II fffl (JnrnfU Earn grlinnl liibrarg „^ Cornell University Library KF 170.A13 1878 Clerks' and conveyancers' assistant :a c 3 1924 022 835 312 Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835312 CLERKS' AND CONVEYAHGERS' ASSISTANT. N COLLECTION OF FORMS CONVEYANCING, CONTRACTS, LEGAL PEOCEEDmGS. FOR THE USE OP THE LEGAL PEOFESSION, BUSINESS MEN, AND PUBLIC OFFICERS IN THE UNITED STATES. COPIOUS INSTRUCTIONS, EXPLANATIONS, AND AUTHORITIRS. BY BENJAMIN VAUGHAN ABBOTT AND " AUSTIN ABBOTT SEVENTH EDITION. NEW YORK: BAKER, VOORHIS & CO., LAW BOOKSEIXERS AND PUBLISHERS, No. 60 NASSATT STREET. 1S18. Enterea according to Act of Congress, in the year one thousand elgtit hnndr^ and sixty-six, By Behjauu; Taughan Abbott and Attbtin Abbott, In the GlerVs Office of the District Court of the United States for the Southern District of New York. PREFACE. The object of this work is- to present to the Legal Profes- sion, ConTeyancers, Judicial and other Public Officers, and Business Men, a well-selected and ample collection of forms of Agreement, Conveyances, Legal proceedings and instru- ments other than those peculiar to actions and criminal pros- ecutions. It is the third volume of a series of form-books, of which the Forms of Practice and Pleading in Civil Actions compose the first two volumes. For the materials of this work, we are, of course, to a de- gi-ee indebted to the labors of others who have edited some- what similar collections ; but we have preferred to rely as far as possible upon actual precedents, such as the resources afforded in the course of a considerable practice, and in the course of reporting judicial decisions for a number of years, have enabled us to gather for the purpose. Such precedents which have been prepared for actual use, and which in many cases have been put to the tests of actual Htigation, we have regarded as most valuable for the purpose of a work hke this. On those subjects within the scope of the work, which are iv PREFACE. regulfxted in detail by the statutes of the several States, we have in many instances presented the principles adopted in the State of New York as the most generic exponent of American Law. But we have spared no pains to gather and present the laws of all the States, upon those subjects in reference to which the practitioner in any State is hable to be called on to draft papers or determine their sufficiency, according to the laws of other States than his own. Benjamin Vaughah Abbott. Austin Abbott. Nbw Tokk, April. 1866. CONTENTS. CHAPTEE I. ABAKDONMEITT. Short Form 1 Abandonment of vessel and cargo, with assignment, power of attor- ney and covenant for fuitlier assurance 2 2 CHAPTEE n. ABSTRACTS OF TITLE. General Form , 3 5 CHAPTEE ni. AOKN^OWLEDGMENT AND PEOOF OF DEEDS. I. Oaths aito AFFrEMATioNS, administebbd orallt to wit- nesses IN TAKING ACKNOWXEDOMENT OB PROOF. Oath of a subscrihing witness, taken upon the Evangelists. . 4 20 The same, taken by uplifting the hand 5 20 Affirmation of subscribing witness 6 20 Oath of a witness to identity of party or subscribing witness, taken on the Evangelists 7 20 The same, taken by uplifting the hand 8 21 Affirmation of witness to identity of party or subscribing witness 9 21 n. CEBTTFICATES of acknowledgment AND PKOOP POK THE VARIOUS States, etc. Alabama. Acknowledgment 10 21 Proof by subscribing witness 11 21 Arkansas. Acknowledgment by a grantor known to the officer 12 22 By a grantor not personally known 13 22 By husband and wife, of a joint deed of the wife's land 14 22 By the same, of a joint deed of the husband's land 15 23 Proof by subscribing witness 16 23 Proof by handwriting of grantor and subscribing witnesses . . 17 23 California. Acknowledgment by one or more grantors known to the officer 18 24 The same, where wife joins 19 S.T By a grantor not personally known to the officer 20 25 n CONTENTS. or FORU. FAQB. Proof by subscribing witness personally known to the ofiBcer 21 25 By one not personally known 23 36 COLOEADO. Acknowledgment 23 26 The same, where wife joins 34 26 CONNECTICDT. Acknowledgment 25 26 The same, of a deed by a corporation 36 27 Dacotah. Acknowledgment 27 37 The same by husband and wife, where she resides in the Ter- ritory 28 37 Authentication of acknowledgment ta,ken without the State . . 29 28 Delaware. Acknowledgment 30 28 The same, of a deed by a corporation 31 28 District of Columbia. Acknowledgment. 82 29 The same, where wife joins ,,. 33 29 Florida. Acknowledgment 34 30 The same, by husband and wife 35 30 Acknowledgment before commissioner, of deed executed or acknowledged without the State, by grantor not personally known 36 30 Acknowledgment before judge in a city or county where there is no Florida commissioner 37 31 Certificate of clerk to be annexed to the foregoing 38 31 Geokgia.- Acknowledgment 39 31 The same, by husband and wife 40 83 Proof by subscribing witness 41 33 Acknowledgment or proof taken without the State by Geor- gia commissioner 43 32 Idaho. [Follow forms given for Nevada.] IlXINOIS. Acknowledgment within the State by a grantor personally known to the officer 43 33 The same, by husband and wife, where wife relinquishes dower 44 33 Acknowledgment within the State, where a grantor is not personally known 45 84 Acknowledgment without the State, where the grantor is personally known 46 34 The same, where he is not personally known 47 35 ;Acknowledgment without the State, by husband and wife, *here wife relinquishes dower 48 35 By the same, of a conveyance of the estate of the wife 49 35 Acknowledgment without the State, by attorney in fact. ... 50 36 Proof without the State, by a subscribing witness 51 36 The same, when the grantor and Bubsoribing witnesses are dead or cannot be produced 53 36 Certificate of clerk to acknowledgment taken according to the laws of another State 53 37 Indiana. Acknowledgment 54 37 Declaration to bai dower of wife imder age 55 37 CONTENTS. vii or FORM. FAGB. Acknowledgment by grantor personally known to the officer 56 38 BysheriflF. 57 38 Where the parties are not personally known 58 38 Proof by witness, where the grantor is dead or cannot be procured, or refuses to acknowledge 69 39 EJLNSAB. [Follow forms given for Iowa.] KJENTCCKT. Acknowledgment within the State 60 39 The same, without the State 61 40 Louisiana. Authentic act of saJe, and wife's renunciation 62 40 Acknowledgment of private act 63 41 Mattt tc , Acknowledgment 64 43 The same, by attorney in fact 65 42 The same, by corporation 66 42 Makyulnd. Acknowledgment within the State 67 43 The same, by husband and wife 68 43 Acknowledgment taken without the State 69 43 Affidavit to be affixed to mortgages of land and to mortgages or bills of sale of personal property 70 43 Massachusetts. Acknowledgment within the State 71 44 The same, by attorney in fact 72 44 Acknowledgment without the State 73 44 MiCHIGAfr. Acknowledgment within the State 74 45 The same, by husband and wife 75 45 Acknowledgment without the State 76 45 Acknowledgment of deed by a corporation 77 46 MnWESOTA. Acknowledgments 78 46 Acknowledgment where a resident married woman joins her husband in the deed 79 46 Proof by subscribing witness 80 47 Mississippi. Acknowledgment 81 47 The same, by husband and wife 82 48 Proof by subscribing witness 83 48 Authentication of acknowledgment taken by a judge without the State 84 48 MlSSOUBI. Acknowledgment by grantor personally known to the ofEcer 85 49 By grantor not personally known 86 49 By husband and wife, to extinguish dower 87 49 By the same, to convey wife's estate 88 50 Acknowledgment of conveyance by power of attorney 89 50 Proof by witness, where grantor is dead, or cannot be pro- cured, or refuses to acknowledge 90 50 Nebraska. [Follow forms given for Iowa.] Nevada. [Follow forms given for Caufokhia.] ^ OONTEITTS. iro. or rORV, FAGK, New Hampshike. Acknowledgment within the State 91 51 Without the State, ..., ". 93 51 New Jeesbt. Acknowledgment within the State, hy a grantor known or identified , 93 52 The same, hy husband and wife 94 53 Of deed by a corporation ,, 95 53 Of deed by an attorney 96 53 Proof by subscribing witness 97 53 Proof where witness is dead or cannot be obtained 98 53 Acknowledgment without -the State 99 53 New Mexico. Acknowledgment by a grantor personally known to the officer 100 54 By a grantor not personally known .• 101 54 By husband and wife 103 54 New Tokk. Acknowledgment within the State, by grantor known to the officer 103 55 • By one of several grantors known to the officer 104 55 By two or more grantors known to the officer 105 55 By grantor not known to the officer 106 55 By two grantors, one known and one not known 107 55 By five grantors, two known and three not known 108 56 By husband and wife, known to the officer 109 56 By two husbands and wives, known to the officer 110 56 By husband and wife, not known Ill 57 By husband known and wife not known 113 57 By wife, in a separate certificate 113 57 By husband and wife, resident without the State 114 58 By attorney in fact, known to the officer 115 58 By the same, not known , 116 58 By sheriff, referee or receiver 117 58 By deputy or under-sheriff. 118 59 By executor or trustee 119 59 By grantor, after attaining majority, to confirm deed executed during minority 120 59 Proof within the State, by subscribing witness known to the officer. 131 59 By subscribing witness, not known 132 60 By subscribing witness as to husband, and acknowledgment as to wife, both known to officer 123 60 The same, where neither are known 134 61 By subscribing witness known to officer, where grantors are husband and wife residing without the State 135 61 The same, where witness is not known 136 61 By subscribing witness, known to the officer, deed being ex- ecuted by attorney 137 63 Proof of deed of a corporation, signed by the president, known to the officer 128 63 The same of a deed signed by the president and cashier or secretary, and proved by the latter 139 63 Of a deed by a religious corporation 130 63 The same of a deed signed by the rector and proved by the clerk 131 63 Proof of deed by municipal corporation 133 63 Petition for a subpoena to compel a subscribing witness to prove the execution of a conveyance , 133 64 Verification thereof 134 64 Subpcena 135 64 CONTENTS. IX OF FOHM. PAOr Affidavit of service thereof 138 65 Warrant to attacli witness not appearing;. 187 65 Commitment of witness refusing to testily '. 138 6f5 Proof by handwriting where the subscribing witnesses are dead ,. ...139 65 Acknowledgment or proof vi^ithout the State 140 66 Authentication by county clerk, to be annexed to a certificate of acknowledgment or proof, taken according to the laws of this State, to be used in another State 141 67 NoBTH Carolina. Acknowledgment within the State 143 67 The same, by husband and wife 143 67 Proof by subscribing witness 144 68 Acknowledgment or proof without the State, before a judge of another State 145 68 Authentication thereof 146 68 Acknowledgment of proof without the State, before a com- missioner 147 68 Ohio. Acknowledgment within the State 148 69 The same, by husband and vpife: 149 69 Acknowledgment vrithout the State, by a single person 150 69 The same, by husband and wife 151 70 The same, by an attorney in fact 153 70 Okbgou. Acknowledgment by grantor known to the officer 153 70 The same, by grantor not known 154 71 By husband and wife, resident and known 1 55 71 Proof by subscribing witness known to the officer. 156 71 By subscribing witness, not known 157 71 Pennstltania. Acknowledgment within or without the State 158 73 The same, by husband and wife ; 159 73 By an attorney in fact 160 73 The same, in behalf of a corporation 161 73 Acknowledgment of certificate, by special partners 163 73 Rhode Isi-ahd. Acknowledgment within the State 163 73 The same, by husband and wife 164 74 Acknowledgment of a separate release of dower 165 74 Acknowledgment without the State 166 74 South Carolina. Proof by subscribing witness 167 74 Acknowledgment of release of dower 168 75 Acknowledgment of renunciation of inheritance 169 75 Acknowledgment without the State 170 70 Tennessee. Acknowledgment 171 76 The same, by husband and wife 173 76 Proof by witnesses 173 76 Texas. Acknowledgment 174 77 Acknowledgment by wife, of deed by her husband and her- self, of her separate property 175 77 Proof by subscribing witness 176 77 Vermont. Acknowledgment 177 78 Acknowledgment by agent of corporation 178 78 CONTENTS. NO. ViEGINIA. or FORM PASi Acknowledgment 179 78 Acknowledgment by married woman 180 79 Washington Tekeitort. Acknowledgment 181 79 Acknowledgment by husband and wife 183 79 "West Vieginia. : [FoUow forms given, for Vjeginia, except that one justice may take an acknowledgment.] Wisconsin. Acknowledgment by a grantor known to the oflScer 183 80 By a grantor not known to the officer 184 80 CHAPTER IV. AFFIDAVITS. Common form 185 81 Affidavit to copies of papers 186 81 Affidavit to be used abroad . . , 187 81 CHAPTER V. APPOINTMENTS. I. Aepointmbnts to pbbform duties, etc. Appointment of a guardian, by a minor 188 83 The same, by a father 189 83 The same, made by wiU 190 83 II. Ahpointmbnts in execution of powers. By wife, of real property, by a grant to take effect on her death 191 84 The same, by will 193 84 Consent to be indorsed on the foregoing 193 85 By a wife, for the sale of stocks, under a power reserved to her in a marriage settlement 194 85 Reservation of a power to revoke and appoint anew, which may be inserted in an appointment 195 86 CHAPTER VI. APPRENTICES. I. The contract of apprenticeship. Indenture with consent of father 196 88 Indenture with consent of mother 197 89 Consent of father or mother 198 89 Justice's certificate, where the consent is by the mother .... 199 89 Indenture with consent of guardian 200 89 Consent of guardian, where parent's consent is not given. . . 201 90 Indenture, with consent of magistrates 302 90 Consent of magistrates, where parent's or guardian's consent is not given 303 90 Agreement by the father, to answer for the fidelity of the apprentice : to be indorsed on the indenture 304 90 II. Proceedings upon a violation. Complaint against apprentice for refusing to serve 305 91 Verification of the same 206 91 CONTENTS. XI OF FOUU. PAOB Warrant on the foregoing complaint 307 91 Commitment of apprentice refusing to serve 208 91 Master's complaint touching misdemeanor or ill-behavior of apprentice 209 92 Warrant on the foregoing complaint 210 92 Commitment of apprentice for misdemeanor or iU-behavior. . 211 92 Bischarge of apprentice from service, and of the master from his obUgations 312 92 Complaint by apprentice 213 93 Summons on the foregoing complaint 314 93 Discharge of the apprentice on the foregoing complaint 215 93 CHAPTER YII. ARBITKATION AND AWARD. At common law. General form of agreement of submission 316 96 The same, with agreement for an umpire 317 97 Short form of submission 218 98 Special submission ; conlroversy between several persons on each side 319 98 Special submission, of controversy as to wages 320 98 The same, of controversy as to an accoimt 231 98 The same, of controversy as to breach of warranty 322 99 The same, concerning the settlement of partnership affairs . 223 99 The same, of controversy as to annuity in lieu of dower 224 99 The same, concerning land and trespasses 225 99 The same, concerning boundaries 226 100 Arbitration bond. 327 100 The same, where appointment of an umpire is contemplated. 338 100 Agreement of submission or bond, where the arbitrators are to be sworn 339 101 Submission without discontinuing a pending suit 230 101 Notice to the arbitrators of their appointment 231 101 Notice of hearing for adverse party 232 101 Oath of witnesses 233 102 Agreement to extend the time for making award 334 102 Kevocation of arbitrator's powers 335 103 Notice of revocation to adverse party 336 103 Appointment of umpire after disagreement of arbitrators. . . 337 103 The same, before the hearing 238 103 Award by one or more arbitrators 239 103 Award by umpire 240 103 Awards; — for payment of money in full 241 104 " for damages for breach of warranty 243 104 " for delivery of goods 343 104 " for delivery of writings 244 104 " for delivery up of writings to be cancelled 245 105 " for giving a bond for payment of money 346 105 " for assignment of a mortgage 247 105 " for specific performance of agreement to assign a lease 348 105 " for specific performance of contract to convey land 349 105 Provision for the discontinuance of aU suits 250 105 " for the same, with costs 251 106 " for general releases 353 106 " for costs of the arbitration 253 106 xu CONTENTS. HO. tl. Arbitbation tjndbk the statute. o' "<"'•«• '■•""' Submission 254 106 Oath of arbitrators : 35.'5 107 Oatli of applicant for subpoena 256 107 Subpoena to appear before arbitrators 257 107 Affidavit to the submission by the subscribing Tvitness 258 107 Affidavit to the award by the subscribing witness 259 108 The same.by the arbitrators. 260 108 Proof of service of award. 261 108 Notice of application for judgment 263 109 i Order confirming awa.rd 263 109 Judgment on awarA 264 109 CHAPTER Yin. AEKEAES OF PAY AND BOUNTY. Invalid's application for arrears of pay and bounty 265 111 Widow's application for the same. ; 266 111 Children's application : 267 112 Father's application , , . , 268 113 Mother's application '. 269 113 •Brothers' and sisters' application , 270 114 CHAPTER IX. ' , , ASSIGNMENTS. Short form of assignment, suitable to be indorsed on a, vrritten , instrument '. 271 116 The same ; with a power to sue 273 116 •Assignment of a demand, aa collateral security for a note 273 117 Assignment of a demand, as collateral security for an indorsement. 374 117 Assignment of an account :....... 275 117 Assignment of a bail-bond 276 118 Assignment of a bond, with covenant of amount due, and power to sue 377 118 Another form, vrith covenants, guaranty, and power to sue 378 118 Assignment of chattels, by reference to former bill of sale 379 119 Assignment of a book to be copyrighted 280 180 Assignment of a copyright '. 281 120 Assignment of a contract for the sale of real property 282 130 The same ; adapted to a special case 383 131 Consent to the preceding assignment 284 121 Assignment of a debt 385 123 Assignment of ground-rent .• 286 122 Assignment of indenture of apprenticeship 287 123 Approval of the preceding assignment 288 123 Assignment of a judgment 289 123 The same ; another form 290 134 The same ; to be indorsed on transcript ; 391 124 Assignment of a lease. 293 125 Assignment of a mortgage 393 125 Assignment of a morijage -with the bond or note 294 126 ■Assignment of partnership property, by one partner to another, to close the concern 295 126 Assignment of entire interest in a patentable invention 296 138 Assignment of part interest 297 138 Assignment of letters patent 298 139 Assignment of policy of insurance 399 139 CONTENTS. xiu « NO. OF FOKH. FAGK Approval, to be indorsed on the preceding assignment 300 130 Assignment of recipe for making a medicine 301 130 Assignment.by a sheriff to his successor in office 302 130 Assignment of shares in corporate stock 303 131 Assignment of wages due 304 131 Assignment of miscellaneous property described in a scliedule 305 133 Assignment by a corporation 306 132 CHAPTER X. ASSIGNMENTS IN TEUST FOR CREDITORS. Assignment by an individual, without preferences 307 137 The same; another form 308 139 Acceptance by assignee 309 139 Assignment by copartners, with .preferences 310 139 The same ; another form 311 140 Inventory (required by the New York statute of 1860) 312 142 Petition for an accounting by assignee (under same statute) 313 143 Bond of assignee (under same statute) 314 144 Approval of county judge, to be indorsed on the preceding statute . 315 144 Summons to an assignee (under same statute) 316 145 CHAPTEE XI. AUCTIONS. Bond of auctioneer 317 145 Acknowledgment and approval 318 146 Certificate to be indorsed on copy for county clerk 319 146 Notice by magistrate to comptroUer 320 146 Oath of copartner or clerk - 821 147 Oath of auctioneer to semi-annual account 322 147 Oath of partner or clerk to account containing any sales made by him 323 14V Terms of sale of real property. 334 148 Memorandum of sale 325 148 CHAPTER Xn. BANKS. Affidavit to statement of unclaimed dividends or deposits 336 149 CHAPTER Xni, BASTARDY. Application of a superintendent, or overseer, of the poor 327 150 The same ; when tlie application is before the birth 328 150 Affidavit of the mother, on her examination before the magistrate 329 151 The same ; when the examination is taken before the birth 330 151 Warrant to apprehend reputed father. 331 151 Indorsement on a warrant to be executed out of the county 333 151 Indorsement of justice in another county 333 151 Bond of reputed father, on arrest in another county, to indemnify the county, etc 334 153 Tlie same ; conditioned to appear 335 153 Certificate of discharge, on executing either foregoing bond 336 153 Bond to obtain adjournment of the hearing before the magistrate 337 158 , xiv CONTENTS. iro. OF FORK. TAB* Subpoena 338 154 Warrant to bring up the mother to testify 339 154 Order of filiation 340 154 Bond for support of child and mother, under order of filiation 341 155 Bond to appear, to be given instead of the foregoing 342 156 Warrant to commit reputed father 343 156 Order of filiation made in the absence of the reputed father, he having been arrested in another county 344 157 Warrant to commit a mother refusing to disclose the father's na,me 345 157 Summons to mother having property in her own right 346 158 Order thereoif 347 158 Notice of appeal from order of filiation ' 348 158 CHAI'TEE XIV. BILLS OJF EXCHANGE. Bill of exchange 349 159 Setof biUs 350 160 Indorsements 351-4 160 CHAPTER XV. BILLS OF LADING. General form 355 161 CHAPTER XVI. BILLS OF SALE. Bill of sale describing the chattels 356 163 BUI of sale of a horse, with warranty 357 163 Bill of sale, referring to a schedule annexed^ for an enumeration of the goods 358 164 Schedule annexed to the foregoing bill of sale 359 164 BUI of sale where a schedule is to be subsequently made 360 164 Declaration of symbolical delivery which may be inserted 361 165 Another form ; by indorsement on the bill of sale 362 165 BUI of sale in consideration of the assignee's agrieeing to maintain the assignor for life 363 165 Bill of sale of a registered vessel of the United States 364 166 Acknowledgment of the foregoing bill of sale 365 167 BUI of sale of an enrolled vessel of the United States 366 167 BUI of sale of a vessel not registered or enrolled 367 168 BUI of sale of stocks already pledged to auotter person 368 169 CHAPTER XVII. BONDS. I. Bonds conditioned for the payment or money only. Short form of bond for payment of money, with or witliout penalty 369 173 Common form of bond for payment of money 370 173 The same ; vrith interest periodically meanwhile 371 173 The same for payment in equal aniiual instalments, with interest diinuaUy on what remains unpaid 373 174 The same ; for payment in unequal instalments, with interest 373 174 The same j for payment in instalments, with interest on each instalment as it falls due 374 174 CONTENTS. XV iro. OF FORIf, PAGE The same ; for payment after death of third person 375 174 Bond ■with interest clause — usual where mortgage is given. 376 175 The same ; with insurance clause 377 175 Bond by several obligors 878 176 Signature by an obligor who will not be bound unless others sign 379 177 Bond by several persons, bound severally, for several amounts 380 177 , Bond by one obligor to several obligees 381 177 Bond to executors or administrators 383 178 Bond to an unincorporated society 383 178 Bond to a corporation ; 384 178 Bond by a corporation 385 179 Negotiable bond of corporation 386 179 The same ; secured by mortgage 387 180 Form of coupons or Interest warrants annexed to negotiable bond '. 388 181 Bond with warrant of attorney to confess judgment 389 181 Short form of the same 390 182 Collateral bond for the payment of money already secured by mortgage only 391 183 Collateral bond by surety, for payment of money already secured by bond and mortgage 393 183 Bond for payment of an annual sum to two persons and the survivor for life 393 183 Bond for the payment of an annuity for a term of years. . . 394 184 Bond for payment of money upon expiration of apprentice- ship, or upon marriage V 395 184 Bond or bill for an unliquidated sum 396 185 Bond by debtors to pay according to a composition deed 397 185 II. BOTTOMBT AND KBSPONBBNTIA BONDS. Bottomry bond 398 186 Bottomry bond by a part owner, signing as attorney for other owner 399 187 Respondentia bond 400 188 m. Bonds for the pbeformancb ob non-perfokmancb of VARIOUS ACTS. Bpnd for the performance of covenants 401 189 Bond that a warranty shall be kept 403 189 Bond for repayment of purchase-money, on a breach of warranty 403 190 Bond for a deed, by vendor to purchaser 404 190 Bond with surety, to execute a conveyance 405 191 Bond to give a quit-claim 406 193 Bond that a third person shall convey on coming of age. . . 407 193 Condition for quiet possession meantime 408 193 Bond to execute an assignment 409 193 Bond to pay off and cancel a mortgage 410 193 Bond by vendor, to deliver lost title deeds when found, and to indemnify against encumbrances 411 194 Bond by part owners of a ship, on selling the same, to pro- cure bill of sale from the other part owner 413 194 Bond of tenant, with surety, for the payment of rent 413 195 Bond of tenant, with surety, for the surrender of premises in good condition, etc 414 196 Bond, with surety, to deliver to sheriff goods levied on, and left in defendant's possession 415 196 Bond to executors, etc., to refund legacy if assets prove in- sufficient 416 197 ' Bond to executors, etc., on payment of a legacy to a minor . 417 198 Bond to maintain two persons for life. 418 198 xvi COITTENTS. wo. OF FOBM. PAGV Bond to marry, or to pay a sum of money. 419 199 Bond to contribute to'the support of an illegitimate ohUd. . 430 199 Bond to serve in consideration of the payment of a debt. . . 421 199 Bond by a father for service of apprentice 422 ; 200 Bond, for clothing, and in sickness maintaining an appreif-' tice, and for his fidelity , 423 300 » Bond of master, to discharge an apprentice before the ex- piration of his term. 434 301 Bond to indemnify a master for discharging an apprentice. . 435 202 Bond by one empowered to collect debts for executors, etc. , 426 203 Bond for the return of goods to be sold, or their value 437 203 Bond for the fidelity of a clerk 438 203 Bond for the fidelity of the treasurer of an unincorporated association 429 204 Bond for the fidelity of the cashier or teller of a bank 430 204 IV. Bonds of iNDEMinTT. Bond, TOth surety, to indemnify the sheriff on levying an execution : 431 , 305 Bond, with surety, to indemnify maker of note, or acceptor of bill, for accommodation, from loss thereby 433 306 Bond to indemnify partners having indorsed for accommoda- tion, against liability thereby 433 206 Bond by a person carrying on business in the name of another, to indemnify the latter from loss or damage .... 434 307 Bond to indemnify tenant on paying rent when title is in dispute 435 308 The same, another form; requiring recovery against the tenant 436 308 Bond to indemnify against claim of dower 437 309 Bond to indemnify on paying a lost note or bill 438 309 Bond to indemnify on paying a lost bond 439 310 Bond to indemnify a surety in a bond for payment of money. 440 , 310 The same ; to a surety in a bond for performance of covenants. 441 211 Bond to indemnify a receiptor to the sheriff 443 211 V. OFFICIAIi BONDS. Generalform 443 213 Bond of sheriff. , 444 213 AfiSdavit of the sufficiency of sureties, to be indorsed on the foregoing bond 445 , 213 Clerk's certificate of approval of sureties > . . . 446 213 CHAPTEE XVm. BOUNTY LANDS. Application for bounty land by one who has never applied before . 447 215 Oath to identity ; . . . ; ; .: ... 448 216 Magistrate's certificate 449 . 216 Certificate of official character and signature. ..'..; 450 217 Application for a second warrant 451 217 Application by the widow of a deceased person Who has not had a warrant 453 217 Application by widow for a second warrant 453 218 CHAPTEE XIX. OEETIFIOATES. Certificate to copy of paper on file 454 319 Certificate to copy of record 455 219 Certificate of official character i 456 219 UUJSTJiJNiS. XVll CHAPTEE XX. CHAETEE PAETIES. KO. OP FORM. PAGE Charter party reserving possesaion to the owner 457 231 Charter party giving passession to the hirer 458 223 CHAPTEE XXI. CHATTEL MOETGAGES. Short form ; ■without warranty, stipvilations as to right of possession, or sale, or personal liability 459 227 The same ; but with personal liability, and stipulation for sale . . . 460 228 Chattel mortgage to secure a present indebtedness payable on demand, or at a specified day, with reservation of right of pos- session, except in case of danger, and stipulation for sale 461 228 Chattel mortgage, with warranty of title, covenant to pay the debt, and reservation of right of possession until the mortgagee demands it 462 229 Schedule annexed to the foregoing 463 230 Chattel mortgage for a sum of money at a future day, with interest periodically meanwhile 464 230 The same ; for payment in equal annual instalments, with interest annually on what remains unpaid 465 231 The same ; for payment in unequal instalments, with interest 466 231 The same ; for payment in instalments, with interest on each in- stalment as it falls due 467 231 Chattel mortgage to secure a note 468 231 Chattel mortgage to secure an indorser 469 232 Chattel mortgage to secure payment of numerous notes, and in- demnity against certain debts of the mortgagee assumed by the mortgagor 470 232 Chattel mortgage to secure a surety in a lease 471 233 Chattel mortgage to secure future advances 472 234 Chattel mortgage, by a corporation to trustees, in trust for its bondholders 473 234 Condition, in a mortgage of stock, that the mortgagee shall not sell until default '. 474 286 Unqualified reservation of right of possession until default 475 236 Stipulation requiring a sale to be made 476 237 Stipulation regulating the mode of sale 477 237 Mortgage of a vessel 478 237 Acknowledgment of a chattel mortgage 479 238 Annual statement of amount claimed 480 238 The same ; where the mortgage is claimed as security for con- tingent or unliquidated demands 481 238 Notice of sale under mortgage , 482 239 Terms of sale 483 239 Purchaser's memorandum 484 240 Notice of adverse claim, read at the sale to warn pmchasers 485 240 CHAPTEE XXII. CLERKS AND OEIEES. Proclamation on opening court 486 242 Proclamation for sheriff to return process 487 242 Proclamation for magistrates, etc., to return.recognizances, etc. . . . 488 243 xvm CONTENTS. HO. OF FORM. Proclamation tefore calling grand-jury 489 342 Oath of the foreman of the grand-jury 490 243 Oath of grand-jurors 491 243 Proclamation for silence on charging grand-jury 493 343 Proclamation calling constables ., 498 343 Proclamation before calling petit-jury 494 242 Proclamation for imposing fines 495 343 Proclamation for persons to appear on recognizances 496 243 Proclamation for persons bound to answer 497 243 Proclamation for bail to produce principal 498 243 Proclamation for discharge of persons against whom no bills are found 499 244 Proclamation for discharge 500 344 Proclamation for arraignment of prisoners 501 244 Arraignment of person indicted 503 344 Proclamation for petit-jury on the same 503 344 Address of clerk to the prisoner, before calling the jury 504 344 Oath of juror on a trial for felony 505 244 Oath of trier on a challenge to the favor 506 345 Oath of a witness before the triers 507 345 Finding of the triers 508 245 Proclamation requiring a witness under recognizance, to appear and testify 509 345 Oath of a witness on a trial for felony 510 245 Proclamation before sentence pronouneed 511 345 Proclamation before calling jury on a trial for misdemeanor 513 245 Oath of juror on a trial for misdemeanor 513 345 Oath of a witness on a trial for misdemeanor 514 345 Oath of a witness on the trial of a justice, on charges 515 346 Address of the clerk on taking a recognizance to appear 516 346 The same ; on recognizance to keep the peace, or for good behayibr. 517 246 Taking verdict on a trial for felony 518 246 Polling jury in the same 519 246 Taking verdict in other criminal cases 530 247 Polling jury in the same 531 347 Proclamation for jury in a civil cause 522 247 Oath of jurors in a civil cause 523 247 Oath of triers in a civil- caiise, upon a challenge for favor 534 347 Oath of witness on a challenge of a juror 535 847 Proclamation for plaintiff to appear and prosecute 536 348 Proclamation for defendant on an inquest 527 248 Proclamation calling a witness to answer on a subpoena 528 248 Oath of a witness to give testimony 529 248 The same by the uplifted hand 530 248 AflSrmation of witness 531 248 Oath on the voire dire 533 248 Entry when an attachment issues against a witness 533 248 Oath of interpreter ' 534 248 Oath of interpreter to a deaf and dumb witness 535 249 Oath of a party, or interested witness, preliminary to evidence of the contents of a paper not produced 536 349 , Oath of a party, or interested witness, preliminary to proving the handwriting of a subscribing witness 537 249 Proclamation for adjournment 538 249 Proclamation for opening court after adjournment 539 249 Oath of constables, on retiring with a jury, or jurors on leave .. . 540 349 Oath of constables, to keep jury on an adjournment 541 349 Oath of constable who attends the jury when they retire to con- sider their verdict in civil and criminal cases 543 250 Taking verdict in a civil case 548 350 Entry of verdict 544 250 CONTENTS. XIX NO. or FORM. PAon Entry of verdict, with asBessment of value of personal property. . 545 250 Entry of judgment 546 350 Taking verdict wliere personal property is in question 547 251 Taking verdict in actions for damages 548 251 Taking verdict in cases of lunacy, etc 549 251 Taking verdict in action for recovery of real property 550 251 Polling jury in civil cases 551 251 Oath on apphcation to excuse or discharge a juror or constable. . . 552 253 On application of juror, or constable, for a remission of fine 553 253 Oath of poor witness, on application for expenses 554 253 Notice of dravying a jury 555 253 Notice of drawing additional jurors 556 352 CHAPTEB XXIII. OONTKAOTS. General form of contract, with provision for liquidated damages in case of breach 557 254 Contracts executed by agents or attorneys in fact 558 255 Contract declaratory of the construction of a previous contract . . . 559 255 Contract with a derk or workman 560 356 Contract to bind a minor to service in payment for his passage- money 561 356 Acknowledgment of the foregoing contract 562 356 Railroad construction contract 563 357 Contract by officers of a corporation, for construction of a loco- motive engine • 564 269 Contract for the construction of a steamship 565 369 Contract for the construction of engines for a steamship 566 270 Contract for the right to manufacture a patented article, paying a , tariff to the patentee 567 371 Contract between author and publisher, for publication of a book upon a copyright 368 373 Contract for sale of manuscript and copyright 569 373 Contract between printers and publishers, for publication on joint. account .". . 570 274 Agreement for sale and purchase of personal property 571 275 Contract for sale of goods at a price to be fixed by appraisal 572 275 Contract for sale of stock of goods and good-wiU of business, with covenant in restraint of the vendor 573 . 276 Agreement to sell shares of stock in a corporation or jointstock company 574 277 Contract for sale of land 575 277 The same ; with building loan 576 378 Contract for sale of farm and mill ; payment in instalments 577 381 Stipulation as to terms of purchase-money mortgage 578 283 Stipulation as to time of taking possession and incomes 579 282 Stipulation as to possession, taxes, etc 580 382 Provision that existing insurance shall inure to the benefit of thp purchaser 581 383 Contract of several persons to unite in a purchase 583 383 Agreement for a lease 583 383 Contract for building 584 384 Special stipulations which may be ii^erted according to the nature of the case 585 384 Contract for mason's work of a building. 586 385 Contract to build party wall 587 387 Agreement for changing mortgage security 588 388 XX CONTENTS. CHAPTEE XXrV. OOEONERS. so. OF FOBU. PAG« Oath of the foreman of a coroner's jury 589 289 Oath of other jurors 590 289 Subpoena for witnesses 591 289 Attachment against a witness not appearing 593 290 Oath of witness on coroner's inquest 593 290 Examination before coroner and jury , . . . 594 290 Inquisition 595 290 Warrant of coroner for arrest of person charged by the inquest. . . 596 291 CHAPTEE XXV. CORPORATIONS. , I. Stock aud dividendb. Preliminary engagement to take stock in a corporation to be formed 597 292 Certificate of stock ' 598 293 Transfer of stock 599 293 Power of transfer 600 293 Power to collect dividend 601 293 n. Elbctiosts. Oath of inspector 603 293 Oath of stockholder of a moneyed corporation when chal- lenged .' 603 293 Proxy 604 294 AfiSdavit to be annexed to proxy to enable voting at an elec- tion in a moneyed corporation 605 295 CHAPTEE XXVI. COVENANTS. A covenant by one person to one person 606 295 A joint covenant by two or more persons to one person 607 296 A jolut and several covenant 608 296 A several covenant 609 296 The same ; another form 610 396 Covenant by a husband for himself and wife 611 296 Covenants by several grantors, each for his own portion of the estate only 613 296 Mutual covenants ; — ^independent 613 296 Mutual covenants ; — a covenant to convey being dependent upon a covenant to pay purchase-money 614 297 Covenant for seizin 615 397 The same ; a short form 616 297 The same ; several and not joint 617 297 The same ; by life tenant and tenant in fee of the reversion 618 397 Covenant for seizin by executors 619 398 Covenant for power to convey , 630 398 Short form of covenant for seizin and povver to convey 631 398 Covenant for quiet possession 633 398 The same ; a shott form 633 399 Covenant against encumbrances 634 399 The same; a short form 625 399 CONTENTS. XXI KO. or FORU, PAOB Covenant for further assurance 636 299 The same ; a short form 637 300 Covenant against grantor's acts 628 300 The same ; a short form i 639 300 Several covenants by grantors against their own acta respectively. 630 300 Short form of covenants of seizin and warranty 631 300 Covenant against nuisances 633 300 Covenant not to build so as to obstruct light and air 683 301 Covenant to maintain fences 634 301 Stipulation against implied covenants 635 801 Covenant to stand seized to uses 636 301 CHAPTEE XXVII. DEBTOK AND OBEDITOE. Letter of license, common form 637 303 The same ; with a condition that the debtor pay by instalments . . 638 304 Composition with creditors 639 304 Letter of Ucehse or composition deed, to be void unless all the specified creditors sign 640 305 Composition deed allowing debtor to carry on business under in- spection of a committee of the creditors 641 306 Minute of creditors' meeting agreeing on a composition 643 309 CHAPTEE XXVIII. DEEDS. I. FOKMS SANCTIONED BY THE STATUTES OK PRACTICE OF PAB- TicTjLAB States, and dibbotions for execution. Alabama 816 Arkansas 316 California 316 Connecticut '. 317 Delaware 317 Georgia • 317 lUJNOIS. Deed conveying with covenants 643 317 Indiana. Deed conveying mthout covenants 644 318 Warranty-deed 645 318 Another form 646 319 lowA. Quit-claim deed 647 320 Deed in fee-simple without warranty 648 320 The same ; with warranty 649 320 Another form ; — warranty-deed with covenants 650 320 Deedof trust 651 320 Kansas 820 Kentucky < 330 Deed with covenants. 652 331 Louisiana 321 Conveyance with warranty and purchase-money 'mortgage.. 653 321 Maine 833 Maryland 333 Massachusetts 323 Common form of warranty-deed 654 333 xxu CONTENTS. so. OV 70EM, The same ; with release of dower by- wife 655 323 Quit-claim and release 656 324 Deed by husband and wife, conveying wife's land 657 324 Michigan 324 Minnesota 325 Mississippi 325 MissouKi 325 Deed with general warranty : 658 335 Deed with special warranty 659 326 Quit-claim deed 660 326 New Hampshibb 326 New Jersey 326 Deed with general warranty 661 326 Deed with special warranty 662 327 NewYobk 327 Ohio 327 Deed with covenants and warranty 663 328 Oregon 328 Pennstlvahia 328 Warranty-deed , 664 328 Bhode Island 329 South Cabolina ; 329 Deed with warranty 665 330 Tennessee 330 Texas 330 Vermont 330 Virginia 331 Quit-claim deed 666 331 Deed to convey grantor's whole interest 667 331 Deed with covenant against grantor's acts 66.8 381 Warranty-deed with full covenants 669 831 Deed of trust to secure debts, etc 670 833 Deed of life-estate- 671 333 Wisconsin 332 11. Forms generally applicable. Formal indenture 672 333 Deed poll 673 334 Short form of deed in fee 674 334 Quit-claim deed ■ 675 384 Deed conveying without covenants .■ . . . 676 335 Deed with covenants against grantor's acts 677 386 Warranty-deed 678 337 Special warranty 679 338 Wairranty-deed with full covenants '. 680 339 Deed wiili covenant against certain buildings and occupa- tions, and nuisances ; 681 341 Short form of warranty-deed : 683 343 Attestation of deed in which erasures or interlineations appear 683 343 Deeds by or to Particular Classes of Parties, such as Corporations, Officers, Trustees, etc. Deed by a corporation 684 343 The same ; where all the directors sign 685 344 The same ; by a municipal corporation 686 344 Deed to a corporation 687 344 Deed relating to heirs or devisees 688 345 Deed executed by an attorney in fact 689 34a CONTENTS. xxin so. OF roBU, PAOB Anofher form ; referring to the power annexed 690 345 Deed by authority of the Legislature 691 346 Deed by executors 692 346 Deed by survivors of the acting executors 698 347 Deed by executors, reciting the power and the facts 694 348 Deed by several executors, covenanting sevnrally 695 349 Deed by executor or administrator, selling by order of court for payment of debts 696 349 The same ; setting forth the orders at large 697 350 Deed by executor, conveying land by order of court, pur- suant to contract of testator, duly proved and recorded. . 698 351 Deed by administrator, conveying, by order of court, pur- suant to contract of his intestate 699 352 Deed by administrators, for purpose of partition, after valua.- tion and refusal by heirs 700 353 Deed of guardian, conveying infants' estate by leave of court 701 355 Deed of infant ; conveying by special guardian, by leave of court 702 356 Deed by committee of idiot, lunatic or habitual drunkard. . 703 357 Deed by trustees or assignees of an insolvent or bankrupt or an absconding debtor 704 358 Deed by master in chancery 705 359 Sheriff's deed after sale on execution 706 361 The same ; conveying to an assignee of the purchaser 707 361 The same ; to redeeming creditor 708 361 Deed by sheriff or referee, on sale in foreclosure 709 362 The same ; in partition 710 363 Deed by commissioners on sale in partition 711 364 Deed by mortgagee, on foreclosure by advertisement 712 365 Deed by referee pursuant to a judicial sale, other parties in interest joining as grantors 713 367 Deeds upon peculiar considerations : Deeds to correct mistakes in a prior conveyance 714 368 Deed confirming a prior voidable deed 715 309 Short form of the same : by indorsement on the prior deed 716 370 Release by a trustee to the grantee of his cestui que trust. . 717 370 Partition, deed 718 371 Deed among heirs, in confirmation of devises, with covenant to abide by the will 719 373 Deed of gift 720 374 Deed of exchange 721 375 Yarious descriptions of property and appurtenances : Description of land by No. of lot and township 722 376 Description by metes and bounds 723 376 The same of a city lot • 724 376 Description by reference to a map 725 377 Description bounding by rivers, highways and other boun- daries 726 377 Description of water-lot 727 377 Description of unpatented land 728 378 Descriptioij o« undivided share .' . 729 378 Description of land subject to a mortgage, or of an equity of redemption 730 378 The same ; where the grantee covenants to pay the mortgage 731 378 Description of a, lot with a right of way and of making a drain 732 379 Description of a lot abutting on an alley, with right of way therein subject to charges and covenants 733 379 Grant of easement appurtenant to lot bounding on an alley orcourt 734 380 ixiv CONTENTS, wo. OF FORK. Premises subject to easement for party wall 735 380 Premises subject to easement for drain 736 880 Description of water-power 737 380 Reservation of ground for streets 738 381 Exception and reservation of mines, with rent and covenant to pay damages 739 381 Deeds creating or conveying particular estates other than an ab- solute fee: Deed of a life estate with remainder over 740 383 Deed by a tenant for life 741 383 Assignment of dower 743 383 Release of dower 748 384 General release of dower in consideration of beneficial pro- visions of wiU 744 384 Short form of release of dower by indorsement on deed 745 385 Deed conveying reversion in fee subject to outstanding life- estate 746 385 Release of rents 747 386 Deed of surrender of a term for life or years to the rever- sioner 748 388 Short form of a surrender of lease, to bfe indorsed thereon.. 749 388 Deed creating a joint tenancy 750 388 Deed creating a tenancy iu common 751 889 Release of part of mortgaged premises 753 389 Deed of right of way, with covenant by grantee to repair. 753 390 Eight to lay an aqueduct 754 391 Deed of water-power, measured by capacity of flume 755 391 Deed of a pew by proprietors of a church 756 391 Deed by trustees of the corporation conveying pew subject to assessments 757 392 Deed of a pew by one individual to another 758 393 Deed of land to a railroad company for the purposes of their road 759 393 Trustdeed 760 394 Habendum of a deed in trust for a married woman 761 394 Deed conveying in trust for support of parents, with power of appointment, and a. reservation of rents for payment of encumbrances 763 895 CHAPTEE XXIX. DEFEASANCES. Defeasance and covenant to account for a collateral security 763 397 CHAPTEE XXX. • DISORDERLY PERSONS, VAGRANTS, ETC. Complaint against offender 764 399 Complaint for keeping disorderly house 765 399 Warrant to arrest offender 766 399 Examination of the offender 767 399 Record of conviction of vagrant, with commitment to poorhouse . 768 400 The same ; with commitment to county jail 769 400 Recognizance of a disorderly person 770 400 Record of conviction 771 401 Commitment of vagrant to poorhouse 772 401 The same ; to county jail 773 401, Commitment of disorderly person iu default of sureties 774 403 CONTENTS. XXV CHAP-TEE XXXI. DOWER. NO. , OP FORM. PAOB Petition by widow for the admeasurement of dower 775 403 Verification of foregoing petition 776 408 Notice by heirs, requiring widow to demand dower 777 403 Petition by heir or owner for the admeasurement of dower 778 403 Notice of application for dower, to be served with copy of petition 779 404 Petition for appointment of guardian 780 404 Order appointing guardian 781 404 Order for admeasurement of dower 783 405 Oath of commissioners 783 405 Report of commissioners t 784 405 CHAPTEE XXXII. ENTRIES AND MANIFESTS. CHAPTEE XXXni. ESTEATS. Notice to be delivered to town clerk 785 407 Notice of sale , ! 786 407 Certificate of fence-viewer 787 407 Notice of sale of animals straying on the highway 788 407 CHAPTEE XXXIV. EXCISE. Storekeeper's application for a license 789 408 Certificate to character 790 408 Storekeeper's bond 791 408 Justification of sureties 792 408 Acknowledgment 793 409 Storekeeper's license 794 409 Innkeeper's petition , 795 410 Proof of signatures 796 410 Innkeeper's bond 797 411 Innkeeper's license 798 411 CHAPTEE XXXV. EXTRADITION. Affidavit to arrest fugitive from another State 799 418 Warrant by the governor, for surrender 800 413 Commitment by United States commissioner, under extradition . treaty 801 414 Warrant by secretary of state, for extradition 803 4] 4 CHAPTEE XXXVI. FENCES AND FENCE- VIEWERS. Decision of fence-viewers as to value of fence, and portion to be maintained by an owner who has previously let his lands lie open 803 41 5 Decision as to proportion of division fence to be maintained 804 416 XXVI CONTENTS. HO. , OF FORM, PAOK Appraisement of damage in case of neglect to keep fence in repair 805 416 Notice of wish to remove portion of division fence 806 416 Permit by fence-viewers 807 416 Appraisement of damage by cattle 808 416 Certificate that sbeep were killed by dogs 809 417 CHAPTEE XXXVn. FEEBIES. Application for a ferry license 810 418 Notice, to owner of lands, of application 811 418 AfBdavit of service 813 418 Recognizance % 813 419 License for a ferry 814 419 CHAPTEE XXXVIII. FOREOLOSUEE. Notice of sale under power in mortgage 815 " 423 Another form ; the whole mortgage being due on default in interest 816 424 Notice by assignee, etc 817 434 Affidavit of publicafiou 818 425 Affidavit of affixing notice in county clerk's boot 819 425 Affidavit of posting of notice 830 435 Affidavit of service of notice 821 426 Affidavit by auctioneer to the fact of sale 823 436 CHAPTEE XXXIX. GIFTS. CHAPTEE XL. GTTAEANTIES. Guaranty of payment of note 823 428 Of payment of bond 824 428 Of collectibility 825 438 Of rent 826 429 Given to stop legal proceedings 827 429 Of performance of contract 838 439 CHAPTEE XLI. GUARDIAN AND WARD. Petition for appointment of guardian of a minor of the age of four- teen 839 430 Consent to be annexed 830 430 Affidavit as to property, to be annexed 831 430 Bond of guardian 883 431 Affidavit to sufficiency of surety 833 431 Letters of guardianship 834 431 Petition for appointment of guardian of a minor under the age of fourteen 835 433 CONTENTS. xxvu KO. O? KORU. FAGH VeriHcation of petition 836 433 Consent to be annexed , 837 488 Petition by gaaidian for allowance out of ward's estate 838 433 CHAPTER XLn. HABITUAL DRUNKARDS. Complaint and petition of wife, etc., for notice forbidding sale of liquor 889 434 Notice to dealer, forbidding sale 840 435 Designation of drunkard, and notice to dealer by overseers of tie poor 841 435 Notice to overseer by justice 842 435 Execution against drunkard 843 435 Execution against overseers 844 436 Revocation by overseers 845 436 CHAPTEE XLin. HIGHWAYS. iPPOnSTMEKT op OFFICERS AND ASSESSMENT OF LABOB, ETC. Bond of commissioners 846 488 Approval , 847 439 Appointment of commissioner to fill vacancy 848 439 Order dividing town into road districts 849 439 Appointment of overseer to fill vacancy 850 440 List of persons to be assessed 851 440 List of non-residents' lands 853 440 Assessment of highway labor 853 441 Additional assessment by overseer 854 442 Appeal by non-resident 855 443 Notice to commissioners, of the appeal 856 443 Notice of non-residents' lands assessed 857 442 Complaint for refusal to work 858 448 For not furnishing team 859 443 Summons upon foregoing complaints 860 444 Return of constable 861 444 Conviction 863 444 Warrant for collection of fine 863 444 List of non-residents' lauds and unpaid assessments 864 445 Affidavit thereto 865 445 Annual account of overseer 866 445 Affidavit thereto 867 446 Annual account of commissioners 868 446 Notice of application for additional appropriation 869 447 Complaint of overseer's neglect of duty 870 447 Security for costs of prosecuting 871 447 Assessment of additional persons 873 448 Appeal from assessment 873 448 Pkocbedings to lay out, alter or discontdtde roads. Application to lay out new highway, with consent of land , owner 874 448 Order thereon 875 448 Application to alter highway, with consent 876 449 Order thereon 877 449 Application to lay out new highway, without consent 878 449 xxvui • CONTENTS. OF FORM. FAGE Order thereon 879 449 AflSdavit of posting 880 450 Oaths of freeholders 881 450 Certificate of necessity. 882 450 Notice to occupant of land 883 450 Order laying out the road 884 451 Order refusing to lay out the road 885 451 Agreement as to damages 886 451 Release of damages 887 453 Application for assessment of damages 888 453 Order appointing commissioners to assess 889 453 Notice of appointment 890 453 Oath of commissioners 891 453 Oath of witnesses 893 453 Assessment of damages 893 453 Notice of reassessment 894 453 Certificate of drawing of jury 895 454 Summons to jurors 896 454 Verdict 897 454 Certificate thereto 898 455 Order descrihing an old highway 899 455 Determination of controversy between two towns 900 455 Order laying out highway on line between two towns 901 455 Application to discontinue road 903 456 Oath of freeholders 903 456 Certificate of propriety of discontinuing 904 456 Orders thereon 905-6 456-7 Appeal therefrom 907 457 Appointment of referees 908 457 Notice of hearing 909 457 Decision of appeal 910 458 Notice to remove fences 911 458 in. Encroachments. Order to remove fences, etc 913 458 Notice for same 913 459 Denial of encroachment 914 459 Precept to summon jury 915 459 Notice of healing 916 459 CHAPTBE XLIV. HOMESTEADS. I. Entry or public lands for homesteads. Application to secure a homestead 917 461 The same ; hy absent soldier or sailor 918 461 Certificate of register 919 463 Affidavit of applicant for homestead 920 463 'II. Exemption from execution for debt. Notice of design to hold homestead exempt 931 463 Acknowledgment of the foregoing 922 463 Clause in a deed securing exemption 933 463 Waiver of exemption 924 463 Oath of jurors summoned to appraise homestead 935 463 Finding of the jury, setting off part of the land 926 464 The same ; where the property cannot be divided ; . . . 937 464 Notice of the foregoing to the debtor ., 938 464 CONTENTS. XXIX CHAPTEE XLV. HUSBAND AND WIFE. m. or FORM. FAGB Articles of separation 929 465 CHAPTEE XLYI. IMPRISONED DEBTORS. I. Proceedikgs by ckeditobs to compel assignments by DBBTOKS IMPRISONED IN CrVIL CASES. Petition by a creditor 980 467 Affidavit to be annexed 931 467 Order for creditors to appear 933 467 Notice to be annexed '. 933 468 Affidavit by creditor wlio unites in the petition 934 468 Order that an assignment be made 935 468 II. VOI/TTNTABT ASSIGNMENTS BY DKBTOES IMPEISONED IN CIVIL CASES. Petition by a debtor 936 469 Affidavit to be indorsed 937 469 Order to bring the prisoner into court 938 469 Order that assignment be made 939 470 Assnignment 940 470 Discharge 941 470 in. Debtors confinbd for crimes. Affidavit on applying for appointment of trustees of estate . 943 471 Appointment of trustees 943 471 Application of a person committed for non-payment of a fine. 944 471 CHAPTEE XLYH. INCOME TAX. Betum of income 945 473 CHAPTEE XLYIII. INSANE PERSONS. I. Inquisition and appointment of committee. Petition for a commission of inquiry 946 476 Order that a commission issue 947 477 Commission of inquiry as to lunacy, idiocy or habitual drunkenness 948 477 Precept requiring the sheriff to summon a jury 949 478 Notice to lunatic, idiot or drunkard of executing commission. 950 478 Warrant to produce the alleged insane person 951 479 Subpoena to testify before commissioners 953 479 Inquisition of lunacy, idiocy or habitual drunkenness 953 479 Return of the commission to be indorsed thereon 954 480 Order confirming the inquisition, and appointing committee. 955 480 Bond of committee 956 480 Approval of bond by the judge 957 481 Commission to the committee of an insane person 958 481 II. Custody of indigbnt lunatics. Information of lunatic before justices of the peace 959 483 XXX CONTENTS. OF FORM. PAni! Warrant to confine a lunatic 960 483 Warrant to bring lunatic before magistrate 961 483 Order sending lunatic to the asylum 963 483 Petition to county judge for examination 963 483 Affidavit of physicians 964 483 Subpoena to examine in regard to lunacy 965 488 Certificate of county judge 966 484 CHAPTEE LXIX. INSOLVENCY. Petition for discharge 967 485 Affidavit to the insolvent's residence 968 486 Affidavit of a petitioning creditor 969 486 The same ; by a copartner 970 486 Affidavit of residence of the creditors 971 487 Schedule of insolvent's debts 973 487 Inventory of assets 978 487 Affidavit of the insolvent to his proceedings 974 488 Order requiring creditors to shovr cause 975 488 Notice for publication 976 489 Affidavit of publication 977 489 Notice for service on creditors 978 489 Affidavit of service 979 490 Order directing assignment to be made 980 490 Assignment by insolvent 981 490 Certificate that it has been made 983 491 Discharge 983 491 Oath of assignee 984 492 Notice to creditors, etc 985 493 Petition after action commenced, or pending proceedings 986 493 CHAPTER L. INSUEANOE. Immediate notice of loss 987 494 Preliminary proofs 988 495 Certificate of magistrate 989 496 Schedule of property, and appraisal 990 497 CHAPTEE LI. INTEREST. Table, shovring interest per- month or year 991 498 Table, showing int^erest per day 993 493 CHAPTEE LH. JUSTICES OF THE PEACE. Certificate of election 993 499 Supervisor's notice of drawing 994 499 Certificate of the drawing 995 499 CONTENTS. XXXI CHAPTER LIII. LANDLORD AND TENAiJT. L Notices. or foru. pagb Notice to terminate a lease 996 501 Notice to quit, by landlord, to tenant from year to year. . . 997 501 Notice to quit, by tenant from year to year, to landlord. . . 998, 501 Notice to tenant to quit in one montli (under the statute) . 999 503 Notice to quit in fifteen days (wbere lease reserves right of re-entry) 1000 603 H. PROCBBDrNGS TO DISPOSSESS. Affidavit by landlord to obtain possession of deserted premises 1001 503 Notice to tenant who has deserted premises 1003 503 Notice to deliver possession on default in rent 1003 503 Affidavit to remove a tenant at will 1004 503 Affidavit of holding over after expiration of term 1005 503 Affidavit to remove tenant for non-payment of rent 1006 504 Summons to tenant to show cause 1007 504 Affidavit of service 1008 504 Warrant to dispossess after expiration of lease 1009 505 Warrant to dispossess tenant at wUl or at sufferance, after notice 1010 505 Warrant to dispossess, on default in rent 1011 506 Return of officer ". 1013 506 Affidavit of denial by tenant 1013 506 Precept to summon a jury 1014 506 Warrant to dispossess, after verdict against the tenant . . . 1015 507 m. FOECrBLE ENTRY A2JD DETADTEK. Complaint 1016 507 Affidavit 1017 607 CHAPTER LIV. LEASES. Landlord's certificate of renting 1018 509 Tenant's certificate of hiring '. 1019 510 Security for rent 1020 510 Landlord's certificate, tenant not to underlet nor occupy for business 1031 510 Tenant's certificate in same case 1022 511 Provision that tenant may surrender if premises become un- tenantable 1033 51 1 Provision as to repairs 1034 511 Provision for forfeiture and damages 1035 513 Tenant's certificate pledging his chattels on the premises as security 1026 513 Security for rent and performance of covenants 1037 513 Short form of lease 1028 513 The same ; with provisions as to occupancy, subletting and fire . . 1029 513 jinother form ; with provision for re-entry and reletting, tenant to pay water-tax and fire-risk, and have privilege of renewal .... 1030 514 Indenture of lease 1031 615 Landlord's certificate of letting farm with stock and tools, with tenant's certificate of same 1033 617 Lease of mill ; with proviso siisperding rent on its ceasing to run. 1033 517 Lease of a manufactory, etc., for making cements 1034 518 Lease, by tenants in common, of wharf, machinery, ?tc., with covenants for repairs, and proviso for determining the term, on notice 1036 620 xxxn CONTENTS. so. OF FORM. PACa Mining lease 1036 523 Covenant not to assign, etc 1037 523 Covenant to renew 1038 522 Covenant to buy fixtures at a valuation » 1039 523 The same ; another form 1040 533 Stipulation for renewal by indorsement 1041 533 Proviso as to re-entry, ivith waiver of notice 1043 534 Lease for lives at a nominal rent 1043 534 Under lease 1044 535 Ground lease, twenty-one years, with covenants to build, and for renewals 1045 535 Renewal lease 1046 529 Lease by a municipal corporation for a fair, lessees to build 1047 530 Covenants in a farm lease on shares 1048 531 Surrender of a lease indorsed thereon 1049 531 CHAPTEE LV. LEGISLATION. Notice of application to legislature 1050 533 Petition for enactment of a law 1051 538 Kemonstrance against a pending bill 1053 533 CHAPTEE LYI. LETTERS OF CREDIT. General letter of guaranty 1053 534 General letter of credit and guaranty 1054 534 Specialletter 1055 534 CHAPTEE LVII. LICENSES. CHAPTEE LVIII. MANUFACTURING COMPANIES. Certificate of incorporation for business within the State 1056 536 The same ; for business to be carried on wholly or partly without the State.. . . ^ 1057 536 Acknowledgment 1058 536 CHAPTER LIX. MARRIAGE AND MARRIAGE SETTLEMENTS. Marriage license 1059 538 Short form of solemnization by magistrates 1060 538 Marriage certificate 1061 538 Ante-nuptial settlement 1062 580 CHAPTEE LX. MECHANICS' LIEN. Notice of lien 1063 541 Verification 1064 541 CONTENTS. XXXiU CHAPTEE LXI. MINING- AND OIL COMPANIES. «„. or rORU. TAom Certificate of association ' if mining corporation 1065 542 Acknowledgment of the same 1066 643 Certificate of attorney-general 1067 541! Certificate of association of an oil company 1068 543 Certificate of business and of capital paid in 1069 544 CHAPTEE LXII. MORTGAGES. Short form 1070 547 Another form to secure note 1071 547 Mortgage, with interest and insurance clause 1073 547 Mortgage on lease 1073 549 Mortgage on building lease to secure advances 1074 551 Mortgage to secure purchase-money 1075 554 Mortgage to secure indorser 1076 554 Mortgage to secure an unliquidated demand 1077 554 Mortgage in exercise of a power of appointment 1078 555 Stipulation in a mortgage to trustees, that it shall be purely collateral 1079 555 Stipulation as to paying off in advance 1080 556 CHAPTEE LXIII. NATURALIZATION. Declaration of intention, 1081 557 Certificate by clerk 1082 558 Oath of appheant for naturalization 1083 558 Proof of residence and good behavior 1084 558 Certificate of citizenship ■ 1085 559 Affidavit of resident alien to enable him to hold real property. . . 1086 559 CHAPTEE LXIV. NOTARIES. CHAPTEE LXV. NOTICES. CHAPTEE LXVI. OATHS. Oath taken upon the Evangelists 1087 561 Oath taken by uplifting the l&nd 1088 561 Affirmation , 1089 561 Oath or affirmation of witness 1090 561 Another form 1091 562 Oath of a town officer 1093 562 Oath of allegiance required from practitioners in the United States courts 1093 563 H xxxiv CONTENTS. CHAPTEE LXVII. PAETNEESHIP. vo. L QENEKAL PARTNEESHIP. O' ">hk. PIOE Articles of copartnership in commercial business 1094 565 Articles of copartnership in hotel business 1095 567 Articles of copartnership bf,tween lawyers 1096 567 The same ; where one intends to retire in favor of the other. 1097 568 Articles of voluntary association, for carrying on a news- - paper 1098 569 Limit of amount to be drawn out by partners 1099 571 Anotherform 1100 571 Provision for increase of capital 1101 571 Provision as to departments of service 1103 573 Eestriction on the power of majority 1103 573 Provision as to liquidation by sale at auction 1104 573 Stipulation to refer disputes to arbitration 1105 573 Provision for offer to buy or sell 1106 573 Provision for dissolution on notice 1107 573 Provision that a retiring partner shall not carry on trade or disclose secrets 1108 573 Agreement to continue the partnership ; indorsed on the articles 1109 573 Notice to determine a partnership 1110 574 Memorandum of dissolution indorsed on the articles 1111 574 Advertisement of dissolution ^ 1113 574 Advertisement of a partner's retiring 1113 574 11. LntlTBD OB SPECIAL PAETNEKBHIPS. Certificate of formation of limited partnership 1114 575 Affidavit of payment of capital 1 115 575 Designation of newspapers for publication.. 1116 575 Affidavit of publication, by printer of newspaper 1117 575 Certificate of continued use of firm-name 1118 576 CHAPTEE LXVIII. PATENTS. Petition for a patent for an invention 1119 578 General form of specification for a new machine 1120 579 General form of specification for an Improvement upon an existing machine. . . .: 1131 581 Example of a specification for an improvement in the steam-engine. 1133 581 Oath by a citizen 1133 582 Oath by an alien who has taken steps to become naturalized .... 1134 582 Petition for a patent for a design 1135 583 Specification for a design 1136 583 Oath by a citizen 1127 584 Oath by an alien who has taken steps to become a citizen 1138 584 Amendments to specification 1139 584 Appeal to examiners in chief from decision rejecting application. 1130 585 Surrender of a patent for reissue a 1131 585 Oath to application for a reissue 1133 586 Disclaimer by an assignee 1133 586 Caveat ; 1134 587 Deposition to be used in contested cases in the Patent Office 1135 588 Certificate to be annexed by magistrate 1136 589 Superscription to be written on the envelope containing the deposition 1187 590 UUJNTJiJNriS. XXXT CHAPTEE LXIX. PENSIONS. ^0. I. Army i"ENSIONS. <"■ ™rm. pagb Ijivalid's application for pension 1138 693 Widow's application 1189 594 Guardian's application on behalf of minor children 1140 595 Mother's application 1141 595 Guardian's application on behalf of orphan sisters 1142 596 n. IJavy pensions and pkizb-monkt. Invalid's application for pension 1143 597 Widow's application 1144 597 Guardian's application on behalf of minor children 1145 597 Mother's application 1146 598 Guardian's application on behalf of orphan sisters 1147 598 Applic«,tion for prize-money 1148 598 CHAPTEE LXX. PETITIONS. Petition to C!ongress 1149 600 To the governor of a State 1150 600 To a court 1151 600 To a judge of a court 1152 600 CHAPTER LXXI. POOR LAWS. Application to compel a person to support a poor relative 1153 601 Notice to the relative, of application 1154 602 Warrant to seize the goods of an absconding father, husband or mother 1155 602 Return of overseer 1156 602 Order by the sessions 1157 602 Notice from one town requiring overseers of another to support pauper 1158 603 Notice contesting alleged settlement 1159 603 Decision by the superintendents as to the settlement of a pauper. 1160 603 Notice that pauper will be supported at the expense of a town. . 1161 604 Justice's order for temporary relief of a pauper 1162 604 CHAPTEE LXXII. POWERS OF ATTORNEY. Short form 1163 606 General form, with power of substitution and revocation 1164 606 Power to collect debts 1165 607 Power to coUect rents 1166 607 Power to receive dividends, etc 1167 607 Power to receive a legacy 1168 607 Power to transfer stock 1169 608 Power to sell vessel 1170 608 Power to manage real property 1171 608 Power to seU and convey land 1172 608 Power to mortgage land 1173 609 Power to renew lease and sell the term 1174 609 Power to make partition 1175 COG s-xxm CONTENTS. wo. OF FORK. Power to effect insurance 1176 610 Power to carry on business 1177 610 Anotlierform 1178 610 The same; a fuller form 1179 611 Power to collect army or navy claim 1180 613 General custom-bouse power 1181 6iy Special custom-bouse power 1183 613 Confirmation of attorney's act 1 1183 614 Power to several to act together, or eitber one separately 1184 614 Power to several jointly 1185 614 A power of attorney to two with provision for death, absence or refusal 1186 614 Substitution of attorney 1187 615 Kevocation of power of attorney 1188 615 CHAPTEE LXXIII. PRE-EMPTION. Declaratory statement for cases where, at the date of the law, the land claimed was subject to private entry 1189 618 The same ; where the land was rendered subject to private entry since the date of the law 1190 618 Affidavit required of pre-emption claimant 1191 619 CHAPTEE LXXIV. .PEIVATE WAYS. Application for a private road 1192 630 Notice to be given by the commissioners to the owner of land.. . 1193 620 Certificate of necessity 1194 630 Order by the commissioners laying out a road through improved land : 1195 620 CHAPTEE LXXV. PROMISSORY NOTES. Negotiable promissory note 1196 621 Non-negotiable note 1197 623 Stock note 1198 623 CHAPTEE LXXVI. PROTESTS. L PEOTESTS op BIMiS AND NOTES. Certificate of protest 1199 633 Certificate of service of notice 1800 623 Certificate of protest ; when the maker, etc., cannot be found. 1201 624 Notice of protest of note 1303 634 Notice of protest of bill for non-acceptance 1303 634 Notice of protest for non-payment 1304 634 II, Marine protests. Notation of protest. 1305 625 Protest extended before the same notary ... 1306 635 Protest extended before another notary 1307 620 CONTENTS. xxxvii CHAPTEE LXXVII. KECEIPTS. I QENKRAIj receipts. or roRii. pjini, General receipt for money 1308 628 For chattels 1309 628 For papers 1310 628 Receipt for money paid by a third person 1211 630 Receipt for money on behalf of a third person 1313 63it Form for indorsing a receipt on a written instrument 1313 029 XL RECErPTS POIl PARTICULAR OBJECTS. Receipt on account generally 1314 639 Receipt for a quarter's rent 1215 039 For interest on a bond ; : 1316 039 For part of the principal of a bond. . . . : 1217 029 For payment for professiixnal services .'. 1318 629 For mone^ to be paid ovet 1319 630 For money to be disbursed 1230 630 For money to be repaid 1221 630 For papers to be safely kept and restored 1223 630 ni. Receipts in puli,. In full of a particular demand 1323 630 In full of all demands 1334 631 CHAPTER LXXYHI. RECOGNIZANCES. Short memorandum of recognizance 1335 631 Formal recognizance , 1336 631 CHAPTEE LXXIX. RELEASES. General release of aU demands ■. 1327 633 Mutual general release 1338 633 General release sometimes required by an award 1329 633 Special release 1330 634 Release by a ward on coming of age, to his guardian 1331 634 Release by one partner 1333 634 Release of one of several partners or joint debtors 1333 635 Release of lands from the lien of a judgment 1334 635 Release of lands from a legacy charged thereupon by will 1335 635 CHAPTEE LXXX. RELIGIOUS CORPORATIONS. Certificate of incorporation of religious society 1336 636 The same ; in the case of a Protestant Episcopal Church 1337 637 Certificate of election 1338 6:J8 Triennial- report of a religious corporation 1239 6o8 Petition of trustees for leave to sell or mortgage real property . . 1240 639 Order for leave to mortgage or sell , . 1341 639 CHAPTEE LXXXI. SATISFACTION-PIECES. Satisfaction of judgment 1343 640 Satistaction of justice's judgment 1343 640 Satisfaction of mortgage 1344 640 Satisfaction of mechanics' I'en 1 845 641 OF FORM. PJGB XXXVm CONTENTS. CHAPTER LXXXII. SCHOOLS. Order altering school districts 1346 643 Order erecting a new district 1347 643 Consent of trustees indorsed on order 1348 643 Notice of first meeting in a new school district 1349 648 Ordinary notice of diltrict school meeting 1350 643 Tax list for collection of moneys raised for bmlding a school-house. 1351 643 Warrant to be attached to tax list 1353 643 Kate bills for sums to be paid for instruction or for fuel 1353 643 Kenewal of warrant 1354 643 Collector's notice to pay taxes 1355 644 Return of the collector 1356 644 Notice of levy and sale by the collector 1357 644 CHAPTEE LXXXin. SEALS. CHAPTER LXXXIV. SEAECHES. Search for deeds, etc 1358 645 County clerk's search 12.59 646 Search for judgment in United States courts 1360 646 Loan commission search 1261 647 Tax search .' 1363 647 CHAPTER LXXXY. SERVICE (AND PROOF OF). Sheriffs certificate of service 1263 647 Affidavit of personal service 1264 648 CHAPTER LXXXVI. SHIPPING ARTICLES. General form 1265 649 CHAPTER LXXXVII. STAMPS. Stamp duties 1366 6.52 CHAPTER LXXXVIII. SUBSCRIPTION PAPERS. Subscription for a building 1267 660 Subscription to the support of a clergyman 1268 660 Subscription to enrtjw a college 1369 661 CONTENTS. xxxix CHAPTEE LXXXIX. SUPER VISOKS. NO. or FOllM. I'AOK Appointment to fill vacancy 1?70 GG3 Certificate to correctness of accounts 1271 6ti.'3 . CHAPTER XC. TAXES. Notice of completion of assessment 1373 603 AflBdavit to reduce tax on real estate 1273 COS AflBdavit to reduce tax on personal estate 1374 063 Oath of tlie assessors to the assessment roll 1275 003 Notice by supervisor to collector, of ihe amount of taxes 1370 004 Bond of collector . . . , 1377 004 Approval by supervisor 1378 064 Warrant for collection of taxes 1279 064 Collector's notice 1280 005 CHAPTER XCI. TOWNS. Call for a special town meeting 1281 606 Notice of intention to propose resolution to build new town-house 1282 066 Notice to supervisors, of resolution to raise money for new town- house 1283 007 Resolution of the board of supervisors 1384 667 Division of a town into election districts, or alteration of tte districts 1385 667 Notice of supervisor or clerk calling meeting to fill vacancy 1286 667 Appointment of an inspector of elections to fill a vacancy 1387 607 Notice of acceptance of resignation of a town officer 1288 008 Affidavit to be attached to an account presented for audit 1289 008 Certificate of town auditors 1390 608 Abstract of claims presented to the town auditors for attdit 1291 668 CHAPTER XCn. TRUSTS. Declaration of trust in personal property 1392 070 Declaration of trust in lands 1393 670 CHAPTER XCIII. TURNPIKE COMPANIES. Articles of association 1294 671 Notice that the books are open for subscription 1395 673 Affidavit of directors as to subscription 1296 673 Application to supervisors to lay out road 1297 672 Notice of application to supervisors 1298 673 Consent of land owners to use of highway 1299 673 Releaseofrightofwaj, by supervisorandliighway commissioners. 1300 67a CHAPTER XCIV. WARRANTS. xl , CONTENTS. CHAPTEE XCV. "WILLS. HO. I Wills aud special ciatisbs. o^ ro""- r*"" Shortform 1301 676 A will loequeatMng legacies, and appointing residuary legatee . 1302 676 A will of real and personal estate '. 1303 677 Pecuniary legacy 1304 678 Legacy of furniture 1305 678 Legacy of dress and ornaments to wife 1306 678 Legacy of furniture, etc., to wife, during life or widowhood. 1307 678 Legacy of furniture to be divided amougst children 1308 678 Legacy of a debt 1309 678 Legacy of a share under another person's will 1310 679 Bequest of jewels, etc., to wife, and of estate in household effects for life or widowhood •. 1311 679 Bequest of the good-will of a business 1313 679 Legacies to children with directions for investment 1313 679 Legacy to an infant to be paid to his father 1314 680 Legacies to executors 1315 680 Pecuniary legacy to a married woman 1316 680 Bequest in trust for unincorporated society 1317 680 Bequest to a corporation 1318 680 Bequest on condition 1319 681 Direction that legacies shall be paid, free from duty 1320 681 Direction that legacies be paid in full, in priority to others. 1321 681 Declaration that legacies shall not be in satisfaction of debts. 1322 681 Provision that iflegatee dies the legacy goes to his executors. 1323 681 Declaration that advancements be deducted from shares of estate 1324 681 Declaration that advancement shall not be in satisfaction of portions 1325 682 Authority to executors to defer calling in a debt 1326 682 Bequest of an annuity to be purchased 1327 682 Direction as to payment of annuities 1328 682 Bequest of fund with power of appointment 1329 682 Devise to son on his attaining twenty-one, with power to trustees to apply rents and profits during minority 1330 683 Devise to executors in trust, with power to sell, etc. 1331 684 Power to arrange and compromise 1332 684 Directions as to winding up testator's partnership business. 1333 684 Clause concerning disputes 1334 685 A clause releasing debts due 1335 685 Appointment of executors 1336 685 Attestation clause describing execution 1337 686 Attestation according to the laws of England 1338 686 II. Codicils. Codicil adding a new provision 1339 686 Codicil appointing a trustee and executor in the place of a deceased trustee and executor appointed by the testator's will 1340 686 Codicil revoking the appointment of one of trustees and executors, and appointing a new one in his place 1341 687 Codicil appointing an additional trustee and executor 1343 687 III. Instructions for execution according to the laws of THE VARIOUS STATES, AlPHABETICALLT AHRANSED. ABBOTTS' FORMS. CLERK'S AND CONVEYANCER'S ASSISTANT. CHAPTBE I. ABANDONMENT. In cases of Marine Insurance, after a constructive, total loss, the insured may relinquish to the insurers his interest in the thing insured, so as to enable him to claim for a total loss. This act is termed Abandonment. It is made by giv- ing notice thereof, either orally or in writing, (a) If in writing, no particular form is required ;(6) but it must be explicit, and should specify the particular cause of the abandonment, (c) It cannot be either partial or conditional, (d) The notice must be given within a reasonable time after information of the loss. («) Once given, it is irrevocable, {/) unless the insurers refuse to accept it or consent to a revocation ; {g) but it may become of no effect, if the information of loss proves unfounded. (A) 1. Short Form 1 2. Abandonment of vessel and cargo, with assignment, power of attorney, and cove- nant for further assurance 2 1. Short Form, (i) [Address.] [Date.] Understanding that the bark ¥., on her voyage from M. to N., has been compelled to seek the port of O. in distress, where she arrived, we hear, with several feet of water in her hold, (J) and the cargo was landed and (a) 2 Pars. Mar. Z., 896; 2 Levi Com. L., (/) 2 Pars. Mar. L., 412 ; 2 Levi. Com. 159. Bat if given by parol, it is the more i., 166. important that it should be express, so tliat (p') Radoliff». Costor, Boffm.., 98. there shall be no doubt of the intent. Par- (A) Dickeyj). Am.Ins. Co., 3]r«m(i., 658. meter v. Todhunter, 1 Gamp., 541. (i) This form is according to McCono- {b) Comegys v. Vasse, 1 Pet. U. S., 193. due v. Sun Mut. Ins. Co., 26 N. Y., 477. (<;) Suydam v. Marine Ins. Co., 1 Johns., (j) The particular cause of loss must be 581. stated, and tho abandonment cannot be (d) lb. ; Arn. on Ins., lliS. sustained upon a cause not stated. . Suy- («) Smith V. Steinbach, 2 Cai. Cat., 158. dam v. Marine Ina. Co., 1 Johns., ISl. 1 ABBOTTS' FORMS. Abaudonment. found very serionsly damaged to more than one half the value, (F) we there- fore hereby abandon to you two hundred and eighty hogsheads of sugar, valued at $85 per hhd., insured by you under our open poHoy, 'No. 29,179, for $23,800, and shall claim for a total loss. (Q Yours, &o., [Signature.] 2. Abandonment of Vessel and Cargo, with Power of Attorney and Cove- nant for Further Assurance. To ALL, to whom these presents may come, greeting; , Wheesas, we, A. B. and 0. D., of the city of , in the State of , caused to be insured by the Insurance Company, [here state the insurance — e. g., thus :] lost or not lost, the sum of dollars, to wit: the sum of dollars on the ship M. N. and appurtenances, and' the sum of dollars on her cargo, from to one or more ■ports in , and at and from either of them to , or her first port of discharge in the United States, as by a policy, numbered -will more fully appear ; and whereas, the said ship, whilst she was sailing on her voyage from to , on or about the day of , last past, [here state cause of loss — e, g., thus ;] was overtaken by fl violent storm and gale of wind, by which the vessel was foundered and sunk with her said cargo, and thereby was, and ever since has been, and now is totally lost to us, the aforesaid A. B. and 0. D. Kow, THEEBFOEE, kuow ye, that we, the aforesaid A. B. and 0. D., do hereby abandon to the said Insurance Company such proportion of the said ship and cargo, and of oar interest therein, as the said sum of dollars by them insured bears to the whole vessel and cargo. And we do hereby constitute and appoint Gr. H., Esq., president of the sgid Insurance Company, our true and lawful attorney in our names, but for the use of the said company, and at their costs and charges, to claim, sue for, recover, and receive such proportion of the said vessel and cargo as is hereinbefore by us abandoned. And we, the said A. B. and C. D., do hereby for ourselves, our executors and administrators, covenant ;ind agree, to and with the said company, that we, our executors and administrators, shall and will, at all times hereafter, jit the request, and at the costs and charges of the said Insurance Company, make, seal, execute, acknowledge, and deliver all and every such further and other conveyances and assurances for the better conveying and assuring to the said company the proportion of the said vessel and cargo (i) It is now held e&oential that the (0 Further instruments of assignment, notice of abandonment should indicate ^''"'^ ^ ""^^ referred to in the sucoeedinj; .,..,, . . ., form, are not essential. An abandonment, that the loss amounts to more than one- . , ., , , , , . , ' , ,„ , , „ „ ,. ^ rightly made and accepted, transfers the hall the value. MoConoclue „. Sun interest of the insured. The law gives to Mutual Ins. Co., 26 iV. T., ill ; rtvers- it all the effect which the most accurately ing, 3 Bosw., 99. drawn assignment would aocomplisli. Comegys v. Vasse, 1 Fet. JJ. S., 193. ABSTRACTS OF TITLE. Instructions for Drawing Abstracts of Title. hereinbofore by us abandoned, and all and every snch farther and other letter or letters of attorney for enabling the said company, at their own charges, to ask, demand, sue for and recover the said proportion of the said vessel and cargo, as to them, the said company, shall seem reasonably necessary. lu TESTiMOST WHEEBOF, we have hereunto set our hands and seals, this day of , A. D., one thousand eight hundred and A. B. [Seal] 0. D. [Seal] CHAPTEE 11. ABSTRACTS OF TITLE. As abstract of title is a document presenting in a connected form the sub- Etance of the various instrtmieuts afFecting the ovifnersHp of real property. It is the appropriate means of laying before one who contemplates buying the property in question, the history of the title which the seller proposes to convey.(a) (o) In England, abstracts have an im- portance in conveyancing, "which, in the United States, they have never ye^t ac- quired. There are well-settled rules gov- erning the duties of parties to real prop- erty transactions, relative to the prepara- tion and verification, of the abstracts ; and the art of preparing these documents is far advanced, and has been the subject of several distinct works. It appears there to be considered as implied in ordinary contracts for the sale of real property, that the seller will, before the time fixed for the completion of the contract, fur- nish to the buyer evidence of the suffi- ciency of the title he proposes to convey. See Gardner's (William) Directions for Drawing Abstracts of Title : Load., ISiO. Harper's (S.) Practical Hints: Lond., 1829. Lee's (J. Y.) Treatise on the Evi- dence of Abstracts of Title to Eeal Prop- erty : Lond., 1843. Moore's (Henry) In- structions for Preparing Abstracts of Titles: Lond., 2d ed., republished in Pliiladelphia Law Library, 1853. Pres- ton's (Richard) Essay on Abstracts of Title, 2d ed. ; Lond., 1824; New York, 1828, 8 small vols., 8vo. He must cause an abstract to be pre- pared and furnished to the buyer, giving him an opportunity to verify it by com- parison with any original deeds in the seller's possession or otherwise, as cir- cumstances may admit; and until this is done, the buyer is not bound to accept a deed, or pay purchase-money. Upon the buyer, however, devolves the labor or expense of verifying the statement fur- nished ; of ascertaining that it correctly states the original deeds, etc., and deter- minhig that the title proffered is ono which he is satisfied to accept. In the United States, many circum- stances — such as the comparative youth- fulness, so to speak, of our land titles, the very general extension and com- pleteness of systems of recording deeds, the moderate values of landed property, and the characteristic inclination of our people for sales and exchanges, have pre- vented any such necessity for these ab- stracts as has arisen in English practice. We know of no American works on the subject until the appearance of Curwen'a (Maskell E.) Manual upon the Searching of Records and the Preparation of Ab- stracts of Title to Eeal Property. Cincin- nati: Clarke & Co., 1865. Thisisasniall ABBOTTS' FOEMS. Abstracts of Title. J}im,6 of Commencing. — When an abstract is to be prepared, a preliminary question is, at what date tlie search shall commence. Upon theory, the chain of conveyances should be traced bacli to some date anterior to the time from which adverse possession is, by force of the Statute of Limitations, equivalent to a perfect title. But in applying this rule, a large allowance is evidently necessary for the exceptions which the statute makes in favor of infants, luna- tics, married women, and other persons under a' disability to sue. In England, where the limits of the statute are fixed at forty years, the practice requires that titles should be traced back for sixty years ; and this rule may be con- sidered as desirable in the older States of oar Union, except so far as varia- tions in the time prescribed for adverse possession to quiet the title, may modify it. In the Western States generally, and wherever lands have been settled under grants from the Federal Government, an abstract is snfBcient which traces the title back to the patent granted by the United States. But it is very frequently the case that a client is satisfied to take the title of some owner for granted, knowing that it has been pronounced good in the courts, or bears an xmquestioned reputation, and instructs the conveyancer to commence his search at the conveyance by that owner. Where this is intended, the abstract should state in the caption the instruction given, in order that the 'conveyancer may appear to take no responsibility for the anterior period. Facts not Matter of Record. — There are many facts afiecting tMe to lands which are not necessarily evidenced by any documents or records subject to the conveyancer's inspection. Hence an abstract may be full — ^that is, may state every important portion of all instruments involved, and may exhibit a good title — and yet there may exist facts which create a defect. Marriage may have created an undisclosed right of dower ; alienage a liability to escheat ; or death have caused the land to descend ; yet nothing appear upon the record to indicate the fact. So it may be that the seller is kept out of possession by an adverse claimant ; in which case, in several of the States, he is disabled by statute from conveying.(6) And there are other similar cases. No absolute duty rests upon the conveyancer to elicit facts of this description. He should make such inquiry as the record suggests and the circumstances admit. When inquiry is made as to some fact of this description, it is usual and convenient to annex to the abstract the affidavit of the informant upon the matter in question. and ine.fpensive work, but is quite com- American law of conveyancing. The prehensive enough for the subject, ilt system, so universal in America, of relates more particularly to the. ooiiveyan- recording deeds, whereby public notice oing law of Penusylvania, Ohio, Ken- is given of almost all transfers of real tueky, Indiana, Illinois, Iowa, and Kan- property, has tended strongly to diminish sas, but much of its contents is of gen- the necessity for the use of abstracts, eral application, and it is well adapted to And we understand the American rule to be of service to oonveyancera throughout be, that where the memorandum of the the Union. contract of sale contains no provisions It has aided las much in the preparsition expressly requiring the seller to furniih of the chapter in the text. one, he is not bound to do so ; but the The volume is announced by Messrs; contract is satisfied on his part by the Clarke & Co., as the pioneer of a series tender of a competent deed, oa the con- of hand-books of practical liiw, which tract day, if the title of the seller is ac- they have in preparation. tually perfect. To relieve from payment In places where land values are rela- of the price, the buyer should show some tively important, or where titles have be- defect in the title, and not merely that come complicated, they are used ; but we the claim of conveyances was not made believe their use, is regulated rather by known to him. convenienoe and courtesy of parties than (b) See, in New York, 2 Bev. Stat., 691, by any distinct recognition of the Eng- § ; in Kentucky, 1 Slant., 278, 226 ; in lish rules above stated as a part of the Indiana, 1 ffav, & II., 261. ABSTRACTS OF TITLE. Abstrnota of Title. Order and Arrangement. — The object of the counsel in preparing an ab- stract is to present a statement of every fact, and an epitome of every deed, will, or other document or record, upon whicli the validity of the title depends ; which, while free from all unnecessary details, shall answer all reasonable in- quiries, and shall be sufficiently methodical and lucid in its order and arrange- ment, to enable a qualified person to form his opinion upon the chain of title as he proceeds from point to point in reading. It is obviously impossible to give forms which can be followed as guides, so much depends on the circum- stances of the individual case ; but the outline of an abstract presented below illustrates the method employed. .At the outset occurs a caption, which states the name of the person whose title is presented, and describes the property which is the subject of examina^ tion. It is convenient to accompany this description with a map or diagram of the lot, and of any surrounding landmarks referred to throughout the paper. Then follow the various deeds, wills, etc., through which the title is deduced ; and these, if the chain is sufficiently simple, are best arranged in chronologic order. Where, however, one portion of the property is derived from one source, and another portion from another, it is convenient to trace the title to one portion down to a point where both are found to belong to one owner, then to go back and trace the title of the residue down to the same point, and then, from that time, to trace the title of the whole, down to the date of inquiry. The various documents abstracted should be numbered in their order, to assist reference. At the end of the list of transfers, is placed such certificate as the counsel thinks it expedient to give, as to the completeness of the title. And to the whole are appended such official searches, and other paper proofs that the land is free from other encumbrances and liens, as the nature of the case requires. No. 3. General Form of Abstract of Title. Abstract of the Title of X. Y. Z. To premises fronting upon street, in the city of New York, and described as follows: Beginning at a point on the southerly side of Fifty- first street, distant one hundred and fifty feet east of the easterly side of the Third Avenue ; running thence east^ erly along Fifty-first street fifty feet; thence southerly and parallel with said avenue, one hundred feet and five inches to the centre line of the block ; thence westerly and paral- lel with Fifty-first street, fifty feet ; thence northerly and parallel with Third Avenue, one hundred feet five inches to the place of beginning. ' This parcel of land comprises two city lots, both of which were many years ago embraced in what is known as the Old Elm Farm, which was conveyed, some time prior to 1836, to Messrs. \. B and 0. D. I am in- structed to assume their title aa good at the date of the conveyance first mentioned below. The title to the two lots continues united until 1844, when they were separately conveyed, as appears by the deeds marked VII. and XI. respectively. ABBOTTS' FORMS. Abstracts of Title. By the deeds marked X. and XIII. they were suhsequently both vested in Q. E., from whom the title of Mr. X. Y. Z. is deduced. A. B., and 0. D., and E. D. his wife, to E. F. Deed dated 30th June, 1836. Ke- corded, 9th July, 1836, in Liber (■356 of Convs., p. 629. Oonsid., $7,600. Conveys all that piece or parcel of land, known as the Elm Farm, situated upon both sides of the Third Avenue, in the city of New York, and bounded on the east by the road called the Old Boston Post-road ; on the south, by lands formerly owned by H. K., deceased; on the west, by lands belonging to the corporation of the city of New York, usually called tho Common ; and on the north, in part by land owned by S. B., and in part by land owned by B. B , containing acres, more or less. Warranty against grantors and per.sons claiming under them. Deed didy acknowledged. Wife separately examined. It appears, by an affidavit of K. D., in the possession of J. L. M., attorney- at-law, a copy of which is annexed to this abstract, that A. B. was never married. n. E. F. with G. H. and K. L. Agreement for sale of premises, dated 5th June, 1839. Eecorded in Liber 371 of Convs., p. 153; Con- sid., $17,000. Agrees to convey same premises, employing same desoription. E. F. died 3d August, 1840, leaving nine children — viz., Mary Jane, wife of I. J., Eliza Ann, John, Henrietta, Caroline Matilda, Emily, William, Thomas, and Charlotte Amelia. I. J. was, on 7th March, 1841, appointed guardian of eight infant or minor children of E. F. On the 33d March, 1841, the Court of Chancery ordered the said minors, by their guardian, to convey the said premises to G. H. and K. L., pursuant to agreement. in. Eliza Ann, John, Henrietta, Caroline Matilda, Emily, William, Thomas, and Charlotte Amelia F., by I. J., their guardian, to G. H. and K. L. •Deed dated 14th July, 1841. Ee- ► corded, 29th July, 1841, in Liber 420 of Convs., p. 221. ABSTRACTS OF TITLE. Abstract of Deed. OfWill. Eeoites agreement of June 5, 1829 (No. II., above), death of E. F., ap- poiatinent of I. J. as guardian, and order of Court of Chancery above men- tioned, and in consideration of premises conveys eight undivided ninths of Elm Farm, by same description as in No. I. No covenants. IV. I. J., and Mary Jane his wife, to G. H. and K. L. Deed dated 26th July, 1841. Re- ■ corded, 29th July, 1841, in Liber 420 of Convs., p. 225. Conveys one undivided ninth of Elm Farm, by same description as in No. I. ; and with same recitals. No covenants. Messrs G. H. & K. L. caused to be prepared and filed in the Eegister':i office a map of this tract, according to a survey by Daniel Ewen, city Surveyor. It is in a tin case, and numbered 126. The premises in question are designated upon this map as lots 22 and 23. Will of K. L. Dated February 25, 1842. Proved October 20, 1842. Recorded in Liber 90 of Wills, p. 307. Devises all the real property of the testatoi', mentioning, among othei- lands, one undivided half interest in the lands known as the Old Elm Farm, and more lately surveyed and laid out in lots by Daniel Ewen, city surveyor, unto A. L. and B. K., his executors, in trust to sell the same, and with the proceeds to defray certain debts and legacies. It appears, by recitals in a codicil to this will, that Annette, wife of K. L., died a year or two previous to himself. G. H., and Mary his wife, and A. L and B. K., executors of E. L., to M. N. VL 1 Deed dated April 18, 1843. Re- corded, April 27, 1843, in Liber 447 of Convs., p. 265. Oonsid., $2,000. Conveys four lots, distinguished on a map made by Daniel Ewen, city surveyor, of four hundred lots, formerly composing Elm Farm, and owned •by G. H. and K. L., as numbers 20, 21, 22, and 23, bounded £(s follows: ABBOTTS' FOKMS. Abstract of Deed. Of Mortgage. Oommencing at a point on the southerly side of Fifty-first street, distant one hundred' feet east of the easterly side of the Third Avenue ; run- ning theuoe southerly along the rears of lots numbered 19, 18, 17, 16, and 15, on said map, one hundred feet five inches to the centre line of the block ; thence easterly and parallel with fifty-first street, one hundred feet; thence northerly and parallel with Third Avenue, one hundred feet and five inches to the southerly side of Fifty-first street ; thence westerly along the south- erly side of Fifty-first street, one hundred feet to the place of beginning. Covenants against grantors' acts. Wife separately examined. From this point, the titles to the two lots composing the premises in ques- tion were for a time held separately. I proceed first with the title to the westerlylot, number 22. VII. M. N., and E. J. N. his wife, | Deed dated June 9, 1844. Ee- to }■ corded June 10, 1844, in Liber 459 O. p. i of Oonvs., p. 26. Oonsid., $900. Conveys all that lot, piece, or parcel of land in the ward of the city of New York, distinguished on a map made by Daniel Ewen, city surveyor, of four hundred lots of land in the city of New York, owned by G. H. and K. L., as number 22, and bounded as foUows : On the north by the southerly side of Fifty-first street ; on the west, by the rears of lots numbered 19, 18, 17, 16, and 15, on the said map; on the south, by the centre line of the block ; and on the east, by lot numbered 23 on the map ; containing in breadth in front and rear twenty-five feet, and in length on last side one hundred feet five inches, he the same more or less. Full covenants. Wife separately examined. vm. 0. p. to Mortgage dated June 9, 1844. Re- corded June 10, 1844, in Liber 80 of Mortg's, p. 209. To secure $500 of the purchase-money in the last-mentioned deed. Mortgages the lot conveyed by the last-mentioned deed, employing same description. ABSTRACTS OF TITLES. Abstract of Proceedinga in Foreclosure. la Chancery, before the Vice-Ohanoellor. Afterwards, Supreme Court of the State of New York. IX. -1 M. K against 0. P. and Mary his wife, G. 0., T. (^Foreclosure. J. O., D. K., and the F. and J. Eailroad Company. 1845, Aug: 6. — ^BiU filed to foreclose mortgage last mentioned; Nov. 8, answer of defendant, G. C; Nov. 28, answer of 0. P. and wife; Deo. 29, replication filed. Notice of hearing for thu-d Monday of July, 1846, and proof of service on attorneys who have appeared. Order to close proofs, March 4, 1846, and proof of service. 1846, July 17. — ^Decree of sale to be made by one of the masters in Chancery. 1850, Nov. 11. — Judgment of general term Supreme Court affirming de- cree of sale, and directing sale to be made by A. F. N., as referee. 1850, March 26. — Order taking bill as confessed as against T. J. 0., D. E., and the F. and J. B. R. Co., made and filed as of 1st July, 1846. Eeport of sale contains sales map referring to the Ewen map already mentioned, on which the premises to be sold are designated as lot No. 22. X. A. F. K, Eeferee, | Deed dated 20th March, 1850. Ee- t» corded 25th May, 1850, in Liber 506 Q. E. of Oonvs., p. 21. Recites decree of 1846 and order of 1850, and conveys lot No. 22, as de- scribed in the conveyance marked VII., above. I now return to trace the title to the easterly lot No. 23, from the con- veyance to M. N., numbered VI., above. XI. M. N., and E. J. N. his wife, | Deed dated June 20, 1844. Ee- to y corded June 26, 1844, in Liber 459 S. T. of Convs., p. 275. Oonsid., $925. Conveys all that lot, piece, or parcel of land in the ward of the city of New York, distinguished on a map made by Daniel Ewen, city sur- veyor, of four hundred lots of land, in the city of New York, owned by G. 10 ABBOTTS' FORMS. Abstract of Deed. H. and K. L., as No. 23, and bounded as follows : On the north, by the southerly side of Fifty-first street; on the west, by lot numbered 22 on said map ; on the south, by the centre line of the block ; and on the east, by lot numbered 24 on said map, containing in breadth in front and rear twenty-five feet, and in lengthon each side one hundred feet five inches, be the same more or less. Full covenants. Wife separately examined. It appears that S. T. died intestate prior to Feb. 1, 1853, leaving his sons, James, Henry, and William, his heirs-at-law. I am reliably informed that neither of the sons was married at the date of the next-mentioned deed. xn. EUen T., widow of S. T., deceased, and James T., Henry T., and Wil- Deed dated Feb. 1, 1853. Ee- liam T., heirs-at-law of S. T. 1- corded April 29, 1858, in Liber 530 to TJ. V. of Oonvs., p. 451. Oonsid., $1. Eecites the deed of last above mentioned, numbered XL, and the death of S. T., leaving the parties of the first part, his widow and heirs-at-law, and conveys the same lot as is described in the deed numbered XL, above, together with the buildings thereon. Habendum in trust to sell and convey the same as soon as an advantageous price can be obtained, and invest the proceeds in dividend-paying stocks, for the benefit of Mrs. EUen T., for her life, with remainder to the three sons. Mrs. T. is made a party for the purpose of relinqnishing her right of dower. xm. U. V. I Deed dated August 16, 1854. Ee- to f- corded Sept. 1, 1854, in Liber 540 Q. B. of Oonvs., p. 807. Oonsid., $8,000. Eecites last-mentioned deed, and conveys same premises by same de- scription. Habendum in fee,' Covenants against grantors' acts only. A mortgage for $5,000, part of the purchase-money, recorded in Liber 169 of Mortgages, p. 200, has been discharged of record. From this point, both lots will be considered together. Q. E. appears to have been an alien ; but any right in these lots which would have arisen to the people of the State, by escheat, was released to his son, by the following act : Abstracts of titles. 11 Abstract of Statate. XIV. An Act to release tlie interest of the people of this State in certain lands in the city of New York, conveyed hy N. J. and U. V. to Q. E., and which escheated, on his death, to his son, James Henry R. Passed June 4, 1856, by a two- . thirds vote. Session Laws, ch. 210, p. 360. Enacts that all the right, title, interest, and estate of the people of this State, acquired by escheat, upon the death of Q. E., late of the city of New York, in and to the premises described in the heading to this abstract, are released to his son, James Henry E. I find no evidence of the alienage, marriage, or death of Q. E., except such inference as may be drawn from the above act. But assuming those facts to be true, it is evidently possible that his widow may be still living. Inasmuch as, by laws of 1845, oh. 115, the wife of an alien is declared entitled to dower, and as the releasing act above mentioned purports to convey only the interest of the people, I am of opinion that the wife of Q. R., if she survived him, was dowable in these lands. It cannot well be contended that the act of release above mentioned, though later in date, overrides the provisions of the act of 1845. I find no release or transfer of this right. James Henry E., wife. and Mary Julia his XV. 1 to V. W. Deed dated April 14, 1861. Ee- corded April, 1861, in Liber 610, Oonvs, p. 426. Consid., $12,000. Conveys the premises in question, with the buildings thereon, by the de eciiption employed at the head of this abstract. Habendum in fee-simple. Full covenants. "Wife separately examined. XVL V. w. to James Henry E., and Mary Julia his wife. Mortgage dated April 14, 1861. ■ Eecorded April 18, 1861, in Liber 360, Mortg's, p. 212. To secure $9,000 of the purchase-money mentioned in the conveyance last above spooififed. Mortgages the premises in question, and buildings 12 ABBOTTS' FOEMS. Acknowledgment (and Proof) of Deeds. thereon. Contains the usual interest and insurance clauses. Bond for pay- n^ient of principal in five years from date, with interest semi-annually. xvn. V. "W., and Jane his wife, to X.Y. Z. Deed dated June 20, 1865. Re- corded June 20, 1865, in Liber 680, Oonvs., p. 310. Consid., |5,000. Conveys the premises in qu'estion, with the buildings thereon, by the de- scription employed in thp heading to this abstract. Habendum in fee, but subject to the mortgage last above mentioned, which grantee assumes to pay. Covenants of seizure ; of power to convey ; for quiet possession ; against encumbrances, except said mortgage; for further assurance; and for warranty. From an examination of the transfers above mentioned, and the aflSdavit and searches annexed, I am of opinion that X. Y. Z. is seized of a good estate, in fee-simple, in the premises in question, subject only to a right of dower in Mrs. Q. E., if living, and to the mortgage abovfe mentioned, marked [Late.] [Signature of counsel.'] [Here may follow any affidavit or exhibit referred to in the abstract, and the official certificates of the register of deeds, comity clerk, and other proper officers, showing the premises free from encumbrances, except as disclosed in the abstract. For forms of requisitions for. these certificates, see chapter "Searches."] CHAPTBE in. ACKNOWLEDGMENT AND PEOOF OF DEEDS. A DEED is said to be acknowledged, when the person executing it comes before a public officer who is authorized for the purpose, and admits to him that it is a genuine instrument, and voluntarily made, and the officer certifies the fact in proper form upon the deed. A. deed is said to be proiied, when a witness comes before the officer and testifies to its genuineness, and the officer certifies thereto in the same way. These officers are usually justices of the peace, commissioners of deeds, notaries public, and judges of courts. The certificate of the officer is commonly designated the Acknowledgment, or the Proof. The inode and the effect of thus authenticating a deed of lands is governed by the law of the State or Territory where the lands lie, -not by that of the ACKNOWLEDGMENT OF DEEDS. 1^ General Principles, place where the parties may be when it is executed. For ohvious reasons of convenience, however, it has recently been enacted in the statutes of several of the States, that a deed of lands therein, executed without the State, but within the United States, may be execyted or acknowledged, or both, pur- suant to the law of the place of its execution, with like effect as if it were done according to the law of the place of the property. Where a deed is execijted and acknowledged without the State, in pursuance of such a statute, there must be entire conformity with the one law or the other, both as to the officer and as to the contents of the certificate. The laws of both States cannot be invoked to sustain an acknowledgment manifestly defective when tested by either, (as) General Principles. — The following remarks will illustrate the general principles of American law upon this topic. It will be observed that these principles are subject, however, to numerous local exceptions, which, so far as they relate to the form of proceeding, are noticed at the head of the forms given for each State. In general, the function of acknowledgment or proof is twofold — to entitle the deed to be recorded, and to entitle it to be read in evidence in, courts of justice, without further proof of its authenticity. The act is not essential to the bare validity of a deed, although it is almost indispensable to the security of a purchaser. But in Mahyland, New Mexico, North CAKOiiiNA, and Virginia., acknowledgment and record are necessary to pass the title, even as against the grantor ; and in Rhode Island deeds are void, except as between the parties and their heirs, unless acknowledged and recorded. (6) The deeds of married women are a common exception to the general rule. The laws of many of the States provide that a wife's deed is not valid unless, upon a private examination made separate from her husband, she acknowledges that she executed it without fear or compulsion. This is not, however, re- quired as to lauds in Alabama, Indiana, Kansas, Maine-, Maetland, Mas- sachusetts, Veemont, or Wisconsin. In some of the States where it is re- quired as to married women resident within the State, it is dispensed with as to non-residents. This is so in the laws of Dacotah, Michigan, Minnesota, and Oregon. By the laws of New York, neither married women conveying their separate estate, acquired since the act of 1848, nor non-resident married women joining with their husbands in a deed, need be thus privately ex- amined. By the laws of Illinois, the private examination is dispensed with only in the case of residents without the State, over eighteen years of age. Where a deed is executed by an attorney in fact, the more common prac- tice is to have the power of attorney acknowledged or proved as the act of the principal, and to have the deed acknowledged or proved as the act of the attorney, and to have both recorded, (c) In a great many of the States it is the rule that proof, by the oath of one or more subscribing witnesses (except as to a married woman's execu- tion of a deed under the laws of those States which require her to be per- sonally and separately examined), is equivalent to an acknowledgment by the grantor in person. In a number of the States, however, no provision is made for proof by witnesses, except in case an acknowledgment cannot be procured. In one or two of the States, on the other hand, it is not the practice to at^ knowledge deeds at all, but always to prove them by witnesses. • In most of the States it is the rule, that a deed executed by several grantors should be acknowledged by or proved as to each one of them. An acknow- ledgment by one of them may suffice to get the deed on record, but the (a) Job V. Tibbetts, 4 Gilm., 148 ; \c) In the statutes of Delaware there Adams v. Bishop, 19 Ills,, 395 ; Mon- is a provision for acknowledgment by at- tag V. Linn, Id., 399 ; Farrell Foundry torney, by virtue of a power either con- 1). Dart, 26 Ooim., 876. tained in the deed or separate from it. (*) See also chapter of Deeds. Bev. Code (1852), 267. 1* ABBOTTS' FORMS. Instructions for taking Aolinowledgments, etc. omission of any acknowledgment by the others may raise doubts on the part of subsequent purchasers. It is, however, only those who convey or release some interest in the land who need unite in the acknowledgment. A grantee who executes the deed merely to bind himself by personal covenants, need not do so. Officers authorized to take acknowledgment or proof, are generally limited in the exercise of such authority to the jslace or district for which they are ap- pointed ; judges, courts, and clerks of courts being limited to the territorial jurisdiction of their tribunal. ((?) Tli6 Forms. — Although as a general rule it is enough if the oertiflcate shows a substantial compliance with the statute, and formal and verbal de- partures from the form and words of the statute are not regarded as fatal, (e) yet language of the same*)rce and import must be used ; (/) and it is best to follow the words of the act so far as they can serve as a guide, and for the rest to pursue the methods of established precedents. Care is necessary on tlie part of the officer as to the form of the certificate which he signs, whether it be drawn by him or drawn by a party or attorney ; as he may. perhaps be chargeable with damages resulting from the use of an insufficient certificate, {g) A mistake in the certificate may be corrected by the officer who made it, at any time afterwards during his term of office ; {hi except that where the statute makes the validity of the instrument depend upon the record, he cannot amend his certificate after the deed has been recorded, (i) In the following pages are given, under the names of the several States and Territories of the Union, forms for aU ordinary cases, fi-amed in this way, agreeably to the laws and the practice of their respective jurisdictions. As the laws of New York on this subject have been copied in several other States, and the practice there is WeU settled, we give among the forms for that State a large number adapted to peculiar cases, which will be found serviceable guides in framing certificates for similar cases in other States generally. (J) In respect to the use of the forms, it is the better practice in all cases to write the certificate upon the same paper on which the instrument is written ; although in some States the law or settled practice sanction a certificate upon a separate paper, firmly annexed. Any material erasures or interlineations in a conveyance should be noted previous to the execution, above the place where the witnesses are to sign ; and if not so noted, should be mentioned in the (d) It would exceed our present limits Glarhe (Iowa), 418 ; compare Goode v. to enumerate the ofiicers within and with- Smith, 13 Cal., 81. cut each State, who are authorized by its {g) Fogarty v. Finlay, 10 Gal., 239. law.s to take acknowledgments and proof. (A) Jordan v. Corey, 2 Carter {Ind. ), 385. For a collection of the provisions of law on (*) Elliott v. Piersol, 1 Pet. S. G., 328. this subject we must refer the inquirer to (j) We desire to acknowledge our in- the forthcoming new edition of JSouvier's debtedness to Chaeles Nettleton, Esq., Law Dictionary, the article in which upon of the New Tork Bar, conveyancer, and a this subject is recent and complete. We commissioner for tlie various States and ane indebted for advance sheets of it to Territories of the Union, for very import- tlie publisher, Mr. Geoege W. Childs, ant assistance in the preparation of these of Philadelphia. Thornton on Gonveyarv- forms'. The resources of his library, cing, is also an excellent manual, present- which contains a rare collection of the ing the laws of the States very fully down Statute law of the whole country, and of to about the date of its publication, 2d his collection of manuscript certificates, edition, 1854. have been freely placed at our service ; jind («) ThurmantJ. Oameron, 24 Wend., 87' in addition to this, he has kindly offered Cavender ». Smith, 5 Glarhe (Iowa), 159 ; us, personally, information and advice, Whit-'iey «. Arnold, 10 Gal., 531. without which wo should have been un- (/) Tiffany v. Glover, 3 &. Greene able to present so complete a series of (Iowa), 387 ; W ickersham v. Keeves, 1 forms, as we trust this will be found. ACKNOWLEDGMENT OF DEEDS. 15 Instructions for Certifying. officer's certificate of proof or acknowledgment. Tlie signature of the officer ehould be followed by his official addition or title. Wlien the proof or ac- knowledgment of an instrument is taken in one State or Territory to be used in another, the venue of the certificate should designate that in which the proof or acknowledgment is taken ; and the body of the certificate should, ac- cording to the general usage, give the official title of the officer at full length ; and his signature, with his official seal, should be accompanied by hia othcial title. Directions as to those matters of form in the execution of deeds, which the officer is commonly relied on for, are given at the head of the forms for most of the States ; and where it is not otherwise indicated, a wax or wafer se,al, wij;h some impression thereon, and two subscribing witnesses, are proper. I. Oaths and affiemations, administered oeallt to witnesses in taking ACKNOWLEDGMENT OK PEOOP. PAOB 4. Oath of a subscribing witness, taken upon the Evangelists 20 5. The saiae, takeu by uplifting the hand 20 6. Affirmation of subscribing witness 20 7. Oatliof a witness to identity of party or subscribing witness, taken on the Evangelists 20 8. The same, taken by uplifting the hand 21 9. Affirmation of witness to identity of party or subscribing witness 21 II. Oeetifioates of acknowledgment and peooe fob the TAEIOUa States, etc. Alabaua. 10. Acknowledgment 21 11. Proof by subscribing witness 21 Abkansas. 12. Acknowledgment by a grantor known to the officer 22 13. By a grantor not personally known 22 14. By hnsband and wife, of a joint deed of the wife's land 22 15. By the same, of a joint deed for the husband's land 28 16. Proof by subscribing witness 23 17. Proof by handwriting of grantor and subscribing witnesses 23 Califoknlv. 18. Acknowledgment by one or more grantors known to the officer 24 19. The same, where wife joins 25 20. By a grantor not personally known to the officer 25 21. Proof by subscribing witness personally known to the officer 25 22. By one not personally known 26 COLOEADO. 23. Acknowledgment 26 24. Tlic same, where wife joins. . ". 26 Connecticut. 25. Acknowledgment 26 26. The same, of a deed by a corporation 27 Dacotah. 27. Acknowledgment 27 28. The same by husband and wife, where she resides in the Territory 27 29. Aulhentioal ion of acknowledgment taken without the State 23 16 ABBOTT'S FOEMS. Analysis of Chapter of Acknowledgments. PAOB Dklawake. 30. Acknowledgment 28 31. Thesame,ofa deed by a corporation 28 DisTEicT OF Columbia. 82. Acknowledgment 20 38. The same, where wife joins 29 Flokida. 34. Acknowledgment 80 85. The same, by husband and wife 80 86. Acknowledgment before commissioner, of deed executed or acknowledged without the State, by grantor not personally known SO 37. Acknowledgment before judge in a city or county where there is no Florida commissioner 81 88. Certificate of clerk to be annexed to the foregoing 31 Geoeoia. 89. Acknowledgment 31 40. The same, by husband and wife 32 41. Proof by subscribing witness 82 42. Acknowledgment or proof taken without the State by Georgia commis- sioner 32 Idaho. [Follow forms given for Nevada.] Illinois. 48. Acknowledgment within the State by a grantor personally known to the officer 33 44. The same, by husband and wife, where wife relinquishes dower 83 45. Acknowledgment within the State, where a grantor is not personally known 84 46. Acknowledgment without the State, where the grantor is personally known 84 47. The same, where he is not personally known 35 48. Acknowledgment without the State, by husband and wife, where wife re- linquishes dower 35 49. By the same, of a conveyance of the estate of the wife 35 50. Acknowledgment without the State, by attorney in fact 36 61. Proof without the State, by ri subscribing witness 36 52. The same, when the grantor and subscribing witnesses are dead or cannot be produced - 86 53. Certificate of clerk to acknowledgment taken according to the laws of another State 87 Indiana. 54. Acknowledgment _ 87 55. Declaration to bar dower of wife under age 37 Iowa. 56. Acknowledgment by a grantor personally known to the officer 33 57. By sheriff _. 33 58. Where the parties are not personally known '. ss 59. PrDof by witness, -frhere the grantor is dead or cannot be procared, or re- fuses to acknowledge 39 ACKNOWLEDGMENT AND PROOF OF DEEDS. 17 FAGS Kansas. [Follow forms given for Iowa.] Kentdokt. 60. Acknowledgment within the State 89 61. The same, without the State 40 Louisiana. 62. Authontio act of sale, and wife's renunciation 40 68. Acknowledgment of private act 41 Maine. 64. Acknowledgmen ; 42 65. The same, by attorney in faot 42 66. The same, by corporation 42 Makyland. 67. Acknowledgment within the State 43 68. The same, by husband and wife 48 69. Acknowledgment taken without the State 43 70. AfBdavit to be affixed to mortgages of land and to mortgages or bills of sale of personal property 48 Massachusetts. 71. Acknowledgment within the State 44 72. The same, by attorney in fact 44 78. Acknowledgment without the State 44 Michigan. 74. Acknowledgment within the State 45 75. The same, by husband and wife 45 76. Acknowledgment without the State 4$ 77. Acknowledgment of deed by a corporation 46 Minnesota. 78. Acknowledgment 46 79. Acknowledgment where a resident married woman joins her husband in the deed 46 80. Proof by subscribing witness 47 Mississippi. 81. Acknowledgment 47 82. The same, by husband and wife 47 83. Proof by subscribing witness 48 84. Authentication of acknowledgment taken by a judge without the State ... 4S Missoitri. 85. Acknowledgment by grantor personally known to the officer 49 * 86. By grantor not personally known 49 87. By husband and wife, to extinguish dower 49 88. By the same, to convey wife's estate 50 89. Acknowledgment of conveyance by power of attorney 50 90. Proof by witness where grantor is dead, or cannot be procured, or refuses to acknowledge 50 Nebraska. [Follow forms given for Iowa.] 2 18 ABBOTT'S FORMS, Nevada. [Follow forms given for California.] New Hampshire. 91. Acknowledgment within the State 51 92. Without the State 51 New Jersey. 93. Acknowledgment within the State, by a grantor known or identified 52 94. The same, by husband and wife 62 95. Of deed by a corporation 52 96. Of deed by an attorney 52 97. Proof by subscribing witness 58 98. Proof where witness is dead or ciinnot be obtained 53 99. Acknowledgment without the State 63 New Mexico. 100. Acknowledgment by a grantor personally known to the officer 54 101. By grantor not personally known 54 102. By husband 'and wife 54 New Yokk. 103. Acknowledgment within the State, by grantor known to the officer 55 104. By one of several grantors known to the officer 55 105. By two or more grantors known to the officer 55 106. By grantor not known to the officer 65 107. By two grantors, one known and one not known 55 108. By five grantors, two known and three not known 5fi 109. By husband and wife, known to the officer 56 110. By two husbands and wives, known to the officer 56 111. By husband and wife, not known 57 112. By husband known and wife not known 57 118. By wife, in a separate certificate 57 114. By husband and wife, resident without the State 68 115. By attorney in fact, known to the officer 58 116. By the same, not known 58 117. By sheriff, referee, or receiver , 58 .118. By deputy or under-sheriff 59 119. By executor or trustee 59 120. By grantor, after attaining majority, to confirm deed executed during minority 59 121. Proof within the State, by subscribing witness known to- the officer 59 122. By subscribing witness, not known 60 123. By subscribing witness as to husband, and acknowledgment as to, wife, both known to officer 60 124. The same, where neither are known 61 125. By subscribing witness known to officer, where grantors are husband and ' wife residing without the State 61. 126. The same, where witness is not known 61 127. By subscribing witness, known to the officer, deed being executed by at- torney 62 128. Proof of deed of a corporation, signed by the president, known to the of- ficer 62 12U. The same of a deed signed by the president and cashier or secretary, and pr9ved by the latter 62 130. Of a deed by a religious corporation 63 ACKNOWLEDGMENT AND PROOF OF DEEDS. . 19 Analysis of Chapter. PAOB [New Yohk, mntirfued,] 131. The same of a deed signed by the rector and proved by the olerk 63 132. Proof of deed by municipal corponitioii 63 138. Petition for a subpcBna to compel a fiubsoribing witness to prove the exe- cution of a conveyance 64 134. Verification thereof ; .' 64 185. Subpoena 64 186. Affidavit of service thereof 65 137. Warrant to attach witness not appearing 65 138. Commitment of witness refusing to testify 65 ] 39. Proof by handwriting where the subscribing witnesses are dead 65 140. Aolcnowledgment or proof without the State 66 141. Authentication by county clerk to be annexed to a certificate of acknowl- edgment or proof taken according to the laws of this State, to bo used in another State 67 North Oauolina. ^ 142. Acknowledgment witliin the State 67 143. The same, by husband and wife ' 67 144. Proof by subscribing witness 68 145. Acknowledgment or proof without the State, before a judge of another State 68 146. Authentication thereof 68 147. Acknowledgment or proof without the State, before a commissioner 63 Ohio. 148. Acknowledgment within the State 69 149. The same, by husband and wife 69 1 50. Acknowledgment without the State, by a single person 69 151. The same, by husband and wife 70 152. The same, by an attorney in fact , 70 Oregon. 153. Acknowledgment by grantor known to the officer 70 154. The same, by grantor not known ' 71 155. By husband and wife, resident and known 71 156. Proof by subscribing witness known to the officer 71 157. By subscribing witness, not known 71 Pknnstlvaxia. 158. Acknowledgment within or without the State , . . , 72 159. Tlic same, by husband and wife 72 160. By an attorney in fact 72 161. The same, in behalf of a corporation 73 162. Acknowledgment of certificate, by special partners 73 Rhode Island. 163. Acknowledgment within the State 78 164. The same, by husband and wife 74 165. Acknowledgment of a separate release of dower 74 166. Acknowledgment without the State 74 SocTB Carolina. 167. Proof by subscribing witness 74 168. Acknowledgment of release of dower 75 109. Acknowledgment of renunciation of inheritance 75 170. Acknowledgment without the State 76 20 . ABBOTTS' FORMS. Analysis. Oaths and affirmations. FAOB Tennessee. 171. Acknowledgment 76 172. The same, by husband and wife 76 17S. Proof by witnesses 76 Texas. 174. Acknowledgment 77 175. Acknowledgment by wife, of deed by her husband and herself, of her sep- arate property 77 176. Proof by subscribing witness ' 77 Vebmont. 17.7. Acknowledgment 78 178. Acknowledgment by agent of corporation 78 . ViESINIA. 179. Acknowledgment 78 180. Acknowledgment by married woman 79 Washington Tebbitoet. 181. Acknowledgment 79 182. Acknowledgment by husband and wife 79 West Vieohha. [Follow forms given for Vieginia, except that one justice may take an ac- knowledgment.] Wisconsin. 188. Acknowledgment by a grantor known to the officer 80 18i. By a grantor not known to the officer 80 I. Oaths AKD ArriEMATIONS ADMmiSTEr-lED OBALLT TO WITCTESSBS Df TATCINO ACKNOWLEDGMENT OE PROOF OF DEKDS. 4. Oath of a Subscribing Witness, talcen wpon the Evangelists. " You do solemnly swear, that yon will true answers make to snch ques- tions as shall he put to you in regard to the parties to the deed here shown to yon, and the execution thereof. So help you God." 5. The same, talcen by Uplifting the Hand. " You do swear, in the presence of the Everliying God, that you wiU true answers make to such questions as shall be put to you touching the parties to the deed here shown to you, and the. execution thereof." 6. Affirmation of Subscribing Witness. "You do solemnly, sincerely, and truly declare and affirm, that you will true answers make to such questions as shall be put to you touching the parties to the deed here shown to you, and the execution thereof." 7. Oath of a Witness To Identity of Party or Subscribing Witncsa, tal-en on the Evangelists. "Yon do solemnly swear, that you will true answers make to such ques- tions as shall be put to you in regard to the identity of the parties \or of the subscribing witnesses] to the deed here shown to you. So help you God." ACKNOWLEDGMENT AND PEOOF OF DEEDS. 21 Oaths, etc. Acknowledgment and proof for Aliibama. 8. The same, Taken iy UplifLing the Hand, "You do swear, in the presence of the Everliving God, that you will true answers make to such questions as shall be put to you touching the identity of the parties [or, of the subscribing witnesses] to the deed here shown to you." 9. Affirmation of Witness to Identity of Party or Subscribing Witness. ''You do solemnly, sincerely, and truly declare and affirm, that you will true answers make to such questions as shall be put to you touching the identity of the parties \pr, of the subscribing witnesses] to the deed here shown to you." n. Obetipioates of aoknowlbdgment asb peoof foe the vaeious States, etc. Alabama. [Deeds are usually sealed ; but a scroll is a sufScient private seal. There should be two subscribing witnesses ; although, unless the grantor is a married woman, or cannot write, one is sufficient if the deed be acknowledged by the grantor. A married woman need not be privately examined. The statute forms given below state that the deed was executed on the day of its date. The courts hold, however, that this is not to be regarded as essential ; and that it will be enough, prima facie at least, if the date of the deed, and that of the certificate, show that the instrument was recorded within the time fix«d by law.(A;)] 10. AcTcnowledgment.(T) State of Alabama, ) County of . J I, M. N. \stating also title of officer], hbbebt oeetift, that A. B., whose name is signed to the foregoing conveyance [or other instrument], and who is known to me, acknowledged before me, on this day, that being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date. Given under my hand, this day of , one thousand eight hundred and . [Signature and title^ 11. Proof by Subscribing Witnes8.(m) State of Alabama, ) County of . j I, M. If. [stating also title of officer], hebebt oeetift, that 0. P., a sub- scribing witness to the foregoing conveyance [or other instrument], known to me, appeared before me this day, and, being duly sworn, stated that (i-) Parsions v. Boyd, 20 Ala., N. A'., 112, knowledginents, &o., taken without thp and cases there cited ; Carter ». Chaul- Stale, except that, in such case, it is well dron, 21 Id., 72; Lea v. Polk County for the officer to affi.x his seal, if he have Co., 21 How. U. S., 498. one. (I) This form and the following are (m) See note {V). To entitle a deed to given by statnte. Godeof AtabanM(lSa2), probate, there must be two subscribing S79. The same fc-ms will serve for ao- wil^uesses. Code, § 1281. ABBOTTS' FORMS. Acknowledgment of Deeds for Arkansas. A. B., the grantor in the foregoing conveyance {or, the person described in, and who executed the foregoing instrument], voluntaiily executed the same in his presence, and in the presence of Q. E., the other subscribing witness thereto, on the day the same bears date; that he attested the same in the presence of the said A. B;, aiid of said other witness ; and that such other witness subscribed the same as a witness, in his presenoe.(m) GrivBN under my hand, this day of , one thousand eight hundred and {Signature and title.'] Arkansas. [A scroll or a durable impression on paper is sufficient as a private seal for a deed. Two witnesses are necessary, unless the grantor acknowledges the deed, which dispenses with the necessity of any witness. The certificate of the officer should be indorsed upon the deed, and must be attested under his official seal, if he have one.] 12. Achnoioledgment ly a Gh'antor Known to the Offiaer.ip) State of Alabama,} County of . ( ' On this day of , in the year of our Lord one thousand eight hundred and , before me, M. N., an acting and duly commis- sioned justice of the peace, within and for the county of , in the State of Arlcansas, appeared in person .\. B.,* to me personaDy well known as the person whose name appears upon the within and foregoing deed of conveyance,! as the party grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and setforth,(_;j) and I do hereby so certify. In testimony whekeof, I have hereunto set my hand, as such justice of the peace, at the county of , on the day of , 18 [Signature], J. P. 13. Acknowledgment ly a Grantor Not Personally Known to the Officer. {As in the ■preceding form, substituting in place of the words between the * and the t the following :] who being personally unknown to me, was, by the oaths of O. P. and Q. R., witnesses duly sworn and examined by me as to his identity, proven to my satisfaction to be the identical A. B. whose name appears upon the foregoing deed of conveyance — . 14. Acknowledgment by HxLsband and Wife, of a Joint Deed of the Wife^s Land.{q) [As in Form 12 tn the *, continuing thus :] to me personally well known as one of the parties grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify. («) As to tlie necessity of pursuing tliis (p) This reference to the consideration statute form, see Pliipps v. MeGehee, 5 and purposes is held essential. Jaooway Fori.jilZ; Dolinj). Gardner, ^5 Ala., 758. ii. Gaul t, 20 A7'k., 190. (o) This form is from Gould's Big. (j) This and the three following forms (1853). are trom GouliPs Dig. (1858). AOENOWLEDGMENT AND PEOOE Oh- DEEDS. 23 Arkunwns. And I FOTiTHKE CEUTiFT, that on this day voluntarily appeared before nie 0. B . wife to the said A. B., to me well known(?') to bo the person whose name appears upon the within and foregoing deed, and, in the absence of her said husband, declared that she had, of her own fi'ee will, executed the same, for the purposes therein contained and set forth, without compulsion or imdue influence of her said husband. In testimony [etc., as in Form 12]. 15. Acknowledgment hy Rxisband and Wife, of a Joint Deed for ITusbavd's Land. [As in Form 12 to the t, continuing thus:'] as one of the parties grantoi; and stated that he had executed the same for the consideration and pur- poses therein mentioned and set forth. AuD I FTJETHER oEETiFT, that on, this day voluntarily appeared before mo C. B., wife to the .«aid A. B., to me well known to be the person whose name appears upon the within and foregoing deed, and, in the absence ot her said husband, declared that she had, of her own free will, signed and sealed the relinquishment of dower therein expressed, for the purposes therein contained and set forth, without compulsion or undue influence ot her said husband. In testimont [etc., as in Form 12]. 16. Proof hy Suiscrihing Witness. State of Arkansas, ) County of . f Be it hemembehed, that on this day of , 18 , before me, M. N., an acting and duly commissioned justice of the peace, in and for the county aforesaid *, personally appeared 0. P., one of the subscribing wit- nesses to the foregoing deed, to me personally well known, who, being by me first duly sworn, on his oath stated that he saw A. B., grantor in said deed, subscribe and seal said deed on the day of its date [or, that the said A. B., grantor in said deed, acknowledged to him, on the day of 18 , that he had subscribed, sealedj and executed said deed], for the uses, purposes, and consideration therein expressed ; and that he and Q. E , the other subscribing witness, subscribed the same as attesting witnesses, at the request of the said grantor. In testimony [etc., as in Form 12]. 17. Proof of Handwriting of Grantor and Subscribing Witnesses. [As in the preceding form to the *, continuing thus .•] personally came S. T. and U. V., and upon their oaths stated that the signatures of A. 15., the grantor in the within and foregoing deed, and of 0. P., a witness thereto are genuine, and are in the handwriting of said A. B. and O. P., respect- ively. In testimont [etc., as in Form 12]. (r) Or as in Form 18. 24 ABBOTTS' FORMS. Acknowledgment of Deeds. California. [A scroll is a sufficient seal, if tlie intent to affix it is expressed in tlie body Df the instrument. Two witnesses are usual, but a deed which is acknow- ledged by the grantor does not require subscribing witnesses. The certificate may be annexed or indorsed ; and, if madd by a judge or clerk, must be at- tested under his hand and the seal of the court ; if by au officer who has a seal of office, under such son I. Forms 19 to 20 were once prescribed by law as sufficient ;(«) but exact conformity is not essential. The two essential facts in an acknowledgment are the officer's knowledge, or the proof of the identity of the person, and the fact of his ackuowledg-ment of execution, (f) In the case of an acknowledgment by a married woman, the statement that she was made acquainted with the contents of the conveyance, and the separate examination, are essential. («) By the present Codes (1872), a seal and witnesses are not requiredj. 18. Short forms now in Use. [ Venue.'] On this day of , in the year 187 , before me [name and title] personally appeared A. B., personally known to me [or, proved to me on the oath of ] to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. [If a. married woman, instead of the words, " and acknowledged to me, &c., say — described as a married woman, and upon an examination without the hearing of her husband, I made her acquainted with the con- tents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution.] 19. Acknowledgment where a Wife Joins. Old Form, (w) State of , ) County of . ) I HEEBBT OEETiFT, that ou this day of , 18 , personally ap- peared before me, M. K., a notary public [or, judge, or other title] in and (s) Laws of Cal., 1850-3, p. 514. strument was executed voluntarily, etc. (t) Henderson v. Grewell, 8 Gal., 581 ; The fact of acknowledging that it was and see Whitney v. Arnold, 10 Id., 531. so executed is a substantial requirement The statement that the identity of the of the statute. Bryan ». Eamirez, 8 Id., person was known or proved to the offi- 461. oer i8 essential, and its omission fatal to The words "freely and voluntarily" the effect of the recorded conveyanm, as are not essential. The voluntary exeou- notioe. Wolfti.Fogarty, 6 CaZ., 224; Kel- tion will be presumed from the fact of eey v. Dunlap, 1 Id., 160. But a oertifi- acknowledging the execution. Hender- cate that the party was known to him, son v. Grewell,, 8 Id., 581. But see note is sufficient, tliough omitting the word (o), p. 38, infra. "personally." Hopkins -o. Delaney, 8 («) Pease ». Barbiers, 10 /(i., 486. Id., 85. The words, "described in, and (») If taken without the State, add, who executed," are not essential ; it is " In testimony wheeeof," etc., at in enough to say, " whose name is sub- Form 12. Boribed to," etc. Henderson v. Grewell, (w) A deed affecting even the separate 6 Id., 58. property of a mrrried woman must be thus It is not enough to certify that the in- acknowledged. ACKNOWLEDGMENT AND PEOOF OF DEEDS. 25 California. for the said oounty, the within-named A. B., and 0. B. his wife, * to me personally known to be the persons described in, and whose names are subscribed to, the within [or, annexed] insti'ument, as parties thereto, and severally acknowledged that they seyeraHy executed the same, freely and voluntarily, for the uses and purposes therein mentioned. And the said 0. B., having been by me first made acquainted with the contents of such conveyance, acknowledged on an examination had by me, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.(a:) {Seal, if any.] Signature and title.] 20. AcTcnowledgment hy a Orantor Wot Personally Known to the Officer. [As in either preceding form, 18 or 19, substituting Jvr the words, " to me personally known," etc., at the*, the following :] satisfactorily proved to me to be the person described in, and who executed the within [or, annexed] instrument as a party thereto, by the oath of 0. P., a competent and credi- ble witness, for that purpose by me duly sworn ; and he, the said A. B., acknowledged [etc., continuing as in such preceding form.] 21. Proof ly Subscribing Witness Personally Known to the Officer. State of , 1 County of . J **• I HEBEBY OBETIFY, that OH tWs day of , 18 , personally appeared before me, M. N., a notary public [or, judge, etc., or other title], in and for said county, 0. P., who is a competent and credible witness,* and who is personally known to me to be the person whose name is sub- scribed to the within [or, annexed] conveyance [or other instrument], as a witness thereto *; and said 0. P., being by nae duly sworn, stated on oath that he personally knew A. B., who executed the within [9r, annexed] in- strument, and that he knew him to be the person described In, and whose name is subscribed to the same, as a party thereto ; and that on or about the day of ,18 , the said A. B., in the presence of said O. P., and in the presence of Q. B., the other subscribing witness, volun- tarily executed the same [or, to them acknowledged that he had freely and voluntarily executed the same], for the uses and purposes therein men- tioned; and that said O. P. thereupon subscribed his name thereto as a witness thereof, at the request of said A. B. (y), [and that such other wit- ness subscribed his name thereto, as a witness, in his presence.](a!) [Seal, if any.] [Signature and title.] (y) Sea note {(), p. ZS, infra. "In TEsTmoNr wiiebeof," etc., as in (z) If takoQ without the State, a^d, form 12. 26 ABBOTTS' FORMS. Acknowledgment of Deeds. 22. Proof ly Subscribing Witness Not Personally Kpown to the Officer. [As in preceding form, substituting for the words between the * * the fol- lowing ;] and who is satisfactorily proved to me to be the person whose name is subscribed to the within [or, annexed] instrument, as a witness thereto, by the oath of T. Z, Colorado. 23. Acknowledgment. TBEErrOBT OP OOLOEADO, ) County of . \ Be it mrown, that on this day of , 18 , before me, the subscriber, personally came A. B., to me personally known as the same person described in, and who executed the foregoing instrument of writing, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. * WmsrEss my hand and official seal, the day and year first above written. [Signature, title, and seal.1 24. The Same, Where Wife Joins. [Insert in the preceding form at the *.■] and at the same time personally appeared before me the within-named 0. B., wife of the said A. B., who being by me privately examined separate and apart from her husband, ac- knowledged that she signed, sealed, and delivered the said instrument of writing as her voluntary act and deed, freely and without any threat, com- pulsion, or fear of her said husband. Connecticut. A scroll, or the word " seal," is a sufficient seal for a deed. There should be two subscribing witnesses. But there is no provision of law allowing proof by witnesses. Married women need not be separately examined. Deeds exe- cuted in another State or Territory may be executed and acknowledged there, in a<3c6rdauce with the laws thereof ; (z) but both execution and acknowledg- ment must be ao. Execution in New York with but one witness, and acknow- ledgment there before a 'Connecticut commissioner, is insufficient.(a)] 25. Achnowledgment. State of Conuectiotit, ) County of . j [Date.] Personally appeared A. B., signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed, before me. [Signature and title.} (z) Laws of Conn., 1862, ch. 8. (a) Farrell Foundry «. Dart, 26 Conn., 876; and see 19 HI., 895, 899. ACKNOWLEDGMENT AND PEOOF OF DEEDS. 27 Colorado. Dacotali. 26. Acknowledgment of a Deed of Corporation. State of Coitneotiotjt, i County of . ( [Date.'] Personally appeared A. B., who being duly authorized and appointed by vote of the directors of the said \naming the corporation], the agent of said company for the purpose of executing the foregoing instrument, acknow- ledged that he executed the same as the free act and deed of the said cor- poration, and as his own free act and deed, before me. [Signature and title.] Dacotah. [Deeds executed •without the State and within the United States may be executed according to the laws of the place of execution, and may be ac- knowledged before any oflBcer authorized by the laws of the place to take ap- knowledgments. The laws do not provide for proving a deftd by subscribing witnesses, except where the grantor has died, or departed from, or resides out of the Territory, in which case it may be proved by such a witness before any court of record in the Territory.] 27. AcJcnowledgment. Teeeitort oe Daootah,| County of . j Be it eemembeeed, that on this day of , 18 , before me, the subscriber, personally came A . B., to me personally known as the same person described in, and who executed the foregoing instrument of writing, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. In wrrNESS wheeeof, I have this day of 18 , made this cer- tificate and hereunto set my hand. [Signature and title.] 28. AcJcnowledgment by Husband and_ Wife, where Wife Besides in the Territory. (b) Teeeitoey op Daootah, ) County of . ) Be it eemembeeed, that on this day of , 18 , before me, the subscriber, personally came A. B., and 0. B. his wife, to me personally known as the same persons described in, and who executed the foregoing in- strument of writing, and acknowledged the execution thereof to be their free act and deed, for the uses and purposes therein mentioned. And the said C. B., being at the same time examined by me, separately, apart from her said husband, did acknowledge that she executed such deed freely and without any fear or compulsion from any one. In witness wheeeof, I have on this day of ,18 , made this certificate, and hereunto set my hand. [Signature and title.] (4) If slie resides without the Territory, if slie were sole. Laws of Dacotah, idi the aolcnowledgment may be the same as (1862). 2R ABBOTTS' FORMS. Acknowledgment of Deeds. 29. Authentication of the Certificate of am, Aohnowleigment Taken Without the State.{c) .!- State of , Ootjtttt op . Oflace of Clerk of the Court of I, O. P., clerk \or othev proper certifying officer"] of the court of , being a court of record of said county [or, district], do herety certify that M. N., the person whose name is subscribed to the annexed certificate of acknowledgment, was at the date thereof such oflBcer as he is therein represented to be ; and that the undersigned believes the signature of such person subscribed thereto to be genuine ; and that the deed is exe- cuted and acknowledged according to the laws of this State [or, Territory, or, district]. Witness my hand and seal of ofiSce, this day of , 18 , [Signature, title, and seal.] Delaiware. [A scroll is a sufBoient seal. It is usual to have two subscribing witnesses. Proof by witness may be made within the State only before the Superior Court.] 30. Aciinowledgment.(d) State of Delawaee, ) County of . ) ' Bb it ekmembeeed, that on the day of , in the year of our Lord one thousand eight hundred and , personally came before the subscribers, two of the justices of the peace for county aforesaid, A. B., and C. B. his wife, parties to this indenture [or, if it he not an in- denture, say, instrument], known to us personally [or, proved on the oath of M. F., of ] to be such, and severally acknowledged said indenture to be their act [and deed], respectively ; and that the said C. B., being at the same time privately examined by us apart from her husband, acknow- ledged that she executed the said indenture [or, instrument] willingly, with- out compulsion or threats, or fear of her husband's displeasure. Witness our hands, the day and year aforesaid. [Signatures and titles.'\{e) (c) This is to be made by the clerk or ledgment only, or a private examination other proper certifying officer of a court only, is taken, the form will be varied »c- of record of the county or district within cording to the case. which the acknowledgment was taken. (c) Where an acknowledgment is taken It is not necessary where the acknow- in a conrt, the authentication will be ledgment is taken by a Dacotah oommis- under the hand and seal of the olerk or sioner. prothonotary ; if before the chancel- (d) This form is provided by statute lor or other officer, it will be under his Caws of Del., 267 (1852). If acknow- hand ACKNOWLEDGMENT AND PROOF OF DEEDS. 29 Delaware. District of Columbia. Florida. 31. Acknowledgment of a Deed of a Corporation.{f) State of Delawaee, ) County of . ) Be it remembeeed, that on the day of , in the year ., before us [etc.] came A. B., the president of the Bank of , to us per- sonally known, and who, being by us duly sworn, deposes and says : That he resides in the village of , in said county; that he is the preside]) t of the Bank of ; that the seal affixed to the within indenture is the corporate seal of the president, directors, and company of the said hank, and was affixed to the said indenture by order of said directors, for the uses therein expressed ; and that he, by like order, did subscribe Ms name thereto, as president of said bank. [Signatures and titles of magistrates^ District of Columbia. [There should be two witnesses.] 32. Acinowledgment.(g) District of Columbia, ss. Bb it eemembbebd, that on the day of , 18 , before ns, M. N. and O. P., two justices of the peace for , A. B., a party to a certain deed bearing date the day of > 18 , and hereto an- nexed, personally appeared [in our said county of ], the said A. B. being personally well known to us as the person who executed the said deed, and acknowledged the same to be his act and deed.* Witness oue hands, the day and year first above written. [Signatures and titles.] 33. The Same, Where Wife Joins. [Insert in the preceding form at the*:] And we do further certify, that C. B., wife of the said A. B., party to the aforesaid deed, hereto annexed, personally appeared before us [in our county aforesaid] ; and said C. B., being well known to us as the wife of said A. B., who executed the afore- said deed, and being by us examined privily and apart from her husband, acknowledged the same to be her free act and deed, and that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it. Witness, [etc., as in preceding form.] Florida. [A scroll is a sufficient seal. The execution and delivery should be attested by two subscribing witnesses.] (f)lt is provided by the laws of Dela- legally constituted attorney, of such oor- ware, that an acknowledgment of a deed pofation. Laws of Del., 267, § 6 (1852). concerning lands or tenements, executed {g) This is the proper mode of aoknow- by a corporation, may be made by the ledgment, whether takan within or with, president or other presiding officer, or out the district. 30 ABBOTTS' FORMS. Acknowledgment of Deeds. 34. Achnowledgment, State op Ploeida, ) County of . \ "• On this day of j 18 , before me {name and title of officer] personally appeared A. B., to me known to be the person described in, and who executed the foregoing instrument, and acknowledged * the execution thereof to be his free act and deed, for the uses and purposes therein men- tioned. . [Signature and title.] 35. Achnowledgment iy Susband and Wife. State of Fioeida, ) County of . ( On this day of j 18 j before me [name and title of officer] personally appeared A. B., and 0. B. his wife, to me known to be the per- sons described in, and who executed the foregoing instrument, and severally acknowledged * the execution thereof to be their free act and deed, for the uses and purposes therein mentioned, t And the said 0. B., the wife of said A. B., on a private examination by me, separate and apart from her Imsband, did acknowledge that the said deed [or, mortgage, or, relinquish- ment and renunciation, &o.] and the said acknowledgment was made freely and voluntarily, and without any compulsion, constraint, apprehension, or fear of or from her said husband. [Signature and title.] 30. Achnowledgment Be/ore Commissioner, of Deed Executed or Achnow- ledged Without the State, by Grantor Not Personally Known.Qi) State of Floeida, ) County of . J On this day of t 18 , before me, I. K, a commissioner duly appointed and authorized by the executive authority, and under the laws of the State of Florida, to take, within the State of , proof and acknow- ledgment of deeds, etc., to be used and recorded in said State of Florida, personally appeared A. B., who was proven to me satisfactorily to be the person described in, and who executed the foregoing instrument, by the oath of M. N., who, being by me duly sworn, did depose and say : That he resided in , in the county of ; that he was acquainted with the said A. B., and that he knew him to be the same person described in, and who executed the within conveyance; and thereupon the said A. B. acknowledged [etc., continuing as in Form No. 34,/rom the *]. In witness wheeeof, I have hereunto set my hand and aflBxed my seal of oflSoo, at , the day and year first above written. I [Signature, title, and seal.] (h) In acknowledgments of deeds exe- in the certificate of aoknowledgment to cuted or acknowledged without the State, have been identified by proof. Thompt. the grantor, if not known, must be stated Dig., 182. ACKNOWLEDGMENT AND PROOF OF DEEDS. 31 Florida. Georgia. 37. Acknowledgment Before Judge, in a Gity or County where there is No Florida Commissioner. State of- ,"( County of . j Be it eemembeeed, that on this day of , 18 , before me, M. N., the chief-justice \or, one of the judges, or, the presiding justice, or, the president] of the court of [naming any court of record having seal and cleric or protJionotary], which said court is a court of record, personally ap- peared at • , within the jurisdiction of said court, A. B. [and 0. D.], to me kDown(i) to be the person [or, persons] described in, and who exe- cuted the foregoing instrument, and [severally] acknowledged the execution thereof to be his [or, their] free act and deed, for the uses and pui-poses therein mentioned. [If a married woman joins, add private examination, as in Form 35, from the t to the end'l- [Signature and title of judge.] 38. Certificate of Cleric to le Annexed to the Foregoing. State of , ) County of . j I, 0. P., clerk [or, prothonotary] of the court of , at , do hereby certify that M. N., the person whose name is subscribed to the an- nexed certificate of acknowledgment, was at the date thereof the chief- justice [or other judg^ of said court, duly appointed as such, and that 1 verily believe the signature of his name subscribed thereto to be genuine. Witness my hand and seal of oflBce, this day of , 18 . [Signature, title, and seal.] Georgia. [A conveyance of land must be sealed, (j) but an ink-scroll is sufficient as a private Beal.(/fe) A deed of lands which is not officially witnessed within the State, must be executed in the presence of two witnesses, who must sub- scribe as such ; and the certificate of proof*by a witness must state that he saw the grantor deliver as well as sign.(Q] 39. Aclcnowledgment. State of Geobgia, ) ^^ County of . ) Be it kemembeebd, that on this day of , one thousand eight hundred and , before me, the undersigned [naming officer and title] personally came A. B., to me known to be the person described in, and who executed the foregoing [or, within] conveyance, and acknowledged the same to be his free act and deed. [Signature and title.] (i) If not known, state proof of the (j) Reinhart «. Miller, 22 Geo., 402. Identity of the grantor by witness, as in (A) Williams v. Greer, 12 Id., 459. preceding form. (I) Poo «. Lewis, 29 Id., 46. 32 ABBOTTS' TOEMS. Acknowledgmeut of Deeds. 40. Acknowledgment by Husband and Wife. State of Geoegia. ) County of . J ' Be it eemembeeed, that on this day of ) 18 , before me, the undersigned \naming officer and title}, personally came A. B., and 0. B. his wife, to me known to he the persons described in, and who severally executed the foregoing [or, within] conveyance, and severally acknowledged the same to be their free act and deed. And the said 0. B., on private ex- amination by me, acknowledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver the said conveyance, with an intention thereby to renounce, give up, and forever quit-claim to Y. Z., her right of dower and thirds, and all her other interest of, in, and to the lands or tenements therein mentioned. [Signature and title.] 41. Proof by Subscribing Witness.(m) State of Geoe&ia, i County of . ) ' Peesonallt game before the undersigned [one of the justices of the peace in and for said county], M. K., merchant, who resides at ,(ra) who, being duly sworn, deposeth and saith, that he saw A. B. sign, seal, and de- liver the within deed, for the purposes therein mentioned ; that deponent subscribed the same as a witness, and saw 0. P. do so likewise. [Signature of witness.] Sworn to and subscribed before me, this day of , 18 . [Signature and title of officer.} 42. Achnowledgment or Proof Tahen Without the State, by Commissioner for Georgia. State of ) County of . 5 The TjHrEESi&NED, commissioner of the State of Georgia, hereby certifies that [etc., as in other preceding forms, 39, 40, or 41]. Given under my hand and seal, this day of , 18 . [Seal.l [Signature and title.} Idaho. fFollow forms given for Nevada.] Illinois. [A scrawl is a sufficient private seal for a deed. Two witnesses are usual, but an acknowledgment supersedes the necessity of witnesses. (m) This form ia from OobVsStat. mid. F., dition and abode is requisite, where the 404. proof is taken without the State. Cobb's («) The statement of the witness's ad- Big., 394, 387. ACKNOWLEDGMENT AND Jb'KOOF OF DEEDS. 33 Illinois. A certificate of acknowledgment must state either that the party was per Bonally known to the officer, or proof of his identity by a credible witness. It is not enough for him to certify that he is " satisfied" of the identity, (o) A deed executed without the State, and within the United States, 'may be esf-cuted and acknowledged in accordance with the laws of the place of exe- cirttoa, if certified by a clerk of a court of record to be so done, (p) But it must conform wholly to the laws of one State or to those of the other. It is not to he sustained by both laws combined. A certificate by a notary of another State should be under his official seal, (y)] 43. Achwwledgment Within the^State, hy a (frar.tor Pertonally Known to the Officer. State of Illinois, ) County of . 5^ ' I., M. N., commissioner of deeds [or other authorized officer'] in and for said county, in the State aforesaid, do hereby certify that A. B., personally known to me as the real person whose name is subscribed to the annexed deed, as having executed the same, appeared before me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument of writing, as his free and voluntary act, for the uses and purposes therein set forth. GrivBN under my hand [and seal of office], this day of , A. D. 18 . [Seal, if any.] [Signature and title.] 4A. The same ty Husband and Wife, where Wife Relinquvthes Bower. State ob Illinois, ) County of . S I., M. N., commissioner of deeds [or other autliorised officer] in and for said county, in the State aforesaid, do hereby certify that A. B., and C. B. * his wife, personally known to me as the real persons whose names are sub- scribed to the annexed deed, as having executed the same, appeared before me this day in person, and acknowledged that they signed, sealed, and "de- livered the said instrument of writing, as their free and voluntary act, for the uses and purposes therein set forth. And the said C. B., wife of the said A. B., having been by me examined, separate and apart, and out of the hearing of her husband, and the contents and meaning of the said instru- ment of writing, having been by me fully made known and explained to her ; and she also by me being fully informed of her rights under the Home- stead laws of this State, acknowledged that she had freely and voluntarily executed the same, and relinquished her dower to the lands and tenements therein mentioned ; and also all the rights and advantages under and by virtue of all laws of this State relating to the exemption of homesteadsy (0) Shephard v. Carriel, 19 III, 318. as by supplying a certificate. Hurt tk (p) It seems that the conformity may McCartney, 18 Jd., 129. be proved by producing the laws, as well (j) Booth v. Cook, 20 Id., 129. 3 84 ABBOTTS' FOBMS. Acknowledgment of Deeds. without compulsion of her said husband ; and that she does not wish to re- tract the same. Given under mv hand [and seal of office], this day of , A.. D. 18 . [Seal, if anj/.] [Signature and title.} 45. Acknowledgment Within the State, hy Grantor Not Personally Emwn to the Officer. [As in the preceding form to the *, continuing thus:} this day appeared before me in person, and was [or, were] proven to me satisfactorily to ha the real person [or, persons] described in, and whose name is [or, names are] subscribed to the annexed deed, as having executed the same, by the oath of 0. P., a credible witness, who, being by me duly sworn, did depose and say that he resided in , in the county of ; that he was ac- quainted with the said A. B. [and 0. K., his wife] ; and that he knew him [or, them] to be the same person[s] described in, and who executed the an- nexed deed. And thereupon the said A. B. [or, they severally] acknowledged to me that he [or, they] signed, sealed, and delivered the said instrument ot writing, as his [or, their] free and voluntary act, and for the uses and pur- poses therein set forth. [Add wife's examination, if she he a party, and end with, In wiiirass, etc., as in the preceding form. 46. Acknowledgment Without the State, ly Grantor Personally Shown to the Officer. (f) State op ) City and county of . \ Be it eemembeeed, that on the day of , in the year of our Lord one thousand eight hundred and , in the city [or, town] and county aforesaid,(s) before me, M. N., a commissioner, residing in said city [or, oovmty], duly appointed a commissioner by the governor of the State of Blinois, to take acknowledgment and proof of the execution of deeds and other instruments in writing under seal, to be used and recorded in said State, personally appeared A. B.,* who is personally known to me to be the real person whose name is subscribed to the foregoing deed [or other instrument in writing, as the case may he], as having executed the same, and acknowledged that he had executed the same, for the uses and purposes therein expressed. (r) This and the si-t following forms are for Illinois, of any proof or aoknowledg- from the instructions as to acknowledg- ment taken before him, or any onth oi ments, etc., prepared by the secretary of affirmation administered by him, -"shall State of Illinois, pursuant to law, for the specify the day on whioli, and the city, or guidance of commissioners. The last town and county, within which the same tlireo we suppose to be suitable to simi- was taken or administered ; and without lar cases within the State. said speoifloation the said certificate shall (.f) The statutes of Illinois provide be invalid, inoperative, and void." Latet that every certificate of a commissione. of 111., Feb. 17,1851. AOKNOWLEDGMEl^T AND PROOF OF DEEDS. 35 IlUnoia. In witness wheueof, I have hereunto set my hand and affixed my official seal, as commissioner of the said State of Illinois, at my office, Seat.] in the city [or, town] of and State aforesaid, this day of ,A. D. 18 . [Signature.] Commissioner of the State of Illinois, for the city of . 47. Acknowledgment Without the State, iy Grantor Not Personally Known to the Officer. [Ab in preceding form to the *, continuing thiia:] who was proved to me, on the oath of O. P., a credible witness, to he the real person whose name is subscribed to the foregoing deed [or other instrument in writing, as the case may he], as having executed the same, and acknowledged that he had executed the same for the uses and purposes therein expressed. In witness [etc., as in preceding /orm]. 48. Acknowledgment Without the State By a Husband and Wife, when the Wife Relinquishes Dower. [As in Form 46 to the *, continuing thus:] and 0. B. his wife, who are personally known to me [or, who were proved to me, on the oath of M. K., a credible witness], to be the real persons whose names are subscribed to the foregoing deed [or other instrument of writing, as the case may be], as having executed the same, and acknowledged that they had executed the same for the uses and purposes therein expressed. And the said 0. B., wife of said A. B., being of lawful age, and having been by me, separate and apart from her said husband, examined, and the contents of said deed [or other instrument, as the ease may be] fully made known and explained to her, acknowledged that she had executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, and with- out compulsion of her husband. In witness [etc., as in Form 46]. 49. Acknowledgment Without the State by Husband and Wife, of a Con- veyance of the Estate of the Wife. [As in Form 46 to the *, continuing thus :] and 0. B. his wife, who are personally known to me \or, who were proven to me, on the oath of M. N., a credible witness], to be the real persons whose names are subscribed to the foregoing deed [or other instrument ojF writing, as the case may be], as having executed the same, and acknowledged that they had executed the same, for the uses and purposes therein expressed. And the said 0. B., wife of the said A. B., being of lawfal age, and having been by me, separate and apart from her husband, examined, and the contents of the said deed [or, instrument] having been made known and fully ex- plained to her, acknowledged that she had executed the same voluntarily and freely, and without compulsion of her husband, and that she does not wish to retract. In witness [etc., as in Form 46], 36 ABBOTTS' FORMS. Acknowledgment of Deeds. 60. Achnowledgment Without the State, hy Attorney in Fact. [As in Form 46 to the *, contiriuing thus:'] attorney in fact .of 0. D., who is personally known to me to be the person [or, who was proved to me, upon the oath of a credible witness, to be the person] whose name, as snch attorney in faof» is subscribed to the foregoing deed [or other instrument, (is the case may ie], as on the part and behalf of 0. D., his said principal, having executed the same, and acknowledged that he had, as such attorney in fact, for and on behalf of his said principal, executed the same, for the uses and purposes therein expressed. In witness [etc., as in Form 46]. 51. Proof Without the State, by a Subscribing Witness. [As in Form 46 to the *, continuing thus :} to me personally known to be a subscribing witness to the foregoing deed [or, who was proved to me, on oath of O. P., a credible witness, to be a subscribing witness to the forego- ing deed], who, after being duly sworn, according to law, did depose and say, that 0. D., whose name appears subscribed to said deed, is the real person who executed the same; and that he, the said A. B., subscribed his name, as a witness thereto, in the presence of, and at the request of the said 0. D.,(t) which is sufficient evidence to me of the execution of said deed. In witness [etc., as in Form 46]. 52. Proof Without the State, when the Grantor and Subscribing Witnesses are Dead or Cannot be Produced. [As in Form 46 to the * continuing thus .■] a competent and credible wit- ness, who, being duly sworn, according to law, did depose and say that he personally knew the handwriting of 0. D., the grantor in, and of M. N., the subscribing witness to, the foregoing deed, and that he well knew the sig- natures of each of them, having frequently seen them write [or state such otlier means ofhnowledge as the witness may have{u)'\, and that he believes the names of such grantor and subscribing witness to the deed aforesaid were tliereto subscribed by the said C. D., the grantor, and M. N., the subscribing witness, respectively, which, to me, afibrds sufficient evidence of the due execution of said deed. In witness [etc., as in Form 46]. (t) It is the better practice to state in was agent of a corporation of wliich the .the certificate that the witness subicribed grrantora were directors, and that he had in the grantorfs presence and at his re- often seen documents with their name quest, thougfh it is held not essential, subscribed thereto, and recognized by Job V. Tebbetts, 4 Gilm., 143. them as genuine, in the course of business (m) Tims a statement that the witness transactions, is sufficient. Ibid. ACKNOWLEDGMENT AND PEOOF OF DEEDS. 37 Illinois. ' Indiana. 53. Certificate of a OUrlc to Achnowledgment Taken According to tht Laws of Another State. State as ) County of . \ ^• I, M. N., clerk of the court, a court of record of said State of , in and for said county of ,(«) do hereby certify that , the per- son before whom the foregoing acknowledgment \or, proof] was taken, was at the time thereof [here state title], duly commissioned and sworn, and to all whose official acts as such, full faith and credence is given, and that his signature to the foregoing certificate of acknowledgment [or, proof] is genuine, and that the within [or, annexed] deed \or other instrumenfl is executed and acknowledged according to the laws of the said State of .(w) In witness wheeboe, I have hereunto set my hand and affixed the seal of [Seal said court, this day of , 18 . of court.] [Signature], Clei-k. Indiana. [Private seals are abolished,(a!) One witness is sufficient ; and where a deed is acknowledged by the party, no witnesses are necessary. The form of ac- knowledgment below is given by the statute, and is sufficient, whether within or without the State. The certificate may be annexed or indorsed. It should be under seal, if the officer have an official seal ; and if the certificate is sealed, there is no need that the signature of the officer be authenticated by a clerk's certificate. No separate examination of a wife is necessary .(y)] 54. Achnowledgment. State op , } County of . ) ' Bbfobe me, M. N., a judge, [or, justice, as the case may te] this day of , 18 , A. B. acknowledged the execution of the annexed [or within] deed, [or, mortgage, as the case raay ie]. [Official seal, if any]. [Signature and title.] [Proof iy witness may he made in the form used in New Yoek.] 55. Declaration to Bar Bower of Wife Under Age. ' [Insert in the preceding form, 'before the signature :] and the said C. B., being a married woman, over the age of eighteen years, and under the age of twenty-one years, her father [or, and having no father, her mother], D. E., then also personally appeared and declared before me, that he [or, she] believed that such conveyance was for the benefit of the said C. B., and that it would be prejudicial to her and her husband to be prevented from disposing of the lands thus conveyed. [Signature, etc.] (») It is net enough for him to certify ity is sustained by Hurt v. McCnrtney, IE that he is clerk of the county. Shephard lUe., 129 ; Job v. Tebbetts, 4 Oilm., 148. ». Carriel, 19 lU-, 31S. (.c) 1 G. & II., 262 ; Act of 1S59. (r) This form ofcertifying the conform- (y) Bev. Slat., 236 38 ABBOTTS' FORMS. Acknowledgment, &c., of Deeds for Iowa. Iowa. [The use of private seals (corporate seals excepted) is abolisted. Where a deed is acknowledged by the party, no witnesses are necessary. The certificate should be indorsed on the deed. Married women need not be separately ex- amined.] 56. Acknowledgment by a Grantor Personally Known to the Offioer.(z) State op , ) County of . ) * This is to obrtift, that on this day of , a. d. 18 , before me [here set forth the title of the court, or person before whom the acTcnowledg ■ merit is tahen : — e. g., thus] K. L., a notary public, duly appointed in and for said city and county,* perspnally appeared A. B., personally known to me [or, to J. K., one of the judges of the said court] to be the identical person whose name is affixed to the foregoing deed [or other instrument] as grantor [or, obligor, or otherwise], therein named, and acknowledged the same to be his volantary(a) act and deed, for the purposes therein mentioned. In witnbss wheebop, I have hereunto set my hand [and the seal of my olEce], on the day and year first above written. [Official seal, ifany.](b). [Signature ami title.] 57. By Sheriff.{e) State op Iowa, ) County of . ) ' Be it eemembeeed, that on this day of , ad. 18 , before me the subscriber, [a notary public in and for the said county of ]; personally came A B., sheriff of the oonnty of aforesaid, personally known to me to be the same person described in, and whose name is subscribed to, the foregoing deed, as a party thereto, and acknowledged that he volimta- rily executed the same as sheriff as aforesaid, for the uses and purposes therein mentioned. In witness, [etc., as in the preceding form.] 58. Acknowledgment by Parties Not Personally Known to the Officer. [As in Pbrm 56, to the '*, continuing thus:] personally came A. B. and 0. D., both pi'oven to me satisfactorily to be the same identical persons de- scribed in, and who executed the within conveyance, by the, oath of M. N. i^witness thereto], who, being by me duly sworn, did depose and say that he resided in , in the county of ; that he. was acquainted with the said A. B. and 0. C, that he knew them to be the same persons described Id, and who executed the within conveyance; and, thereupon, they severally (a) Tliis form and the following are suit- (J) If the officer have a seal, it should able for use within or without the State. be affixed ; and, in such case, a clcrk^s cer- (a) The word voluntary, or its equiv- tlflcate to his authority and genuineness alent, is held essential. 'Wickers- ss. ment, or, Parish] of . ) I, M. N"., [stating official title] do certify that this instrument of writing, from A. B. and wife [or, from 0. B., wife of A. B.] was this day produced to me hy the parties [which 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 0. B. by me, separately and apart from her husband, she there- upon declared that she did freely and voluntarily execute and deliver the same to be her free act and deed, and consented that the same might be recorded. Given under my hand and seal of office, this day of , 18 . [Sial.] [Signature and title.] Louisiana. [Conveyances are made either by authentic act or by private act. The former is done by the parties going before a notary, who reduces the contract of sale to writing, and signs it, together with the parties, in presence of two male witnesses, aged at least fourteen, or of thiee witnesses, if the party be blind. A private act is done by signature by the parties, and acknowledgment. A seal by the grantor is unnecessary.] 62. Authentic Act of Sale, and Wife's Senuneiation, State of , ) County of .p*" Be it eemembeebd, that on this day of , a. d. 18 , before me, M. N., a commissioner of the State of Louisiana, duly commissioned and appointed by the governor thereof, for the said county and State of , personally came and appeared A. B., at present residing at in said county; who declared [here will follow the cowoeyance, e. g., thus .-^ that in consideration of to him in hand paid by the said Y. Z.,(jr) the receipt whereof is hereby acknowledged, he, the said appearer, does hereby grant, bargain, sell, convey, and confirm unto T. Z., of , all {here insert description of the premises] ; to have and to hold the same unto the said Y. Z., his heirs and assigns forever. And now personally appeared and intervened Mistress C. B., of lawful age, and wife of said A. B., who did declare unto me that it is her wish and intention to release, in favor of the said Y. Z , the real estate above re- ferred to, from the matrimonial, dotal, paraphernal, and the other rights, and from any claims, mortgages, or privileges to which she is or may be en- titled, whether by virtue of her marriage with her said husband or other- (/) Tliis form is prescribed by the stat- (g) The true consideration must be ute. Bev. Stat. (1852), 198. Proof by stated, witnesses Tvitlioul tl.e State is not pro- cidod for. ACKNOWLEDGMENT AND PROOF OF DEEDS. 41 Louisinna. wise. "Wheebtjpok I, the said commissioner, did inform the said wife, verbally, apart and out of the presence of her said husband, and before re- ceiving her signature, that she had, by the laws of the said State of Louisi- ana, a legal mortgage on the property of her said husband — first, for the 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 the marriage ; second, for the restitution and reinvest- ment of the dotal property by her acquired since marriage, whether by suc- cession or donation, from the day the succession was opened, or the suc- cession perfected ; thirdly, for nuptial presents ; fourthly, for debts by her contracted with her said hnsband; and fifthly, for the amount other para- phernal property alienated by her, and received by her said husband, or otherwise disposed of for the individual interest of her said husband. And the said wife did thereupon declare unto me, commissioner, that she was fuUy aware of, and acquainted with, the nature and extent of the mat- rimonial, dotal, paraphernal, and other rights and privileges thus secured to her by the laws of the said State of Louisiana, in the property of her said husband ; and that, availing herself of the rights secured to her by the second section of an act passed by the legislature of the said State of Lou- isiana, authorizing wives to make valid renunciations, etc , approved on the 27th day of March, 1835, she nevertheless did persist in her intention of renouncing not only all the rights, claims, and privileges hereinbefore enumerated and described, but all others of any kind or nature whatsoever, to which she is or may be entitled by any law now or heretofore in force in the said State of Louisiana. And the said husband being now present, aiding and authorizing his said wife in the execution of these presents, she, the said wife, did again declare that she did, and doth hereby, make a formal renunciation and relinquishment of all her said matrimonial, dotal, paraphernal, and other rights, claims, and privileges, in favor of the said T. Z., binding herself and her heirs, at all times, to sustain and acknowledge, at all times, the validity of this renunciation. Thus done and passed, in my oflBce, in the said city of , in the presence of 0. P. and Q. R., competent witnesses, who hereunto subscribe their names, together with the said appearers, and me, commissioner, on the day of , a. d. eighteen hundred and [Signature of parties, of witnesses, and of officer, with his title and official seat] I 63. Acknowledgment of Private Act. State of , ? ^^ County of . f ' Be it eemembeeed, that on the day of , in the year one thousand eight hundred and , before me, the undersigned M. N., a commissioner, resident in the city of , duly commissioned and quali- fied by the executive authority, andunderthe laws of the State of Louisiana, to take the acknowledgment of deeds, etc., to be used or recorded therein, personally appeared A. B., to me known to be the individual named in, and 42 ABBOTTS' FORMS. Acknowledgment, &o., of Deeds for Maine ; Maryland. who executed the ahove [or, foregoing] ooETeyanoe [or, instrument], and acknowledged to me that he did sign, seal, and deliver the same, as his free act and deed, on the day and year therein mentioned, and for the con- sideration, uses, and purposes therein expressed. Iif -wiTNEsa WHEEBOF, I have hereunto set my hand, and affixed my official seal, the day and year aforesaid. [Official seal.'} [Signature and title.] Maine. [The seal must he in wafer or wax. There should he at least one suhscrib ing witness, and it is the practice to have two. A separate examination of a married woman is not necessary ; nor need she acknowledge at all, where she merely joins in executing the deed with her husband to release her dower. The certificate may be annexed or indorsed. The statutes do not authorize proof by subscribing witness, except within the State, in a court of record, when the grantor has died or left the State, or refuses to acknowledge.] I 64. AaJcnowledgment. State oe , ,) County of , town of . ) . ' day of , 18 . Then personally appeared A. B. [and 0, B. hia wife], the persons [or, one of the persons] deaerihed in, and who exe- cuted the foregoing instrument, and [severally] acknowledged that he [or, they] did sign and seal the same, as his [or, their] free aot and deed, before me. [Seal, if any.] [Signature and title.] 65. The Same, iy Attorney in Ih^. State of , > County of . J day of , A. D. 18 . Then the above-named A. B. appeared by his attorney, 0. D., and acknowledged the above-written instrument to be the free aot and deed of the said A. B., before me. [Seal, if any.] [Signature and title.] 66. Acknowledgment of a Deed iy a Corporation. State of , ) ^^ County of . ) day of , A. D. 18 . Then A. B., president, and C. D., E. F., and G. H., directors of the company of , personally appesired and ac- knowledged the foregoing instrument to be the free act and deed of the said company, before me. [Seal, if any.] [Signature and title.] Maryland. [A scroll is a sufficient seal. The statute does not provide for proof by witnesses. A private examination of married women is not necessary.] ACKNOWLEDGMENT AND PEOOF OF DEEDS. 43 Maryland. Massaoliusettji. 67. AeknowUdgment Within the State.{h) State or Maktland, ] County of . ) ' I hereby certify, that on this day of , in the year , before the subscriber [here state style of the officer taking the ackitowledg- ment], personally appeared A. B., and acknowledged the foregoing deed to be his act. [Signature and title.} 68. The Same, hy Muahand and Wife. Statb of Maeyland, ) County of . \ "• I hereby certify, that on this day of , in the year , before the subscriber [here insert the offi,cial style of the jvdge taking the acknow- ledgment} personally appeared A. B., and 0. B. his wife, and did each acknowledge the foregoing deed to be their respective act. [Signature and title.] 69. Achnowledgment TaJcen Without the State. State of , ) County of . j [As in Form 67, except that the attestation will be as follows:} In testi- MONT wnEEEOF, I havc causcd the seal of the court to be affixed [or, have affixed my official seal], this day of , 18 . [Signature, title, and seal.} TO. Affidavit to le Affiaed to Mortgages of Lands, and to Mortgages or Bills of Sale of Personal Property. State of , ) County of . j A. B., of , being duly sworn [or, affirmed], says: That he is the mortgagee [or, vendor, or, one of the mortgagees or vendors] described in, and who executed the within mortgage [or, bill of sale], and that the con- sideration in the said mortgage [or, bill of sale] is true and lonafide, as therein set forth. [Signature of deponent.} Sworn before me, this ) dayof ,18 .| [Signature and title ofofficef.^ Massachusetts. [Tlie seal for a conveyance should be an impression in wax or wafer. A Beal of a court, public office, or corporation, when required by law, may be impressed in on the paper alQne. One subscribing witness is required, in order that the deed may be proved if it should fail to be acknowledged ; but it is the practice to have two. Deeds should be acknowledged by the grantors, or one of them, if there are several. A separate examination of a married (h) This niid the two following forms statute of IMaryland. Code of 1860, art. of acknowledgment are given by the 24, sees. 66-69. 44 ABBOTTS' FORMS. Acknowledgment, &c , of Deeds for Maasaohijsetta ; Michigan. woman is not necessary. Tte certificate may be annexed or indorsed. The' statutes do not authorize proof by subscribing Tvitness, except before a court within the State, when the grantor is dead or has left the State.] 71. Achnowledgment Within t%e State. OoMMOirWBALTH OF MaSSAOHUSETTS, ) County of . f*'' [pate?^ Then personally appeared the within [or, above] named A. B. [and 0. B. his wife], and acknowledged the foregoing instrument to be his [or, their] free act and deed, before me. [Signature and title.] 72. The Same, hy Attorney in Fact. OOMMONWBAT-TH OF MASSACHUSETTS, ) County of . j ' [Date:\ Then A. B., above mentioned to be the attorney of 0. D., above named, personally appeared and acknowledged the above instrument to be the free act and deed of the said C. D. ; and that in subscribing the name and affix- ing the seal of the said 0. D. to the above instrument, he, the said A. B., acted freely, and without any manner of duress. Before me, [Signature and title.'] [Achnowledgment of Deed by Corporation may be lih^ the form given for Maine.] 73. Acknowledgment Without the State.(J) State of , ) County of . j I, M. N., a commissioner for the Commonwealth of Massachusetts, re- siding at , in the county of , and State of , do certify, that on the day of , in the year a. d. 18 , the above-named A. B. personally appeared before me at " , in the county and State aforesaid, and acknowledged the foregoing instrument, by him signed, to be his free act and deed. In witness whereof, I have hereto set my hand and affixed my official seal, at , in the county of , and State of , on this day of , 18 . [Official seal.] [Signature and title.] Michigan. . [A scroll or device is a sufficient seal for a deed, except in cases for which official seals are provided. The seal of a court or public officer may be by im- pression on the paper alone. There should be two subscribing witnesses. Deeds executed within the State must be executed in the presence of two sub- scribing witnesses. The certificate should be indorsed on the deed. The (i) ThiR is the form prescribed by the sachusetts, for commissioners rciiident in executive department of the Sate of Mas- other States. ACKNOWLEDGMENT AND PROOF OF DEEDS. 47f Mioliigan. certificate of acknowledgment of a married woman must strictly pursue the statute. Certifying an examination liad " apart from her husband" does not satisfy the statute, which requires it to be " separately and apart" from him. The former phrase does not exclude the idea of personal presence of the hus- band. And a certificate that she " stated" that she executed, etc., is not enough. This is not to be regarded as equivalent to the word "acknow- ledged."(j) The ofiicer is not authorized to take an acknowledgment through a sworn interpTeter.(/i;) A deed executed without the State may be executed according to the laws of the place of execution ; but in such case, if executed within the United States, and it is not acknowledged before a Michigan com- missioner, there must be annexed a certificate, by a clerk of a court of record, to the authority and signature of the officer, and to the fact that the deed is executed and acknowledged according to the laws of the place. The statutes do not provide for proof by the subscribing witnesses, except within the State, when the grantor is dead or has left the State, or resides abroad. A married " woman residing without the State need not be separately examined.] 74. Acknowledgment Within the State. State of MiomoAif, j County of . j ' Be it eemembeeed, that on this day of , 18 , at , be- fore me, M. N. [a justice of the peace in and for said county ,* personally came the within-named A. B., personally known to me to be the person described in and who executed the within conveyance [or, instrument], and acknowledged the same to be his free act and deed. \SigTuitwre and title.] 75. T7ie Same, hy Susiand and Wife. State of MiomGAN^ ) County of . J ' Be it eemembeeed, that on this day of , 18 , at , before me. M. N. [a justice of the peace in and for said county], personally came the within-named A. B., and 0. B. his wife, personally known to me to be the persons described in, and who executed the within instrument, and ac- knowledged the same to be their free act and deed ; and the said 0. B., wife of the said A. B., on a private (I) examination before me, separately and apart from her said husband, acknowledged that she executed the same freely, and without any fear or compulsion from 18 , personally came before me [giving name and title of officerl M. N., of full age, who, being duly sworn according to law, on his oath saith: [or, who, alleging himself to be conscientiously scrupulous of taking an oath, being duly afiBrmed according to law, on his solemn afBrmation saith :*] That he saw the said A. B., the within-named grantor, sign, seal, and deliver the within convey-' ance [or, instrument], as his voluntary act and deed ; and that he, the said M. N., subscribed bis name to the same at the same time, as an attesting witness. [SigTMture.l 98. Proof wjiere Witness is Dead or Cannot be Obtained. [As in the preceding form to the *, continuing thus .•] That he is well acquainted with the handwritiug of 0. P., one of the subscribing witnesses to the within conveyance [or. of A. B., the within-named grantor],, having frequently seen him write; and that he verily believes the name of tlie said 0. P. [or, A. B.], signed to the same as one of the attesting witnesses [or, as the grantor thereof], is the proper handwriting of the said 0. P. [or, the said A. B.] And deponent further says, that the said 0. P. [or. A. B.] is now dead [or, resides at , in the State of , and cannot be ob- tained to prove — or, acknowledge — the said deed.] [Signature.] 99. Acknowledgment Without the State, (r) State of , ) County of . J Pe it eemembeeed, that on this day of ,18 , before the sub- scriber, a commissioner for the State of New Jersey for taking the acknow- ledgment and proof of deeds, personally came A. B. [and 0. B. his wife], known to me [or, proven to my satisfaction] to be the grantor [or, grantors] in the within conveyance [or, instrument] named ; and the contents thereof being by me first made known to him, he acknowledged that he [or, to them, they acknowledged that they] signed, sealed, and delivered the same as his [or, their] voluntary act and deed. [And the said 0. B , being by me examined privately and apart from her husband, acknowledged that she signed, sealed, and delivered the same freely, without any fear, threat, (r) Tins is tlio form prescribed by the witness mny be drawn by consulting this executive department of the State for Its and tlie preceding form, No. 97. commissi )Ders. Frof ^ by sut)scribing 5i jiBBOlTS' FORMS. AcknowledgmBUt, &o., of Deeds for New Mexico; New York. or compulsion of her said husband.] AH which I certify under my hand and official seal. [Signature and title.'] [ Official seal.] Ne'W Mexico. 100. AcJcnowledgment by a Grantor Personally Known to the Officer. State \or, Tbeeitoet] of County of Be IT EEMEMBEEED, that on this day of ,18 , before me [maiTOmg' court, or officer with his title] pevsonally came * A. B., personally known to me to be the person executing the within [or, foregoing] instrument, and acknowledged that he executed the same for the purposes therein men- tioned.(s) [Signature and title.] [Official seal.] 'j-ss. 101. AcJcnowledgment hy. Grantor Not Personally Known to the Officer. [As in the preceding form to the *, continuing thus:] A. B., the grantor named in the within instrument, and M. N. and 0. P., and the said M. IT. and O. P., being by me severally duly sworn, deposed and said that they knew the said A. B., and that he was the same identical person who exe- cuted the within instrument ; and the said A. B. thereupon acknowledged tiiat he executed the same for the purposes therein mentioned. [Offiicial seal^ [Signature and title.] 102. AcJcnowledgment iy JBusland and Wife. [As in Form 100 to the *, continuing thus:] A. B., and 0. B. his wife, personally known to me to be the persons executing the within [or, forego- ing] instrument [or state proof of identity, as in Form 101], and severally acknowledged that they executed the same, for the purposes therein men- tioned. And the said 0. B.', being first by me informed of the contents of the instrument, did confess, upon an examination independent of her hus- band, that she executed the same voluntarily, and without the compulsion or illicit influence of her husband. [Signature and title.] [Official seal.] Nevr York. [A seal should be an impression on wax or wafer. One subscribing witness is necessary for a grant of lands, unless the instrument is acknowledged by the grantor. Married women conveying their separate estate, acquired since the act of 1848, and those residing without the State and joining their husbands in a deed, need not be separately examined. Certificates of acknowledgment or proof may be annexed or indorsed.(i) It is not the general practice to insert the name of the State in the venue of cer- tificates taken in and for the State, though it is proper to do so, and it always should be inserted in a certificate made in one State to be used in another.] (s) If tidten without the Territory, add, (<) Thurmaa v. Cameron, 24 Wend., In witness, etc., as in Form S3. 87. ACKNOWLEDGMENT AND PROOF OF DEEDS. 55 AoknowIcdgmeuVs for Ne'w York. 103. Acknowledgment Within tlie State hy Orantor Known to the Officer. CotlNTT OF , ss. On this day of , in the year 18 , before me personally came A. B., to me known to be the individual described in, and who executed the within \or, above, or, annexed] conveyance \or, instrument], and ac- knowledged that he executed the same for the purposes therein mentioned. \^Signature and title.] 104. By One of Several Grantors, Known to the Officer. ComJTT 0¥ , ss. On tliis day of , in the year 18 , before me personally came A. B., to me known to be one of the individuals described in, and who executed the within [or, annexed, or, above] conveyance [or, instrument], and acknowledged that he executed the same for the purposes therein mentioned. [Signature and title.] 105. By Two or More Grantors, Known to the Officer. OOTTNTT OF , SS. On tills day of , in the year 18 , before me personally came A. B., 0. D., and E. F., to me known to be the individuals described in, and who executed the within [or, above, or, annexed] conveyance [or, instru- ment], and severally acknowledged that they executed the same, for the purposes therein mentioned. " [Signature and title.] 106. By a Grantor Not Known to the Officer. County of , ss. On this day of ,18 , before me personally came A. B., proven to me satisfactorily to be the individual described in, and who executed the within [or, above, or, foregoing] conveyance [or, instrument], by the oath of M. N., who being by me duly sworn [or, affirmed], did depose and say, that he resided in the city of , in the county of ; that he was acquainted with the said A. B., and that he knew him to bo the same per- son described in, and who executed the within conveyance [or, instrument] ; and thereupon the said A. B. acknowledged before me that he executed the same, for the purposes therein mentioned. [Signature and title.] 107. By Two Grantors, One Known and One Not Known. County of , ss. On this day of ,18 , before me personally came A. B., to me known to be one of the individuals described in, and who executed the within [or, above, or, annexed] conveyance [or, instrument] ; and also per- sonally came C. D., satisfactorily proven to me to be the other individual [or, one of the other individuals] described in, and who executed the same, by the oflth of M, N., who being by me duly sworn [or, affirmed], said that 56 ABBOTTS' FORMS. Aoknowledgment of Deeds, for New York. he resided in the town of , in the county of , and tliat he knew the said 0. D. to be one of the individuals described in, and who executed the said conveyance [or, instrument] ; and thereupon the said A. B. and 0. D. severally acknowledged 'before me that they executed the same, for the purposes therein mentioned. [Signature and title.] 108. By Five Grantors, Two Known and Three Not Known. OOTTNTT OF , SS. On this day of ,18 , before me personally came A. B. and 0. D., to me known to be two of the individuals described in, and who exe- cuted the within [or, above, or, annexed] conveyance [or, instrument] ; and also personally came E. F., G. H., and I. J., satisfactorily proven to me to be three of the individuals described in, and who executed the said con- veyance [or, instrument], by the oath of M. N., who being by me duly sworn [or, affirmed], did depose and say, that he resided in the town of , in the county of , that he was acquainted with the said E. F., G. H., and 1. J., and that he knew them to be the three individuals described in, and who executed the said conveyance [or, instrument] ; and thereupon the said A. B., 0. D., E. F., G. H., and I. J. severally acknowledged before me that they executed the same, for the pui-poses therein mentioned. [Signature and title], 109. JBy Husband and Wife, Known to the Officer. County of , «s. On this day of , 18 , before me personally came A. B., and 0. B. his wife, to me known to be the individuals described in, and who executed the within [or, above, or, annexed] conveyance [or, instrument], and severally acknowledged that they executed the same, for the purposes therein mentioned. And the said 0. B., on a private examination by me made, apart from her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. [Signature and title.] 110. By Two Husbands and their TTraes, Known to the Officer. COTJNTT OP ■ , SS. On this day of , in the year 18 , before me personally came A. B., and 0. B. his wife, and D. E., and F. E. his wife, known to me to be the individuals described in, and who executed the within [or, above, or, annexed] conveyance [or, instrument], and severally acknowledged that they executed the same, for the purposes therein mentioned. And the said 0. B. and F. E , on a private examination by me made, apart from their re- spective husbands, severally acknowledged that they executed the same freely, atd without any fear or compulsion of their respective husbands. [Signature and title.] ACKNOWLEDGMENT AND PROOF OF DEEDS. 57 Wife's AoknoTvledgmeiit. 111. By Smland and Wife, Not Known to the Officer. COFNTT OF , SS. On this day of , 18 , before me personally came A. B., and 0. B. his wife, both pi-oven to me satisfactorily to be the individuals de- scribed in, and who executed the within [or, above, or, annexed] conveyance [or, instrument], by the oath of M. N., who being by me duly sworn [or, affirmed], did depose and say : That he resided in the town of , in the county of ; that he was acquainted with the said A. B., and 0. B. his wife ; that he knew them to be the same persons described in, and who executed the within conveyance [or, instrument] ; and thereupon they sever- ally acknowledged before me that they executed the same, for the purposes therein mentioned. And the said 0. B., on a private examination by me made, apart from her husband, acknowledged that she executed the said conveyance [or, instrument] freely, and without any fear or compulsion of her said husband. [Signature and title.'] 112. By Husband Known, and Wife Not Known, to the Officer. OoTOfTT OF , SS. On this day of , 18 , before me personally came A. B , and 0. B. his wife, the said A. B. being known to me to be one of the indi- viduals described in, and who executed the within [or, above, or, annexed] conveyance [or, instrument] ; and the said 0. B., being proven to me satis; factorily to be one of the individuals described in, and who executed the said conveyance [or, instrument], by the oath of M. N., who being by me duly sworn [or, affirmed]; did depose and say: That he resided in the town of , in the county of ; that he was acquainted with the said 0. B., the wife of the said A. B., and that he knew her to be the same per- son described in, and who executed the said conveyance ; and thereupon the said A. B., and the said 0. B. his wife, severally acknowledged before me that they executed the same, for the purposes therein mentioned. And the said 0. B., on a private examination by me made, apart from her hus- band, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. [Signature and title.'] 113. By Wife, in a Separate Certificate. COTOSTTT OF , SS, On this day of , IS , before me personally came 0. B., wife of A. B., to me known to be one of the individuals described in, and who exe- cuted the within [or, above, or, annexed] conveyance [or, instrument], and acknowledged, on a private examination by me made, apart from her husband, r,hat she executed the same, for the purposes therein mentioned, fively, and without any fear or compulsion of her said husband. [Signature and title.] 58 ABBOTTS' FOEMb. Acknowledgment of Deeds, for New York ; — By Agents und Officer.^. 114. By Huiband, and, Wife, Sesident Without the State. OOCNTY OF , SS. On this day of ,18 , before me personally came A. B., and also 0. B. his wife, who reside at , in the State of , and who are to me known to be the individuals described in and who executed the within [or, above, or, annexed] conveyance [or, instrument], and severally acknowledged that they executed the same, for the purposes therein men- tioned. [Signature and title.] 115. By Attorney in Fact, Known to the Officer. COTTNTT OF , SS. On this day of i 18 i before me personally came A. B., the attorney of 0. D., known to me to be the individual described in, and who as such attorney executed the within [or, above, or, annexed] con- veyance [or, instrument], and acknowledged that he executed the same as the act and deed of 0. D., therein described, and for the purposes therein mentioned, by virtue of a power of attorney duly executed by the said 0. D.. bearing date the day of , in the year 18 [and recorded in the office of the register in and for the city and county of , on the day of , in the year ]. [Signature and titled 116. By Attorney in Fact, Not Known to the Officer. CoTJUTT OP , SS. On this day of > 18 , before me personally came A. B., proven satisfactorily to me to be the individual described in, and who executed the within [or, above, or, annexed] conveyance [or, instrument], as the attorney in fact of 0. D., by the oath of M. N., who being by me duly sworn [or, affirmed], did depose and say : That he resided in the town of , in the county of ; that he was acquainted with the said A. B., and that he knew him to be the individual described in, and who executed the said con- veyance, as the attorney in fact of 0. D. ; and thereupon the said A. B. acknowledged before me that he executed the same as the act and deed of the said 0. D., for the purposes therein mentioned. [Signature and title.] 117. By a Sheriff, Be/eree, or Iieceii:er. County of , sa. On this day of , 18 , before me personally came A. B., sheriff of the county of [or, late sheriff of the county of ; or, referee in the cause within named; or, receiver in, etc.], to me known to be the individual described in, and who executed the within [or, above, or, an- nexed] conveyance [or, instrument], and acknowledged that he executed the same, for the purposes therein mentioned. [Signature and title.^ ACKNOWLEDGMENT AND PEOOF OE DEEDS. 5& Acknowledgment by Officers, &a. 118. By Deputy or Under-sheriff. County of , ss. On tliis day of , 18 , before me personally came A. B., known to me to be the deputy [or, under-sheriflF] of C. D., sheriff of the county of , who is to me known to be the individual described in, and who by his said deputy [or, under-sheriff] executed the within [or, above, or an- nexed] conveyance [or, instrument] ; and the said A. B. acknowledged that he, as deputy [or, under-sheriff] as aforesaid, had executed the same in the name, and as the act and deed of the said sheriff, for the purposes therein mentioned. [Signature and title.} 119. By Executor or Trustee. County of , ss. On this day of , in the year 18 , before me personally came A. B., the executor of the last will and testament [or, trustee of the estate] of 0. D., to me known to be the individual described in, and who executed the within [o7% above, or, annexed] conveyance [or, instrument], and acknow- ledged that he executed the same as such executor [or, trustee] as aforesaid, for the purposes therein mentioned. [Signature and title.\ 120. By a Orantor, After Attaining Majority, to Confirm a Deed Executed During Minority. County of , ss. On this day of , in the year 18 , before me personally came A. B., to me known to be the individual described in and who executed the within [or, above, or, annexed] conveyance, and acknowledged that the said conveyance was formerly executed by him when he was an infant, under twenty-one years of age ; that he has since arrived at fuU age, and is desirous of confirming his former execution •thereof; and he now acknow- ledges that he executed the same, as and for his act and deed, for the pur- poses therein mentioned. [Signature and title.} 121. Proof Within the State, ly Suiscribing Witness Known to the Officer. County of , ss. On this day of , in the year 18 , before me personally came M. N., subscribing witness to the within [or, above, or, annexed] conveyance [or^ instrument], with whom lam personally acquainted, who being by me duly sworn, said that he resided in the city of ; tliat he was ac- quainted * with A. B., and knew him to be the person described in, and who executed the said conveyance [or, instrument]; and that he Saw him execute and deliver (m) the same, and that he acknowledged to hiin, the («) The words "and deliver" are not Stat.,1bS, §§ 12,16.) But tlio provisions inserted in the forms in most common of the New York statute, wliioh require a use, and doubtless are not essential ton subscribing witness (1 /4., 73'i, § 137), re- sufficient certificate to entitle a deed to be quire tiie witness to attest, the execution read in evidence or recorded. (1 Bev. and delivery. 60 ABBOTTS' FORMS. Proof of Deed by Subscribing Witness. said M. K [naming witness], that lie executed and delivered the same (»), and that he, said M. K, thereupon subscribed his name as a witness thereto. [Signature and title.] 122. By Subscrihing Witness, Not Known to the Officer. OOUNTT OF , SS. On this day of , in the year 18 , before me personally came M. N. and O. P. ; and the said O. P., to me known, being by me duly sworn, said that he resided in the city of , that he was acquainted with the said M. N., then present, and knew him to be the same person who was a subscribing witness to the within [or, above, or, annexed] conveyance [or, in- strument], which is to me satisfactory evidence thereof; and the said M. N"., being duly sworn, said tbat he resided in the city of ; that he was acquainted with A. B., and knew him to be the person described in, and who executed the said conveyance [or, instrument] ; that he saw him exe- cute and deliver the same ; and that he acknowledged to him, the said M. N. [naming the witness], that he executed and delivered the same ; and he, the said M. F., thereupon subscribed his name as a witness thereto. [Signature and title.] 123. Proof ly Subscribing Witness, as to fftt^band,and Acinowledgment by Wife, both being Known to the Officer. CODNTT OF , SS. On this day of , in the year 18 , before me personallj- came M. N., subscribing witness to the within [or, above, or, annexed] conveyance [or, instrument], with whom I am personally aoqusiinted, who being by me duly sworn, said tliat he resided in the city of ; that he was ac- quainted with A. B., and knew him to be one of the persons described in, and who executed the said conveyance [or, instrument]; that he saw him execute and deliver the same ; and that he acknowledged to him, the said M. N. [naming witness], that he executed and delivered the same: and that he, said M. N., thereupon subscribed his name as a witness thereto. At the same time, also, appeared before me 0. B., the wife of the said A. B., to me known to be one of the individuals described in, and who executed the aforesaid instrument; and on a private examination by me made, apart from her husband, acknowledged that she executed the said conveyance freely, without any fear or compulsion of her said husband. [Signature and title.] («)) It was lield in Jackson a. Phillips (9 but this is denied in Hollenbacli a. Flem- Cbw., 94) that this clause, "and that he ing (6 5iK, 803). aclmoWhxlged," eti3., is sufficient, without It is the usual practice to insert both saying ?hat the witness saw the execution ; clauses. ACKNOWLEDGMENT AND PROOF OF DEEDS. 61 Proof by Subscribing Witnoas. 124. Proofby Subscribing Witness as to Eushand, and Aahnowledgment ly the Wife, neither She nor Witness being Known to the Officer. County of , ss. On this day of , in the year 18 , before me personally came M. N., subscribing witness to the within [or, above, or, annexed] conveyance [or, instrument], who being by me dnly sworn, said that he resided in the city of , that he was acquainted with -A. B., and knew him to be one of the persons described in, and who executed the said conveyance [or, in- strument] ; that he saw him execute and dehver the same ; and that be ac- knowledged to him, the said M. N. [naming witness}, that he executed and delivered the same ; and that he, the said M. N., thereupon subscribed his name as a witness thereto. At the same time, also, appeared before mo C. B., the wife of the said A. B., who, on a private examination by me made, apart from her husband, acknowledged that she executed the said conveyance [or, instrument] freely, without any fear or compulsion of her said husband. And at the same time, also, appeared before me 0. P., to me known, who being by me duly sworn, said that he resided in the city of ; that he was acquainted with the said M. N., then present, and knew him to be the same person who was a subscribing witness to the said conveyance [or, instrument] ; and that he was also acquainted with the said 0. B., who made the aforesaid acknowledgment, and knew her to be one of the individuals described in, and who executed the said conveyance [or, in- strument], which is to me satisfactory evidence thereof. [Signature and title.] 125. Proof by Subscribing Witness, Known to the Officer, where Grantors are a Husband and Non-resident Wife, CotrilTT OF , ss. On this day of , in the year 18 , before me personally came M. N., subscribing witness to the within [or, above, or, annexed] conveyance [or, instrument], with whom I am personally acquainted, who being by me duly sworn, said that he resided in the city of ; that he was acquainted with A. B., and C. B. his wife, and knew them to be the persons described in, and who executed the within [or, above, or, annexed] conveyance [or, in- strument] ; that the said C. B. resides in the town of , county of , in the State of ; that he saw them execute and deliver the same ; and that they severally acknowledged to him, the said [naming witness], that they executed and delivered the same ; and that he, said M. N., thereupon subscribed his name as a witness thereto. [Signature and title.] 126. By Subscribing Witness, Not Known to the Officer, where Grantors are Eusbamd and Non-resident Wife. CoTJKTT OF , ss. On this day of , in the year 18 , before me personally came M. N. and O. P. ; and the said 0. P., to me laiown, being by me duly sworn, said tbit he resided in the city of ; that he was acquainted with the 62 ABBOTTS' FORMS. Proof of Deed by Witness; — Officer of Corporation. said M. N., then present; and that he knew him to be the same person who was a subscribing witness to the within [or, above, or, annexed] conveyance [or, instrument], which is to me satisfactory evidence thereof; and the said M. N., being by me duly sworn, said that he resided in the city of , in the State of ; that he was acquainted with A. B., and 0. B. his wife, and knew them to be [two of] the persons described in, and who exe- cuted the said conveyance [or, instrument] ; that the said 0. B. resided in the city of , in the State of ; that he saw thei\i execute and de- liver the same ; and that they severally acknowledged to him, the said M. N. [naming witness], that they executed and delivered the same ; and he, the said M. N., thereupon subscribed his name as a witness thereto. [SigTiature and title.] 127. Proof of Deed Executed ly Attorney, hy Subscribing Witness Known to the Officer. OOTTSTT OF , SS. On this day of , in the year 18 , before me personally came M. N., subscribing witness to the within [or, above, or, annexed] convey- ance [or, instrument], with whom I am personally acquainted, who being by me duly sworn, said that he resided in the city of ; that he was acquainted with A. B., attorney of 0. D., and knew him to be the person described in, and who executed the within instrument ; that he saw the said A. B. execute and deliver the same ; and that he acknowledged to him,' the said M. N". [naming witnSss], that he executed the same, as the act and deed of the said 0. D. therein described, by virtue of a power of 'attorney executed hy said 0. D., dated the day of , in the year 18 [and recorded in the office of Register of the city of , on the day of , in the year 18 ]. And that he, the said M. N., thereupon sub- scribed his name as a witness thereto. [Signature and title.] 128. Proof of Deed of a Corporation, Signed by the President, Shown to the Officer. COUITTT 0"F , SS. On this day of , in the year 18 , before me personally came A. B., the President of the 0. Bank, of the city of , with whom I am personally acquainted, who being by me duly sworn, said that he resided in the city of ; that he was the President of the 0. Bank; that he knew the corporate seal of said hank ; that the seal affixed to the within [or, above, or, annexed] conveyance [or, instrument] was such corporate seal ; that it was affixed by order of the Board of Directors of said bank ; and that he signed his name thereto by the like order, as president of said bank. [Signature and title.] 129. The Same of a Deed Signed by the President and Cashier or Secretary, and Proved by the Latter. OOUNTT OP , SS. On this day of , in the year 18 , before me personally came 0. D., sonretary of the E. Insur.mce Company, of the city of , with ACKNOWLEDGMENT AND PKUOF OF DEEDS. 63 Prool'of Corpontto Deed. whom I am personally acquainted, who being by me duly sworn, said that he resided in the city of ; that he was the secretary of the E. Insur- ance Company, of the city of ; that he knew the corporate seal of the said company ; that the seal affixed to the within [or, above, or, annexed] conveyance [or, instrument], was such corporate seal; that it was so affixed by order of the Board of Directors of the said Company ; and that he signed his name thereto by the like order as secretary of the said company. And the said C. D. further said that he was acquainted with A. B., and knew him to be the president of said company; that the signature of the said A. B., subscribed to the said conveyance, was in the genuine handwriting of the said A. B., and was thereto subscribed by the like order of the said Board of Directors, and in the presence of hun, the said 0. D. [Signature and title.'] 130. Proof of a Deed By a Religious Corporation. COOTTTY OF , SS. On the day of , in the year 18 , before me personally came A. B., with whom I am personally acquainted, who being by me duly sworn, said that he resided in the city of , and was the clerk of the [here designate the corporation hy its full title], that he knew the corporate seal of said , and that the seal affixed to the within conveyance was the corporate seal of the said corporation ; that it was affixed by order of the Board of Trustees [or otherwise] of the said corporation, and that he signed his name thereto by their order, as clerk of said corporation. [Signature and title.] 131. The Same, of a Deed Signed Iv the Sector, and Proved hy the Cleric. County of , s«. On this day of , in the year 18 , before me personally came A. B., with whom I am personally acquainted, who being by me duly sworn, said that he" resided in the city of ; that he was clerk of the Protestant Episcopal Church of , in the city of ; that he knew the corporate seal of said corporation ; that the seal affixed to the foregoing instrument was the corporate seal of said corporation ; that it was affixed by order of the said corporation, and that he signed his name thereto by the like order, as clerk of said corporation. And the said A. B. further said, that he was acquainted with the Rev. 0. D., and knew him to be the rec- tor of the said the Protestant Episcopal Church of , of the city of New York ; that the signature of the said Rev. 0. D., subscribed to the ■said instrument, was in the genuine handwriting of the said Rev. 0. D., and was thereto subscribed by the like order of the said corporation, and in the presence of the aforesaid A. B. [Signature and title.] 132. Proof of Deed hy Municipal Corporation. OomsfTY OP , ss. On this day of , 18 , before me personally came M. K, known to me to be the clerk of the Common Council of the city of , whc 6i ABBOTTS' FORMS. Proceedings to compel Proof of Deed. being by me duly sworn, deposed that he resided in said city; that the seal affixed to the foregoing instrument is the common seal of the corpora- tion of the city of , and was so affixed by order of the Common Council of said city, which is to me satisfactory evidence of its due execu- tion. [Signature and title.] 133. Petition for a Subpoena to Compel a Subscribing Witness to Prove the Execution of a Conveyance. To Hon. M. K, county judge of the county of The petition of Y. Z. respectfully shows, that one A. B. executed and delivered to your petitioner \or, to "W. X., since deceased, and of whom your petitioner is heir, or, executor, etc., — or, to W. X., under whom your petitioner claims title to the land hereinafter mentioned]— a conveyance of lands situate at , within this State, the execution of which by A. B. has not been acknowledged or proved; and that O. P., who resides at , in said county of , is a witness to the execution of said deed ; that said A. B. has died since the execution and delivery of said deed [or, is absent from this State, being now at ] ; that the execution of the said deed cannot be proved without the evidence of the said 0. P. ; that your petitioner hfe applied to the said O. P., and requested him to testify touch- ing the execution of the said deed, and that the said O. P. has refused to appear and testify touching the execution tliereof, notwithstanding your petitioner has called on the said O. P. in company with an officer empowered to take the proof of the execution thereof (ra) Wheeeeoeb your petitioner prays that a subpcena be issued requiring such witness to appear and testify before you touching the execution and delivery of said conveyance. [Signature of petitioner.'] 134. Yerification of Foregoing. CotlNTT OF , ss. A. B., being duly sworn, says that he has read [or, heard read] the fore- going petition subscribed by him, and knows the contents thereof, and that the same are true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. [Signature.] Sworn before me, this day) 1 of , 18 . i [Signature and title of officer administering oath.] 135. Subpoena for a Subscribing Witness to Appear and Testify. To O. P., of the town of , county of In the name of the people of the State of New York, you are hereby summoned to appear before riie, at my office, [or, at the courthouse, or (w) The allegations that the grantor is has called on the witness with an officer, dead or absent, and that tlie petitioner aro usual, but not essential. ACKNOWLEDGMENT AND PROOF OF DEEDS. 65 Proceedin^a to compel Proof of Deed. Other place] in the village of , in said county, on the day of , 18 , at o'clocli:, in the noon, to testify touching the execution of a conveyance from one A. B. to Y. Z., to which you are a subscribing wit^ aess, as appears by the application of the said Y. Z., made to me under oath. Whereof, fail not. Given under my hand, this day of , 18 . [Signature and title of judge.] 1S6. Affidavit of Service of Subpxna. COTTNTT OF , S». H. K., being duly sworn, says that, on the day of ' , 18 , at in said county, he served the within [or, above, or, annexed] subpoena per- sonally on O. P., therein named, by then and there showing to him the said original subpoena, and at the same time giving to, and leaving with him a copy of the same, and at the same time and place paying [or, tendering] Mm cents, his fees. [Signature of deponent.] Sworn before me, this day ) of , 18 . 5 [Signature and title of officer administering oath.] 137. Warrant to Attach Witness Not Appearing: To the Sheriff of the county of , greeting : Isr THE NAME of the people of the State of New York, you are hereby commanded forthwith to apprehend and take into custody A. B., of your county, and bring him before nie, M. N-, county judge of said county, at my office [or, at the courthouse] in the village of , in the county of , to testifytouohing the execution of a conveyance of real estate made by A. B. to Y. Z., to which deed of conveyance the said O. P. is a subscribing witness, as it has been duly made to appear to me ; the said 0. P. having been duly subpoenaed to be and appear before me, and to tes- tify touching the same, and having neglected [or, refused] to attend in pur- suance of said subpoena. Given under my hand and seal this day of , 18 . [Seal.] [Signature and title.] 138. Commitment of Witness Refusing to Testify. The people of the State of New York, to any constable of the county of , greeting: Whereas, 0. P., who resides in the town of , and county aforesaid, having been brought before me on a warrant [or, where the witness appearn in pursuance of the subpcena, say : having this day appeared before me, in pursuance of a subpoena by me issued] requiring him to appear and testify touching the execution of a conveyance of real estate, from A. B. to Y. Z., to which the said O. P. is a subscribing witness, and having, although duly required, refused, without excuse, to answer upon oath, touching the matters aforesaid [or, if the commitment is made on account of the refusal of the witness to answer a particular question, deemed pertinent hy the officer, state 5 ABBOTTS' FORMS. Proof by Handwriting, Acknowledgment Without the State. it thus : the following question, touching the execution of the said con- veyance [here set it forth]. Now, thkbbfoeb, you are commanded forth- with to commit and deliver the said 0. P. to the sheriff of ihe said county of , who is required to receive the said O. P., and to commit and im- prison him in the jail of the said coucty, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath, as aforesaid, or be discharged according to law. GrvEN under my hand and seal, this day of , 18 . [Seal.] [Signature and title.] 139. Proof iy handwriting, Where the Subscribing Witnesses a/re Dead, (x) COTJNTT OP , ss. On this day of , in the year 18 , before me personally came M. N., to me known, who being by me duly sworn, and the within [or, above, or, annexed] conveyance [or, instrument] being shown to him, did depose and say, that he resided at , in ; that he knew A. B., the person described therein as grantor [or, as a party thereto] ; that he had frequently seen Mm write, and knew his handwriting; and that the name of the said grantor, subscribed to the said conveyance, was in the proper handwriting of the said A. B. And the said M. N. further on his oath said, that he was well acquainted with O. P., one of the subscribing wit- nesses to the said conveyance, and had frequently seen him write, and knew his handwriting; that the said 0. P. at the time of the date of said deed resided in the city of New York, and has been dead about years ; and that the name of the said 0. P., deceased, subscribed as a witness to said conveyance, is in Ms propei' handwriting. And the said M. N. further on Ms oath said, that he was well acquainted with one Q. B., another subscribing witness, who at the date of said conveyance resided in the city of ; that the said Q. R. died at , in the year 18 , and since the date of said conveyance ; that he^ the said M. N., was not ect quainted with the handwriting of the said Q. R. And I hereby certify, that the aforesaid deposition of the said M. N". is to me satisfactory evidence of the death of all the witnesses to the within conveyance, and of the hand- writing of 0. P., one of the said witnesses, and of the handwriting of A. B., the grantor therein named. ' [Signature and title.] 140. Acknowledgment or Brpof Without the State. State of , \ County of . I ' Be it bemembbeed, that on this day of ,18 , at [naming the city or town, and the county where the acknowledgment or proof is taken], before me the undersigned, a commissioner resident at , appointed by the executive authority and under the laws of the (a;) Commissioners of deeds .and county Supreme Court, are n,Qt authorized to take judges not of the degree of counsel in the this proof. ACKNOWLEDGMENT AND PROOF OF DEEDS. 67 County Clerk's Certifiottte. Acknowledgment for JNorth Carolina. State of New York, and duly qualified to take acknowledgment and proof of deeds in said , to be used and recorded in the said State of New York, personally came \Jiere proceed as in any of the preceding forms of acknowledgment or proof appropriate to the case, adding at the end the following attestation :} Im witness wheeeof, I have hereunto set my hand and affixed my official seal, the day and year first above written. [Signature and title.] [Seal] 141. Authentication ly County Glerik, to he Annexed to Certificate of Ae- Tcnowledgment or Proof for Another State, Taken According to the Laws of This State. State of New York, ) Gountj-of . I I, R. S., clerk of the said county and of the Supreme Court, being a court of record held therein, do hereby certify that M. N., whose name Is subscribed to the certiiloate of proof or acknowledgment of the annexed instrument in writing, and indorsed thereon [or, annexed thereto], was, at the time of taking such proof or acknowledgment, a [commissioner of deeds] in and for the city aforesaid, dwelling in the said city, and duly authorized to take the same ; and that I am well acquainted with the handwriting of the said [commissioner], and verily believe that the signature to the said cer- tificate of proof or acknowledgment is genuine, and that the said instrument is [executed and] acknowledged according to the laws of the State of New York. In testimont wheeeof, I have hereunto set my hand and affixed my official seal, as county clerk and clerk of said court, this day of , 18 • [Signature and title.] [Seal.] North Caurolina. [A scroll is a sufficient seal for a deed. One witness is usual.] 142. AcJcnowledgment Within the State. State of Noeth Carolina, to wit, [date]. Before me, one of the judges of the Supreme Court [or other judge or clerk], came A. B., * the grantor or vendor la the foregoing deed, and ac- knowledged the execution thereof [Signature and title.] 143. The Same, by Eusband and Wife. [As in the preceding form to the *, continuing thus:] and C. B. his wife, the bargainors in the foregoing deed, and acknowledged the execution thereof; she, the said C. B., being first privily examined by me apart from her said husband, touching the execution thereof, and acknowledging that she executed the same freely and of her own accord, without fear or com- pulsion of her said husband, and that she voluntarily assents thereto. Let it be recorded. [Signature and title.] 68 ABBOTTS' FORMS. Acknowledgment, etc., of Deeds for North Cnrolina. 144. Proof ly Subscribing Witness. [As in Form 142 to the * continuing thus .■] to me personally known, wlio being by me duly sworn, duly proves the execution thereof, for the purposes thereiu expressed. [Signature and tith.] 145. Achnowledgment [or Proof](y) Without the State, Be/ore a Judge of Another State. State of , day of ,18 Before me, M. N., judge of the Superior Court of law [or other court, as the case may be], for , in the State aforesaid, personally came * A. B. and 0. B., the bai-gainors in the foregoing deed [or, power of attorney], and acknowledged the execution thereof ; she, the said 0. B., being first exam- ined by me, privily and apart from her husband, the said A. B., touching the execution thereof, and it appearing that she hath executed the same freely and of her own accord, without fear or compulsion of the said A. B. her husband and she doth voluntarily assent thereto. Let it.be recorded. M. K., Judge, etc. 146. Authentication of the Foregoing.{z) Commonwealth [or, Tbeeitoey] of To ALL to whom these presents shall come, greeting : Know you, that M. N., whose name is signed to the foregoing certificate of acknowledgment [or, proof], was at the date of said certificate, and now iS, a judge of the Superior Court of law [or otherwise] in this State [or, Commonwealth, or Territory], duly commissioned and qualified, and acting, and that full faith and credit are due to his official acts as such. In TESirMONT wHEHEOE, these presents are sealed with the seal of the State [or. Commonwealth, or. Territory]. ■Witness , Esquire, our Governor, at , this day of , in IState or Ter- the year of our Lord , and of the State [or, Com- ritorial seal.] monwealth, or, Territory] the [Signature and title.] 147. AcTcnowledgment or Proof, Without the State, Before a Commissioner. State of , 1 County of . ) ' On this day of , in the year of our Lord 18 , before me, M, N., a commissioner, appointed by the State of Forth Carolina, in and for the State of , personally came [continuing as in Form 14,5, from the *]. In witness whereof, I have hereunto set my hand and affixed iny official seal, the day and year above written. [Signature and title.] [Seal.]. ly) ProDf by witness may be drawn by State or Territory in 'wliioh the aoknow- substituting the substance of the preoed- ledgment or proof is taken ; or, if in the ing form, 144, in place of the latter part District of Columbia, by the Secretary of »f the ab^ve. State. (gi) This is to be by the governor of the ACKNOWLEDGMENT AND PKOOF OF DEEDS. 69 Acknowledgment for Ohio. Ohio. [A seal or a scroll made with the pen is requisite to a deed, and the signing and sealing must be acknowledged by the grantor in the presence of two wit- nesses, who must attest the signing and sealing, and subscribe such attestation ; and the signing and sealing must also be acknowledged by the grantor before the proper oliicer. The certificate of acknowledgment, if taken within the State, must be written on the same paper with the instrumented) A d^ed ex- ecuted and acknowledged without the State may be done in conformity with the laws of the place of execution. Certificates of acknowledgment are re- quired to show distinctly the official character of the officer making them.] 148. Acknowledgment Within the State. State of Ohio, ) County of .S ' Beeoeb me, M. N., a justice of the peace, in and for said county [or, judge of court, .or other officer; as the cam mwy 5e], personally ap- peared the within [or, above] named A. B., and acknowledged the signing and sealing of the within [or, above] conveyance [or, power of attorney, or, mortgage, or, lease, or other instrument] to be his voluntary act and deed, this day of , 18 . [Signature and titled 149. The Same, ly Husiand and Wife. StatA of Ohio, ( County of . 1 ' Befoeb me, M. N., a justice of the peace in and for said county [or, judge of the court, or other officer, as the case may le], personally appeared the within [or, above] named A. B., and C. B. his wife, and acknowledged the signing and sealing of the within [or, above] conveyance [or, power ol attorney, or, mortgage, or, lease, or other instrument} , to be their voluntai-y act and deed ; and the said 0. B. being at the same time examined by me, separate and apart from her said husband, and the contents of said deed [or, iastrument] being made known to her by me, she then declared that she did voluntarily sign, seal, and acknowledge the same, and that she is s1;ill satisfied therewith ; this day of , a. d. 1 8 . [Signature and title."] 150. Aehnotcledgment Without the State, iy a Single Person.{b) Statk op , ) ^^_ County of . ) ' Before 'ME, M. N., a commissioner of the State of Ohio, resident in said State and county, personally appeared the within [or, above] named A. B., (a) Acto/lS'il; Chase's Stats., \UZ. A (*) This nnd tine two following forms certificate on a separate paper, tliongli it are tliose prescribed by the executive be affixed witli a wafer, is void. Winkler anthority for the guidance of the com- e. Iliggins, 9 OUo itat,, 599. A defect in missioners of the State, this respect, however, is amendable. Laws (// 18()0, chap. -914. 70 ABBOTTS' FORMS. Ackuowledgment, &o., of Deeds for Ohio ; Oregon. and acknowledged the signing and sealing of the within [or, above] convey- ance [or, power of attorney, or, mortgage, or, lease, or, instrument] to be his voluntary act and deed ; this day of , a. d. 186 . [Seal] [Signature and title.] 151. The Same, Iry HmbanB, and, Wife. StatSi op , ) County. ) Bkfoeb iME, M. N., a commissioner of the State of Ohio, resident in said State and county, appeared the within [or, above] named A. B., and 0. B. his wife, and acknowledged the signing and sealing of the within [or, above] conveyance [or, power of attorney, or, mortgage, or, lease, or, instrument] to be their voluntary act and deed ; and the said 0. B. being at the same time examined by me, separate and apart from her husband, and the con- tents of said instrument made known to her by me, she then declared that she did voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith; this day of , a. d. 186 . [Seal^ [Signature and title.] 152. The Same, by an Attorney in Fact. State of , ) County of . ) " ' Befoke me, M. F., commissioner of the State of Ohio, resident in said State and county, appeared the within [or, above] named [here insert the name of the principal], by his attorney in fact, the within-named A. B., and acknowledged the signing and sealing of the within conveyance [or, in- strument] to be his voluntary act and deed, and the voluntary act and deed of the said A. B., as said attorney ; this day of a. d. 186 . [Seal.] [Signature and title.] Oregon. , [Deeds executed vrithin the State, of lands therein, must be executed in pres- ence of two subscribing witnesses. The acknowledgment should be indorsed on the instrument. Deeds executed without the State may be executed and acknowledged according to the laws of the State or Territory, this fact being certified by a clerk or other certifying officer of a court of record. A married woman residing without the State need not be separately examined. For proceedings for compulsory proof or proof by handwriting, see forms given under New Yoke.] 153. Acknowledgment by Orantor, Known to the Officer. CoUNTf OF , SS. On this day of , in the year 18 , before me personally came A. B., to me known to be the individual described in, and who executed the within [07; foregoing] conveyance [or, bond, or, letter of attorney, or, instrument in writing], and acknowledged that he executed the same, for ^he uses and purposes therein mentioned. [Signature and title.] ACKNOWLEDGMENT AND PKOOF OF DEEDS. 71 Oregon. * 154. Aehowledgment by Grantor, Not Known to tlie Officer, OoDNTY OF , SS. On this day of , In the year 18 , hefore me personally came a. B., proven to me satisfactorily to he the individual described in, and who executed the -within [or, foregoing] conveyance, by the oath of M. N. [subscrihing witness thereto], who being by me duly sworn, did depose and say that he resided in , in the county of ; that he -was acquainted with the said A. B., and that he knew him to be the individual described in, and who executed the within [or, foregoing] conveyance ; and thereupon the said A. B. acknowledged that he executed the same, for the uses and pur- poses therein mentioned. [Signature and title.] 155. By Husband and Wife, Resident and Known to the Officer. County of , ss. On this day of , 18 , before me personally came A. B., and C. B. his wife, to me known to be the individuals described in, and who executed the within [or, foregoing] conveyance, and acknowledged that they executed the same, for the uses and purposes therein mentioned. And the said 0. B. acknowledged, on a private examination by me made, separate and apart from her husband, that she executed the said conveyance freely, and without any fear or compulsion from any one. [Signature and titU.[ 156. Proof by Subscribing Witness, Known to the Officer. OODITTT OF , ss. On this day of ,18 , before me personally came M. N., sub- scribing witness to the within [or, foregoing] conveyance, to me personally known, who being by me duly sworn, did dep6se and say *, that he resided in the town of ,in the county of ; that he knew A. B., the in- dividual described in, and who executed the said conveyance ; that he was present and saw the said A. B. execute [and deliver] the same, as and for his act and deed; and that the said A. B. acknowledged the execution tl^ereof : whereupon the said M. N. became the subscribing witness thereto. [Signature and title.] 157. By Subscribing Witness, Not Known to the Officer. CouurT OF _ , ss. On this day of ,18 , before me personally came M. N. and O. P. ; and the said O. P., to me known, being by me duly sworn, did de- pose and say, that he resided in the town of , in the county of ; that he was acquainted with the said M. N., and that he knew him to be the same person who was a subscribing witness to the within conveyance, which is to me satisfactory evidence thereof; and the said M. N., being by me duly sworn, deposed and said [continuing as in preceding form from the *]. 72 ABBOTTS' FOEMS. Acknowledgment of Deeds for Pennsylvania. Pennsylvania. [A scroll is a sufficient private seal for a deed. Witnesses are not expressly required, but it is the practice to have two. The certificates have been usually made under seal, within as well as without the State ; but this is not necessary within the State.(c)] 168. Aehnowledgment Within or Without the State. Commonwealth of Pennstlvahia, "I County of . j ' Be it eemembbked, that on this day of , a. d. 18 , before me the subscriber,' a justice of the peace of [or, a judge of the Court of , — or, one of the aldermen of the city of ], personally appeared * A. B., the grantor in the foregoing indenture \or, deed, or, conveyance] named, and in due form of law acknowledged the said indenture to be his act and deed, and desired that the same, as such, might be recorded according to law. In testimony whbebop, I have hereunto set my hand and seal, the day and year last above named. [Signature and, title,} [Seal] 159. The Same, hy Susband and Wife. Commonwealth of Pennsylvania, 1 County of . j ' Be it eemkmbek'ed, that on this day of , 18 , before me [one of the judges of the Supreme Court], personally came A. B., and C. B. his wife, and severally acknowledged the above deed [or, conveyance], to be their act and deed, and desired that the same might be recorded as such ; and the said C. B., being of full age, on a private examination by me sep- arate and apart from her husband, the contents of the said deed being first made fully known to her, declared that she did voluntarily, and of her own free will and accord, seal, aLd, as her own free act and deed, deliver the said deed [or, conveyance], without any coercion or compulsion of her said husband. In testimony wheebof, I have hereunto set my hand and seal, the day and year last above named. [Signature and title.] [Seal] 160j By an Attorney in Fact. State of Pennsylvania, ) County of . ) ' Be it eemembeeed, that on this day of 18 , before me [one of the justices of the peace in and for the said county] personally came the above-named A. B.,* and in his own name and in the name of his constitu- (c) Purd. Dig., 313, § 19. ACKNOWLEDGMENT AND PROOF OF DEEDS. 73 Pennsylvania. Kliode Inland. ents, the above-named 0. D. and E. F., in due form of law, acknowledged the above-written indenture to be his own act and deed and the act and deed of his constituents, the said 0. D. and E. F., by him, the said A. B., doae and executed by virtue of a power of attorney, to him, for that pur- pose, bearing date the day of , 18 , granted, to the end that the same might be as such recorded. In testimony [eic, as in preceding fomil. 161. The Same, on Behalf of a Corporation. [As in the preceding, form to the *, continuing thus .•] president of the above-named corporation, who being duly sworn deposes and says, that he was personally present at the execution of the above-written indenture \or other instrument], and saw the common seal of the said {naming the cor- poration] duly aiSxed thereto ; and that the seal so affixed is the common and corporate seal of the said ; and that the above-written indenture \or other instrument] was duly sealed and delivered by him, as and for the act and deed of the said corporation of the , for the uses and purposes therein mentioned ; and that the name of this deponent, subscribed to said deed as the president of said corporation, in attestation of the due execu- tion and delivery of said deed, is of this deponent's proper handwriting. {Signature of deponent^ Sworn and subscribed before me, this day of , 18 . [Signature, title, and seal of officer^ 162. Achrtowledgment of Certificate, ly Special Partners. [As in Form 158 to the", continuing thus:] A. B., 0. D., and E. F., who severally, in due form of law, acknowledged the foregoing certificate as and for their and each of their act and deed, to the end that the same might be recorded as such. In testimont [etc., as in Form 159.] Rhode Island. [A seal should be by impression upon wafer or wax, though where a seal of a court or public office is required it may be made on .the paper alone. Two witnesses are usual. There is no provision for proof by witnesses ex- cept within the State before a court of record.] 163. Acknowledgment Within the State. State of Rhodk Island, the day of , 18 . Providence, to wit: Then personally appeared the within-named A. B., and acknowledged the within instrument to be his fi*ee voluntary act and deed, hand ani] seal, before me. [Signature and title.] Tit ABBOTTS' FORMS. Acknowledgment, &o., of Deeds, for Kliode Island. South Carolina. 164. The Same, ly Husband and Wife. [As in the preceding form, adding at the end the following :' and after- wards, on the same day, came 0. B., wife of the said A. B., and was hy me examined privily and apart from her said hushand, when the said above- written instrument by her subscribed, was shown aind explained to her by me, when she declared to me that the same was her free voluntary act and deed, hand and seal and that she did not wish to retract the same. [Signature and title.] 165. Acknowledgment of a Separate Seletise of Dower. State of Rhode Islaitd, day of , 18 . Providence, to wit : Peesoktallt appeased the within-named 0. B., wife of A. B., and being examined by me privily and apart fi'om her husband, and having the within [or, foregoing] instrument then shown and explained to her by me, acknowledged the same to be her voluntary act and deed, hand and seal, in release of her dower interest in the lands therein men- tioned, and that she did not wish to retract the same. Before me, [Signature and title.'} State of County of 166. Aehnowledgment Without the State. '\ss. Bb it ebmembeeed, that on the day of , in theyear one thousand eight hundred and , hefore me, the undersigned M. N. , a com- missioner, resident in , duly commissioned and qualified by the ex- ecutive authority and under the laws of the State of Rhode Island to take the acknowledgment of deeds, etc., to be used or recorded therein, person- ally appeared [etc., continuing as in preceding forms]. In witness wheeeof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. [Signature and title.] [Seal] South Carolina. [A scroll is a sufficient private seal for a deed. Two witnesses are usual. The practice within the State is, to prove by a witness in all cases, not resort- ing to acknowledgment, except in the case of married women. The witness signs the certificate of proof.] 167. Proof hy Subscribing Witness. State of , > District [or. County] of . } Be it EEiiEMBEiiED, that on this day of , 18 , before di» [here gite name and title of officer] personally appeared * M. N., with whom I am personally acquainted, and made oath that he saw the within-named A. B. sign, seal, and, as his act and deed, deliver the within deed for the uses and purposes therein mentioned; and that he [with 0. P., in the presence ACKNOWLEDGMENT AND PROOF OF DEEDS. 75 South Garolmn. of each other] subscribed his name as a witness of the due execution there- of. [Signature of witness.] Sworn to before me this day of , [as witness my hand and offi- cial seal].(^ [&flsi.] [Signature and title of officer.] 168. Acknowledgment of Release of Dower. (e) State op , ) District [or, County] of .) ' I, J. P. [here give name and offleial title of the officer], do hereby certify nnto all to whom it may concern, that C. Bjj the wife of the within-named A. B., did this day appear before me, and upon being privately and sep- arately examined by me, did declare that she does freely, voluntarily, and without any compulsion, dread, or fear of any person or persons whomso- ever, renounce, release, and forever relinquish unto the within-named Y. Z., his heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to all and singular the premises within mentioned and released. Given under my hand and seai, this day of , a. d. one thousand eight hundred and . [Signature of wife.] [Signature, title, and seal of officer.] 169. Achnowledgment of Renunciation of Inheritance. State op , ) District [or, County] of . j ' I., J. P. [here give name and official title of the officer], do hereby certify unto all whom it may concern, that C. B., the wife of the within-named A. B., did this day appear before me, and upon being privately and sep- arately examined by me, did declare that she [did actually join her said husband in executing the within release, and that the same was positively and iona-fide executed, at lepst seven days before this her examination, find that she did then, and still at this tirne(/)] does freely, voluntarily, and with- out any manner of compulsion, dread, or fear of any person or persons whomsoever, renounce, release, and forever relinquish unto the within- named Y. Z., his heirs and assigns, all her estate, interest, and inheritance in all and singular the premises within mentioned and released. Given under my hand and seal, this day of , a. d. one thousand eight hundred and [Signature, title, and seal [Signature of wife.] of officer.] (<<) The words in brackets here, and the (/) Tliese "words iu brnokets are only seal, are not called for unless the proof ia appropriate to be inserted where the wife taken without the State. conveys by a separate instrument from {e) This form is given by statute. her husband. 76 ABBOTTS' FORMS. Acknowledgment, &o., of Deeds, for Tennessee. 170. Achnowledgment by Single Orantor Without the State. [As in Form 167 to the *, continuing thus:] A. B., the grantor in the within conveyance named, and acknowledged that he did sign, seal, and deliver the same, as his free act and deed, for the uses and purposes therein mentioned. Given under my hand and seal, this day of , a. d. one thousand eight hundred and [Seal.] [Signature and title." Tennessee. [A scroll, or the word " seal" written after the signature, is a sufficient seal. Two subscribing witnesses axe necessary in order to prove the execution.] 171. AcTcnowledgment. Statb of County of On this day of , at , personally appeared before me [A«r« give name and title of officer] * the within-named bargainor, with whom I am personally acquainted {g), and who acknowledged that he executed the within instrument for the purposes therein contained. Witness my hand and seal, the day and year first above written. {8eal^{h) [Signature and title.'] 172. The Same, by Husband and Wife. [As in the preceding form, adding at the end the following :] And 0. B., the wife of the said A. B., having appeared before me privately and apart from her husband, the said 0. B., acknowledged the execution of the said deed to have been done by her freely, voluntarily, and nnderstandingly, without compulsion or constraint from her said husband, and for the pur- poses therein expressed. Witness [etc., g^ in preceding form], 173. Proof by Witnesses. As in Form 171 to the *, continuing thus :] M. N. and 0. P., subscrihing witnesses to the within deed, who being first sworn, deposed and said that they are acquainted with A. B., the bargainor [or as the case may be], and that he acknowledged the same in their presence to be his act and deed upon the day it bears date [or stating the time as proved by the u)itnesses].(i) Witness [etc., as in Form 171]. (g) T!ie words "with wViom I am per- certificate to-tlie judge's official character, Bonally acquainted" are of the substance which may be by the clerk under the seal of the probate. Johnson v. Walton, 1 of the clerlt, or, if he have none, under Sneedy 258. • 'his private seal. (A) The seal is unnecessary if the ac- (i) As to the necessity of stating the knowledgment be made before a judge ; tipje, see the rule adopted in Alabama, but in such case there must be" annexed a supra, p. 21, and note (i). AOKNDWEEDGHEJST AND TKUOF OF DEEDS. 77 For Texas. Texas. [A scroll is a sufficient seal for deeds, provided that tlie person executing, in the body of the instrument recognizes the scroll as having been affixed by way of seal. Two subscribing witnesses are usual. The certificates must in all cases be under seal.] 174. Achnowledgmemt. State of County of Be IT EEMEMBERED, that on this day of ,18 , before me [^jdit?^ name and title of officer] personally appeared A. B., to me personally known to be the individual described in, and who executed the foregoing instru- ment, and acknowledged that he executed the same for the consideration, use, and purposes therein stated. Witness my hand and seal, the day and year first above written. [Seal.l {Signature and title.] 175. Acknowledgment by Wife, of Deed by Her Husband and Herself, of Her Separate Property. {j) State oi , ) r 88 County of . ) ' Befoeb me, judge of [or, notary public of] county, personally ap- peared C. B., wife of A. B., party to a certain deed or writing, bearing date on the day of , and hereunto annexed ; and having been ex- amined by me privily and apart from her husband, and having the same fully explained to her, she, the said C. B., acknowledged the same to be her act and deed, and declared that she had willingly signed, sealed, and de- livered the same, and that she wished not to retract it , to certify which, I hereto sign my name and afiix ray seal, this day of , a. d. [Signature and seal.] 176. Proof by Subscribing Witness State oe , ) County of . 5 ' Be it EEMEMBERED, that On this day of > 18 , before me [giving name and title ofofflxier] personally appeared M. N. [and 0. P., naming one or more], personally known to me to be [one of] the subscribing witnesses to the within [or, foregoing] deed [or, instrument] ; and being by me duly sworn, stated that he [or, they] saw the grantor [or, person who executed such instrument] subscribe the same [or, that the grantor or person who executed such instrument of writing acknowledged in his or their presence that he had subscribed and executed the same] for the purposes and con- sideration therein stated, and that he [or, they] had signed the same as {j) This form is declared sufficient by tl:e statute. Oldh. d W. Dig., 72. 78 ABBOTTS' FOEMS. Acknowledgment, &a,, of Deeds for Vermont ; Virginia. witnesses, at the request of the grantor [or, person who executed such in- strument]. Witness my hand and seal, the day and year first ahove written. ^Seal.] [Signature and title.'] Vermont. [The seal for a conveyance should he an impression upon wafer or wax. Of- ficial seals and seals of court may be on the paper alone. Two subscribing witnesses are required. Married women need not be separately examined. Within the State, deeds, etc., must be actnoiyledged. There is no provisipn for proof by Tyitnesses within the State, except before a court where the grantor is dead or has departed. Acknowledgment or proof made without the State, if certified agreeably to the laws of the place where it is made, is valid.] 1T7. Acknowledgment. State of , 1 County of . ) The day of , 18 . Then personally appeared A. B. [and 0. B. his wife], to me known, and [severally] acknowledged the within instrument by him [or, them] signed and sealed, to be his [or, their] free act and deed, before me. [Signature and title.] 178. Acknowledgment ly Agent of Oorporationijc), State op , 1 County of , 1 The day of , 18 . Then personally appeared A. B., within named to be the agent of the within-named 0. D. Company, and acknow- ledged the within-written instrument to be the free act and deed of the said 0. D. Company. [Signature and title.] Virginia. [A scroll is a suflBcient private seal for a deed. If the deed is acknowledged, no witnesses are necessary. Deeds may be proved within the State by two witnesses. A separate certificate is made for the acknowledgment of a mar- ried woman.] 179. Acknowledgment. State of , } County of . J I, M. M., a commissioner appointed by the governor of the State-of Vir- ginia, for the State of New York [or, if taken within the State, a notary public for the county of , in the State of Virginia; — or, We, M. N. and O. P., two justices of the peace in and for the county of , in the Stale of Virginia], do hereby certify that * A. B., whose name is signed to the writing above, bearing date on the day of ,18 , has acknowledged (i) This form is sustained by MeDaniels v. Flower Brook Manf. Co., 22 Verm., 274. AUJiiN u vv LjijUSHHRT'^^^^Ke^F OF DEEDS. 79 Virginia. Wiishiiigton Territory. the same before me at [or, before me m my county ; — or, before ug in our county aforesaid]. Given under my hand and ofEoial seal [or, under our hands], this day of , 18 . [Seal, if any.] [Signature and title.] 180. Acknowledgment ly Married Woman. [Aa in preceding form to the *, continuing thus :] 0. B., the wife of A. B., ■whose names are signed to the writing above, bearing date the day of , 18 , personally appeared before me [or, us], in the county and State aforesaid ; and being examined by me [or, by us], privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said 0. B., acknowledged the said writing to be her act, and de- clared that she had willingly executed the same, and does not wish to re- tract it. GrvEiT under my hand and official seal [or, under our hands], this day of , one thousand eight hundred and [Seal, if any.] [Signature and title.] ■Washington Territory. [Two witnesses are necessary. There is no provision for proof by the wit- nesses.] 181. Aclmowledgment. State op , 1 County of . f ' On this day of 18 , before me [here give name and title of of ficer] personally came A. B., known to me to be the individual described in, and who executed the within [or, foregoing] conveyance, and acknow- ledged that he signed, sealed, and delivered the same as his free and volun- tary act and deed, for the uses and purposes therein mentioned. WrrNESs my hand [and official seal] the day and year first above written. [Seal, if any.] [Signi^ture and title.] 182. Achnowhdgment by Husband a/nd Wife. State op , ) r SS County of . J ' On this day of , 18 , before me [here give name and title oj officer] personally came A. B., and 0. B. his wife, to me known to be the individuals described in, and who executed the within [or, foregoing] con- veyance, and severally acknowledged that they signed, sealed, and delivered the same as their free and voluntary act and deed, for the uses and pur- poses therein mentioned ; and the said 0. B., upon an examination by me, separate and apart from her husband, acknowledged that she did volun- tarily, of her own free wUl, and without the fear of, or coercion from, hei husband, execute the deed. ■Witness my hand [and official seal], the day and year first above written. [Seal, if any] [Signature and title.] 80 ABBOTTS' FORMS. Acknowledgment, &o., of Deeds, for Wisconsin. West Virginia. [Follow the forms gwen for YinauniA, except that one justice may take an acJcnow ledgmen i.] 'Wisconsin. [A scroll or device, whetlier written or printed, is a BufScient seal for deeds. Two subscribing witnesses are necessary ; but there is no provision for proof by witnesses, except within the State, in case an acknowledgment cannot be had. Any married woman residing in the State, and joining vrith her husband in a deed relating to lands within the State, or separately executing a deed re- lating to such lands, or a release of dower, may acknowledge as if she were Bole((!). A deed executed without the State may be executed according to the laws of the place of execution ; but in such case, if it is executed within the United States, and is not acknowledged before a Wisconsin commissioner, there must be annexed a certificate, by a clerk of a court of record, to the authority and signature of the officer, and to the fact that the deed is executed and ac- knowledged according to the laws of the place.] 183. Achnowledgment ly a Grantor, Known, to the Officer. State op , 1 ^ County of . j ' . Be it eembmbbebd, that on this day of , 18 , before me [giving name and title of officer} personally came the within-named A. B. [and 0. B. his wife] *, to me known to be the identical person [or, persons] de- scribed in, and who executed the within deed [or, mortgage, or, other in- atrumeni], and t acknowledged the same to be his [or, their] free act and deed, for the uses and purposes therein mentioned. [If without the State, add: In testimont wheeeoe, I have hereunto set my hand. [and seal], the day and year first above written.(m)] [Seal, if taJcen [Signature and title.] without the State.} 184. Achnowledgment ly a Grantor, Not Personally Known. [As in the preceding form to the *, thence continuing thus .■] proven to me satisfactorily to be the identical person [or, persons] described in, and who executed the within deed [or, mortgage, or other instrument}, by the oath of M. N , who being by me duly sworn [or, affirmed], did depose and say that he resided in the city of , that he was acquainted with the said A. B. [and 0. B. his wife], and that he knew him [or, them] to be the same person [or, persons] described in, and who executed the said instru- ment ; and thereupon the said A. B. [and 0. B.] acknowledged [etc , con- cluding as in preceding form from the ]}. (l) Em. Stat., 1858, p. 539, §i 12, 14. must state the true date at which it wa- (m) A certificate of aoknowledgmpnt made. ATFIDAVITS. 81 Sworn Copies. Affidavit before Notary, CHAPTER IT. AFFIDAVITS. See tlie requisites of these instruments fully stated in the Forms of Pkactice AND Pleading, volume i., p. 4. As to the form of oath to be administered, see chapter of Oaths, post. PAGB 185. Common form 81 186. Affidavit to copies of papers 81 187. Affidavit to be used abroad 81 185. Common Form. [Title of svAt, or otTier legal proceeding, if made in such a ease.'] A. B., of , being duly sworn [or, affirmed], says {here set forth alle- gations]. [Signature of deponent.] Sworn [or, affirmed] before me, ) this day of 18 . ) [Signatm e of officer.] • 186. Affidavit to Copies of Papers. State op , ) County of . ) ' A. B., of , being duly sworn [or, affirmed], deposes and says that he has carefully compared and found the annexed writings, in page.", to agree with and to be copies of, and of the whole of [or, copies and ex- tracts from] sundry original letters signed by 0. D., E. F. & Co., of , in the State of , one purporting to be signed by Gr. H., of - and also of sundry original accounts between the said 0. D. and E. F. & Co . signed by the said D., all which original papers are now produced. Sworn [or, affirmed] before me, ) [Signature of deponent.] this day of 18 . ) [Signature of officer.] 187. Affidavit to he Used Abroad, '\ss. State op County of Be IT KNOWN, that on this day of , before me, A. B., notary public for the commonwealth of , residing in the of , duly com- 6 83 ABBOfTS' rOEMS. Appointments. missioned and sworn, and by law authorized to administer oaths and aflSrm- ations, personally appeared 0. D., of , and who being by me duly sworn [or, affirmed], did depose and say [here set fot th the allegations] ; and further deponent saith not. [Signature of deponent.] In TE8TIM0NT WHEEEOF, I haye hereunto set my hand and affixed my seal of office, the day and year first above written. [Seal.] ' [Signatwre and title.] CHAPTER Y. APPOINTMENTS. Appointments are of two kinds : 1 . The conferring an authority to perform duties or to act for another, such as the appointment of a guardian or an at- torney. 3. The declaration of an act or transfer in execution of a power. Appointments of the former kind are usually to be executed with the same formalities as are 'used in the execution of conveyances, for which see the chapter on Acknowxbdgment ajtd Proof of Deeds. For forms of appoint- ments of attorneys and trustees, see the chapters on Powers and on Trtjsts respectively. In regard to appointments in execution of powers, it is to be observed that the American law and usage renders resort tp this class of instruments com- paratively rare ; but in many of the States the subject is regulated more or less by Statute, the chief effect of which, so far as the forms of attestation are concerned, is to relax the very strict rules of the common law, requiring all incidental circumstances directed by the grantor of the power to be most rigidly observed in the execution of it ; and we apprehend that the usual American rule is, that such an appointment must be executed with the for- malities required by law to pass such an estate, and that these are sufficient, even though the grantor may have prescribed less or more formalities. It is not necessary that an appointment should recite, or even refer to the power, provided the act shows that the decree had in view the subject of the power, and intended to execute the power.(■) U' the proceeding is under the stiit- an affidavit made by him, like Form No. ute, this slioiild be attested by a snbscrib- 25S. ing witness, so that it may be proved by (s) See note (y). 104 ABBOTTS' FORMS. Awards. or before the day of , 18 . And whereas the said M. N., O. P., and Q. R. met npon the said arbitration, and did not make their award be- tween the said parties by the time hmited in and by said submission [or, by the condition of the said bonds], and, in pursuance of the said submission [iir, bonds], have chosen me as umpire [by appointment in writing, hereto annexed], to settle and determine the matters indifference between. the said parties. Now, theeeeoee, I, the said umpire, having been first duly sworn according to la^yv, and having heard the proofs and allegations of the parties [or, of A. B., the said Y. Z. not appeai-ing after due notice to him], and having examined the matters in controversy by them submitted therein, do therefore make this award in writing [or, in writing and under seal] — that is to say, t [Sere state the things awarded to he done — see following forms^ In witness whereof, I have subscribed these presents, this day of ,18 . [Signature, and seal also, if required In the presence of l>y the submission.'] [Witness^ signature.] 241. Award for Payment of Money in Full. [As in Form 239 or 240, inserting at the t the following :] The said T. Z. shall pay, or cauee to be paid, to the said A. B. the sum of dollars, at , within days from the date hereof, in full payment, dis- charge, and satisfaction of and for all moneys, debts, 'and demands and claims whatever [referred to in the submission] due or owing from him the said Y. Z. to the said A. B. at any time before the date of said submission. + 242. Award for Damages for Breach of Warranty. [As in Form 239 or 240 , inserting at the t .'] That the said A. B. did sell to the said Y. Z. a certain horse on the day of last, warranting him to be sound in every respect, for the price of one hundred and fifty dollars. The said horse is, and was at the time of such sale, unsound, and worth only the sum of forty dollars; and the said A. B. should pay to the said Y. Z. one hundred and ten dollars for the difference in price, and thii-ty dollars for the expenses of keeping him, besides the costs of this arbitration. 243. Award for Delivery of Ooods. [As in Form, 239 or 240, inserting .■] That the said Y. Z. shall freely de- liver up to the said A. B., on request by him to be made, one trundle-bed, and three pan- of sheets thereto belonging, one mahogany table," one dozen chairs, and one silver tea-set, alt of which were the goods of the late M. N., deceased. 244. Award for Delivery of Writings. [As in Form 239 or 240, inserting :] That the said A. B. shall freely de- liver up to the said Y. Z., on or before the day of next ensuing the date hereof, at his dwelling-house in aforesaid, all leases, deeds, and wri- tings whatsoever concerning the estate of the said Y". Z. now in the hands ARBITRATION" AND AWARD. 10c Awards. and possession of the said A. B., or of any other person in trust for him, especially the leases of the dwelling-house [etc., describing the particular papers], 245. Award for Delivering up Writings to ie Cancelled. [As in Form 239 or 240, inserting :] That the said A. B. shall deliver up unto the said T. Z. a certain indenture of mortgage made by to , and dated on the day of > 18 , cancelled or to be cancelled. 246. Award for Giving a Bond for Payment of Money. [As in Form 239 or 240, inserting :] That the said A. B., within days after notice of this award, shall well and sufficiently make, seal, and deliver to the said Y.Z. a bond or obligation in the penal sum of dollars, con- ditioned for the payinent of dollars to the said Y. Z., his executors, administrators, and assigns, on or before the day of i 18 , with interest at per cent, per annum, payable semiannually from this date. 247. Award for Assignment of a Mortgage. [As in Form 239 or 240, inserting :] The said Y. Z. shall make, execute, and deliver to the said A. B., on or before the day of instant, a good and sufficient assignment of a certain bond and mortgage, executed by one I. J. to said Y. Z., etc. ; and the said A. B. shall pay, or cause to be paid, to the said Y. Z., the sum of dollars, immediately upon the execution and delivery of the said assignment. 248. Award for Specific Performance of Agreement to Assign a Lease. [As in Form 239 or 240, inserting .•] That the said A. B., or his heirs, shaU and do, on or before the day of next ensuing the date hereof, make and execute to said Y. Z. a good and sufficient conveyance of his interest as lessee for yeai-s of a certain farm in the possession of the said A. B., situate at , according to the true intent and meaning of certain articles of agreement, bearing date on or about tlie day of , and made between the said A. B. of the one part, and the said Y. Z. of the other part, or as near the same as the present circumstances will admit. 249. Award for Specif c Performance of Contract to Convey Land. [As in Form 239 or 240, in^erUng:] That A. B. shall, on or before the day of next, by such deed or deeds as the said named Y. Z., his lieirs or assigns, or his or their counsel shall advise, well and sufficiently grant, convey, and assure unto the said Y. Z., his heirs and assigns, for- ever, a certain piece of ground, situated in , and known and de- scribed RS follows [describing it]. And that upon the execution of the said conveyance, the said Y. Z, shall pay, or cause to be paid, unto the said A. B. the sum of dollars, and shall also give security by bond and a mortgage of the premises (if required) for the payment of the sum of dollars, in manner following — to wit, etc. 106 ABBOTTS' FOKMS. Awards. 250. Provision for the Discontinuance of All Suits. [Insert in previous forms /] And we do further award, that all actions and suits commenced, brought, or depending between the said A. B. and Y. Z., for any matter, cause, or thing whatsoever, arising or happening at the time of, or before their entering into the said submission [or, bonds of ar- bitration], shall, from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent, or procurement. 251. For Discontinuance of Suit, with Costs. [Insert in preceding forms .■] And we do further award, that the said y. Z. shall forthwith cease to prosecute, and shall discontinue a certain suit commenced by him, against the said A. B., in the Court of county, now pending and undetermined in said court; and the said A. B. shall pay, or cause to be paid, to the said T. Z., oa or before the day of , the sum of dollars, in full satisfaction of the costs, charges, and expenses incurred by the said Y. Z., in and about the prosecution of his suit as aforesaid. 262. For General Releases. [Insert in either of preceding forms .•] And we do further award that the said A. B. and Y. Z. shall, within days next ensuing the date hereof, execute unto each other, under seal, mutual and general releases of all ac- tions, cause and causes of action, suits, controversies, claims, and demands whatsoever, for or by reason of any matter, cause, or thing, from the be- ginning of the world down to the date of the said submission [or, said bonds]. 253. For Costs of the Arbitration. [Insert in preceding forms :] And we do further award, that the sum of dollars, being the expenses and charges incident to this arbitration, shall he paid by the said A. B. [or, by them, the said A. B. and Y. Z., il equal shares]. n. AEBITRA.TION UnDEE THE STATUTE. 254. Submission. [The submission will be by bond or agreement, in the form of Wo. 216, 217, 218, 227, or 228, with the addition of the following clause at the end, before the attestations.](u) And it is hereby agreed that judgment in the Supreme Court of the State of [or. County Court of county, {«) In an arbitration under the statute, that the submission be acknowledged, the it ia usseutjal that the bond or agreement uertilleate may be framed by consulting of submission have a subscribing witness, the forms given in the chapter of Ao- In those States where it is required knowledgment and Peoob' or Dei;ds. ARBITRATION AND AWARD. 107 Statutory Arbitration. or name any other court of. record] shall be rendered upon the award to be made as aforesaid, to the end that all matters in controversy between the said parties [or, the above-mentioned matter in controversy] may be finally concluded, [Ifotice of Appointment or of Searing, as in Form 231 or 233.] 255. OatJi of ArMtrators. We, the undersigned, arbitrators, appointed by and between A. B. and Y. Z., do swear that we, respectively, will faithfully and fairly hear and examine the matters in controversy between the parties above named, and make a just award thereon, according to the best of our understanding. Sworn before me, this day of , 18 . ISignatures.] [Signature of offieer.Ye) 256. Oath of cm Applicant to a Justice of the Peace for a Subpoema. You do swear that you will make true answers to such questions as I shall put to you, touching the necessity and propriety of my issuing a sub- poena upon your present application therefor. 257. Subpoena to Appear Before Arbitrators. The People of the State of New York, to H. I. and J. K., Greeting: You are commanded to be and appear before M. N., O. P., and Q. E., or any two or more of them, arbitrators chosen to determine a controversy between A. B. and Y. Z., at the office of M. N., in the village of . on the day of ,18 , at o'clock in the noon, then and there to testify and give evidence in relation to said controversy before said arbi- trators, on the part of said ; and hereof fail not at your peril. Given under my hand, this day of , 18 . S. J., Justice of the peace. {Oath of Witness, as in Form 233.] [Agreement to Extend Time for Awan-d, as in Form 234] [Awards, as in Fm-ms 239 to 253.] 258. Affidavit to the Submission, by the Subscribing Witness. CouK-rT OF , ss. J. K., of , being duly sworn, says that he knows(w) [name the obligor in the bond, or the subscribers of the agreement, as the case mJy be] \? ho (v) Administered, under tlie New York contents of a certificate of proof by wit statute, by any judge of a court of record, ue.'-s, it wiis lield not necessary tliat tlie justice of tlie peace, or commissioner of certificate state tliat tlie oflioer knew tlie deeds. Za«w of 1843, oliap. 187. witness, nor that the witness know the (to) Under a statute which, Dice that re- party subscribing. Jackson v. Philips, lating to arbitration, did not prescribe the 9 Cow., 94. 108 ABBOTTS' FORMS. Statutory Arbitration. executed the annexed instrument, and that he was present and saw said A. B. [and T. Z.] [or say, and that said A. B. and Y. Z. did, at the time of execution, acknowledge to him that they did] sign, seal, and deliver the same as his [or, their] free act and deed, for the purposes therein men- tioned ■,(x) and that the name A. B. [and the name Y. Z.], subscribed to the said bond [or, agreement] is [each] tlie proper and genuine signature of the said A. B. [arid Y. Z. respectively] ; and that this deponent set his name as a subscribing witness to the same, at the time of its execution and delivery by the said A. B. [and Y. Z.] as aforesaid. [Sigriature of deponent.] Sworn before me, this day of , 18 . [Signature of officer.] 259. Affidavit to the Award, by the Subscribing Witness. County of , ss. J. K., of , being duly sworn, says: That he knows [name the arbi- trators], who made the annexed award, and that he was present and saw said [arbitrators] sigii, publish, and declare [or say, and that said arbitra- tors did acknowledge to him that they did sign, publish, and declare] the same as their final award and arbitration in wi-iting, between A. B., of , and Y. Z., of , , on the day of j 18 ; and that the Dames, M. N., 0. P., and Q. R., subscribed to the said award, are the proper and genuine signatures of the said M. N., O. P., and Q. R. ; and that this deponent set his name as a subscribing witness to the said award, at the time of its execution and publication as aforesaid. Sworn [etc., as in Form 258.] [Signature of deponent^ 260. The Same, by the Arbitrators. OotraiTT or , ss. M. F., O. P., and Q. B., the arbitrators described in the within [or, an- nexed] award, being duly severally sworn, say that on the day of , 18 , they, as such arbitrators, signed, published, and declared the said award, as their final award and arbitration in writing, between A. B., of , and Y. Z., of . [Signatures of arhitrators.'\ Sworn [etc., as in Form 258.] 261. Proof of Service of Award. OoTOfTT OF , ss. S. T., of , being duly sworn, says that on the day of , 18 , at , in the town of , he served the within award [or, the award of which the within is a counterpart], upon A. B. aud Y. Z., by delivering to and leaving with them [a true copy of] said original award. [Signature of deponent.] Sworn [etc., as in Form 258.] (x) An acknowledgment made a long fioient in Holleubaoh ». Fleming, 6 Siil, time after the transaetiou, was lield insuf* 803, AEBITRATION AND AWARD. 109 Statutory Arbitration. 262. Notice of Application for Judgment. Court. In the matter of the arbitration be- tween A. B. and Y. Z. Please take notice, that the undersigned will apply to the court [at a special term to be held] at the City-hall in the city of , on the day of , 18 , at o'clock in the noon, or as soon thereafter as coun- sel can be heard, for an order confirming the award heretofore made in this matter, and for judgment thereon, with costs. ^Signature.'] [Bate.] [Address.'] 263. Order Confirming Awa/rd. At a special term held on the [Title as in preceding form.] day of , 18 , at Present Hon. M. K., Justice. On reading and filing notice of motion and proof of due service thereof, and the annexed submission and proof of the execution thereof by the afii- davit of 0. P., dated the day of i 18 , and the annexed award pursuant thereto, and proof of the execution thereof by the affidavit ot Q. E., dated the day of , 18 , and after hearing G. H. for the said A. B., and I. J. [or, and no one appearing] for the said T. Z. Oedeeed, that the said award be and hereby is confirmed, and judgment directed thereon according to the statute, with costs to be taxed [or insert any special directions given as to costs.] Enter, [Signature of Justice.] 264. Judgment on Award. [Title as in preceding form.] Certain matters in controversy between A. B. and T. Z. having been , by them submitted to M. N. as arbitrator, as by their submission in writing [or, by the condition of their respective bonds of submission executed by the parties to each other respectively], and bearing date the day of 18 , and hereto annexed, more fully appears; and the said arbitratoi having been first duly sworn according to law, and having heard the proofs and allegations of the parties respectively [or, of said A. B., the said Y. Z. not appearing after due notice to him given, as appears by the affidavit of , dated the day of , and annexed hereto] ; and the said arbitrator having duly made, published, and declared his award in writing [and under seal], which is hereunto annexed, and no proceedings to modify said award having been taken [or if any have been had, recite them], and the court having, by order duly made, and dated on the day of , con- firmed said award, and -authorized judgment to be entered thereon with costs [here state special direction as to cmts, if any]. 110 ABBOTTS' FORMS. Arrears of Pay and Bounty — Army and Navy. Jfow, THEEEEOEE, it is adjudged [etc., proceeding as in other cases oj judgments in, cioil actions^ according to the relief wwarded. See Foems of Pbaotioe, VoL II.] CHAPTEE Vin. AEEEAES OF PAY AND BOUFTY. Arrea/rs of pay, due an officer or a soldier at the time of Ms decease, are payable to the following persons, in the order named : 1. (Tf the deceased was married) to his -widow. 3. (If no widow survives) to his child or children, (through their guardian, if minors). 3. (If he died unmarried) to the father. 4. (If the father is dead) to the mother. 5. (If both parents are dead; to the brothers and sisters jointly. Lastly, To the heirs generally. Tlie bounty of $100 is payable to the relatives of a deceased soldier in the following order — viz., 1. To the vridow (if there be one). 3. To the children (if any), share and share alike. 3. To the father (provided he has not aban- doned the support of his family). 4. To the mother, if the father be dead, or has abandoned the support of his family. 5. To the brothers and sisters. The father, mother, and brothers and sisters must be residents of the United States, in order to receive the bounty. The above is payable to the relatives of all volunteers in the war of the re- bellion, and to the relatives of all who enlisted in the regular service since July 1, 1861, or who enlisted during the year 1863. Widows of commissioned officers, and of soldiers dying after being dis- charged, are not entitled to bounty, nor are the widows of deceased three months' volunteers. No money can be paid to the heirs of a deceased soldier who have in any manner aided or abetted the existing rebellion. Soldiers discharged on account of wounds received in battle are entitled to the bounty of $100. No other soldier is entitled unless he has served for a period of two years, or during the war, if sooner ended. The application and deposition required must be subscribed and sworn to before a judge, commissioner, notary public, or justice of the peace, duly aiithorized to administer oaths, accompanied by the certificate and seal of a court of record &a to the fact of the said judge, etc., being duly commissioned, and acting in his official capacity at the time of the execution of the foregoing papers. The taking out of "letters of administration" is unnecessary, except in such cases as it may be required by the accounting officers. All claims for arrears of pay and bounty may be sent directly to the office of the Second Auditor of the Treasury Department, Washington. Letters of inquiry in relation to a claim should specify the name of the de- ceased, and the company, regiment, and State to which he belonged ; and in all cases, to secxire an answer, the name, post-office, and State of the writer should be distinctly written. PAOR 265. Invalid's' appUoation for arrears of pay and bounty Ill 266. Widow's application for the same Ill 267. Cliildren's application 112 26S. Fatiier's application 113 269. Mother's application 113 270. Brothers' and sisters' application 134 ARREARS OF PAY AND BOUNTY. Ill Application by Invalid: By Widow 265. Invalid,'') Application for Arrears of Pay and Bounty. State of [designating where the ap- 1 County of plication is sworn to.] J On this day of > 18 , personally appeared before me, a [here pive name and title of officer duly authorized to administer oatJis] in and for the county and State aforesaid, A. B., of , in the county of , and State of , who being duly sworn, declares that his age is years;* that he is the same A. B. who was a [here designate rank — e. g., private, or, corporal], in Company [designating it ly its letter], commanded by [here give nfime of captain], in the Regiment of [here name State] volunteers, cavalry [or, infantry, or, artillery], who was honorably discharged from the service of the United States at , in the State of , on or about the day of , 18 i by reason oi[here set forth the cause, etc.] This declaration is made to recover all arrears of pay and other allow ancss due said A. B. from the United States, and the bounty provided by the section of the act of Congress, approved [date of approval]. And HE HEEEEY APPOINTS J. K., of , as his lawful attorney, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or moneys that may be issued or paid in satisfaction thereof. The post-office address of the claimant is as follows : [stating it.] [Signature of claimant.] Also personally appeared before me, M. N. and O. P., of the county of , and State of ' , to me well known as credible persons, who, being duly sworn, declare that they have been for years acquainted with the above-named A. B., who was a [h^re designate rank, as ahooe] in Company [letter of company] of the Regiment of [designate it, as above], and know that the applicant is the identical person he represents himself to be ; that they saw him sign the foregoing declaration ;' and that they have no interest whatever in this application. [Signatures of witnesses.] \SwoE.v to and subscribed before me, this day of , 18 ; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. [Signature and title of magistrate.] 266. Widow's Application for Arrears of Pay and Bounty. State of [designating where the ap- 1 County of plication is sworn to.] ) On this day of , 18 , personally appeared before me, a [here (fire name and title of officer duly authorized to administer oaths] in and _ for the county and State aforesaid, C. B., of , in the county of , and State of , who, being duly sworn, declares that her age is years ;* that she is the widow of A. B., late of the county of , and State of , who was a [here designate ranJc — e. g., corporal, or, private] in Company [letter of company], commanded by [here give name of captain], in the Regiment of [here name State] volunteers, cavalry [or, infantry, or, artillery], who died in the service of the United States at , in the 112 ABBOITS' FORMS. Children's Application for Arrears, etc. State of , on or about the day of , 18 ; that her maiden name was , and that she was married to said A. B., deceased, on or about the day of , 18 , at , in the State of , by ; that she has remained a widow since the decease of her said husband, and knows there is no record evidence of said marriage [or, that there is record evidence of said marriage — to wit: stating what]. This declaration is made to recover all arrears of pay and other allow- ances due said deceased from the United States, and the bonnty provided by the 6th Section of the Act of Congress, approved July 22, 1861. And SHE HEEEBT APPOINTS J. K., of , as her lawful attorney, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or moneys that may be issued or paid in satisfaction thereof. Her post-office address is as follows : [stating it.] [Signature of claimant.] Also personally appeared before me, M. N. and 0. P., of the county of , and State of , to me well known as credible persons, who being duly sworn, declare that they have been for years acquainted with the above-named applicant, and with said A. B. deceased, who was a [state rank, as above], in Company [letter of company] of the [insert numhex] Regiment of [designate it, as above], and know that said deceased recognized said applicant as his lawful wife, and that she was so recognized by the community in which she resided ; and that they have no interest whatever in this application, (a) [Signatures of witnesses.] SwoEN [etc., as in the form preceding]. 267. Children's Application for Arreavs of Pay and Bov/nty.Qi) State op [designating where the ap- 1 County of plication is sworn to.] J On this day of , 18 , personally appeared before me, a [here give name and title of officer duly authorized to administer oaths], in and for the county and State aforesaid, A. B., of , in the State of aged years [and D. B. of , in the State of , aged years], who being duly sworn, declare * that the above-named persons are of the age stated, and are the legitimate children of A. B., late of , in the county of , and State of , who was a [here designate ranis — e. g., corporal, o?', private], in Company [letter of company], commanded by [here give name of captain], of the Regiment of [here designate State] volun- teers, infantry [or, cavalry, or, artillery], who died or was killed in the service of the United States at , on or about the . day of , 18 . That their mother's name was , and that she is dead. This application is made to recover all arrears of pay and other allowances due the deceased from the United States, and the bounty provided by the (a) Proof of marriage (record evidence, give the name and age of the ward or if possible) must always accompany the wards, and should be accompanied by applications of those claiming to be the letters ofguardianship, or an authenticated widows. copy thereof. (i) An application by a guardian should AKEEAES OF PAY AND BOUNTY. 113 Application by Fatlier: By Mother. 6tli section of the act of Congress, approved July 22, 1861. And the ap- plicants HEEEBT APPOINT J. K., of , their lawful attorney, and authorize him to present and prosecute this claim, and to recover and receipt for any orders or moneys that may be issued or paid in satisfaction thereof. Their post-oflBce address is as follows : [stating it.'] [Signatures of claimants.] Also personally appeared before me, M. N. and O. P., of the county of , and State of , to me well known as credible persons, who being duly sworn, declare that they have been for years acquainted with the above-named applicants, and with said A. B., deceased, who was a [state ranh, as above], in Oompaijy [letter], of the [number] Regiment of [designate it, as above], and know the above-named children to be the legiti- mate children of said deceased ; and that the deponents have no interest whatever in this application. [Signatures of witnesses.] SwoEN [etc., as in Form 265]. 268. Father's Application for Arrears of Pay and Bounty. [As in Form 265 to the * continuing thus:] That he is the father of 0. B., late of , in the county of , and State of , who was a [state rank — e.g., corporal, or, private] m Gora^say' [letter of company], commanded by [here give name of captain] of the [number] Regiment of [here designate State] volunteers, infantry [or, cavali-y, or, artillery], who died or was killed in the service of the TTnited States, at , on or about the day- of , 18 , leaving neither wife nor child. ' t This application is made to recover all arrears of pay and other al- lowances due to the deceased from the United States, and the bounty pro- vided by the 6th section of the act of Congress, approved July 22, 1861. And the applicant hbebbt appoints J. K., of , as his lawful attor- ney, and authorizes him to present and prosecute his claim, and to receive and receipt for all orders or moneys that may be issued or paid in satisfac- tion thereof. The post-offlce address of the applicant is as follows : [stating it.] [Signature of claimant.] Also personally appeared before me, M. N. and 0. P., of , in the County of , and State of , to me well known as credible per- sons, who, being duly sworn, declare that they have been for yeai n acquainted with the above-named applicant, and with said 0. B., the do- ceased, who was a [state ranh, as above] in Company [letter], of the [num- ber] Regiment of [designate it, as above], and know said applicant to bo the father of said deceased, and that said deceased left neither wife nor child ; and that they have no interest whatever in this application. SwoEN [etc., as in Form 265]. [Signatures of witTiesses.] 269. Mother^s Application for Arrears of Fay and Bounty. [As in Form 266 to the *, continuing thus:] That she is the mother ol A. B., late of , in the county of , and State of , who was 8 J 14 ABBOTTS' FORMS. Brother and Sister's Application for Arrears, etc. [here state rank — e. g., a corporal, or, a private] in Company [letter of com- pany/], commanded hy [here give name of captain], of the [number] Regi- ment of [here designate State] volunteers, infantry [or, cavalry, or, artillery], who died in the service of the United States, at , on or about the day of ) 18 , leaving neither wife, nor child, nor father; that his father's name was [staling it]. [Or if the father is living, iut has abandoned the support of his family, then say, died, etc., leaving neither wife nor child ; that his father's name was [nam,ing father], said [name of father] has abandoned the support of his family, and has provided nothing for theiir support during the last years.] [Conclude as in the preceding form from the +, substituting the 'word "mother" /or "father," at the end, and inserting the words, "nor father," after " child," near the same place.] SwoEif [etc., as in'Form 265]. 270. Brothers'' and Sisters' Application for Arrea/rs of Pay and Bounty. (c) [As in Form 267 to the *, continuing thu^:] That he is [or, they are] the brothers [or, sisters, or, brothers and sisters] of A. B., late of , in the county of , and State of , who was [here state ranh — e. g.,& corporal, or, a _ private] in Company [letter of company], commanded by [here give name of captain], of the [number] Regiment of [here designate the State] volunteers, infantry [or, cavalry, or, artillery], who died, or was killed, in the service of the United States, at , on or about the day of ) 18 , leaving neither widow, child, father, mother, nor other brothers or sisters than the above named, and that his father and mother' were our father and mother. This application is made to recover all arrears of pay and other aUow- anoes due said deceased from the United States, and the bounty provided by the 6th section of the act of Congress, approved July 22, 1861. Asd TEE APH^ioANTS HEEEBY APPOINT J, K., of , their lawful attorney, and - authorize him to present and prosecute this claim, and to receive and re- ceipt for any orders or moneys that may be issued or paid in satisfaction thereof. The post-office address of the flrst-named claimant is as follows : [stating it.] [Signatures of claimants^ Also personally appeared before me, M. F. and O. P., of , in the county of , and State of , to me well known as credible per sons, who being duly sworn, declare that they have been for years acquainted with the above-named applicants, and with said A. B., deceased, who was a [state ranh, as above] in Company [letter], of the [number] Regi- ment of [designate it, as above], and know said applicants to be the brothers [or otherwise] of said deceased, and believe that he left neither widow, child, father, nor other brothers or sisters than the above named ; and that the deponents have no interest whatever in this application. SwoEN [etc., as in Form 265]. [Signatures of witnesses.] (c) See preceding note. ASSIGNMENTS. US AnslysiB of Chapter. CHAPTER IX. . ASSIGNMENTS. An assignment, in the broadest sense in which the term is used in convey- ancing, may be any transfer of any property ; but in respect to lands and chattels it is generally employed to designate a transfer of some partial or qualified interest only ; or it signifies, often, a transfer of a right in action. As between the parties, it is necessary to the validity of an assignment, that the assignor should express his intent to transfer the title to the property ; and, in the cases in which a writing is recognized by the Statute of Frauds, that this intention. should be expressed in writing. A consideration for the assign- ment is only necessary in order to sustain it against creditors, or other tmrd parties. The usual technical words of an assignment are " sell, assign, transfer, and set over." But any language which expresses the intent to transfer the prop- erty is sufficient. in cases in which, by the Statute of Frauds, a writing is necessary to a valid assignment, the essential parts of the instrument must be reduced to writing before the signature and delivery. If the assignor signs and delivers a blank paper on an agreement, that a third person may write a ^certain assignment thereon, this ^vill not constitute a valid transfer of an interest which can only be transferred by deed or note in writing — e. g., a lease — although the blank is subsequently filled as agreed. Otherwise, when the interest to be transferred is not one of those which can only be transferred by writing. In general, the assignee of a right in action acquires no better title than his assignor possessed. He holds the demand subject to any equities which might have been enforced against his assignor. Formerly, the assignee was not permitted to sue the demand in his own name, but could only proceed, to enforce it in the name of his assignor ; but in New York and many other States, he is enabled, by recent statutes, to sue in his own name PAGK 271. Short form of assignment, suitable to be indorsed on a written instrument. . 116 272. The same; with a power to sue 116 273. Assignment of a demand, as odllateral security for a note 117 ■274. Assignment of a demand, as collateral seonrity for an indorsement 117 275. Assignment of an acooiiiit 117 276. Assignment of a bail-bond IIS 277. Assignment of a bond, with covenant of amount due, and power to sue. . . . 113 278. Anotlier form, with covenants, guaranty, and power to sue 118 279. Assignment of chattels, by reference to former bill of sale Ill* 280. Assignment of a book to bo copyrighted .- 120 281. Assignment of a copyright 120 282. Assignment of a contract for the sale of real .property 120 283. The same ; adapted to a special case 121 284. Consent to the preceding assignment 121 285. Assignment of a debt 122 286. Assignment of ground-rent '. 18J 237. Assignment of indenture of apprenticeship 128 888. Approval of the preceding iissignment 128 116 ABBOTTS' FORMS. Sliort Forms. PAGH 289. Assignment of a judgment 123 290. The same ; another form - 124 B91. The same ; to be indorsed on transcript 124 292. Assignment of a lease 125 293. Assignment of a mortgage 125 294. Assignment of a mortgage with the bond ornote ] 26 295. Assignment of partnership property, by one partner to another, to close the concern 126 296. Assignment of entire interest in a patentable invention l^S 297. Assignment of part interest 12S 298. Assignment of letters patent 129 299. Assignment of policy of insurance 129 800. Approval, to be indorsed on the preceding assignment 130 301. Assignment of recipe for making a medicine 130 302. Assignment by a sheriff to his successor in office 180 303. Assignment of shares in corporate stock , 181 S04. Assignment of wages due 131 805. Assignment of miscellaneous property described in a schedule 132 806. Assignment by a corporation 182 2Tl. Short Form(a) of Assignment, Suitable to te Indorsed, on a Written Instrument. For value received, I hereby assign the within bond \pr, contract, or, policy of insurance, etc.] unto T. Z. {Bate.] \Signature.] 272. Another Form, With a Power to Sue. In ooNsiDBEATiON of the sum of dollars,(J) to me paid, by T. Z.,(c) of , the receipt whereof is hereby aoknowleilged, I do hereby transfer, assign, and set over to the said Y. Z.,' his executors, administrators, and assigns, all my right, title, and interest in and' to the within bond [or, con- tract, or, pohcy of insurance]; and I do hereby constitute the said Y. Z. my attomey,((Z) in my name, or otherwise, but at his own cost, to take aU (a)- This form is only sufRoient in oases v. Mead, 27 Sari., 178. The assignee where a bare transfer of the subject as- may maintain his action upon the claim signed answers the intention of the par- assigned, without necessity of proving a ties. If any guaranty is intended, or any consideration paid. But it ia better prac- power of attorney can become necessary tioe, in drafting, in cases when a consid- to enable the assignee to enforce his right, eration actually passed, to state it in the or any thing beyond a mere transfer of instrument. the instrument can in any event become (c) It ia not essential (at least in equity) requisite, the appropriate special clause that the assignee should be designated by should be added to the above. hianame. An apt description of the per- (b) It is held, in New York, that an as- son intended may suffice. Thus, where signment of a chose in action is not in- a mortgage was assigned to the " Lady valid as between the assignee and the Superior of the C. Nunnery of M.," a bill debtor, by reason that it was made with- by F. F. was sustained, on proof that she oiit consideration, or that the considera- was such Lady Superior. Lady Superior, tibn named has not been paid. Clark v. etc. ». McNamara, 8 £arl). Ch., 875. Downing, 1 .ff. />. e title of hook in full], of which I am [author and] proprietor, the certificate of which copyright is annexed to this assignment [annex the certificate issued hy the cleric of the United States District Court on entering the worTc{f)'\, with all my literary property, right, title, and interest in and to said book, and all the profit, benefit, and advantage that shall or may arise from printing, publishing, and vending the same [within the United States of America], to hold and enjoy the same during the full end and term for which the said copyright has been issued. In witness, etc. [Signatures of two witnesses.^ [Signature^ [Seal.'] 282. Assignment of Contract for the Sale of Real Property. [As in Form 275 to the*, continuing thus:] a contract for the sale of cer- tain real estate, being [here give description of the property], which con- tract was made and executed by M. N., of, etc., to me, and bears date the day of J 18 , to have and to hold the same unto the said Y. Z., his heirs, executors, administrators, and assigns, for his and their use and benefit forever ; subject, nevertheless, to the covenants and conditions therein mentioned. And I hereby authorize and empower the said Y. Z., upon his perform- ance of the said covenants and conditions, to demand and receive of the said N. E. tlie deed covenanted to be given in the said contract, in tha same manner to aU intents and purposes as I myself might, or could do, were these presents not executed. (J) If the original is not obta'nnble, it not essential to legal validity, that a du- iB advisable, to secure accuracy, though plicate be procured from the clerk. ASSIGNMENTS. 121 Contract, 283 The Same ; Adapted to a Special Case. Know all mbn by these presents, that whereas I, A. B., of , here- tofore made and entered into a certain agreement in writing with M. K, of , bearing date the day of > 18 , whereby it vva'i, among other things, [covenanted and] agreed between me and the said M. N. as follows — viz., That said M. N. should sell and convey to me all those eight lots of ground situate, lying, and being in the Ward of the city of , shown on the annexed diagram, and numbered from one to eight thereon, both inclusive; that I should erect and completely finish eight dwelling-houses upon said lots of ground ; that to aid in the erection of said houses, the said M. N. should loan and advance the sum of dollars upon each of the same, and that when said houses should be com- pletely finished as aforesaid, said M. N. should convey the same, together with said lots, to me ; that to entitle me to receive such conveyance, all mechanics' liens should be paid, and I should execute and deliver to him eight bonds, secured by eight mortgages, one upon each of said eight lots of ground, each of which should be for the sum of dollars. And whereas I have sold unto Y. Z., of , the lot of ground, with the building thereon, known and distinguished on said diagram as and by the number two. NOW, I, the said A. B., in consideration of the sum of dollars, lawful money of the United States, to me in hand paid [before the seahng and delivery of these presents, the receipt whereof is hereby acknowledged], have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said Y. Z., all that part or portion of said agreement relating to the said lot of ground numbered two on said diagram, to have and to hold the same unto the said "f . Z., his heirs, executors, administrators, and assigns, for his and their use, benefit, and behoof forever ; subject, nevertheless, to the covenants and conditions in said agreement contained. And I hereby fully authorize and empower the said Y. Z., upon performance of said covenants and conditions, to demand and receive of the said M. N. the deed covenanted to be given in the said agree- ment, in the same manner, to all intents and purposes, as I myself might or could do, were these presents not executed. And I do hereby covenant and agree, to completely finish, at my own expense, the house now erected upon said lot, pursuant to said agreement, and so that the same shall be in complete tenantable order and condition on or before the day of , 18 . And I do further covenant and agree to pay off, and discharge of record, all mechanics' liens in any way affecting the title of said premises. In witness, etc. 284. Consent to the Preceding Assignment. I, M. N., in the foregoing instrument named, do hereby consent to the assignment of that part of my agreement with A. B,, of , also therein named, which relates to lot numbered two on the diagram therein men • 122 ABBOTTS' FORMS. Debt. Ground Kent, tioned, and I agree to make and execute a conveyance of the same to the said T. Z., upon tlie pei-formanoe of the said agreement. [Signatwe.] [Seal.] 285. Assignment of a DeSt. [As in Form 275 to the *, coniintdng thus .•] a certain debt now due and owing to me by M. K, of , amounting to the sum of dollars, for money loaned by me to the said M. N., on the day of , 18 , at , [or otherwise designate the origin of the dett], together with the interest due or to grow due thereon. And I do hereby give the said Y. Z., his executors, administrators, and assigns, the full power and authority, for his or their own use and benefit, but at his or their own cost, to ask, demand, collect, receive, compound, and give acquittance for the same or any part thereof, and in my name or other- wise to prosecute and withdraw any suits or proceedings at law or in equity therefor. And I do hereby covenant and agree to and with the said T. Z., his executors, administrators, and assigns, that the said sum of dollars is justly owing and due to me from the said M. N., and that I have not done and will not do any thing to lessen or discharge the said debt, or to hinder the said Y. Z., or his executors, administrators, or assigns, from col- lecting the same. And I further covenant and agree as aforesaid, that I, my executors and administrators, shall and will at all times hereafter, at the request of the said Y. Z., his executors, administrators, or assigns, but at his or their charge, make, do, and execute all such farther and. other acts and deeds as 'shall be reasonably required for the proving of the said debt, and the more eflfectually enabfing him or them to recover the same according to the true intent and meaning of these presents. In witness, etc. 286. Assignment of Ground Sent. [As in Form 275 to the *, continuing thus:} all that yearly rent, charge^ or sum of dollars, lawful money of the United States of America, chargeable half-yearly, issuing and payable by H. N., his heirs and assigns, on the first day of the months of January and July, in each and every year, forever, without any deduction for taxes, out of and for all that certain lot or piece of ground situate, etc. [here describe the premises and recite former titles and the record thereof], together with all the ways, means, rights and privileges, remedies, power of entry [distress], and re-entry for recovering payments of the aforesaid yearly rent, charge, and the arrearages thereof; and the reversions and remainders thereof; and all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said A. B., and Jane his wife, as well at law as in equity, of, in, to, and out of the same, and of, in, and to the aforesaid lot or piece of ground out of which the said yearly rent or charge is issuing and payable, to have and to hold, re- ceive and take the aforesaid yearly rent, charge, or sum of . dollars, ASSIGNMENTS. 123 Indentures. Judgment. hereditaments, and premises hereby granted or mentioned, or intended so to te, with appurtenances, unto the said Y. Z., his heiri and assigns, to and for the onl7 proper use, benefit, and behoof of the said Y. Z., his heirs and assigns forever. And the said A. B., for himself, his heirs, executors, and administrators, doth, by these presents, covenant, grant, and agree, to and with the said Y. Z,, his heirs and assigns, that the said A. B. and his heir?, all and singular, the hereditaments and premises hereby granted or men- tioned, and intended so to be, with the appurtenanoes, unto the said Y. Z., his heirs and assigns, against him, the said A. B. and his heirs, and against all and every person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from, or under him, them, or any of tliem, shall and will, well and truly warrant and forever defend by these presents. In witness, etc. 287. Assignment of Indenture of Apprenticeship. [A in Form 275 to the *, continuing thus:] the within indenture, and the apprentice therein named, for the residue of the term within mentioned ; npon condition, however, that he and they perform all and singular the covenants therein contained, on my part to be kept and performed, and in- demnify me from the same. In witness whbeeof, I have hereunto set my hand and seal, this day of , 18 . In presence of [Two witnesses.] [Signature.] [Seal.} 288. Approval of the Preceding Assignment.(ff) I hereby approve of ths foregoing assignment of the within indenture. [Signature.] 289. Assignment of a Judgment. Know all men by these presents, that whereas I, A. B., of , did on the day of , 18 , recover by judgment in the Court, against M. K, of , the sum of dollars, as by the record thereof will more fully appear. NOW, I, the said A. B., in consideration of dollars [to me paid at or before the sealing and delivery of these presents], the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over unto Y. Z. of the said judgment, and any and all sum or sums of money, or other benefit or advantage that may be had or obtained by reason of said judgment. And I do hereby make, constitute, and appoint the said Y. Z., his execu- tors, administrators, and assigns, to be my true and lawful attorney and (?) In general, the assignment of inden- magistrate authorized. In Now York, tnres of apprenticeship cannot be made, this approval may bo by a justice of the nnless the indentures extend to assigns ; peace, or mayor, recorder, or alderman of nor is it valid unless it is approved by a the city. 124 ABBOTTS' FOEMS. Judgment. attorneys, irrevocable, for me and in mj name, and in the name and names of my executors and administrators, but for the sole and proper use and benefit of the said Y. Z., his executors, administrators, and assigns, aad at their own costs and charges, to ask, demand, and by all lawful ways and means recover and receive, of the said M. N"., his heirs, executors, admin- istrators, and assigns, all money due or to become due on the said judgment, and sue out executions upon the said judgment, or prosecute any legal pro- ceeding upon said judgment, which I might do for recovery thereof; and on payment or collection of the same, to acknowledge satisfaction, or give other good and sufficient releases and discharges of the said judgment ; and other attorneys one or more under him for the purpose aforesaid, to make and substitute, and at pleasure to revoke. And whatsoever the said Y. Z., his attorney or substitute shall lawfully do in the premises, I do hereby allow and confirm. And I do hereby covenant to and with the said Y. Z., his executors, ad- ministrators, and assigns, that there is now due and owing to me, from the said M. N., the sum of dollars, with interest thei-eon, from the day of lis, and that I have not received, and will not receive, any part of said sum or interest [except, etc.], and have not done and will not do any thing to hinder the said Y. Z. from enforcing the said judgment. In witness, etc. Title OP The Oatjsb, 290. 'l%e Same; Another Form. Recovery $538.14 Costs , 14.25 $552.39 Judgment-roll filed in the office of the clerk of , June 10th, 18 . In consideration of dollars to me -paid, I hereby sell, assign, and. transfer to Y. Z. the judgment above mentioned, for his use and benefit, hereby authorizing him to collect and enforce payment thereof in my name, or otherwise, but at his ovm cost and charges, and covenanting that the sum of dollars, with interest from the day of , 18 , is due thereon. In witness, etc. [Signature.] [Seal.] 291. The Same Form; to le Indorsed, on Transcript. In consideration of dollars, I hereby sell, assign, and transfer tc Y. Z. the judgment mentioned in the within transcript; and I do constitute him my attorney, in my name or otherwise, but at his own costs and charges, and for his own benefit, to sue out any process or prosecute anj proceedings which maybe proper or necessary to enforce the same. l.AM iovenant of- amount due, etc., if desired^ ASSIGNMENTS. 125 hoase. Mortgage. 292. Assignment of Lease. [As in Form 275 to the *, continuing tJms :] a certain indenture of lease, bearing date the day of , in the year one thousand eight hundred and , made by M. N., of , to me the said A. B., of a certain dwelling-house and lot, situate in , with all and singular the premises therein mentioned and described, and the buildings thereon, together witli the appurtenances ;(A) to have and to hold tht ■^anie unto the said Y. Z., his heii'S, executors, administrators, and assigns, from the day of next, for and during all the rest, residue, and remainder of the term of years mentioned in the said indenture of lease ; subject, nevertheless, to the rents, covenants, conditions, and provisions therein also mentioned. And I do hereby covenant and agree to and with the said Y. Z. that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments and encumbrances whatsoever. In witness, etc. 293. Assignment of a Mar tgage.(i) Know all men by these presents, that whereas M. N., of , on the day of , by Ms deed of mortgage of that date, for the considera- tion of , did grant, bargain, sell, and convey unto me, A. B., of , my heirs and assigns, all and singular [here describe the mortgaged prem- ises], to have and to hold the same to me the said A. B., my heirs and as- signs, forever, upon condition [here recite the conditions of the mortgage]. Now, therefore, I, the said A. B., in consideration of the sum of , to me in hand paid before the ensealing hereof, do by these presents sell, as- sign, transfer, and set over unto Y. Z., of , his heirs and assigns, for- ever, the said [premises], to have and to hold the same to him, the said Y. Z., his heirs and assigns, forever, as fully and in as ample a manner as I, (A) If the lease has been recorded, it is 23 Barb., 461. Thus, an ussignment of n convenient, but not essential, here to add, bond, or other debt secured by mortgage, " which said indenture of lease was re- carries the mortgage. Jackson v. Blodgel, corded in, etc.," referring to the book 5 Cow., 202; Langdon ». Buel, 9 Wend., and page of the record, and giving the 80 ; Rose v. Baker, 13 £arh., 230 ; l>o day of recording. Gh-ant «. Graham, \ N. T. Leg. Oh., 15. By a general grant of the reversion upon An assignment of a lease carries any aux- a lease, the rent reserved will pass as in- iliary covenants. Thompson v. Rose, 8 cident to it. But a general grant of the Cow,, 266 ; Breese v. Bange, 2 M. D. Smith, rent will not carry the reversion. The 474. So an assignment of a judgmen; lessor may assign the rent to become due carries the debt (De Grant v. Graham, 1 upon a lease without assigning the rever- S. T. Leg. Obs., 75) and an undertaking sioQ ; or he may grai^t the reversion, re- auxiliary to it. Bowdoin v. Coleman, S serving the rent by special words. De- Duer, 182; Z AbbotW Pr., 431. And an marest v. Willard, 8 Gbw., 206 ; Willard 'o. assignment of shares of stock in a corpo- Tilman, 2 Hill, 274. ration will carry the interest of the as- (») In general, an assignment of a prin- signer in profits already made, but not clpal demand carries, by implication, all yet ascertained and declared. Kane v. collateral seoarities. Parmelee v. Dann, Bloodgood, 7 Johns. Ch., 90. 126 ABBOTTS' FORMS. Mortgage and Bond or Note. Pivrtnership Interest. the said A. B., my heirs or assigns, might hold and enjoy the same by virtue of the mortgage-deed aforesaid, and not otherwise. And I do, for myself, my heirs, executors, and administrators, hereby authorize and empower the said Y. Z., his heirs, executors, and adminis- trators, to receive to his and their own use the sum or suras mentioned in the condition of said deed, whenever the same shall be tendered or paid to him or them, by the said M. N"., his heirs, executors, or administrators, agreeably thereto, and to discharge the said mortgage, or to take and pursue such other steps and means for recovery of the' said sum or sums, \<'ith the 'interest, by sale of the said mortgaged premises, or otherwise, as by law are provided, as fully to all intents and purposes as I, the said A. B., my heirs, executors, or administrators might or could do. Am> I do, for myself; my heirs, executors, and administrators, covenant 'with the said Y. Z., his heirs and assigns, that I have good right to assign the said premises as aforesaid ; and that he, the said Y. Z., shall, and may 'have, hold, occupy, possess, and enjoy the same (subject, however, to the right of redemption, as by law in such cases is provided), against the law- ful claim of all persons. In witness, etc. 294. Assignment of a Mortgage, with the Bond or Note. Know all men by these presents, that I, A. B., of , in considera- tion of the sum of dollars, lawfnl money of the United States [to me paid before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged], have sold, assigned, transferred, and set Over, and by these presents do sell, assign, transfer, and set over, unto Y. Z., of , a certain indenture of mortgage, bearing date the day of , 18 , made by M. N"., of , to secure the payment of dollars, payable in years from the date thereof, with interest semi- annually, at the rate of per cent, [which mortgage was recorded, etc.],(xl together with the bond or obligation therein described [or, with the notes secured thereby], and the money due and to grow due thereon, with the interest : To have and to hold the same unto the said Y. Z., his executors, administrators, and assigns, forever, subject only to the proviso in the said indenture of mortgage mentioned ; and I do hereby make, constitute, and appoint the said party of the second part my true and lawful attorney, ir- revocable, in my name or otherwise, but at his proper costs and charges, to have, use, and take all lawful ways and means for the recovery of the said money and interest ; and in case of payment, to discharge the same as fully as I might or could do, if these presents were not made. In witness, etc. 295. Assignment of Partnership Property ly one Partner to Another, to Olose the Concern. "Whereas a copartnership has heretofore existed between A. B. and (/) It is qonvenient, but not necessary, the. mortgage is recorded, and to gire the here to refer to the book and page where day of recording. ASSIGNMENTS. 137 Partnership Interest. Y. Z., both of , under the firm-name of B. & Z , which said oo- partoership is hereby dissolved. Now, therefore, this indenture, made this day of , in the year , between the said A. B., party of the first part, and the said Y. Z., party (3f the second part, witnesseth : That, the said A. B. doth hereby seD and assign to the said Y. Z. his moiety of all the stock in trade, and prop- erty, of every description, belonging to the said copartnership, wherever the same may be, together with all debts and things in action, due said firm, from all persons, to have and to hold the same to the said Y. Z,, and his assigns, forever, in trust, for the following purposes — namely : That the said Y. Z. shall sell and dispose of all the property and effects belong- ing to said firm, at such time and in such manner as he may think prudent; and shall, with reasonable diligence, coBeot all the debts due said firm ; and shall, out of the proceeds of said sales, and with the moneys thus collected, pay all the debts now due from said firm, as far as the proceeds of said sales, and the sums of money collected, will go; and after fully satisfying all demands against said firm, if there be any surplus, shall pay over one moiety thereof to said A. B., or his representatives. And the said A. B. doth hereby constitute the said Y. Z. his attorney, irrevocable, in his the said Y. Z.'s own name, or in the name of the said firm, to collect all debts due said firm ; to institute and prosecute suits for the recovery of said debts, or to compound the same, as he may judge most expedient ; to defend all suits against said firm ; to execute aU such ac- quittances as may be necessary ; and, generally, to do all such acts and things as may be necessary or proper, for complete settlement of all the business and concerns of the said copartnership. And the said Y. Z., for himself, and his heirs, executors, and adminis- trators, hereby covenants .with the said A. B., and his executors, adminis- trators, and assigns, that he will sell and dispose of aU the partnership property and efiects, to the best advantage ; that he will use his best en- deavors to collect all debts due said firm ; and that he will faithfully apply the proceeds of sales, and the moneys collected, to the payment of all debts due from said firm, as far as the same will go; and after discharging all such debts, will pay over to the said A. B., or his representatives, one moiety of any surplus that may remain; and further, that he wiU keep an accurate account of aU moneys received by him, for goods sold or debts collected, as well as of all moneys paid out, and will render a just account thereof to the said A. B., or his representatives. And the said A. B., for himself, his heirs, executors, and administrators, covenants with the said Y. Z., his executors, administrators, and assigns, that if it shall be found that the debts due from said firm exceed the amount of moneys received from the sale of said partnership property, and the debts collected, he will pay the said Y. Z., or his assigns, one mriety of any balance that may then be found due from the said firm. Isr WITNESS, etc. 12ft ABBOTTS' FOKMS. Patent Eights. 296. Assignment of Entire Interest in Patentable Invention.(U) Wheeeas, I, A. B., of , have invented certain new and useful im- provements in ploughs, for which I am about to make application for letters patent of the United States ; and whereas T. Z., of , has agreed to purchase from me all the right, title, and interest which I have, or may have, in and to the said invention in consequence of the grant of letters patent therefor, and has paid to me, the said A. B., the sum of dollars, the receipt of which is hereby acknowledged : Now, this indenture wit- nesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said Y. Z., the full and exclusive right to all the improvements made by me, as fully set foi-th and described in the specification which I have prepared and executed preparatory to the obtaining of letters patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said Y. Z., as the assignee of my whole right and title thereto, for the sole use and behoof of the said Y. Z., and his legal representatives. In TESTiMONT WHEREOF, I have hereunto set my hand and affixed my seal, this day of , 18 . Sealed and delivered in presence of A. B. \Seal^ [Signatures of two witnesses.] 297. Assignment of Part Interest. Whereas, I, A. B., of , did obtain letters patent of the United States for certain improvements in ploughs, which letters patent bear date the day of , 18 ; and whereas Y. Z., of , , is desirous of acquiring an interest therein: Now, this indenture witnesseth, that for and in con- sideration of the sum of dollars, to me in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, unto the said Y. Z., all the right, title, and interest which I have in the said invention, as secured to me by said letters (i) The above form and that which fol- An inventor can assign his entire right lows it are the forms of assignments of before a patent is obtained, so as to enable patent interests, recommended in the offl- the assignee to take out a patent in liis cial instructions issued from the Patent- own name ; but the assignment must first Office. be recorded, and the specification sworn The assignee of an invention may have to by the inventor, the patent issued to him directly, but this After a patent is obtained, the patentee i.s held to apply only to an assignee of an may grant the right to make or use the entire interest. When the inventor as- thing patented, in any specified portion signs the entire interest to two or more of the United States, persons, the patent will be issued to them Every aasignment or grant of a patent jointly. But if he assigns only a part, re- should be recorded within three months taining a portion in himself, a patent will from its date ; but, if recorded after that not be issued to him and his assignee time, it will protect the assignee or jointly. He may, however, make himself grantee against any one purchasing after an assignee of a part interest. theassignmentorgrantle placed onrecord. ABSlbUN MJiJN iS, 129 Policy of Insurance. patent, for, to, and in the several States of New York, New Jersey, and Pennsylvania, and in no other place oi" places ; the same to be held and en- joyed by the said T. Z., for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are granted, as fully and entirely a"s the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof, I have hereunto set my hand and afBxed my seal, this day of , 18 . Sealed and delivered in presence of A. B. [Seal.] [Signatures of two witnesses.] 298. Assignment of Letters Patent. Know all men by these presents, that whereas I, A. B., of , did obtain letters patent of the United States for certain improvements in clocks, which letters patent bear date the day of > 18 ; and whereas T. Z., of , is desirous of purchasing from me all the right, title, and interest which I have in and to the said invention, in consequence of the grant of letters patent therefor. Now I, the said A. B., in con- sideration of dollars [to me paid before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged], have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said Y. Z., his executors, administrators, and assigns, all the right, title, and interest which I have in and to the said in- vention, as secured to me by the said letters patent, to have and to hold the same to the said Y. Z., his executors, administrators, and assigns, for his and their own use and behoof, to the full end of the term for which the said letters patent were granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment not been made. In witness whbeeof, I have hereunto set my hand and seal, this day of , 18 . Sealed and delivered in presence of A. B. [Seal.] [Signatures of two witnesses.] 299. Assignment of PoUoy of Insurance, Know all men by these presents, that whereas the Insurance Company have heretofore, for value received, issued to me their policy of insurance, in writing, dated the day of i 18 , whereby thev insured the building [specify the building inswed] against loss or damage by fire [or, the life of , or otherwise state tlie nature of the policy to he assigned] in the sum of dollars. Now I, A. B., of , in consideration of dollars, lawful money of the United States [to me paid before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged], have sold, assigned, transferred, and set over,' and by these presents do sell, assign, transfer, and riet over, unto Y Z., of , the said policy of insurance, and all sum 9 i 30 ABBOTTS' FORMS. Eeeipe. Sheriff's ABsigiiment. and sums of money, interest, benefit and advantage, whatsoever, now due, o;- hereafter to arise, or to be had or made, by virtue thereof; to, have and to hold the same unto the said Y. Z., and his executors, admiaistrators, and assigns, forever. In witness, etc. 300. Approval, to be Indorsed on the Preceding Assignment. The above assignment is approved. M. N., President \pr, Secretary] of the Insurance Company. 301. Assignment of Recipe for MaMng a Medicine. Know all men by these presents, that whereas I, A. B., of , am the inventor and proprietor of a certain method of manufacturing a certain useful and marketable medicuM known as the Eagle Tonic Bitters, accord ing to a recipe in my possession. Now I, the said A. B., in consideration that Y. Z., of , has made and delivered to me his covenant in writing and under seal, to pay to me the sum of dollars in each and every year for years, out of the profits of him, or his executors, administrators, or assigns, in making and selling said medicine, have delivered unto the said Y. Z. a recipe, or paper writing, containing directions for manufacturing said medicine, and have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said Y. Z., the exclusive right as against me, and my executors, admiuistrators, and assigns, to manufacture and sell the said medicine forever. And I do for myself, my executors, administrators, and assigns, covenant and agree to and with the said Y. Z., his executors, administrators, and assigns, that the said recipe contains full, true, and exact directions tor making the said medicine ; that I have not heretofore, and will not at any time hereafter, without the consent of him or them, directly or indirectly, disclose the secret of the composition thereof; and that I will not, without the like consent, make or compound for sale, or be in any way interested in making or compounding for sale the said medicine, or any medicine con- taining the same or similar ingredients, and designed for the like purpose. In witness, etc. 302. Assignment ty a Sheriff, to his Successor in Office. This indenture, made this day of, etc., between A. B., former sheriff of the county of , of the first part, and Y. Z., the present sheriff thereof, of the second part, witnesseth : That the said A. B. doth, by and with these presents, deliver to the said Y. Z., Ms said successor, the jail of the said county, with its appurtenances, with the property of the said couuty therein, all the prisoners confined therein, all process, orders, rules, commitments, and all other papers and documents, in the custody of the said A. B., as former sheriff as aforesaid, authorizing or relating to the ASSIGNMENTS. 131 Stock. WogcB. 30Qflnement of such prisoners, and each and every of them ; and in those i^es where any such process has been returned, a statement in writing of the contents thereof, and when returned; all writs, summonses, and' com- plaints, to be served, and all mense process, and all precepts and other docu- ments for summoning of a grand or petit jury, now in the hands of the said A. B., and which have not yet been fully executed by him ; all executions, attachments, and final process, now in the hands of the said A. B., except such as he has executed, or has begun to execute, by the collection of money thereon, or by a levy on property, in pursuance thereof The delivery is made under and in pursuance of [here specify the statvte]. And the said A. B. doth also herein and hereby recite and certify the property, process, documents, and prisoners delivered, specifying herein the process, or other authority, by which each of those prisoners was committed and is detained, and whether the same be returned or delivered to the said T. Z., the said ■ present sheriff (who hath, on the duplicate hereof, acknowledged in writing tlie receipt of such property, process, documents, and prisoners "herein specified) — that is to say : 1. The property herewith delivered is as follows: [speci/i/ it.] 2. The process herewith delivered is as follows : {give names of parties, description of process, title of court.] 3. The documents herewith delivered are as follows : [give list of them.] 4. The prisoners herewith delivered are as follows : [name them, with the diites of commitment, offences, etc.] Isr WITNESS WHEEEOF, the parties hereto have hereunto interchangeably set their hands and seals, the day and year first above written. Sealed and delivered 1 A. B. [Seal.] in presence of j Y. Z. [Seal] Witnesses^ names. 303. Assignment of Shares in Corporate Stoch.(l) [As in Form 275 to the * continuing thus:] all my right, title, and in- terest in the shares, scrip, and capital stock and property of the corporation and concern known as the Company, which company has its place of business in the County, in the State of AnD I further covenant and agree, to and with the said Y. Z., his ex- ecutors, administrators, and assigns, that at the request of him or thern I and my executors, administrators, and assigns, shall and will at aU times hereafter execute any instrument that may be necessary to vest completely m him or them all my right, title, and interest to said property, scrip, and stock, and to enable him or them to possess, control, enjoy, and transfer all the property and choses in action herein assigned, or intended to be assigned. (I) In Harper v. Eaymond, 3 £osw., 29, anoe of the contract, they may be read and 7 Abbotts' Pr., 182, it was held that together to determine the intent ; but if where a contract for an assignment of the assignment is unequivocal, its terms stock is made, and an assignment is after- must control, wards delivered and accepted in pursu- 132 ABBOTTS' FOEMS. Miscellaneous Property. Corporate Assignment. 304. Assignment of Wages Due. [As TO Form 275 to the *, continuing thus:'] any and all snm or snms of money now due, or to grow due, to me from M. N., as wages for my services as seaman on board the ship , during her voyage from New York to Liverpool and back in the year 18 {or, as journeyman carpenter, betjveen the day of i 18 i ^nd ^^ day of j 18 , or otherwise specify the services for which wages are claimed]. And I do hereby give the said Y. Z., his executors, administrators, and assigns, the full power and authority to ask, demand, collect, receive, compound, and give acquittance for the same or any part thereof, and in my name or otherwise, but at Ms or their own cost, to prosecute and withdraw any suits or proceedings at law or in equity therefor. 305. Assignment of Miscellaneous Property, Described in a Schedule.(m) [As in Form 275 to the *, continuing thus ;] all the goods, wares, mei'- chandise, notes, accounts, debts, demands \or otherwise, according to the contents of the schedule] specified in the schedule annexed to this assign- . ment, to have and to hold the same unto the said Y. Z., his executors, ad- ministrators, and assigns, forever, to and for his and their own proper use and benefit. [Add power to sue, and special covenants such as may he appropriate to the nature of the scheduled property, forms for which will he fownd he- low. Annev schedule designating the property to he assigned.] 306. Assignment hy a Corporation. Know all men by these presents, that we, the A. B. Oompaijy, of , a corporation organized under the laws of the State of , and having a principal ofBoe at , in said State, in pursuance of a resolution of the directors of the said company, passed on the day of , 18 , in consideration of dollars [to us paid before the sealing and delivery oi these presents, the receipt whereof is hereby acknowledged], have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto Y. Z., of , all the shafting, machinery, tools, dies, moulds, furniture, and fixtures belonging to us, and contained in our factory building at ; also all the stock and material of every kind, whether in a raw, manufactured, or partially manufactured state ; all farm produce and farming implements, and aU office and household furniture, and fixtures of every kind, belonging to us and contained in our building, and on our premises at , and in our ofiSoe at ; together with (fffc) An instrument by which the assignor all rights thereto appertaining, whicli are declares 'bat he assigns, etc., "all his prop- assignable in their nature. A right of ao- erty and estate of every name, kind, nature, tion for the conversion of chattels belong- and description," is sufficiently broad to ingtothe assignor, will pass bysuoh words, pass all 'ho property of the assignor, and MoKee v. Judd, 12 iV. Y. (2 Kern.), 622. ASSIGNMENTS IN TRUST FOE GEEDITORS. 133 The Eight to make Preferences. all goods and merchandise belonging to us on the day of , 18 , in the hands of \nami71g any agents of the company holding its goods for sale]. For a more full and accurate description of the property hereby conveyed, . reference is made to an inventory of said property, bearing date on tho day of , 18 , and contained ia the Inventory Book of said company \or otherwise designate the inventory]. In witness wheebop, the said company have hereto affixed their seal, and the president and secretary their signatures, this day of • , 18 . In presence of M. N., President. fWitness^s name.] [Corporate seal.] O. P., Secretary. CHAPTEE X. ASSIGNMENTS IN TRUST FOR CREDITORS. What is commonly known as a general assignment, or an assignment in trust for the benefit of creditors, is usually a transfer of all, or the bulk of the property of one who finds himself to be insolvent, to a trustee, upon trust to sell it and distribute the proceeds among the creditors of the Insolvent. As respects the way in which the various creditors shall share in the distribu- tion of their debtor's assets, the debtor, in the absence of legislation to the con- trary, may distribute his property among them as he please8.(. Fisher, 82 Barb., 198 ; Hal- stead V. Gordon, 84 lb., 422. {g) See Goodrich v. Downs, 6 Hill, 438 ; Strong V. Skinner, 4 Barb., 456 ; Barney ■0. Griffin, 2 Oomst. (2 K Y.), 366; Leitoli «. Hollister, 4 lb., 211 ; Lansing*. Wood- rufl', 1 Sandf. Ch.,i& ; Clark -o. Dowlings ASSIGNMENTS IN -JliUST i^UK CREDITORS. 135 \VJint Preferences are Unliiwfnl. Thus, again, any language in an assignment, wMcli enables the assignor to exercise a future preference among his creditors, avoids tlie instrument.' /j) Tlius, again, all provisions which disclose an endeavor to empoTi^pr the as- signor to impose conditions upon creditors, before paying their demands, avoid the assignment.® Thus, again, any directions to the assignee to deal with the estate in a given way, to increase the amount to be realized from it, avoid the assignment, when- ever they operate to delay a sale.( j) 1 HIU & D., Svpp., 105 ; Mackie ». Cairns, 5 Coio., 547; Sheldon ®. Dodge, 4 Den., 217 ; Burnum v. Hempstead, 7 Paige, 5()8 ; Ilooperinan v. Suckerman, 3 Sand/., 811 ; .Iolin.son V. Gardner, 4 If. Y. Leg. Obs., 424; Colliimbj). Caldwell, 16 iKZ, 484; Wilson V. Eobertson, 21 lb., 387 ; 19 Boui. Pr., 850 ; Smith *. Howard, 20 /*., 121. This rule, liowever, under which an as- signment is held void which reserves a surplus to the assignor, doe.s not apply to the following cases : 1. Cases in which property is assigned direct to a particular creditor, as a means of securing payment of his demand. Such an assignment, being in the nature of a mortgage for the particular demand, a trust to pay the surplus to the assignor is held to result from the nature of the in- strument; and whether it is stated in the instrument or left to implication, is im- material. Leitch V. HoUister, 4 Comst., 24 ; Hendricks v. Eobinson, 8 Johns. Oh., 284; affirmed, 17 Johns., 488; Dunham V. Whitehead, 21 N. Y., 131 ; MoLelland ». Remsen, 86 Barh., 622; 14 Abbotts' Pr., 3S1 ; 23 How. Pr., 175. 2. Cases in which the surplus directed to be returned is ouly such as may remain after paying all creditors in full. Where a surplus results under such circum- stances, the law implies a trust to repay it to the assignor. Hence a direction to repay a surplus in an assignment will not avoid it, if the instrument in effect em- powers the assignor first to pay all cred- itors in full, in case assets are sufficient. Wintringham v. Lafroy, 7 Oow., 735 ; Van Rossum V. Walker, 11 Barb., 287 ; Ely v. Cook, 18 lb., 612 ; Taylor v. Stevens, 7 Sow, Pr., 415. 3. Cases in which particular items of property are excepted from the assign- ment. As these remain open to the reach of creditors, in the same manner as they were before the assignment was made, the reservation does not operate to delay them. Carpenter v. Underwood, 19 N. 1'., 520. (h) Examples are, — when the instru- ment prefprred the creditors who sliouUl be named in a schedule to be thereafter made out and affixed (Averill v. Loncks, 6 Barb., 470) ; when it directed that, in a certain contingency, debts enumerated in a later class sho-uld be preferred to those mentioned in an earlier one (Sheldon v. Dodge, 4 Den., 217); and where it di- rected that, if certain creditors should re- fuse to release the assignor, then sucii creditors should be preferred to thetn I'.s the assignor should appoint. Comparu Bernard o. Graydon, 39 Barb., 543; Powers ». Graydon, 10 Bosw., 680. (i) As, where certain creditors are di- rected to be preferred upon the condition that they execute releases of their de- mand (Hyelop ». Clark, 14 Johns., 458; Austin V. Bell, 20 lb., 442 ; Grover v. Wakeman, 11 Wend., 187; Armstrongs. Byrne, 1 Eibo., 79; Lentillhon v. Moffiit, 1 JSdw. Oh., 451 ; Searing v. Brinckerholf, b Johns. Oh., 829; Hone s.'Henriquez, 13 Wend., 240; Gasherie v. Apple, 14 Ab- botts^ Pr., 64) ; or where the assignment authorizes a surplus to be divided among those who will execute a release. Grover V. Wakeman, 11 Wend., 187; Mills v. Levy, 2 Edw., 188; but see De Caters v. De Chaumont, 2 Paige, 49 ; Hastings v. Belknap, 1 Den., 190. See, also, upon the same general principles. Berry v. liiley, 2 Barb., 307; Bellows ®. Partridge, 19 lb., 176; Oliver Lee & Co.'s Bank i. Taloott, 19 N. Y., 146; Bank of Silver Creek v. Taloott, 22 Barb., 550; Jewett ». Woodward,! Mw., 195 ; Van Nest v. Yoe, 1 Sandf. Ch.,i; Spaulding v. Strong, 36 Barb., 310. {j) Dunham v. Waterman, 17 JK Y, 9; Van Nest v. Yoe, 1 Sandf. Oh., i\'iN. Y. Leg. Obs., 70 ; Sohlnssel v. Willett, 84 Barb., 615 ; 12 Abbotts' Pr., 897 ; 22 How. Pr., 15. 136 ABBOTTS' FORMS. Effect of Assignment. Thus, again, any permission given in tte assignment to tlie assignee to sell upon credit, althougli witli a view to realize a larger sum for ultimate distribu- tion, avoids the assignment.(A;) It is also necessary to the validity of an assignment that it should he made in good faith, without any actual intent to defraud any one. And there are some restrictions relating to the classes of persons who may make preferential assignments.(Q . A general assignee for the benefit of creditors stands in no better position, and has no higher rights in respect to enforcing choses in action transferred by the assignment than those of has assignor. He is not to be regarded as a pur- chaser for a valuable consideration .(to) Notwithstanding an assignment is originally invalid as against creditors generally, for such defects as are pointed out above, it is valid as between the parties to it, and as against all creditors who have assented to it, or in anyway ratified it. (^) As a sale upon credit necessarily protracts the ultimate distribution until the term of service expires, such a sale is held a fraud upon the right of the cred- itors to have the assets converted into money, and the money divided without delay. Eogers ». De Forest, 7 Paige, 272 ; Barney «. Grifiiu, 2 Coinst., 365; 8 iK T. Leg. Obs., 68; and 9 lb., 106; Nicholson V. Leavitt, 2 Seld., 510, and 6 lb., 591 ; Burdicb v. Post, 2 lb., 522; Houghton v. Westervelt, Seld. notes. No. 1, 32; Porter t. Williams, 5 Seld., 14:2, and 12 How. Pr., 107 ; Lyons v. Platner, 11 N. Y. Leg. Obs., 87; Eapalee v. Stewart, 27 N. Y., 810. But as in the case of clauses conferring other powers on the assignee, so in respect to the terms in which the power to sell is expressed, if they do not necessarily im- port discretionary power to sell upon credit, inconsistent with the legal duty of the trust, but may be construed as con- sistent with an immediate conversion into money, the assignment is not rendered invalid. Kellogg ii. Slauson, 1 Kern., 302 ; Whitney v. Krows, 1] Barb., 193 ; South- worth «. Sheldon, 7 Haw. Pr., 4:14; Bel- lows V. Partridge, 19 Barb., 176 ; 12 N. Y. Leg. Obs., 219; Clark ». Fuller, 21 Barb., 128 ; Nichols v. McEwen, lb., 65 ; Wilson ij. Ferguson, 10 Eow. Pr., 175 ; Clapp i). Dtley, 16 /i., 384; Meacham ti. Stearns, i Paige, 898; Wilson v. Robertson, 21 N. Y., 589; W Ecm. Pr., 850; Ogden «. Peters, lb., 23 ; Griflin v. Marquadt, lb., 121 ; Schufeldt V. Abernethy, 2 Duer, 583 ; 12 N. T. Leg. Obs., 173 ; Murphy v. Bell, 8 Roio. Pr., 468 ; Townsend v. Stearns, 80 N. Y., 209. And a clause forbidding the assignee to sell upon credit, though Kuperfluous, does not affect the assign- ment. Carpenter*. Underwood, 19 iV. Y., 620 ; Van Kossum v. Walker, 11 Barb., 237 ; Stern v. Fisher, 32 lb., 198. (Q In New York, moneyed corpora tions and limited partnerships are dis- abled from making preferential assign- ments. 1 Mev. Stat., 391, § 9 ; lb., 766, §§ 20, 21 ; Eobinson v. Bank of Attica, 21 N. Y., 406. So an infant is incompetent to assign. Fox «. Heath, 21 Sow. Pr., 384. (m) Matter of Howe, 1 Paige, 125 ; Mead v. Phillips, 1 Sandf. Gh., 88 ; Ma- rine and Fire Ins. Bank of Georgia v. Jauncey, 1 Barb., 486 ; Leger v. Bonaffe, 2 Barb., 475; Warren «. Fenn, 28 lb,, 383 ; Van Heusen v. Eadolift', 17 lb., 580 ; Bliss u. Cottle, 32 Barb., 322 ; Eeed v. Sands, 87 lb., 185; Maas v. Goodman, 2 Hil,l, 275 ; Sohieffelin i). Hawkins, 14 .46- botts'' Pr.,\\2,. Thus he takes evidences of debt subject to any offset which ex- isted against his assignor (Chance v, Isaacs, 5 Paige, 592 ; Maas -v. Goodman, 2 Bill, 275) ; and merchandise subject to any right of stoppage in transit (Harris V. Hunt, 6 Duer, 606 ; Harris v. Pratt, 17 N. Y., 249), or to any vendor's lien (Hag- gerty v. Pahner, 6 Johns. Ok., 437), which might have been enforced against his assignor. And he cannot impeach pre- vious transfers of property made by his assignor which were binding upon the latter, although they may be voidable for fraud, at the instance of creditors. Van Heusen v. Eadoliff, 17 iK Y., 580; Brow- noU V. Curtis, 10 Paige, 210 ; Storm v, Davenport, 1 Sandf. Oh., 135; Osborne v. Moss, 7 Johns., 161 ; Averill v. Loucks, 6 Barb., 470 ; Mills v. Argall, 6 Paige, b11 ; with which compare Bayard v. Hoffman; 4 Johns. Ch., 450. ASSIGNMENTS IN TEUST FOR OEEDITOES. 137 /Analysis. Individual Assignment without PreferenceB, 807. Assignment by an individual, without preferences 187 308. The same ; another form 139 309. Acceptance by assignee 139 310. Assignment by copartners, with preferences 139 .SU. The same ; another form 141 312. Inventory (required by the New York statute of 1860) H2 813. Petition for an accounting by assignee (under same statute) 143 814. Bond of assignee (under same statute) 144 815. Approval of county judge, to be indorsed on the preceding statute 144 816. Summons to assignee (under same statute) 145 307. Assignment iy an Individual, Without Preferences. Indeutttke made this day of i 18 , between A. B., of , party of the first part, and Y. Z., of , party of the second part. Wheheas the party of the first part owes divers debts, which he is unable to pay in full, and is desirous to provide f6r the payment of the same, as far as in his power, by an assignment of all his property for that purpose. ' Now TMI8 INDBNTUEE WITNESSETH: iThat the party of the first part, in consideration of the premises, and of one dollar to him paid before the sealing and delivery of these presents, the repeipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, and set over, and by these presents does grant, bargain, sell, assign, transfer, and .set over, unto the party of the second part, his heirs, executors, adminis- trators, and assigns, aU and singular the lands, tenements, hereditaments and appurtenances, goods, chattels, stocks, promissory notes, debts, choses in action, evidences of debt, claims, demands, property, and effects of every description belonging to the party of the first part, wherever the same may be situated :(?i) the same being more fuUy and particularly enumerated and described in a schedule thereof hereto annexed, marked Schedule A.(o) To HAVE AND TO HOLD the same, and every part thereof, in trust for the uses and purposes following : 1. To take possession of the said property, and to sell and dispose of the same, with all reasonable diligence, either at public or private sale, and for the best prices that can be obtained therefor, and to convert the same into money ; and also to collect all such debts and demands hereby assigned, as may be collectable. And with and out of the proceeds of such sales and collections : 2. To pay and discharge all the just and reasonable expenses, costs, and charges of executing this assignment, and of carrying into efieot the trust (/i) Such phraseology as this is held effect of the assignment to property ex- broad enougii to embrace all assignable plicitly mentioned in the schedule. All property of the assignor. It will pass his the property of the assignors will pass, t)i6 title to goods previously ordered by him reference to the schedule being oonstrut:" to be manufactured in a foreign country, as intended notfor thepurpose of restrict- and on their way hither at date of assign- ing the conveyance, but to identify the ment. Van Dine v. Willett, 88 Bari., property conveyed. Piatt v. Lott, 17 N, 31^9; 24 Sot. />., 206. Y., 478; Turner ®. Jayoox, 40 Baih., (o) Tliis last clause will not restrict the 164. 13S ABBOTTS' FORMS. Individual Assignment without Preferences. hereby created, including the lawful commissions of the party of the second part, for his services in executing the said trust. 3. To pay and discharge in full, if the residue of said proceeds is suffi- cient for that purpose, all the debts and liabilities now due, or to become due, from the said party of the first part, and which are particularly mentioned and described in the schedule annexed, marked Schedule B, to- gether with all interest moneys due and to grow due thereon. And if the residue of the said proceeds shall not be suflBoient to pay the said debts and liabilities, and interest moneys in full, then to apply the same, so far as they will extend, to the payment of the said debts and liabilities and interest moneys, proportionably to their respective amounts. And if, after payment of all the costs, charges, and expenses attending the execution of the said trust, and the payment and discharge in full of all the lawful debts owing by the said party of the fii-st part, of any and every description, there shall be any surplus of the said proceeds remaining in the hands of the party of the second part, then, Lastly, to repay such surplus to the party of the first part, his executors, administrators, or assigns. And for the better and more effectual execution of these presents, and of the trusts hereby created and reposed, the party of the first part doth hereby make, constitute, and appoint the party of the second part his true and lawful attorney irrevocable, with full power and authority to do, transact, and perform all acts, deeds, matters, and things which may be necessary in the premises, and to the full execution of the said trust ; and for the purposes of said trust to ask, demand, recover, and receive of and from all and every person and persons, all the property, debts, and demands belonging and owing to the party of the first part, and to give acquittances and discharges for the same ; and to sue, prosecute, defend, and implead for the same ; and to execute, acknowledge, and deliver all deeds and instru- ments of conveyance necessary or proper for the better execution of the trust hereby created ; and also for the purposes aforesaid, or for any of them, to make, constitute, and appoint one or more attorneys under him, and at his pleasure to revoke the same; hereby ratifying and confirming whatever the said party of the second part, or his substitute, shall lawfully io in the premises. And the party^of the second part doth hereby accept the trust created and in him reposed by these presents; and doth for himself, his heirs, executors, and administrators, hereby covenant and agree to and with the said party of the first part, his executors, administrators, and assigns, that he, the said party of the second part, will honestly and faithfully, and without delay, execute the same according to the best of his skill, knowledge, and ability. In witness wheebop, the parties to these presents have hereunto set theil hands and seals, the day and year first above written. Sealed and delivered ( A. B. [Seal.} in presence of ) T. Z. [5eaZ,] [ Witnesses' names.\ , ASSIGNMENTS IN TRUST POE OEEDITOES. 139 Preferential Assignment by Copartners. 808. The Same ; Another Form. Know all men by these presents, that whereas I, A. B., of , am indebted to divers persons in considerable sums of money, which I am at present unable to pay in full, and am desirous to convey aU my property for the benefit of all my creditors without any preference or priority. Now, THEKEPOEE, I, the Said A. B., in consideration of the premises, and of one dollar to me paid by T. Z., of , the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said Y. Z., all my lands, tenements, hereditaments, goods, chattels, property, and rights in action of every name, nature, and descrip- tion, wheresoever the same may be, except such property as is by law exempt from execution ; to have and to hold the same unto the said Y. Z., in trast, to sell and dispose of the said real and personal property, and to collect the said rights in action, with the power to compound for the said rights in action, taking a part for the whole, where the said Y. Z. shall deem it expedient so to do ; and then in trust to apply the proceeds of the said property and rights in action in the following manner : 1. To pay the costs and charges of these presents, and the lawful expenses of executing the trust hereby created. 2. To distribute and pay the remainder of said proceeds to the creditors of me the said A. B., for all debts and liabilities which I may be owing or indebted to any person whatever ; provided, however, that if there shall not be sufficient funds with which to pay all my said debts, then the said debts are to be paid ratably and in proportion. 3. The residue and remainder of said proceeds, if any there be, after pay- ing all my said debts in full, the' said Y. Z. is to repay to me, or my executors, administrators, and assigns. In witness whereof, I have hereunto set my hand and seal, the day and year first above written. In presence of A. B. [Seal.'] [Witnesses' signatures.'] 309. Acceptance ty Assignee. I hereby accept the trust created by the above instrument, and agree faithfully to perform the same. [Date.] Y. Z. 310. Assignment by Copartners, 'With Preferences. Tfiis 1NDENT0EE, made the day of j 18 , by and between A. B., 0. D., and E. F., doing business in the city of , under the name and firm of B. D. & Co., parties of the first part, and Y. Z., of the same city, party of the second part. WnEiiEAS the parties of the first part are indebted to divers persons and firms, in various sums of money, and have become and are unable to pay such indebtedness in full, and whereas, in order to have their assets and 140 ABBOTTS' FOEMS. Preferential Assignment by Copartners. effects collected and faithfully applied in and towards the payment of their said debts, they have concluded to execute these presents. Now, THEEEEOEE, tUs indenture witnesseth : That the pai-ties of the first part, in consideration of the premises, and of one dollar to them in hand paid by the party of the second part, at or before the execution and delivery' of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bai-gaiu, assign, and set over unto the party of the second part, all and singular the real and personal estate, merchandise, books, debts, books of account, bills receivable, promissory notes, contracts, debts, dues, assets, and demands of every nature, kind, and description, of the parties of the first part,(p) wheresoever such property, assets, and effects may be or be situated, except such property as is by law exempt from execution. To HAVE AMD TO HOLD the above granted and assigned property and effects, and every part thereof, unto the said party of the second part, his successors and assigns. In TEnsT, nevertheless, for the uses and purposes following — ^that is to say, to sell, dispose of, collect, recover, and receive the said property, moneys, and effects, and generally to convert the same into money ; and after de- ducting the expense of drawing and executing these presents, and the trusts hereby created, then to apply the said moneys and proceeds, in the first place, in and towards the payment of the indebtedness of the parties of the first part, to the party of the second part, to K. L. and to M. N. for profes- sional services, a note for five hundred dollars, indorsed by O. P., and now held by the City Bank, also any balance which may remain justly due and owing to Q. li. ; so that the several debts hereinbefore mentioned shall be paid in full, if the assets be sufficient, and if not, then ratably and in pro- portion, without any preference. . ■ And in the second place, and after the payment of the last above-men- tioned debts in full, then in trust to apply the residue and remainder of the said proceeds in and towards the payment of the debts of the said firm in full, if the same be suflSoient, but if not, then ratably and in proportion, without any preference, between, the creditors referred to in this class. And in the third place, and after the payment of all the partnership debts of the parties of the first part, if there be any assets or proceeds remaining, then in trust to apply the same in anil towards the payment of the individual debts and liabilities of the parties of the first part,(p) the share or portion of such surplus belonging to each of the respective parties to be applied to the payment of the debts of such party (and not to the debt of the other), and without preference to the individual creditors. And the parties of the first part hereby constitute and appoint the party of the sgcond part their attorney irrevocable, to ask, demand, collect, sue for, recover, and receive the above assigned property and effects, and every part thereof. (p) Tliat tliis phraseology will not op- see Morrison u. Atwel], 9 -ffo5W., 503; and erate as an assignment of the individual compare, Scott o. Guthrie, 10 Jiosw., property of uiembors of the parlnershipj 408. ASSIGNMENTS IN TRUST FOE OEEDITOES. 141 Preferential Assignment by Copartners. And the party of the second part hereby accepts the trusts above created, and agrees to execute the same to the best of his ability. In witness wnsEBOF, etc. 311. The Same; Another Form. This EnsEuruEE, made the day of ,18 , between A. B. and C. D., copartners under the name, style, and firm of A. & Co., of , parties of the first part, and Y. Z., of the same place, party of the second part. Whereas the said copartnership is justly indebted in sundry considerable sums of money, and has become unable to pay and discharge the same with punctuality or in full, and the said parties of the first part are now desirous of making a fair and equitable distribution of all their property and effects among their creditors. Now, THEKEFOEE, tHs indenture witnesseth : That the said parties of the first part, in consideration Ofthe premises, and of the sum of one dollar to to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released, assigned, transferred, and set over, and by these presents do grant, bargain, and sell, release, assign, transfer, and set over unto the said party of the second part, and to his heirs and assigns, forever, all and singular the lands, tenements, hereditaments, and all the goods, chattels, merchandise, bUls, bonds, notes, book accounts, claims, demands, choses in action, judgments, evidences of debt, and property of every name and nature whatsoever of the said parties of the first part.(5') To HAVE AHD TO HOLD the Same, and every part and parcel thereof, with the appurtenances, to the said party of the second part, his heirs, executors, administrators, and assigns. In tetist, nevertheless, to and for the following uses, intents, and purposes — that is to say, that the said party of the second part shall forthwith take possession of all and singular the lands, tenements, hereditaments, property, and effects hereby assigned, and sell and dispose of the same" for the best prices which he shall be able to obtain, and to convert the same into money, and shall also collect all and singular said debts, due-biUs, bonds, notes, accounts, claims, demands, and choses in action, or so much thereof as may prove collectable, and thereupon execute, acknowledge, and deliver all necessary conveyances and instruments for the purposes aforesaid ; and by and with the proceeds of such sales and collections, the said party of the second part shall first pay and disburse all' the lawful expenses, costs, charges, and commissions of executing and carrying into effect this assignment; and by and with the residue or net proceeds and avails of such sales and ooUeo- tions, the said party of the second part shall : 1. Pay and discharge in full the debt due to the firm of M. & Co., of , for the sum of $ 2. By and with the residue and remainder of said net proceeds and (j) See note (») to Form 807. 143 ABBOTTS' FORMS. Inventory. avails, pay and discharge the several and respective debts, hills, notes, or sums of moaey dne, or to grow due, from the parties of the first part to the persons designated' in the schedule hereto annexed, together with such interest as may acrue tliereon ; and if such net proceeds and avails shnll not be sufiicient to pay the same in full, then such net proceeds and avails shall be distributed ^ro rata among said persons, according to the amount of their respective claims. 3. By and with the residue and remainder of said net proceeds and avails, if any there shall he, the party of the second part shall pay and dis- charge all the other copartnership debts, demands, and liabilities v»hatsoever, now existing, whether due or hereafter to become due, provided such remainder shall be sufficient for that purpose ; and if not sufficient, then the same shall be applied fro rata to the payment of said debts, demands, and liabilities, according to their respective amounts. 4. By and with the residue and remainder of said net proceeds and avails, if any there shall be, the party of thtf second part shall pay and dis- charge all the private and individual debts of the parties of the first part, or either of them, whether due or to grow due, provided such remainder shall be sufficient for the purpose ; and if insufficient, then the same shall be applied pro rata^ share and share alike, to the payment of said debts, ac- cording to their respective amounts. (?•) And for the better execution of these presents, and of the several trusts hereby reposed, the said parties of the first part do hereby mate, nominate, and appoint the said party of the second part the true and lawful attorney irrevocable of them and of each of them, with full power and authority to do, transact, and perform all acts, deeds, matters, and things which can or may be necessary in the premises, as fully and completely as the said parties of the first part, or either of them, might or could do, were these presents not executed; and attorneys, one or more, under him, to make, nominate, and appoint, with full power of substitution and revocation, hereby ratifying and confirming all and every thing that our said attorneys, or his attorneys, sliall do or cause to be done in the premises. And the party of the second part hereby accepts the trust created by these presents, and covenants that he will faithfully perform the same. Ih" witness wheeeof, etc. lAnnex a schedule describing the debts intended to be preferred in the second class^ 312. Inventory [Required by the New Yorh statute ofl860{d)]. The following is a full and true inventory of all the creditors of A. B , (r) That such a provision as this does Barb., 16i. But the clause on this siib- not render an assignment invalid, as jeotin the preceding form is to be pre- operating, on its face, to expose the share ferred. of one partner to be applied to pay debts («) By Zaws of N. T. of 1860, 594, cli. of the other, before his own have been 848, it is provided that assignments in paid in full, see Turner v. Jaycox, 40 trust for creditors must be in writing, and ASSIGNMENTS IN TRUST FOR CREDITORS. U3 Petition for Accounting. who has madi an assignment to Y. Z., which shears date the day of , 18 . To M. N., of , is due the sum of $ , for money horrowed from liim at , on the day of i 18 , with interest from that day. To O. P., of , is due the sum of $ , for rent of house No. , street, in said place, for the year ending on the day of , 18 . [Til liTce manner specify the names and residences of all creditors, the sums due them, and the consideration of the indebtedness.] The following is a full and trae inventory of the estate and assets of A. B., on the said day of , 18 "[the date of the assignment]. One honse and lot of land in , the value of which is | , and which is unencumbered. [In like manner specify other items of property constituting the assigned estate.] 31.3. Petition for an Accoxmling l>y Assignee [under same statute). To the Hon. H. L. S., County Judge : The petition of M. N., of , respectfully shows : That A. B., of , did, by an instrument in writing, dated the day of i 18 , duly assign and set over all his property to Y. Z., of the same place, as his assignee for the benefit of his creditors ; and that the said Y. Z. has given and filed ftcknowledged, sind the certificate of ac- After a year from the date of assign- kiiowledgnient indorsed before deUvery. ment the county judge may, upon the pe- Witliin twenty days the assignor must titlon of any creditor, compel an account- make and deliver to the county judge a ing. Special provisions regulating pro- verifled inventory, containing — 1. An ac- ceedings for this purpose are given in the count of all the creditors. 2. The resi- act. dence of each creditor, if known. 3. The It has been a subject of some dispute sum owing to each creditor, and nature of how far these provisions are directory er.ch debt. 4. The consideration of each merely, and how far a compliance with debt, and the place where it arose. 5. A them is essential to the validity of tlie as- Htutoraent of any security for the payment signment. The result of the cases appears ol' any debt. 6. A full and true inventory to bo, that until the assignment has been of all the debtor' .s estate at the date of the reduced to writing, acknowledged, and the assignment, and the encumbrances there- certificate of acknowledgment indorsed on, and of all vouchers and securities re- upon it, it can have no validity. Cook v. lating thereto, .ind the value of such Kelley, 12 diiotte' I'r., So; 14 Ih.,i6S\ estate. Assignment and inventory must Faifchild v. G-wynne, 16 3., 23 ; reversing be recorded in the ofiioe of the clerk of S. C, 14 lb., 121. the county where the debtor resided at But the provisions requiring an inven- the date thereof. tory, a bond, etc., are directory ; and a The assignee must, within thirty days, failure to obey them does not affect the and before selling, etc., any of the assigned assignment, but merely makes a case for property, give a bond, with sureties, for a enforcing compliance. Evans's. Chapin, faithful discharge of duty, and a due ac- 12 Abbotts^ Fr., 161 ; S. C, 20 How. Pr., counting; and this bond must be filed in 289 ; Juliand v. Eathbone, 89 Barb., 97," the county clerk's office where the assign- Kead v. Worthington, 9 Bosio., 617. ment is recorded. 144 ABBOTTS' FORMS. Bond of Assignee. Approval. the proper security, and entered upon the duties of his trust as such as- signee, and that more than one year has elapsed since the date of said assignment. That yonr petitioner is a creditor of the said A. B., atjd inter- ested in the distribution of the proceeds arising from said assignment; and he asks that your honor will issne a citation or summons, compelling the s.iid Y. Z., assignee as aforesaid, to appear before you, at a time and place to be named in said summons or citation, and show cause why an account of the trust fund shall not be made, and a decree rendered directing tlie said Y. Z. to pay your petitioner his proportional part of such fund; and that such other proceedings may be taken herein as to your honor may seem just and equitable. _ [Signature.'] OoTJNTT or , ss. M. N"., being duly sworn, says he has [heard] read the foregoing petition by him subscribed, and that the same is true to the best of his knowledge and behef. [Jurat] [Signature.] 314. Bond of Assignee (under same statute). Know all men by these presents, that we, Y. Z., of , and M. N. and 0. P., of the same place, are held and firmly bound unto the People of the State of New York in the sum of dollars, lawful money of the United States of America, to be paid to the said the People of the State of New York or their assigns; for which payment, well and truly to be njade, we hind ourselves, onr heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seal. Dated the day of , 18 . "Whereas one A. B. has made an assignment of all his goods, chattels, and credits to the above-named Y. Z., for the payment of the debts of the said A. B., as expressed in said instrument of assignment, bearing date the day of ) 18 , and recorded in the clerk's ofiBce of the county of , on the day of j 18 i which said assignment the said Y. Z. has accepted, on being ordered by the county judge of County to give bond with security in the sum of : Now the condition of this obliga- tion is such, that if the said Y. Z. shall faithfully discharge the duties a< such assignee, and duly account for all moneys received by him as such assignee, and obey all orders or decrees which may be made by the county judge of County in regard to said assignment, then this obligation to be void ; otherwise, to remain in full force and virtue. Y. Z. [Seal ] M. N. [Seal] . O. P. [Seal] 315. Approval of County Judge, to ie Indorsed on the Preceding Bond. I hereby approve of the form and sufficiency of the within instrument. , 18 . H. L. S. County Judge. AUCTIONS. 145 General Principles. 316. Summons to an Amgnee (under same statute). County of , ss. To Y. Z., Esq. : In the name of the People of the State of New York, you are couimanJcd to appear before me, the county judge of County, at my office in , on the day of , at o'clock in the forenoon, to show cause why an account should not he rendered by you of the trust fund in your hands, created by the assignment of A. B. to you, dated , 18 , and why a decree shonld not be entered requiring that the funds be paid over to the seyeral persons entitled to receive the same. Hereof fail not at your peril. , H. L. S., [Bate.'] County Judge. CHAPTER XL, AUCTIONS. Sales by auction are usually regulated by statute, requiring auctioneers to obtain licenses or give bonds, or both, and to render accounts, etc., to the State. For the particulars of these regulations, the reader must consult the statutes of his State. The forms of bond and oath to account here given are agreeable to the laws of New York. PAOE 817. Bond of auctioneer 145 318. Acknowledgment and approval 146 819. Certificate to be indorsed on copy for county clerk 14C 320. Notice by magistrate to comptroller 14u 321. Oath of copartner or clerk ^ 147 822. Oath of auotioneei to semi-annual account 147 328. Oath of partner or clerk to account containing any sales made by him 147 824. Terms of sale of real property 148 825. Memorandum of sale 148 817. Bond of Auctioneer.(a) Know all men by these presents, that we, A. B. [the auctioneer], of , and C. D. and E. F. [naming his sureties], of , are held and firmly bound unto the People of the State of New York in the penal sum of (b) dollars, to be paid to the People of the State of New- York, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly aud severally, firmly by {a) Where the bond is given in the (b) For the penalty aud condition, city of New York, a copy is to be made see Laws of N. Y., 1838, cb. .52 ; Xaw of both the bond and the acknowledg- of 1846, ch. 62; Laws of 18G6, vol. 2, ment, and certified by the masjistrate, by p. 118Y, ch. 547. indorsing Form 319 upon it. But see L. 1866, ch. 547. 10 146 ABBOTTS' FORMS. Auctioneer's Bond. Approval, tliese presents. Sealed with our seals, and dated the day of , in t'he year of our Lord one thousand eight hundred and Whereas, the above bounden A. B. [naming the auctioneer] Is a citizen of the State of New York, resident in the county of ; and whereas the said A. B. designs and intends to become an auctioneer, and to transact the business and perform the duties of an auctioneer in the said county of : ■ Now THE ooNDiTiojf of this obhgation is such, (5) that if the said A. B. shall faithfully perform the duties of his office ; and shall well and faith- fully pay the fees or duties that are or shall be imposed by law, and that shall accrue on sales made by him the said A. B., or under his direction, as such auctioneer as aforesaid, or by virtue of his office, and if the said A. B. shall render a true and accurate account semi-annually on the first Mondays of July and January in each year of all goods sold, and also of all goods struck off but not actually sold, as is directed and required by the existing provisions of 1 aw, then this obligation shall be void ; but in case the said A. B. shall fail to perform said duties, or to pay said duties or fees, or any part thereof, or to render such accoimt as is above required, then this obligation shall bo and remain in full force and effect, and the obligors shall be deemed to have forfeited the said bond. [Signatures and seals.] 318. Achnowledgment and Approval. State of New York, ) • > ss, Oity [or, County] of . ) On the day of ^ 18 , before me M. N., the mayor [or, recorder], of the said city [or, if not for a city, say, connty judge of said county], per- sonally appeared the above-named A. B., 0. D., and E. F., known to me to be the same persons described in, and who executed the above bond, and acknowledged that they executed the same, for the purposes therein inen- tioned. 'And I hereby certify that I approve of the within bond, and that it was taken by me on the day last aforesaid. [Signature and title.] 319. Gertifieate to be Indorsed on Copy for County ClerJi.(c) OotWTY or , ss. I HEEEBT OEETiFT, that the withiu is a true copy of a bond taken and approved by me, and of the certificate of acknowledgment and approval thereon indorsed by me, and of the whole of said bond and certificate, and that said certificate was executed the day it bears date. [Date.] [Signature and title.] 320. Notice iy Magistrate to Comptroller. I HEEEBT OEETIFT, that ou the day of ,18,1 approved a bond for A. B., as auctioneer of the city [or, of the connty] of , and that the sureties entering into the said bond were 0. D. and E. F., both mer- chants [or otherwise], residing or doing business in the city of [Date.] [Signature and title.] (c) See note (a). AUCTION'S. 147 - Affidavits of Anotioneers and Olorks. 821. Oath of Copartner, or Clerh. I, G. H., of , do solemnly swear [or, aiBrm], that I am the copartner [or, hired clerk] of A. B., an auctioneer duly authorized to act as such, in and for the city [or, county] of ;* and that I will fully and faithfully perform the duties incumbent on me by the provisions of Title I., of Chapter 17, of Part I. of the Revised Statutes of the State of New York, and the acts amending the same. Taken and subscribed before me, at) [Signature.'] , this day of , 18 . f [Signature and title of magistrate.] 322, OatJi of Auctioneer, to he Indorsed on His Semi-annual Account. I, A. B., do solemnly and sincerely swear [or, affirm] that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise, and effects sold or struck oft', or struck oft' and not actually sold, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in, as aforesaid, by others in my name, or under my direction, or for my benefit, within the time mentioned in the within account, and of the days upon which the same were re- spectively sold; and that I have attended personally such of the said public sales as are not stated in the said account to have been made without my attendance ; and that the causes therein mentioned of my absence from such sales as I did not attend, are truly stated ; that I have examined the entries of all the sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects correct; and further, that I have, during the time therein mentioned, conformed in all things to the true intent and meaning of the laws regulating sales by auctioneers, according to the best of my knowledge, information, and belief Takbit [etc., as in Form 321]. . [Signature of auctioneer.] 323. Oath of Partner or Cleric, to he Indorsed on Ac-ount Containing Any Sales Made hy Him. [As in Form 321 to the * continuing thus:] and have been such clerk for six months last past; that I believe the account of sales within, rendered by the said A. B., to be just and true in every particulftr; that the sales therein mentioned, opposite to which my name is set [or, my initials are set], are all the sales liable to auction duties, public or private, made by me within the time mentioned in said account ; and that the account of snoh sales so therein stated, is just and true; that such sales were made by me, in the absence of said A. B., who was unable to attend, from the causes specified in his account ; and that in all acts performed by me, in behalf of such auctioneer, during the time aforesaid, I have endeavored to conform to the true intent and meaning of the laws regulating sales by auctioneers. Taken [etc., as in Form 321]. [Signature of deponent.] 148 ABBOTTS' FOEMS. Auction Sales. 324. Terms vf Sale of Real Property. The premises described in the annexed advertisement of sale \or other- wise identify them] will be sold \jf ly an officer under order of court, add, under the direction of A. B.], upon the following terms : 1st. Ten per cent, of the purchase-money of said premises will be re- quired to be paid to the auctioneer [or, to said A. B.], at the time and place of sale, and for which his \or, the owner's] receipt will be given. 2d. The residue of said purchase-money will be required to be paid to the said , at his office at , on the day of , 18 , when the said owner's [or officer^} deed will be ready for delivery. .3d. The vendor is not required to send any notice to tbe purchaser ; and if he neglects to call at the time and place above specified, to receive his deed, he will be charged with interest thereafter on the whole amount of his purchase, unless the vendor shall deem it proper to extend the time for the completion of said purchase. [4th. All taxes, assessments, and other encumbrances, which at the time of sale are liens or encumbrances upon said premises, will be allowed by the master [or, referee] out of the purchase-money; provided the pur- chaser shall, previously to the delivery of the deed, produce to the master [or, referee] proof of such liens, and duplicate receipts for the payment thereof.](^ 5th. The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of his purchase, and pay, in addition to the purchase-money, the auctioneer's fee of ten dollars, for each parcel separately sold. 6th. The biddings will be kept open after the property is struck down ; and in case any purchaser shall fail to comply with any of the above con- ditions of sale, the premises so struck down to him will be again put up for sale [under the direction of the said A. B.], under these same terms of sale [without application to the court, unless the plaintiff's attorney shall elect to make such application] ; and such purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale, and that for which they may be purchased on the resale, and also any costs or expenses occurring on such resale. [Date.} 325. Memorandum of Sale. I HAVE this day of , 18 , purchased the premises described in the above annexe* printed advertisement of sale, for the sum of dol- lars, and hereby promise and agree to comply with the terms and conditions of the sale of said premises, as above mentioned and set forth. [Date.} [Signature of purchaser.} [Date.} Received from [naniing purchaser} the sum of dollars, being ten per cent, on the amount bid by him, for property sold by me [under the judgment in the above-entitled action], [Signature of auctioneer or officer.} (d) This clause is Usual ouly in case of judicial sales. BANKS. 149 AfSdavit to Unclaimed Fuuds, CHAPTEE Xn. BANKS. Previous to the year 1863, banking corporations were almost without ex- ception formed by charters granted by the legislatures of the several States, or under general laws framed to authorize the free formation of associations for the purpose of banking. Since the enactment of the National Banking Law {Act of Congress of February 35, 1863), banks have been formed under that law ; and the necessary forms for the proceedings are prepared by the Treasury Department, and are to be had by application to that Department at Washington, D. C. Forms relating to Bank Stock will be foimd in the chapter of Cokpobations. Savings Banks are still formed under State charters. 320. Affida/oit to Statement of Unclaimed, Dividends or Deposits. State of , 1 County of . j ' A. B., of said county, being duly sworn, deposes and says, that he is the cashier \or, president] of the Bank, and that the above [or, annexed] statement of dividends [or, deposits] remaining unclaimed in the said bank for the space of two ye^rs next preceding the day of instant, is in all respects just and true, according to the best of the knowledge and belief of this deponent. * SwoEN {etc., as in Form 258]. [Signature of deponent. 1 CHAPTER Xin. BASTARDY. In order to prevent illegitimate children from being abandoned and becom- ing a public charge, the laws provide proceedings for securing proper care for any such child, and for ascertaining the father and compelling him to provide for its support. The details of these proceedings are regulated by the statutes ; and in the use of these forms, which are drawn according to the laws of New York,(a) reference should be had to any peculiar provisions which may have been (a) 1 New York, Bev. Stat., 642. 150 ABBOTTS' FORMS. ^ t Bastardy Proceedings. adopted in the statutes of the particular State in which they are used. The liability of the father is created by the statute, and the directions of the statute must be strictly followed in order to enforce the liability.(&) PAGB 327. Application of a superintendent, or overseer, of the poor 1.50 S28. The same; when the application is before the birth 150 329. Affidavit of the mother, on her examination before the magistrate 151 330. The same ; when the examination is taken before the birth 151 331. Warrant to apprehend reputed father 151 332. Indorsement on a warrant to be executed out of the county 151 333. Indorsement of justice in another county 151 334. Bond of reputed father, on arrest in another county, to indemnify the county, etc 152 385. The same ; conditioned to appear 152 336. Certificate of discharge, on executing either foregoing bond 153 887. Bond to obtain adjournment of the hearing before the magistrate 153 838. Subpoena 154 839. Warrant to bring up the motlier to testify 154 340. Order of filiation 164 341. Bo^d for support of child and mother, under order of filiation 155 842. Bond to appear, to be given instead of the foregoing 166 343. Wan-ant to commit reputed father 166 344. Order of filiation made in the absence of the reputed father, he having been arrested in another county 157 845. Warrant to commit a mother refusing to disclose the father's name 157 346. Summons to mother having property in her own right 168 347. Order thereon ' 158 348. Notice of appeal from order of filiation 158 327. Application of a Superintendent^ or Overseer, of the Poor. COTJlA'T OP , «s. To M. N., Esq., a justice of the peace of said county: A. B. having been delivered of a bastard, which is chargeable [or, which is likely to become chargeable] to * the said county [or, to the town of , in said county] ; the undersigned [one of the] superintendents of the poor of the said county [or, overseers of the poor of said town], pur- suant to the statute in such case made and provided, maies application to you to inquire into the facts and circumstances of the case. Given under my hand [or, our hands], at , this day of , 18 . [Signature and titled] 328. The Same; When the Application is Before the Birth. County of , ss. To M. N., a justice of the peace of said county : A . B. being pregnant of a child likely to be born a bastard, and to become chargeable to [continue a3 in preceding form from the *]. (J) Moncrief v. Ely, 19 Wend., 405 ; Birdsall Hi. Bklgerton, 25 lb., 619. BASTAKDT. 151 Affidavit of Mother. Warrant against Father. 329. Affidavit of the Mother, on her Examination Before the Magistrate. OOTTNTY OF , «S. A. B., of the town of , in said county, being duly sworn, says, that on the day of last, she was delivered of a bastard child, which is chargeable [or, which is likely to become chargeable] to * said county \or, to the town of , in said county] ; and that Y. Z., of , is the father of said child. Subscribed and sworn, this day 1 [Signature of mother.] of > 18 , before me, ) [Signature of] Justice. 330. The Sam^ ; When the Examination is Taken Before the Birth. COTJNTT OF , SS. A. B., of the town of , in said county, being dnly sworn, says that she is now with child, and that the child of which she is pregnant is likely to be born a bastard, and to become chargeable to [continuing as in the preceding form from the *]. 331. Warrant to Apprehend Reputed Father. OoUNTT OF , M. To any constable of said county, greeting : Whereas A. B., of , in said county, upon her examination on oath before me the undersigned, a justice of the peace of said county, this day had, did declare that [etc., as in the examination] ; and whereas E. F., over- seer of the poor of said town [or, one of the superintendents of the poor of said county, as the case may le], in order to indemnify the said town [or, county] in the premises, has applied to me to inquire into' the facts and circumstances of the case, and to issue my warrant to apprehend the said T. Z. : You are, therefore, hereby commanded, in the name of the Peoplii of the State of New York, forthwith to apprehend the said Y. Z., and bring him before me, at my ofBoe in aforesaid, for the purpose of having an adjudication respecting the filiation of such bastard child [or, of sueh child likely to be born a bastai'd]. OiVEN [as in Form 327]. 332. Indorsement on a Warrant, to be Executed Out of the County. I, the within-named justice of the peace, direct that the penal sum in which any bond shall be taken of the within-named Y. Z. shall be dollars. \Signature of^ Justice. 333. Indorsement of Justice in Another County. County of , «s. The within warrant, with the indorsement made thereon by the justice by whom it was issued, of the sum required to be put in the bond, having 152 ABBOTTS' FORMS. Bond of lieputed Father, on Arrest. been presented to me the undersigned, a justice of the peace of and re- siding in said county; and proof having been made to me, by the oath of K. S., of the handwriting of the justice who issued the said warrant, the arrest of the said Y. Z. is hereby authorized, if he can be found within the said county of Given {etc., as in Form 327]. 334. £ond of lieputed Father, on Arrest in Another County, to Indemnify the County, etB.(c) Know all men by these presents, that we, Y. Z. and E. F., of , in the county of , farmer, and G. H.,((i) of , in said county, merchant, are held and firmly bound unto the People' of the State of New York, in the sum of dollars, for the payment whereof to the said People we bind ourselves, our heirs, executors, and administrators, jointly and sev- erally, firmly by these presents. Sealed with our seals. Dated this day of ,18 .* The condition of the above obligation is such, that whereas the said Y. Z. has been this day brought before the undersigned Q. E., one of the jus- tices of the peace of the county of , by virtue of a warrant issued by M. N., one of the justices of the peace of the county of , whereon the name of said justice [or, of 0. P., one of the justices of the peace of the said county of ], is indorsed, with an authority to arrest the said Y. Z,, in said county of ; in which warrant it is recited that A. B., of , in said county of , upon her examination on oath, before the said M. K, justice, did declare that she then was pregnant of a child, which is likely to be born a bastard, and to become chargeable [or, did declare that she was, on the day of last, at aforesaid, dehvered of a bastard child, which is, or, is likely to become, chargeable] to said town [or, county] ; and upon the said warrant is indorsed the direction of the said M. IST., that the penal sum in which any bond should be taken of the said Y. Z. should be dollars, t Now, theeefoee, if the said Y. Z. shall indemnify the said county, and town, or city [naming the place where the bastard shall have been born, or where the woman likely to have such bastard shall be], and every other county, town, or city which may have incurred any expense, or may be put to any expense, for the support of such child, or of its mother during her confinement and recovery therefrom (e), against ah such expenses, and shall pay the costs of apprehending him the said Y. Z., and of any order of filiation that may be made in this matter,(/) then the above obligation to be void ; otherwise, of fnll force and virtue. Sealed and delivered in my presence, ) [Signatures and seals.'\ and the sureties approved by me, J [Signature ofl Justice. (c) The justice may take a bond to ap- requires two. See Ward ». Whitney, 8 pear, instead of the above. (See ne.\t N. T. (l&W.), 442. form.) («) See note (m), infra, (rf) A bond, if given with only one (/) If the condition of the bond is more surety, would be valid, though the statute onerous than that prescribed for the case BASTARDY. 153 Bond of Reputed Father. 335. The Same ; Conditioned to Appear.(g) [As in the preceding form to the t, continuiiig thi{a:'] Now, therefore, If the said T. Z. shall appear at the next Court of Sessions to be holden in the said county of , where such warrant was originally issued, and not depart the said court without its leave, then the above obligation to be void ; otherwise, of full force and virtue. [Attestation, signatures, etc., as in preceding form.'] 336. Certificate of Discharge, on Executing Either Foregoing Bond.Qi) COHNTT OP , ss. I certify that the within-named T. Z,, who was brought before me, one of the justices of the peace of the county of , by virtue of the within warrant, was discharged from arrest by me, upon his executing a bond pur- suant to statute. GrvEN [etc., as in Form 327]. 387. Bond to Ohtain Adjournment of the Hearing Before the Magistrates. [As in Form 334 to the * continuing thus ;] The oondition of this obliga- tion is such, that whereas the above-named Y. Z. has been this day brought before M. K. and O. P., two of the justices of the peace of said county, charged upon the oath of A. B., of aforesaid, as the reputed father of a bastard child, with which the said A. B. alleges she is pregnant [or, of a bastard child lately born of said A. B.], the said justices having associated, pursuant to statute, to examine the matter, and adjudicate respecting the filiation and maintenance of such bastard child [or, such child likely to be born a bas- tard]. And whereas, at the request of Y. Z., and for suflQcient reason^ given, the said justices have determined to adjourn the said examination and adjudication, upon the execution of this bond, until the ' day of , at o'clock in the noon, at the oflce of said , in . Now, THEEEFOEE, if the Said Y. Z. shall personally appear before the said justices, at the time and place last aforesaid, and not depart therefrom without leave of said justioes,(i) then this obligation to be void; otherwise, of full force and virtue. [Attestation, signatures, etc, as in Form 334.] bythe statute — «. y., if, where only indem- People «. Tilton, 18 Wend., 597. But if nity should be required, payment of such it require him to do both the one and the sums as should be ordered by the justices -other, it would be void. Hoogland ». or the court is required by the condition, Hudson, 8 Mow. Pr., 843. as well as indemnity — the bond is wholly (A) Tins certificate shouW be indorsed void, as being taken by color of ofiBce. on the warrant. People V. Meighan, 1 Hill, 298 ; and see (i) The " appearance" intended by the People «. Mitchell, 4 Sand/,, 466 ; Hoog- statute is not merely a teinporiiry one, but land V. Hudson, 8 Sow. Pr., 343. a continued appearance and attendance {g) A bond conditioned that the father until the examination and subsequent will indemnify the county, etc., or appear proceedings are finally closed. People v. at the sessions, is valid, though it ought Jayne, 27 Barb., 58. to embrace but one of the alternatives. 154-. ABBOTTS' FORMS. Subpoena. Warrant. Order of Filiation, 338. Subpmna. To {here name the witness], greeting : Tou are hereby coinmaiided, in the name of the People of the State of New York, personally to appear before M. N. and the undersigned O. P., two of the justices of the peace of said county, forthwith [or, on the day of , 18 , at o'clock in the noon, as the case may be], at the oflSce of , in , in said county, to testify what you do know touching the father of a bastard child, wherewith A. B. alleges she is now pregnant [or, which was lately born of A. B.] Witness my hand, at , this day of , 18 . [Signature of] Justice. 339. Warrant to Bring Up the Mother to Testify. OOTJNTT OF , SS. To any constable of said county, greeting : Whereas, we, the undersigned, two justices of the peace of said county, have, upon the application of the overseers of the poor of the town of , in said county [or, one of the superintendents of the poor of said county], associated for the purpose of examining into the matter of a complaint made to us by said overseers [or, superintendents], that A. B., of said town, is now pregnant with a child, which is likely to be born a bastard, and to be- come chargeable to said town [or, county], [or, that A. B. has been delivered in said town of a bastard child, which is [likely to become] chargeable to said town [or, county] : And T. Z. having been brought before us this day, charged as being the putative father of said child : Now, theeefoee, to the intent that the said A. B. may be examined before us on oath, and in the presence of the said T. Z., touching the father of said ohUd, you are hereby commanded, in the name of the People of the State of New York, to bring the said A. B. forthwith before us, at , in aforesaid. Given [etc., as in Form 327]. , 840. Order of Filiation.(j) OOTINTT OF , SS. Whbeeas, we, the undersigned, two of the justices of the peace of said county, have this day [or, heretofore] associated at , in said coxmty, upon the application of E. F., overseer of the poor of the town of , [or, one of the superintendents of the poor of said county], for the purpose of making examination and determination touching a certain bastard child, lately born in said town, of the body of A. B. [or, a certain child wherewith A. B. is said to be pregnant, and which is likely to be born a bastard], and chargeable [or, likely to become chargeable] to said town [or, county], and of which child Y. Z. was alleged to be the father : And, whereas we have {j) No order of filiation is necessary, the bond. He tiiereby admits his liability, where the putative father elects to give People ii. Heine, b K T. Leg. Obs., S81. BASTARDY. 155 Bond for Support. duly examined the said A. B. on oath, in the presence of the said Y. Z., touching the father of said child, and have also heard the proofs and allegations(^) to us offered in relation thereto, as well on the part and be- half of the said overseer [or, superintendent] as of the said Y. Z. ; whereby * it appears that the said A. B. was, on the day of last, delivered of a bastard child in said town [or, that the said A. B. is now pregnant of a child, which, when born, will be a bastard], and which is chargeable [or, likely to become chargeable] to said town [or, county], and that the said Y. Z. is the father of said child: We do, theeefoee, adjudge him, the said Y. Z., to be the father of said bastard child : And further, we do hereby order that the said Y. Z. pay to the overseer of the poor of said town of [or, to the superintendents of the poor of said county], for the sup- port of said child, the weekly sum of dollars [or otherwise], so long as the said child shall continue chargeable(r) to said "town [or, county] : And inasmuch as it appeared to us, and we find, that the said A. B. is in indigent circumstances, we detetmine and order that said Y. Z. pay to the said overseer [or, superintendents] of the poor, for the sustenance of the said A. B., during her confinement and recovery therefrom, the sum of dollars. And we do hereby certify the i-easonable costs of apprehending and securing the said father, and of the order of filiation, at the sum of dollars. Given [etc., as in Form 327]. 341. Bond for Support of Child and Mother, Under Order of Filiation.{m) [As in Form 334 to the *, continuing thus:] The couDiTioif of this obli- gation is such, that whereas, by an order this day duly made and subscribed by M. N. and O. P., justices of the peace of said county, it is adjudged that the said Y. Z. is the reputed father of a bastard child of which A. B., of , is pregnant, and which is likely to become chargeable [or, of a bastard child lately born in said toifrn, of the said A. B., and which is chargeable] to said town [or, county] ; and it is thereby ordered that [here recite provisions of the order for the support of the lastard and sus- tenance of the mother]. § Now, therefore, if the said Y. Z. shall pay weekly [or otherwise as shall heme been ordered] such sums for the support of said bastard child and the sustenance of its mother, as have been, oi-dered as aforesaid, or, as shall at any time hereafter be ordered by the Court of Sessions of said county, and shall fully and amply indemnify the said county and town [or, city] aforesaid, and every other county, town, or city which may have incurred any expense, or may be put to any expense for the sup- port of such child or its mother, during her confinement or recovery there- (i) As to what proof is necessary, see the two conditions specified in the statute, People V. Overseers of Ontario, 15 jUai-b., not for both. ■ If it contains both eon- 286. ditlons, so as to provide that the obligor (I) See Note (»). should appear, and that he should indein- (m) The bond given under an order of nify, it is a nullity. Hoogland ». Hudson, filiation must be for one or the other of 8 Bow. Pr., 343. 156 ABBOTTS' FORMS. Bond to Appear. Warrant to Commit. from, against all such erpenses,(ra) then § this obligation to he void; other- wise, of full force and virtue. [Attestation, signatures, etc., as in Form 334]. 342. Sond to Appear; to ie Given Instead of the Foregoing. [Substitute in place of the words hetween the § §, in the foregoing form, the following :] Kow, theeefoeb, if the said Y. Z. shall personally appear at the next Court of Sessions of said county, and shall not depart the said court without its leave, then : 343. Warrant to Commit Reputed Father. OOTTNTT OP , SS.' To any constable of said county, greeting : Wheeeas, by an order of filiation this day made by us, the undersigned justices of the peace of said county, at , in said county, we did ad- judge Y. Z. to be the father of a bastard child, begotten nponthe body oi A. B., of said town, and did thereupon order that the said Y. Z. pay [etc., setting forth the directions for the support of the child, the sustenance of the mother, and the payment of costSf etc., as in the order .'I and whereas, upon making and subscribing such order, we did require the said Y. Z. immediately to pay the costs so certified, and to enter into a bond to the People of this State, in the penal sum of dollars, with good and sufiicient sureties, to be by us approved, with one or other of the conditions which, by the statute in such case made and provided, is prescribed: And whereas due notice of our said order has been given to the said Y. Z., but he has wholly neglected either to pay the said costs and charges, or to execute the bond as aforesaid [or otherwise as the case may Je(o)]. You aee THBEEFOEE hereby commanded, in the name of the People of the State of New York, to convey the said Y. Z. to the common jail of the said county, the keeper whereof is hereby required to receive and detain liie said Y. Z. in custody in said jail, until he shall be discharged by the Court of Sessions of the said county, or shall execute such bond, in the penalty required, as aforesaid. Given [etc., as in Form 327]. (n) On a bond to indemnify, etc., " at ment is valid, although it was given all times hereafter," from the providing several years after the birth of the child, for a bastard child, the obligors continue Such a bond is in conformity with the to be liable after the child has passed the statute. JV. Y. SwpeHor Court, 1851, People age of twenty-one. The expression " bas- t>. Mitchell, 4 xSotreo^/;, 466. tard child," is merely descriptive of the (o) The party may be committed, person. Falls «. Belknap, 1 JohiK., 486. either for want of a bond, or for non-pay- If the bond literally fQllows the pro- ment of costs. And the form of the war- visions of the statute, it is valid, however rant of commitment, not being prescribed superfluous any of its provisions may be. by the statute, may be adapted to the Thus, a bond which embraced the suste- nature of the case. People v. Stowell, 2 nance of the mother during her ooufiiie- Den., 127. BASTARDY. 157 Order of Filiation. Warrant of Commitment. 344. Order of Filiation Made in the Absence of the Seputed, Father, He Having Been Arrested in Another County. County of , ss. T. Z. having been apprehended in the county of , in the State of New York, by virtue of a warrant, and the direction and authority thereon indorsed, of which the following are copies— to wit [inserting copies], was carried before J. K., Esq., a justice of the peace of said county of , who took from him, the said Y- Z., a bond to the People of the State of New York, with good and sufficient sureties, in the sum directed in the indorsement on the said warrant, conditioned that the said Y. Z. should appear at the next Court of Sessions to be holden in said county of , and not depart the said court without its leave ; and the said bond having been in due form of law retm-ned to the undersigned M. N., the justice who issued the said warrant, he thereupon immediately called to his aid the undersigned O. P., another justice of the same county, and the said justices proceeded to make examination of the matter, on the day of , 18 , at , in said town, and then and there heard the proofs that were offered in relation thereto ; whereby [continue as in Form 340 from the *]. 845. Warrant to Commit a Mother Refusing to Disclose the Father's Name. County of , ss. To any constable of said county, greeting : "Wheeeas, we, the undersigned, justices of the peace of said county, being now associated for the purpose of examining into and making order for the indemnity of the [town of , in] said county, against the support of a certain child of A. B., alleged to have been bom a bastard, and [likely to become] chargeable to said town [or, county], upon the application of E. P., overseer of the poor of said town, [or, a superintendent of the poor of said county], have required the said A. B., who is now before us, to submit to an examination on oath, in the presence of Y. Z., who has been brought before us charged with being the father of said child, to testify touching such charge, and to disclose the name of such father, but the said A. B. wholly refuses to testify and disclose ; and inasmuch as it now appears to us, upon due proof thereof, given on oath before us, that more than a month has elapsed since the said A. B. was delivered of said child, and that she is now sufficiently recovered from her confinement: You aek THEREFOEE hereby commanded, in the name of the People of the State of New York, to take the said A. B., and convey her to the common jail of the said county, the keeper whereof is required to detain the said A. B. in his custody in said jail, until she shall so testify and disclose the name of fiuch father. Given [etc., as in Form 327]. 158 ABBOTTS' FOEMS. Summons and Order against Mother. Appeal, 346. Summons to Mother Saving Property in Eer Own Sight. COTINTT OP , ss. To any constable of said county, greeting : You AEB HEEEBT required to summon A. B., of , in said county, to appear before us, the undersigned, two justices of the peace of said county, on the day of , instant, at o'clock in the noon, at , in the village of , to show cause, if any she may have, why we should not make an order for the keeping of a bastard child, said to have been bom of the said A. B., and [likely to beooine] chargeable to said county \or, town], by charging the said A. B. with the payment of money weekly, or other sustentation ; E. F., overseer of the poor of said town \or, one of the superintendents of the poor of said county], having applied to us for that purpose. Given [etc., as in Form 327]. 347. Order Thereon. CODNTT OF , ss. WnEEEAS, E. F., an overseer of the poor of the town of , in said county [or, one of the superintendents of the poor of said county], has ap- plied to ns, the undersigned, two justices of the peace of said county, com- plaining that A. B., of , in said county," was lately delivered at , aforesaid, of a bastard child, which is [likely to become] chargeable to said county [or, town], and that said A. B. is possessed of property in her own right, and is of sufficient ability to support said child ; and desiring that we should examine into the matter and make an order for the indemnity of the said county [or, town] ;' and whereas, upon examination into the matter of said application, and upon due proof thereof, on oath before ns given, and the said A. B., although present at such examination, not shovdng any sufficient cause to the contrary [or, and the said A. B. neglecting to appear before us and show cause, if any she might have, to the contrary, although duly summoned so to appear] : We do, theeefoee, hereby order that the said A. B. pay weekly to said superintendent [or, to said overseer] the sum of , for the support of said child ^if necessary, insert here, imless the said A. B. shall nurse and take care of said child herself]. Given [etc., as in Form 327]. 348. Notice of Appeal From Order of Filiation.(p) To M. N. and 0. P., Esqrs., justices of the peace of the county of , and to E. F., overseer of the poor of the town of : Please take notice, that the undersigned, conceiving himself aggrieved by the order made by you, of which a copy is annexed [or, on the day of , adjudging that the undersigned is the father of a bastard child of (j>) To be served ten days before the court. BILLS or EXCHANGE. 159 General Principles. A. B., etc.], hereby appeals from said order to the next Court of Sessions to be holden in said county, [Bate.] ISignature.] CHAPTEE XIV. BILLS OF EXCHANGE. A BILL ov EXCHANGE IS a Written order or request, whereby one person directs another to pay money. To render it negotiable, it should be for pay- ment of a definite sum, to be paid absolutely, and at a certain time, and to the order of some person or to bearer. The person making and signing such a bill is called the Drawer ; the person directed to make the payment is called the Drawee, and the person in whose favor it is made is called the Payee. Sometimes the Drawer and the Payee are the same person — that is, the bill is drawn payable to the Drawer's order. If the Payee of a bill writes his name upon the back of it, and transfers it to a fourth person, he becomes an Indorser, and the person thus taking the bill is termed the Indorsee. An indorsee may in turn become indorser, by transferring it in the same way. The person who at any given time has the right to the bill is termed the Holder. An indorsement in blank is where the indorser writes his name only on the back of the note ; and it is a mere agreement to pay, on the usual conditions of demand and notice. If he wishes to transfer the bill without making him- self liable, he should write before his name the words " without recourse ;" or. if he indorses merely as agent to transfer the nominal title, he should add the word " agent" to his signature. In accepting a bill of exchange or draft, the acceptor writes the word " ac- cepted," together with the date when accepted, and his own signature, across the face or on the back of the biU or draft. But the signature alone written across the face of the bill is sufficient to bind the writer as acceptor .(a) Foreign tills of exchange are usually drawn in several parts, the whole of each making up what is called a set. Commonly, the drawer delivers to the payee three bills of the same tenor and date ; and each of these contains a condition that it is to be paid, provided the others remain unpaid ; and all of them collectively amount to one bill, and a payment to the holder of either is good, and a payment of one of the set is payment of the whole. PAGB 349. Bill of exchange 159 350. Set of bills 160 331-4. Indorsements 160 349. Sill of ExcTiange. $1,000. New York, January 1, 1866. At sigh* {or, days after sight ; or, days after date ; or, on the day of , 18 ], pay to the order of {namirig payee] one thousand dol lars, and charge the same to account of [Signature of drawer.] To Messrs. [naming drcmee], Philadelphia. (ffl) Spear v. Pratt, 2 MM, 582. 160 ABBOTTS' FORMS. Bills of Exchange. Indorsementa. 350. A Set of BilU. No. 592.— Ex. £1,000 Stg. Nbw Yoek, January 1, 1866. Sixty days after sight of this my first of exchange (second and third un- paid), pay to A. B. or order one thousand pounds sterling, value received, and charge the same to the account of 0. D. To Messrs. E. F. & Co., Liverpool. No. 592.— Ex. £1,000 Stg. New Yoek, January 1, 1866. Sixty days after sight of this my second of exchange (first and third un- paid), pay to A. B. or order one thousand pounds sterling, value received, and charge the same to the account of 0. D. To Messrs. E. F. & Oo., Liverpool. / No. 592.— Ex. £1,000 Stg. New Yoke, Januai-y 1, 1866! Thirty days after sight of this my third of exchange (first and second unpaid), pay to A. B. or order one thousand pounds sterling, value re- ceived, and charge the same to the account of 0. D. To Messrs. E. F. & Co., LiverpooL 351. Indorsement to Order. Pay to the order of G. H. A. B. 352. Indorsement to Agents, for Collection. Pay to the order of the cashier of the First National Bank of New Yors, for collection. A. B. 353. Indorsement Without Secourse. Pay to the order of G. H., without recourse, A. B. 854. Indorsement hy Attorney in Fact. Pay to the order of G. H. A. B., byM. N., his attorney. BILLS OF LADING. 161 General Principles. CHAPTEE XV. BILLS OF LADING. A BILL of lading is the written evidence of .a contract for the carriage and delivery of goods sent by vrater, for a certain freight.(a) It is signed by the captain or master of the ship or vessel, and states, among other things, by ■whom the goods are shipped, and where and to whom they are to be delivered. There are generally three or more parts or copies of the instriiment ; one of which is usually sent to the consignee by the ship which carries the goods ; another is sent to him by some other conveyance, and a third is kept by the merchant or shipper. Contracts for the freighting of goods must have all these essential qualities, or else they cannot have the eflFect of biDs of lading.(6) Signature by the owner of the vessel may, however, be sufBcient.(c) In respect to the agreement to carry and deliver the goods, the bill of lading is a contract, to be construed, like all other written contracts, according to the legal import of its terms, and it may not be varied hy parol evidence.(S) The receipt embodied in it is not, however, conclusive, and does not preclude the carrier from showing what was the actual quantity put on board ;(«) nor does the ordinary admission in the bill of lading that the goods were received in good order, preclude him from showing the true condition of the property at the time of shipping.(/) The common-law liability of the carrier may be qualified by express agreement of the parties embodied in the bill of lading.(^) 355. Bill of Lading. Shipped, in good order and well-conditioned, by [name the consignor of tiie goods}, on board the [describe 'cesseTj called the [name vesseTl, whereof M. N. is master, now lying in the port [Copy the ma/rks of , and bound for the port of , \here dcsig- of the pacTcages nate the merchandise], being marked and numbered as in the margin in the margin, and are to be delivered in the like order here.] and condition at the port of (the dangers c>f the seas only excepted),(7i) unto [name of consignee], (a) Mason ». Liokbarrow, 1 ff. Maoist., 857. (}) Covin V. Hill, i Den., 323; Hol- brook V. Vose, 6 JBosw., 16. (c) Dows V. Greene, 24 K Y., 688 ; 32 Barb., 490. (d) White 11. Vau Kirk, 25 Barb., 16. («) Wolfe V. Myers, 3 Sand/., 7 ; Nelson 0. Stephenson, 5 Duer, 538. (/) Price «. Powell, 8 Jf. T. (8 Comst.), 322 ; Ellis v. Willard, 9 W. 7. (5 Seld.), 629; White v. Van Kirk, 25 Barb., 16; Meyer «. Peek, 83 lb., 532. (y) Mercantile Mutual Insurance Co. v. 11 Chase, 1 E. D. Smith, 115 ; The Same v. Calebs, 20 N. Y., 178. (A) The clause, " the clangers of the seas excepted," does not aifeet the ques- tion whether freight has been earned or not. Its effect is only to exempt the ctir- rier from liability to pay for tlie our^ro when lost through the dangers of the seaa. And unless there is an express agreement to the contrary, freight paid in advance may be recovered back, if the voyage is not performed, although pre- vented by the dangers of the seas, and without fault. Phelps v. Williamson, 5 162 ABBOTTS' FOEMS. Bills Sale. or to his [or their] assigns, he or they paying ireightCO for' the said , with primage and average accustomed. In witnkss wheeeof, the master or purser of the said vessel hath aflSrmed to [three] bills of lading, all of this tenor and date; one of which being accomplished, the others to stand void. Dated in the day of , 18 . \ Signature of Master.] CHAl'TEE XVI. BILLS OF SALE. A BILL of sale is a formal written conveyance of personal property. If the property is delivered when sold, or if a part of the purchase-money is paid, a written instrument is not necessary to make the conveyance binding, but it is convenient evidence of title. Making a bill of sale, however, is not enough, without delivery of the property, to protect the purchaser against the creditors of the seller. If the sale is not accompanied by an actual and continued change of possession, it is void as against creditors, and subsequent purchasers and mortgagees in good faith, unless the buyer can show that his purchase was made in good faith, without any intent to defraud them, and that there was some good reason for leaving the property in the hands of the seller. PAQP. 856. Bill of sale describing the chattels 168 357. Bill of sale of a horse, with warranty 163 858. Bill of sale, referring to a schedule annexed, for an enumeration of the goods 164 859. Schedule annexed to the foregoing bill of sale 164 860. Bill of sale where a schedule is to be subsequently made 164 861. Declaration of symbolical delivery which may be inserted 165 862. Another form ; by indorsement on the bill of sale 165 363. Bill of sale in consideration of the assignee's agreeing to maintain the as- signor for life 165 364. Bill of sale of a registered vessel of the United States 166 365. Acknowledgment of the foregoing bill of sale ) 67 366. Bill of sale of an enrolled vessel of the United States 167 367. Bill of sale of a vessel not registered or enrolled 168 868. Bill of sale of stocks already pledged to another person 169 Sand/., 678; S. 0., 10 iV! T. Leg. Oia., teet the master, and not for the benefit of 272. the consignor. In case of the carrier's Injury to the goods by rats on board neglect to oolleot the freight from the con- ship is not within this clause. Aymar v. signee, it does not exonerate the consignor Astor, 6 Cow., 267. from liability therefor. Shepurd v, De (») The effect of this clause in respect Bernales, 13 Bast., 565 ; Jobbitt «. Goun- to payment by the consignee i" to pro- dry, 29 Barb., 509. BILLS OF SALE. 1C3 Common Forms. 356. Bill of Sale Describing the Chattels. Know all men by these presents, that I, A. B., of , in the county of , and State of , farmer, party of the first part, in considera- tion of the sum of dollars, (a) to me paid by Y. Z., of aforesaid, merchant, party of the second part, the receipt whereof I do hereby ac- knowledge \or state other consideration — e. g., thiis: in consideration of the sum of dollars, to me to be paid by Y. Z., of, etc., in equal quar- terly instalments, secured by his notes at three, six, nine, and twelve months respeotrrely], have bargained, sold, granted, and conveyed, and by these presents do bargain, sell, gi-ant, and convey unto the said party of the sec- ond part, his executors, administrators, and assigns [here set out the chattels sold — e. g., thus :] all the hops growing on my farm in said town, one yoke of oxen, red and white, heretofore on said farm, and one bay horse, with farm-wagon and harness, now in the keeping of M. N., at . To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, forever. And I do for myself, my heirs, execu- tors, and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the said described goods hereby sold, unto the said party of the second part, his executors, administrators and assigns, against aU and every person and persons whatsoever.(5) In witness whereof, I have hereunto set my hand and seal, the day of ,58 . A. B. [Seal.] Signed, sealed, and delivered) in the presence of J [Signature of witness.} 357. Bill of Sale of a Horse, With Warranty. Know all men by these presents, that I, A. B., of , in the county of , and State of , farmer, party of the first part, in considera- . tion of the sum of dollars, to me paid by Y. Z., of aforesaid, merchant, party of the second part, the receipt whereof I do hereby ac- knowledge [or state other consideration], have bargained, sold, granted, and conveyed, and by these presents do bargain, sell, grant, and convey, unto the said party of the second part, his executors, administrators, and as- signs, one sorrel horse, with white forehead, known as Charley ; to have and to hold the same nnto the said party of the second part, his executors administrators, and assigns, forever. And I do hereby warrant the said horse to be sound in every respect, to be free from vice, to be well broken and kind and gentle in single and in double harness, and under the saddle: And I DO for myself, my heirs, executors, and, administrators, covenant and agree, to and with the said party of the second part, to warrant and ■ k (o) It is not, in general, essential to See chapter of Acknowledoment and state a consideration. In Maryland and Pnoor of Deeds, where the form is given : Louisiana, however, the true considera- Form No. 70, Ante, p. 43. tion should be stated; and in Maryland (i) As to other special covenants, , see the bill must be verified by an affidavit, the chapter on Covenahts. KM ABBOTTS' FORMS. Bill of Sale with Schedules. defend the said described goods hereby sold unto the said party of the second part, his executors, administrators, and assigns, asgainst all and every person and persons whatsoever. In wiTinsss wheebof, I hereunto set my hand and seal, the day of , 18 . A. B, \Seal.] Signed, sealed, and delivered ) in the presence of ) [Signature of witness.] 358. Bill of Sale, He/erring to a Schedule Annexed, for An Enumeration oj the Goods. Knot am men hy these presents, that I, A. B., of , in the county of - , and State of , farmer, party of the first part, in considera- tion of the sum of dollars, to me paid by Y. Z., of aforesaid, merchant, party of the second part, the receipt whereof I do hereby ac- knowledge \or state other consideration], have bargained, sold, granted, and conveyed, and by these presents do bargain, sell, grant, and convey, unto the said party of the second part, his executors, administrators, and assigns, the furniture and household goods contained in my house, Ko. , in street, in the city of , of which a schedule is hereunto annexed ; to have and to hold the same unto the said party of the second part, his ex- ecutors, administrators, and assigns, forever. And I DO for myself, my heirs, executors, and administrators, covenant and agree, to and with the said party of the second part^ to warrant and defend the said described goods hereby sold, unto the said party of the second part, his executors, administrators, and assigns, against all and every person and persons whatsoever. In witness wheebop, I have liereimto set my hand and seal, the day of , 18 . A. B. [Seal] Signed, sealed, and delivered ) in the presence of ) [Signature of witness.] 359. Schedule Annexed to the Foregoing Bill of Sale. ScHEDtTLE of all the furniture and household goods mentioned in and con- veyed by the annexed biU of sale : One rosewood sofa. Six do. chairs. One do. arm-chair. [Thus enumerating all the goods^ Annexed and signed, this day of , 18 . [Signature of witness.] [Signature of party.] 360. Bill of Sale, Where a Schedule is to ie Subsequently Made. [As in the preceding forms, iut describing the goods in such words as these :] All and singular the goods and stock of goods and merchandise, consisting BILLS OF SALE. 165 In Consideration of Maintenano for Life. Df whips, lashes, and materials therefor, now in the store of the party of the first part, at No. , street, in the city of , and in the fac- tory of the said party of the first part, at , in the State of [but excepting and reserving therefrom all goods sold, or agreed to be sold, and packed to be delivered to purchasers], and all the furniture aud movable fixtures in said store, belonging to the party of the first part, a schedule of said goods and chattels to be made by the party of the first part, and an- nexed hereto with all convenient speed. {Tlie schedule will ie in the same form as No. 359.] 361. Declaration of Symbolical Delivery, Which May he Inserted. [Add at end of eitheic preceding form of Bill., before the clause, In witness, etc. :] And I have put the said Y. Z. in full possession of said goods and chattels, by delivering him one chair and one table, being part of the said goods and chattels, in the name of all the said goods and chattels, at the sealing and delivery hereof. 362. Another Form; By Indorsement On the Bill of Sale. Be it ebmbmbeeed, that, on the day and year first within written, livery aud seizin of the goods within bargained and sold, was delivered by the said A. B. to the said T. Z. by the said A. B.'s giving to the said Y. Z. one silver crap, in the name of livery of seizin of the whole of said goods and chattels, in presence of us. [Signature of witnesses.'] 363. Bill of Sale in Consideration of the Assignee's Agreeing to Maintain the Assignor fur Life. This indkntttes, made on the day of , 18 , between A. B., of , in the county of , farmer, party of the first part, and Y. Z., his son, of the same place, party of the second part, witnesseth : That the party of the first part, in consideration of the covenants- hereinafter con- tained, to be performed by the party of the second part, and of the sum of one dollar, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has bargained and sold, granted and conveyed, and by these presents does bargain, sell, grant, and convey [here set out the chattels sold — e. g., thui .•] All the farm-tools, utensils, vehicles, and implements of the party of the first part, on his farm at aforesaid, and one liorse, one cow, and ten sheep, and the hay and feed in the barn on said farm. To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, forever. And the party of the first part does for himself and his heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the said described goods hereby sold, nnto the said party of -the second part, his executors, administrators, and assigns, against all and every person and persons whatsoever. And m oonsideeation of the premises, the party of the second part doth hereby, for himsel£ his executors, and administrators, agree with the party 166 ABBOTTS' FORMS. Bill of Sale of a Vessel. of the first part that he will support and maintain, and comfortably and Bnffloiently clothe, the party of the first part, and in all respects care and provide for him for and during the remainder of his natural life ; and that he, the said party of the second part, will pay unto the said party of the first part, the sum of dollars, on the first days of and , in each and every year during the said life : Peovided, howevee, that the said party of the first part shall not refuse to reside in the county of , aforesaid, except such refusal be occasioned by inability to obtain com- /ortable and sufficient board, lodging, and maintenance in the said county. In witness wheeeof, the said parties have hereunto set their hands and seals, the day and year above written. A. B. ISeal] In presence of Y. Z. [Seal.] [Signature of witness.] - » 364. Bill of Sale of a Registered Vessel of tM United States. To all to whom these presents shall come, greeting : Know te, that I, A. B., of , owner [or, we, A. B., of (|) and 0. D., of (?), owners] of the bark or vessel called the Mary, of New York, of the burden of tons, or thereabouts, for and in consideration of the sum of dollars, lawful money of the United States of America, to us in hand paid before the ensealing and delivery of these presents, by Y. Z., the receipt whereof we do hereby acknowledge, and are therewith fally satisfied, contented, and paid, have bargained and sold, and by these presents do bargain and sell, unto the said Y. Z., his executors, admin- istrators, and assigns, all of the said bark or vessel, together with aU the masts, bowsprit, sails, boats, anchors, cables, and all other necessaries thereto appertaining and belonging ; the certificate of the registry of which said bark or vessel is as follows — to wit [here insert the registry at length — e. g., thus :] No. . peemanent. In pursuance of an act of Congress of the United States of America, en- titled, " An Act concerning the Registering and Recording of Ships or Ves- sels," A. B., of the city, county, and State of , has taken or subscribed the oath [or, affirmation] required by the said act ; and having sworn that he, the said A. B., is the owner [or, that they the said A. B. (|) and 0. D. (|) of said place, are the owners] of the ship or vessel called the Mary, of New- York, whereof is at present master, and is a citizen of the United States, and that the said ship or vessel was built at , in the State of , in the year 18 , as per Register No. , issued at this port this day, now cancelled, property changed. And said register having certified that the said ship or vessel has decks and masts, and her length is feet and inches, her breadth feet inches, her depth feet and ' inches, and that she measures tons, and that she is a bark, has a square stern, no galleries; and billet head ; and the said A. B. having agreed to the description and admeasurement above specified, and suflScient security having been given. BILLS OS SAl-E. 167 Shipping:. aooordlng to the said act, the said bark has been duly registered at the port of New York. Given under our hands and seals, at the port of , this day of , in the year one thousand eight hundred and To HAVB AND TO HOLD the Said bark Mary, and appu^-tenances thereunto belonging, unto him, the said Y. Z., his executors, administrators, and as- signs, to the sole and only proper use, benefit, and behoof of him, the said Y. Z , his executors, administrators, and assigns, forever. And I, the said A. B. [or, we, the said A. B. and 0. D.], have, and by these presents do promise, covenant, and agree, for myself, my [or, ourselves, our] heirs, ex- ecutors, and administrators, to and with the said Y. Z. and his heirs, ex- ecutors, administrators, and assigns, to warrant and defend the said bark Mary, and all the other before-mentioned appurtenances, against all and every person and persons whomsoever. In TKSTiMi.WY WHEREOF, I, the said A. B., [or, we, the said A. B. and O. D.] have hereunto set my hand and seal [or, our hands and seals], this day of , in the year of our Lord 18 . [Signatures and seah.] Sealed and deUvered in the presence of [Signature of witness.'] 365. AcJcnowledgment of the Foregoing Mil of Sale, State of , ) County of . ) On the day of the date hereof personally appeai-ed before me A. B. [and C. D.], above named, to me known, and acknowledged the foregoing to be their free act and deed. In testimont whereof, I have hereunto set my hand and aflSxed my seal of office, this day of , 18 . [Signature.] [Seal.] Notary Public. 366. Bill of Sale of An Unrolled Vessel of the United States. To ALL to whom these presents shall come, greeting : Know ye, that I, A. B., of the city, county, and State of New York, sole owner [or, we, A. B. of , i, and C. D., of , i, ovraers] of the schooner or vessel called the Ann, of the burden of tons or thereabouts, for and in consideration of the sum of dollars, lawful money of the United States of America, to me [or, us] paid before the sealing and delivery of these pres- ents, by Y. Z., secretary and treasurer of the Company, a corporation of , in the State of , the receipt whereof I [or, we] do here'by acknow- ledge, and am [or, are] therewith fuUy satisfied, contented, and paid, have bari^ained and sold, and by these presents do bargain and sell unto the said Y. Z., as secretary and treasurer as aforesaid, his successors and assigns, the whole of the said schooner or vessel, together with the whole of the masts, bowsprit, sails, boats, anchors, cables, and all other necessaries theruunto appertaining and bplonging. The certificate of the enrolment of which said i68 ABBOTTS' FORMS. Bill of Sale of Shipping. schooner or vessel is as follows — ^to wit \Ji,ere insen't the certificate of enrol- ment at length — e. g., thus:] ESTEOLMENT, No. 20. Permanent, Eneolment, in conformity to an act of the Congress of the United States of America, entitled, "An Act for Enrolling and Licensing Ships or Vessels to be Employed in the Coasting Trade and Fisheries, and for Regulating the Same." M. N., of , of the county of , in the State of , having taken or subscribed the oath required by said act, ^nd having sworn that Y. Z., of , in the State of , secretary and treasurer of the Company, is a citizen of the United States, and sole owner of the ship or vessel called the Ann, of , whereof M. N. is master, and as he hath sworn is a citizen of the United States, and that the said ship or vessel was built at . , in the State of , in the year eighteen hundred and , as per enrolment. No. , issued at. this port. And said enrolment having certified that the said ship or vessel has deck and masts, and that her length is feet * inches, her breadth feet inches, her depth feet inches, and that she measures tons ; and that she is a square-sterned schooner, has a round tuck, no galleries, and a billet head. And the said A. B. having agreed to the description and admeasurement above specified, and suflicient security hav- ing been given according to the said act, the said schooner has been duly enrolled at the port of Given under my hand and seal, at the port of , this day of , in the year one thousand eight hundred and To HAVE AND TO HOLD the Said schooner or vessel Ann, and appurte- nances thereunto belonging, unto him, the said Y. Z., secretary and treas- urer, etc., as aforesaid, his successor and assigns,- to the sole and only proper use, benefit, and behoof of him, the said Y. Z., his successor and assigns, as aforesaid, forever. And I, the said A. B. [or, we, the said A. B. and 0. D.], have, and by these presents do promise, covenant, and agree, for myself, my heirs [or, ourselves, our heirs], executors, and administrators, to and with the said Y. Z., his successors and assigns, to warrant and defend the said sehooner-or vessel,' and all the other before-mentioned appurte- nances, against all and every person and persons whomsoever. In testimony whbeeoe, the said A. B. [and C. D.] hereunto hath set his hand and seal [or, have set their hands and seals], this day of , eighteen hundred and . [Signatures and seals.] Sealed and delivered in presence of [Signature of witness.] 367. Bill of Sale of a Vessel Not Registered or Enrolled. To ALL to whom these presents may come, greeting : \ Know te, that I, A. B., of , owner of the sloop called the , of the burden of tons, or thereabouts, in consideration of the sum of BILLS OF SALE. 169 Shipping. dollars, to me in hand paid, the receipt whereof I hereby acknow- ledge, have bargained and sold, and hj these presents do bargain and sell, unto Y. Z., of , the said sloop, together with the mast, bowsprit, sails, boats, anchors, cables, and other appurtenances thereunto appertaining and belonging. To HAVE AND TO HOLD the Said sloop, and appurtenances thereunto be- longing, unto him, the said Y. Z., his executors, administrators, and as- signs, to his and their sole and only proper use, benefit, and behoof forever. And fuetbbb, I do hereby promise, covenant, and agree, for myself, my heirs, executors, and administrators, to and with the . said Y. Z., his exec- utors, administrators, and assigns, to warrant and defend the title to the said sloop, and the appurtenances aforesaid, against all and every person and persons whomsoever. In witness whereof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and 'Signature and seaZ.] Sealed and delivered in presence of, \_Signature o/icitness.J 368. Bill of Sale of Stocks Already Pledged to Another. Wheeeas, I, A. B., of , hotel-keeper, am justly indebted to W. X. and Y. Z. in the sum of dollars ; therefore, in consideration of such indebtedness, and of one dollar to me in hand paid by said W. X. and Y. Z., I hereby sell, assign, transfer, and set over to them shares of the capital stock of the Bank, in the city- of , belonging to me, and now held by M. N., subject, however, to such claims as said M. K. may have on the same. To HAVE AND TO HOLD the said stock (subject as aforesaid) to the said W. X. and Y. Z., and their legal representatives ahd assigns forever, to be applied to the payment of such indebtedness ; and for the purpose of enabling said "W. X. and Y. Z. to demand, receive, collect, and dispose of said stock and said interest, I hereby appoint and constitute them my true and lawful attorneys, and authorize them to take aU lawful means they may deem ne- cessary and proper, in my name or otherwise, but at their own cost and ex- pense, to collect, receive, and realize said stock and interest, and to settle, negotiate, and arrange the same, and to transfer said stock, and to do and perform every act and thing necessary to be done in the premises as if I, the said A. B., was personally present and assenting thereto. In witness wheeeof, I have hereunto set my hand and seal, this day of , 18 . In presence of, [Signature and seal.] [Signature ofwii/nets.'] ^ 170 ABBOTTS' FORMS. General Bules Kegarding Bonds. CHAPTER XVn. BONDS. A BOND is a ■written instrument under seal, by tvUcIi tlie maker acknow- ledges some liability or duty, witb a penalty for non-fulfilment. Tbe maker of the bond is called the obligor ; tbe person to whom it is made, the obligee. A seal is generally regarded as essential to the idea of a bond, although in some of the States it is not so. As to what is sufficient to constitute a seal, see the titles of the respective States in the chapter on Acknowledgmbnt of Dbedb. No particular form of words is essential to constitute a bond, but any words which declare the intention of the parties, and denote that one is bound to the other, will be sufficient. The apt and appropriate form, however, is, first, a dause declaring that the obligor is bound to the obligee in a specified sum of money, for the payment of which he usually stipulates that he binds his heirs as well as his executors and administrators. The effect of this is to render the heirs liable upon it to the extent of the property wliich they inherit from him. This first part of the bond, which is termed the penal clause or the obligation, closes with a statement that the instrument is sealed, and of the date thereof If nothing further is added, the instrument is termed a single bond, or bill penal. Usually, a condition is inserted before the signatures ; the object of the condition is to state the acts, a performance of which on the part of the obligor or others will exonerate him from liability for the penalty. If the liability is intended to be limited by the circumstances or object under which the bond is given, they may conveniently be stated in a recital introducing the condition. The chief diSerences between a bond and an unsealed note are, that the seal imports a sufficient consideration to make the instrument bin^ng ; that the bond is not barred by the Statute of Limitations until the lapse of twenty years ; that the remedy may survive against the heirs if they are mentioned ;(a) and that a surety joining is not bound beyond the amount of the penalty. A surety joining in a bond is bound to the obligee in the same sense as the principal, unless the bond is otherwise expressed ; but he will be exonerated if the obligee, without his knowledge or consent, alters the obligation of the principal, to the prejudice of the surety. If those first signing a bond desire- not to be bound unless all whom they expect to sign, do so, they should declare their execution of it to be on this condition ; and this should, for convenience, be expressed in the bond. Where a bond is prescribed by a statute, it will be deemed valid if it conform substantially to the requirements of the statute, and do not vary in any matter to the prej udice of the party from whom it is exacted ; and it will be deemed sufficient as towards the party to whom or for whose benefit, such bond is given, if it do not vary to the prejudice of his rights. But every material re- quirement must be observed. If the bond contains any thing illegal, the whole is void. If it contains any thing superfluous which is not illegal, the excess is only void. If any material thing is omitted, the statute is not complied with. A bond should be completely written, as to all material pajts, before it is delivered. The practice of executing and delivering, with any essential thing omitted, to be inserted jj,fterwards by another person than the obligor, is to be avoided. According to ihe view of the law which obtains in several of the States, such an instrument is whoUy void. (a) By the statutes of New York and extent of the value of the iuheritarice. In some other States the heir may be held some of the States, too, the use of seals liable for any debts of the ancestor, to the upon private writings is abolished by law. BONDS. ITl Analysis of Chapter. I. Bonus oonditioned itok the payment of money only. page 869. Short form of bond for payment of money, with or without penalty. 178 870. Common form of bond for payment of money 178 871. The same ; with interest periodically meanwhile 178 872. The same ; for payment in equal annual instalments, with interest annually on what remains unpaid 174 878. The same; for payment in unequal instalments with interest 174 874. The same ; for payment in instalments with interest on each in- stalment as it falls due 174 875. The same ; for payment after death of third person 174 876. Bond with interest clause — usual where mortgage is given 175 377. The same ; with insurance clause 175 878. Bond by several obligors 175 879. Signature by an obligor who will not be bound unless others sign.. 177 880. Bond by several persons, bound severally, for several amounts .... 177 881. Bond by one obligor to several obligees 177 382. Bond to executors or administrators 178 888. Bond to an unincorporated society 178 884. Bond to a corporation 173 385. Bond by a corporation 179 386. Negotiable bond of corporation 179 887. The same; secured by mortgage 180 888. Form of coupons or interest warrants annexed to negotiable bond.. 181 889. Bond with warrant of attorney to confess judgment 131 890. Short form of the same 182 391. Collateral bond for the payment of money already secured by mort- gage only 182 392. Collateral bond by surety, for payment of money already secnred by bond and mortgage IBS 393. Bond for payment of an annual sum to two persons and the survivor for life 183 894. Bond for payment of an annuity for a terra of years 184 895. Bond for payment of money upon expiration of apprenticeship, or upon marriage 184 396. Bond or bill for an unliquidated sum 185 897. Bond by debtors to pay according to a composition deed 185 II. BoTTOMKY AND EESPONDENTIA BONDS. 898. Bottomry bond 186 899. Bottomry bond by a part owner, signing as attorney for other owner 187 400. Eespondentia bond 188 III. Bonds fob the pebfobmanoe ob non-peepobmanoe of various acts. 401. Bond for the performance of covenants 189 402. Bond that a warranty shall be kept 1S9 403. Bond for repayment of purchase-money, on a breach of warranty. 190 404. Bond for a deed, by vendor to purchaser 190 405. Bond with, surety, to execute a conveyance 191 406. Bond to give a quit-claim 192 407. Bond that a third person shall convey on coming of age 192 408. Condition for quiet possession meantime 198 409. Bond to execute an assignment 193 410. Bond to pay off and cancel a mortgage 193 411. Bond by vendor, to deliver lost title-deeds when found, and to in- demnify against encumbrances 194 172 ABBOTTS' FORMS. Bonds. PAea 412. Bond by part owners of a ship, on selling the same, to procure bill of sale from the other part owner 194 413. Bond of tenant, with surety, for the payment of rent 195 414. Bond of tenant, with surety, for the surrender of premises in good condition, etc 196 415. Bond, with surety, to deliver to sheriff goods levied on, and left in defendant's possession 198 416. Bond to executors, etc., to refund legacy if assets prove insufficient 197 417. Bond to executors, etc., on payment of a legacy to a minor 198 418. Bond to maintain two persons for life 198 419. Bond to marry, or to pay a sum of money 199 420. Bond to contribute to the support of an illegitimate child 199 421. Bond to serve in consideration of the payment of a debt 199 422. Bond by a father for service of apprentice 200 428. Bond, for clothing, and in sickness maintaining an apprentice, and for his fidelity 200 424. Bond of master, to discharge an apprentice before the expiration of his term 201 425. Bond to indemnify a master for discharging an apprentice 202 426. Bond by one empowered to collect debts for executors, etc 202 427. Bond for the return of goods to be sold, or their value 203 428. Bond for the fidelity of a clerk 203 429. Bond for the fidelity of the treasurer of an unincorporated associ- ation 204 430. Bond for the fidelity of the cashier or teller of a bank 204 IV. Bonds of indemnity. 43ll Bond, with surety, to indemnifythe sheriff on levying an execution 205 432. Bond, with surety, to indemnify maker of note, or acceptor of bill for accommodation, from loss thereby 206 433. Bond to indemnify partners having indorsed for accommodation, against liability thereby 206 434. Bond by a person carrying on business in the name of another, to indemnify the latter from loss or damage 207 435. Bond to indemnify tenant on paying rent when title is in dispute. . 208 436. The same, another form ; requiring recovery against the tenant 203 437. Bond to indemnify against claim of dower 209 488. Bond to indemnify on paying a lost note or bill 209 439. Bond to indemnify on paying a lost bond 210 440. Bond to indemnify a surety in a bond for payment of money 210 441. The same ; to a surety in a bond for performance of covenants 211 442. Bond to indemnify a receiptor to the sheriff 211 v. OfFIOIAL BONDS. 443. General form 212 444. Bond of sheriff 212 445. Affidavit of the sufficiency of sureties, to be indorsed on the fore- going bond 213 446. Clerk's certificate of approval of sureties , 213 T. BONCS OONDITIONED FOE THE PATMBNT pF MoNET OnLT. The penal sum is usually twice the principal intended to be secured. If no place of payment is specified, it will be for the obligor to seek the obligee. If the place is specified, the obligee is not bound to accept payment elsewhere. If no time is specified, the bond is payable forthwith. If the payment is required to bo BONDS. 173 General Principles. Money Bonds. " within" a certain period, or to be " on or before" a certain day, the obligor may pay at any time before the last day has passed. Where successive payments of interest or principal are stipulated for, the condition may provide that, upon de- fault in any one, the obligee may elect to require payment of all ; otherwise, he can only proceed for that which is in default. 869. Short Form of Bond for Payment of Money, With or Without Penalty. Know all men by the presents, that I, A. B., of , in the county ot , and State of , am bound unto Y. Z., of , for the pay- ment of dollai's, on the day of i 18 , with interest at per cent, per annum ; for which I bind myself, my heirs, executors, and ad- ministrators, to the said T. Z., his executors, administrators, and assigns [in the penal sum of dollars]. ■Witness my hand' and seal, this day of , 18 . A. B. iSeall 370. Common Form of Bond for Payment of Money. (a) Know all men by these presents, that I, A. B., of the town of , in the county of , and State of , merchant, am held and firmly bound unto T. Z., of the said town, farmer, in the sum of dollars [in- serting the penal sum, which is commonly douile the amount of the principal sum intended to ie secured, in order to cover interests, costs, expenses, and other contingencies'], good and lawful money of the United States, to be paid the said T. Z., his executors, administrators, or assigns, for which payment well and truly to be made I do bind myself my heirs, executors, and ad- ministrators, firmly by these presents. Sealed with my seal, and dated the day of , 18 . The condition of this obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named Y. Z., his executors, administrators, or assigns, * the just and full sum of dollars [inserting the principal intended to be secured], with interest at the rate of per cent, per annum [or, with legal interest] for the same, on [or before](J) the day , which will be in the year one thousand eight hundred and , without fraud or bther delay, * then this obligation is to be void, otherwise to remain in full force. A. B. [Seal.] 371. The Same ; With Interest Periodically Meanwhile. [As in Form 370, substituting, instead of the words between the * *, th^ folloicing .■] the just and full sum of dollars [stating the whole prin- cipal secure^, on the day of , which will be in the year one thousand eight hundred and , with interest thereon from the date hereof [or, from the day of , 18 ], at the rate of per cent. (i) If the lender desires to keep the for payment, the words, " or before," money at interest until the day limited should be omitted. 174 ABBOTTS' FORMS. Bonds for Payment of Money only. per annum [or, with legal interest thereon], payable semi-annually [or, quarterly], on the day of and [designating the months in- tended], in each year, untU. the whole of said principal sum be paid, with- out fraud or other delay, — 372. The Same; For Fa/yment in Equal Annual Instalments, wit7i Interest Annually on What Eemains Unpaid. [As in Form 370, to the first *, concluding thus:] the just and fall sum of ioWara [stating the whole principal secured], in annual pay- ments, from the date hereof [or, commencing on the day of > 18 ], with interest thereon, at the rate of per cent, per annam [or, with legal interest thereon], payable annually, with such instalments [or, semi- annually, or, quarterly, on the days of , naming the montlis for payment of interest, in each year], without fraud or other delay, then this obligation to be void ; but if default shall be made in payment of any or either of the said sums, on the days on which the same ought to be paid, as aforesaid, then this obligation shall remain in full force. A. B. [Seal] 373. The Same ; For Payment in Unequal Instalments, With Interest. [As in Form 370, to the first *, concluding thus .•] the just and fall sum of dollars [stating the whole principal, seemed], in manner foUowing — that is to say, the sum of dollars, on the day of next; the sum of dollars, on the day of > 18 ; and the remaining sum of dollars, in one year from the said last-mentioned date, to- gether with the interest, at the rate of per cent, per annum [or, with legal interest], on the whole sum remaining unpaid, at the time of each payment, without fraud or other delay, then this obligation shall be void ; but if default shall be made, in payment of any or either of the said sums, on the days on which the same ought to be paid, as aforesaid, then this ob- ligation shall remain in full force. A. B. [Seal.] 374. The Same ; For Payment in Instalments, With Interest on Each Iro- stal^nent, as It Falls Due. [As' in Form 370, substituting, instead of tJie words hetween the * *, the following :] the just and fiill sum of dollars [stating the whole princi- pal secured], with interest, at the rate of per cent, per annum [or, with legal interest], said principal to he paid in equal annual instal- ments, with the interest on such instalment, on the day of in each year, without fi-aud or other delay, — 375. Hie Same; For Payment After Death of Third Person. [As in Form 370, substituting, instead of the words between the * *, the following :] the just and full snm of dollars [stating the whole pHn^ BONDS. 175 Mortgage Bonds. cipal secured], with interest, at the rate of per ceat. per an- mim [or, with legal interest], within the space of months next after the decease of M. N., of , merchant, without fraud or other delay. 3T6. Bond with Interest Clause, Usual w7ier3 Mortgage is Given. Know all mes by these presents, that I, A. B., of the city of , in the State of , am held and firmly hound unto T. Z., of the same place, in the sum of dollars [inserting the penalty], lawful money of the United States, to be paid to the said Y. Z., his executors, administra- tors, or assigns, for which payment well and truly to be made, I bind my- self, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal, dated the day of , 18 . t The condition of the above obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named Y. Z., his exec- utors, administrators, or assigns, the just and full sum of dollars, on the day of , which will be in the year one thousand eight hundred and , with interest, at per cent, per annum, payable half yearly from the date hereof, without fraud or other delay, then the above obliga- tion to be void ; otherwise, to remain in full force. AuD IT IS hereby expressly agreed, that, should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of days,(c) then and from thenceforth — that is to say, after the lapse of the said days — the aforesaid principal 'sum of dollars, with all arrearage of interest thereon, shall, at the option of the said Y. Z., or his executors, administra- tors, or assigns, become and be due and payable immediately thereafter, although the period first above limited for the payment thereof may not then have expired, any thing hereinbefore contained to the contrary thereol in anywise notwithstanding. A. B. [Seal.] 377. The Same; With Insurance Glause. [Penal clause, as in preceding form, or Form 373, to the t.] The condition of this obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall and do well and truly pay, or cause to be paid unto the above-mentioned Y. Z., his ex- ecutors, administrators, or assigns, the just and full sum of dollars, on the day of , which will be in the year one thousand eight hun- dred and , with interest thereon, at per cent, per annum [or, with legal interest], payable half yearly, from the date hereof, without fraud or other delay ; and shall keep the buildings erected, or to be erected, on the premises described in a certain mortgage, executed by the said A. B. [and 0. B. his wife], and bearing even date herewith, and being collateral hereto, («) Usually twenty days or thirty days , 176 ABBOTTS' FOEMS. Bonds to or by Particular Classes of Persons. insured in some solvent inoorpoi-ated insurance company of the State of , against loss or damage by fii-e, to an amount not less than dollars ; and shall assign the policy to be taken for such insurance to the obligee herein, or his executors, administrators, or assigns, as collateral security hereto, without fraud or other delay, then this obligation to be void ; other- wise, to remain in full force. And it is hereby expressly agreed, that in case the insurance above mentioned shall not be effected or continued in the manner above provided, that then the said obligee, his executors, administrators, or assigns, may effect or continue such insurance in the name of the said obligor or other- wise, and the premiums paid therefor shall be chargeable as part of the principal sum hereby secured to be paid. And it is hereby further expressly agreed, that, in case any instalment of principal, or any part thereof, or any interest moneys, or any part thereof, hereby secured to be paid, shall remain due and unpaid for the space of days after the same shall, by the terms hereof, become due and pay- able [or any insurance premiums paid by the obligee or his representatives^ as aforesaid, shall not be repaid within days after notice thereof to the said A. B., his executors, administrators, or assigns], that then and from thenceforth — that is to say, after the lapse of said days — the whole principal sum hereby secured to be paid, together with all arrearages of interest thereon, shall, at the option of the said T. Z., his executors, ad- ministrators, or assigns, become due and payable forthwith, although tlie period first above limited for the payment thereof may not then have ex pired, any thing herein contained to the contrary notwithstanding. A. B. [Seal] 378. £ond Ity Several Obligors. Enow lvl men by these presents, that we, A. B., of the city of , in the S.tate of , merchant, and 0. D. and E. P., of the town of , in the county of , in said State, manufacturers, are held and firmly bound unto T. Z., of the city of , and State of , in the sum of dollars [inserting the penal sum] good and lawful money of the United States, to be paid to the .said Y. Z., his executors, administrators, or assigns, for which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, and administrators, jointly and .severally, (<^) firmly by these presents [or, if it ie desired to hind them jointly only, say, do bind ourselves and our heirs, executors, and adminis- trators, jointly but not severally, firmly by these presents]. Sealed with onr seals. Dated this day of , 18 .t The condition of the above obligation is such, that if the above-hounden A. B.j 0. D., and E. F., their heirs, executors, or administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named (d) " Jointly and severally," in this con- 'the representatives. Mitchell «. Darrieott, noction, apply as well to the obligors as to 3 Brev., 145. BONDS. 17T For or by Particular Classes of Persons. Y. Z., his executors, aclministrators, or assigns, the just and full sum \stating the amount to be paid, and concluding as ,in either preceding form 870 to 377]. A. B. [Seal] 0. D. [seal] E. F. ISeal.] 379. Signature by an Obligor Who Will Not be Bound Unless Others Sign.{e) Executed and delivered by me, A. B., on condition that 0. D. and E. F,, the obligors above named, also join. A. B. [Seal.] 380. Bond by Several Persons, Bound Severally, for Several Amounts. Know all men by these presents, that we, A. B., of , in the county of * , and State of , farmer, and 0. D., of the same place, mer- chant, and E. E. and G. H., of , in said county, carpenters, are severally and respectively held and firmly bound unto Y. Z., of said , in the respective sums following — viz., the said A. B., 0. D., and E. F., in the sum of dollars each, and the said G. H. in the sum of dollars, good and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators, or assigns ; for which said several payments well and truly to be made, each of them doth hereby bind himself, his heirs, executors, and administrators, severally and respectively, but not jointly, nor one for the other, firmly by these presents. Sealed with our seals. Dated this day of , 18 . [Add condition according to circumstances of the cose.] 881. Bond by One Obligor to Several Obligees. EJNOw ALL MEN by these presents, that I, A. B., of the town of , in the county of , and State of , blacksmith, am held and firmly bound unto TJ. V., of the city of , and State of , W. X., of the same place, and Y. Z., of , in the State of , merchants, in the sum of dollars [inserting the penal sum], good and lawful money of the United States, to be paid to the said U. V., W. X., and Y. Z., their executors, administrators, or assigns, for which payment, well and truly to be made, I do bind myself, and my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated this day of , 18 .t The condition of the above obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named U. V., W. X., and Y. Z., or their executors, administrators, or assigns, the just and full sum [etc., stating the sum to be paid, and concluding as in either preceding form 870 to 377]. A. B. [Seal.] (e) If several obligors are named in a bound unless all sign. The mere expeota- bondandonly apart ofthem sign it, it will tion tbat the others would sign, is not be valid as against those signing, unless enough to make their signing essential, they sign and deliver upon the reserva- Haskius v. Lombard, 16 Me. (4 Shepl.), tion or condition that they are not to be 140. 12 178 ABBOTTS' FORMS. Bonds to or by Particular Classes of Persons. 382. Bond to Mteeutora or Administrators. Know aix men by these presents, that I, A. B., of , in the county of , and State of , am held and firmly bound unto W. X. and Y. Z., of , in said State, executors of the will of M. N. deceased \or, administrators of the goods, chattels, and credits which were of M. IS. deceased], late of the city of , and State of , in the sum of dollars [inserting the penal sum], good and lawful money of the United States, to be paid to the said executors [or, administrators] as aforesaid, their survivor or survivors, or their or his successors or assigns ; for which payment, well and truly to be made, I do bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated this day of , 18 .+ The condition of the above obligation is such, that if the abo ve-hounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named W. X. and Y. Z., executors [or, administrators] as aforesaid, the survivors, or survivor, or his or their assigns, the just and full sum [etc., stating the sum to le paid, and concluding as in either preceding form 370 to 377]. A. B. [Seal.] 388. £ond To An Unincorporated Society. Know all men by these presents, that we, A. B. and 0. D., of the city of , and State of , are held and firmly bound unto W. X. and Y. Z., also of said place, members [or, committee, or other officers] of [here designate the society ty its full title] of said place, in the sum of dollars, lawful money of the .United States, to be paid to the said "W. X. and Y. Z., or to their successors or assigns, in trust for the said society [or, association], for which payment, well and truly to be made, we bind our- selves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated the day of , in the year one thousand eight hundred and .t The condition of this obligation is such, that if the above-bounden A. B. and 0. D,, their heirs, executors, or p,dministrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named W. X. and Y. Z., their successors and assigns, for the said society [or, association], the just and full sum [etc., stating the amount to te paid, etc., and concluding as in either preceding form 370 to 377]. A. B. [Seal^ 0. D. [Seal] 384. Bond to a Corporation. Know all men by these presents, that I, A. B., of , in the county of , and State of , merchant, am held and firmly bound unto [here insert the true title of the corporation — e. g., thus :] the president and directors and company of the Bank of , in the city of , and State of , in the sum of dollars [inserting the penal suni], good and lawful money of the United States, to be paid to the said the president. BONDS. 179 Corporation Bonds, directors, and company of the Bank of , their successors and assigns ; for which payment, w6ll and truly to be made, I do bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated this day of , 18 . t The condition of the above obligation is such, that if the above-bounden A. B., his heirs, executors, or administrators, shall well and triily pay, or cause to be paid, unto the above-named [here insert title of corporation], or their successors and assigns, the just and full sum [etc., stating the sum to he paid, etc., and concluding as in eitTier preceding form 370 to 377 ]. A. B. [Seal] 385. Bond hy a Corporation, Know all men by these presents, that we [here insert the true title of the corporation — e. g., thus :] the president, directors, and company of the Bank of , are held and firmly bound unto Y. Z., of the city of , and State of , in the sum of dollars [iiuerting the penal sum], good and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators, or assigns, for which payment, well and truly to be made, we do bind ourselves and om- successors, firmly by these presents. Sealed with our seal. Dated this day of , 18 . t The condition of the above obligation is such, that if the above-boundeu [here insert title of corporation], or their successors, shall well and truly pay, or cause to be paid, unto the above-named Y. Z., his executors, admin- istrators, or assigns, the just and full sum of dollars [stating the sum intended to be paid, etc., as in either preceding form 870 to 377, and con- tinuing], then this obligation to be void ; otherwise, to remain in full force. In witness wheheof, and in pursuance of a resolution of the board of directors, passed on the day of . 18 , [Corporate the corporate seal of the said corporation is hereto affixed, seal.] and these presents duly signed by the president and treas- urer [or, and cashier] of said company, this day of , 18 .] [Signature of] [Signature of] President. Treasurer. , 386. Negotiable Bond of Corporation. [Title of the Corporation OMigor.] No. . • $ . This certifies that the < Railroad Company, has received the sum ol one thousand dollars from Y. Z., and in consideration thereof doth hereby promise and agree to pay to him, or the bearer [or his assigns], the said sum of one thousand dollars, on the day of , one thousand eight hundred and ; and also interest for the same at the rate of per centum per annum, on the day of every and ensuing the date hereof, until said prinripal sum shall be paid, upon presentation of the 180 ABBOTTS' FORMS. Corporation Bonds. jannexed interest waxTants, as tliey severally become payable, at the office of the company, in the city of In witness whebbop, and in pursuance of a resolution of the board of directors, passed on the day of , 18 , {Corporate the corporate seal of the said corporation is hereto affixed, ieal.'\ and these presents duly signed by the president and treas- urer [or, cashier] of said company, this day of , 18 . [Signature of'\ [Signature of] President. Treasurer. 387. The Same ; Secured hy Mortgage. No. . $ . Knot all men by these presents, that the Company of , ac- knowledge themselves to be indebted to A. B., 0. D., and E. F., trustees, or bearer, in the sum of dollars, lawful money of the United States of America, which sum they promise to pay at the office of the company, in , on or before the day of , one thousand eight hundred and , with the interest thereon, at the rate of per centum per annum, payable semi-annually, at their office, in , on the day of and , in each year, until said principal is paid. This bond is one of a series of bonds, amounting in all to dollars, all of like tenor and date, and numbered from one to one consecutively, given by the parties of the first part to pay off and discharge certain debts and obligations incHrred in the purchase of the property, and operating the business of said com- pany, and to enable them to conduct, operate, and continue the business of said company. The holder hereof is entitled to the security derived from a certain mortgage, bearing even date with said bonds, made, executed, and delivered to A. B., 0. D., and E. E., as trustees in fact, to secure the pay- ment of said bonds, principal and interest; which said mortgage is made by the obligors herein, and embraces [here designate the property — e. g., thus: the several leases of the lots and premises now held by the obligors herein, and more particularly described in said mortgage; and also the rights, interests, and property of said company, in the buildings, sheds, and other improvements thereon erected. And the mortgage also embraces the franchises, licenses, rights, and privileges of running' and operating their omnibus or stage route, as set forth in the obligor^ articles of association, duly filed in the county clerk's office of said city, and conferred upon them by the authorities of the city of New Tork ; and said mortgage also era- braces aU their stages, omnibuses, sleighs, horses, harness, fixtures, imi^lo- ments, goods, wares, and merchandises, and all other articles of personal property now belonging to said company], and more particularly described in said mortgage, and the schedule annexed.thereto. In witnbss whbebof, the said company have caused their cor- [Oorporate porate seal to be hereto affixed, and these presents to be seal.] subscribed by their president, secretary, and treasurer, this day of , one thousand eight hundred and In presence of [Signatures and titles of [Signature of witness^ president, secretary, and treasurer.] BONDS. 181 Bond and Warrant of Attorney. The above is one of a series of bonds amounting in all to the sum of dollars, referred to in a certain mortgage of even date herewith, ex- ecuted to us as trustees in fact, as stated in the above obligation, for the security of certain bonds, said bonds being numbered from one to [Signatures of trustees.] 388. Form of Coupons, or Interest Warrants, Annexed to Negotiable Bonds. No. . . $. . The Company promise to pay thirty dollars, semi-annual in- terest, due on the day of j 18 , upon their bond No. , on presentation hereof at their office. No , in the city of [Signature.] 389. Bond, With Warrant of Attorney, to Confess Judgment.{/) Know all men by these presents, that I, A. B., of , in the county of , and State of , merchant, am held and firmly bound unto Y. Z., of the city of , and State of , banker, in the sum of dollars [inserting the penal sura], good and lawful money of the United States, to be paid to the said T. Z., his executors, administrators, or assigns; for which payment, well and surely to be made, I do bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal ; dated this day of ,18 . Tub condition of the above obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named Y. Z., his execu- tors, administrators, and assigns, the just and full sum of dollars, with legal interest for the same, on or before the day of , 18 , then tbis obligation to be void ; otherwise, to remain in full force. In presence of A. B. [Seal^ [Signature of witness.] To ANT ATTOBNET W the Oourt of the State of , or of any other court, there or elsewhere : "Whereas, I, A. B., of > by a certain obligation, bearing even date herewith, do stand bound unto Y. Z., of , in the sum of [pen- alty], conditioned for the payment of [principal sum], and interest, these presents are to desire and authorize you, or any of you, on the re- quest of said Y. Z., to appear for me, my executors or administrators, in the said oourt, or elsewhere, in a proper action there or elsewhere brought, or to be brought against me, my execntors or administrators, at the suit of the said Y. Z., his executors, administrators, or assigns, on the said obliga- tion, as of the present, or any antecedent, or subsequent term, or in vacation of the said court, or any other oourt, there or elsewhere to be held, and confess judgment thereupon against me, my executors or administrators, for the said (/) For the mode of confession of judg- Code of Procedure, see our Forms of Blent by u sworn statement, under the Pi-actice and Pleading, Vol. II. 182 ABBOTTS' FOEMS. 'Bond as Collateral Security. sum of [penalty], deM, besides costs of suit, by non sum ivformafMs, nihil dicit, or otherwise, as to you shall seem meet ; and for your, or any of your so doing, this shall be your sufficient warrant. And I do hereby, for myself, my executors and administrators, remise, release, and forever quit- claim unto the said Y. Z., his executors, administrators, and assigns, all and all manner of error and errors, defects and imperfections whatever, in the entering of the said judgment, or any process or proceedings thereon, or thereto, or in any wise touching or concerning the same. In witstess whereof, I have hereunto set my han^ and seal, the day of . A. B. [Seal.] Sealed and delivered in presence of [Signature of witness.] 390. STiort Form of the Same. [Insert in the common form of Money Bond, before the signature, the fol- lowing :] And I do fuethee authorize and empower any attorney, in any court of record in the State of , to appear for me at the suit of the said T. Z., or his representatives, in an action hereon, and confess judgment against me upon this said bond or obligation [or, for so much money bor- rowed],- of any term, or vacation of term, antecedent or subsequent to this date ; and to release to the said Y. Z. all errors that may intervene in ob- taining said judgment, or in proceeding on the same. Signed and sealed this day of , 18 . A. B. [Seal] In presence of [Signature of witness.] 391. Collateral Bond for the Payment of Money Already Secwed hy Mortgage Only. Know all men by these presents, that I, A. B., of the town of , in the county of , and State of , farmer, am [or, we, A. B., of, etc., and C. D., of, etc., are] held and firmly bound unto Y. Z., of the town of , in the county of , and State of ,,merchant [or, unto W. X., of, etc., and Y. Z., of, etc.], in tine sum of dollars, good and lawful money of the United States, to be paid to the said Y. Z., his exec- utors, administrators, or assigns [or, to the said W. X. and Y. Z., their ex- ecutors, administrators, or assigns] ; for which payment, well and truly to be made, I do bind myself, my heirs, executors, and administrators [or, we do bind ourselves, our heirs, executors, and administrators, jointly and sev- erally], firmly by these presents. Sealed with my seal [or, our seals] ; dated this day of , 18 .t The condition of this obligation is such, that if the above-bounden A. B., his [or, A. B. and 0. D., their] heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above- named Y. Z., his executors, administrators, or assigns, the just and full B\im of dollars, on the day of , which will be in the year , being the same sum of money which is secured by the above-' bounilen A. B. [or, by one M. N.], unto the said Y. Z., in and by a certain indenture of mortgage, bearing the date above written, made, or mentioned BONDS. 183 To Secure Annuity. to be made, between the , of the one part, and the said Y. Z., of the other part, by and upon the several conditions therein mentioned, then this obligation to be void ; otherwise, to remain of full force. [Signature and seaZ.] 392. Collateral Bond, hy Surety, for Payment of Money Already Secured iy Bond and Mortgage. [The penal clause will be as in preceding form to the t, thence con- tinuing thus .•] Wheeeas [here recite the consideration — e.g., thu^s:] the above-named T. Z. holds a bond and mortgage made by one M. N., bearing date on the day of ,18 , to secure the payment of the sum of , on the day of ,18 , vrhich time of payment the said M. N. is desirous to have extended, and the said Y. Z..is willing to extend the same until the day of , 18 , upon and in consideration of the above-writtoti obligatioi, as further security therefor. Now, THEEEFOEE, the Condition of the above obligation is such, that if the above-bounden A. B., his heirs [or, A. B. and 0. D., their heirs], ex- ecutors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said [etc., stating the substance of the condition, of the principal bond as extended'], then this obligation shall be void ; otherwise, to remain of ft)U force. [Signature and seal.] 393. Bond for Payment of an Annual Sum to Two Persons and the Survivor, for Life. Know am. ken by these presents, that J, A. B., of the town of , in the county of , and State of , farmer, am [or, we; A. B., of, etc., and 0. D., of, etc., are] held and firmly bound unto Y. Z., of the town of , in the county of , and State of , merchant [or, unto W. X., of, etc., and Y. Z., of, etc.], in the sum of dollars, good ami lawful money of the United States, to be paid to the said Y. Z.. his exec- utors, administrators, or assigns [or, to the said W. X. and Y. Z., their ex- ecutors, administrators, or assigns] ; for which payment, well and truly to be made, I do bind myself, my heirs, executors, and administrators [or, wc do bind ourselves, our heirs, executors, and administrators, jointly anvl severally], firmly by these presents. Sealed with my seal [or, our seals]; dated this day of , 18 . The condition of this obligation is such, that if the above-bounden A B., his [or, A. B. and 0. D., their] heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said W. X. and Y. Z., during their natural lives, and the natural life of the -survivor of them, the clear annual or yearly sum of dollars, on the day of , in every year, the first payment thereof to be ihade on the day of next ensuing the date above written, and also pay a proportionable part of the said annual or clear yearly sum of , for, or in respect of 60 many days as shall have elapsed from the last yearly day of payment 184 ABBOTTS' FOEMS. Bond to Secure Annnity. next preceding the decease of the survivor of them up to the day of the death of such survivor, then the said obligation is to be void ; but if de- fault shaU be made in payment of the said annual sum, or any part thereof, at any of the times aforesaid, then the said obligation is to remain in full force. [SignQture and seal.'\ 394. Bond for Payment of An Annuity for a Term of Years. Know all men by these presents, that I, A. B., of the town of , in the county of , and State of , merchant, am [or, we, A. B., of, etc., and 0. D., of, etc., are] held and firmly bound unto T. Z., widow of W. Z., deceased, of the town of , in the county of , and State of [or, unto "W". X., of^ etc., and Y. Z., of, etc.], in the sum of dol- lars, good and lawful money of the United States, to be paid to the said T. Z., her executors, administrators, or assigns [or, to the said "W. X. and Y. Z., their executors, administrators, or assigns], for which payment, well and truly to be made, I do bind myself, my heirs, executors, and admin- istrators [or, we do bind ourselves, our heirs, executors, and administrators, jointly and severally] firmly by these presents. Sealed with my seal [or, our seals] ; dated this day of , 18 . The condition of the above obligation is such, that if the above-bounden A. B., his [or, A. B. and 0. D., their] heirs, executors, or administrators, or any of them, shall yearly and every year, during the term of years, to be computed from [the day of last past before] the day of the date of the above-written obligation, well and truly pay, or cause to be paid, unto the above-named Y. Z., her executors, administrators, or assigns, the annuity or clear yearly sum of dollars, by even and quarterly [or, half-yearly] portions, paid at or upon the days of the months of , in each year, the first payment thereof to begin and be made on the day of next ensuing the day of the date of this obligation, and also pay a proportionable part of the said annuity, or clear yearly payment of , for, or in respect of so many days as shall have elapsed from the last half [or, quarter] yearly day of payment next preceding the decease of the said Y. Z. up to the day of her death, then this obligation is to be void; but ;f default shall be made in payment of the said annuity, or any part thereof, at any of the times aforesaid, then the said obligation is to remain in full force. [Signature and aeal.} 395. Bond for Payment of Money Upon Expiration of Apprenticeship, or Upon Marriage. [Penal clause as in Form 394 to the *, continuing thus .•] Wheeeas the above-named A. B. hath apprenticed himself to 0. D., of , with him to dwell and serve as his apprentice, from the day of , unto the full end and term of years from thence next ensuing, and fully to be complete and ended, as by the said indenture of apprentice- ship fully appears : and whereas the above-named Y. Z., hath before the day of the date of the above obligation, at several times lent to and dis- bursed for the said A. B., several sums of money, amounting in the whole BONDS. 185 For Payment of Monn-y Only. to the sum of dollars, for which the said Y. Z. is content to take this his hond or obligation, payable at the ezjjiration of the apprenticeship of the said A. B., or the day of marriage ol the said A. B., whichever shall first happea : Now, tberefoeb, the condition of this obligation is such, that if the said above-bounden A. B., his heirs, executors, or administrators, or any of them, shall well and truly pay, or cause to be paid, to the said Y. Z., his executors, administrators, or assigns, the just and full sum of dollars, at the end or expiration of the said apprenticeship of the said A. B., or term of years above mentioned, or on the day of marriage of the said A. B., whichever shall first and next happen to be or come after the date of these presents, then this obligation to be void ; otherwise, to remain in full force. A. B. Ib'eal.] 396. Bond or Bill for An Unliquidated Sum. Know all mbk by these presents, that I, A. B., of , merchant, am held and firmly bound to Y. Z., of said place, banker, in all and every such sums and sum of money, as already have been, or hereafter shall or may be paid or advanced by him for me ; and all such sums of money, to pay which a liability or engagement has been, or shall, or may be entered into or incurred by him the said Y. Z., by reason or means of accepting or paying the drafts, bills, or promissory notes of me the said A. B., or by dis- counting for me other biUs of exchange or promissory notes, or by afford- ing to me other pecuniary assistance, together with lawful interest upoii the same, from the time or respective times of paying or advancing the same; and also the commissions and other charges according to lawful custom, to be paid to the said Y. Z., his executors, administrators, or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal ; dated this day of [Signature and seal.] 397. By Debtors to Bay According to a Composition Beed. [The penal clause will ie as in Form 376 or 378 to the t, thence continuing thus :} Wheebas the above-named Y. Z. has, with other creditors of the above- bounden A. B. [and 0. D.], agreed to take cents on a dollar, as a composition in full for every dollar owing him by the said A. B. [and 0. D.], which is to be paid in mannerfollowing — viz., cents on the dollar, a part thereof on the day of j 18 , and cents on the dollar more, the residue thereof, on the day of , 18 ; and the said A. l'>. has. [or, A. B. and 0. D., have] agreed to give bond to every of said creditors, for the said cents on the dollar, to he paid at the times aforesaid ; and whereas there was due and owing to the said Y. Z., at the time of execut- ing said deed of composition, the just sum of dollars : Now the ooNDiTioif of the above obligation is such, that if the said A. B., his [or, A. B. and 0. I)., their] heirs, executors, administrators, and assigns, or any of them, shall and do well and truly pay to the said Y. Z., his executors, 186 ABBOTTS' FORMS. Bottomry Bond. administrators, or assigns, the just and full sum of dollars, part of the said debt, on {the day of the first payment], and t-he further sum of dollars, residue of the said debt, on [the day of the next pay- ment, etc.], then this obligation shall be void and of no effect ; but if the said A. B. shall make default of payment of either of the said sums, at the said times respectively, then this obligation shall be and remain in full force and virtue. [Signatv/rea and aeah^ n. BoTTOMBT Airo Eespondbntia Bonds. These are bonds for payment of money, but are presented separately for greater convenience. A bottomry bond is given where money is borrowed for the purposes of a voyage, upon a mortgage of the ship, accompanied usually with the personal obligation of the borrower to repay it, but upon condition that the loss of the ship exonerates the borrower. To such a loan the usury laws do not apply, and the lender may stipulate for interest beyond the lawful rate. Such a bond is termed a bottomry bond, because loan is risked on the hull or bottom of the ship. Respondentia is a contract similar to bottomry, except that the loan is made upon the chance of the safe arrival of the cargo. 398. Bottomry Bond. Kiiro-w ALL MEN by these presents, that I, A. B., master [or, owner, or, master and owner] of the ship or vessel called the Mary, now lying at the port of , am held and firmly bound unto Y. Z., of the city of , in the county of , and State of , merchant [or, unto W. X., of, etc., and Y. Z., of, etc.], in the sum of dollars, good and lawful money of the United States [or other currency in which payment is to ie made], to be paid to the said Y. Z., his executors, administrators, or assigns [or, to the said W. X. and Y. Z., their executors, administrators, or assigns], for which payment, well and truly to be made, I do bind myself, my heirs, executors, and administrators, and also the said ship or vessel, her tackle, apparel, and furniture [-and freight], firmly by these presents. Sealed with my seal ; dated this day of ,18 .t "Whereas the above-bounden A. B. has borrowed, taken up, and received of the said Y. Z., the full and just sum of dollars, which sum is to run at bottomry on the body, tackle, apparel, and furniture [and freight] of the said ship or vessel [here state the voyage for which the loan is made — e. g., thm:] from, the port or road of M., on a voyage to the port of N., 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 per cent, for the voyage [or, at the rate or premium of per cent, for every calendar month the said ship or vessel shall be out on said voyage, and so in propor- tion for a less time than a month], in consideration whereof the usual risks of the seas, rivers, enemies, fires, pirates, etc., are to be on account of the said Y. Z. : And whereas for the further security of the said Y. Z., the said A. B. has agreed to and does by these presents mortgage and assign over to the said Y. Z., his executors, administrators, and assigns, the said ship or vessel [and her freight], together with all her tackle, apparel, and furniture; BONDS. 187 Bottomry. and it is hereby declared that the said ship or vessel and appurtenances [and her freight], are thus assigned over for the security of the bottomry taken up by the said A. B., and shall be delivered to no other use or pur- pose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now THE CONDITION of the above obligation is such, that if the above- bounden A. B., his heirs, executors, and administrafors, or either of them, shall and do well and truly pay, or cause to be paid, unto the said Y. Z., or to his attorneys in , legally authorized to receive the same, or to his executors, administrators, or assigns, the full and just sum of , being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of days after the safe arrival of the said ship or vessel at her moorings in the harbor of N., or, in case of the loss of the said ship or vessel, such an average as by custom shall have become due on the salvage, then this obligation is to be void; otherwise, to remain in fuU force. Having signed three bonds of the same tenor and date, either one thereof being accomplished, the other two aj'e to be void and of no effect. A. B. [Seal.] 399. Bottomry Bond hy a Part Owner, Signing as Attorney for Other Owner. Know axl men by these presents, that I, A. B. [master, and] one-third owner of the ship or vessel Mary, now lying in the port of , for my- self, and 0. D., who owns the other two-thirds of said ship or vessel, by me, are held and firmly bound unto Y. Z., of the city of , in the county of , and State of , merchant [or, unto-W. X., of, etc., and Y. Z., of, etc.], in the sum of dollars, good and lawful money of the United States [or otTier currency in which payment is to he made'], to be paid to the said Y. Z., his executors, administrators, or assigns [or, to the said ~Vf. X. and Y. Z., their executors, administrators, or assigns], for which payment, well and truly to be made, we bind ourselves, <■ ur heirs, executors, and admin- istrators, firmly by these presents. Sealed with our seals ; dated this day of ,18 .t [Second paragraph as in form preceding?] Now, THEBEFOEE, THE CONDITION of the above Obligation is such, that if the above-bounden A. B. and 0. D., their heirs, executors, or administrators, or either of them, shall well and truly pay, or cause to be paid, unto the said Y. Z., or to his [or, to W. X. and Y. Z., or to their] attorneys, at , legally authorized to receive the same, or to the executors, administrators, or assigns of said W. X. [and Y. Z.], 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 expiration of days after the arrival of the said ship or vessel at the port of ; or, in case of the loss of the said ship, such an average as by custom shall have become due on the salvage, then this obligation is to be void ; otherwise, to remain in full force. 188 ABBOTTS' FORMS. Eespondentia Bonds. Having signed three bonds of the same tenor and date, either one thereof of which being accomplished, the other two are to be o^ no effect. A. B. [Seal.] 0. D. by A. B. [Seal] 400. Respondentia Bond. [The penal clauae will he as in Form 398 to the +, thenee continuing thug ;] Wheseas theabove-bounden A. B. has [or, A. B. and G.O. haye] borrowed, taken up, and received of the said T. Z. the full and just sum of dol- lars, which sum is to run at respondentia on the said ship or vessel [here state the voyage for which the loan is made], at the rate or premium of per cent, for the voyage [or, at the rate of per cent, for every calendar month the said ship or vessel shall be out on the said voyage, and so in proportion for a less time than a month]; in consideration of which,, the usual risks of the seas, rivers, enemies, fires, pirates, etc., are to be on the account of the said Y. Z. ; and whereas for the further seoiirity of the said Y. Z., the said A. B., for and on account of the owners, their executors, administrators, and assigns, has agreed to, and does by these presents mort- gage and assign over to the said Y. Z., the several goods, wares, and mer- chandise laden and to be laden on the said ship or vessel ; which said goods, wares, and merchandise, with their produce, are thus mortgaged and as- signed over, for the security of the respondentia taken up by the said A. B., and shah be delivered to no other use or purpose whatever, until pay- ment of this bond is first made, with the premium that may become due tliereon : Now THE CONDITION of the above obligation is such, that if the above- bounden A, B., Ms heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said Y. Z. or to his attorneys [or, to W. X. and Y. Z., or to their attorneys], at , legally 'authorized to receive the same, or to the executors and administrators of the said [W. X. and] Y. Z., the just and fall sum of dollars, being the principal of this bond, together with the premium which shall become due thereupon, at the expiration of months after the safe arrival of the said ship or vessel at her moorings in the port of , or in case of the loss of the said ship or vessel, such average as by custom shall have become due on the salvage, then this obligation is to be void ; otherwise, to remain in , fall force. Having signed three bonds of the same tenor and date, either one thereof being accomplished, the other two ai-e to be of no efiect. A. B. [Seal] in. Bonds foe the Peefoemanob oe Non-Peefoemanoe of Vaeiofs Aots. A bond conditioned for the performance of a specific act is broken by failure to perform it ; but where the condition is to indemnify the obligee from dam- age from a nonperformance, there is no breach untU the obligee has been damnified by being compelled to pay, or otherwise. In bond's with conditions for the performance of duties preceded by recitals of what the duties are, general terms in the condition are restrained by the BONDS. 189 Bonds to Perform Covenants. redtals. The recitals, therefore, should be carefully drawn, so as to be as gen- eral as the condition is intended to be. {g) [For Arbitration Bonds conditioned for the Performance of Awards, see cluvpter on Abbitration.] 401. Bond, for the Performance of Covenants Know ah men by these presents, that I, A. B., of the town of , in the county of , and State.of , farmer, am \pr, we, A. B., of, etc., and 0. D., of, etc., are] held and firmly bound unto Y. Z., of the town of , in the county of , and State of , merchant \or, unto W. X., of, etc., and T. Z., of, etc.], in the sum of dollars, good and lawful money of the United States, to be paid to the said T. Z., his [or, to the said W. X. and T. Z., their] executors, administrators or assigns ; for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators \or, we do bind ourselves, our heirs, executors and administrators, jointly and severally], firmly by these presents. Sealed with my seal \pr, our seals] ; dated this day of , 18 . The condition of the above obligation is such, that if the above-bounden A. B., his [or, A. B. and 0. D., their] heirs, executors, administrators and assigns, or any of them, shall well and truly perform, fulfil and keep each and all of the covenants, conditions and agreements specified and contained in a certain [here designate the instrument — e. g., thus .•] indenture of lease, bearing even date with the above-written obligation, and made between A. B. of the one part and T. Z. of the other part, which, on the part and be- half of the said A. B., his [or, A. B. and 0. D., their] heirs, executors, ad- ministrators or assigns, ought to be performed, fulfilled and kept, according to the true intent and meaning of the same, then the above obligation is to be void ; otherwise, to remain in fall force. [Signature and seal.] 402. Bond that a Warranty Shall Be Kept. Know ali, men by these presents, that I, A. B., of the town of , in the county of , and State of , farmer, am [or, we, A. B., of; etc., and 0. D., of, etc., are] held and firmly bound unto T. Z., of the town of , in the county of , and State of , merchant [or, unto W. X., of, etc., and Y. Z., of, etc.], in the sum of dollars, good and lawful money of the United States, to he paid to the said Y. Z., his execu- tors, admittistrators or assigns [or, to the said "W. X. and Y. Z., their exec- utors, administrators or assigns; for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators [or, we do bind ourselves, our heirs, executors and administrators, jointly and sev- erally], firmly by these presents. Sealed with my seal [or, our seals] ; dated this day of , 18 . * Whereas the said A. B. [and 0. D.], for the consideration of dollars to him [or, them] in hand paid, or secured to be paid, did make, finish and ig) Bell V. Bruen, 1 Bote. U. S., 169. 190 ABBOTTS' FORMS. Bouds for Performance of Acts. sell unto the said Y. Z. [or, W. X. and Y. Z.] a steam-en^ne, -with boilers and appurtenances [or other article, as the case may J«], which he has de- livered and placed in the factory of said Y. Z., which he has and hereby does, for himself, his heirs, executors and administrators [or, which they have and hereby do, for themselves, their heirs, executors and administra- tors], warrant to be good in each and every respect, and to remain good and sufficient for the space of years, t Now, THEBBFOEE, THE CONDITION of the above obligation is such, that if the said steam-engine, boilers and appurtenances, or any part thereof, shall within the time aforesaid prove defective or insufficient, in the opinion of any three coitpetent and disinterested mechanics or engineers, then this obligation is to be in fuU force ; otherwise, to be void. [Signatures and seals^ 403. Bond for Bepayment of Purchase-Money, On a Breach of Warranty^ [As in preceding form to the t, thence continuing thus .■] Now, THEEBFOKB, the Condition of this obligation is such, that if the said steam-engine, boilers and appurtenances shall so be and remain for the time aforesaid; or in case the same or either of them shaU within the time aforesaid prove defective or insufficient, in the opinion of any three com- petent mechanics or engineers, who shall be disinterested, if in such case the above-bounden A. B., his [or, A. B. and 0. D., their] heirs, executors and administrators, or any of them, shall well and truly repay, or cause to be repaid, unto the said W. X. and his [or, W. X. and Y. Z., their] heirs, executors or administrators, the said sum of dollars, with legal interest from the day of , 18 , upon the re-delivery to him or them, at aforesaid, of such defective or insufficient engine, boiler and appur- tenances, then this obligation is to be void ; otherwise, to remain of full force. [Signatures and seak.] 404. Bond for a Peed, iy Vendor to Purchaser. Know all ken by these presents, that I, A. B., of the town of , in the county of , and State of , farmer, am held and firmly bound unto Y. Z., of the town of , in the county of , and State of , merchant, in the sum of dollars, good and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators or assigns ; for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal ; dated this day of , 18 . * Whekeas the above-bounden A. B. has this day agreed to sell to the said Y. Z. the following described tract of land in the county of , in the State of , to wit [describing it], on condition that the said Y. Z. shall pay the sura of dollars, in manner following — ^to wit [stating time, etc.], for which the said Y. Z. has given his promissory note. Now THE CONDITION of this obligation is such, that if said Y. Z. shall pay said note at maturity, and shall in the mean time pay all taxes on said land. BONDS. 191 Bond for Conveyance. and the said A. B. shall on the completion of said payments, make, execute and deliver, or cause to be made, executed and delivered [here state the conveyance to he given — e. g., thus :] a good and sufficient warranty-deed to the said T. Z. for said tract of land, t then this obhgation to be void; other- wise, to remain in fall force. Aim it is bxpbbsslt agreed by and between said parties, that time is of the essence of this contract, and that in the event of the non-payment of said sum of money, or any part thereof, promptly at the time herein limited, that then the said A. B. is absolutely discharged at law and in equity from any and all liability to malse and exe- cute such deed, and may treat the said Y. Z. as a tenant holding over after the termination, or contrary to the terms of his lease ; or if he prefer to do BO, may enforce the payment of said note. In presence of A. B. [Seal.] [Signature of witness, if any. 1 405. Bond With Surety, to Execute a Conneyance. Know ali, men by these presents, that we, A. B., of the town of , in the county of , and State of , farmer, and 0. D., of, etc., are held and firmly bound unto T. Z., of the town of , in the county of , and State of , merchant, in the sum of dollars, good and lawful money of the United States, to be paid to the said Y. Z., his ex- ecutors, administrators or assigns, for which payment, well and truly to be made, we do bind ourselves, 'our heirs, executors and administrators, jointly •and severally, firmly by these presents. Sealed with our seals; dated this day of , 18 . * The condition of the above obligation is such, that if the above-bounden A. B., on or before the day of next, or, in case of his death before that time, if the heirs of the said A. B. within months after his de- cease, if such heirs shall then be of full age, or, if within age, then within months after such heirs shall be of full age, do and shall upon the reasonable request, and at the proper cost and charges in the law of the said Y. Z., his heirs or assigns, make, execute' and deliver, or cause so to be to the said Y. Z., his heirs or assigns, or to such person or persons as be or they shall nominate and appoint, and to such uses as he or they shall direct \here state the con'oeyance stipulated for — e.g., thus:'\ all and every such deed or deeds, conveyance or conveyances whatsoever, which shall be needful for conveying and confirming unto the said Y. Z., his heirs and as- , signs, a good, absolute and indefeasible estate of inheritance in fee-simple, clear of all encumbrances, except a mortgage made by A. B. for $1,000, and due years from date \or thus : a good and suflBcient conveyance in fee- simple; with the usual covenants], [or thus: a good and sufficient warranty- deed, in fee-simple, free from all encumbrance, and with fall covenants], of the following described premises — to wit : all [describing premises], f then the above obligation to be void ; otherwise, to remain in full force and virtue. A. B. [Seal.] C. D. [Seal:] 192 ABBOTTS' FORMS. Bond to CoDvey. 406. Bond to Give a Quit- Claim. (h) \Ifwith surety, the penal clause will he as in Form 40S ; if without, as in Form 402 to the *, and thence continue thus:'] The condition of the above obligation is such, tbat if the above-bounden A. B. shall well and truly make, execute and deliver to the said T. Z. a deed of release and quit-claim of said A. B.'s interest in [designating th^ property], and shall suffer and permit the said Y. Z., his heirs and assigns, to peaceably occupy and possess said interest, then this obligation is to be void ; otherwise, to remain in full force. A. B. [Seal.] 0. D. [Seal] 407. Bond That a Third Person Shall Convey on Coming of Age. [If with surety, the penal clause may ie as in Form 405 ; if without surety, as in Form 402 to the *, thence continuing with a recital of the case — e. g.. thus :] Whereas the above-bounden A. B. and one M. IT. are the heirs [or, dev- isees] of one deceased, and as such heretofore seized of certain prem- ises in the town of aforesaid, described as follows [description] • and whereas the above-named T. Z. has agreed with the said A. B. and M. N. for the purchase of the said premises, for the sum of dollars ; but the said M. N., not being yet of age, cannot now join in conveying the same to the said Y. Z. ; and whereas the said Y. Z., at request of the above-bounden A. B. [a7id name surety, if any], and on his [or, their] promise and under- taking that the said M. N. should, as soon as fie shall have attained the age of twenty-one years, at the proper costs and charges of the said Y. Z., con- vey to the said Y. Z., his heirs and assigns, his undivided interest in and part of the said premises, has paid into the hands of the said A, B. the whole of the said pnrohase-money ; and the said A. B., by his deed of even date herewith, has conveyed his undivided interest in and part of the said prem- ises, to the said Y. Z., 'his heirs and a-ssigns : Now the condition of this obligation is such, that if the said M. N. shall within a reasonable time after he shall have attained the said age of twenty-one years, at the proper costs and charges of the said Y. Z., convey unto the said Y. Z., his heirs and assigns, by such deeds and conveyances as the counsel of the said Y. Z. shall advise,, his undivided interest in and part of the said premises, and that without any consideration to be paid him by the said Y. Z. for so doing ; and also if, and in case the said A. B. [and name also surety, if any], his [or, theifj heirs, executors or administrators, shall in the mean time, and until the said M. N. shall have executed, such convey.moes as aforesaid, save, defend, keep harmless and indemnified the said Y. Z., his heirs, executors and ad- ministrators, and the said premises, and the rents, issues and profits there- of, of and from aU claims and demands to be made thereto, by or on the part and behalf of the said M. N., t then this obligation to be void ; other- wise, to remain of fuU force. [Signatures and seals.] (A) This form only binds the obligor for broken if he be ousted by better title, what interest he may have, and is not Sawtell v. Pike, 20 Me. (2 Applet.), 16a. BONDS. 193 To Assign. To Pay Mortgage. 408. Condition for Quiet Possession Meantime. [Insert in either preceding form at the t, the following :'\ And nlso if the said A. B., his heirs, executors, administrators and assigns, do and shall, until such conveyance and assurance be made and executed as aforesaid, permit, and suffer the said Y. Z., his heirs and assigns, peaceably and quietly to have, receive and take to his and their own proper use and uses, the rents and profits of all and singular the premises, and every part and parcel thereof, without any manner of distuAance or hindrance of the said A. B., Ms heirs, executors, administrators or assigns, or any of them, or of any other person or persons whatsoever, by his or their, or any of their means, or procurement, then, etc. 409. Bond to Execute An Assignment. [If with surety, the penal clause will he as in Form 405 ; if without surety, as in Form 402 to the *, thence continuing thus .•] The condition of the above obligation is such, that if the above-bounden A. B., his executors, administrators or assigns, on or before the day of next, shall, upon the reasonable request, and at the proper cost and charges of the said T. Z., his heirs or assigns, make, execute and de- liver, or cause so to he, to the said T. Z., his heirs or assigns, or to such person or persons as he or they shall nominate and appoint, and to such uses as he or they shall direct, a good and suflioient assignment of all such estate and interest as he, the said A. B., now hath in the lands and tene- ments of M. N. at , then this obligation to be void ; otherwise, to re- main in full force. A. B. [Seal.'l 410. Bond to Pay Off and Cancel a Mortgage. [If with surety, the penal clause will le as in Form 405 ; if without surety, as in Form 402, to the *, and then recite the cause of giving the bond—e. g., thus, where it is given by a vendor of the land to the purchaser :] Wheebas the above-bounden A. B. and 0. B. his wife heretofore agreed to convey, and have this day conveyed, to the said Y. Z. certain lands in [briefy designating the premises], by a full warranty-deed ; and whereas said premises are subject to the payment of a mortgage, bearing date tha day of ,' 18 , executed by the said and his wife, to , of the city of , and county of , for the pur- pose of securing the.payment of the sum of dollars, in years from the day of the date thereof, with semi-annual interest, as secured by the condition of a bond, of like date therewith, executed by the said to the said , which said mortgage is a lien upon the premises afore- said, and was recorded in the office of the clerk of the county of on the day of , 18 , at pages and of book of mortgages, at o'clock M., and upon which there is now remaining due and unpaid the said principal sura of dollars, with interest from the day of , last past ; which sum the above-bounden A. B. agreed to pay, and to satisfy and cancel of record said mortgage. Now, THEEBifOEE, THE ooNDiTtON of the above obligation is such that if 13 194 ABBOTTS' FOEMS. Bond to Deliver Title Deeds. the above-bounden A. B., bis bears, executors and administrators, or eithel- of tbem [or, the above-boimden A. B. and T>., or either of them, or their or either of their l^eirs, executors or administrators], shall well and truly pay, or cause to be paid, unto the said [mortgagee], or his executors, administrators or assigns, all such sum and sums of money as are or may hereafter become due on the said bond and mortgage, exeoiited by the said A. B. and his wife as aforesaid, and forever satisfy and discharge the same, saving the said T. Z., his heirs, executors, administrators and assigns, harm- less of and from all and all manner^ of costs, charges and expenses in the premises, then the above obhgation is to be void ; otherwise, to remain in full force. [Signatures and seals.] 411. Send by Vendor to JDeliver Lost Title Deeds When Found, and to Indemnify Against Enoumbrancea. [If with surety, the penal clause will be as in Form 405 ; if without surety, as in Form 402 to the *, continuing an follows ;] Wheeeas certain title deeds and evidences of title to premises heretofore occupied by the above-bounden A. B., in the village of , in the State of , have been lost or mislaid, not having been recorded, and the said A. B. upon conveying said premises to Y. Z., by deed of even date with these presents, agreed with him to save harmless, and keep indemnified the said Y. Z., his heirs, executors, administrators and assigns, against all per- sons whatsoever, claiming any right or title to the said premises, or any part thereof, and all costs and charges attending the same, until the said title deeds and evidences of title shall appear to be found; and also, that in case the said title deeds and evidences to the said premises should at any time hereafter be found, then the same should be delivered to the said Y. Z., his heirs or assigns, whole and uncancelled: Kow the condition of this obligation is such, that if the said A. B., his heirs, executors or admin- istrators, do and shall from time to time, and at all times hereafter until the said title deeds and evidences, forming a complete title to the said premises, shall be found, save harmless, and keep indemnified the said Y. Z., his heirs, executors, administrators and assigns, of, from and against, all mortgages and other charges, and encumbrances, affecting the said premises, and against all and every person and 'persons whatsoever, claiming any estate, right or title of, in or to the same, or aily part thereof; and, if such title dt'cds and evidences, or any of them, shall at any time hereafter be found, if the same shall be delivered up to the said Y. Z., his heirs or assigns, in whole and uncancelled, without fraud or other delay, then this obligation is to be void ; otherwise, to remain in full force. [Signatures and seals!] 412. Bond by Part Owners of a Ship, on Selling the Same, to Procure Bill of Sale from the Other Fart Owner. [The penal clause may be as in Form 405 to the *, and thence continue thus .•] Whkkeas the above-bourden A. B. has [or, A. B. and C. D. have], by bill BONDS. 195 Security by Tenant. of sale of even date herewith, sold and 'assigned unto the said Y. Z. his share [or, then- several shares] in the ship or vessel called the Mary, and the appurtenances ; and whereas M. N., of , is owner of the other part of the said ship or vessel, but, he being absent, the said A . B. has [or, A. B. and 0. D. have] undertaken with the said Y. Z. that the said M. N. shall duly execute a like bill of sale, or otherwise by some other deed, sufficiently convey the said part of the said ship, with the appurte- nances, to the said Y. Z., and thereupon the said Y. Z. has paid to the said A. B., the sum of dollars, being the purchase-money for the said part, to be conveyed by said M. N. Now, THBEEFOEE, THB ooNDiTioN of the abovc obligation is such, that if the said M. N., his executors, administrators or assigns, shall within months after the date above written, duly sign, seal, and execute such bill of sale to the said Y. Z., or otherwise duly and sufficiently convey the said part of the said ship, with the appurtenance^ to the said Y. Z. ; and if, in the mean time, the said Y. Z., his executors, administrators or assigns, shall quietly hold the said part of the said ship, with the appurtenances, belonging to the said M. N., without any denial or interruption by the said M. N., or any other person or persons whatsoever, then this obligation to be void and of no effect ; otherwise, to be and remain of full force and virtue. [Signature and seal.] 413. Bond of Tenant With Sv/rety, For the Payment of Bent. [The penal clause may he as in Form 405 to the *, and thence continue thus ;] Whereas the above-named Y. Z., by indenture of lease bearing even date with the above-written obligation [or, bearing date the day of ], for the consideration in the said lease mentioned, hath demised to the above- bonnden A. B. certain premises with the appurtenances, situate in , for the term of years from thence next ensuing [determinable, never- theless, at the end of the first years of the said term, if the said his executors, administrators or assigns, shall give months' notice thereof in manner therein mentioned], at and for the yearly rent of dollars, payable [quarterly], as therein expressed. Now THE CONDITION of this Obligation is such, that if the above-bounden A. B. and 0. D., their heirs, executors or administrators, or any of them. shall, during the continuance of the said lease, well and truly pay, or cause to be paid, to the said Y. Z., his executors, administrators or assigns, the yearly rent or sum of dollars in equal quarter yearly payments, on the days of \desig,nating the m^ntlni], or within days next after every of the said quarter-days, according to the true intent and meaning of the said recited lease [subject, nevertheless, to the determination thereof, in manner as aforesaid], then the above-written obligation is to be void ; but if default shall be made in any of the said quarterly payments, then this obligation shall remain in full force. [Signatures and seals.] 196 ABBOTTS' FOKMS. Receiptor's Bond. 414. Bond of Tenant With Surety, for the Surrei^der of Premises in Good, Condition, etn. {The penal clause may ie as in Form 405 to the * and thence continue thus .•] Wheeeas the above-named Y. Z., by indenture of lease bearing even date with the above- written obligation [or, bearing date the day or ], for the consideration in the said lease mentioned, demised to the above-bounden A.-B. certain premises with the appurtenances, situate in , for the term of years from thence next ensuing [determinable, nevertheless, at the end of the first years- of the said term, if the said lessee, his executors, administrators or assigns, shall give months notice thereof in manner therein mentioned], at and for the yearly rent of dollars payable l^iuarterly], as therein expressed. Now, THEEEFOEE, THE CONDITION of this obligation is such, that if the said A. B., Ms executors, administrators or assigns, at his or their own proper costs and charges, shall, during the said lease, always maintain, or at the expiration or other sooner determination of the term thereby granted, shall put or cause to be put the said [mUl], and all things belonging thereunto, into the same form, order and manner as they now are, and fitting to be used for a [grist-mill], as the same now is, and shall and do deliver up the same, in such order and manner as aforesaid, at the expiration or d-v termination of the said term, with all the materials, ntensUs and things which are now in, about and belonging thereto, unto the said Y. Z., his heirs, executors, administrators or assigns, in as good repair and condition as they now are, reasonable use and wear and tear thereof [and damages by the elements] in the mean time only excepted, then this obligation is to be void ; otherwise, to be in fuU force, [Signatures and seals.] 415. Bond with Surety, to Deliver to Sheriff Goods Levied On, and Left in Defendants Possession. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of , farmer, and 0. D. of the same place, merchant, are held and firmly bound unto Y. Z., the shei-iff of the county of , in the sum of dollars, good and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators or assigns, for which payment, well and truly to be made, we do bind our- selves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals ; dated this day of ,18 . ■Whbebas the above-named Y. Z., sheriff of the said county of , by virtue of an execution [or, a writ of fieri facias], issued out of the court of , for the , to Mm directed and delivered, has seized, and taken in execution the following goods [describing them], as the property of the above-bounden A. B., defendant in the said execution [or, writ of fieri facias]. BONDS. 197 To Refund Legacy. Now THi CONDITION of this obligation is such, that if the above-boundeti A. B. or 0. D., or their executors, administrators or assigns, or any of them, shall well and truly deliver up or cause to be delivered up to the said sheriff all the above-mentioned goods, whenever required by the said sheriff, in a sound and in every way as good a situation and condition as when the above-mentioned goods were first levied on by the said sheriff, and that too without fraud or other delay, then this obligation is to be void ; otherwise, to remain in full force. A. B. [Seal] 0. D. [Seal] 416. Bond to Executors or Administrators With Will Annexed, to Refund Legacy if Assets Prow Iraufficient. Enow ail men by these presents, that I, A. B., of , in the county of , and State of , am [or, if with surety, say, we, A. B., of, etc., and 0. D., of, etc., are] held and firmly bound unto W. X. and Y. Z., of , in said State, executors of the will of M. N., deceased [or, admin- istrators with the will annexed of M. N., deceased], late of the city of , and State of , in the sum of dollars [inserting the penal «Mm], good and lawful money of the United States, to be paid to the said executors \or, administrators] as aforesaid, their survivor or survivors, or their or his successors or assigns, for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators \or, we do bind ourselves, our heirs, executors and administrators, jointly and sev- erally], firmly by these presents. Sealed with my seal [or, our seals] ; dated this day of , 18 . Wheeeas, M. N. [fatlier of the said A. B.], by his said will, bearing date the day of ,18 , gave and bequeathed to the said A. B. a legacy of dollars [or, shares of the capital stock of the baiji, or otherwise, as the case may le\, * which the said W. X. and Y. Z. have paid, transferred and delivered [or, are about to pay, transfer and deliver] to the said A. B. Now THE CONDITION of this obhgation is such, that if the "said legacy, or any part thereof, shall at any time be necessary to discharge any debt, lia- bility or legacy, wliich the said executors [or, administrators] shall not have other assets to pay, then, and in such case, if the said A. B., his heirs, executors or administrators shall return the said legacy, or such part thereof as shall appear to be necessary for tlie payment of such debts or liabilities, or for the payment of a proportionate part of such legacies, and the costs and charges, if there be any, incurred by reason of the payment of the said A. B. ; or, if the probate of the will of the said deceased be re- voked, or the will declared void,, wholly or ♦as to such legacy, then, and in such case, if the said A. B. shall return the whole of the legacy [with in- terest]to the said W. X. and Y. Z., their survivors. Or their or his successors or assigns, then this obligation is to be void; otherwise, to remain in full force. [Signatures and seals.] l'&8 ABBOTTS' FOEMS. Bond for Legacy. Bond for Maintenance. 417. Bond, to Executors, etc.. On Payment of a Legacy to a Minor. Know all men by these presents, that I, A. B., of , ia the county ot , and State of , am held and firmly bound unto W. X. and Y. Z., of , in the said State, executors of the will of M. N., deceased [or, administrators with the will annexed of M. N., deceased], late of the city of , and State of , in the sum of dollars \inserting the penal sum], good and lawful money of the United States, to be paid to the said executors [or, administrators] as aforesaid, their survivor or survivors, or their or his successors or assigns, for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal ; dated the day of , 18 . "Whereas the said M. N., by his said will, bearing date the day of , 18 , gave and bequeathed to 0. B., the minor son of the above- bonnden A. B., a legacy of dollars [or otherwise, as the case may le'^ which the said W. X. and Y. Z., at the request of said A. B., have paid, transferred and delivered [or, are about to pay, transfer and deliver] to ibj said A. B., for the use and benefit of the said legatee, his minor son. Now THE ooNDiTioN of this obligation is such, that if the said A. B. shall pay the said legacy to the said 0. B., his son, when he shall attain the age of twenty-one years ; and if the said 0. B., within ' months after his attaining such age, or his executors or administrators, upon his decease before attaining such age, shall execute and deliver to the said "W. X. and Y. Z., as executors [or, administrators] as aforesaid, their survivor or suc- cessors, a suflBcient release and discharge of and from the said legacy so paid as aforesaid, and also if the said A. B., his executors and administra- tors, do and shall, at all times hereafter, well and suflBciently save and keep harmless and indemnified the said W. X. and Y. Z , their heir.i, executors, administrator^ survivors and successors, of and from all actions and de- mands, for, about or concerning the said legacy in anywise, then this obli- gation is to be void ; otherwise, to remain in fuU force. [Signature and seal.'] 418. Bond to Maintain Two Persons for Life. [If with surety, the penal cla/use will ie as in Form 405 ; if without suretif, as in Form 402, to the *, and thence continue thus :] Whkeeas the above-bounden A. B., in consideration of the sum of dollars, to him in hand paid by the above-named Y. Z. [or, a conveyance of land this day made by said Y. Z., and W. Z. his wife], has agreed to main- tain them, the said Y. Z. and W. Z. for life. Now, thebefoee, the con- dition of this obligation is sueh, that if the said A. B., his executors or administrators, shall from time to time, and at all times hereafter during the natural life of the said "W. Z. and Y. Z., and the survivor of them, ■^eW and sufficiently support and maintain, and clothe, and in all respects suitably care and. provide them and each of them, in the house of said A. B [or, and shall allow the said Y. Z., and W. Z. his wife, and the survivor of them, the BOKDS. 199 To Marry. To Support Child. sole use of the room which they now occupy on the premises], and also shall pay to them, during their joint lives, on the day of , in each year, the clear yearly sum of dollars, and to the survivor of them, during his or her life, the clear yearly sum of dollars, on the like days, then this ohligation is to be void ; otherwise, to remain in full force. Pkovided, however, that the said W. Z. and Y. Z. shall not refuse to re- side in the county of aforesaid, except such refusal be occasioned by inability to obtain comfortable and sufficient board, lodging and main- tenance in the said county. [Signatures and seals.] 419. Bond to Marry or to Pay a Sum of Money. [If with surety, the penal clause will he as in Form 405; if without, as in Form 402 to the *, and thence continue thus .•] Thb condition of the above obligation is such, that if the above-bounden A. B. do, on or before the day of , espouse and marry W. Z., daughter of the said Y. Z., if the said W. Z. will thereunto /issent and tlio laws of this State [or, Commonwealth] will permit the same; or if it shall happen that the said A. B. shall not marry her as aforesaid, then if the said A. B. shall well and truly pay, or cause to be paid, unto the said W. Z., her executors, administrators and assigns, the sum of dollars on the day of next ensuing the said day of , above mentioned and limited for the said marriage, then this obligation is to be vqid ; otherwise, to remain in full force. . [Signatures and seals.] 420. Bond to Contribute to the Support of An Illegitimate Child. [If with surety, the penal clause will he as in Form 405 ; if without surety, as in Form 402 to the *, and thence continue thus .■] Whf.eeas the said Y. Z. has made oath before M. N., a justice of the peace in and for the said town [or, county] of , that the above-bounden A. B is the father of a male [or, female] bastard child, of which she has lately been delivered, and the said A. B. has thereupon agreed to assist the said Y. Z. in the support and maintenance of the said child : . Now, THEHEFOEE, THE coNDiTioiT of the above Obligation is such, that it the above bounden A. B., his heirs, executors and administrators, or any of them [or, the above-bounden A. B. and 0. D., or either of them, or their or either of their heirs, executors or administrators], shall and do well and truly pay to the said Y. Z., her executors, administrators or assigns, towards the support and maintenance of the said child, the sum of dollars ajid cents per week, for each and every week from the day of , 18 , during the term of years, if said child shall live so long, the;:, etc. [as above]. 421. Bond to Serve in Consideration of the Payment of a Debt. Know alt- men by these presents, that I, A. B., of , in considera- tion of the sum of to me in hand paid by Y. Z., of , have bound myself, and by these presents do bind mys&lf, a servant unto the said Y. Z., to serve him, the said Y. Z., his executors and administrators [and assigns], 'MO ABBOTTS' FORMS. Bonds respecting Apprenticeship. for tlie space of montlxs and days from the day of the date hereof; and I do covenant so to serve faithfully during the said time ; and so to serve at the rate of dollars per month for all such ftioneys as the said T. Z. hath undertaken, or shall undertake, and be obliged to pay at my request, for me and on my account, he, the said Y. Z., finding and pro- viding for me during the said time, in board, lodging, and washing, as is customary 'for servants. In ■witness whekeof, I have hereunto set my hand and seal, this day of , 18 . [Signature and seal.] 4:22. Bond iy a Father for Service of Apprentice. Know all men by these presents, that I, A. B., of the town of , in the county of , and State of , farmer, am held and firmly bound unto Y. Z., of the town of , in the county of , and State of , blacksmith, in the sum of dollars [inserting penal smto], good and law- ful money of the United States, to be paid to the said Y. Z., his executors, administrators or assigns ; for which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, firmly by these presents. Sealed with my seal; dated this day; of , 18 . t Whereas 0. B., son of the above-bounden A. B., by indenture of appren- ticeship, bearing even date with the above-written obligation, has been ap- prenticed to the above-nained Y. Z., with him to dwell and abide, from the day of the date thereof unto the full end and term of years thence next ensuing, as by the said indenture more fully appears. Now the con- dition of this obligation is such, that if the said 0. B. shall well and truly serve and dwell with the said Y. Z. after the manner of an apprentice, dur- ing all the said term of years, according to the true intent and mean- ing of the said indenture ; and if the said 0. B. shall not, during said time, detain, convert, waste, embezzle, make away or lend, without his master's order or privity, any goods and chattels of the said Y. Z.,. his executors or administrators, but shall behave himself honestly and obediently towards the said Y. Z., his executors and administrators, as a good and dutiful ap- prentice ought to do, during the said term [or may provide for the obligor reimbursing^ as in the following form, last clause'], then this obligation is to be void ; otherwise, to remain in full force. A. B. [Seal.] 4 i3. Bond for Clothing and in Sichness Maintaining An Apprentice, and for His Fidelity. [The penal clause will be as in the preceding form to the t, and thence continue thus .•] Wheeeas, 0. B. [son of the above-bounden A. B.], by an indenture bear- ing even date with the above obligation, has been apprenticed to the above- named Y. Z. for the term of years from the date hereof, as by the said indenture appears ; and whereas the said Y. Z. accepted of the said 0. B. as his apprentice on the above-boundon A. B. agreeing to find and provide BONDS. 201 Eelating to ApprenticeBhip. for tbe said 0. B. [his son] all and all manner of wearing apparel and wash- ing during Ms said apprenticeship, and in case of sickness, proper diet, lodging, attendance, medicines and medical advice : Now the condition of tliis obligation is such, that if the above-bounden A. B., his executors or administrators, or any of them, shall at all times hereafter during such ap- prenticeship, at his and their own proper costs and charges, find and pro- vide, or cause to be found and provided, for, the said 0. B. all and all man- ner of wearing apparel whatsoever, and washing, fit and convenient for the said 0. B. ; and, in case the said 0. B. shall at any time during his said ap- prenticeship be rendered incapable, by sickness or otherwise, of performing his duty as an apprentice, shall as often and so long as such shall be the case, at his and their own proper costs and charges, find and provide for the said C. B. fit and convenient diet, lodging, attendance, medicines and medical advice, and thereof and therefrom, and from the covenants in the said indenture of apprenticeship contained relating thereto, shall save, keep harmless and indemnified the said Y. Z., his executors and administrators, and every of them ; and also in case the said 0. B., at any time during his said apprenticeship, shall detain, convei-t, and embezzle, make away or lend, without his said master's order or privity, any money, goods, wares, merchandise or other things appertaining to the said Y. Z., his executors or administrators, then if in such case the said A. B. shall always, witliin days next after notice thereof to him or them, make sufficient recom- pense, payment and satisfaction to the said Y. Z,, his executors or adminis- trators, for the same, then this obligation is to be void ; otlierwise, to re- main in full force. [Signature and seal.'] 424. Bond of Master to Discharge An Apprentice Before the Mepiration of His Term. [The penal clause will be as in Form 422 to the t, thence continuing thus .•] Wheeeas, W. Z., son of the above-named Y. Z., by an indenture of ap- prenticeship, beai-ing even date herewith, has been apprenticed to the * above-bouua«c, 449. 206 ABBOTTS' FOEMS. Bonds of Indemnity. harm, trouble, damage, costs, suits, actions, judgments and executions that shall or may at any time arise, come or be brought against him, them or any of them, as well for the levying and making sale under and by virtue of such execution, of all or any goods and chattels which he or they shall or may judge to belong to the said M. N., as well as in entering aiiyshop, store, building or other premises, for the taking of any such goods and chattels, then this obligation is to be void; otherwise, to remain in full force. Sealed and delivered ) A. B. [Seal.] in presence of 1 0. D. [Seal.] [ Witness's signature.] 432. Bond With Surety, to Indemnify MaTcer of Note or Acceptor of Bill for Accommodation, from Loss Thereby. Know atx men by these presents, that we, A. B., of the town of , in the county of , and State of , farmer, and 0. D., of, etc., are held and firmly bound unto Y. Z., of the town of , in the county of , and State of , merchant, in the sum of dollars, good and lawful money of the United States, to be paid to the said.T. Z., his ex- ecutors, administrators or assigns ; for which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this day of , 18 . * Whbeeas the said T. Z. has, without consideration to him moving there- for, and solely for the accommodation of the above-hounden A. B., made and advanced to said A. B. his promissory note [nr, accepted a bill of ex- change drawn by upon him] for dollars, bearing date the day of 1 18 , and payable to [with interest], days after the date thereof: ISTow the condition of this obligation is such, that if the said above- bounden A. B. and 0. D., their executors or administrators, or any of them, shall well and truly pay the said sum of dollars, for the payment of which the said note [or, bill] is so given, and the interest thereof, on the day of payment therein mentioned, and in full discharge thereof, and indemnify and save harmless the said T. Z., his executors and administrators, from and against any and all suits, actions, damages, costs, charges, and expenses, by reason of said note [or, bUl], then this obligation is to be void ; otherwise, to remain in full force. A. B. [Seal.] 0. D. [Seal!] • 433. Bond to Indemnify Partners Earning Indorsed for Accommodation, Against Liability 'ITiereby. Know am, men by these presents, that we, A. B., of the town of , in the cdunty of , and State of , and 0. D., of the same place. merchants, are held and firmly bound unto W. X. and T. Z., of the town of , in the county of , and State of , merchants, doing busi- BONDS. 207 Indemnity. iiess under the name of Y. Z. & Co., in the sum of dollars, good and lawful money of the United States, to be paid to the said W. X. and T. Z., or their survivors, executors, administrators or assigns, for -which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this day of , 18 . * Wheeeas the said Y. Z. & Oo. have, withont consideration to them mov- ing therefor, and solely for the accommodation of the above-bounden A. B., indorsed a promissory note made by [or, a bill of exchange drawn by upon ], for dollars, bearing date the day of , 18 , and payable to [with interest], days after the date thereof Wow THE ooN'DiTioisr of the above obligation is such, that if the above- bounden A. B. and 0. D., their heirs, executors and* administrators, or any of them, shall well and truly pay, or cause to be paid, the said sum of dollars, for the payment of which the said note [or, bill] is so given, and the interest thereof, according to the tenor thereof, and in full discharge thereof, and indemnify and save harmless the said W. X. and Y. Z., their executors and administrators, and each of them,(r) from and against any and all liability(s) by reason of said 'note [or, bill], as well as against any and all suits, actions, damages, costs, charges and expenses by reason thereof, then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal.] 0. D. [Seal.] 434. Bond ly a Person Carrying on Business in the Na/me of Another, to Indemnify the Latter from, Loss or Damage. [The 'penal claiue may te as in the preceding form, 432 or 438 to the *, thence continuing thus :] W HBEEAS the above-named Y. Z. has, at the request of the above-bounden A. B., consented that during the term of years from the date hereof, the said A. B. may use the name of the said Y. Z. in carrying on the busi- ness of at . which he does and is to do for his own account and profit, and not for the account or profit of the said Y. Z., but only to pre- serve the said business .to himself, the said Y. Z. having left the same ; pro- vided, however, that the said Y. Z. may be indemnified against all damage by reason of so carrying on the said business, or his using his name therein : Now THE CONDITION of this obligation is such, that if the said A. B., hif" heirs, executors and administrators, or any of them, shall well and truly indemnify and save harmless the said Y. Z., his executors and administra- tors, from all manner of suits, actions, damages, charges and expenses which he or th6y may sustain or be put to by reason of the said A. B.'s so (r) An agreement to indemnify partners (») This will render the obligors liable flgainet suits against them extends to suits upon the bond in case the obligees become against one of them, in a place where by duly charged as indorsers or acceptors of law it is not necessary that a suit be against the accommodation paper, all the partners of a lirm liable. Hill v. Packard, 5 Wend., 11a. 208 ABBOTTS' FORMS. Bonds of Indemnity. using the name of the said T. Z. as afoveoaid, or by reason of any thing re- lating thereto, then the above obligation, is to be void ; otherwise, to remain in fuU force. A. B. [Seal] 0. D. [Seal] 435. Bond to Indemnify Tenant on Paying Sent, When Title is in Dispute. [The penal clause may be as in Form 432 or 433 to the *, continuing thus :\ WiiEEBAs the above-named A. B. claims from the said Y. Z. rent of cer- tain premises in \briefiy designating them] — 1(? wit, dollars, due on the day of , 18 [and quarterly thereafter] ; and one M. N. also claims some title to s'aid premises, and to be of right entitled to said rents, or some par* thereof: Now the oondithin of the above obligation is such, that if the above-bonnden A. B. and 0. D., their heirs, executors and administrators, or any of them, shall well and truly, at all,times, indemnify and save harmless the said Y. Z., his heirs, executors and administratoi-s, from and against any and all actions, suits, damages, costs and expenses for or by reason thereof, then this obligation is to be void ; otherwise, to re- main in full force. A. B. [Seat] 0. D. [Seal] 436. The Same, Another Form; Requiring Recovery Against the Tenant, [The penal clause may be as in Form 432 or 433 to the *, thence continu- ing thus ;] Wheekas an action is now pending between the above-bounden A. B. and others touching the jjght, title, and interest to and in the [designating premises] now occupied by , situate, etc. ; and whereas the said Y. Z. has agreed to pay the rent of the said [house] to the said A. B. — to wit, the sum of , yearly, as the same shall grow due : Now the condition of the above obligation is such, that if the above-bounden A.B. and 0. D., their heirs, executors and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said Y. Z., his executors, administrators or assigns, all such 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(<) Y. Z., his heirs, executors, administrators or assigns, and all other costs and damages whatsoever which he or they shall incur(!t) by reason of any action, suit or forfeiture whatsoever which shall or may happen to the said Y. Z., his heirs, executors, administrators or assigns, by reason of paying the said rent, or any part thereof, to the said A. B., his heirs, executors, admiuistratol's or assigns, then this obligation is to he void ; otherwise, to remain in full force. [Signatwes and seals.] {t) A promise to indemnify against (u) This will not extend to costs !md» what one may be obliged to pay after due damages to which the obligee may bcooine proceedings at law had against him, and liable, but shall not have paid. Under an adjudged, inoludes^nma/aa« a judgment indemnity against " incurring" costs, pay- suffered by default, if done without collii- meut must be shown. Scott v. Tyler, 14 sion. Given ». Driggs, 1 Oai., i50; Stone Barb., 202. V. Hooker, 9 Oow., 154. BONDS. 209 Indemnity. 437. Bond to Indemnify Against Claim of Bower. [The penal dame may he as in Form 432 to the *, thence continuing thus :] Wherkas the above-bounden A. B., by indenture, under his hand and seal, bearing date the day of , 18 , has granted, bargained and sold unto the above-named Y. Z. \liere hriifly designate the premises], with the appurtenances, to hold the same to him, his heirs and assigns, forever, as by the said indentvu-e will more fully 'appear: Now the condition of the above obligation is such, that if the above-bounden A. B. and 0. D., their heirs, executors and administrators, or any of them, shall well and truly indemnify and save harmless the said Y. Z., his heirs, executors, ad- ministrators and assigns, from and against any and all dower or thirds which M. N., widow of N. N., shall or may claim in said premises or any part thereof, and from all actions and suits, whether groundless or other- wise, («) and all damages, costs and expenses by reason thereof, then this obligation is to be void ; otherwise, to remain in fall force. A. B. [Seai:\ 0. D. [Seal.\ 438. Bond to Indemnify On Faying a Lost Note or Bill. [If with surety, the peTial clause will he as in Form 432 ; if without, as in Form 402 to the *, and thence continue thus :] Wheebas a promissory note for dollars made by , or a bill of exchange drawn by , upon , bearing dfite at , the day of , and payable months after the date, to the order of , at [and indorsed by ], and which is now the property of the above-bounden A. B., has been lost [or, destroyed], and cannot now be produced by him ; and whereas at his request, and upon his promise to indemnify and save harmless the said Y. Z. in the premises, and to deliver up the said note, when found, to the said Y. Z., to be cancelled, the said Y. Z. has this day paid unto the said A. B. the sum of dollars, the receipt whereof the said A. B. doth hereby acknowledge, in full satisfaction and discharge of the said note : Now the cokdition of the above obliga- tion is such, that if the above-bounden A. B. and 0. D., their heirs, execu- tors and administrators, or' any of them, shall well and truly indemnify and save harmless the said Y'. Z., his executors and administrators, from and against the said note [or, bUl], any and all damages, costs, charges and expenses [and all actions or suits, whether groundless or otherwise(w)], by reason of said note [or, bill], and also deliver or cause to be delivered up the same, when and so soon as the same shall be found, to be cancelled, then this obligation is to be void ; otherwise, to remain in full force. A. B. [Seal] 0. D. [Seal] (.v) As to the necessity of these words, 840 ; Luddington ». Pnlver, 6 Wend., 404. compare Newburgh v. Ralatian, 4 Cow,, (w) These words are often uot inserted. 14 210 ABBOTTS' FORMS. Bonds of Indemnity. 439. Bond to- Ijidemnify On Paying a Lost Bond. [If with surety, the penal clause will ie as in Form 432 ; if without, as in Form 402 to the *, and thence continue thus:] Whereas the above-named Y. Z.. by Ms bond or obligation under seal, bearing date on or about the day of i 18 , became bound to the above-bounden A. B., in the penal sum of dollars, conditioned for the payment of the sum of dollars, unto the said A. B., his executors, administrators or assigns, on the day of ,18 [stating it accord- ing to the condition of the lost })07id\, as by the said bond, when produced, will more fuUy appear ; and whereas the said bond is alleged to be lost, so that the same cannot be found ; and whereas the said , at the request of the said 0. D., and on his promise of indemnity, has made him fall satisfaction of and for the said bond : Now the oonditioit of this obliga- tion is such, that if the above-bounden A. B., his heirs, executors or administrators, or any of them, shall, in case the said bond or obligation be found, or come to the hands or power of the said A. B., his heirs, executors or administrators, or any of them, or to the hands, custody, or power of any other person, deliver or cause the same to be delivered unto the said Y. Z., his executors or administrators, in order to be cancelled, and also shall and at all times indemnify and save harmless the said Y. Z., his heirs, executors and administrators, from and against any and all suits, actions, damages, costs, charges and expenses by reason of said bond, or any of the money so paid," then this obligation is to be void; otherwise, to remain in fall force. A. B. .[Seal^ C. D. [Seal.] 440. Bond to Indemnify a Surety in a Bond for Payment of Money. [If with surety, the penal clause will he as in Form 432 ; if without, as in Form 402 to the *, and thence continue thus .•] Whereas the above-named Y. Z., at the special instance and request of the above-bounden A. B., and for his debt, together with and as well as he, the said A. B., is held and firmly bound unto a certain M. N., of , in and by an obligation bearing even date herewith, in the penalty of dollars, lawful money, as aforesaid, conditioned for the true payment of [here recite the condition of the previous honS] : Now the ookdition of the above obligation is such, that if the above-bounden A. B. and his heirs, executors and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said M. N., his executors, administrar tors, or assigns, the said sum of dollars, with interest thereon at the rate of per cent, per annum, as aforesaid, on the day of , [or, if the bomi is made payable at several times, say, at the several times limited in the said recited condition], according to the true intent and meaning of said condition, and in fuU discharge and satisfaction of said obligation, and shall indemnify and save harmless the said Y. Z., his heirs, executors and administrators, from and against any. and all suits, actipns. BONDS. 211 Indemnity. damages, costs, charges, and expenses, by reason of said recited obligation, then this obligation is to be void ; otherwise, to remain in full force. A. B. \3eal.] 0. D. [Seal] 441. I'he Same; To a Surety in a Bond for Performance of Covenants. [If with surety, the penal clause will he as in Form 432 ; if without, a^ in Form 402 to the *, and thence continue thus ;] "Whereas the above-named T. Z., at the special instance and request of the above bounden A. B., and for his debt, together with and as well as he, the said A. B., is held and firmly bound unto a certain M. N"., of , in and by an obligation beaiing even date herewith, in the penalty of doUai's. lawful money, as aforesaid, conditioned for [here recite the condition of the previous bond] : Now the oonditioh" of the above obligation is such, tliat if the above-bounden A. B. and his heirs, executors and adminis- trators, or any of them, shall well and truly perform the condition of the said recited bond, according to the true intent and meaning thereof, and shall indemnify and save harmless the said Y. Z., his heirs, executois and administrators, from and against any and all actions, suits, damages, costs, chai-ges and expenses, by reason of said recited obligation, then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal] C. D. [Seal] 442. Bond to Indemnify a Receiptor, to the Sheriff.{x) [Penal clause as in preceding forms.] Whekbas, M. F., sheriff of the county of , has levied on [here designate the goods], property of the above-bounden A. B., by virtue of an attachment [or, execution] against said A. B., issued out of the court, and has delivered the same to the said A. B., upon the said Y. Z. giving, at the request of said A. B., a receipt or obligation dated the day of , and conditioned [reciting the condition] : Now the oonditioit of the above obligation is such, that if the above-bounden A. B. and 0. D., their heirs, executors and administrators, or any of them, shall well and truly indemnify and save harmless the said Y. Z., his heirs, executors and administrators, from the giving of said receipt or obligation to said sheriff then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal] 0. D. [Seal] V. Official Bonds, The conditions of official bonds are usually prescribed by the law which exacts them, and the form should follow the statute. For that reason but one full form is given here. The penal clause of an official bond may be drawn, ia all cases, similarly to that given below, unless the statute otherwise directs. (x) This form is sustained by Otis «. oeiptor's property in a suit against him as Blalce, 6 Masa., 836. A levy on tlie re- such, is a breach of the bond. 212 ABBOTTS' FORMS. Bonds of Officers. 443. General Term. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of , and 0. D., of the same place, merchant, and E. F., of the city of , and county of , farmer, are held and firmly bound nnto the People of the State of {or, the Com- monwealth of- , or designating officers prescribed hy law], in the sum of dollars \inserting the penal surri], good and lawful money ot the United States, to be paid to the said People of the State of [or, Commonwealth of , or, said, designating officers, and their successors], for which payment, well and truly to he made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals ; dated this day of , 18 . Wheeeas the above bounden A. B. has been appointed [or, elected to the office of [giving the title of the office at full length"]. Now the condi- tion of the above obligation is such, that if the said A. B. shall [followijig the language of the statute which prescribes the form of the condition], then the above obligation is to be void ; otherwise, to remain in full force. Signed and sealed in j A. B. [Seal.'\ presence of > C. D. [Seal.] M. N. ) «■ E. F. [Seal] 444. Bond of Sheriff.(y) Know all men by these presents, that we, A. B., of the town of , in the county of , and State of New York, lately elected [or, appointed] sheriff of the said county, and A. B., of , in the county of , merchant, and C. D., o^ etc., are held and firmly bound unto the People of the State of New York, in the penal sum of ten thousand dollars [or, in the city and county of New YorTc, twenty thousand dollars], good and lawful money of the United States, to be paid to the said People, for which pay- ment, well and truly to be made, we do bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our' seals ; dated this day of ,18 . Wheeeas, the above-bounden A.. B. hath been elected to the office of sheriff of , at the general election [or, at a special election], held therein, on the day of : Now, theeefore, the condition of the above obligation is such, that if the said A. B. shall well and faithfully, in all things, perform the duties and execute the offlcg of sheriff of the said county of during his continuance in the said office, by virtue of the said election, (z) without fraud, deceit or oppression, then the above obliga- tion to be void ; else, to remain in full force. A. B. [Seal] In the presence of C. D. [Seal] [Signature of Witness.] E. F. [Seal.] (y) This is aeoording to the law of New fnlly discharge the duties of his office, but Vorlt. specifying no time, is to be intended for (s) A bond that an officer shall faith- his then existing term of office, and does BOUNTY LANDS. 213 In what Cases Granted. 445. Affidavit of the Sufficiency of Sureties, to he Indorsed On the Foregoing Bond. OOUNTT OF , ss. 0. D. and E. F. [or, 0. D., one of] the sureties named In the within bond, being duly [severally] sworn, says [each for himself], that he is a free- holder within the State of New York, and worth the sum of thousand dollars, over and above all debts whatsoever owing by him. Subscribed in my presence j [Signatures of Sureties.] and sworn before me, > this day of , 18 . j M. N., Olerk of the County of 446. ClerKs Certificate of Approval of Sureties. 1, M. N., olerk of the county of , do hereby certify, that I have examined the competency and do approve of the sureties, 0. D. and E. F., in the within bond. [Signature^ [Date.'l CHAPTER XYIII. BOUNTY LANDS. Under the acts of Congress granting Bounty Lands,(a) each of the follow- ing persons is entitled to bounty land to the amount of l60 acres (including what he may have previously received), provided he served a period not less than 14 days. Commissioned and non-comnxissioned oflScers, musicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States in any of the wars in which this country was engaged between the year 1790 and March 3, 1855. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotilla men, marines, clerks, and landsmen in the navy in any of said wars. Militia, volunteers, and State troops of any State or Territory called into mil- itary service, and regularly mustered therein, and whose services have been paid by the United States. Wagon-masters and teamsters who have been employed, under the direction of competent authority, in time of war, in the transportation of military stores and supplies. Officers and soldiers of the Revolutionary War, and marines, seamen, and other persons in the naval service of the United States during that war. not continue for another term to which People ». Brush, 6 Wend,.,i:bi; Bartlettti. he is subsequently chosen. Bigelow v. Governor, 2 Sibb., 586. Bridge, 8 Mass., 275. Nor does it con- (a) These Acts are : Act of Feb. 11, tinue for the time during which he holds 1847, 9 Stat, at L., 125 ; Act of Sept. 28 over until another is chosen. Mayor «i. 1850, lb., 520; Act of Marcli 22, 1852, 10 Horn, 2 Earring., 190. But it does ex- /*., 8 ; Act of March 8, 1855, Jb., 701 ; Act tend to duties imposed upon the officer of May U, 1856, 11 U., 8 ; Act of June 8, by law, subsequent 1 "> giving the bond. 1868, lb., 808. 314 ABBOTTS' FOKMS. Bounty Land Claims. Chaplains wto served with the army in the several wars of this country. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not. Each of the following is entitled to the same, without regard to the length of service, provided he was regularly mustered into service : OflBcers S.nd soldiers who have actually been in battle in any of the wars in which this country was engaged prior to March 8, 1855. Those volunteers who served at the invasion of Plattsburgh, in September,1814. The volunteers who served at the battle of Kings Mountain, in the Eevolu- tiouary War. The volunteers who served at the battle of Nifckojack against the confeder- ated savages of the South. The volunteers who served at the attack on Lewiston, in Delaware, by the British fleet, in the war of 1812. Where the service has been rendered by a substitute, he is the person en- titled to the benefit of these acts, and not his employer. In the event of the dea;th of any person who, if living, would be entitled to a certificate or warrant as aforesaid, leaving a widow, or, if no widow, a minor child or children, such widow, or children, is entitled to the same. . A subsequent marriage will not impair the right of any such widow, if she be a widow at the time of her application. Persons within the age (rf twenty- one years on the 3d day of March, 1855, are deemed minors witMn the mean- ing of the acts. To obtain the benefits of these acts, the claimant must make a declaration, under oath, substantially according to the forms hereto annexed. The signature of the applicant must be attested, and his or her personal identity established, by the affidavits of two witnesses, whose residence must be given, and whose credibility must be sustained by the certificate of the ma- gistrate before whom the application is verified. All papers necessary to be verified by oath must be sworn to before, and cer- tified pnd authenticated by, proper public officers who have no interest in the result of the case, and are not (Joncerned in its prosecution ; and every such public officer must set forth in his certificate that he is not so interested or concerned. The official character and signature of the magistrate administering the oath (unless he is a notary, whose commission or a certified copy thereof with proof of his signature, is on file in the Pension Office), must be certified by the clerk of the proper court of record of his county, under the seal of the court. Whenever the certificate of the officer who authenticates the signature of the magistrate is not written on the same sheet of paper which contains the sig- nature to be authenticated, the certificate must be attached to such paper by a piece of tape or ribbon, the ends of which must pass under the official seal so as to prevent any paper from being improperly attached to the certificate. To all official certificates by a notary public, of whose appointment general proof has been filed, as above suggested, should be added a brief 1-eference to such proof on file, so as to insure against its being overlooked. AH api^lications in behalf of minors must be made in their names, by their guardian, or next friend. Where there are several minors entii,led to the same gratuity, one may make the declaration. In addition to proof of service, as in other cases, applications by minors must be supported by satisfactory proof of their being the lawful Children of the soldier, on account of whose services their claim is made ; of his death ; of there being no widow surviving at the time of making the appli- cation ; of their ages ; and that they are the only surviving children of the deceased soldier who were under the age of twenty-one years on the 3d day of March, 1855. General reputation among those acquainted with the femily, vrithout any question of being the lawful children of the deceased soldier, will • be received as evidence of their being such. Proof of the death of the soldier must be made, as in cases of applications by widows— see note (d) below. If BOUNTY LANDS. 215 How Applied for. there is any public record of the births of the cliildren, a certificate of the same, properly authenticated, must be furnished. If there be -none -such, but a private or family record, it must be forwarded to the Office at Washington tor inspection, with proof of its authenticity. It -will be duly returned to the parties, if desired. But if no public or private record of the births exists or can be procured, that fact must be shown by proper affidavit, and then other evidence will be received. Witnesses to prove the ages must state particularly their means of knowledge concerning th"e date of birth, and how they now fix the date. To avoid mistakes, the names and ages of all the surviving children of the deceased soldier should be shown by proper prooi, so that the officer may determine who of them are entitled to the land. Applications made by Indians must be authenticated according to the regulations to be prescribed by the Commissioners of Indian Affairs. If record evidence of the service, on account of which a claim is. made, exists, it must be produced. But if there be none, parol evidence will be received instead. In such cases, the positive testimony of at least two witnesses who were in the same service, or in a situation to know the facts about which they testily, will be required to establish the service alleged. And the witnesses, in their affidavits, must state particularly the facts and circumstances of the ser- vice claimed, and their means of knowledge concerning the same. In every case documentary evidence of the service of the company to which the applicant claims to have belonged, will be required. In no case will parol evidence be admitted to vary or discredit the length of any service shown by the rolls. When claim is made for any allowance on account of mileage not shown by the rolls, a declaration must be made stating the place where the company or corps in which service is alleged was organ- ized — where it. was mustered into the service of the United States — the distance between those two places — and by whose order the march was made. Also, the place where it was discharged from service, and the distance from thence to the place where it was organized. This statement must be supported by testimony of witnesses, or other proper proof. In all claims under these acts reference may be made to any evidence on file in the office at Washington ; but in all such references, care must be taken to give a particular description of the case in wMch such evidence is. Agents must, in all cases, have proper authority ii-om the claimants in whose behalf they appear. No power of attorney will be recognized as sufficient, unless signed in the presence of two witnesses, and acluiowledged before a duly quali- fied officer, whose authority is certified under seal. All additional evidence should be distinctly noted as such, with a particular description of the claim to which it relates. In all correspondence with the Pension Office, in reference to claims for bounty land, parties should state the name of the applicant, the number of the application, and the act imder which it was made. PAGK 447. Application for bounty land by one who has never applied before 215 448. Oath to identity 216 449. Magistrate's certificate 218 460. Certificate of official character and signature 217 451. Application for a second warrant , 217 452. Application by the widow of a deceased person who has not had a warrant. 217 453. Application by widow for a second warrant 21S 447. Application for Bounty Land by One Who Has Never Applied Before. State of , ) County of . J On this day of , a. d. one thousand eight hundred and , personally appeared before me, a justice of the peace [or -other officer authorized to administer oatJis for general purposes}, within and for the 216 ABBOTTS' FORMS. Application for Bounty Lands. county and State aforesaid, A. B., aged years, a resident of in the State of , who being duly sworn according to law, declares that * he is the identical A. B. * who was a in the company com- manded by Captain M. IT., in the Eegiment of [here designate the State, or, if in the regular army, say, United States] infantry [or, cavalry], commanded by O. P., in the war with Great Britain, declared by the United States, on the 18th day of June, 1812 [or designate other war specified in the statute], that he enlisted [or, volunteered, or, was drafted] at , on or about the day of , a. d. , for the term of , and con- tinued in actual service in said war for the term of fourteen days, and was honorably discharged at , on the day of , a. d. . [If discharged hy reason of disability incurred in the service, add, by reason of a wound [here designate it fully], which he received [or, a disease, desig- nating it fully, which he contracted] on the day of ' , 18 , at , in the State of , while in the service aforesaid, and in the line of his duty.] t (*) He makes this declaration for the purpose of ob- taining the bounty land to which he may be entitled under the act approved March 3, 1855. He also declares that he has not received a warrstnt for bounty land under this or any other act of Congress, nor made any other application therefor. § [Signature of the claimant.] 448. Oath to Identity.(a) Wb, Q. R. and S. T., residents of , in the State of , upon our oaths, declare that the foregoing declaration was signed and acknowledged by A. B., in our presence, and that we know personally [or, we believe, from the appearance and statements of the applicant, setting forth any further grounds of belief the witnesses may have] that he is the identical person he represents himself to be. [Signatures of witnesses!] 449. Magistrate's Certificate.(c) The foregoing declaration and affidavit were sworn to and subscribed be- fore me on the day and year above written ; and I certify that I know the (S) If he was discharged while in cap- The above forms are the proper ones, tivity, state the facts. where the identity of the applicant ia (c) The best evidence of identity ia the within the personal knowledge of tiie affidavits of the witnesses, or the certifi- magistrate. eates of the magistrates to the same, as a Tlie certificate can be varied according to matter within their personal knowledge, the circumstances, as there indicated. No Statements of belief merely will not be certificate will be deemed sufficient in any Buffioient. If, however, the witnesses or case, unless the facts are certified to be magistrate cannot state from personal within the personal knowledge of the knowledge, statements of belief, with the magistrate or other officer, who shall sign grounds of such belief, will be received, the certificate, or the names and places of If from acquaintance, the particulars of residence of the witnesses by whom the the acquaintance should be stated, so that facts are established be given, and their It may be seen how far they warrant the affidavits, properly authenticated, be ap- ■lelief slated. So if from other grounds, pended to the certificate. BOUNTY LANDS. 217 Application for Second Wttrrant. affiants to be credible persons; that the claimant is the person he repre- sents himself to be [or, that I believe, from the appearance and statements of the claimant, and from the facts that, here set forth the grounds of belief, tliat he is the person he represents himself to be], and that I have no in- terest, direct or indirect, in the prosecution of this claim. [Signature of magistrate.'] 450. Certificate of Official Gharaeter and Signature. State of , \ ^^^ County of . ) I, 0. P., clerk of the Court, a court of record of said county, do hereby certify that M. N., the person subscribing the foregoing certificate and afiBdavit, and before whom the same was made, was, on the day of , 18 , therein mentioned, a notary public [or other officer} in and for said county, duly authorized to administer oaths and affirmations for general purposes, and that I am well acquainted with the handvrriting of the said M. N., and verily believe that the name of M. N., subscribed to the said certificate, is his proper and genuine signature. In testimony whereof, I have hereunto set * [Seal my hand, and affixed the seal of of said court, this day of court] 18 . O. P., Clerk of Court. 451. Application for a Second Warrant. [As in Form 447, to tJiei, thence continuing thus:] And that he has heretofore made application for bounty land under the act of September 28, 1850 [or other act, as the ease may 5«], and received a land-warrant. No. , for acres. He makes this declaration for the purpose of obtaining the additional bounty land to which he may be entitled under the act approved the 3d day of March, 1855. He also declares that he has never applied for nor re- ceived, under this or any other act of Congress, any bountyjand-warrant except the one above mentioned. [Signature of the claimant^ [Add affidavit to identity omd attestation iy magistrate, as in Forms 448 and 449.] 452. Application by Widow of a Deceased Person Who Has Not Had a Land Warrant.{d) [As in Form 447, inserting in lieu of the words between the * * the follow- ing :] She is the widow of 0. B., deceased [and in lieu of the words- between (d) Applications by widows must be marriage of the claimant, to the soldier on supported by satisfactory proof of the account of whose services her claim is 218 ABBOTTS' FORMS. Widow's Applioalion for Bounty Land. the t and the § the following ;] She further states that she was married to the said in , on the day of , a. d. , by one , a , and that her name before her said marriage was ; that her said husband died at , on the day of , a. d. , and that she is now a widow. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the " Act approved March 3, 1855." {Signature of claimant.] 453. Application by Widow for A Second Warrant.{e) [As in Form 4A1, inserting in lieu ofthewords between the * * the follow- ing .•] she is the widow of 0. B., deceased [and in lieu of the words between the * and the § the following /] She further states that she was married to the said in , on the day of , a. d. , by one , a , and that her name before her said marriage was ; that her said husband died at , on the day of , a. d. , and that she is now a widow. She further declares that she has heretofore made application for bounty land under the act approved September 28, 1850 [or other act, as the case may 5«], and obtained a land-warrant for acres, No. , which she has legally disposed of, and it cannot now he returned. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act approved March 3, 1855. [Signature of claimant,'] made; of his deatli; and that the claim- married was never called in question by ant, at the time of making her application, their acquaintances. In no case will 'tlie •was a widow— ». e., unmarried. .If the mere statement of the witnesses thnt the marriage was in any State or county where claimant is the widow of the deceased, be any public records of marriages are liept, talcen as evidence of the marriage ; but it should be proved by a duly certified the witnesses must state the facts and cir- copy of the record; or, if there is no such cumstances from ■whicli they derive their record, by the testimony of credible wit- knowledge or opinion that she is the nesses who' were present at the marriage ; widow of the deceased, and where such testimony exists and is Witnesses to prove the death of the not produced,* satisfactory reasons must soldier must state their means of Icnow- be stated, under oath, why it is ilot pro- ledge concerning it, and, as nearly as they duced. If it is showA by affidavit that no can, the time and place of its occurrence, record, pvidenee, or testimony of eye- The evidence to prove the existing widow- witnesses can be procured, the claimant hood of the claimant must be direct ; and may then produce the best other evidence the statement of witnesses that the claim- in her power ; such as the testimony of ant is the party she represents herself to witnesses who were acquainted with her be, will not be received as satisfactory and her husband during his lifetime, proof of widowhood, knew them to live together as man and (e) If there be no evidence of marriage ■wiie, and that they were reputed 60 to be, on file with the previous application, it and that the fact of their having been must be proved as in the preceding note. CERTIFICATES. 219 Copies of Kecords, etc. CHAPTEE XIX. OEETIFIOATES. PAax 454. Certificate to copy of paper on file 219 455. Certificate to copy of record 219 4^6. Certificate of ofiioial character 219 454. Certificate to Copy of Paper on File. State of , County of , ) Clerk's Office, , 18 . \ ' I do hereby certify that I have compared the foregoing copy of a [nam- ing the instrument], [and of the Indorsements thereupon], with the originals now remaining on file in this office, and that the same are correct transcripts therefrom, and of the whole of said oiiginals. In testimony whereof, I have hereunto set my hand and [PJfficial affixed my official seal, this day of , in the year aeal^ one thousand eight hundred and [Signature and title of officer.] 455. Certificate to Copy of Record,. State op New Toek, ) Secretary's Office. ) I hate compared the preceding with a certain indenture recorded in this office, in Book of Deeds, No. , page , etc., and do certify that the same is a correct transcript therefrom and of the whole of said indenture. [Here note any alterations in the manuscript, if any there he — e. g., thus : one line interlined at the top of page 2, before making this certificate.] In testimony whereof, I have hereunto affixed the seal ol [Official this office, at the city of , the day of , in seal.] the year one thousand eight hundred and [Signature and title of officer.] State of County of 456. Certificate of Official Character. ' Iss. I, M. N., clerk of the said county, do hereby certify that 0. P., the person subscribing the foregoing [here designate the instrument], and before whom the same was taken, was, on the day of i 18 , therein mentioned, a judge of the Court of , a court of record of the said county of [or other officer, as the case may be], and that I am well acquainted with the 220 ABBOTTS' TOEMS. Charter Pnrties. handwriting of the said O. P., and verily believe that his name suhscribed to the said certificate is his proper and genuine signature. [Attestation, signature, etc., as in preceding /orm.} [For a form of certificate of official cha/racter, including the due execution of the instrument according to the laws of the place, see chapter on AoKCfcw- raDGMENTB, Forms 53 and 141.] CHAPTEE XX. CHARTER PARTIES. A cha/rter pa/rty is a contract of affreightment in writing, by which the owner of a ship or other vessel lets the whole; or a part of her, to a merchant or other person, for the conveyance of goods, for a particular voyage, or period of time, in consideration of the payment of freight. The instrument ought to contain : 1. The name and tonnage of the vessel. 2. The name of the cap- tain. 3. The names of the letter to freight and the freighter. 4. The place and time agreed upon "for the loading and discharge. 5. The price of the freight. 6. The demurrage or indemnity in case of delay. 7. Such other con- ditions as the parties may agree upon.(fli) Important differences in reference to the rights and liabilities of the parties, not only as between themselves, but as respects consignors and consignees, and persons furnishing supplies and repairs, depend upon the question whether the charter party reserves to the owner the right of possession and of control, or divests him of it, and gives it to the freighter, so as to make the latter the owner pro hoc vice. In the absence of express words on this point, it is to be determined as a question of construction upon the whole instrument, whether the owner intended to part with possession .(6) Where the owner of a vessel charters her for a voyage, equips her himself, hiring and paying the crew, and furnishing them with provisions, and reserv- ing room for them and the provisions, the hirer is not owner of the vessel pro hoc vice, but the original ownership continues. Where, by the terms of the char- ter, the ship-owner appoints the master and mariners, and retains the manage-' ment and control of the vessel, the charter is rather to be considered as a cov- enant to carry goods. Where, however, the whole management is given over to the freighter, it is more properly a hiring of the vessel for the voyage ; and in such case the hirer is deemed owner pro Tiac mce.ifi) 457. Charter party reserving possession to the owner 221 458. Charter party giving possession to the hirer 223 (a) Abbott on Shipping, Part iii., oh. 1. Granch, 89 ; Mclntyre v. Bowne, 1 Johni. (b) Clarlcson v. Edes, 4 Gow., 470. 229 ; 1825, Clarkson v. Edes, 4 Gow., 470 (c) Macardierffl Chesapeake Ins. Co., 8 Williams i>. Johnson, 11 ^acJ., 501. CHARTER PARTIES., 221 Common Form. 457^ Charter Party Eeserving Ponaession to the Owner. This ohaeter paett, made the day of , in the year one thou- sand eight hundred and , between A. B., master and part owner [»?■, agent for the owners, or otherwise, as the fact may he] of the ship [or other vessel, naming HI, of , of which is master, of the burden of tons or there.about9,((i) register measurement, now lying in the harbor of , of the first part, and Y. Z., of , in the State of , merchant, of the second part, witnesseth : that the said party of the first part-, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, does covenant and agree on the freighting and chartering of the said vessel unto the said party of the second part, for a voyage from [here describe the voyage — e. g., thus :] the port of M. to N., and return to M., and on the terms following — that is to say : 1. The said party of the first part engages that the said vessel, in and during the said voyage, shall be kept tight, staunch, well-fitted, tackled, and provided with every requisite, and with men and provisions necessary for such a voyage. 2. The said party of the first part further engages that the whole of the said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew, and the stowage of the sails, cables, and provisions)(e) shall be at the sole use and disposal of the said party of the second part during the voyage aforesaid ; and that no goods or merchandise whatever shall be laden on board, otherwise than from the said pai-ty of the second part, or his agent, without his consent, on pain of forfeiture of the amount of freight agreed upon for the same.(/) 3. The said party of the first part further engages to take and receive on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said party of the second part, or his agents, may think proper to ship [under and on deck]. (d) Describing the vessel in the charter sable, but that the officers and crew are to party as of the burden of a specified uum- be accommodated in the mode adapted or ber of tons, or thereabouts, is a descrip- fitted to their station, the character of the tion and not a warranty ; and if it is not vessel and the nature of the voyage being fraudulently inserted, and does not entrap taken into consideration. Almgreii v. the charterer into the bargain, it will not Dutilh, 5 N. Y. (1 Seld.), 28. vitiate the contract, although the vessel (/) Where the charter party contains be of considerably less burden, and al- such provisions as the two foregoing, though shipments could not be so readily -which are in the usual form, and the obtaintd, or insurance upon cargo so owners appoint the master, they are readily effected in a vessel of such size, deemed to continue in possession, and as in one of the size stated in the charter may have a lien for their charter money party. Ashburner v. Balohen, 1 N. T. {Z upon all merohandi.se. Holmes v. l^aven- Udd.), 262. Btedt, 5 Sand/., 97, and oases cited ; Mc- («) Such a provision as this contem- Taggart a. Henry, 8 E. D. Smith, 390 • plates not merely accommodations abso- Williams ». Johnson, 11 Jiarb., 501. lutely neoesiiary and literally indispen- 222 ABBOTTS' FORMS. Common Form of Charter Party. 4. And the party of the first part agrees to proceed with all dispatch from M. direct to N., and return to M., and there discharge the cargo aforesaid. , [Sere may he inserted any special stipulations which may be agreed as to the use of the vessel — e. g., the following:'] The party of the second part is to have the use of the cabin for passengers, and to carry, if desired, steer- age passengers on the between-deok, and to provide for the same himself. [Or thus: It is further agreed, that the vessel takes one passenger, free of expense, he furnishing aU his extra stores, etc. It is also further agreed, that the vessel takes out, on deck, eight to ten horses, the party of the second part fitting up stalls, and furnishing every thing necessary for their accommodation.] ' And the said party of the second part, for and in consideration of the covenants and agreements to he kept and performed by the said party of the first part, covenants and agrees, with the said party of the first part, to charter and hire the said vessel as aforesaid, on the terms following — tliat is to say : 1. The said party of the second part engages to provide and furnish to tlie said vessel a fuU cargo of lawful merchandise, or at least suflBciect for ballast. 2, The said party of the second part further engages to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel during the voyage aforesaid, in manner following — that Is to say ; [here set forth the terms agreed on — e. g., thus :] dollars, payable upon delivery of her cargo at M. The party of the first part is to pay all the expenses of the vessel, including port charges and stevedore bills. [Or thus: dollars per calendar month, and so in proportion for a less time, so long as the said vessel shall be continued in the aforesaid ser- vice, such payment to be made in the manner following — that is to say : Charter payable upon termination of the voyage, except so much as the captain may require for his disbursements in foreign ports, which is to be advanced on account of this charter, free of commissions. And the said party of the second part further engages to pay all the foreign port charges on the vessel during the aforesaid voyage, including lighterage, pilotage, and consuls' fees.] It is further agreed between the parties to this instrument, that the said party of the second part shall be allowed for the loading and discharging of the vessel at the respective ports aforesaid, lay days as follows — that is to say: dispatch loading and discharging at the port of , and [running(g')] days at the port of ; and in case the vessel is detained, the said party of the second part agrees to pay to the said party of the first part, demurrage at the rate of dollars per day, day by day, for every day so detained, provided such detention shall happen by default of the said party of the second part, or his agent. (g) A provision for "running days" is, accident does not excuse him. Field* in efl'eot, a positive stipalatiou by the Cliase, Sill & D. Svpp., 50; S. C, freigliter that lie vrill load and unload j}f. T. Leg. Obs., 8. within the time mentioned. An inevitable CHARTER PARTIES. 223 Charter Party making Hirer tlie Owner for the Voyage. ■ • ' • It is also further understood and agreed, that the cargo or cargoes shall be received and delivered alongside of the vessel, within reach of her tackles, or according to the customs and usages at the ports of loading and discharging. It is also further understood and agreed, that this charter shall com- menc6(/i) when the vessel is ready to receive cargo at her place of loading, and notice thereof is given to the party of the second part, or to his agent [and terminate on the return of the vessel and the discharge of her cargo at the last port of delivery]. It is also further understood and agreed, that the risks and responsibil- ities assumed by the party of the first part are solely and only those of his neglects or omissions, and of that of his servants. And that all and every other of the risks, hazards and contingencies of the elements and naviga- tion, of all and every class, character and description, are assumed and to be borne by the party of the second part.(i) [Here any special stipulations may te inserted, such as the following :] It is understood that the vessel is to carry out to N., tons measure- ment of assorted cargo, or more if she can, provided that she is not in any case to draw over feet of water, and to bring back hogsheads of sugar, or its equivalent, or more if she can, provided that she is not in any case to draw more than feet of water. To the true pex-formance of all and every of the foregoing covenants and agreements, the said parties, each to the other, do hereby bind themselves, their heirs, executors, administrators and assigns (especially the said party of the first part the said vessel, her freight, tackle and appurtenances ; and the said party of the second part, the merchandise to be laden on board), gach to the other in the penal sum of dollars. In witness whereof, the said parties have hereunto interchangeably set their hands and seals, the day and year above written. Signed, sealed, and delivered j [Signatures and seals.] in the presence of ) [Signatures of witnesses.'] 458. Charter Forty Giving Possession to the Hirer. These abtioles of ageeement made and entered into this day of , A. D. 18 , by and between A. B., of , of the one part, Y. Z., of the city of , of the other part, witnesseth : the said party of the first part has this day chartered and hired unto the said party of the second part the steamboat , of [designating her port], and of the burden of tons, or thereabouts, with all the appurtenances, cables, anchors, chains, etc., which belong to said steamboat, for the term of months, from the day of , to be delivered at the port of (A) If tlie charter party fixes a day for the clear intent of the parties. Weisser the vessel to be in readiness, it may be -v. Maitland, 8 Sand/., 818. regarded as a condition precedent, if upon (i) As to such u clause, see note (J), the. whole instrument such appears to be infra. 224- ABBOTTS' FOEMS. Chattel Mortgages But in case the said A. B. shall deliver the said boat at any time before said day, the said term shall take date from the tiine of delivery. For the use of said steamboat, said Y. Z. agrees and binds himself to pay to the said A. B dollars, the payment.s to be made as foUows : dollars on the delivery of said boat ; dollars on the day of , and dollars at the expiration of said months. And it is farther understood, that the said Y. Z. shall Ise at all the .expense of manning and furnishing said boat for the time above stated, and shall return the same to the said A. B. at the port of , in as good condition as it now is, with the exception of the ordinary use and wear;(j) and if the said Y. Z. shall at any time refuse to fulfil on his part, the said A. B. shall have the right to take possession of the said boat wherever the same be found. In witness [etc., aa in preceding form}. CHAPTEE XXI. CHATTEL MORTGAGES. A chattel mortgage is a transfer of the title to chattels, with or without pos- session, as security for a debt or liability, and upon condition that the transfer shall be void if the debt or liability be paid or discharged. If the debt is not paid at the time appointed, the mortgagee becomes absolute owner, and has a right to take the chattels Hito liis own possession if they are not in his possession already, and his creditors have likewise a right to levy on the chattels as his property. But the mortgagor has a right to redeem them from the mortgagee, and this right the mortgagee can only cut off by a sale, applying the proceeds to payment of the debt.(a). But he is not bound to sell, unless the mortgage requires him to do so ; he may keep the goods, as owner, subject only to the mortgagee's right to redeem.(6) And if they are of sufScient value to pay the debt, his so doing may be regarded as payment.(c) Description of debt and of cJiattels.—The true amount of the indebtedness or liability to be secured, should be stated in a chattel mortgage ; and the goods should be described with sufficient precision to identify them. The goods may be described in a schedule annexed and referred to in the mortgage, and such a schedule is regarded as a part of the mortgage, and both papers are construed together.((i) The goods may be designated in general terms in the mortgage, and an intention to make and annex a schedule subsequently may (j) Under suob a provision as this, tlie ity of the oliarterer. Amos v. Belden, 17 hirer of the vessel is not liable as an in- Barb., 513. surer agjinst the perils of the sea or risks (a) 2 IStory^s Eq. J., 1030; 4 Eenfa of navigation ; and is not answerable for Com., 188. In some States, the time for the loss of the boat in a violent storm, redeeming after default is limited by during the continuance of the charter, statute. without his fault. The clause expresses (*) Charter v. Stevens, 8 Den., 83 ; simply what the law would have implied Burdick «. McVanner, 2 lb., 170. from the nature of the contract, and there- («) Case i). Bougliton, 11 Wend., 106. fore does not vary the oommon-law liabil- [dj Edgell v. Hart, 9 N. T. (5 Held.), aiS. CHATTEL MORTGAGES. 225 General Principles. bo expressed. If the schedule contain the only designation of the goods, it is essen tial that it be so annexed, or the instrument is not complete or effeotual.(«) But if the goods are designated, and an intention to annex a schedule is expressed, the omission to fulfil the intention is not necessarily fatal, although it may be a suspicious circumstance indicating fraud as against other credit.ors.(/) A chattel mortgage cannot be made effectually to cover property not in ex- istence or which the mortgagor may afterwards acquire, so as to secure it against his other creditors.(j') It may be made to secure future advances as well as existing indebtedness, if the intent is expressed in the instrument ;(A) and it will be effectual to the extent of such advances as are actually made in good faith, before any other creditor or purchaser acquires a lien or title to the property. Possession. — It has long been a disputed question whether, to constitute a valid mortgage as against other creditors, the mortgagee must take possession of the goods at the time of receiving the mortgage. The rule now generally accepted is, that if the goods, at the time of the mortgage, are in the possession or under the control of the mortgagor, there must be an immediate and con- tinued change of possession ; otherwise the transaction vrill be presumed to be fraudulent as against his creditors or subsequent purchasers in good faith ; and the mortgagee or those claiming under him, must, in order to sustain the mortgage, prove affirmatively that it was made in good faith and vrithout any intent to defraud. (4) If the mortgage contains no clause as to the right of possession, the mortga^ gee Is entitled, by virtue of the title it vests in him, to take immediate posses- sion without any default on the part of the mortgagor.(j') Therefore, where the mortgagor is to retain possession until default, as may safely "be allowed if good faith can be proved, it is usual to insert a clause securing to him the right to do so. This should be in express terms : a clause authorizing the mortgagee to take possession, in certain circumstances, is not regarded as im^ pliedly excluding his right to do so in other circumstance3.(A) But the mortgagor cannot reserve power to sell the property, unless it be stipulated that he is to apply the proceeds in payment of the mortgage ; for to reserve the right to sell for his own benefit would be to attempt to create a trust for" his own benefit, contrary to the statute of fraudulent conveyances.(Z) So, where the mortgage is of a stock of goods in a store, if any such reservation is inserted, the mortgagor should be required by it to sell for cash, and apply the proceeds in payment of the debt. For the same reason, if the mortgage of a stock of goods in a store is expressed to include all others which may be brought in to replace goods sold, tliis implied power to sell should be accom- panied by the same restrictions.(m) Danger clai/se. — Where a clause giving the mortgagee the right to retain possession until default, is inserted, it is usual to add a qualification, that if the goods should be removed or disposed of, or a removal or disposal attempted, or if for other reasons the mortgagee's security should become inadequate, he may thereupon take possession. This is teirmed the danger clause. Demamd. — If a chattel mortgage specifies no time of payment, and does not expressly require a demand, demand is not necessary.(»i) If it is payable on demand, a demand, though necessary to put the mortgagor in default, is not («) Moir J), Brown, 14 5orJ., 89. {j) Mattison ». Banous, 5 N. Y. (I (/) Keyes v. Brush, 2 Bzige, 311 ; Van Comtt.), 295. Heusen «. Eadcliff, 17 iV. F., 580. (i) Eich v. Milk, 20 Barb., 616. (g) Gardner v. McEwen, 19 Jf. T., 128. (I) Ford v. Williams, 24 Jf. Y., 859 ; (A) Walker ». Snediker, Hoffin., 145 ; Marston v. Vultee, 12 AhhoM Pr., 148; TruBcott V. King, 6 N. T. (2 SeU.\ 147. Edgell v. Hart, 9 N. T. (5 Seld.), 213. (J) Bissell V. Hopkins, 3 Gow., 166 ; (m) Edgell v. Hart, 9 N. Y. {5 Seld.), Smith «. AcJker, 23 Wetui., 653 ; Thompson 218 ; Spies «. Boyd, 1 E. D. Srmth, 445. V. Blanohard, 4 N. Y. (4 Oomet.), 803. (») Howland v. Willatt, 8 Sand/., 607. 15 226 ABBOTTS' FORMS. Chattel Mortgages. necessary to enable him to maintain his title as against third persons nnlaw- fully interfering with the property .(a) Bale. — If a chattel mortgage contains no provision requiring a sale, the mortgagee may sell or not as he chooses ; and a sale may be without judicial proceedings, reasonable notice being given. If the goods can be sold ia separate parcels, no more should be sold than is necessary to pay the debt and expenses.!^) Personal liability. — Giving a chattel mortgage does not necessarily render the mortgagor personally liable for the sum secured ;(g) but a promise to pay, the sum, or a recital that the mortgage is given to secure an indebtedness, does render the mortgagor personally liable, and, in such case, he may be sued on the mortgage in the first instance without resorting to the property .(r) Mling. — To prevent imposition upon subsequent purchasers and mortgagees, it is generally required that imless there is an actual and continued change of possession, the chattel mortgage, or a copy, must be filed in the town or city where the mortgagor resides .(«) This is not essential to the validity of a mortgage as against the mortgagor, but is absolutely essential as against other creditors and subsequent purchasers and mortgagees in good faith. A copy filed must be a true copy ; and any material error in it, such as overstating the amount secured, renders it a nullity.(i) Within thirty days before the expiration of a year, and so on annually, a new copy must be filed where the mortgagor then resides, with a statement exhibiting the mortgagee's interest. So long as the mortgagee has not taken possession, this is essential, even though his title may have become absolute by a default.('it) The time for the third filing is to be computed by the lapse of one year &om the second filing, not two years from the first.('!)) 459. Short form ; without warranty, or stipulations as to right of possession or sale I liability 227 (o) Brown v. Cook, 3 E. D. Smith, 123. (p) Charter v. Stephens, 8 Den., 83. (j) Culve* i>. Sisson, 3 iK Z (8 GomsL), 264.' (r) Elder*. Eouse, 15 Wend., 218. {e) Under the New York statute, chat- tel mortgages are to be filed as follows : in the town or city where the mortgagor, if a resident of the State, resides at the time of execution. If not a resident, then where the mortgaged property is. In the city of New York they are to be filed iu the registrar's office ; in other cities and towns, in the county clerk's oiflce, if there be one therein. If not, then in the town clerk's office. Laws of 1883, 402, § 2 ; same stat., 2 Rev. Stat., 8 ed., 196, §§ 12, 18. Filing in the town in which the mort- gagor, if a resident of the State, resided, at the time of execution, is suflioient under this statute ; and whether the mortgagor is a resident of tliat town at the time of filinff, is immaterial. Hicks ». Williams, 17 Barb., 528. The actual place of resi- dence is to control tlie filing, and an er- roneous recital in the mortgage does not conclude the mortgagee. Chandler v. Buun, Sill & D. Swpp., 167. It is not enough to file the mortgage where the mortgaged property is, if the mortgagor was a resident. Gould » Browne, 4 N. T. Leg. Ois., 423. Chattel mortgages on craft navigating the canals of tlie State, are to be filed in the auditor's office of the canal depart- ment {Laws of 1858, oh. 247, § 1 ; 1 Rev. Stat., 5 ed., 630, § 301) ; but the priority of such a mortgage, which has been filed with the proper town clerk, will not be lost by the neglect to file it in the audi- tor's office. The utmost cfifeot of the act of 1858 is to put mortgages of caual boats, registered in the auditor's office, on an- equality with those filed with town clerks. Sweet «. Lawrence, 85 Barb., 837. (<) Ely V. Camley, 19 iK r.,496. («) lb., Gould V. Browne, iN. T. Leg. Obs., 423 ; Manning t>. Monaghan, 1 Bosw,, 459. (v) Nitchie «. Townsend, 2 Sandf., 209. CHATTEL MORTGAGES. 227 Short Form. TAOS 460. The same ; but with personal liability and stipulation for sale 228 461. Chattel mortgage to secure a present indebtedness payable on demand, or at a specified day, with reservation of right of possession, except in case of danger, and stipulation for sale 228 46'. Chattel mortgage, with warranty of title, covenant to pay the debt, and res- ervation of right of possession nntil the mortgagee demands it 229 463. Schedule annexed to the foregoing 230 464. The same ; for a sum of money at a future day, with interest periodically meanwhile 230 465 The same ; for payment in equal annual instalments, with interest annually on what remains unpaid 231 466. The same; for payment in unequal instalments, with interest 231 467. The same ; for payment in instalments, with interest on each instalment as it falls due 281 468. Chattel mortgage to secure a note 231 469. Chattel mortgage to secure an indorser 232 470. Chattel mortgage to secure payment of numerous notes, and indemnity against certain debts of the mortgagee assumed by the mortgagor 232 471. Chattel mortgage to secure a surety in a lease 238 472. Chattel mortgage to secure future advances 234 473. Chattel mortgage, by a corporation, to trustees in trust for its bondholders. 234 474. Condition, in a mortgage of stock, that the mortgages shall not sell until default 236 475. Unqualified reservation of right of possession until default 236 476. Stipulation requiring a sale to be made 287 477. Stipulation regulating the mode of sale 237 478. Mortgage of a vessel '. 237 479. Acknowledgment of a chattel mortgage 238 480. Annual statement of amount claimed .j. 238 481. The same ; where the mortgage is claimed as security for contingent or un- liquidated demands 298 4S2. Notice of sale under mortgage 239 483. Terms of sale '. 239 484. Purchaser's memorandum .' 240 485. Notice of adverse claim, read at the sale to warn purchasers 240 459. Short Form; Without Warranty, or Stipulations as to Bight of Posses- sion or Sale or Personal Liability. Know all mbn by these presents, that I, A. B., of , hereby sell and assign to Y. Z., of , all the tools and materials now in my shop at .(w) This grant is intended as a security for the payment of dollars, with interest, on or before the expiration of from the date hereof; which payment, if duly made, will render this conveyance void. In witness whereof, I have hereunto set my hand and seal, at the , this day of , 18 . In presence of [Signature of mortgagor.] [Signature of witness.] (w) Other forms of the granting part of the forms of Bills of Sale, adding the » ohatt«l mortgage may be adopted from clause of defeasance above. 228 ABBOTTS' FORMS. Chattel Mortgage with Special Clauses. 460. Short Form; With Personal Liability and Stipulation for Sale. Know all men by these presents, that I, A. B., of , acknowledge myself to be indebted to Y. Z., of said , in the sum of dollars, with interest from this date [or, from the day of , 18 ], and foi the security of said sum I do hereby mortgage and sell and assign to the said T. Z. all my property of every description, sitnate, lying and being in the house, corner of street and avenue, in the city of ; and I do hereby antliorize and empower the said Y. Z. to take possessior of said property and eflfects, he to sell the same, and appropriate the pro- ceeds to the payment of said debt and interest. In witness [etc., as in preceding form]. 461. Chattel Mortgage to Secure a Present Indebtedness PayaMe on De- mand, or at a Specified Day, With Reservation of Bight of Possession, Except in Case af Danger, and Stipulation for Sale. Whekeab, I, A. B., of the town of , in the county of , and State of , am justly indebted unto Y.Z., of , in the said county, in the sum of dollars, on account, to be paid on demand [or, on the day of ) 18 ], with interest from this date : Now, theeefoee, in consideration of such indebtedness, and in order to secure the payment of the same, as aforesaid, I do hereby sell, assign, transfer and set over ijnto the said Y. Z., his executors, administrators and assigns [here describe the property, or refer to schedule, as informs 462 and 463] : Peovided, how- BVEE, that if the said debt and interest be paid, as above specified, this sale and transfer shall be void ; and this grant is also subject to the following conditions : The property hereby sold and transferred is to remain in my possession until default be made in the payment of the debt and interest aforesaid, or some part thereof; * but in case of a sale or disposal, or attempt to sell or dispose of the same, or a removal of or attempt to remove the same from , or an unreasonable depreciation in value [or if from any other cause the security shall become inadequate], the said Y. Z. may take the said property, or any part thereof, into his own possession. * Upon taking said property, or any part thereof, into his possession, either in case of.default, or as above provided, the said Y. Z. shall sell the same at public or private sale ; and after satisfying the aforesaid debt and the inter- est thereon, and all necessary and reasonable costs, charges and expenses incurred by him, out of the proceeds of such sale, he shall return the sur- plus to me or my representatives. In witness wheeeof, I have hereunto set my hand and seal, this day of , 18 . In presence of [Signature and seal.'] [Signature of witnesses CHATTEL MORTGAGES. 229 With Special Clauses. 4:62. Chattel Mortgage, With Warranty of Title, Covenant to Fay the Debt, and Regemation of Right 0/ Possession Until the Mortgagee Demands It. Know all mbn by these presents, that I, A. B., of , in the county of , and State of , farmer, party of the first part, for securing the payment of the sum of money hereinafter mentioned, and in considera- tion of the sum of one dollar, to me paid by T. Z., of , aforesaid, merchant, party of the second part, the receipt whereof I do hereby ac- knowledge, have bargained, sold, granted and conveyed, and by these presents do bargain, sell, grant and convey unto the said party of the second part, his executors, administrators and assigns, all the ashes now being in the ashery in the possession of the said A. B., at . ;(a!) \or thus, all the stock of books, magazines, periodicals and stationery in the store of the said A. B., at •,{x) or thus, all the Jiousehold goods and furniture, and other articles mentioned in a schedule annexed hereto, and contained in the house of the said A. B., at ; or thus, all and singular the goods and stock of goods and merchandise, consisting of whips, lashes and materials therefor, now in the store of the party of the first' part, at No. Street, in the city of , and in the factory of the said party of the first part at , in the State of [but excepting and reserving therefrom all goods sold, or agreed to he sold and packed, to be delivered to purchasers], and all the furniture and movable fixtures in said store belonging to the party of the first part [a schedule of said goods and chattels to be made by the party of the first part, and annexed hereto with all convenient speed] ; to have and to hold the same unto the said party of the second part, his executors, administrators and assigns, forever. [^ the mortgage is a second mortgage, ieing subject to a prior one, insert here: subject, however, to a prior mortgage to M. N., dated the day of , 18 , to secure .] And I DO for myself, my heirs, executors and administrators, covenant and agree, to and with the said party of the second part, to warrant and defend the said described goods hereby sold, unto the said party of the second part, his executors, administrators and assigns, against all and every person and persons whatsoever [subject as aforesaid]. * Upon condition, that if the said party of the first part shall and do well and truly pay, or cause to be paid t unto the said party of the second part, his executors, administrators or assigns, the sum of dollars and interest thereon, on the day of next, t [or otherwise, as the case ■may be; see forms 464 to 472], then this conveyance shall be void; other- wise, to remain in full force. And the said party of the first part, for himself, his executors, adminis- trators and assigns, does cov.enant and agree to and with the said party of the second part, his executors, administrators and assigns, to make punctual, j)ayment of the money hereby secured. And in case default shall be made (as) This is n sufficient description of £arb., 680; Gardners. MoEwen 19 ^.T, Bnch property. Dunning v. Stearns, 9 (5 Smith), IgS. 230 ABBOTTS' FORMS. Chattel Mortgages. in payment of the said sum above mentioned, or any part thereof, or of the interest thereon, on any day when the same ought to be paid [may insert ij desired, then tne whole sum shall at the election of the party of the second part become immediately due and payable; and] * it shall be lawful for, and the said party of the first part does hereby authorize and empower the said party of the second part, his executors, administrators and assigns, with the aid^and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said party of the first part, and such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels, to sell and dispose of the same, or so much as shall be necessary, for the best price they can obtain, and out of the money to retain and pay the said sum above-mentioned, with the interest and all expenses thereon, rendering the ovei-plus (if any) unto the said party of the first part, his executors, administrators and assigns. And until default be made in the payment of the aforesaid sum of money [or some part thereof or interest thereon], the said party of the first part is to remain and continue in quiet and peaceable possession qf the said goods and chattels, and the full and free enjoyment of the same [here may insert danger clause from Form 461, viz., the words between the **, or may proceed thus :] unless the said party of the second part, his executors, administrators or assigns, shall sooner choose to demand the same ; and until such demand be made, the possession of the said party of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said party of the second part. In witness wheeeof, I have hereunto set my hand and seal, the day of , 18 . Signed, sealed and delivered) [Signature and seal.] in the presence of J [Signature of witness.} 463. Schedule Annexed to the Foregoing. SoHEDTjLE of all the furniture and household goods mentioned in, and con veyed by, the annexed chattel mortgage. One rosewood sofa. Six do. chairs. One do. arm-chair. [Thus enumerating all the goods.] Annexed and signed, this day of , 18 . [Signature of witness.] [Signature of party.] 464. The Same ; For a Sum of Money at q Future Day, With Interest , Periodically Meanwhile. [As in Form 462, substituting for the words heiween the 1 1 the following .•] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of dollars [stating the whole principal secured], on the day of , which will be in the year one thousand • CHATTEL MORTGAGES. 231 Stipulations as to Mode of Payment. eight hundred and , with interest thereon from the date hereof [or, from the day of , 18 ], at the rate of per cent, per annum [or, with legal interest thereon], payable semi-annually [o>; quarterly], on the day of , and [designating the months intended] in each year, until the whole of said principal sum he paid. 465. The Same ; For Payment in Equal Annual Instalments, With Interest Annually on What Remains Unpaid. [As in Form 462, substituting for the words between the 1 1 the following :] unto the said party of the second part, his executors, administrators or assigns, the just and full sum of dollars [stating the whole principal secured], in equal annual payments, from the date hereof [or, com- mencing ori the day of , 18 ], with interest thereon at tlie rate of . per cent, per annum [07; with legal interest thereon], payable annually with such instalments [or, semi-annually, or, quarterly, on the days of , naming the months for payment of interest, in each year]. 466. 7%e Same; For Payment in Unequal Instalments, With Interest. [As in Form 462, substituting for the words between the f ■[ the following :] unto the said party of the second part, his executors, administrators or assigns, the just and fuU sum of dollars [stating the whole principal secured], in manner following — that is to say, the sum of dollars on the day of next; the sum of dollars on the day of 18 ; and the remaining sum of dollars in from the said last- mentioned date, together with the interest at the rate of per cent, per annum [or, with legal interest on the whole sum remaining unpaid, at the time of each payment]. 467. The Same ; For Payment in Instalments, With Interest on Faeh Instal- ment as It Falls Due. [As in Form 462, substituting for the words between the \ \ the following :] unto the said party of the second part, his executors, administrators or as- signs, the just and full sum of dollars [stating the whole principal se- cured], with interest at the rate of per cent, per annum [or, with legal interest], said principal to be paid in _ equal annual instalments each, with the interest on such instalment, on the day of in each yeai-. •468. Chattel Mortgage to Secure a Note. [As in Form 462, substituting for the words between the * * the following :] Upon condition, however, that if the said party of the first part shall well and truly pay to the said party of the second part, his executors, administra- tors and assigns, a certain promissory note, made by , for dol- lars, -bearing date the day of ,18 , and payable afterdate to the order of [or may say, his promissory note, of which the follow- •232 ABlJOTTS' FORMS. Chattel Mortgage to Secure Notes. uig is a copy, setting it forth], according to the tenor thereof, then this conveyance shall be void ; otherwise, to remain in full force. And in case default shall be made in payment of said note, 469. Chattel Mortgage to Secure An Indorser, [As in Form 462, substituting for thewords between the * * the following:] Upon condition, however, that if the said party of the first part shall well and truly pay a certain promissory note, made by for dol- lars, bearing date the day of , 18 , and payable after date to the order of , and indorsed by the party of the second part [or may lay, his promissory note, indorsed by the party of the second part, of which the following is a copy, setting it forth], according to the tenor thereof, then this conveyance shall be void ; otherwise, to remain in full force. And in case default shall be made in payment of said note, 470. Chattel Mortgage to Secure Payment of Numerous Notes, and Indem- nity Against Certain Debts of the Mortgagee Assumed by the Mortgagor, [As in Form 462 to the first *, continuing thus:] Upon condition, however, that the said parties of the first part shall well and truly pay unto the said party of the second part, his executors, admin- istrators or, assigns, the just and full sum of dollars and cents, with interest, being the amount of promissory notes made by them, and described as follows, each bearing date the day of , 18 , payable as follows : one note for dollars payable at months from date f and one for dollars, payable at months from date \and so on]. And upon the further condition, that if the said parties of the first part will well and truly indemnify and save harmless the said party of the second part of, from and, against all of the notes remaining unpaid, which were given by said party of the second part to M. N. & Co. on the purchase of , which notes are particularly enumerated in Schedule B hereto annexed ; and also against all of fiie notes and- debts, obligations or liabili- ties mentioned in Schedules and D hereto annexed, being debts of the party of the second part, which have been assumed by said party of the first part, then this conveyance shall be void ;■ otherwise, to remain in full force. And the said parties of the first part, for themselves, their executors, ad- ministrators and assigns, do covenant, promise and agree, to and with the said party of the second part, his executors, administrators and assigns, that in case default shall be made in the payment of either of said notes hereinbefore mentioned, given by said parties of the first part to the said party of the second part, and the same shall remain due and unpaid for the space of days thereafter, then the sum remaining unpaid upon all of said notes may, at the option of the said party of the second part, his exec- utors, administrators or assigns, be considered due and payable immediately; and in case either of said notes shall so remain unpaid for the space of days, or in case any recovery shall be had against said party of the second CflATTEL MORTGAGES. 233 To Secure against Contingent Liability. part, for or by reason of any note or notes, or debts mentioned in Schedules B, 0, and D ; then in that case it shall immediately thereupon be lawful for, and the said parties of the first part hereby authorize and empower the said party of the second part, his executors, administrators or assigns, with the aid or assistance of any person or persons, to enter the store,' stable, dwell- ing-house and other premises, and such other place or places as the said goods, chattels and property are or may be placed, and take and carry away the said goods, chattels and property, and to sell and dispose of the same for the best price or prices he can obtain for the same, and out of the money arising therefrom to retain, take up and j ay the amount then re- maining unpaid on said notes, whether the said notes shall have matured or not, and all ohai-ges touching the same, and also all moneys which may be recovered against him, the said party of the second part, for or on account of any of the notes or debts mentioned in either of the schedules to this mortgage, or any liability or charges he may incur on account of the same, or any part thereof, and also the expenses of such sale, and then, after retaining sufficient in his hands to pay off and discharge any of the said debts or notes mentioned in either of the schedules which may remain unpaid, and applying the said moneys thereto, rendering the overplus (if any) unto the said parties of the first part, or to their executors, administrators or assigns ; and in case of such sale and disposition of said goods, chattels and property, it shall and may be lawful for the said party of the second part to sell and dispose of the said property, goods and chat- tels, together or separately, as he may prefer. And until default be made in the payment of either of the said notes, and tlie same shall remain unpaid for ten days, or in any of the stipulations hereinbefore set forth on the part of the parties of the first part, the said parties of the first part shall remain and continue in the quiet and peaceable possession of the said goods and chattels and property, and the full and free enjoyment of the same. In witness whekeof, the parties of the first part have hereunto set their hands and seals, this day of , 18 . In presence of [Signatures and seals.] [Signature of witness.] 471. Chattel Mortgage to Secure a Surety in a Lease. [As in Farm 462, substituting for the words between the * * th^ following :] Upon condition, however, that if the said party of the first part, his ex- ecutors, administrators and assigns, shall well and truly pay the rent to ac- crue on a lease made by M. K to the said party of the first part, bearing date the day of ,18 [and shall perform all the covenants on his part therein contained], and indemnify and save harmless the said party of the second part from and against all damage,' costs and expenses by reason of 'his having become a surety thereon, then this conveyance shaU be void ; otherwise, to remain in full force. And in case default shall be made in such payment [and performance]. 234: ABBOTTS' FQEMS. Chattel Mortgages. 472. Ghaitel Mortgage to Secure Future Advances. [^As in Form 462, substituting for the words between the * * the following :'\ Whereas the party of the first part is indebted to the party of the second part for , in the sum of [as appeared by the account between the parties], ..and said party of the second part has agreed to make further advances of money and materials to enable the said party of the second part to complete his factory at , and commence to operate the same : Now these presents are upon the condition, that if the party of the first part, his executors, administrators and assigns, shall well and truly pay, or cause to be paid, to the party of the second part, his executors, administra- tors or assigns, upon demand [or otherwise, as agreed], all the sums due and so to become due to the party of. the second part, then this conveyance shall be void ; otherwise, to remain in full force. And in case any default shall be made therein. 473. Chattel Mortgage, By a Corporation, to Trustees, in Trust for Its Bondholders. This rNDENTUEE, made the day of , a. d. one thousand eight hun- dred and , between the Company, of , formed under and pursu- ant to an act of the Legislature of the State of , entitled " An Act to provide for the form-ation of companies," passed ,18 , by articles of association duly made, executed and filed on the day of , 18 , in the office of the clerk of , parties of the first part, and W. V., W. X. and Y. Z., trustees, as hereinafter mentioned, of the second part, wrr- NEssKTH as follows: That the parties of the first part, in order to pay o3 and discharge certain debts and obligations incurred in the formation and operating of said company, and to enable them to conduct, operate and continue the business of said company, and also in pursuance of the res- olutions of said company, passed the day of , 18 , a copy of which is hereto annexed, marked " A," and forming part of this indenture, have made and issued their several bonds, or obligations, aU having even date herewith, by each of which said bonds they acknowledge themselves indebted to , or bearer, in the sum of dollars, lawful money of the Tluited States of America, to the amount of dollars, and num- bering from one to , inclusive; each of said bonds being made pay- able to the said parties of the second pai-t, or bearer, and each of said bonds being for the sum of dollars, and payable at the said company's office in , on or before the day of , one thousand eight hundred and , with interest thereon, at the rate of per centum per annum, payable semi-annually, at their office, in , on the days of and in each year, until the whole of the said principal is paid. Kow THIS INDENTUEE WITNESSETH, that the Said parties of tlie first part, in order to secure the payment of the said several bonds hereinbefore men- tioned, as they respectively fall due in the hands of the lona-Jide holders thereof, and the interest thereon, and in consideration of the sum of one CHATTEL MORTGAGES. 235 To Secure Corporation Bonds. dollar, to them iu hand paid by the said parties of the second part, the re- ceipt whereof is hereby acknowledged, have granted, bargained, sold, as- signed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, assign, release, convey and confirm, transfer and set over unto the said parties of the second part, trustees, as aforesaid, or the sur- vivor or survivors of them, and their successors or assigns, the leases, fran- chises, licenses and articles of personal property, goods, chattels, horses, stages, etc., etc., as follows : 1. All their right, title, interest and claim in and to a certain grant or lease, dated on the day of , a. d. 18 , and made by M. K, ot , of the first part, to 0. P., and which has been duly assigned to the said company, covering six lots of ground on Avenue and Eleventh-street, in the Eleventh "Ward of said city, and recorded in the register's office of , in Liber of Conveyances, page , the day of > 18 , together with the appurtenances, and all the rights and privileges, interests which the said parties of the first part have, or hold, in or to the said lease, and the lands and premises described therein, and the buildings, sheds, and improvements thereon erected. 2. And also, all the franchises, licenses, rights and privileges of run- ning and operating their , as now owned and possessed by them, and conferred upon them by the authorities of , or otherwise. 3. And also, all the fixtures, implements, goods, wares and mer- chandise, and all other articles of personal property, now belonging to, and in the possession of said company in , and more particularly named and described in the schedule hereto annexed, marked B, and which said schedule forms part of this indenture : To have and to hold the same to the said parties of the second part, the survivor or survivors, or their suc- cessors or assigns, forever. And it is hereby further mutually declared, granted and agreed by the said company, parties of the first part, and the said parties of the second part, trustees, representing the rights and inter- ests in the securities of the parties taking or holding the said bonds or ob- ligations, in the form and manner following — viz., that if the said parties of the first part shall well and faithfully pay the said principal sum of dollars, on the day when the same is made payable by this indenture, as above mentioned, according to the true intent and meaning thereof, with the interest due thereon, and also, the interest which may become due thereon, on the days when the same is made payable, as herein mentioned, or shall deliver up, cancelled, to the said parties of the second part all of the said bonds mentioned herein, then these presents shall cease and deter- mine ; but if default shall be made by said parties of the first part, in the payment of the said bonds or obligatious, at the time they shall fall due, according to the true intent and meaning thereof, or they shall fail to pay the interest at the time set forth herein, then it shall be lawful for the said parties of the second part, or the survivor or survivors of them, thtir suc- cessors and assigns, and it shall be their duty, and they are hereby author- ized and empowered, either in person or by attorney, or by agents, to enter into, and upon, the lands and premises hereby granted, or intended 60 to be, and take possession thereof, and also to take possession of the said 236 ABBOTTS' FOEMS. Chattel Mortgages. goods, chattels and other articles mentioned in the said annexed scheduley and also the licenses, franchises, etc., of the said company, and to sell or - dispose of the same, or any part thereof, at public auction, according to the sta;tute in such cases made and provided ; and also to sell the said articles of per-sonal property mentioned in the annexed schedule, at public auction, at the best price they can obtain for the. same, and out of the proceeds arising from such sale to defray the expenses of such sale, and their own just and lawful charges, and then pay over the proceeds to, and amongst the parties holding the said bonds or obligations, for the said sum of dollars, so far as may be necessary to pay the amount then due and in arrear upon the same, and the balance of the proceeds (if any there be) to be paid over to the said parties of the first part, or their assigns. And it is further agreed by tlie said parties of the first part, that policies of insurance shall be eifected by the said parties of the first part upon the said buildings, implements, goods, chattels and personal property mentioned in the schedule, against loss or damage by fire, to the amount of at least dollars, and such insurances shall be continued ft-om time to time, and the policies assigned and placed in the hands of the said parties of the second part, as an additional security for the payment of the said bonds or obliga- tions. In witness whereof, the said Company, parties of the \Corp&i'ate first part, have hereunto set their corporate seal, and the seal.'\ hands of its president, treasurer and secretary, the day and year first above written. In presence of \Signatures and titles of officers.] [Signature of witness^ 474. Condition in a Mortgage of Stocky That the Mortgagee Shall Not Sell • Until Default. Anb it is also PKOvlDED, that until default shall be made, in payment of the said sum of dollars and interest, or some part thereof the said Y. Z., his executors or administrators, wiU not sell or dispose of the said shares of stock in the said company so transferred to him as aforesaid, and will, from time to time, pay over unto the said A. B., his executors, or ad- ministrators or assigns, any dividend or dividends, which he, the said Y. Z., his executors or administrators, shall, in the mean time, have received on account thereof. 475. Unqualified Seservation of Sight of Possession Until Default. And it is ageeed, between the said parties, that until default shall be made in payment of the said sum of dollars and interest, the said A B. and his assigns may hold, enjoy and use the goods above mortgaged, as aforesaid, without the hindrance or interruption of the said Y.' Z., or hia CHATTEL MOETaAGES. 237 Stipulations as to Sale. Mortgngo of. VesBel. 4Y6. Stipulation Requiring a Sale to be Made. But if default shall be made in the payment of the principal or inter- est above mentioned, or any part thereof, then the said party of the second part, and his assigns, are hereby required to sell the goods, chattels and property, above granted, by public auction, or so much as shall be neces- sary, for the best price they can obtain, and out of the money to retain and pay tlie said sum above mentioned, with the interest and all expenses thereon, rendering the overplus (if any) unto the said party of the first part, his executors, administrators and assigns. 477. Stipulation Regulating the Mode of Sale. Said sale to taie place at , after giving at least days' notice thereof, by posting up written notices in three different public places in the town, and by advertising once in the . And I hereby further author- ize the person conducting said sale, to adjourn, if, in his opinion, necessary, the same, from time to time, until said property be sold, and to give a bill of sale to the purchaser thereof, which shall be conclusive as to the regu- larity of all the proceedings connected herewith, and convey absolutely all of my right and title therein. 478. Mortgage of a Vessel.(y) To ALL to whom these presents shall come, greeting : Know ye, that we, A. B. (|ths), and C. D. (|ths), owners of the bark or vessel called the Mary, of , of the burden of tons, or there- abouts, for and in consideration of the sum of dollars, lawful money of the United States of America, to us in hand paid before the sealing and delivery of these presents by W. X. and Y. Z., the receipt whereof we do hereby acknowledge, and are therewith fully satisfied, contented and paid, have bargained and sold, and by these presents do bargain and sell unto the said W. X. and Y. Z., their executors, administrators and assigns^ all of the said bark or vessel, together with all the masts, bowsprit, sails, boats, an- chors, cables and all other necessaries(s) thereunto appertaining and be- longing : To have and to hold the said bark Mary, and appurtenances • thereunto belonging, unto them, the said W. X. and Y. Z., their executors, administrators and assigns, to the sole and only proper use, benefit and be- hoof of them, the said W. X. and Y. Z., their executors, administrators and assigns, forever. And we, the said A. B. and 0. D., have, and by these presents do promise, covenant and agree, for ourselves, our heirs, executors and administrators, to and with the said W. X. and Y. Z., their heirs, ex- . eoutors, administrators and assigns, to warrant and defend the said bark Mary, and all the othef before-mentioned appurtenances, against all and every person and persons whomsoever. (y) For a hypothecaition on bottomry, any things not clearly inoloded in such a see Bombs. generri term, they should be expressly (s) If it \^ intended, to give a lien on tueiitioned. 238 ABBOTTS' FOEMS. Acknowledgment of Mortarage. Statement of Kenewal. Whebeas, a. B. and 0. D. are justly indebted to W. X. and Y. Z., for certain sums of money advanced to them by said W. X. and Y. Z., on account of said bark Mary, which the account between the parties shows, and may also re- quire further advances than the original debt, and may also become still further indebted for expenses and charges paid or incurred for them : Now THE ooNDiTioif of these presents is such, that if the said A. B. and 0. D. will, on demand, pay all the sums due and to become due to the said "W. X. and Y. Z., and shall, in all respects, comply with the terms and conditions hereof, then this conveyance shall be void ; otherwise, to remain in full force. The said W. X. and Y. Z. are not to be liable or responsible, in any way, for the debts or liabilities of said vessel. In witness wheeeof, the said A. B. and 0. D. have hereunto set their hands and seals, this day of , 18 . In presence of Signatures and aeah.l [Signature of witness.'] 479. Achnowledgment of a Chattel Mortgage. State of , 1 County of . ) ' Be it known, that on the day of , one thousand eight hundred and , before me, M. N., a notary public for the State of , duly commissioned and sworn, dwelling in the city of , came A. B. and 0. D., to me well known to be the individuals described in and who ex- ecuted the foregoing instrument, and severally acknowledged that they had executed the same as and for their voluntary act and deed. Witness my hand and official seal, the day and year above written. [Seal.] [Signature and title.] 480. Annual Statement of Amount Olaimed.(a) Statement filed by Y. Z., the mortgagee in the mortgage of which the annexed is a copy : I, Y. Z., the mortgagee mentioned in the mortgage of which the annexed [or, within] is a true copy, do hereby certify that the sum of dollars and interest thereon from the day of > 18 , is still due on said • mortgage ; which sum constitutes the amount of my interest in the prop- erty therein mentioned and described. Dated , the day of , 18 . [Signature of Mortgagee.] ,481. The Same; Where the Mortgage is Claimed as Security for Contin- gent or Unliquidated Demands. Statement filed by Y. Z., the mortgagee in the mortgage of which the annexed is a true copy : (o) It is not a sufficient statement to in- There must be a statement exhibiting the dorse on the mortgage already on file, that interest of the mortgagee. Fitch t. Hum ■ it is refiled and renewed, with the date, phrey, 1 Den., 163. CHATTEL MORTGAGES. 239 Notice of Sale. I, Y. Z., the mortgagee named in the mortgage of which the annexed [or, within] is a true copy, do hereby certify that the following notes, men- tioned in said mortgage, all dated the day of > 18 , are wholly unpaid — to wit [enumerating t7iem]. And I claim the said property, by virtue of said mortgage, to the amount of said unpaid notes and interest as aforesaid. And I further claim the said property as security to me against any liability for or on account of my having indorsed the note of therein mentioned, which note is still unpaid; and the said unpaid notes of and interest, and security against my indorsement of said note of , constitute my interest in the property described in said mortgage. Dated , the day of , 18. [Signature of Mortgagee.] 482. Notice of Sale Under Mortgage. By virtue of a chattel mortgage executed by A. B. to T. Z., dated the day of , 18 , and filed in the oflRce of the county clerk of the county of [or, the town clerk of the town of , or, the register of the city and county of New York], on the day of i 18 , and upon which default has been made, I will expose for sale at public auction, on day, the day of , 18 , at o'clock, in the noon, at [designating the particular place of sale], the property mortgaged, consist- ing of 187 horses, 35 stages, 16 sleighs, 250 tire bolts, 800 weight of iron, 800 weight of steel, two large iron safes. [The terms of sale to be made known on the day of 8ale.](&) Dated , the day of , 18 . [Signature of attorney or auctioneers 483. Terms of Sale. Tbbms of sale. — One-third of the amount of the purchase-money in cash, payable immediately after the sale, to the trustees named in the mort- The balance of said purchase-money in twelve equal monthly payments, for which approved indorsed promissory notes, bearing interest from date, falling due on, etc., are to be given, and the purchaser to execute an approved chattel mortgage to the said trustees on the property so sold to him, to secure the payment of the said promissory notes ; — notes and mort- gage to be given in five days from the purchase hereof. Property to be delivered when notes are given and mortgage executed. if the purchaser does not comply with the terms of sale, then the prop- erty to be resold at his expense and loss, and no benefit to accrue to him on such resale, and he will be held responsible for any deficiency from his bid. Date.] (6) In large transactions, where written next form, this clause is inserted. Usually terms of sale are to be prepared, as in the it may bj idmittod. 240 ABBOTTS' FORMS. Clerks and Criers. 484. Purehasm's Memorandum.{(i) I have purchased the above property for the sum of dollars, on the terms ahove set forth. \8ignatv/re of purchaser.] 485. Notice of Adverse Claim, Head at the Sale, to Warn Purchasers. I, M. N., hereby give notice, that I have a mortgage on the property of A. B., now offered for sale, which is of prior date to the mortgage, under which this sale takes place, being dated ,18 , which was then duly filed ; and dollars, with interest thereon, from the day of ,18 , is unpaid on my said mortgage, and is now due and col- lectable. Whosoever buys this property, must buy it subject to my mort- CHAPTER XXII. CLERKS AND CRIERS. The powers and duties of clerks of court are generally prescribed by stat ute. If a clerk has by law a deputy, acts which are in their nature ministerial, such as signing and sealing papers, may be done in the clerk's name by the deputy.(a) The laws of New York(6) require clerks of counties and of courts of record, and the register of deeds in the city of New York, and the clerk of the City Court of Brooklyn,(c) to keep open office every day, except Sundays and holi- days, in the county of New York, from 9 A'. M. to 4 P. M. ; and in other counties, between March 21 and October 1, from 8 a. M. to 6 P. M., and between Septem- ber 30 and April 1, from 9 A. M. to 5 P. M. The following forms are those which are used in open court by clerks or criers. Forms of judgments and other records in actions and special proceed- ings will be found in the volumes of forms in Practice and Pleading ; and forms of certificates and other acts of various kinds will be fortnd under then- appropriate heads in this volume, such as Acknowledgment asd Proof of Deeds, Oaths, Seakches, etc. PAGE 486. Proclamation on opening court 242 487. Proclamation for sheriff to return process , 242 488. Proclamation for magistrates, etc., to return recognizances, etc 242 489. Proclamation before calling grand-jury 242 490. Oath of the foreman of the grand-jury 242 491. Oath of grand- jurors 243 4tf2. Proclamation for silence on charging graod-'jury 248 (c) This is written at the foot of the (6) Laws of 1860, 480, chap. 276. terras of sale. (d) Lawsqf\%^i, 91, ohap. 66, flO. (os) Lynch v. Livingston, % N. T. (^ Seld.), 422. cle;rks and 'oeiees. 241 Analysis of Chapter. PAQB 493. Proclamation calling constables 248 494. Proclamation before calling petit-jury 248 495. Proclamation for imposing fines 243 496. Proclamation for persons to appear on recognizances 248 497. Proclamation for pei-sons bound to answer 243 498. Proclamation for bail to produce principal 243 499. Proclamation for discharge of persons against whom no bills are found. . . . 244 500. Proclamation for discharge 244 601. Proclamation for arraignment of prisoners 244 502. Arraignment of person indicted 244 503. ProcLimation for petit-jury on tho same 244 504. Address of clerk to the prisoner, before calling the jury 244 505. Oath of juror on a trial for felony 244 606. Oath of trier on a challenge to the favor 245 507. Oath of a witness before tho triers 245 608. Finding of the triers 245 609. Proclamation requiring a witness under recognizance to appear and testify.. 246 510. Oath of a witness on a trial for felony 245 611. Proclamation before sentence pronounced 245 512. Proclamation before calling jury on a trial for misdemeanor 245 518. Oath of juror on a trial for misdemeanor .' 246 514. Oath of a witness on a trial for misdemeanor ; 245 515. Oath of a witness on the trial of a justice, on charges 246 516. Address of the clerk on taking a recognizance to appear 246 517. The same ; on recognizance to keep the peace, or for good behavior 246 518. Taking verdict on a trial for felony 246 519. Polling jury in the same 246 520. Taking verdict in other criminal oases 247 521. Polling JU17 in the same 247 522. Proclamation for jury in a civil cause 247 528. Oath of jurors in a civil cause 247 524. Oath of triers in a civil cause, upon a challenge for favor 247 625. Oath of witness on a challenge of a juror 24T 526. Proclamation for plaintiff to appear and prosecute 248 627. Proclamation for defendant on an inquest 248 628. Proclamation calling a witness to answer on a subpcena 248 629. Oath of a witness to give testimony 248 680. The same by the uplifted hand 248 831. Affirmation of witnesS 248 632. Oath on the voire dire 24s 588. Entry when an attachment issues against a witness 248 534. Oath of interpreter liH 635. Oath of interpreter to a deaf and dumb witness 24 ii 636. Oath of party, or interested witness, preliminary to evidence of the contents of a paper not produced ; 249 537. Oath of a party, or interested witness, preliminary to proving the hand- writing of a subscribing witness 249 688. Proclamation for adjournment 249 639. Proclamation for opening court after adjournment 249 540. Oath of constables, on retiring with a jury, or jurors, on leave 249 541. Oath of constables, to keep jury on an adjournment 249 642. Oath of constable who attends the jury when they retire to consider their verdict in civil and criminal cases 250 543. Taking verdict in a civil case 250 544. Entry of verdict 250 16 •242 ABBOTTS' FORMS. Proolaipations and Oaths. PAQH 545. Entry of verdict, with assessment of value of personal property 250 oi6. Entry of judgment 250 547. Taking verdict where personal property is in question 251 548. Taking verdict in actions for damages 251 549. Taking verdict in oases of lunacy, etc 251 550. Taking verdict in action for recovery of real property 251 551. Polling jury in civil, cases 251 552. Oath on. application to excuse or discharge a juror or constable 252 .553. On application of juror, or constable, for a remission of fine 252 554. Oath of poor witness, on application for expenses 252 555. Notice of drawing a jury 252 556. Notice of drawing Additional jaror8.„ , 252 486. Proclamation, on Opening Court. Hear ye, hear ye, hear ye : All manner of persons that have any business to do at this [here name the court — e. g., thus ;] Oircuit Court and Court of Oyer and Terminer, held in and for the county of , let them draw near and give their attendance, and they shall be heard. 487. Proclamation for Sheriff to Return Process. Sheriff of the county of : Return the writs and precepts to you directed and delivered, and returnable here this day, that the court may proceed thereon. 488. Proclamation for Magistrates, etc., to Return SseognizanceSj etc.. All justices of the peace, coroners, sheriffs and other officers, who have taken any recognizances, examinations or other matters : return the same to the court here, that they may proceed thereon. 489. Proclamation' Before Calling Orand-Jury. Ton, good men, who are here returned to inquire for the People of the State of New York, for the body of the county of : answer to your names, every man, at the first call, and save your fines. [Sere call them hy name,, one hy one in their order.^ 490. Oath of the Foreman of the ■Orand- Jury. You, as foreman of this grand inquest, shall diligently inquire, and true pyesentment make, of all such matters and things as shall be given to you in charge; the counsel of the people, of your fellows, and your own, yon shall keep secret : you shall present no one from envy, hatred or malice ; nor leave any one unpresented, for fear, favor, affection^ reward or the hope of reward ; but you shall present all things truly, as they come to youi knowledge, according to the best of your understanding. So help you God. CLERKS AND CRIERS. 24S- Proclamations and Oaths. 491. Oath of Orand-Jaroit. The same oath your foreman ha? taken on his part, you and each of you shall truly ohaerve and keep on your part. So help you God. I - - 492. Proclamation for Silence On Charging Grand- Jury. All persons are strictly charged and commanded to keep silence, while the court is giving the charge to the grand-jury, on pain of imprisonment. 493. Proclamation Calling Constables. Constables of the county of : Answer to your names, every man, at first call, and save your fines. 494. Proclamation Before Galling Petit-Jury. Hear ye, hear ye, hear ye : Yon, good men, who are here returned, to try the several issues to be tried at this Circuit Court and Court of Oyer and Terminer, held in and for the county of , answer to your names at the first call, and save yonr fines. 495. Proclamation for Imposing Fines. Hear ye, hear ye, hear ye : The court have imposed a fine of dollars, nppn each of the following persons, for non-attendance as grand-jurors [or, petit-jurors; or, constables], at this court — ^to wit : A. B., of , etc., etc. 496. Proclamation for Persons to Appear On Recognizances. Hear ye, hear ye, hear ye: All manner of persons who are bound by recognizances to prosecute, or prefer, any bill of indictment, against any prisoner or other person, let them come forth and prosecute, or they will forfeit their recognizances. 497. Proclamations for Persons Bound to Answer. Hear ye, hear ye, hear ye : A. B., come forth and answer to your name, and save yourself and bail, or you will forfeit your recognizance. 498. Proclarrmlion for Bail to Produce Principal. Hear ye, hear ye, hear ye : 0. D. and E. F., bring forth A. B., your prin- cipal, whom you have undertaken to have here«this day, or you will forfeit your recognizance. 244 ABBOTTS' FOEMb. Proclamations and Oaths. 499. Proclamation for Discharge of Persona Against Whom No Bills are Pound. Hear ye, hear ye, hear ye : If any man can show cause why A. B. should stand longer hound [or, imprisoned], let him come forth, and he shall he heard, for he stands upon his discharge. 500. Proclamation for Discharge. Hear ye, hear ye, hear ye : No cause heing shown why A. B. should longer remain in custody of the sheriff of the county of , he is discharged. 501. Proclamation for Arraignment of Prisoners. All persons are strictly charged and commanded to keep silence while the court proceed to arraign the prisoners on indictment for felony. 502. Arraignment of a Person Indicted. [After reading the indictment to the prisoner ; or saying to him^ The grand-jury have indicted you for a felony [or, a misdemeanor], and stating the facts charged in the indictment.] Do you demand a trial on this indictment? [Or, do you plead guilty or not guilty to this indictment?] 503. Proclamation for Petit-Jury On the Sams. You, good men, who are here returned to inquire between the People of the State of New York, and A. B., the prisoner at the bar, answer to your names as you are called, and save your fines. 504. Address of Cleric to the Prisoner, Before Calling the Jury. A. B. : These good men that you shall now hear called, are the jurors who are to pass between the People of the State of New York and you [or, if a capital case, to pass upon your life and death] ; if, therefore, you will challenge them as they come to the book to be sworn, and before they are sworn, you shall be heard. [The crier then calls the jurors, one at a time, as they are dramn hy the cleric ; and when the juror comes to the stand, and is ready to le sworn, the cleric says: Juror, look upon the prisoner ; prisoner, look upon the juror.] 505. Oath of Juror On a Trial for Felony. You shall well and truly try, and true deliverance make, between the People of the State of New York, and A. B., the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God. CLERKS AND. ORIEES. 245 ProclamatioDs and OnthB. 606. Oath said county, on the day of i 18 , before J. K., T. Z, ) Esq., justice. JUKOKS. [Insert names.] WITNESSES. [Insert names.] Verdict for defendant [or, verdict for plaintiff, damages, $ ; or, verdict for plaintiff against defendant, Y. Z., damages, $ , and verdict for the defendant, E. F. ; or, if it ie a special verdict, insert the same at length].* [Signature of] Clerk. 545. Entry of Verdict, With Assessment of Value of Personal Property. Supreme Court, A. B. J County of, etc. [as in the preceding form to the *, and against > then add :] and the jury assess the value of the said [men- Y. Z. J tion the property in question] at doUai's : [If necessary add : and they further assess the damages of the said defendant by occasion of the delivery and detention of the said property, at dollars.] [Signature of] Clerk. 546. Entry (f Judgment. Supreme Court, A. B. J Judgment, against >• [Date!] Y Z J This cause being at issue upon the facts and a trial br OLEBKS AND ORIERS. 261 Taking Verdicts. Polling Jury. jury having been had, on which a verdict was found for the plaintiff, that, etc. [state the finding ; or, if there was no jury, say / and the same having been submitted to the court, decision was rendered, etc.] Now, on motion of G. H., attorney for the plaintiff, it is ordered and ad- judged by the smd court, that, etc. \as the verdict may be], Olerk. 547. Tahing Verdict Where Personal Property is in Question. [^s 171 Form 643 to the *, and then continue :] How do you find ? [The foreman answers : We find the title of the horse in question to be in the plaintiff, and assess the value thereof at one hundred dollars. [The cleric enters the verdict, and then adds .■] Gentlemen, listen to your verdict as it stands recorded. You say you flud, etc. [as dbove\ ; and so yon say all. 548. Tahing Verdict in Actions For Damages. [As in Form 543 to the *, and then continue ;] How do you find ? [The foreman answers : We find for the defendant ; or, We find for the plaintiff dollars damages. [The clerk enters the verdict, and again repeats the finding, and mahes the inquiry, as in the preceding form.] 549. Taking Verdict in Cases of Lunacy, etc. [As in Form 543 to the *, and then continue .•] How do you find ? [The foreman answers : We find that A. B. is a lunatic, of unsound mind, and incapable of managing or conducting his affau-s ; or, that A. B. was of un- sound mind at the time of the execution of the will [or, deed] in question — 'to wit : on the day of i 18 , and incompetent to execute the same ; or, that A. B. was of unsound mind, and incompetent to contract matrimony, at the time of the solemnization of the marriage to E. D. — to wit: on the day of , 18 .] [The clerk then enters the verdict, repeats the finding, and makes the inquiry, as in Form 547.] 560. Taking Verdict in Action For Recovery of Real Property. [As in Form 543 to the *, and then continuing : ] How do you find ? [The foreman answers : We find the title of the land in question to be in the plaintiff; or, defendant: If there is a claim for the mesne profits, add: and assess the damages for withholding the said premises, against the defendant, at dollars. The clerk enters the verdict, repeats the finding, and makes the inquiry, as in Form 547.] 651. Polling Jury in Civil Cases. [When the polling of the jury is demanded, the clerk will legin with tht first ruMne on the panel .•] A. B., you say yon find [as the verdict may ie : after the answer is gieen, then call the next juror]. 0. D., is that your verdict ? [Proceed in thii 262 ABBOTTS' FOEMS. Oaths. Drawing Jury, . manner through the list, and when all have answered, sa/y .•] Then, gentle- men of the jury, hearken to the verdict, as the court has recorded it. You say you find [cm the verdict may Se] ; and so you say aU. S52. Oath on Application to Excuse, or Discharge, a Juror or Constable. You shall true answers make to such questions as shall be put to you, touching your application \or, the application for and in behalf of E. F.] to be discharged \pr, excusetl] from attendance as a juror \pr, constable] at this court. So help you God. 553. On Application of Juror, or Constable, for a Bemission of Fine. You shall true answers make to such questions as shall be put to you, touching your application {or, the application for and in behalf of E. F.] for the remission of your \or, his] fine, for default in attending as a juror [or, constable] at this [or, the last] term of this court. So help you Grod. 554. Oath of Poor Witness, on Application for Expenses. You shall true answers make to such questions, as shall be put to you, touching your application for the expenses of your attendance at this court, as a witness in behalf of the people of this State. So help yon God. 555. Notice of Drawing a Jury. State of , County of , ClerVs Office. Notice is hereby given, that on , the day of , 18 , a panel of petit and grand jurors will be drawn at this office, to serve at a Circuit Court and Court of Oyer and Terminer \pr. Court of Sessions], to be held in and for the county of , at the City Hall, in the city of , on , the day of , 18 . [Signature of] Clerk. 556. Notice of Drawing Additional Jwrors. State of , County of . In the Court of the State of New York. Whereas, in my opinion, more than thirty-six jurors will be required to attend the Circuit Court and Court of Oyer and Terminer, to be nest held in and for the county of , on the day of next. I do hereby order and direct that twenty-four additional jurors, to serve at said court, bo drawn and summoned aocoi-ding to law. WiTNEiS my hand, the day of , . [Signature of] Justice of the Supreme Court of the State of New York. State of , County of , Clerk's Office. Notice is hereby given, that on , the day of > 18 > ™ pursuance of the foregoing order for twenty-four additional jurors, a panel of petit-jurors win be drawn at this office, to serve at a Circuit Court and Court of Oyer and Terminer, to be held in and for the county of , at the City Hall, in the city of on , the day of , 18 . [Signature of] Clerk. OONTKACTS. 253 General Principles. GHAPTEE XXin. OONTEAOTS. The law requires certain contracts to be reduced to writing and signed, in order to give them binding force. The object of tliis is to prevent misunder- Btanding, and preclude attempts to prove important contracts by false or loose verbal testimony in cases where the minds of the parties never actually met in agreement. The statute regulating this subject is called the Statute of Frauds. It is to the following effect : In the following cases, every agreement is void, unless such agreement, or some note or memorandum thereof, expressing the consideration,(a) be in writing, and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof; 2. Every special promise to answer for the debt, default or miscarriage of another person ; 3. Every agreement, promise or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels or things, for the price of fifty dollars, or more, is void, unless : 1. A note or memorandum of such contract be made in writing, and be sub- scribed by the parties to be charged thereby ; or, 3. Unless the buyer shall accept and receive part of such goods, or the evi- dences, or some of them, of such things in action ; or, 3. Unless the buyer shall, at the time, pay some part of the purchase-mjoney. No interest in lands, other than leases for a term not exceeding one year, nor any trust or power relating to lands, can be created, granted, assigned, sur- rendered or declared, unless by act or operation of law, or by a deed or con- veyance, in writing, subscribed by the party creating, granting, assigning, sur- rendering or declaring the same, or by his lawful agent, thereunto authorized by writing ; but this does not affect wills, implied trusts, etc. Another rule of law having the same object as one of its reaaous, is that where parties have reduced their intentions to writing, the terms of the written instrument, if clear and unambiguous in themselves, a.re deemed to be the best evidence of what is intended. And the writing cannot be contradicted or varied by parol evidence aiming to show that something different was de- A written contract executed by an agent on behalf of a known principal, ought to purport on its face to be the contract of the principal, and to be signed with the name of the principal, and not with that of the agent alone. A per- son may become bound by any mark or designation he sees fit to adopt, pro- vided he signs it as a substitute for his name, and intends to be bound by it. No technical words, or order of words, are requisite to make a condition pre- cedent or subsequent, but it depends on the good sense and plain understand- ing of the contract, and the acts to be performed. The same words may op- erate as either a condition precedent or subsequent, according to the nature of the transaction, and as evincing the intention of the parties. The precedency depends not upon the order of the clauses, but upon the order of time in which the intent of the transaction requires their performance. It is best, therefore, to have the conditions distinctly expressed, that there may be no doubt of the intention in this respect. (a) The requirement that tlie consider- peuleil in New York. Laws ^1868, 802, fttiou be expressed baa recently been re- eluip. 464. 254 ABBO : TS' FORMS. Contracts. In the case of formal and important contracts, it is usual to affix seals and to have the execution attested by witnesses. The effect of the latter formality is to require the party afterwards seeking to prove the contract in court, to pro- duce the same witness or account for his absence. If the instrument is not attested by a witness, other proof may be resorted to, such as the testimony of the party, handwriting, etc. PAGE 557. General form of contract, with provision for liquidated damages in case of breach 254 558. Contract executed by agents or attorneys in fact 255 559. Contract declaratory of the construction of a previous oontrnct 255 560. Contract with a clerk or workman 256 561. Contract to bind a minor to service in payment for his passage-money 256 562. Acknowledgment of the foregoing contract 256 563. Eailroad construction contract 257 56i. Contract by officers of a corporation, for construction of a locomotive engine 269 565. Contract for the construction of a steamship 269 666. Contract for the construction of engines for a steamship 270 567. Contract for the right to manufacture a patented article, paying a tariff to the patentee , 271 668. Contract between author and publisher, for publication of a book upon a copyright 272 569. Contract for sale of manuscript and copyright 278 570. Contract between printers and publishers, for publication on joint account. . 274 671. Agreement for sale and purchase of personal property 275 572. Contract for sale of goods at a price to be fixed by appraisal 275 673. Contract for sale of stock of goods and good-will of business, with covenant in restraint of the vendor 276 574. Agreement to sell shares of stock in a corporation or jeint-stock company. . 277 575. Contract for sale of land 277 576. The same ; with buildrng loan 278 577. Contract for sale of farm and mill ; payment in instalments 281 578. Stipulation as to terms of purchase-money mortgage 283 579. Stipulation as to time of taking possession and income 2S2 580^ Stipulation as to possession, taxes, etc 282 561. Provision that existing insurance shall inure to the' benefit of the purchaser. 283 682. Contract of several persons to unite in a purchase 283 588. Agreement for a lease 2S3 584. Contract for building .*. 284 585. Special stipulations which may be inserted according to the nature of the oa,se , 284 586. Contract for masons' work of a building. 285 587. Contract to build party wall , 287 588. Agreement for changing mortgage security , 288 657. General Form of Contract, With Provision for Liquidated Ba/mage» in Case of Breach, This ageeement, made the day of , one thousand eight hun- dred and , by and between A. B., of the town of , in the county of , manufacturer, of the first part, and Y. Z., of , merchant, of the second part, witnksseth : That the said party of the second OONTRAOTS. 255 General Forms, part covenants and agrees to and with the pai'ty of the first part, to \here insert the subject-matter of the agreementl. And the said party of the first part covenants and agrees to pay nnto the said party of the second part, for the same, the sum of dollars, lawful money of the United States, as follows: the sum of dollars, on the day of , 18 , and the sum of dollars, on the day of > 18 , with the in- terest on the amount due, payable at the time of each payment. And for the true and faithful performance of all and every of the cove- nants and agreements above mentioned, the parties to these presents bind themselves, each unto the other, in the penal sum of dollars, as liqui- dated damages, to be paid by the failing party. In witness wheekof, the parties to these presents have hereunto settheir hands [and seals], the day and year first above written. [Signatures, with or without aeals.1 [If attested by witnesses, add:} Signed, sealed and delivered in ) the presence of J [Signature of witnesses.} 558. Contract Executed by Agents or Attorneys in Fact, This agbeement, made this day of , 18 , between A. B., of , farmer, of the first part, by 0. D., his attorney, and Y. Z., ol , merchant, of the second part, by W. X., his attorney, wmnassETH: That the said party of the first part [etc., as in other forms to the end, sign- ing thus:} A. B. [Seal.} By 0. D., his attorney. T. Z. [Seal.} By W. X., his attorney. B59. Contract Declaratory of the Construction of a Previous Contract. This aoeeement, made the day of > 18 , between A. B., of , of the first part, and Y. Z., of , of the second part : "Whereas a difference has heretofore arisen between the parties to these presents, in relation to their respective rights and obligations under a cer- tain contract, made on the day of 5 18 , between them ; and the parties hereto have now come to a mutual nnderstanding and agree- ment respecting all the matters aforesaid, and propose to set forth the same in these presents, as declaratory of their respective rights and obligations from the date hereof, henceforward, for the government of themselves under the same : Kow, THIS indkntttee WITNESSETH, that the parties of the second part covenant, promise and agree to and with the party of the first part [etc, according to the nature of the case}'. • In WITNESS [etc., as in Form 55'I\ 256 ABBOTTS' FORMS. Contracts for Personal Services. 560. Contract With a Clerk or WorTcman, This ageeembnt, made this day of , 18 , between A. B., of , of the first part, and T. Z., of , of the second part, ■WITNESSETH : That the said A. B. agrees faithfully and diligently to serve the said Y. Z., as olerk, in the store of the said Y. Z. [or otherwise]^ at , for the period of from and after the day of next, for the sum of dollars per . In consideration of which service so to he performed, the said Y. Z. agrees to pay the said A. B. the sum of per mouth [payable as follows : on the day of , and on the day of each month following, during said term, and at the expiration thereof, the balance of such sum as has not then been al- ready paid]. And it is understood and agreed that the death of either of them occur- ring prior to the expiration of said term of , shall terminate this agreement. In witness [etc., as in Form 537]. 661. Contract to Bind a Minor to Service in Payment for Sis Passage- Money. This iNDBNTtTEE, made this day of , 18 , between A. B., an infant under twenty-one years of age — to wit: of the ^e of years on the day of 1 18 , coming from in , a foreign country beyond sea, of the one part, and Y. Z., merchant, of the city of , of the other part, witnesseth : That the said A- B., in pursuance of the statute in such case made and provided, and in consideration of the covenants hereinafter mentioned, does hereby bind himself to serve the said Y. Z. and his executors, administrators and assigns, for the fall term of from the date hereof, during all which time the said A. B. shall well and faithfully serve the said Y. Z. and executors, administrators and assigns, in all such lawful business as he shall be put to by him or them, to the best of the power and ability of the said A. B., and that he wiU at all times behave himself honestly and obediently in said service. In consideration whereof, the said Y. Z. having brought him from beyond sea as aforesaid, also covenants to and with the said A. B. : that he, the said Y. Z., wUl furnish and allow the said A. B. suitable and sufficient board, meat, drink, washing and lodging and apparel and all other neces- saries during the said term. In WITNESS [etc., as in Form 557]. 562. Acknowledgment of the Foregoing Contract. State of , ( County of . \ *'• On this day of > 18 , before me came the within-named A. B., to me known to be the person who executed the within contract, and on a private examination before me, acknowledged that the same was ma^e and executed by him freely, for the purposes therein expressed. {Signatmxe of magistrate^ OONTKAOTS. 257 Railroad Construction. 563. Railroad Construction Contract. Articles of agreement made this second day of July in the year 1850, by and between. & Company, of the one part, and the Central Railroad Company of New .Jersey, by their president, of the second part. Witness: that for and in consideration of the payments and covenants hereinafter mentioned, to be made and performed by said corporation, the said party of the first part doth hereby promise and agree to execute, con- Btruot and finish in every respect, in the most substantial and workmanlike, manner, and to the satisfaction and acceptance of the engineer of said cor- poration, the grading, masonry, bridging, and railway snperstracture of the said railroad, from its present terminus at White House to the village of Phillipsburgh on the Delaware Eiver opposite to Easton, being a distance of about twenty-eight miles. And the said grading, masonry, bridging, and railway superstructure shall be made and completed as described in the following specifications, on or before the first day of January in the year 1852, and sooner if practicable. GBADING. .1. Under the head of grading shall be included all excavations and em- bankments required for the formation of a road-bed for a single track and all turnouts ; also the preparation of all such depot grounds, sites for water stations, etc., as shall be required by the engineer ; the digging of all ditches, the foundations for masonry, changing the direction of streams, removing the bottoms in rock and clay outting.s, and all other excavations and em- bankments in any way connected with, or incident to, the construction of the railroad. 2. All grading shall be done and estimated by the cubic yard, measured in excavation, and shall be comprised under the three following heads — viz., "earth," "loose and shale rock" and "solid rook." " Earth excava- tion" shall include all varieties ; also all detached rocks, the dimensions of which shall not exceed one cubic yard; also all decomposed and rotten rocks, and shale rock on the top of cuts that can or may be ploughed, or can or may be excavated by using one pick to one shovel. "Loose and shale rock" shall include all varieties of shale rock, excepting as above specified, whether loose or solid ; and all rock that may be quarried or excavated with "Picks and Bars;"- and it is understood that under this class shall be included the whole of the red-shale cuttings, except such pai-t of the top of said cuttings as may come under the classification of earth as above specified. " Solid rock" shall include all rock not shale rook, found in ledge and requiring blasting. 3. The road shall be graded for a single track (except at depots, turnouts; and other places hereinafter provided for), with a road-bed of such width, and slopes of such inclination, as the engineer shall designate; and in con- formity to such depths of cuttings and fillings, and to such demarkations as may have been, or may hereafter be, determined and fi^ed upon as guides and boundaries for the work. 17 258 ABBOTTS' FORMS. Eailroad Construction Contract. 4. The surface of the road, when finished off and at grade, shall — except when the engineer shall otherwise direct — be fifteen feet wide on embank- ments, and twenty feet wide in excavations. 5. All clearing, grubbing, etc., that may be required on the sites of the excavations, embankments, depots, etc., shall be done; and the trunks, tree- tops, and other rubbish shall be removed to such distance, and disposed of in such manner as the engineer may direct, and no extra charge or allow- ance shall be made therefor ; it being expressly understood that the expenses attendant upon doing all such work are included in the price per yard to be paid for grading ; and in reference to grubbing, it is nnderstood that when not more than three feet below grade, shall be grubbed up and removed beyond the limits of the embankment. 6. The earth, gravel and other material, except stone suitable for masonry and other purposes, taken from the excavations upon any section, shall be used and applied in the formation of embankments on the same section ; and when the quantity of materials taken from any excavation shall be gi-eater than that required to make the embankment of the usual width, the surplus shall be deposited on one or both sides of the embankments in such manner as to increase their width uniformly, or in such other manner as the engineer shall direct. In cases where the quantity of materials taken from the excavations in any sections shall not be sufficient for the formation of the requisite embankment, the deficiency shall be supplied by materials taken from the adjacent grounds, at such places as the engineer may designate, or from an enlargement of the excavations made equally and uniformly on one side or both sides of the same, or in such other manner as the engineer may deem aeoessary and proper; and the sides of the excavations, in all such cases, shall be dressed off to such slope as the engineer shall require ; provided that 'if the contractors shall have sloped such excavations according to the directions of the engineer, before widen- ing the same, they shall receive for sloping the second time, such compensa- tion as said engineer may deem fair and reasonable ; provided, also, that the contractors shall not be required to supply the deficiency of materials last referred to at an expense of haul greater than the average haul of the section. , T. Whenever the route of the railroad is traversed by public or private roads, commodious passing-places shall be kept open for the accommodation of all having occasion to use them ; and whenever excavations or embank- ments may be required in order to establish or maintain such passes or crossing-places, the contractor engaged on the section traversed shall pre- pare such passing-places in such manner as the engineer shall direct, and keep them free from obstructions ; and whenever the route of the railroad shall approach so near to any public or private road as to render necessary the discontinuance of the same, and the construction of a new road, all excavation and embankment required in the construction of the same shall be done by the contractors if required by the engineer ; and, in payment for the same, af well as the work done at the crossing-places above-named, they shall receive the same price per yard as for other grading on the section. CONTRACTS. 259 Bailroad Constniotioii. 8. All stone taken from excavations shall be removed to sucli places, within the average haul of the section, as the engineer may designate, and such stone shall be the property of the corporation, excepting such as may be used by said & Company for masonry on the road. 9. The blasting of rocks in the progress of the work shall be at all tiiTies at the risk of the contractors, and all damages occasioned thereby shall be paid by them. 10. la filling over culverts and around masonry, the material shall be so hauled and deposited as not to cause improper strain on the arches or walls ; and when rook or other dry material, not subject to be affected by frost, can be obtained on the section, it wiU be hauled and deposited around the wing, walls and abutments of the bridges and culverts in such manner as the engineers may direct, subject to the same conditions as to extra haul as is provided for in borrowing earth. 11. The location of any part of the road may be altered, whenever the engineer may consider such alteration necessary and expedient ; and if said alteration be made on any section, or parts of a section, before the signing of the contract, the contractor's prices shall remain the same ; if made after- wards, such allowance or deduction shaU be made therefor as the engineei may judge fair and equitable to both parties. 12. The length of any sections may be either increased or diminished by the engineer, upon the same conditions that the location of a portion of the road may be altered, as stated in the 11th specification above. 13. Ballasting. — In all cuttings where the bottoms have been removed by directions of the engineer, the same shall, after the road-bed has been graded, be filled in with the best sand and gravel to be found on the line of the road, or hard shale rock free from any admixture of clay. The said ballasting to be procured from the nearest cuttings of a suitable character. 14. General Stipulations.— K\\ masonry shall be done and estimated by the cubic yard. 15. The right is reserved to the Central Railroad Company, acting by the engineer of the work, to dispense with any of the designated culverts or bridges, or to modify their dimensions. 16. The abutments, piers, arches, spandrels, parapets, walls and wings shall conform to the plans that may be furnished by the engineer. 17. The price paid per cubic yard shall cover and include every expense incurred in the construction of the masonry— such, for instance, as the cost of the stone, sand, lime, cement, centres, etc., as well as the actual work- manship. 18. The whole of the work shall be executed in the most substantial and workmanlike manner, to the full and entire satisfaction of the engineer of the company ; and all the materials used shall be subject to his approval and inspection before being used in the work. 19. OuherU.—Th& box culverts shall be built of rubble masonry, in a 260 ABBOTTS' FORMS. Eailroad Construction Contract. strong and workmanlike manner, the stones laid on their broadest beds, with good joints, and the work thoroughly banded with a proper propor- tion of headers and stretchers. The bottom of the vents shall be paved, wjjenever the engineer shall consider the same necessary — 'the stone to be of such size as to make the paving of the required thickness, without pla- cing one upon the top of another — to be very closely laid, and the whole well rammed or hammered down. The tops to be covered with strong stone, at least two feet longer than the vent is wide, and of such thickness as may be designated on the plans. 20. The walls of arch culverts to be built of the best description of rubble masonry. The arch sheeting to be of such depth as to lay the full thick- ness of the arch. Said sheeting, when of a rubble character, shall be laid in mortar, composed of equal parts of common lime aud Eosendale cement^ each mixed with two parts of clean, sharp sand ; and when hammer-dressed, the stone shall be cut or shaped so as to range transversely of the arch and conform to the radius of the circle of which the arch is a segment, and shall be laid and grouted in mortar. 21. The beick baheel culverts shall be built of the best quality of han] burned weather brick, and shall be well laid in mortar, composed of equa; parts of cement and clean, sharp sand, mixed with a proper proportion oi water. 22. Public road and farm hridges. — All the masonry of these^ bridges shall be of a rubble character, excepting the corner-stones and capping, which shall be hammer-dressed on the beds and tops, and have a chisel draft of one inch round the joints. The whole of the joints on the exposed snrfaoe of the abutments, piers and wing walls to be pointed with mortar. The arches of road bridges shall be built in conformity to the specifications for similar work in arch culverts. 23. Eiver bridges. — The masonry of these bridges shall be of the best description of " hammer-dressed work with lock face," in random courses, and shall he well laid in good mortar, composed of equal parts of common lime and Newark cement, or other cement equally good, and which may be approved. The face-stone shall be laid two stretchers to one header, the stretchers to average not less than eighteen inches in width upon the beds, and the headers three feet in length and eighteen inches in width. And there shall be not less than three bond-stones in the interior of wall in each course in height of the piers and abutments, and in the same proportion in the wings — containing at least six cubic feet. The backing shall be laid so as to have proper bond with the face-stones, and shall he cai-ried np at the same time ; and all irregularities or cavities formed by the irregular ends of the large stones shall be filled up and made solid. The whole of the out- side joints of the piers, abutments and wing-iyalls shall be neatly pointed with mortar, composed of equal parts of Newark cement and clean, sharp sand, mixed with a proper proportion of water. 24. Mortar. — All the mortar used, when not otherwise specified, shall bo composed of equal parts of common lime and Eosendale cement, each mixed witb two parts of clean, sharp sand. OONTEAOTS. 261 Eailroad Construotion. 25. The superstructure of the puhlio road and farm bridges to be built in a thorough and workmanhke manner, according to such plans, specifica- tions and bills of timber and iron as wUl be furnished from time to time by the engineer. 26. The superstructure of the four river bridges to be in spans of 130 to 168 feet, and to be built on the plan known as Howes' patent, or the plan known.as Pratt's patent, at the option of the engineer. The bridges across the South Branch, Musconetoong and Sohatcong rivers to have truss frames twenty feet in height from the lower edge of the bot- tom chord to the top of the upper chord, and an arch rib to be introduced — said rib to be connected with the lower chord by means of suspension rods. The truss frames of the Lapatcong Eiver bridge to be eighteen feet in height. The width between the trusses, in all the bridges, to be fourtegn feet. Where the spans are 150 feet, the trusses to have thirteen panels; and, if built on Pratt's plan, the trusses to contain an amount of timber and iron per running foot equal to what is contained in the bridge now building across the Connecticut Eiver at Greenfield. And if built on Howes' plan, the area of the bottom chord to he equal to 364 inches of timber = 13 x 28 inches, and of the top chord, 308 inches = 11 x 28. The main braces to be half 9 by 10 inches and half 8 by 10 inches. The counter braces to be 7 by 10 inches. The lateral and vertical braces to be equal to 6 by 6 inches. The arch rib to have a cross section equal to 180 square inches = 20 x 9 inches. The floor beams to he 6 by 13 inches and placed 5 in a panel. The track strings to be in two pieces, breaking joints each 6 by 12 inches. The floor plank to be two inches in thickness. The wall plates to be of white oak, 9 by 12 inches. A substantial guard-rail of timber to be placed.on each side of the track — say 9 by 12 inches— properly bolted and secured to the floor-beams. And a neat hand-railing to be erected on each side of the bridge of 5 by 5-inch stuff. The sides of the bridges to be covered with dressed clap- boards one inch in thickness, secured to proper furring. The whole of the exposed wood-work and iron to be painted with two good coats of white lead and oil. The entire top or deck of each bridge to be covered with the best quality of I. C. or M. F. lead plate tin, which is also to be painted with two coats of white lead and oil. One-third of the main truss bolts to be of IJ-inch round iron. One-third " " " of If-inch " And one-third " " of l|-iEch " The arch rib suspension rods to be of l^'-inch round iron — one'to eveiy panel The lateral bolts to be of l|-inch round iron. 262 ABBOTTS' POEMS. Railroad Construction Contract. The intersection bolts to be of |-incb round iron, and placed through every intersection of the braces, etc. The bridges to be secured to each abutment and pier by two anchor bolts of l|-inch iron. The angle blocks and bolt bearings to be of oast iron, and the splicing- pieces, keys and wedges to be of well-seasoned white oak. The whole of the timber used, except as above specified, to be of the best quality of white pine, free from all shakes, injurious knots, and sap. The bolts and suspension rods to be of Banfa's best refined iron, best Ulster iron, or other iron equal in quality, and which may be approved by the engineer. It is understood that the above specifications contain only the general dimensions for spans of 150 feet, and that detailed plans will be furnished or approved by the engineer for each particular bridge. And, notwith- standing any omission or oversight that may be> in the specifications or in the plans to be furnished or approved — necessary to complete the bridges in a substahtial and workmanlike manner — ^the contractors shall be bound to complete the same without any addition to the contract price. EAILWAY SUPBBSTEtrOTUEE. 27. The iron rails, chairs, spikes and cross-ties to be famished by the contractors. 28. The following is an approximate estimate of the quantities required for laying one mile of superstructure : 91 tons of iron rail.?. 3,500 pounds of wrought-iron chairs. 4,500 pounds of spikes. 2,300 cross-ties. 29. The iron rails to be of the pattern adopted by the Central Eailroad Company — the length of the bars to conform to the specifications of the en- gineer — and the quality to be equal to the best rails manufactured by Guest & Co., of South Wales. 30. The chairs to be of wrought iron^-to conform to the pattern to be famished by the engineer — ^to weigh about six pounds each, and to be made of iron of the best quality, which must stand bending and hammering when cold. 31. The spikes to be made from jj inch wire — to be 5| inches in length, and weigh about 6i ounces each. ■ To be made of the best quality of iron, and the head to be of .such form as may be approved by the engineer. 33. The cross-ties to be of good sound chestnut or white oak, 7| feet long, and when cut singly from round sticks to be hewed or sawed on two parallel sides to a width of at least six inches, and to measure not less than six inches in depth or thickness between the faces. The ends to be cut square and the bark removed ; or if sawed with four square edges, they will be received, if they are 6 by 7 inches ; or if sawed or split from round sticks, 12 inches or upwards in diameter, they will be received if they are 5 inches between the faces, thus — CONTRACTS. 263 Enilroad Constrliotiou. 83. The cross-ties shall be laid in the track at an average distance of about 2 feet, Sj inches apart, and shall be fairly, firmly and truly bedded by thorough ramming. The joint cross-ties to be selected of large size, and, if possible, more carefully and firmly bedded than the others. 84. The ends of the rails shall be gauged to fit the chairs, and notches shall be cut by a suitable and approved machine, to receive the spikes and prevent the rails from sliding endways. 35. The rails, previous to being laid on straight lines, shall be exactly straightened, laterally and vertically. 36. On curves, the outer rail shall be laid as much higher than the inner one as the engineer may direct ; and on all curves of a greater defalcation than 1^ degrees in 100 feet, the rails shall be permanently bent or curved, previous to being laid, to correspond with the curvature of the road ; and an often as may be necessary, rails shall be cut to keep the joints opposite. 37. The ends of the rails shall be placed not further apart than one- eighth of an inch in the coldest weather ; one-sixteenth, when the thermom- eter is at 'rO°(Far.), and nearly in contact in hot summer weather. 38. The joints' shall be made smooth and even on the top and inner side ; and when necessary to obtain a perfect joint, the rails shall be chipped off or filed ; and when their heights vary, a piece of sheet or hoop iron shall be inserted under the lowest to bring it up to the true level. 39. There shall be eight spikes to each cross-tie on which joints are made, and four to each intermediate cross-tie. Auger holes shall be bored in the cross-ties previous to driving the spikes, if deemed necessary by the engineer. 40. In laying the track, the cross-ties shall in no instance be laid more than 500 feet in advance of the iron rails, without the consent of the en- gineer. 41. It is understood that the base of the rail shall be from two to four tenths of a foot above the grade line of the road, and that the road-bed shall be graded so as not to vary more than five-tenths from the established grade above or below. 42. After the rails have been laid, the space between the rails and two feet on each side of the same shall in cuts be filled in with clean gravel, coarse sand, or hard shale rock, free from any admixture of clay, to the level of the top of the cross-tie ; and on embankments, the space be- tween the rails shall be filled to the same level as in cuts, and the sides formed in a regular slope from the base of the rail to the edge of the bank. The material required to be borrowed for filling in shall be procured by the contractors from the nearest cutting of a suitable character ; and when ma- terial is taken from the side of a cutting, it shall be done regularly, so as to leave the same of a sightly appearance. 43. Side ditches shall be dug or opened of suitable vridth and depth to carry off water from the road-bed ; and all rubbish of earth, timber or stone, shall be cleared off and removed ; and the outs and embankments formed in a regular declivity, so as to throw the water from the track to the ditches. In fine, the surface of the whole roadway shall be smoothed off and completed in a neat and workmanlike manner. 264 ABBOTl'S' FORMS. Kailroad Construction Contract. 44. All the necessary turnouts and crossings shall be made by the con- tactors, and in such manner as the engineer may prescribe. GBHKEAL PEOVISIONS. 45. For a more full explanation of the form and dimensions of materials and parts, and of the manner of constructing the work in all its details, plans, and, when necessary, bills of timber and plank will be furnished by the engineer, who will also give such directions, from time to time, during the progress of the work, as may appear to him necessary and proper, in order to make the work complete and perfect in all respects, as contem- plated in the above specifications ; and said plans, bills and directions shaU in every respect be complied with. 46. No claims shall be made or allowed for extra work, unless the same shall have been done in pursuance of written contracts or orders, signed by the engineer ; and all claims for work done under such written contracts or orders, or on any other account, shall be presented for settlement, on or about the beginning of the month following that in which said work may have been done ; or at any other time within three days after the engineer shall have demanded the same ; and in case of failure so to present them, the contractors shall forfeit all such claims, and hereby are pledged not to present them m any way afterwards. 47. The corporation will assure a right of way over the premises of land- owners, so far as may be necessary to afford the contractors access to their work ; but the contractors shall be responsible for all damage done to such premises, in consequence of leaving gates or fences open, and also for all depredations upon fences, wood lots or other property, by the workmen in their employ. 48. It is mutually agreed,' that the said company shall furnish the right of way on the line of said railroad ; but no claims for damages arising from delay that may in any case occur in obtaining title or possession shall be made by said contractors. But if possession shall not be obtained within three months from the date of this contract, then the said contrac- tors may give notice in writing of such detention, and shall be allowed for the completion of the portion of the work so delayed additional time equal to the period between such notice and the time possession shall be acquired. 49. It is agreed that this contract shall be prosecuted in such order, and at such places and parts of the work, and at such times and seasons, as tha said engineer may direct. And that the mortar masonry shall be laid up between the first day of AprU and the first day of November, and at no other season, unless by the special permission of the said engineer. 50. It is hereby agreed, that the work, during its progress, and the ma- terials delivered for the same, shall be subject to the inspection of the said engineer and his assistants ; and if any materials brought on for the use of the work shall be condemned by the said engineer as unsuitable, the con- tractors shall, if required, remove said materials entil'ely away from the CONTRACTS. 265 Kaib-oad Construction. lir.e of the work, so as to efifectually guard against their introduction into the same. 51. It is further agreed, that if any work is found necessary, of a char- acter not contemplated or provided for in this contract, that the railroad company shall have the right to let the same in a separate contract, pro- vided the prices for doing such work cannot be agreed upon between the said engineer and the said contractor?. 52. It is mutually agreed that the Central Railroad Company will be at the expense of transporting the iron rails from New York to White House, and that the transportation of all other materials required under this con- tract shall he at the expense of the said contractors. 53. It is understood and agreed that the contractors shall be allowed to use the iron rails for the purpose of temporary track ; and that a sufficient . quantity for this purpose shall be delivered by the railroad company at White House as soon as may be required by the said contractors. 54. It is also understood and agreed, that the railroad company are to furnish the use of a locomotive engine and gravel cars for ballasting the road-bed and filling the track — the said contractors paying all expenses connected therewith. 55. It is also understood and agreed, that the railroad' company, by their engineer, may change the location on sections 17 and 21, so as to equalize the excavation and embankment, and that the grading on the road may be increased in either direction two feet per mile ; and that for said changes and alterations no addition or deduction shall be made from the prices spe- cified in this contract. 56. And the said contractors hereby agree that they will perform the work under this contract as before specified ; but any alterations in the form, dimensions or materials of said work, which may be directed in writing by said engineer, shall be made by said contractors as directed ; and if the work shall be rendered thereby more expensive, they shall be en- titled to such extra compensation as said engineer shall estimate to be just and reasonable ; and if such alteration shall make the work less expensive, then a deduction shall be made, as said engineer may estimate to be just and equitable. 57. It is further understood and agreed that the specifications, condi- tions, obligations and prices, specified in this contract, shall regulate and bind the contracting parties, without reference to former proposals or under- standings. And for a failure to make and complete said grading, masonry, bridging and railway superstructure within the time fixed for completion, tlie engineer shall assess such damages as he may think just and reasonable, and charge said party of the first part with the amount thereof ; or the said engineer may employ other help to hasten the completion of the work, within the said specified time, and the expense of such help shall he paid by said party of the first part ; or in case it should appear to said engineer that the work had not progressed with sufficient rapidity, he shall have the power to determine that the contract has been abandoned ; and in the event of such determination, this agreement, on the part of said corporation, shall 266 ABBOTTS' FOEMS. Eailroad Construction Conti'act. become null and void, and any balance of money due shall be forfeited by the said party of the first part to the said corporation ; and the said engineer shall have full right to contract with any person or persons instead of the said party of the first part, their heirs, executors or administrators, for the completion of said work; and the said party of the first part hereby covenant and agree that they will not molest, hinder or interrupt the said corporation, or those employed by them, in the prosecution of said woi-k. And the said party of the first part may sublet the grading and common masonry, but shall not let or transfer any other part of the work to any other person or persons without the consent of the engineer. And to avoid disputes, and interruption'?, and hindrances to the regular and peaceable progress of the different parts of the work, and to prevent unnecessary injui'y to the rights, property and persons of residents in the vicinity, or of persons traveUing on or near the line of- said Central Railroad of New Jersey, said engineer shall have power to dismiss from the service of the said party of the first part, every quarrelsome disorderly person, and such as shall be addicted to habits of intemperance ; and the said party of the first part shall not employ any person who has been so dismissed from the service of any other contractor ; and furthermore, the said party of the first part shall not sell or furnish spirituous liquors, either to persons in their employ, or to any other person or persons on or near the line of said road. This provision is understood as prohibiting entirely the use of ardent spirits as above, and its infringement will subject the said party of the first part to the dismissal and forfeiture hereinafter mentioned. In condition of the fulfilment by the said party of the first part of the foregoing provisions of this contract, the said Central Railroad Company of New Jersey, hereby promises and agrees that they shall and will, foi doing and performing the work, as aforesaid, pay or cause to be paid to the said party of the first part, their heirs, executors or administrators, at the rate of 21f cts. Twenty-one and three-quarter cents for every cubic yard of earth excavation, as described in the specifications. 47 cts. Porty-seven cents for every cubic yard of loose and shale rock as described in the specifications. $1.00 One dollar for every cubic yard of solid rock as described in the specifications, aijcts. Twenty-one and three-quarter cents for every cubic yard of ballasting. |3.83 Three dollars and eighty-three cents for every cubic yard of dry rubble masonry in box and arch culverts. $5.00 Five dollars for every cubic yard of rubble masonry in box and arch culverts laid in mortar. $7.65 Seven dollars and fifty-five cents for e^ery cubic yard of rubble arch sheeting in culverts and road bridges laid and grouted in mortar. $11.60 Eleven dollars and fifty cents for evevy cubic yard of hammer- dressed arch sheeting in culverts and road bridges laid and grouted in mortar. OONTEAOTS. 267 Railroad Construction Contract $9.45 Nine dollars and forty-five cents for every cubic yard of brick- work in barrel culverts laid in cement. $5.78 Five dollars and seventy-eight cents for every cubic yard of masonry pointed ■with mortar in public road and farm bridges. $7.65 Seven dollars and sixty-five cents for every cubic yard of "ham- mer-dressed work with rock face" laid in mortar in the four river bridges. $6.76 'Six dollars and seventy-six cents for every cubic yard of "ham- mer-dressed work with rook face" laid dry in the four river bridges. $6.62 Six dollars and sixty-two cents for every cubic yard of rubble masonry Laid in inortar in the four river bridges. $6.21 Six dollars and twenty-one cents for every cubic yard of rubble masonry laid dry in the four river bridges. 21f cts. Twenty-one and three-quarter cents for every cubic yard of earth excavation in foundations for masonry. 47 cts. Forty-seven cents for every cubic yard of loose and shale rock in foundations for masonry. $1.00 One dollar for every cubic yard of solid rock in foundations for masonry. It being understood that the railroad company are to pay the actual expense of keeping the foundations clear of water. $5.90 Five dollars and ninety cents for every cubic yard of concrete used in foundations. $35.42 Thirty-five dollars and forty-two cents for every thousand feet, board measure, of hemlock timber and plank, including workman- ship, used in foundations. $47.24 Forty-seven dollars and twenty-four cents for every thousand feet, board measure, of pine timber and plank, including workman- ship, used in public road and farm bridges. $53.14 Fifty-three dollars and fourteen cents for every thousand feet, board measure, of white oak or chestnut timber and plank, in- cluding workmanship, used in public road and farm bridges. 14 cts. Fourteen cents for every pound of wrought iron, including workmanship, used in public road and farm bridges. $37.20 Thirty-seven dollars and twenty cents for every linear foot of bridge superstructure in the four river bridges, built according to the plans and specifications. 4i cts. Four and a quarter cents for every pound of wronght-iron chairs used in the permanent tracks of said road. 4J- cts. Four and a quarter cents for every pound of raUroad spikes used in the permanent tracks of said road. 35 cts. Thirty-five ceiits for every cross-tie of white oak or chestnut used in the permanent tracks of said road. $826.00 Eight hundred and twenty-five dollars for evei-y mile of single railway of two tracks laid; includes the hauling and distributing of the iron rails, chairs, spikes, and castings from White House ; ' hauling and distributing the cross-ties from heaps one mile apart; laying the cross-ties; cutting, laying, straightening and spiking 268 ABBOTTS' FORMS. Bailroad Construction Contract. rails ; filling track with sand or gravel ; removing surplus earth ; opening side ditches, and trimming and dressing the road-bed complete according to the specifications contained in this contract. $53.12J Kfty three dollars and twelve and a half cents for every ton of iron rails delivered at White House or used in the permanent track of said road, of the pattern famished by the engineer of the company, and equal to Gruest & Oo.'s iron. And for furnishing seventy thousand dollars ($70,000) in cash, as re- quired, towards payment of the right of way, fencing, engineering, etc., the said & Co. agree to receive in payment full stock of the said Central Railroad Company of New Jersey at par. And in addition to the prices above stipulated, the said Central Railroad Company of New Jersey hereby agree to pay to the said & Co., contractors, a bonus ot thirty thousand dollars ($30,000) in the full stock of the company, payable whenever the above sum of seventy thousand dollars shall have been fully paid in cash, the iron rails deposited at White House and the work com- menced to the satisfaction of the engineer of the company. It is also understood and agreed that the stock for the cash, as advanced, and the bonds for the iron rails, as delivered, shall be paid by the said Central Railroad Company of New Jersey to the said contractors, without any with- holding of 1 5 per cent., as is herein stipulated in relation to all other payments. Payments during the progress of the work, excepting as above specified, will be made in the following manner — that is to say, each and every month during the progress of the work the company aforesaid shall pay eighty-five per centum of the relative value of such work as may have been done, or materials delivered, to be estimated as to quantity and value by the said engineer, until the whole of the work hereby contracted for shall have been accepted as completed agreeably to contract, when the balance due shall forthwith be paid the said • & Co., their heirs, executors or ad- ministrators. Said payments to be made in the seven per cent, mortgage bonds (not convertible) of the said Central Raihoad Company of New Jer- sey, payable July 1st, 1870, with coupons attached, payable semi-annually. And the said engineer shall be the sole judge of the quality and quantity of all the said work herein specified, and from his decision there shall be no appeal. And it is hereby further agreed, that if the said parties of the first part shall not, on then- part, well and truly perform all the covenants herein contained, said engineer may dismiss them from the work, and, in that event, tais contract shall become null and void ; and any balance for work done on said road, which would have been due the said parties of the first part, shall be forfeited and shall become the right and property of the corporation. And tt is hereby further agreed, that all patent rights and fees connected with the superstructure of the bridges embraced in this contract, are to be paid by the contractors, and if not paid by them, may and shall be kept out and from any moneys due, or whiah may be due from said corporation to said contractors. It is mutually understood that when the word engineer is mentioned in this contract, it is intended and meant to designate the engineer of the Central Railroad Company. CONTRACTS. 269 Construction of Engine ; — Steamship. In wiTirass -wbebbof, we have hereunto set our hands and seals, this day of , in the year 18 , in duplicate. ISignatures and seals.] 564. Contract by Officers of Corporation, for Construction of a Locomotm Engine. Memoeandttm of agreement between A. B. and 0. D., composing the firm of A. B. & Co., of , aud W. X., president of the Company, and T. Z., treasurer of the Company — viz. : A. B. & Co. agree to build for the said companies one locomotive engine and tender," as described below, and deliver the same at on or before the day of next, for the sum of dollars, payable in the city of [in the draft of W. X., president, accepted by T. Z., treasurer], at months from delivery, interest being added at seven per cent, per annum. DESOEIPTION OF ENGINE AND TENDEE. Both engme and tender to be constructed in the best manner, of the best materials, and the power and efficiency of the engine warranted sufficient to carry one hundred tons, of two thousand pounds per ton, of empty cars on an ascending grade, not exceeding forty feet to the mile, with a curve not less than six hundred feet radius, and at a speed not exceeding ten miles per hour. And the said W. X., president, and T. Z., treasurer, agree to receive the said engine and tender, when ready for delivery as aforesaid, and to pay therefor the said sum of dollars, in the draft so accepted, interest being added as aforesaid. In witness {etc., as in Form 557]. 565. Contract for the Construction of a Steamship. This agbeement, made this day of , one thousand eight hundred and , between A. B. and C. D. (doing business in the city of , under the firm-name of B. & Co.), shipbuilders, of the first part, and W. X., of , and T. Z., of , of the second part, WITNESSETH, that the parties of the first part, in consideration of the agreements herein made by the parties of the second part, agree, with the parties of the second part,* I. That they will construct, build aud complete, for the said parties of the second part, a steamship of the dimensions and materials mentioned in the specification hereunto annexed, and in all particulars conforming to the said specification and to the directions which may be given by the superin- tendent of such building herein named, for the sum or price of dol- lars, to be paid therefor as hereinafter mentioned; the said steamship to be launched on or before tbe day of next, and so soon as launched to be placed at the disposal and under the direction of the said superintend- ent, at , for the purpose of receiving her engines and machinery, and 270 ABBOTTS' FORMS. Contracts for Construction of Vessels. thereafter to he fully completed as soon as the said superintendent shall re- quire. II. That they will furnish all the materials for the said steamship ac- cording to the said specification, excepting only such as by the express terms of the said specification are to be furnished by the owners (the par- ties of the second part), the whole to be built and constructed of materials of the best quality, and in the best and most workmanlike manner ; and, in every particular which is not specifically named and provided for in the said annexed specification, the said steamship shall be built and constructed of such materials, and in such proportions of each, and in such manner, in every respect, as the said superintendent may direct. III. The parties of the second part, upon condition of the true and faith- ful performance of all things herein agreed by the parties of the first part to be done and performed, do hereby agree to pay to the said parties of the first part, for the building of the said steamship, the said sum of dol- lai-s by instalments, as the materials therefor are delivered and the work progresses ; the first payment to be made when the keel is laid, and the other payments at the end of every month successively thereafter, and the amount of such payments respectively to be in the same proportion to tlie whole amount to be paid, which the work done and materials delivered shall bear to the whole work and materials required for the full perform- ance of this agreement by the parties of the first part. IV. And it is hereby mutually agreed, that the above-named W. X. shall have the superintendence and direction of the building and construction of the said steamship, as the superintendent herein above and in the said speci- fication named. In witness [etc., as in Form 557]. 566. Contract for the Construction of Engines for a Steamship. \As in the preceding Form to the *, continuing thus .•] I. That they will furnish all the materials for, and wiU construct, build and complete, finish, set up, secure and perfect in all their parts, and with all their appurtenances ready for sea, for the said parties of the second part, two side-lover low-pressure steam marine engines, with four boilers of the dimensions, matex-ials and workmanship mentioned in the specification hereto annexed, and in all particulars conforming to the said specification and to the directions which may be given by the superintendent of such construction in the said specification named, and with all the tools, fixtures and appurtenances therein mentioned or referred to, or to the same properly belonging or appertaining. n. That said engines ^nd boilers, with all their said tools, fixtures and appurtenances, shall be put up, secured and fully completed in readiness foi sea, on board of a steamship now building for the parties of the second part, by Megsrs. M. K & Co., of the city of , and- shall be, in every respect, ready for use on or before the day of , one thousand eight hundred and III. That all of the materials for the said engines and boilers, with the CONTRACTS. 271 Patent Eights. tools, fixtures and appurtenances, shall be furnished by them of the descrip- tion in all respects conforming to the said specification, and of the best quality ; and that the whole shall be built, constructed, put up, secured and fully completed in the most workmanlike manner. IV. That in every particular which is not specifically named and pro- vided for in the said hereto annexed specification, the said engines, boilers, tools, fixtures and" appurtenances shall be built, constructed, put up, secured and fully completed of such materials, and in such manner in every respect, as the said superintendent may direct. V. That they will progress with the said work with such rapidity as shall, in the judgment of ,'the engineer mentioned in the said specifi- cation, be sufficient to insure the completion thereof by the times above appointed. VI. And the said parties hereto of the second part, upon condition of the true and faithful perfornMmce of all things herein agreed by the parties of the first part to be done and performed, do hereby agree to pay to the said parties of the first part tliersfor, the sum of dollars, by instal- ments, as follows — to wit : dollars (part thereof) is paid simultaneously with the execution of these presents, and the receipt thereof is hereby ac- knowledged by the parties of the first part ; dollars is to be paid on the day of next [etc., etc.] ; and the residue of dollars so soon as the said steamships are in all respects fully completed, and the said engines, boilers, fixtures and appurtenances proved by a satisfactory trial to be constructed, built, put in, secured and completed in all respects ac- cording to the provisions of this agreement and the said specification. VII. And the said parties of the second part, in like manner, further agi-ee to pay the patentee or owner of the patent for the privilege of using which- ever cut-off, mentioned in the said specification, the superintendent may direct to be used on the said ship. Vm. And the said parties of the second part, in like manner, further agree to "pay to the parties of the first part, when the ships are completed as aforesaid, for the sheet-iron work in the coal-bunkers and the coal- scuttles to the same, after the rate of cents per pound, of finished work ; and for cast-iron work to the same, per pound, of finished work. In witness [etc., as in Form 657]. 567. Contract for the Sight to Manufacture a Patented Article, Paying a Tariff to the Patentee. Tms AGEEEMENT, made this day of ,18 , between A. B., of , patentee, of the one part, and Y. Z., of , manufacturer, of the other part, witnesseth : Whereas, A. B. is proprietor of an invention for [here desaribi it], and of letters patent issued therefor by the United States of America, bearing date the day of , 18 ; and whereas the said A. B., for the considerations hereinafter contained, hath agreed with the said Y. Z. to license and authorize the said Y. Z., his executors, adminis- trators and assigns, to make and vend the patented articles specified in the 272 ABBOTTS' FORMS. Coutraets respectino^ Patents and Copyrights. said patent, during the continuance of the said patent, or any renewal thereof, in manner hereinafter particularly specified : Now, in pursuance of the said agreement, and in consideration of the covenants and agreements herein- after entered into on the part of the said Y. Z., and in consideration of dollars paid to the said A. B. by the said Y. Z., the receipt whereof is ac- Isnowledged, the said A. B. doth hereby give and grant unto the said Y. Z , his executors, administrators and assigns, during all the residue of the term of by the said letters patent granted, and yet unexpired [and also during all such future term or terms, as may be hereafter granted, by way of any new patent, or renewal of the now subsisting patent or otherwise], full and free liberty, license, power and authority to make, vend or sell, either wholesale or retail, within [here specify the limits] the said invented and patented articles, and to receive to his and their own use all profits and advantages which shall or can be made by the making and selling of tlie said patented articles within the said limits, and that without any let, suit, trouble or hindrance of, from or by him, the said A. B., his executors or administrators, or any other person or persons claiming to hold and use such invention as aforesaid, from, by, under or in trust for him or them, by virtue of the said letters patent, or otherwise. And the said A. B., for himself, his executors, administrators and assigns, hereby covenants with the said Y. Z., his executors, administrators and assigns, that he, the said A. B., his executors, administrators and assigns, will not at any time during the residue of the said term, or any such fiiture term, grant any license to any other person to make or vend the said ar- ticles within the aforesaid limits, without the special license and consent of the said Y. Z., his executors, administrators or assigns, in writing, under their hands, first had and obtained. And it is farther agreed between the said parties, that in case any person shall infringe the said letters patent [within the said limits], the said Y. Z., his executors, administrators and assigns, may at his or their option, in the name of the said A. B., his executors, administrators and assigns, and for his and their benefit, commence, sue and prosecute all such suits or actions as shall be judged expedient, against any person or persons who shall make such infringement; and for this purpose, the said A. B. constitutes the said Y. Z., his executors, administrators and assigns, the lawful attorney irrev- ocable of the said A. B., at the costs and to the use of the said Y. Z., his executors, administrators and assigns, to commence and prosecute in the name of the said A. B. all such suits and actions as aforesaid. In wiistess [etc., as in Form 557]. 668. Contract Between Author and Publisher for Publication of a Booh Upon a Copyright, Memoeanddm of agreement made this day of , one thousand eight hundred and , between A. B., of , author, party of the first partj and Y. Z. & Oo., of , publishers, parties of the second part Whereas the party of the first part has in preparation a work entitled for the publication of which the parties are desirous to provide: CONTRACTS. 273 Respecting Copyrights. It is aghebd by the parties hereto, contracting for themselves and tlieir personal representatives and assigns, respectively, as follows : The party of the first part gives to the parties of the second part the ex- clusive right to publish, during the full term of the copyright thereof [each volume of] said work, and upon the following terms ; The parties of the second part shall take out a copyright [upon each vol- ume] of said work, in due form of law, in the name of the party of the first part, in the district of his residence, and deliver to him the certificate there- of, and receipts for the volumes required by law to be deposited, which copyright he shall hold subject to this contract. They shall,deliver to him, free of cost, copies [of each volume] of said work. They shall pubhsh said work in good style, as soon as practicable after receiving the manuscript, and in such manner as they shall deem most ex- pedient, and shall keep the market at all times fully supplied therewith. They shall render to him, semi-annually, as soon as practicable after the day of and the day of in each year, an account of the number of copies [of each volume] of the work which they shall have sold during the six: months preceding such day, accompanied by the certificate of the printer to the number printed [or, and shall exhibit to him, on re- quest, their manufacturer's books, showing the number printed] during tlie same period ; and they shall at the same time pay to him for copyright, for all copies sold by them as aforesaid, per cent, of the regular retail price. In case the parties of the second part fail to perform eitlier of the condi- tions of this contract on their part, the right to publish the work shall re- vert to the party of the first part; and he shall then have the right of pur- chasing the plates [and engravings] then used in publishing the work, at a fair valuation. In witness [etc., as in Form 567]. 569. Oontraetfor Sale of Manuscript and Copyright. MEM0EA.NDTJM of agreement made this day of > 18 , between A. B., of , author, party of the first part, and Y. Z., of , pub- lisher, party of the second part, witnesseth: that said party of the first part, in consideration of the sum of dollars, agrees to sell, and does sell, to the party of the second part, the manuscript of a work entitled , written and to he prepared for the press by him ; and he, the said A. B., also agrees to examine and correct the proof-sheets thereof as they shall be furnished to him from time^to time during the -printing or stereo- typing thereof. The said Y. Z. and his personal representatives and assigns are to have the exclusive right to take out and own the copyright and the renewals of the copyright thereof. And the said Y. Z., for himself, his per- sonal representatives and assigns, agrees to pay the said A. B. in the man- ner following : dollars on the signing of this contract, dollars when the Tj^hole copy, including the index, shall be ready for the printer, and the balance when the proof-sheets shall have all been corrected and returned 18 271 ABBOTTS' FORMS. Contract for Publication. to the printer ; and also agrees to furnish to the said A. B. bound copies of the work within a reasonable time after the said A. B. shall have completed his labors ; the whole of said proof-sheets to be furnished the • said A. B. within a reasonable time after the delivery of the manuscript. And it is further agreed, that in case the said work shall fall short of pages of the size and style of the work known as , exclusive of index and contents, then the said A. B. is to receive, and the said Y. Z. is to pay, a sum so much the less, in proportion to the actual number of pages ; but in case said work shall contain more than pages, the sum to be paid therefor is not to be increased. In witness [etc., as in Form 557]. t 570. Contract Between Printers and Publishers for Publication On Joint Account. Memoeandum of agreement, made this day of > 18 , between A. B., of , printer, of the first part, and T. Z. and 'W. X., composing the firm of Z. & Co., of , publishers, of the second part : Wheebab the party of the first part is the proprietor , of the works of , and whereas the parties of the second part are desirous of becoming the pub- lishers of the same, the following points are agreed to, by and between the contracting parties : 1. The profits of each volume shall be equally divided between the two parties to this contract, said profit consisting of the difference between the actual cost of manufacturing each volume, and the wholesale price of the same, said price to be fixed permanently, so far as this contract is con- cerned, at cents, and the party of the second part agi-ees to sell the books at that price, except in small lots of less than , and on trade account. The cost of manufacturing shall be made up by said party of the first part by charging the paper used at cost, the printing at his usual rates for works of a similar class, and according to numbers ordered, and the regular price for folding, collecting, waste leaves and tissue paper, adding thereto the cost of plate paper, printing plates, cases and any other expense that would legitimately belong to the manufacture of the book. 2. The expense of circulars and advertising of the series to be divided equally between the two parties hereto, an accurate account to be kept of the same, and rendered on the days of and in each year, the balance due from either party to be paid to the other in cash. The extent of advertising, and the amount to be expended for circulars and advertising, to be regulated by mutual agreement. 3. The party of the fii-st part agrees to abate the copyright and use of plates, on all copies of each new volume given for editorial purposes, to the number of copies, said abatement to be made on settlement of adver- tising accounts, on the days of and of each year, an accurate account to be kept of what copies are presented, and to whom given, by the party of the second part. 4. The party of the second part to take of each new volume as issued, copies and of subsequent editions copies. CONTRACTS. 275 Sales of Chattels. 5. Payments to be made by the party of tbe second part to the party of the first part, by note at months from average time of the delivery of the books. 6. The books to be made in the same style, and uniform with, and not Inferior in quality to, the volumes as formerly published by Y. AU copies of the books delivered in sheets, or folded and collected, to the party of the second part, to be subject to the proper deductions for binding. 8. The party of the first part, in consideration of the above, agrees to give to the party of the second part the exclusive right to publish the same. It is imdefstood and agreed that this contract shall be in full force and binding for the term of three years from this date, and thereafter, until one party shall have given to the other ono year's notice in writing, signifying their wish to annul this contract ; and in case no satisfactory arrangement can be made for the settlement, of each party's interest in the same, an arbitrator shall be chosen by each party, which said arbitrators shall choose a third arbitrator, and their decision in the case shall be final and binding on all parties. In case of the insolvency or death of the party of the first part, or the insolvency or such dissolution of the firm of the party of the second part, as shall imfavorably afiect their standing and credit, it shaU be considered the same as though the three years had expired, and the one year's notice of desire to terminate the contract had been given, and ar- bitrators shall be appointed to settle the matter as provided above, if the parties or their executors cannot agree to a settlement. In witness [etc., as m Form 557]. 571. Agreement for Sale and, Purchase of Personal Property, Tms AGEEBMENT, made this day of , 18 , between A. B., of , farmer, and T. Z., of , merchant, witnesseth : That the said A. B., in consideration of the agreement hereinafter contained, to be per- formed by Y. Z., agrees to sell and deliver to the said T. Z., at his store- house, in [here specify the goods, and if desired the quality as well as quantity], on or before the day of , 18 . And the said T. Z., in consideration thereof, agrees to pay to the saidA. B. the sum of dollars per , for the said , inmiediately upon the completion of the delivery thereof. In witness [etc., as in Form 537]. 672. Contract for Sale of Goods at a Price to he Fixed ly Appraisal. Memorandum of agreement made this day of , 18 , between A. B., of , and Y. Z., of , witnesseth : That it is hereby agreed by the said parties, that all and singular the household goods, furniture and stock in trade, which are the property of A. B., and contained in and belonging to the store and dwelling now occupied by the eajd A. B. [or, which are mentioned in the schedule hereunto annexed], shall, at the joint and equa: charge of the said parties, be appraised by M. N. and 0. P., on- 276 ABBOTTS' FOEMS. Contracts for Sale of Personal Property. or before the day of next, when the said M. N. and O. P. shall, in writing by them signed, give in their appraisement to the said parties ; and in case the said appraisers shall differ in such valuation, then a third indifferent person chosen by them as an nmpire shall determine the same, whose valuation in writing by him signed shall be given in io the said parties, within three days after his election. And the said A. B. covenants with the said Y. Z. that, immediately after such valuation being made, he wiU make and deliver an absolute bill of sale, of all the said goods, furniture and stock in trade, and will give possession thereof unto the said Y. Z., at the price the same shall be appraised at as aforesaid. And the said Y. Z. hereby covenants with the said A. B., that he will accept the said property at such price, and, on the delivery thereof with the bill of sale, will pay tc the said A. B. the sum of money at which the same shall be appraised as aforesaid. In witness [ete., as in Form 5B7]. 573. Contract for Sale of Stock of Goods and Good-will of Business, With Covenant in Sestraint of the Vendor. This agrebmbnt, made the day of , in the year 18 , between A. B., of , and Y. Z., of , witnesseth : That the said A. B., for the consideration hereinafter specified, agrees to sell to the said Y. Z., and the said Y. Z. agrees to buy of the said A. B., all the stock of goods, wares and merchandise belonging to the said A. B., and now being in the store occupied by him in , together with the furniture atid ■fixtures thereunto appertaining, and also all the merchandise of every name and nature, bought or contracted for by the said A. B., and intended for sale in the said store, and the good-will of the business heretofore carried on there by A. B. The stock of goods, wares and merchandise is to be in- ventoried to the said Y. Z. at the original cost, without including trans- portation expenses ; and deduction is to be made for any depreciation in value on account of damage, wear or tear; and the furniture and fixtures are to be inventoried at their fair cash value. If the parties cannot agree as to such valuation and deduction, the same shall be [here may insert clause as to appraisal, «« in Form 572]. Said inventory is to be completed within days from the date hereof, and the property above specified delivered to the said Y. Z. immediately thereupon, or upon the completion and delivery of the appraisal. In consideration thereof, the said Y. Z. agrees to execute and deliver to the said A. B., upon delivery of said goods, as full payment of [or, to secure the payment of] the purchase-money of the same, his promissory note or notes, in such several sums as th& said A. B. shall direct, payable at months after date, at the Bank, with interest [and indorsed by M N., of ]. And the said A. B. further covenants and agrees to and with the sai^ Y. Z., that he wUl not, at any time hereafter, engage, directly or indirectly, or concern himself, in carrying on or conducting the business of , either as principal, agent or servant, vrithin of the aforesaid premises BOW occupied by him as aforesaid for such purpose. CONTEAOTS. 277 Sale of Stock ; — ot Lauds. And it is expressly understood that the stipulations aforesaid are to apply to, and to bind the heirs, executors and administrators of the respective parties; and in case of failure, the parties bind themselves, each unto the other, in the sum of dollars, as liquidated damages, to be paid by the failing party. In witness [etc., as in Form 557]. 574. Agreement to Sell Shares of Stock in a Corporation or Joint-stocJc Company. This agebement, made the day of > 18 , betvreen A. B., of , merchant, and T. Z., also of said place, broker, witnesseth: That the said A. B. agrees to sell and convey to the said Y. Z., on or before the day of next, shares of the capital stock of the Company, now owned and held by the said A. B., and standing in his name on the books of the said company, and to make and execute unto the said Y. Z. all assignments, transfers and conveyances, necessary to assure the same to him, his executors, administrators and assigns. In consideration whereof, the said Y. Z. agrees to pay unto the said A. B., for such stock, dollars per share [or, the average cash market price of the same, for and dming days preceding the said day of , to be determined by the sales made in the board of brokers in ], the same to be payable as soon as the said assignment and the scrip of stock so assigned shall be properly executed and delivered to the said Y. Z. In witness whbbbof, the said parties have hereto set their hands [and seals] the day and year first above written. [Signatures, with or without seals.] 575. Contract for Sale of Zand. Aetiom;s of ageeement, made the day of , one thousand eight hundred and , between A. B., of , merchant, of the first part, and Y. Z,, of , counsellor at law, of the second part, witness- eth : That the said party of the first part, for and in consideratiou of the sum of dollars, to in hand paid [or, to be fully paid as herein- after mentioned], has contracted and agreed to sell to the said party of the second part, all that certain piece or parcel of land, situate in the town of , in county and State of [here insert brief descrip- tion— e. 18 , between A. B., of , and Y. Z., of , witnesseth : That whereas the said A. B. hath this day sold and conveyed unto the said Y. Z. certain lands, situate in the village of ; and, in order to secure the payment of the sum of dollars, part of the consideration therefor, the said Y. Z. has ex- ecuted and delivered to the said A. B. a mortgage upon said premises, to- gether with his bond for the payment of the said sum : and whereas it is the intention of the said Y. Z. to divide the said premises into village lots, and to sell and convey the same to third persons : Now, thebRoee, the said A. B., in consideration of the premises, does for himself, his heirs, ex- ecutors, administrators and assigns, covenant and agree to and with the said Y. Z., his heirs, executors, administrators and assigns, that he aud they shall at all times hereafter have the right of changing the security above mentioned, by substituting, instead of the same, or of any part thereof [here specify the substituted security allowed^ ; and that he, the said A. B., his heirs, executors, administrators or assigns, will, upon request to him or them tnade, forthwith execute and deliver to the said Y. Z., his heirs, ex- ecutors, administrators or assigns, a good and sufficient discharge of the said mortgage \or, good and sufficient releases of the lien upon any portion of the premises therein described], whenever the said Y. Z., his heirs, ex- ecutors, administrators or assigns, shall furnish the said A. B., or his repre- sentatives, as aforesaid, with .such other security as above mentioned. In witness \ete,, as in Form 557]. CORONERS. 289 Oatlis of Jurors. SiibpCEiui. CHAPTEE XXIV. CORONERS. The duties of coroners are prescribed in detail in the statutes. The follow- ing forms relate to proceedings in cases of inquests held by them. PACIC 589. Oath of the foreman of acoroner's jury 26!i 590. Oath of other jurors iW 591. Subpoena for witnesses 2SH 592. Attachment against a witness not appearing 29U 598. Oath of witness on coroner's ihquest 290 594. Examination before coroner and jury 290 595. Inquisition 290 596. Warrant of coroner for arrest of person charged by the inquest 291 589. Oath of the Foreman of a Coroner's Jury. Tou do swear that you will well and truly inquire how, and in what manner, and when and where, the person lying' here [or, whose body you have just seen], came to his death [or, was wounded], and who such per- son was, and into all the circumstances attending such death [or, wound- ing], and by whom the same was produced ; and that you will make a true inquisition thereof, according to the evidence offered to you, or arising from the inspection of the body. So help you God. 590. Oath of Other Jurors. The same oath which A. B., the foreman of this inquest, hath on his part taken, you, and each of you, do now take, and shall well and truly observe; and keep, on your parts. So help you God. 591. Subpoena For Witnesses. The People of the State of New York to {here designate the witneases}. We command you and each of you, that all business and excuses beiii,,'' laid aside, you be and appear before the subscriber, one of the coroners uf the county of , at the house of , in the town of forthwith [or, at o'clock in the noon of the day of , 18 ], to testify and give evidence upon an inquest then and there to be had upon the body of M. N., deceased [or, a person whose name is unknown] [or, upon the examination of J. K., charged upon inquest with the murder of M. N.] ; and hereof fail not at your peril." Witness my hand, this day of , 18 . [Signature of] Coroner. 19 290 ABBOTTS' FORMS. Attachment agrainst Witness. Examination, Inquest. o!)'2. Jittach-ment Against a Witness Not Appearing. Tlie People of the State of New Tork to the Sheriff or to any Constable of the county of : We command you that you attach [tian'C witness]^ and foi'thwith bring liiin before the subsori'c er, one of the coroners of said county, at the house (jf , in the tov\n of , in said county, to testify and give evidence upon a certain inquest [setting it forth as in the abcoe suipana], iind also to answer ail such matters as shall be inquired of him, for that he having been duly subpoenaed to attend upon such inquest, has refused and • neglected to attend in conformity to such subpoena; and have you then and there this writ. Witness my hand, this day of , 18 . [Signature of] Coroner. 593. Oath of Witness on Coroner''s Inquest. '1 he evidence you shall give upon this inquest, touching the death of M. N. [or, the person whose body has been viewed], shall be the truth, the whole truth and nothing but the truth. So help you God. ^ 594. Examination Before Coroner and, Jury . State of , ) County of S ' Examination of witnesses produced, sworn and examined, on the day of , at , in said county, before me, 0. R., one of the ooroneTs in and for the said county, and A. B., 0. D. [efc, naming the. jurors], good and lawful men of the said county, duly sworn upon thtir oaths to inquire into all the circumstances attending the death of one M. K. [or, a person unknown], then .ind tliere lying dead, and by what means tho same was produced, and in what manner, and when and where he came to his death. [And then proceed with the testimony of the witnesses]. I DO HEREBY OEETiFY that the forcgoing is a correct statement and accour.!; of an examination taken by and before me, and the jurors aforesaid, at the time and place aforesaid, and of the testimony of the several witnesses pro- duced, sworn and examined thereupon. Given under my hand, this day of , 18 . [Signature of] Coroner. 595. Inquisition. State of , ) County of . S ' An inquisition taken for the people of the State of , at the hoiue of , in the town of , in said county of , on the day ;f , 18 , before me, C. R., one of the coroners in and for said county, upon the view of 'he body of M. N. [or, a person unknown], then and there CORPORATIONS. 291 Anest by Coroner. Formation of CorporationH. lying dead, upon the oaths of A. B., 0. D. [etc , naming the jurorn], good and lawful men of the said county, who, being duly swora to inquire, on the part of the People of said State, into all the circumstances attending the death of the said M. N. [or, person unknown], and by whom the same was produced ; and in what manner ; and when and where the said M. N. [or. person unknown] came to his death, do say, upon their oaths, as afore- said, that [liere state the facts as found by the jury]. In WITNESS WHBEEOF, as Well the said coroner, as the jurors, aforesaid, ha\'e to this inquisition set their hands and seals, on the day of the date, of this inquisition, as aforesaid. [Signatures and.seah of coroner and of jurors.'] 596. Warrant of Coroner for Arrest of Person Charged By the Inquest. The People of the State of , to the sheriff [or, any constable], of the county of , greeting : WnEEEAS, by the inquisition of [here name jurors], good and lawful men of said count}', taken upon their several oaths before me, one of the coroners in and for said county, at , in the town of , in said county, Y. Z., is charged with having feloniously murdered and killed M. N., on the day of , 18 , at . You aeb, theerfoiie, hereby commanded, in the name of the People of the State of , forthwith to arrest the said Y. Z., and bring him before me forthwith at , to bo dealt with according to law. GrvEN under my hand, this day of , 18 . [Signature of] Coroner. CHAPTEE XXV. CORPORATIONS. In the United States, corporations are formed either by virtue of special charters granted for each case by the legislature of the State, or by Congi-ess. or under the sanction of general laws such as have been adopted in many oi the States, which permit voluntary organizations to assume a corporate exist ence for particular purposes. The mode of forming corporations in the latter way, is shown in the chapter on MANDFACTTJRIN& CORPORATIONS, etc. Proceedings peculiar to Religious CoRPORATioNS.'will be found under that title. I. Stock and bividends. ruav. 697. Preliminary engagement to take stock in aoorporiUiontobeformed. 292 698. Certificate of slock 292 699. Transfer of stock 29*2 600. Power to transfer 293 601. Power to collect dividend 29S 292 ABBOTTS' FORMS. Stock in Corporation. II. Elections. page 602. Oath of inspector > 293 608. Oatli of stockholder of a moneyed corporation when challenged,.. 293 604. Proxy 294 605. Affidavit to be annexed to proxy to enable voting at an election in a moneyed corporation 294 I. Stock and Ditidendb. B97. Preliminary Engagement to Take Stock in a Corporation to Be Formed. The ttndeesigned hereby engage with Y. Z. & Co., proprietors of the Mills, and with each other, that they will take the number of shares in the Mills Company proposed to be formed, set opposite their respective names, and pay for thera as stipulated. It is understood that the capital of the said company is to be dollars, in shares, of dollars each. It is also understood and agreed that the representations to ns that tlie profits of the business — viz., about , dollars per annum shall be sus- tained by an examination of the books of the present proprietors, or our obligations to take stock are nuU and void. [Date.'\ [Signatures and number of shares.'] 698. Certificate of Stock. [Name of Corporation^ • ITo. \number of certificate.] {Number of] shares. § This is to oektift, that A. B. is entitled to shares of the ^5 capital stock of the Company, of dollars each, transferable Ib. only on the books of the said company, by the said A. B. or his attor- g ney, upon the surrender of this certificate. J' Dated at , the. day of , 18 . * {Signature of] President. [Signature qf] Secretary [or, Treasurer]. 599. Transfer of Stock. Know aix men by these presents, that I, A. B., of , for value receiived, have bargained, sold, assigned and transferred, and by these presents do bargain, sell, assign and transfer, unto Y. Z., of , shares.of capital stock, standing in my name, on the books of the Company [or. Bank, as the ease may be] : and I do hereby constitute and appoint the said Y. Z., my true and lawful attorney, irrevocable, in my name or otherwise, but to his own use and benefit, and at his own costs and charges, to take all lawful ways and means for the recovery and enjoy • ment thereof. Witness my hand and seal, the day of , a. d. 18 . Signed, sealed and delivered ) [Signature and seal. in the presence of S [Signatiire of witness.] COEPORATIONS. 293 rransfers of Stock. Elections. 600. Power to Transfer. Know all men by these presents, tliat I, A. B., of , do hereby con- stitute and appoint Y. Z., of , my true and lawful attorney, for me, and in my name and behalf, to soU, assign and transfer to , of , the whole, or any part of, shares of capital stock, standing in my name, on the books of the Company \pr, Bank], and for that purpose to make and execute all necessary acts of assignment and transfer. W TNESs [etc., as in the preceding form]. 601. Power to Collect Dividend. Know all men by these presents, that I, A. B., of , do authorize, constitute and appoint Y. Z., of , to receive from the Company [or, Bank], of , the dividend now due me on all stock standing in my name on the books of the said , and receipt for the same ; hereby ratifying and confirming all that may lawfully be done in the premises by virtue hereof. Witness \etc., as in Form 599]. II. Elections. 602. Oath of Inspector.{a) I do solemnly sweae [or, affirm] that I will execute the duties of an inspector of the election now to be held, with strict impartiality, and ac- cording to the best of my ability. Taken and subscribed before me, ) [Signature of deponent.] this day of , 18 , f [Signature of magistrate.] 603. Oath of Stockholder of a Moneyed Corporation., to he Administered By An Inspector in Case of Challenge.(b) You do swear [or, affirm], that the shares on which you now o^er to vote do not belong, and are not hypothecated to the [naming the corporation for which the election is held] ; and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to you for the purpose of enabling you to vote thereon at this election, and that you have not contracted to sell or transfer them, upon any condition, agreement or understanding, in relation to your manner of voting at this election. (a) This form is prescribed by tlie (6) This is tlie form prescribed by the Btatute in New York. 1 Bev. Slat., 59(5 New Yorlc statute. 1 See. Stat., 597 f 85, 604 § 7. It miiy be taken before any § 39. officer lutho-ized lo uclmiuister oaths. 294 ABBOTTS' FORMS. Covenants. 604. Proxy. Know all men by these presents, that I, A. B., of , do hereby ap- point Y. Z., of , my attorney for me, and in my stead, to vote as my proxy, at any election of the [designating officer or offices to 7>e voted for], of the Company, according to the number of votes I should be entitled to cast, if then personally present. Witness [etc., as in Form 599]. 605. Affida-cit to Be Annexed to Proxy, to Enable Voting at An Election in a Moneyed Corporation.{c) I, A. B., do solemnly and sincerely swear [or, afiSrm], that the shares on which I hereby oflfer to vote by Y. Z., my attorney and agent in the above proxy, do not belong, and are not hypothecated to the [naming the corpora- tion/or which the election is to he held] ; and that they are not hypothecated or pledged to any other corporation or person whatever ; that such shares have not been transferred to me for the purpose of enabling me to vote thereon at the ensuing election, and that I have not contracted to sell or ti-ansfer them, upon any condition, agreement or understanding, in relation to my manner of voting at the said election. Sworn before me, this ) [Signature of stocTcholder.] day of , 18 . J [Signature of magistrate.} CHAPTEE XXVI. COVENANTS. The wo^d covenant, in its most general signification, means any kind of promise or contract, whether it be made in writing or by parol. In a more teclmical sense, a covenant is an agreement between two or more persons, en- tered into in writing and under seal, whereby either party stipulates for the truth of certain facts, or promises to give or do something to or for the other, or to abstain from the performance of something. No particular form of words is necessary to make a covenant ; but any words which manifest the Intention of the parties, in respect to the subj ect-matter of the contract, are suflBcient. An express covenant, or a covenant in fact, is one expressly agreed between the parties and inserted in the deed. To create an express covenant, the for- mal word "covenant" is not indispensably requisite. The words, "I oblige," or, "bind myself," or, " I agree," are held to be covenants; and so are the usual words of a bond. An implied covenant is one which the law intends and (c) 1 y?CT. Stat. ofN. Y., 597 § iO. COVEFANTS. 295 General Principles. Implies, though it be not expressed in words. In some of the States, covenants for title are implied in deeds ; in others, no implied covenants are allowed. See the chapter of Deeds. There are some words which, of themselves, do not import an express covenant, yet, being made use of in certain contracts, have a similar operation, and are called covenants in law. They are as effect- ually binding on the parties as if expressed in the most unequivocal terms. If a lessor demise and grant to his lessee a house or lands for a certain term, the law will imply as covenant on the part of the lessor, that the lessee shall, during the term, quietly enjoy the same against all encumbrances. And tlie words " yielding and paying" in a lease, imply a covenant on the part of the lessee that he will pay the rent. It is usual in covenants to name the representatives of the parties upon whom, or in whose favor, it may operate. Thus, in a covenant to pay money, the covenantor usually declares that he binds himself, his heirs, executors and administrators. So in a covenant regarding lands, the covenantor binds him- self, his heirs and assigns. But these words are not now usually essential in conveyances in most of the States ; for the statutes usually regulate the liabil- ity of heirs and personal representatives for the debts of their ancestors ; and in such case, the frame of the covenant cannot enlarge their liability, nor will the omission to mention them exonerate them. PAQR • 606. A covenant by one person to one person 29.'> 607. A joint covenant by two or more persona to one person , . «, 296 COS. A joint and several covenant 296 1)09. A several covenant 296 610. The same; another form 296 611. Covenant by a husband for himself and wife 296 612. Covenants by sevei'al grantors, each for his own portion of the estate, only. 29S 613. Mutual covenants ; — independent 29fi 614. Mutual covenants; — a covenant to convey being dependent upon a cov- enant to pay purchase-money 297 615. Covenant for seizin 297 616. The same ; a short form 297 617. The same ; several and not joint 297 618. The same ; by life tenant and tenant in fee of the reversion 297 619. Covenant for seizin by executors # 298 620. Covenant for power to convey 298 621. Short form of covenant for seizin and power to convey 298 622. Covenant for quiet possession 298 623. The same ; a short form 299 624. Covenant against encumbrances 299 625. Tlie same ; a short form 299 626. Covenant for further assurance 299 627. The same ; a short form 800 628. Covenant against grantor's acts 800 629. The same ; a short form .' 300 630. Several covenants by grantors against their own acts respectively 300 631 . Short form of covenants of seizin and warranty SOO 682. Covenant against nuisances 800 633. Covenant not to build so as to obstruct light and air 811 634. Covenant to maintain fences 811 635. Stipulation against implied covenants 811 686. Covenant to stand seized to uses 811 606. A Covenant ly One Person to One Person. And the said A. E., for himself, his heirs, executors and administrators, doth covenant with the said T. Z., tiis heirs, executors and administrators 296 ABBOTTS' FORMS. Covenants. [or, his heirs and assigns, or, his executors, administrators and assigns, as the case requires'], that \_etc., setting forth the things stipulated]. 607. A Joint Covenant ly Two or More Persons to One Person. And the said A. B., 0. D. and E. P., for themselves, their heirs, execu- tors aad administrators, and for every of them, do covenant with [etc., as above]. 608. A Joint and Several Covenant. And the said A. B., 0. D. and E. F., for .themselves, tlieir heirs, execu- tors and administrators, do jointly and severally covenant with [etc., as above, Form 606]. 609. Several Covenant. And the said A. B., 0. D. and E. F., for themselves severally and re- spectively, and for their several and respective heirs, executors and ad- ministrators, and not jointly, or the one for the other, or others of them, do covenant vrith [sic., as in Form 606]. 610. The Same ; Another Form. And the said A. B., for himself, his heirs, executors and administrators, and the said 0. D., for himself, his, etc., and the said E. F., for himself, his, etc., do, and each of them doth, severally and respeotively, and not jointly, covenant with \etc., as in Form 606]. 611. Covenant by a Husband for Himself and Wife. And the sa^ A. B., for himself, his heirs, executors and administrators, and for and on hehalf of the said C, his wife tod her heirs, doth covenant with {etc., as in Form 606]. 612. Covenants by Several Orantors, Each for his Own Portion of the Estate, Only. And the said A. B., for himself, his heirs, executors and administrators, and for the estate, right, title, quiet enjoyment and further assurance, of the one-third part of the above granted premises; and the said 0. D., for himself, his heirs, executors and administrators, and for the estate, right, title, quiet enjoyment and further assurance, of one other ihird part of the said premises ; and the said D. E., for himself, his heirs, executors and ad- ministrators, and for the estate, right, title, quiet enjoyment, and further assurance of the remaining third part of the said premises, do, and each an 1 every of them doth, severally, but not jointly, covenant with {etc., as Id Form 606]. 613. Mutual Covenants ; — Independent. And the s^id A. B., for himself, his heirs, executors and administrators. ==— .;-'il i COVENANTS. 297 To Convey. For Seizin. doth hereby covenant with the said Y. Z., liis executors, administrators and assigns, that he will pay unto the said T. Z., his executors, administrators or assigns, the sum of dollars, on the day of , 18 . And the said Y. Z., for himself, his executors, administrators and assigns, doth cov- enant with the said A. B., his ft^eoutors, administrators and assigns, that he will assign and transfer said lease to the said A. B., his executors, ad- ministrators and assigns, on or before the day of 614. Mutual Covenants; — A Cotenant to Convey, Being Dependent Upon Covenant to Pay Purchase'inoney. And the said A. B., for himself, his heirs, executors and administrators, doth hereby covenant with the said Y. Z., his heirs and assigns, that he will pay to the said Y. Z., his heirs or assigns, the sum of dollars, on the day of next; and in consideration thereof, the said Y. Z., fur himself, his heirs, executors and administrators, doth covenant and agree to and with the said A. B., his heirs and assigns, that he will make and execute to the said A. B., his heirs or assigns, a good and sufficient deed of {etc., as the case may ie] upon the payment of said sum as aforesaid. 615. Cotenant for Seizin. And the said A. B., for himself and his heirs, executors and administra- tors, does covenant, grant and agree, to and with the said party of the sec- ond part, his heirs and assigns, that the said party of the first part * [or, the said A. B.], at the time of the sealing and delivery of these presents, is law- fully seized in his own right [or otherwise, as the case may Je] of a good, absolute and indefeasible estate of inheritance, in fee-simple, of and in all and singular the above-granted premises, with the appurtenances \jf con- veyed subject to an encumbrance, say, subject as aforesaid]. 616. The Same; A Short Form. [As in the preceding form to the *, continuing thus .•] at the execution hereof is seized of an indefeasible estate in fee-simple in the said real estate. 617. The Same; Seceral and Not Joint. And the said A. B., 0. D. and E. F. do hereby, severally and not joiiitly, but each for himself, and for his heirs, executors and administrator.-, cov- enant, grant and -agree, to and with the said party of the second part, tliat he is, at the time of the sealing and delivery of these presents, lawl'nUy seized in his own right [or otherwise, as the ease may be\ of a good, absolute ' and indefeasible estate of inheritance, in fee-simple, of and in all and singu- lar the above-granted premises, with the appurtenances [if conveyed subject to an encumbrance, say, subject as aforesaid]. 618. The Same ; By Life Tenant and Tenant in Fee of the Becersion. And the said A. B. and C. D. do hereby, severally and not jointly, but each foi himself, and for his heirs, executors and administrators, covenant, 298 ABBOTTS' FOEMS. Covenants for Titln. grant and agree, to and with the said party of the second part, his heirs and assigns, tliat he is, at the time of the sealing and delivery of these pres- ents, lawfully seized of all and singular the above-granted premises, with the appurtenances, in manner following — that is to say, that tlie said A. B. is seized thereof for his life, as tenant by the curtesy ; and that the said C. D. is seized of a good, absolute and indefeasible estate of inheritance, in fee- simple, of and in the reversion or remainder thereof, expectant upon the determination of the said estate by the curtesy. 619. Covenant for Seizin, By Executors, And the said party of the first part, for himself, his heirs, executors and administrs^tors, does [or, if seteral, say, parties of 'the first part do jointly and severally, for themselves, their heirs, executors and administrator.^] covenant, promise and agree, to and with the party of the second part, that the said M. N. died 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 premises, with the appurtenances [subject as aforesaid], 620. Covenant for Power to Contey. And the said A. B., for himself and his heirs, executors and administra- tors, does covenant, grant and agree, to and with the said party of the see ond part, his heirs and assigns, that the said party of the first part [or, the said A. B.], at the time of the sealing and delivery of these presents, has good right, full power, and lawful authority to grant, bargain, sell and con- vey the same, in manner aforesaid. 621. Sliort Form of Covenant for Seizin and Power to Convey. And the said A. B., for himself, his heirs, executors and administrators, hereby covenants with the said Y. Z., his heirs and assigns, that he is law- fully seized in fee of the premises, and that he has good right to sell and convey the same, (a) 622. Covenant for Quiet Posiemon. And the said A. B., for himself and his heirs, executors and administra- tors, does covenant, promise and agree, to and with the said party of the second part, his heirs and assigns, that tlie said party of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, nse, occupy, possess and enjoy the above-granted prem- ises, and every part and parcel thereof, with the appurtenances, without {a) This, which is a usual form of these rehites to actual seizin, irrespective of a covenants in conveyances in Masaachu- good indefeasible title. Kayniond «. K.ay- Bett'.*, does not amount to any absolute mond, 10 Gush., 134. To have full effect warranty of title, according to the rule in those States, the word "indofe.isibly'' adopted in that State and in Maine. It should be inserted before " seized." COVENANTS. 200 Against Encniiibrnnoes. For Further Aat^urance. any let, suit, trouble, molestation, eviction or disturbance of the said party [or, parties] of the first part, his [or, their] heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. 623. The Same; a Short Form. And that the said Y, Z., his heirs and assigns, may forever hereafter have, liold, possess and enjoy the same, without any suit, molestation or inter- ruption, by any person whatever, lawfully claiming any right therein. 624. Covenant Against Encumbrances.(b) [Add, at the end of the covenant for quiet possession, these words .■] and that free, clear, and freely and clearly acquitted, exonerated and discharged of and ft'om all, and all manner of former and other bargains, sales, gifts, grants, feoffments, devises, dowers, rights and titles of dower, uses, issues, fines, annuities, debt*, duties, judgments, executions, recognizances and all other estates, rights, titles, troubles, charges and encumbrances whatsoever, had, made, committed, done or suffered, or to be had, made, committed, done, or suffered, in any wise whatsoever, by him the said A. B., or. by any other jierson or persons whatsoever, having or lawfully claiming any estate, right, title or interest, of, in or to the same, or any part or parcel thereof [if conveyed subject to encumbrance, say: except as aforesaid]. 625. The Same; u, Short Form. And that the said premises are, at the time of the execution hereof, free from all encumbrances. 626. Covenant for Further Assurance. And the said A. B., for himself and his heirs, executors and administra- tors, does covenant, promise and agree, to and with the said party of the second part, his heirs and assigns, that the said party [or, parties] of the first part [or, the said A. B.] and his [or, their] heirs, and all and every per- son or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the above-granted premises, 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, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more eft'ectually 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, or his or their counsel, learned in the law, shall be reasonably advised or required. (4) For another form, see the clause between * *, in Form 680. SOO ABBOTTS' FORMS. Covenants for Title. 627. The Same ; a Short Form. And that I, the said A.B., and all persons hereafter claiming under me, ■will at any time hereafter, at the request and expense of the said T. Z., his heirs or assigns, make all such further assurances for the more effectual conveying of the said premises, with the appurtenances, as may be reason- ably required by him or them. 628. Coiienant Against Grantor's Acts, And the said party of the first part, for himself and his heirs, executors and administrators, doth covenant, promise and agree, to and with the said party of the second part, his heirs, executors, admioistrators and assigns, that he has not made, done, committed, executed or suffered any act, mat- ter or thing whatsoever, whereby or by means whereof the above-granted premises, or any part thereof^ now are, or at any time hereafter shall or may be impeached, charged or encumbered, in any manner or way what- soever. 629. The Same; a Short Form. And that the said grantor has not done or suffered any thing wl\preby the title of the said premises to the said grantee can be frustrated or an- nulled, 630. Several Covenant "by Grantors Against Their Own Acts Respectively. And the said A. B. and 0. D., for themselves, their heirs, executors and administrators, do severally, and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only, covenant, promise and agree, to and with the said Y. Z., his heirs and assigns, that they, the said A. B. and 0. D-, have not done, committed, executed or suf- fered any act, matter or thing whatsoever, whereby the above-granted premises, or any part thereof, is, are or shall or may be impeached, charged or encumbered, in any manner whatsoever. 631. Short Form of Covenants of Seizin and Warranty. (c) And the said grantor does hereby covenant with the said grantee that he is the lawful owner of the said premises in fee-simple ; and that he will warrant anA defend the title against all future claims. 632. Covenant Against N^isances.{d) And the said party of the second part, for himself, his heirs and assigns, does hereby covenant to and with the said A. B., his heirs, executors and (c) This is the form given by Walker kind of building and occupation, sea JIntro., 415). tlie chapter of Deeds. (rf) Kor another form, restricting the COVENARTS. 301 Kespecting Easements, etc. administrators, that neither the said party of the second part, nor his heirs or assigns, shall or will at any time hereafter, erect any buildings within forty feet of the front of said lot, except of brick or stone, with roofs of slate or metal, and will not erect or permit upon any part of the said lot any slaughter-house, smith-shop, forge, furnace, steam-engine, brass-foundry, nail or other iron factory, or any manufactory of gunpowder, glue, varnisli, vitriol, ink or turpentine, or for the tanning, dressing or preparing skins, hides or leather, or any brewery, distillery, or any other noxious or dan- gerous trade or business. 633. Covenant Not to Build So as To Olstruet Light and Air. And the said T. Z., for himself, his heirs and assigns [or, -if leasehold property, Ms executors, administrators and assigns being the holders or holder, owners or owner of the indenture or lease above mentioned and herein assigned, or of any renewal of the term of years herein granted], doth hereby covenant, grant, promise and agree to and with the said A. B. Company, their successors and assigns, that a strip of land feet in width, along the side of the lot of land above described [and demised by said lease], and forming part of said lot, shall not, nor shall any part of said feet in width be built upon by any building whatever, whicii may obstruct the light or air of the buildings of the said A. B. Company, their successors or assigns, now or hereafter to be erected on their land which adjoins said^ feet on the said side thereof. 634. Covenant to Maintain Fences. And the said A. B., for himself, his heirs, executors and administrators covenants to and with the said parties of the second part, their executors, administrators and assigns [or, if a 'corporation, say, their successors and assigns], that he will erect upon the easterly and westerly lines of said strip good, lawful and sufficient fences to inclose the same, and, at his and their own cost and charge, maintain and keep the same in good repair [for the term of years]. 635. Stipulation Against Implied Covenants. And it is hereby further agreed by and between the parties to these pres- ents, and the true intent and meaning hereof is, that neither these presents nor any thing herein shall be construed or taken to be a covenant or cove- nants of warranty, or of seizin of the said parties of the first part, or their successors, or to operate farther than to pass the estate, right, title and in- terest they may have, or may lawfully claim in the premises hereby cou veyed. 636. Covenant to Stand Seized to Uses. Tnrs iNDKNTUEE, made this day of , in the year one thousand eight hundred and between A. B., of , in the county of 302 ABBOTTS' FOEMS. Covenant to Stand Seized. Debtor and Creditor. and State of , merchant, of the first part, and Y. Z., of in the said county, counsellor at law, of the second part : Witnesseth that, for and in consideration of the natural love and affection which he heareth unto those to whom the estates are hereinafter limited, and for the ad- vancement of B. B. his son, and others of his Wood hereinafter mentioned, lie, the said A. B., does hereby for himself and his heirs, covenant, grant and agree to and with the said Y. Z. and his heirs, that the said A. B. and his heirs shall and will, from henceforth, stand and continue seized of and in all {here insert description of the premises'], together with all and singular the tenements, hereditaments and appartenances theretmto belong- ing, to and for the uses, intents and purposes hereinafter limited — ^that is to say, for the u.'^e and behoof of the said A. B. for and during the term of his natural life, without impeachment of or for any manner of waste ; and after his decease, then to and for the use and behoof of B. B. and his heirs and assigns forever. In testimony wheeeof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered ) [Signature and seoZ.] in presence of J [Signatures of witnesses^ [Add Aehnowledgment or Proof, as in ease of cm ordinary Deed.] GHAPTEK XXVn. DEBTOE AND CEEDITOE. A LETTBK OF t-iCEKSK is a Written promise by creditors that they will give their debtor time for payment, and will not molest him meanwhile. A com- position is an agreement to accept less than the sums due them respectively'. It usually includes the substance of a letter of license. Creditors who unite in such agreements are regarded as engaging not only with the debtor but with each other.(a) But any one who has signed may openly withdraw his assent, with the consent of the debtor, without the con- carrence of the other creditors, before the accord has been fully executed.(5) Any secret arrangement by one of them with the debtor to secure an advantage over the others, renders the contract a fraud upon the others and avoids it. Creditors first signing such an instrument, usually do so upon the expectation that others will also sign. If this is intended to be a condition, it should be expressly declared to be such at the time of executing and delivering the paper ; and the most convenient way is to insert a clause to that effect, as in Form 640, or any one may prefix such a condition to his signature, as in Form 397. General terms in a letter of license or composition deed, extending to all the demands of the signers, are not to be deemed restrained by sums set opposite their names, so as to operate only on the debts so specified. Hence, if it is in- tended to apply only to the debt specified, this intent should be expressed.(c) (a) Leicester^). Eose, 4&i<.,872;Brock (c) Britten v. Hnglies, 6 Sing., 460; ». Cole, A Sand/., 79. Eussell v. KogerB, 10 Wend., 474. lb) Fellows V. Stevens, 24 Wend., 291. ■ 4 -id DEBTOR AND CREDITOR. 303 Letter of License. PAQe 637. Letter of license, common form 808 ti38. The some ; witli a condition tliat the debtor pay by instiilments 304 liS!9. Composition with creditors 304 040. Letter of license or composition deed, to be void unless all the specified creditors sign 444 641. Composition deed ullowing debtor to carry on business under inspection of a comnuttee of the creditors 444 642. Minute of creditore' meeting agreeing on a composition 44i 637. Letter of License, Common Form. To all to whom these presents shall come, we, who have hereunto sub- scribed our names and aifixed our seals, creditors of T. Z., of , send greeting : Wheueas* the said T. Z., on this day of , is indebted unto us, the several fcreditors hereunder named, in divers sums of money, which .it present ho is not able to pay and satisfy, without time to be given him lor payment thereof: Know ye, thehefoue, that we, the said several cred- itor-, and every one of us, at the request of the said Y. Z., have given, and, by these presents, do give .ind 'grant unto the said Y. Z. full and free liberty, license and authority to attend, follow and negotiate any affairs, business, matters or things whatsoever, at any places whatsoever, without any im- pediment to be offered or done untq the said Y. Z. or his property, by us or any of us, or by the executors, administrators, partners or assigns of us or any of us, or by our or any of our means, or procurement to be sought, attempted, or procured to be done, for and during months next ensuing the date hereof. And further, we, the said creditors hereunder subscribed, and each of us, do covenant and agree for ourselves, our executors, admin- istrators, partners and assigns respectively, and not jointly, or one for an- other, or for the executors, administrators, partners or assigns of each other, to and with the said Y. Z., that we, or any of us, our executors, adminis- trators, partners or aasigns or any of them, shall not, during the time aforesaid, sue, arrest, attach, or prosecute the said Y. Z., for, or on account of our respective debts, or any part thereof; and that if any hurt, damage, or hindrance be done unto the said Y. Z., either in body or property, within the aforesaid term of months next ensuing the date hereof, by us or anv of us, the ■ said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said Y. Z., his hoirs, executors and ad- ministrators, by virtue hereof, shall be discharged and acquitted forever, against such of us, the said creditors, his and their executors, administrators l)artners or assigns, by whose will, means, or procurement he shall bo ar- rested, attached, prosecuted, grieved or damaged, of all actions, suits, dam- ages, debts, charges, claims and demands whatsoever, irom the beginning of the world to the day of the date hereof t I.v WITNESS WHEKEOF, We liuvo liercunto set our hands and seals, the day first above written. A. B. [Sea/.] In presence of 0. D. [Seal.] [Signature of witness.] -g p^ [Seal | 304: ABBOTTS' FORMS. Letter of License. Composition Deed, 638. The Same; With a Condition That the Bettor Fay ly Instalments. [As in the preceAing form to the t at the end, then adding the following ^l Peovided always, and under this condition, that if the said Y. Z., his executors, administrators or assigns, do not well and truly pay unto us the said creditors hereunto subscribed, our respective executors, administrators and assigns, the sums of money to us by him owing, in manner following— that is to say, on the day of next ensuing the date hereof, one just part of our said debts, between us to be divided according to the proportions of our several debts by him owing, and on the day of , which will be in the year 18 , one other part of the present amount of our said debts, to be divided as aforesaid, and on the day of , which will be in the year , the residue of our said several debts, to be divided as aforesaid : that then, and from and after any default in any of such payments, this our present letter of license shall be utterly void and of none etfect, towards him and them of us to whom any such default of payment shall happen to be made ; any thing above written to the contrary notwithstanding. In witness wheeeof, we have hereunto s6t our hands and seals, the day first above written. In presence of A. B. [Seal.'\ [Signature of witness.'] O. D. [Seal.] E. F. [Seal.] 639. Gomposition with Creditors. To ALL to wliom these presents shall come, we who have hereunto sub- scribed our names and affixed our seals, creditors of T. Z., of , send greeting: Whkeeas* the said Y. Z. does justly owe and is indebted unto us, his said several creditors, in divers sums of money, but by reason of losses, disap- pointments and other damages, happened unto the said Y. Z., he is become unable to pay and satisfy us of our full debts, and just claims and demands, and therefore we, the said creditors, have resolved and agreed to undergo a certain loss," and to accept of cents for every dollar owing by the said Y. Z. to us, the several and respective creditors aforesaid, to be paid in full satisfaction and discharge of our several and respective debts. Now KNOW TB, that we, th'e said creditors of the said Y. Z., do, for ourselves, severally and respectively, and for our several and respective executors and administrators, partners and assigns, covenant, promise, compound and agree, to and with the said Y. Z., his [heirs], ( 1 8 , between the several creditors of Y. Z., whose names and seals are hereunto subscribed and affixed, parties of the first part [oi\ if it is intended that all shall sign in order to maJce the composition effeotual, name them th%s] : between A. B., of , 0. D. and E. F. composing the firm of T). & Co., of , and 6. H., of , creditors of Y. Z , parties of the first part, and the said Y. Z., of , merchant, party of the second part, witnesseth: Whebkas the said Y. Z. is indebted to the several persons of the first part, in the several sums of money jilaced opposite to their respective names in the schedule hereunto affixed ; and whereas, at a meeting of the creditors of the said Y. Z., held on the day of , J8 , at , it was made to appear to them, that by reason of losses and obstacles in trade he was unable to pay the several demands upon him immediately, but that his stock in trade, and his other e'state and effects were sufficient for that pur- pose, whereupon it was mutually agreed by and between the parties hereto, that the term of years should be given to the said Y. Z. to collect in and dispose of his said estate and effects, and that, in the mean time, he should be permitted to raan;ige and improve the same under the inspection of the parties of the first part by a committee of their number to be by them chosen, and by them, their executors, administrators and assigns, renewed from time to time for that purpose, under and subject, neverthe- less, to the conditions, stipulations and agreements hereinafter contained respecting the same : Now in consideration thereof, and of the covenants and agreements hereinafter contained, on the part of the said Y. Z. to be performed, the said parties hereto of the first part, and each of them for themselves respectively, and their respective partners, and his and their several and respective executors, administrators and assigns, but not any one of them for any other of them, nor for the executors, administrators, partners or assigns, of any other or others of them, do : I. Give and grant unto the said Y. Z., free liberty and license to carry on, conduct and manage his said trade or business of , and all his other affairs and concerns, and collect, get in and sell and dispose of, con- vey and assign all or any part of his estate, debts and effects, under the inspection and subject to the approbation and control of the said parties of the first part, by their committee as aforesaid, from henceforth until the day of , 18, , if he, the said debtor, shall so long hve, and con- tinue to observe and perform the several covenants and agreements herein- after contained, on his part or tehalf to be observed or performed ; and they DEBTOR AND CREDITOR. 307 Composition Deed. agree with him and with each otlier that the.y, the said parties of the first part, creditors as aforesaid, or any or either of them, shall not nor will, during the time or period, and observance and perforijiance aforesaid [for any cause or consideration now existing], sue, arrest, attach or pro.secute him, the said Y. Z., or his property, or in any way impede or molest him in the carrying on or management of his said business or concerns, or the sale or disposition of his estate or effects, under such control and inspection as aforesaid, nor seize or possess themselves of, or in anywise attach, or inter- meddle with his goods, estates, property or effects in anywise whatsoever. [If desired to add a clause that creditors molating the license shall forfeit their debts, it may be liie the last half of Form 637.] II. And for the purposes aforesaid, the said party of the second part hereby covenants and agrees with the parties of the first part, to mate and deliver to them or their committee within a reasonable time, a full and true account of all the creditors of the said Y. Z , showing the place of residence of each creditor, if known ; and if not known, the fact to be stated; the sum owing to each creditor, and the nature of each debt or demand, whether on written security, account or otherwise ; the true cause and consideration of indebtedness in each case, and the place where it accrued; and a full and true inventory of all the estate, both real and per- sonal, in law and equity, of the said Y. Z.; of the encumbrances existing thereon ; and of all the books, vouchers, and securities, relating thereto. III. And he further covenants and agrees as aforesaid to manage and collect his assets, and to carry on his said business faithfully and diligently for the purposes of these presents, under the direction and control of the parties of the first part, as they may by their said committee, or otherwise, direct, according to the true intent and purpose of these presents. IV. And he further covenants and agrees as aforesaid, that after payment of just and necessary legal expenses, and the expenses of conducting said business [including a commission of per cent, upon the net proceeds as a compensation for the committee hereinafter provided for], and also after reserving to said Y. Z. so much as may be necessary for his reason able support, which is not to exceed the rate of dollars per month, nor to exceed the sum of dollars in any one month, he wiU, subject as aforesaid, pay over and distribute the proceeds of said assets and busi- ness, for and towards payment and satisfaction of the suras the said Y. Z owes as aforesaid unto us the said respective creditors, pro rata [specific liens, however, already secured by any creditors, to be first discharged out of the property which is bound by such hens]. V. And the party of the second part hereby further covenants and agrees as aforesaid, that he will not, duriug such time, make any assignment or transfer of any of his property, with any preference for any creditor; that he will keep just and true accounts of all his transactions, subject at all times to the inspection of the parties of the first part and their said com- mittee, and will render to the said committee, once in eaoS , a state- ment of his accounts, showing [here specify what is desired] ; which accounts, as well as the one hereinbefore provided for, shall be verified by him on oath, if so required. 308 ABBOTTS' F0KM8. Composition Deed, VI. And lie further covenants and agrees as aforesaid, that he will not, during the period contemplated hy these presents, indorse or accept for ac- commodation, or become surety in any wise for any person, or voluntarily incur any liability except in the course of his said business, and will not enter upon or undertake any other business or enterprise whatever. VII. And the said party of the second part further covenants and agrees as aforesaid, that he, the said Y. Z,, his heirs, executors and administrators, shall and will, well and truly, pay or cause to be paid unto all and every the said creditors, parties hereto, their respective executors, administrators, partners or assigns, or other person or persons by them respectively author- ized to receive the same, their full and whole debts and demands, at or before the expiration of the said term of years, in the manner herein- before appointed for payment thereof, and according to the true intent and meaning of these presents. VIII. And for the purposes aforesaid, the said parties of the first part have appointed and hereby do appoint A. B. and E. F. their committee, as their agents and attorneys,' to act until otherwise ordered, or until others are appointed in their place, by the parties of the first part, and with full power and authority to do, direct and assent to all and any acts, matters and things whatsoever, relative to the matters or things aforesaid, as they, in their discretion, shall at any time and from time to time hereafter think fit and expedient, as fally as the parties of the first part might do if person- ally present. IX. And such committee are also empowered to nominate and appoint one or more clerks, or other persons, to assist the said Y. Z. in the manage- ment of his said trade or business, at such salary or wages as they shall think fit; and are also empowered to give bail, or cause it to be given, if the said Y. Z. or his property shall be arrested, attached or taken under process of law by any of his creditors, or persons claiming so to be ; and the said committee may contest, or otherwise act concerning the debt or debts of any such creditor or claimants, at the expense of the estate and efifects of the said Y. Z., as they shall think fit and necessary for the purposes afore- said. X. And it is hereby furtlier covenanted and agreed, by and between the parties hereto, that if, by reason of any unforeseen cause, not wilfully occasioned by the said Y. Z., any delay shall take place in the final settle- ment of his affairs, during his lifetime, so as to prevent the several creditors, parties hereto, from receiving the fuU amount of their respective debts, at or before the expiration of the said term of years, hereby limited for winding up the concerns of the said Y. Z., and for payment of his creditors jn manner aforesaid, then and in such case it shall be lawful for the said committee, and they are hereby fully authorized and empowered, if they shall think proper, without any further consent of the said creditors than is hereby given, to prolong or extend the said term for a period not exceed- ing months, to be computed from the expiration of the said term, by an indorsement under the hands of the said committee being made upon these presents to that effect ; and that thereupon all and every the said cred- itor.s, parties hereto, their executors, administrators, partners and assigns, DEBTOR AND CEEDITOE. 309 Composition Deed. Agreemout of Creditors. and the said party of the second part, and his heirs, executors and adminis- trators, shall continue to be bound hj the covenants and agreements herein contained, in the same manner, for such further period, to all intents and purposes, as if the whole term had been originally limited for that purpose. XI. Provided always, nevertheless, and these presents are upon this ex- press condition, that if the said Y. Z. shall die within the period aforesaid, or if he shall make default in performance of either of the covenants or agreements hereinbefore contained on his part to be performed, or in case any of the creditors of the said Y. Z. whose debts respectively exceed the sum of dollars (except only such of them as having other secu- rities shall choose to rely thereon), shall not duly execute or otherwise accede to these presents [or, if all the intended parties are named in the caption, say, or in case any of the hereinbefore named parties of the first part shall fail to execute th^se presents] within months next after the date hereof, then, and in either of the said cases, this indenture, and every thing herein contained, so far as the same respectively tends to restrain the said creditors from suing for and recovering his, her or their respective debts, within the time aforesaid, shall be absolutely void. In witness [ete., as in Form 640]. 642. Minute of Creditors' Meeting Agreeing On a Composition. At a meeting of the creditors of Y. Z., of , merchant, held on the day of , 18 , at , it is agreed as follows : that is to say, we, the creditors of the said Y. Z., whose names are hereunder written, severally agree for ourselves, and for our respective executors, administra- tors, partners and assigns, to and with the said Y. Z , his executors and ad- ministrators, to accept and receive the sum of cents on the dollar for all that he owes to us, the same to be in full satisfaction of the debts or suras severally due to us from him, provided that the said sum of cents for every dollar be paid severally unto us, or to our respective part- ners, executors, administrators or assigns, within the space of days from the day of the date hereof; and in default thereof, this agreement, and every thing herein contained, shall be void and of none effect towards him and them of us, to whom any such default of payment shall happen to be made. Is wiTHESS [etc., as in Form 640]. 310 ABBOTTS' FORMS. Geueral Priiioiples concerning Deeds. CHAPTER XXVIII. DEEDS. The word "deed," in its broadest signification, imports any instnimeut In writing,- signed, sealed and delivered, as the act of the person making it. The term is more commonly used of conveyances of land, in contradistinction to bonds, mortgages, leases, powers of attorney, etc. ; and accordingly, in this work, such other instruments foriH the subj ects of separate chapters. Throughout the United States, the form of conveyance is usually what is known in English conveyancing as the bargain and sale ; — such an instrximent, in its orderly form, states that the one party, naming him, in consideration of a specified sum of money, the receipt of which is acknowledged, grants, bar- gains and sells to the other party, naming- him, certain described premises, ■vvith such appurtenances, upon such conditions, or subject to such reservations, as may be expressed ; to be held by the grantee for life, or by him and his heirs and assigns forever, or upon trust, etc., or otherwise, according to the estate intended to be conveyed. Then follow such covenants respecting the title to the property or the use of it, as the parties agree upon ; and in witness of the whole, the grantor, and sometimes the grantee also, signs the instru- ment. Tlie first requisite of a valid deed is, that there be competent parties to con- tract, and that they be sufficiently designated in the instrument. If the parties upon either side are copartners, their designation and signature should be by their individual names, not by the firm-name. Secondly. There should, in order to sustain a deed as against creditors and subsequent purchasers, be a consideration, and it is advisable that the consid- eration ,be expressed. Where there is no actual consideration, it is usual to insert a nominal one, commonly one dollar. Thirdly. The conveyance must be reduced to writing upon paper or parch- ment. The first part of the instrument, — which states the names of the par- ties, the consideration, the transfer, and the property transferred, — is termed the premises. The habenduvi, which usually follows, declaring what estate the grantee is to have, is a mere form, which has no efficacy if the premises indi- cate the estate intended to be vested. The usual covenants as to title are : that the grantor is lawfully seized ; that he has good right to convey ; that the land is free fi'om encumbrances ; that the grantees shall quietly enjoy ; and that the- grantor will warrant and defend the title against all lavrful claims. ■ These are more fully treated in the chapter of Covenants than in this chapter. Lastly, to make the deed operative, it must be duly executed and delivered ; and by the law of some Slates, attestation by witnesses, acknowledgment by the grantor, or proof by the witnesses, and record, are also essential. Tlie due execution of a deed requires the -signature of tlie grantor, which may be made by his own hand, or by the hand of another, Writing his name in his presence and by his direction, or by the hand of an agent empowered by deed. To the signature, a seal must be affixed in some of the States- In the absence of any regulation to the contrary, the seal must be an impression made upon wax or a wafer, affixed to the paper. In some of the States, how- ever, the word " Seal," or a printed or written scroll in imitation of a seal, is sufficient. In others, chiefly Western and Southern States, the use of seals ia wholly dispensed with. Where there are several signatures, it is best to affix a seal for each ; but one vfill suffice for all, if the intention to use it so is made apparent. If actual seals arc affixed to the instrument, vi-ords in the conclusion indica- DEEDS. 311 Genernl Principles. ting' that the parties have affixed their seals are not necessary (as) though it is usual always to insert them. In some of the States, the sufficiency of a scroll as a seal depends on vrhether such words are inserted. The seals are usually affixed by the conveyancer in preparing the instrument. If the paper is sent away for execution, it is a convenient practice to mark on it, in pencil, the proper places for the respective signatures, and the number of witnesses required. If the grantor is an illiterate person, or in any case, if he requests it, the deed must be read over to hiin before its execution ; and all blanks should be filled before execution, and any material erasures or interlineations should be noted at -the foot, just above the signatures of the attesting witnesses. After an attestation and acknowledgment as required by law, the parties have not power, even by consent, to make alterations in any material point without attesting and acknowledging anew. Tile delivery of a deed is essential to give it operation ; and in general a deed wOl not take effect, so as to vest the estate or interest intended to be conveyed, except from the time of its delivery. In this respect, the date, which is not in itself an essential part of a deed, is unimportant. Delivery and an acceptance by the grantee are, however, presumed from slight circumstances. A declara- tion made by the grantor, in the presence of the witnesses, upon executing a deed, that he does deliver it, thoiigh he retains possession at the time, will bt sufficient to throw the burden of disproving the delivery upon the party di^ puting it. If the delivery is intended to be conditional, so as not to take effect immediately, it must be made to some other person than the grantee or his agent. It is the practice of the most careful conveyancers to cause the grantor, on executing the deed, to declare in words, in the presence of the witnesses, that he executes and delivers it as his act and deed. Such a formula, though not essential, is a convenient way of preventing controversy as to the fact of de- livery. Attestation iy witnesses is not essential to constitute a deed at common law, and when not required by the terms of a power under wliich a deed is made, or by statute, a deed is valid without attesting witnesses. Most of the States, liowever, have adopted the rale that to render a deed valid against others than the grantor and his heirs, it must be attested by one or more witnesses, imless it is acknowledged by the grantor ; and as the attestation of witnesses affords such an easy and effectual mode of proof, enabling the grantee to siipply the want of a sufficient acknowledgment, and adds greatly to the credit of a deed, prudence requires that every deed be so attested.(;6) Persons who are disinterested and competent should be selected as wit- nesses.(c) It is generally understood that a subscribing witness is one who was present when the instrument was executed, and who at that time subscribed his name to it as a witness. He need not, however, be present at the moment of the transaction. If he is caUed in by the parties immediately afterwards, and upon being told by the grantor that it is his act, and requested to subscribe as witness, he then does so, it is a sufficient attestation, the whole being re- garded as one transaction. The witnesses should in general attest the delivery as well as the execution. In some of the States, however, it will be observed that the statute speaks only of attesting the signing and sealing. Where a deed is delivered in escrow, a written memorandum of the condi- (a) Goddard's Case, 2 Co., 5 ; Milldam Bank v. Spencer, 26 Conn., 195 ; Johnson Foundry v. Hovey, 21 fick., 417 ; 35 Me., v. Turner, 7 Ohio, 568. In Corhett v. 260. " Noroross (35 iK H., 99), it was held thiit (i) Dole v. Thurlow, 12 Mete, 157. signature as witness by the wife of the (c) As to whetlier intere.st or incom- grantor was a nullity. And see Towns- petency is fatal, compare Winsted Savings end v. Downer, 27 Vt. (1 Will.), 119. 312 ABBOTTS' FORMS. Analysis of tbe Cliapter of Deeds. tlons inserted in the witnesses' attestation may be a convenient method of pre- serving evidence of the fact ; but such a memorandum is not essential. (tZ) Aelcnowledgment. — The formalities above stated will, as a general rule, com- plete the transfer according to the tenor of the instrument, so far as concerns the immediate parties to the instrument and their heirs. But in order to pro- tect fully the rights of others, registry is necessary, and a preliminary condi- tion to the registry of a deed is its due acknowledgment or proof before the proper oiEcer. It is to be added, also, that by the law of most of the States, a deed by a married woman is without any validity until it has been acknow- ledged by her in person before such officer. The subject of Acknowledgment AND Proof forms a separate chapter, where the rules on this point adopted in the several States are indicated. It is the duty of the grantor, or person who has contracted to give the deed, to procure the due acknowledgment or proof of its execution, and such inci- dental certificates as may be necessary to entitle the deed to be put on record at once.(e) In the follommg pages, we give, first, in alphabetic order of the names of the States, short or peculiar forms, and special roles relating to deeds, which are established by statute or practice in these States respectively. These forms are adapted to the most common cases only, and present the local peculiarities usual in common deeds. Following these are a copious collection of forms conformable to the methods of conveyancing used in the State of New York and the numerous States in which the same forms are in vogue. These are adapted to a great variety of cases involving peculiar parties, considerations, property, estates and conditions. T^ese, although more prolix than is agree- able to the practice of some other States, are, in general, valid and sufficient in all the States and Territories. With due attention to the directions given for the execution of deeds for particular States, and, in case of statutory convey- ances, to the provisions of the acts under which the conveyance is made, these may be safely used as sufficient, in matter of form, for lands in any jurisdiction within the Union, in the cases to which they are respectively adapted. I. FoEMS Sanctioned by the Statutes oe Peaotioe op Paeticuiab States, and Diubotions foe Execution. pAaB Alabama 816 Abkansas 316 California •. 816 Connecticut 817 Delaware 817 Geoeqia 817 Illinois. 648. Deed conveying with covenants 817. Indiana. 644. Deed conveying without covenants 818 645. Warranty-deed 818 646. Another form 819 Iowa. 647. Qnit-olaim deed 820 648. Deed in fee-.simple without warranty 820 649. Tlie same ; with warranty 820 650. Another form ; — warranty-deed with covenants 820 651. Deed of trust 320 (d) Baldwin v. Potter, 2 Soot, 81 ; Kay- (e) Smith e. Smeltzer, 1 BiU., 287. mond V. Truth, 5 Conn., 555. DEEDS. 31 3 Aualysis of the Chapter. PA6B ICansas 820 Kentdoky. 652. Deed with covenants 821 Louisiana. 658. Conveyance with warranty and purchase- money mortgage 321 Maine 822 Maryland 822 Massachusetts. 654. Common form of warranty-deed 823 635. The same ; with release of dower by wife 323 656. Quit-claim and release 824 657. Deed by husband and wife, conveying wife's land 324 Michigan 324 Minnesota 325 Mississippi 825 Missouri. 658. Deed with general warranty 325 659. Deed with special warranty 326 660. Quit-claim deed 826 New Haufshire 326 New Jersey. 661. Deed witli general warranty 826 662. Deed with special warranty 327 New York 327 Ohio. 663. Deed with covenants and warranty 828 Okegon 328 Penhsylvania. 664. Warranty-deed 828 Rhode Island 329 N. South Carolina. ^ 665. Deed with warranty 380 Tennessee 830 Texas'. 380 Vermont 330 Virginia. 666. Quit-claim deed 831 667. Deed to convey grantor's whole interest 331 668. Deed with covenant against grantor's acta 381 669. Warranty-deed with full covenants 331 670. Deed of trust to secure debts, etc 8S2 671. Deed of life-estate 832 WiscoNsiir 382 n. FOEMS OENKKALLT APPLIOABLB. 672. Formal Indenture 333 673. Deed poll 334 674. Short fonn of deed in fee 834 675. Quit-claim deed 334 676. Deed conveying without covenants 385 677. Deed with covenants against grantor's acts 836 678. Warranty deed 337 679. Special warranty 888 680 Warran^y-d-ed with full covenants 339 314 ABBOTTS' POEMS. Analysis of the Chapter of Deeds. PAOR 681. Deed with covenant by grantee against certain kinds of bui ding and occupations, and against nuisances 34i 682. Short form of warranty-deed 843 683. Attestation of deed in which erasures or interlineations appear 343 Deeds hy or to Pa/rtieulwr Classes of Parties, such as Corporations, Officers, Trustees, etc. 684. Deed by a corporation 343 685. The same ; where all the directors sign 344 686. The same ; by a municipal corporation 344 687. Deed to a corporation 344 688. Deed relating to heirs or. devisees 345 689. Deed executed by an attorney in fact 34.5 690. Another form ; referring to tlie power annexed 34.5 691. Deed by authority of the Legislature 346 692. Deed by executors 346 693. Deed by survivors of the acting executors 347 694. Deed by executors, reciting the power and the facts on which its execu- tion depends 343 695. Deed by several executors, covenanting severally and each for himself alone 349 696. Deed by executor or administrator, selling by order of court for pay- ment of debts 349 697. The same ; setting forth the orders at large 850 698. Deed by executor, conveying land by order of court, pursuant to con- tract of testator, duly pi-oved and recorded 351 699. Deed by administrator, conveying by order of court pursuant to contract of his intestate 352 700. Deed by administrators, for purpose of partition after valuation and re- fusal by heirs 353 701. Deed of guardian, conveying infants' estate by leave of court 855 702. Deed of infant; conveying by special guardian, by leave of court 356 708. Deed by committee of idiot, lunatic or habitual drunkard 357 704. Deed by trustees or assignees of an insolvent or bankrupt or an ab- sconding debtor 358 705. Deed by master in chancery 859 706. Sheriff's deed after sale on execution 361 707. The same ; conveying to an assignee of the purchaser 361 708. The same; to redeeming creditor 361 709. Deed by sheriff or referee, on sale in foreclosure 362 710. The same; in partition 363 711. Deed by commissioners on sale in partition 364 712. Deed by mortgagee, on foreclosure by advertisement 365 713. Deed by referee pursuant to a judicial sale, other parties in interest joining as grantors 367 Deeds vpoti peculiar considerations: 714. Deeds to correct mistakes in a prior conveyance 368 715. Deed conflrming a prior voidable deed 869 716. Short form of the same ; by indorsement on the prior deed 870 717. Eelease by a trustee to tlie grantee of his cestui que trust 870 716. Partition deed 371 719. Deed among heirs, in confirmation of devises, with covenant to abide by the will 372 720. Deed of gift - 874 DEEDS. 31j5 Analysis of the Chapter. PAGB 721. Deed of exchange 875 Various desoripiions of property and appurtenances : 722. Description of land by No. of lot and township 87S 728. Description by metes and bounds 876 724. The same of a city lot 876 725. Description by reference to a map 877 726. Description bounding by rivers, highways and other boundaries 877 727. Description of water-lot 877 728. Description of unpatented land 378 ■ 729. Description of undivided share 878 730. Description of laud subject to a mortgage, or of an equity of redemption 378 781. The same ; where the grantee covenants to pay the mortgage 378 732. Description of a lot with a right of way and of making a drain 379 783. Description of a lot abutting on an alley, with right of way therein sub- ject to charges and covenants 879 734. Grant of easement appurtenant to lot bounding on an alley or court 380 735. Premises subject to easement for party wall 380 736. Premises subject to easement for drain 880 787. Description of water-power 880 738. Eeservation of ground for streets 881 739. Exception and reservation of mines, with rent and covenant to pay damages 881 Deeds creatiTig or conveying particular estates other than an absolute fee : 740. Deed of a life estate with remainder over 382 741. Deed by a tenant for life 382 742. Assignment of dower 883 745. Kelease of dower 384 744. General release of dower in consideration of beneficial provisions of will 384 745. Short form of release of dower by indorsement on deed 885 746. Deed conveying reversion in fee subject to outstanding life-estate 835 747. Release of rents 386 743. Deed of surrender of a term for life or years to the reversioner 8S8 749. Short form of a surrender of lease, to be indorsed thereon 388 750. Deed creating a joint tenancy 888 761. Deed creating a tenancy in common 389 752. Kelease of part of mortgaged premises 389 753. Deed of right of way, with covenant by grantee to repair 890 754. Eight to lay an aqueduct 891 755. Deed of water-power, measured by capacity of flume 891 756. Deed of a pew by proprietors of a church 391 757. Deed by trustees of religious corporation conveying a pew subject to assessments to be laid , 392 758. Deed of a pew by one individual to another 392 759. Deed of laud to a railroad company for the purpcsea of their road 398 760. Trust deed 394 761. Habendum of a deed in trust for a married woman 394 762. Deed conveying in trust for support of grantor's parents, with power of appointment to them, and a reservation of rents for payment of en- cumbrances 895 316 ABBOTTS' FORMS. Deeds for Alabama; — Arkansas; — California. FoEitS SANCTIONED BY THE StATBTES OB PeACTIOB OF PABTIOinAE StATES, AND DiEBOIlONB FOE ExEOUTION. Alabama [Conveyances of land must he " 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 said instrument must he at- tested by one, or, where the party is a married woman, or cannot write, by two witnesses, who are able to write their names as witnesses."(/) In any case, if the deed is to be proved, two witnesses are necessary .''j') But in all cases, ac- knowledgment by the grantor dispenses with the necessity tor witnessing.(A) A seal is, perhaps, not essential to a private deed ; and a scroll is cpmmonly tsed as a seal. All writings which import on their face to be sealed are to be taken as sealed instruments, and have the same effect as if the seal of the party was aifixed.(i) Words of inheritance are not necessary to pass a fee. The words, " grant, bargain and sell," unless qualified, imply covenants against the grantor's acts.(j) The form given for VraGrNLA (No. 666, etc.) may be used for this State.] Arkansas. [Words of inheritance are not essential to convey a fee. The words, "grant, bargain and sell," unless qualified, imply covenants against the grantor's acts.(A) Deeds must be sealed ; but a scroll, or a durable impression on the paper, is a sufficient seal for the purpose.(?) They must be executed in the presence of two disinterested witnesses, or miist be acknowledged iu the presence of two such witnesses, who must then subscribe as such.] CaliforDia, [Words of inheritance are not necessary to convey a fee. The words, " grant, bargain and sell," unless restrained by express terms contained in the conveyance, imply a covenant against the grantor's own acts.(m) The forms given for New York are appropriate. A seal is no longer req,mred.(M) Two witnesses were always enough ; but if the deed is acknowledged, wit- nesses are unnecessary. No mortgage, sale or alienation of a homestead under the Homestead Act is valid without the signature of the wife, and her acknowledgment on an exami- nation had apart from her husband, certified as in other cases.(o)] (/) Co* 0/1852,276, il2«6. (0 Pillow «. Roberts, 7 JEng., 821; {g) lb., § 1282. Hemps., 624, 638. (A) Jh., § 1267. ("0 See note (i), p. 885, infra. (i) lb., § 1315. («) McDonald si. Bear liiver, etc., Co., U) lb., §§ 1299, 1314. See note (A), on 13 Gal., 220; Giv. Oode, § 1629. p. 335, infra. ' (o) Pease v. Barbiers, 10 Gal., 486. (i) Rev. Stat., 188, §§ 1, 8. See note (i), p. 335, ir^ra. DEEDS. 317 Connecticut ; — Delaware ; — Georgia ; — lUiuois. Connecticut. [A deed must be ■' subscribed by tlie grantor witb his own hand, or with his mark, with his name thereunto annexed, and also attested by two wit- nesses with their own hands, or with their marks with their names thereunto annexed ; or the name of the grantor shall be subscribed to such grant, by liia lawful attorney authorized by a written power for that special purpose, duly executed and acknowledged," as prescribed in case of deeds.{jj) Any instrument purporting and intended to be a specialty, by a person or corporation not having an official or corporate seal, may be sealed by the addi- tion of the word " Seal" or the letters " [l. s.]," or their equivalent ; and any oiEcial or corporate seal may be impressed upon the pappr without the use of other tenacious substnnce.fy)] Hela-vraie. [If there are no express covenants in a deed, the words " grant, bargain and Bell," if not restricted, imply a special warranty .(r) A sea] upon wax is not necessary, but soAiething designed to answer the . purpose of a seal is necessary. A seal will not be implied from the words Witness my hand and seal.(«) It is usual to have two subscribing witnesses.] Georgia. [A conveyance of land must be sealed.(i) An ink scroU is a sufficient seal.(tt) Unless the deed is witnessed officially within the State,(«) it must be exe- cuted in the presence of two witnesses, who must subscribe as such. If not actually delivered in their presence, it must be declared by the grantor in their presence to be delivered as his deed.(M)] Illinois. [Words of inheritance are not necessary to convey the fee. The words "grant, bargain and sell," unless qualified, imply a covenant against the grantor's own aots.(a!) A subsequent express covenant will not of itself restrict the operation of such implied covenant.(y) A scrawl is a sufficient 8eal.(2) Two witnesses are usual ; but an acknow- ledgment by the grantor dispenses with the necessity of witnesses.] 643. Deed Conveying With Covenants. This DnjENTtruB, made and entered into this day of , in the year of our Lord one thousand eight hundred and , by and between A. B., of the county of , and State of , the party of the first part, and T. Z., of the comity of , and State of , the party of (p) Stats. ; Gomp. 0/1854, 631, § 8. («) See Dinkins a. IVloore, 17 Geo., 62. (J) Act of 1851, Stats. : Comp. of 1854, {W) Kushin v. Shields, 11 Geo., 036. 638, i 2. (ic) S. T. & B., SUa., 961. {r) See note Qc), infra p. 385. (j/) lb., 291. See the statute stated ia f») Armstrong v. Pearce, 5 Haw., 851. note (Jo), p. 835, infra, (t) Eeinhart «. Miller, 22 Geo., 402. U) Hawk v. MoCv.llough, 21 lU., 220. («) Williams v. Greer, 12 Geo., 459 818 ABBOTTS' FOEMS. Deeds for Illinois ; — for Indiana. the second part, witnessbth: That the said party of the first part, for and in consideration of the sum of dollars to him in hand paid hy the said party of the second part, the receipt whereof is herehy acknowledged, has granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, release, convey and confirm unto the said party of the second part, his heirs and assigns, the following described real estate, situate, lying and being in the county of , and State of , known and designated as follows — to wit [here insert description]. To have and to hold said land and premises, with all the appurtenances thereto belonging, or in any wise appertaining, unto the said party of the second part, his heirs and assigns, forever. And the 8ah> I'ARTT of the first part, for himself and his heirs, does covenant to and with the said party of the second part, his heirs and assigns, that he is lawfully seized of the premises aforesaid, that the same are free from all encum- brances whatever ; that he will warrant and defend the said premises, with .the appurtenances, unto the said party of the second pai't, his heirs arid assigns, against the lawful claims of him and his heirs, executors and ad- ministrators, or any other person or persons claiming or to claim tide to the same or any part thereof. In testimony wheeeoj', -the said A. B., the party of the first part, has hereunto set his hand and seal, on the day and date first above written. [If not acJcnowledged, add here:] Signed, sealed and delivered ) [Signature and seaV in presence of, J [Signature of witnesses.] Indiana. [The use of private seals is abolished. One subscribing witness is necessary, unless the deed is acknowledged by the grantor. Words of inheritance are not necessary to convey a fee. It is enough, if the intent to do so is made clear.] (a) 644. Deed Conveying Without Gonenants.ib) A. B. quit-claims to T. Z. [here describe the premises], for the sum of [here insert the consideration]. Dated at , the day of , 18 . [One witness, unless acJinowledged.] [Signature,] 645. Warranty-Deed, (c) A. B. conveys and warrants to 0. D. [here describe the premises], for the sum of [here insert the consideration]. Dated at , the day of , 18 . [One witness, unless achnowledged.] [Signature,] (a) lis. the said Y. Z., his heirs and assigns, to his and their use and behoof for- ever. And I, the said A. B., for myself, my heirs, executors and adminis- trators, do covenant with the said Y. Z., his heirs and assigns, that I am lawt'uPy seized in fee of the aforegranted premises; that they are free from all encumbrances ; that I have good right to sell and convey the same to the said Y. Z., as aforesaid ; and that I win, and mj- heirs, executors and a'lministrators s-hall, waiTant and defend the same to the said Y. Z. and liis heirs and assigns forever, against the lawful demands of all persons.* Is TESTIMONY WHEREOF, I, the said A. B., have hereunto set my hand and seal, this day of , a. d. 18 . Signed, sealed and delivered ( [Signature and seal,} in presence of us, \ i Signatures of witnesses.] 655. 77ie Same; With Release of Dower, etc., by Wife.{p) [As in preceding form to the*, concluding thus:] In testimony weceeeof, I, the said A. B., and C, the wife of said A. B., in token of her release of all rights of dower and homestead exemption in the premises, have hereunto set our hands and seals, this day of , a. d. 18 . Signed, sealed and delivered) [Signatures and seals.] in presence of us, f [Signatures of witnesses.] («) Stoohett V. Hallidiiy, 9 Md., 480. which she releases her dower. But the (o) Stewart v. Clark, 13 Mete, 79. usual mode is as above. This form is sus- (p) To render the transfer of an estate tained by Stearns «. Swift, 8 Fich., D32. effectual and complete, it ia not necessary But merely being named, and joining in tluit the sale by the husband and the re- the execution without the insertion of linquishment of dower by the wife be by words of grant or release by the wife, i.s tlie same instrument. She may subse- nugatory. Lufkin v. Curtis, IS Mass., qucntly release by a separate instrument, 223, reciting tlie sale as a consideration upon 324 ABBOTTS' FORMS. Deeds for Massachusetts ; — Michigan. 656. Quit-Glaim and Release.{q) Know all men by these presents, that I, A. B., of , merchant, in consideration of the sum of dollars, to me paid hy T. Z., of , farmer, the receipt whereof I do hereby acknowledge, do remise, release and forever quit-claim unto the said Y. Z., his heirs and assigns, all that parcel of land now in the seizin and possession of the said Y. Z., situate in , in the county of , and bounded and described as follows : [describinff it]. To havb and to hold the aforesaid premises, with aU the privileges and appurtenances, to the said messuage belonging or apper- taining, unto the said Y. Z., 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 claiming under mo 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 tbstimont [etc., as in either preceding forms]. 657. Deed hy Husband and Wife, Gomeying Wife's Land.if) Know all men by these presents, that we, A. B., of , farmer, and 0. B., wife of said A. B., in her own right, in consideration of dollars, to us paid by Y. Z., of , merchant, the receipt whereof we do hereby acknowledge, do, by these presents, give, grant, bargain, sell and convey ujito the said Y. Z., his heirs and assigns, aU that certain parcel of land, situate in , in the county of , bounded and described as follows : [here describe it], together with all the privileges and appurte- nances to the said land in any wise appertaining and belonging : and all the right, title and interest which we have, or either of us hath, in or to the same, or any part or parcel thereof. To have and to hold the above de- scribed real estate with the appurtenances to the said Y. Z., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., for myself, my heirs, executors and administrators, do covenant with the said Y. Z., his heirs and assigns, that I, the said A. B., and 0., the said wife,(s) in her right, are lawfully seized in fee of the above conveyed real estate ; that the same is free from all encumbrances ; and that I, said A. B., my heirs, executors and administrators, shall and will warrant and defend the same to the said Y. Z., his heirs and assigns, against the lawful claims and de- mands of all persons. In testimony whereof, we, the said A. B. and C. D. have [etc., as in Form 654]. Michigan. £A scroll or device is a suiEcieut seal, except in cases for which official seak (f) This sufflces to pass all the grantor's (») It is a very common practice to estate. phrase the covenants as if made by the (r) It is essential that the husband join, wife as well as the husband ; but they can- unless he has abandoned his wife or has not bind her. Colcord v. Swan, 7 Mass., be^n sentenced to State prison. Fowler 291. Otherwise in a deed of her separate ». Shearer, 7 Mass., 14. estate. Basford v. Pearson, 7 Alkn, 504 DEEDS. 325 Minnesota ; — Mississippi ; — Missouri. are provided. There should he two suhscrihing witnesses. But deeds executed without the State may be executed according to the laws of the place of execution.] Minnesota. [The law is the same as that for Wisconsin, stated helow.(J)] Mississippi. [A deed of quit-claim or release suffices to convey all the estate of the grantor .(«)" A scroll or printed impression, intended as a seal, is sufficient.(») There should he two witnesses,(«!) unless the deed is acknowledged.] Missouri. [The words " grant, bargain, and sell" imply covenants.(a;) " Every conveyance in fee or of a freehold estate shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful a,gent."{y) Merely affixing a scrawl to the signature is not a sufficient seal. To make a scrawl suffice, there must be something in the body of the instrument show- ing that the mak«r intended it as a sealed instrument. The words "this indenture" are not enough for this purpose.(«)] 658. I)eed With General Warranty .{a) Know all men by these presents, that I, A. B., of [or, we, A. B., of , and 0. B. his wife], have this day, for aod in consideration of the sum of dollars to the said A. B., in hand paid by T. Z., of ,* granted, bargained and sold, (5) and by these presents do grant, bargain and sell(J) to the said Y. Z., the following described tracts or parcels of land situate in tlie county of , in the State of Missouri — that is to say \liere dencribe the lands sold] : To have and to hold the premises hereby conveyed, with all the rights, privileges iind appurtenances thereto belonging, or in any wise appertaining, nnto the said Y. Z., his heirs and assigns, forever : I, the said A. B., hereby covenanting to and with the said Y. Z., his heirs and assigns, for myself, my heirs, executors and adminis- trators, to warrant and defend the title to the premises hereby conveyed, against the claim of every person whatsoever, t (t) Pub. Stat. (1858), 897-8, §§ 1, (lo) Formerly one was suffioient. Shirley 10, n. «. Fearne, 33 Miss. {Geo.), 653. (u) Hutch. Dig., 610, § 28. Kerr ii. {x) See note (A), p. 835, infra. Freeman, 3-3 Miss. {Geo.), 292; Fairley v. (y) 1 Rev. Stat. (1870), 273, § 7. Fairlcy, 34 74., 18. (a) Walker v. Keile, 8 Mo., 448. (v) Jiev. 6Wc (18.37), 355, Art. 1. The (a) This form and the two following are intent may appear from the device itself from 2 Rev. Stat. (1855), 1643, No. 9S). alone, us well as from words in the instru- {b) If oovenunls are not intended, the ment. ^yhittin!;ton ». Clark, 8 S. & M., deed should be so expressed as to re- 480: McGruire 41 MoCraveu. 9 /6.,34. strict the statutory force of these words. 326 ABBOTTS' FORMS. Deeds for New Hampshire ; — New Jersey. In witntesb whbebof, I [or, we] have hereto subscribed my name and affixed my seal [or, our names and affixed our seals] this day of , 18 . Signed, sealed and delivered ) [Signature and seal.] in presence of i {Signatures of witnesses^ 659. Deed With Special Warranty. [As in preceding form, inserting at the t these words:] claiming by, through or under the said A. B. 660. Quit- Claim Deed. [As in Form 658 to the *, thence concluding thus .■] do remise, release aind forever quit-claim unto the said Y. Z., and to his heirs and assigns, the following described tracts or parcels of land situate in the county of , and State of Missouri — that is to say [here describe the lands released\. In witijess [etc., as in Form 658]. Ne'w Hampshire. [A seal is necessary, and it must be an impression on wax or wafer. Two Bubscribing witnesses are required. The forms given for Massachusetts are appropriate.] New Jersey. [Words of inheritance are deemed necessary to convey a fee. The seal should be an impression on wax or wafer. One witness is required by the settled practice.] 661. Deed Conveying With General Warranty. This indentuee, made the day of , in the year one thousand eiglit hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and T. Z., of , in the said county, farmer, of the second part, witnesseth, that the said A. B., for the consideration of dollars, the receipt whereof is hereby ac- linowledged, have and by these presents do grant, bargain, sell and convey unto the said T. Z., and to his heirs and assigns, all that [here insert descrip- tion of premises], together with the rights, members, privileges and appur- tenances, and the reversions and remainders, rents, issues /ind profits thereof: To have and to hold unto the said Y. Z., his heu's and assigns, to his and their only use, benefit and behoof forever. Ano the said a. B. doth for himself, his heirs, executors and adminis- trators, covenant with the said Y. Z., his heirs .and assigns, that * at thp sealing and delivery hereof, he is the owner in fee-simple of the said premises hereby granted or intended so to be, and that the same are free DEEDS. 327 New Jersey ; — New York ; — Oliio. and clear of all oliarges and encumbrances whatsoever ; and that lie and they, tlie said premises unto liim, the said Y. Z., his heirs and assigns, against all persons lawfully claiming or to claim the same, shall and will warrant and forever defend. In witness wherboj?, the party [oi; parties] hereto of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals], the day and year first above written. Signed, sealed and delivered ) [Signatures and seals.] in the presence of i [Signature of witness.] 662. Deed Conxeying With Special Warranty. [As in preceding form to the * continuing thus:] he, the said A. B., has-: not done, or suffered to be done, any thing whereby the said premises hereby granted or intended so to be, are or may be in any manner encum- bered or oliarged ; and that he and they, the said premises unto him the said Y. Z., his heirs and assigns, against all persons lawfully claiming or to claim the same, by, through or under them the said A. B., and 0. B. Lis •wile, or either of them, shall and will warrant and forever defend. In WITNESS [«««., as in preceding form]. New York. [Words of inheritance are not necessary to convey a fee. No covenants can be implied in a conveyance of land. The usual form of conveyance is the in- denture. The forms from No. 672 to 762 are appropriate. A seal is necessary, and a scroll is not sufficient. Was, or, more commonly , a bit of paper gummed or wafered to the instrument, with sufficient force to leave the traces of an impression, is used. One subscribing witness is necessary to a grant of lands, unless the instrument is acknowledged by the grantor. The statute requires the witness to attest the delivery as well as the execu- tion ; but this requirement is satisfied by an execution in the presence of the grantee, without anything to qualify the jiresumption of an intent of delivery ; or even by an execution in the absence of the grantee, if the grantor declares the deed to be delivered as his act.(c) The witness should be present at the time of execution, or should be called in, and have the signature acknowledged to him immediately after the execution.(d) Married women conveying their separate estate acquired since the act of 1848, and married women residing without the State, and joining with their hus- bands in a deed, may convey as if sole.] Ohio. [Words of inheritance are necessary to convey a fee. A seal is necessary, but a scroll with the pen is sufficient as a private seal. The signing and sealing must be acknowledged by the grantor in the presence (c) 4 Kent^s Com., 456, and note ; Kose the transiiction is sufficient, is unsettled. V. Kose, 7 Barb., 176. Jackson •». Phillips, 9 Obao., 94; Hollen- (d) Whetheran attestation by a witness bacl!; v. Meming, 8 Sill, 808. upon an acknowledgment made long after 3518 ABBOTTS' FORMS. Deeds for Ohio ; — Oregon ; — Pennsylvania, of two witnesses, wlio must attest the signing and sealing, and subscribe their names to such attestation. The deed must also be acknowledged before a Dpoper oflBcer.] 663. Beedj With Covenants and Warranty. Know aix men by these presents: That A. B., in consideration of dollars, to him paid by Y. Z., the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey to the said T. Z., his heirs and assigns, forever, all [here insert description of the premises], and all the estate, title and interest of the said A. B., either in law or in equity, of, in and to the said premises ; together with all the privileges and appurtenances to the same belonging, and all the rents, issues and profits thereof; to have AND to hold the same to the only proper use of the said Y. Z., his heirs and assigns, forever. And the said A. B., for himself and for his heirs, exec- utors and administrators, does hereby covenant with the said Y. Z., his heirs and assigns, that he is the true and lawful owner of the said premises, and has full power to convey the same ; and that the title so conveyed is clear, free and unencumbered ; and further, that he will warrant and de- fend the same against all claim or claims of all persons whomsoever. liff WITNESS WHEEEOF, the Said A. B. has hereunto set his hand and seal ■ [or, if a toife joins to har dower, soa/, the said A. B., and 0. B. his wife, who hereby releases her right and expectancy of dower in the said premises,(e) have hereunto set their hands and seals] this day of , in the year of our Lord one thousand eight hundred and Signed and sealed in ) [Signatures and seals.\ presence of us. S [SigrMtures of witnesses.^ Oregon. [The law is the same as that of Wisconsin, stated below.](/) * Pennsylvania. [Words of inheritance are necessary to convey a fee. The words "grantj bargain and seU," unless qualified, imply covenants.(^) Deeds must be sealed, but an ink scroll is sufficient for a private seal. It is the practice to have two subscribing witnesses, but this is not necessary where the deed is acknowledged.] 664. Warranty-Deed. This indentuee, made the day of , in the year of our Lord one thousand eight hundi-ed and , between A. B., of , of the one part, («) The deed must contain apt words, terms confined to the husband, will not expressive of the estate intended to be bar the wife's dowor. McFarlaTid ». Fe- conveyed by the wife. A joint deed of biger, 7 Ohio, 194. husband and wife, executed and duly ao- (/) Stat, of Oregon, 1855, 519, 523. knowledged by both, but the conveying (g) See note (i), p. 835, infra. part being in the singular number, and in DEEDS. 329 Kliode Island ; — South Carolina. and T. Z., of , of the otlier part, -witnesseth, that the said A. B., for and ill consideration of the sum of dollars, lawful money of the United States of America, unto A. B. -well and truly paid by the said Y. Z., at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release and confirm unto the said Y. Z., his heirs and assigns, forever [here insert the description of the premises'], together with all and singular the , ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belong- ing or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of A. B., in law, equity or otherwise, how- soevei-, of, in and to the same, and every part thereof [if subject to encum- brance, say, subject to a mortgage, etc., or otherwise describinrj it], to have and to hold the said , hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances [suliject as afore- said], unto the said Y. Z., his heirs and assigns, to and for the only proper use and behoof of the said Y. Z., his heirs and as>ign3, forever. And the said A. B., his heirs, executors and administrators, do, by these present?, covenant, grant and agree, to and with the said Y. Z., his heirs and assigns, that he, the said A. 15., and his heirs, aU and singulai' the hereditaments and prem- ises hereinabove described and granted, or mentioned and intended so to be, with the appurtenances unto the said Y. Z., his heirs and assigns, against him the said A. B., his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim the same, or any part thereof, shall and will warrant and forever defend. In witness whereof, the said parties to these presents have hereunto interchangeably set their hands and seals(A) [or, "Witness my hand and seal(^)]. • Dated the day and year first above written. Sealed and delivered in ) [Signature and seal.] the presence of us. [Signatures of witnesses.] Rhode Island, [Worde of inheritance are necessary to convey a fee. The forms given for Massachusetts are appropriate. A seal is necessary, and it should be by impression on wax or wafer. Two witnesses are usual. The deed must also be acknowledged.] South Carolina. [A scroll is a sufficient private seal for a deed. There should bo two wit- nesses.} (A) The omission of the words "and seal," is not fatal. Miller v. Binder, 28 Perm. St. 480. -S 330 ABBOTTS' TOEMS. Deeds for Tennessee ; — Texas ; — Vermont. 665. Deed with Warranty. (J) State of South Carolina : Know all men by those presents, that I, A. B., of , in the State aforesaid [yeoman], in consideration of , to me paid by Y. Z., in the State aforesaid, have granted, bargained, sold and released, and by these presents do grant, bargain, sell and release unto the said Y. Z., all that \liere describe the land], together with all and singular the rights, members, hereditaments and appurtenances to the said premises belonging, or in any wise incident or appurtenant. To hate and to hold all and singular the premises before mentioned, unto the said Y. Z., his heirs and assigns, for- ever. And I DO HEEEBT bind myself, my heirs, executors and administra- tors, to warrant and forever defend all and singular the said premises unto the said Y. Z., his heirs and assigns, against myself and my heirs, and against every person whoinsoever lawfully claiming, or to claim the same, or any part thereof.(j) Witness my hand and seal, this day of , in the year of our Lord one thousand eight hundred and , and in the year of the independence of the United States of America. Signed, sealed and delivered } [Signature and seal.l in the presence of ) [Signatures of two witnesses.] Tennessee. [Words of inheritance are not necessary to convey the fee.{h) A scroU, or the word " Seal," written after the signature, is sufficient as a private seal, or for an officer for whom no public seal is provided.] (J) Texas. [Words of inheritance are not necessary to convey a fee. A scroll is a sufficient seal for deeds, provided that the person executing rec- ognizes it in the body of the instrument as having been affixed by way of Beal.(«i) Two subscribing witnesses are usual.] Vermont. [Words of Inheritance are necessary to convey a fee. The forms given for Massachusetts are appropriate. A seal is required, and it should be an impression on wax or wafer. Two subscribing witnesses are required. Deeds executed within the State must be acknowledged.] (i) This form is declared sufficient by Glenn, Bich., 374 ; Faries n. Smith, 11 statute in South Carolina. 5 /'ui. i., 256, Jb., SO. §1. And ia Texas, Sartl. Dig., iW, e.Tt. {k) Cromwell v. Winchester, 2 Ileud, 170. 889. (J) This is held to import all the five {I) Whitley v. Davis, 1 Swan, 333. covenants : seizin, right to convey, quiet (m) English v. Helms, 4 Tex., 228 ; Muoij- enjoyment, free from encumbrances, and leray v. Bethany, 23 lb., 163. in eifeot al.so further assurance. Jeter v. DEEDS. 331 Virgiuia, Virginia. [Words of inheritance are not necessary to convey a fee.(7i) A scroll is a suflScient private seal for a deed. There shouM be two vfit- nesses, hut an acknowledgment by the grantor dispenses with the necessity of witnesses.] 666. QuiUClaim Deed.{o) This deed, made the day of , in the year 18 , between [Aer« insert names of parties}, WITNESSETH, that in consideration of [here state the consideration}, the said doth [or, do] release to the said , all his claims \ipon the said lands — to wit : [describing them], WiTisrESS the following signature and seal. \Signature and seal^ 667. Deed to Convey Orantorh Whole Interest.ip) This deed, made the day of , in the year , between [here insert names of parties}, witnesseth, that in consideration of [here state the consideration}, the said doth [or, do] unto the said , bargain, sell and grant all, etc. [here describe the property, {., or either of us, or any other person in our or either of our names and behalf] shall or will hereafter claim or demand any right or title to the premises, or any part thereof; but they, and every of them, shall by these presents be excluded and forever barred. . In witness wHEiiEOF, I [o7; we] have hereunto set my hand and seal [or, our hands and seals], this day of , in the year one thousand eight hundred and Signed, sealed and delivered) [Signatures and seals of grantois.] in the presence of ) [Signature of witness.} 676. Deed Gomieying Without Covenants. This indentueb, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , farmer [and 0. B. his wife], of the first part, and Y. Z., of , in said county, merchant, of the second part : Witnesseth, that the said party [or, parties] of the first part, in consideration of the sum of dollars, to him [or, .them] paid by the said party of the second part, the receipt whereof is hereby acknowledged, has [or, have] granted, bargained and sold, and by these presents does [or, do] grant, bargain and sell(J) unto the said party of the second part, and to his heirs and assigns Minnesota {Stats., 1851, 211, § 8), Mississippi {Bev. Code, 1857), 309, Art. Mississippi (Zfu^cA. Dig., 610, § 28 ; Kerr 16, and «.• Fi-eeman, 33 Miss. (Geo.), 292; and Pennsylvania, Pwrdori's Dig., 822, Vip.GiNiA ( Co(^«, 503, § 3), that the words "grant, bargain and that a deed of quit claim and release, of sell," in conveyances in fee, amount to an the form in common use, shall be suf- express covenant to the grantee, his heirs flcient to pass all the estate which the and assigns, that the grantor was seized grantor could lawfully convey by bargain of an indefeasible estate in fee-simple, and sale. free from-eucumbrances done or sufiercd {}) Omit these words, unless a wife from the grantor, except the rents and joins. services that are reserved; and also for. (k) It is enacted in the States of Ala- quiet enjoyment against the grantor, his BAMA {Code of 1852, § 1314) ; heirs and assigns, unless limited by the Arkansas {Bev. Stat., 1838, 188, § 1), express words of such conveyance. Illinois, S. T. & B. Stat., 961, This implied covenant, liowever, w 336 ABBOTTS' FORMS. Deed with Covenant against Grantor's Acts. forever, all [here insert description of prem.ines']. together mth all and singular the tenements, hereditaments and iippnrtenanc.es thereunto belong- ing, or in any wise appertaining; and the reversion and reversions, re- mainder and remainders, rents, issues and profits thereof; and also aU 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 party [or, parties] of the first part, of, in and to the above-granted premises, and every part and parcel thereof: To havje ano to hold all and singular the above-granted premises, together with the appui-tenances and every part thereof unto the said party of the second part, his heirs and assigns, forever. In witkbss wheeeof, the said party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals] the day and year first above written. ^ Signed, sealed and delivered ) [Signapare and seal.] in the presence of ) [Signature of witness.'] 677. Deed with Covenant Against Grantor^s Acts. This inbentueb, made the day of , in the year one thousand eight hundred and , between A. B., of the city of , and State of construed as merely a covenant against the grantor's own acts. i Kent's Com., 474; Gratz v. Ewalt, 2 Binn., 95 ; Eoebnok ». Depuy, 2 Ala., 451 ; BawU on G., 586 ; Prettyman u. Wilkey, 19 Ills., 285 ; Latham v. Morgan, 1 Sm. t& M. Oh., 611. In Arkansas the same words, " grant, bargain and sell," are also a covenant for the quiet enjoyment against the claim or demand of all other persons whatsoever, unless limited by express words. Bev. Stat., 188S, 188. In Califoknia, these words import a covenant that previous to the execution the grantor has not conveyed any interest to any other than tlie grantee, and that the premises are free from encumbrances done or suffered by the grantor or any person claiming under him. Wood's Dig., 888. In Delaware, it is enacted that " where there is no expregs covenant in a deed, the words grant, biirgain cmd sell, shall, u nless specially restrained, imply a special warranty against a grantor and his heirs, and all persons claiming under him." Beo. Stat., 1852, p. 266, § 2. In Missouri, they are equivalent to express 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 o1 the execution of such conveyance, tVer^ from encumbrance done or suffered by thegrantor, or any person claiming under 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. 1 Jiei), Stat. (18.55), 355, § 1. The provision in the State of Missouki, making these words a covenant for further assurance and to remove encumbrances, embraces such encumbrances only as the grantor can control. Armstrong «. Darby, 26 Uisso. (5 Jones), 517. The covenants raised by force of such statutes are regarded as equivalent to an express covenant, and a subsequent express covenant of narrower import does not restrict its effect. Hawk v. McCul lough, 21 Ills., 220. These statutory covenants do not bind executors, administrators, etc., personally, when the words are used by them iu conveyances in the necessary execution of ■ their trusts. Shontz v. Brown, 27 Bmn. St., 128. DEEDS. 337 Covenant against Grantor's Acts. Warranty. , meroliant [and 0. B. his wife], of the first part, and T. Z., of , in said county, farmer, of tlie second part, "Witnksseth, that the said party [or, parties] of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him [01; them] 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 acknowledged, has [or, have] granted, bargained, sold,(Z) aliened, remised, released, con- veyed and confirmed, and by these presents do grant, bargain, 8ell,(Z) alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs [or, if a corporation, their successors] and assigns, forever, all [here insert description of the premises'], 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, interest [dower and right of dower(m)], property, possession, claim and demand whatsoever, both in law and in equity, of the said party [or, par- ties] of the first part, of, in and to the above-granted premises, and every part ^nd parcel thereof, with the appurtenances. To have and to hold aU and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the secdnd part, his heir* and assigns, forever.* And the said A. B. [not naming the wife], for himself, his heirs, execu- tors and administrators, does hereby covenant, promise and agree to and with the said party of the second part, his heirs and assigns, that he has not made, done, committed, executed or suffered any act or acts, thing or things whatsoever, whereby or by means whereof, the above mentioned and de- scribed premises, or any part or parcel thereof, noW are, or at any, time hereafter, shall or may be impeached, charged or encumbered, in any manner or way whatsoever. In witness wheebop, the said party [or, parties] of the first part, has [or,. have] hereunto set his hand and seal [or, their hands and seals], the day £md year first above written. Signed, sealed and delivered ) [Signatures and seals.] in presence of J [Signature of witness.] 678. Wa/rraniy-Deed.(ri) This indentttee, made this day of , in the year one thousand eight hundred and , between A. B., of the city of , and State of , merchant [and C. B. his wife], of the first part, and Y. Z., of , in said county, farmer, of the second part, Witnesseth, that the said party (0 See note (J) preceding. unless otherwise expressed; though this (m) Omit these words, unless a wife joins, rule does not obtain in Pennsylvania, (re) The warranty in this form is called where such a contract is satisfied by a the general warranty, being against the special warranty — i. e., against the ven- aots of all persons. A contract to give a dor's acts. For a form of which, see No. w&rranty-dced calls for a general warranty, 679. 22 33S ABBOTTS' FORMS. Warranty-Deed. ["r, parties] of the first part, in consideration of the sura of dollars, lawful money of the United States, to him [or, them] 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 acknowledged, and the said party of the second part, his executors and administrators, forever released and discharged from the same, by these presents, has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, con- vey and confirm unto the said party of the second part, and to his heirs and assigns forever, aU [here insert description], together with all and sin- gular the tenements, hereditaments and appurtenances thereunto belong- ing or in any wise appertaining ; and the reversion and reversions, remain- der and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest [dower and right of dower], (o) property, pos- session, claim and demand whatsoever, both in law and in equity, of the said party [or, parties] of the first part, of, in and to the above-gi-anted premises and every part and parcel thereof, with the appurtenances. To HAVE AND TO HOLD the above mentioned and described premises, with the appurtenances and every part thereof, to the said party of the second part, his heirs and assigns, forever.* And the said A. B. 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 [or, parties] of the first part, and his [or, their] heirs, and against all and every person and persona whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will warrant and by these presents forever defend, (p) In jtitness wheeedi', the said party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals] the day and year first above written. Signed, sealed and delivered in ) [Signatures and seals.} presence of ) [Signature of witness.} 679. Special Warranty.{q) [As in the preceding form, or as in Form 677, substituting in place of th-e paragraph following the '*, this clause .•] And the said A. B. and his (o) Omitthese words, unless a wife joins. 122; Blydenburgh «. Cotheal, ■ 1 Dnier, (p) This is the form of general warranty 176; Mitchell ». Warner, 6 Conn., 497, in use in New York, and it is believed to 510 ; Loomis ». Bedel, 11 A' 51, 74 ; Ham- be the same generally throughout the ilton v. Cutts, 4 Mass., 349. country. Bawle on 0., 240. This cov- (j) It has been held, that where the enant is not broken by want of title in deed purports to convoy " all the right, the grantor, or an outstanding title in title and interest of the grantor," a special another. Eviction, or a disturbance or warranty, such as the above, is to be surrender of possession, is necessary to deemed to relate to the title, not to the constitute a breach. Kent «. Welch, 7 land itself, and it does not estop the Johns., 258; Miller ij. Watson, 5 Gov., grantor to set up a title subsequently ac- 19ri; Vandekarr i Vaiidokarr, 11 Johns., quired. Comstock v. Smith, 13 Pieh., 116. DEEDS. 339 Full Covenants and Warranty. heirs, the above-described and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said part of the second part, heirs and assigns, against the said part of the first part, and heirs, and against all and every person and persona whomsoever, lawfully claiming or to claim the same, or any part thereof; by, from or under him, them or any of them, shall and will warrant, and, by these presents, forever defend. In witness [etc., concluding as in preceding form\. 680. Warranty-Deed, With Full Covenants. Tnia iNDENTUEE, made this day of , in the year one thou- sand eight hundred and , between A. B., of , in the county of , and State of , farmer [and 0. B. his wife], of the first l)art, and T. Z., of the same place, merchant, of the second part, wiTNBSSr ETn : That the said party [or, parties] of the first part, in consideration of the sum of dollars, lawful money of the United States, to him [or, ■ them] paid by the said party of the 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 administra- tors, forever, released and discharged from the same by these presents, has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and, by these presents, does [or, 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, .ill [here insert descriptiori] ■ together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and rever- sions, femainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest [dower and right of dower], (7-) property, possession, claim and demand whatsoever, both in law and in equity, of the said party [or, parties] of the first part, of, in and to the above-granted premises, and every part and parcel thereof, with the appurtenances : To HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof, nnto the said party of the second part, his heirs and assigns, forever. [If there is any encumbrance state it thus: subject, however, to a certain indenture of mortgage for dollars, and dated , 18 , and recorded in the office of , in Liber of Mortgages, at page , and also subject, etc] And the said A. B. [not naming the wife], for himself, his heirs, execu- tors and administrators, does covenant, promise and agree to and with the said party of the second part,- his heirs and assigns, that the said A. B., at But Loomis «. Bedel (U Jf. H., 74) is to that right. Comstock ■». Smith, 13 Pick., the contrary. Compare Friuk v. Darst, 116, holds the contrary where the war- lillls., 80i; Miller «. Ewing, 6 Gush., 84-. raiity is special. But such covenant ex- it was hold in Loomis d. Bedel, 11 N. tends only to lands and tenements — that //., 74, that a covenant to warrant and is, to what is permanent and immovable — detend the premises, refers to the lands and does not include water or easements, described, and not merely to " the ri^jht, Mitchel V. Warner, 5 Gonn., 497. title and interest of the grantor," oven (»•) Omit tliese words, unless a wife where the deed only purports to convey joins. 3-10 ABBOTTS' FOEMS. Warranty- Deed. fhe time of tlie sealing and delivery of these presents, is lawfully seized in his own right [or otherwise^ as the case may. be], of a good, ahsohite and in- defeasible estate of inheritance, in fee-simple, of and in all and singular the above granted and described premises, with the appurtenances [if conveyed mibject to encumbrance, say, subject as aforesaid] ; and has good right, full power and lawful authority to grant, bargain, sell and convey the same, in manner aforesaid. And that tlie said party of the second part, his heirs and assigns, shall and may at aU times hereafter, peaceably and qnietly 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, molestation, eviction, or disturbance of the said party [or, parties] of the first part, his [or, their] heirs or assigns, or of any other per- son or persons lawfully claiming or to claim- the same ; * and that the same now are free, clear, discharged and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and encumbrances, of what nature or kind soever * [if conveyed, subject to an encumbrance, say, except as aforesaid], (.?) And also, that the said party [or, parties] of the first part, and his [or, their] heirs, and all and every other person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the above-granted premises, by, from, under or in trust for him [or, 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 as- signs, make, do and execute, or cause or procure to be made, done and ex- ecuted, aU and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted or intended so to he 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, or his or their counsel learned in the law, shall be reasonably devised, advised or required. And the said A. B. [not naming wife] and his heirs, the above-described and hereby granted and released premises, and every part and pai'cel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, pgainst 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 whekeof, the said party [or, parties] of the first part has [or, have] hereunto set Ms hand and seal [or, their hands and sea^s], the day and year first above written. [Signatures and seals.] Signed, sealed and delivered ) in the presence of f [Signature of witness] («) The words between the * * eonsti- enlargement to the covenant for quiet tute the covenant against encumbrances, possession, its connection being that the as it now generally runs in deeds in New grantee and his heirs, etc., should enjoy York and some other States. This cove- quiet possession, and that, free of all en- uaiit, however, in its original form, was a oumbranoe. For that form of the oovo- clnupe added by way of qualification or nant', see Form 624, supra. DEEDS. 341 Covenant against Nuisances. 681. Deed With Covenant iy Grantee Against Certain Kinds of Building and Occupations, and Against Nuisances.(t) [As in other full forms to the habendum, thence as follows:] To have and TO HOLD the above-mentioned and described premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever, subject, nevertheless, to the covenants, conditions and restrictions hereinafter expressed. And the said party of the second part, for himself, his heirs and assigns, doth covenant and agree to and with the said A. B., his heirs, executors, administrators and assigns, as follows — that is to say, that the party of the second part, his heirs or assigns, shall not, at any time hereafter, erect or cause or procure, permit or suffer to be erected upon the hereby granted premises, or any part thereof, any building other than a building of brick or stone, with a roof covered with slate, tin, zinc or other metal; nor at any time hereafter erect, or cause, procure, permit or suffer to be erected, upon the rear of the lot or lots hereby conveyed, or any of them, any building to be used or occupied, or for the purpose of being used or occupied, as a dwelling-house or habitation; nor at any time hereafter erect or cause or procure, permit or suffer to be erected, upon the premises hereby conveyed, or any part thereof, any building to be used or occupied, or for the purpose of being used or occupied, for any of the purposes herein and hereby .prohibited; nor at anytime use or employ, or cause, procure, permit or suffer to be used or employed, by his heirs or grantees, lessees, or tenants, of said premises, or any part thereof, or by any other person holding possession of said premises, or any part thereof, under his title, any building erected, or which may at any time hereafter be erected, on said premises or any part thereof, for the use or purpose of^ or as, a brewery, distillery, slaughter-house, smith shop, carpenter shop, forge or furnace, steam-engine, brass foundry, nail or other iron foundry, soap, candle, starch, varnish, vitriol, glue, ink, turpentine or bone factory, or manufactory of gunpowder, or any bone-boiling establishment or factory for tanning, dress- ing or preparing skins, hides or leather, or a cow or a livery stable, or cat- tle-yard or hog pen, or for any other dangerous, noxious or offensive pur- pose or establishment whatsoever. And that the said party of the second part, his heirs and assigns, shall not carry on, prosecute, conduct, use or employ or procure, cause, permit or suffer to be earned on, prosecuted, conducted, used or employed on said premises, or any part thereof, by his or their grantees, lessees, tenants or by any person in possession of said premises, or any part thereof, any steam- engine, or any of the said trades, business, machines or employments above specified, or any other noxious, offensive or dangerous trade, busi- ness or employment. And it is expressly understood and agreed, and this conveyance is made and accepted upon the express condition that if said premises, or any part (t) For a form of ordinary covenant against nuisances, see cliapter on Covenants. 342 ABBOTTS' FOEMS. Deed with Covenant against Nuisances. thereof, or any building thereon erected or to be erected, or any pwt thereof, shall, at any time, be used or procured, permitted or suffered to be used by the said pai-ty of the second part, his heirs or assigns, or any lessees, tenants or any persons in possession thereof, under him, them or either of them, for any of the purposes above prohibited ; or if any of the said machines, trades, business or employments shall be employed, used, carried on, prose- cuted or conducted, or procured, permitted or suffered to be employed, used, carried on, prosecuted or conducted upon said premises, or any part thereof; or if said party of the second part, his heirs and assigns, shall neglect or fail to perform, fulfil and keep the several covenants herein con- tained, or make any default in the performance or fulfilment of said cove- nants, or any or either of them, then and in either of such events it shall be lawful for the said A. B. and his heirs and assigns, and also for the owner or owners of any lot or lots adjoining, or in the neighborhood of the prem- ises hereby conveyed, deriving title from or through the said A. B., and he or they or any of them are hereby authorized and empowered to re-enter into and upon said premises or the particular lot or lots in respect to which such covenant or covenants may have been broken, or neglected or omitted to be performed, fulfilled and kept, and without notice evict all persons therefrom in possession thereof, and to tear down, remove therefrom and sell such building or buildings so used or to be used or employed for the purposes herein and hereby prohibited, or either of them ; and also to tear down, remove therefrom and sell all fixtures, utensils and appurtenances used or intended to be used for the purpose of carrying on or conducting any or either of said trades, businesses or employments, such sales to be made in manner and form as sales of personal property, levied on by virtue of an execution ; and the proceeds thereof applied in payment of any expenses incurred in such tearing down, removal and sale, and also in the payment of all damages sustained or occasioned by means of the breach of the covenant or covenants aforesaid, and the surplus, if any, to be returned to the owner or owners of the particular lot or lots aforesaid. And it is expressly understood and agreed, that the said several covenants on the part of the said party of the second part, above specified, shall attach to and i-un with the land, and it shall be lawful not only for the saicf A. B., his heirs and assigns, but also for the owner or owners of any lot or lots ad- joining or in the neighborhood of the premises hereby granted, deriving title from or through said A. B., to institute and prosecute any proceeding at law or in equity against the person or persons violating or threatening to violate the same, it being understood, however, that this covenant is not to be enforced personally for damages against the said party of the second part, his heirs or assigns, unless he or they be the owner or owners of the said premises, or of some part thereof, at the time of a violation of the said covenant, or of a threatened or attempted violation thereof; but the said covenant may be proceeded on for an injunction of, and for a specific execu- tion thereof, against the said party of the second part, his heirs or assigns, and for damages against the party or parties violating the said covenant, his or their heirs, executors, administrators or assigns. [Proeeed with other covenants, as in other cases:] DEEDS. 343 Warranty. Attestation, Isr wiTiTESs WHEEEOF, the jjarties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatures and seals.] in the presence of J [Signature of mtness.] 682. Short Form of Warranty-Deed. Kkow all men by these presents, that I, A. B., of , in the county of , and State of , farmer, in consideration of dol- lars, to me paid by Y. Z., of , in the county of , and State of , the receipt whereof is aotnowledged, do grant, bargain, sell and confirm unto the said Y. Z., his heirs and assigns, forever, all [here iii- sert description], with the appurtenances. And I do, for myself and my heirs, executors, and administrators, covenant with the said Y. Z., his heirs and assigns, that at the time of making this conveyance I am well seized of the premises, as of a good and indefeasible estate in fee-simple, and have good right to bargain and sell the same, as aforesaid, and that the same are free fi-om all encumbrance whatsoever ; and the above-granted premises, in the quiet and peaceable possession of the said Y. Z., and his heirs and as- signs, I will warrant and forever defend. In witness whbheof, I have hereunto set my hand and seal, the day of , in the year one thousand eight hundred and Signed, sealed and delivered) [Signature and seal] in presence of J [Signature of witness.] 683. Attestation of a Deed in Which Erasures or Interlineations Appear. In witness whereof, the said party of the fitrst part has hereunto set bin hand and seal, the day and year first above written. • [Signature and seal.] Sealed and delivered in the presence of (the word "five," on the first page, was erased, the words "he the same more or less" written over an erasure ; on the second page, the words " or assigns," interlined in three places, and the word "forthwith" cancelled on the third page, before execution). [Signature of witness.] Deeds By or To Particular Classes of Parties, Such as Oorporationt, Officers, Trustees, eta. 684. Deed By a Corporation. This indentdek, made this day of , in the year one thousand eight hundred and , between the [Jiere insert the legal title of the ^44 ABBOTTS' FORMS. Deeds by or to Corporatious. torporation] of- , parties of the first part, and T. Z., of the same place, party of the second part, witnbsseth, that the said parties of the first part, in consideration of the sum of dollars [thence proceeding as in other deeds to the covenants, each of which will begin thus]: And the said parties of the first part [or name the corporation}, for themselves and their suo- oessors, do covenant [etc., continuing as in other- cases}. In witness wheeeof, the said parties of the first part have hereunto caused their corporate seal to he affixed, and these [Corporate presents to he suhscrihed hj their president and cashier seal,} [or, secretary, or other officer or officers, as the corporation may order}. [Signatures of officers.} 685. The Same; When All the Directors Sign. [As in the preceding form to the attestation, which will ie:} ■ In witness wheeeop, the president, directors and company of [namdng the corporation^, have hereunto set their corporate [Corporate seal hy the hands of their president and directors, and the seal^ president and directors have hereunto subscribed their names this day of , 18 [or, the day and year first above written]. [Signature of} President. [Signatures 1 of > Directors. the} ) 686. The Same ; By a Municipal Corporation. [As in the preceding form to the attestation, which will he :} In witness whereof, the said parties of the first part have [Corporate hereimto caused the common seal of the said city of seal.} to he affixed, the day and year first above written. [Signature of} Mayor. By the Common Council, [Signature of} Clerk. 687. Deed To a Corporation. This indentuee, made this day of * , iu the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and the [here insert the legal title of the corporation} of , parties of the second part, witnbss- BTH, that the said party of t]je first part, in consideration of the sum of dollars, to him in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, and the said parties of the second part and their successors, 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 parties of the second part aad to their successors and assigns forever, all [here insert DEEDS. 345 By or to particular Classes of Parties. desfffiption, etc., as in other deeds, down to the words to have and to hold, thence continuing thus .■] To HAVE AND TO HOLD all and singular the above mentioned and described premises, together with the appurtenances, unto the said parties of the second part, their successors and assigns, forever. And the said A. B., for himself and his heirs, executors and administrators, does covenant, promise and agree to and with the said parties of the second part, that [etc., con- tinuing as in other cases, hut naming ^'■successors''' instead of "heirs, executors,^'' etc., of the parties of the second parti. 688. Deed Releasing to Heirs or Detisees, [The habendum may he as follows .•] To have and to hold the premises hereby granted, with the appurtenances, unto the said parties of the second part, their heirs and assigns, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs and assigns, forever, accord- ing to their respective estates, rights, titles or interests, as devisees or persons entitled to the real property of the said M. N"., deceased. 689. Deed Executed By An Attorney in Fact. This indenttjeb, made this day of , in the year one thou- sand eight hundred and , between A. B. [naming the principal(v)], of , merchant, of the first part, and T. Z. [etc., prneeeding as in case of a deed executed hy the principal}. In witness ■whereof, the said party of the first part [or name the prirt- cipal} has hereunto, by 0. D., his attorney in fact, set his hand and seal the day and year first above written. A. B. [Seal,} by 0. D. his attorney.('!)) 690. Another Form ; Referring to the Power Annexed. [As in preceding form, concluding thus:} In witness whereof, C. D., in pursuance of a letter of attorney, hereunto annexed [or, a copy of which is hereunto annexed], bearing date the day of , 18 , hath set the hand and seal of the said principal A. B. Signed, sealed and delivered ) A. B. [Seal,] in presence of ) by 0. D. his attorney. [Signatures of witnesses.} (w) It is the general rule, that it is indis- frame of the conveyance, that it is the pensiible, to give validity to a deed made deed of the principal. Tlie name of the by an attorney, that it should be made in principal must be signed. Fowler », the name of the principal.- Coombe's Case, Shearer, 7 Jfass., 14; Townsend ii. Hub- 9 Co., 76 ; Elwell d. Shaw, 16 Mass., 4^; bard, 4 Hill, 851. Spencer «. Field, 10 Wend., St. It is not This is the appropriate form of sig- enoughthat it bein name of theagent, de- nature. Bat it is not material whether Bcribingliim assuch. This rule, however, the signature be "A. B. by C. D. Ms is much relaxed in some of the States. attorney," or, " C. D. for A. B." Worrall (a) It is not saffioieut to declare in tiie v. Munn, 5 N. T. (1 Seld.), 22B. 346 ABBOTTS' FORMS. Deed by Executors, etc. 691. Deed By Authority of the Legislature.iw) This indentwee, made this day of , in the year one thousand eight hundred and , between A. B., of the city of , gentleman, of the first part, and Y. Z., of the same place, of the second part ; whereas the said A. B., by virtue of sundi-y conveyances, acts of the legislature, and orders of the court of chancery of the State of , has been empower6cl(a!) to sell, or mortgage, or convey [in satisfaction of any debt due from him to any person or persons], the estate at , devised by 0. B., deceased, for the benefit of the said A. B. and his children, or any part thereof; and whereas the said A. B. is indebted to the said party of the second part in a large sum of money : Now, thbeefoeb, this indenture witnesseth that the said A. B., in consideration of [eic, proceeding as in other cases]. 692. Deed by Executors. This indentuee, made this day of , one thousand eight hundred and , between A. B., of the city of , in the State of , executor [or, sole acting executor; or, sole surviving executor ; or, if there are several, say : A. B., of, etc., and 0. D., of, etc., executors] of the last will and testament of M. IS., late of , in the county of , and State of , deceased, of the first part, andY. Z., of , in the county of , farmer, of the second part, witnesseth : That the said party [or, par- ties] of the first part, by virtue of the power and authority to him \or, them] given in and by the said last will and testament, and in consideration of the sum of dollars to him \or, them] paid by the said party of the second part, the receipt whereof is hereby acknowledged, has \or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does \or, do] grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, his heirs and assigns, forever, all [here insert description], together with aU and singular the tenements, hereditaments and appurtenances thereunto belonging, or iu any wise appertaining ; and the reversion and reversions, remainder and re mainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, which the said testator had in his lifetime, and at the time of his decease, and which the said party [or, parties] of the first part [or either of them, have or] has, by virtue of the said last will and testament, or otherwise, of, in and to the above-granted premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above-granted premises, together with the appurtenances, and (w) Where there is a long-settled usHge Pieh., 409 ; Cofrau v. Coekrun, .■) Jf. i^., 458. for persons acting under a power from (x) Tliese recitals iire not essential to the Government to convey iu their own the validity of the deed, but are a con- name, sueli a conveyance is valid unless venient method of preserving fevidence ; otherwise directed by the authority under and they may be made more full by citing which it is made. Ward v. Bartholomew, 6 the particular acts relied on. DEEDS. 347 By Executors. every part thereof, unto the said party of the second pai-t, his heirs and as- signs, forever. * And the said party [or, parties] of the first part, for himself, his [or, themselves, their] heirs, executors and administrators, does [or, do] cov- enant, promise and agree, to and with the party of the second part, that he is [or, they are] lawfully the executor [s] of the last will and testament of said M. N., and has [or, have] power to convey as aforesaid, and has [or, have] in all respects acted, in making this conveyance, in pursuance of the authority granted in and hy the said last will and testament; and that he has [or, they have] not made, done or suffered any act, matter or thing whatsoever, since he was [or, they were] executor as aforesaid, whereby the above-granted premises, or any part thereof, are, shall or may be im- peached, charged or encumbered in any manner whatsoever. [If a covenant of seizin is inserted, it will be as in Form 619.] In witness whereof, the said party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals] the day and year first above written. Signed, sealed and delivered ) A. B., Executor, etc. [Seal.] in presence of ( [Signature 0/ witness.] 693. Deed ly Survivors of the Acting Executors. This mDEin'irEE, made this day of , in the year 18 , between A. B., of the county of , and 0. B., of the county of , as exec- utors, parties of the one part, and T. Z., of the city of , of the other pai-t: Whereas, M. B., late of , deceased, did, by his last will and testament, give, bequeath and devise to his executors therein named all of his estate, real and personal, not otherwise devised, upon trust, for the purposes therein expressed, with power unto them, or such of them as might qualify, and the survivors and survivor of them, to sell any part thereof which might be necessary, and to convey the same to the purchaser or purchasers ; and the said testator, by his said last will and testament, gave to his said executors discretionary power and authority, in the case of real estate, to sell for cash, or upon such credit as they might deem most advisable, and conducive to the interest of his estate; taking good security from the purchasers, and also a lien on the said real estate, to secure the payment of the purchase-money ; and he, the said testator, did, by his said will and testament, constitute and appoint 0. P. and his sons, t\. B., 0. B. and D. B., executors thereof: And whereas the said will [and a codicil thereafter written] were proved and admitted to record in the Court of , at , on the day of , 18 , and, on the day of , the said A. B., 0. B. and D. B., three of the said executors, qualified as such, by performing what was necessary for obtaining a probate of the said will and codicil, and the said 0. P. renounced the same; and whereas, after >mdertaking the said executorship, the said D. B. departed this life, and the said A. B. and 0. B. survived him, and by virtue of the power vested in them, as surviving executors of said will, they, the said A. B. and 0. B., 348 ABBOTTS' FORMS. Deeds by Executors. have bargained to sell to the said Y. Z. the lot or piece of ground herein- after mentioned for the sum of doUars, payable as follows — viz., dollars on the delivery of these presents, and the residue in three equal an- nual instalments, carrying interest from the day of , the punctual payment of the said three sums of money to be secured by negotiable notes with approved indorsers, and a deed of trust on the property sold : Now Tina nsDENTUEE WITNESSETH: That the said A. B. and C. B., as surviving executors of the last will and testament of the said testator, for and in con- sideration of the said sum of paid and secured to be paid as aforesaid, and also in consideration of the sum of one 'dollar, to them in hand paid, have {etc., as in other forms]. 694. Deed ly Executors, Eeeiting the Power and the Facts on Which Its Execution Depemds.(^/) This indentueb, made this day of , one thousand eight hun- dred and , between A. B., of , in the county of , and State of [and C. D., of, etc.], executor [s] of the last will and testa- ment of M. N., late of , aforesaid, deceased, of the first part, and Y. Z., of , in the county of , farmer, of the second part, witnesseth : Wheeeas the said Y. Z., by his said last will and testament, bearing date the day of > 18 , devised the lands hereinafter mentioned to his executors aforesaid, in trust, to hold the same during the minority of his Bon, N. N., and on his attaining majority, or on his death, if it should sooner occur, to sell and convert the same into money for the purposes in said will specified, with power in such case to sell in such manner as they should deem proper : and whereas the said M. N. died, on the day of , 18, before attaining majority: Now this isdentuee WITNESSETH : That the said party [or, parties] of the first part, by virtue of the power and authority to him [or, them] given in and by the said last will and testament, and in consideration of the sum of dollars to him [or, them] paid by the said party of the second part, the receipt whereof' is hereby acknowledged, has \or, have] granted, bar- gained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, con- vey and confirm, nnto the said party of the second part, his heirs and as- signs, forever, all [here insert description}, Togbtheu with all and singular the tenements, hereditaments and appurtenances thereunto belonging, Or in !iny wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits tliereof; and also all the estajte, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, which the said testator had ifi his lifetime, and at the time of his decease, and which the said party [or, parties] of the first part [or, (y) When a deed is made pursuant to not necessary, is advisable, as tlie recitals a power, it is usual to recite the facts may bo evidence after lapse of years, which must take place in order to a valid Ward v. Bartholomew, 6 JPiclc., 409. execution of the power. This, though DEEDS. 349 By Executors. either of them, have or] has by virtue of the said last will and testament, or otherwise, of, in and to the above-granted premises, and every part and parcel thereof, with the appurtenances: To havk and to hold all and singular the above-granted premises, together with the appurtenances, and every part thereof, unto the said party of the second part, his heirs and as- signs, forever*. [Gontiiiu^ and conclude as in Form 692, /rom the *.] 695. Deed hy Several Executors Covenanting Severally and EacTi for Him- self Alone. \As in either preceding form to the *, thence continuing thus .■] And the said parties of the first part, each for himself, his heirs, executors and ad- ministrators, does severally and not jointly, nor the one for the other, or for the act or deed of the othej-, but each for his own acts only, covenant, promise and agree, to and with the said party of the second part, that he is lawfully the executor of the last wUl and testament of the said M. N"., and has power to convey as aforesaid, and has in all respects acted, in mak- ing this conveyance, in pursuance of the authority granted in and by the said last will and testament; and that he has not made, done, or suf- fered any act, matter or thing whatsoever, since he was executor as afore- said, whereby the above-granted premises, or any port thereof, are, shall or may be impeached, charged or encumbered, in any manner whatsoever. [If a covenant of seizin is inserted, it will ie as in Form 619.] In witness whbeeof, the parties of the first part ha^■e hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered ) A. B., Executor, etc. [Seal.] in presence of ) C. D., Exeiiutor, etc. [Seal.] [Signature of witness.] 696. Deed by Executor or Administrator, Selling ly Order of Court for Payment of Dehts. To ALL to whom these presents shall come : I, A. B., of , in the county of , in the State of , executor of the last will and testa- ment [or, administrator of the goods, chattels and credits which were] of M. N., late of , deceased, send greeting : Wheeeas, by an order of the surrogate of the county of , made at a court held at , and for the said county of , on the day of last past, upon an application duly made, I, the said A. B., was licensed and empowered to sell, and pass deeds to convey the real estate of the said M. IT., hereinafter described; and whereas I, the said A. B., having given due public notice of the intended sale, by causing a notice of the time and place thereof to be posted for weeks at three of the most public places in the town [or, ward], where the sale was had, and also to be published for weeks, successively, in the newspaper called the , printed in , agreeably to the order and direction of said court; and having given the bond and taken the oath, by law in such cases required, previous to fixing upon the time and place of 350 ABBOTTS' FOEMS. Deeds by Executors. sale, did, on the day of instant, pursuant to the license and notice aforesaid, sell by public auction the real estate of the said M. N., hereinafter described, to Y. Z., of • , in the county of , for the sum of dollars, he being the highest bidder therefor : Now, thkee- FOEB, know ye, that I, the said A. B., by virtue of the power and authority in me vested, as aforesaid, and in consideration of the aforesaid sum of dollars, to me paid by the said Y. Z., the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey, unto the said Y. Z., his heirs and assigns, forever, all [here insert description of the premises]. To HAVE AND TO HoioD the above-granted premises, to the said E. F., his heirs and assigns, to his and their use and behoof forever. And I, the said A. B., . for myself, my heirs, executors and administrators, do hereby covenant with • the said Y. Z., his heirs and assigns, that in pursuance of the order afore- said, I took the oath and gave the bond, by law required, and gave public notice of said sale, as above set forth, and in all things observed the require- ments of the law, and of said orders in said sale. Lsf WITNESS WHEEEOF, I, the Said A. B., have hereunto set my hand and seal, this day of , one thousand eight hundred and Signed, sealed and delivered ) [Signature, title and seal.] in presence of ) [Signature of witness!] 697. The Same ; Setting forth the Orders at Large.(z) To ALT, to whom these presents shall come : 1, A. B., of , in the county of in the State of , executor of the last will and testament [or, administrator of the goods, chattels and credits which were] of M. N., late of deceased, send greeting : Whekeas the surrogate of the county of , at a court held at , , on the day of ,18 , upon application duly made by , granted an order for the sale of certain real property of the said M. N., which order is as follows [here set forth at large the original order authorizing the sale] ; and whereas, pursuant to law and to the terms of said order, upon giving the bond and taking the oath, and upon due notice, a sale was made b> me by public auction, to the said Y. Z., of the hereinafter-granted prem- ises, being [a part ofj the same premises described in said order, for the sum of dollars, he being the highest bidder therefor ; and whereas a return was by me duly made to the said surrogate of my proceedings on said order of sale ; and upon his examining the same, it appeared to the said surrogate that such sale was legally made and fairly conducted,- and that the sum bid was not disproportionate to the value of the property sold [or, if disproportionate, that a greater sum than above specified can- not be obtained] ; and he thereupon, and on the day of , 18 . made an order confirming the sale and directing a conveyance [or, convey- ances] to be executed, which order is as follows [here set it forth at large]. Now, THBEEEOEE, know ye, that I, the said A. B., by virtue of the power and authority in me vested as aforesaid, and in consideration of the afore- (j) This is repaired by the Statutes of New York. 2 Bev. Stat., 105, §81. DEEDS. 351 By Executors. said sum of dollarp, to me paid by the said Y. Z., the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and conve}-, unto the said Y. Z., his heirs and assigns, forever, all \here insert description of the premises']. To hate and to hold the above-granted premises, to the said Y. Z., his heirs and assigns, to his and their use and behoof, forever. And I, the said A. B., for myself, my heirs, executors and administrators, do hereby covenant with the said Y. Z., his heirs and assigns, that in pur- suance of the order aforesaid, I took the oath and gave the bond bylaw re- quu-ed, and gave public notice of said sale, as above set forth, and in all things observed the requirements of the law and of said order in said sale. In witness wheheof, T, the said A. B., have hereunto set my hand and seal, this day of , one thousand eight hundred and Signed, sealed and delivered ) [Signature, title and seal.} in presence of J [Signature of witness.] 698. Deed by Executor, Conveying hy Order of Court Pursuant to Contract of Testator, Duly Proved and Recorded.{a) Tras iNDENTUEE, made this day of , between A. B., of , ■ surviving executor of the last will and testament of M. N., late of the same place, deceased, of the one part, and Y. Z., of , merchant, of the second part ; Wheeeas the said M. N., by force and virtue of divers good convey- ances and assurances, in the law duly had and executed, became in his life- time lawfully seized in his demesne as of fee, of and in a certain [here de- scribe the premises] with the appurtenances ; apd being so thereof seized, did, on or about the year , enter into a contract with a certain J. K., for the sale of a certain tract of land [part of the premises aforesaid] con- taining by computation about acres, be the same more or less, bounded [etc., describing it as in the agreement], for the sum of dollars per acre; part whereof — to wit: dollars were paid by the said J. K. to the said M. N., in his lifetime, etc. And the said Y. Z. doth allege, that by divers mesne conveyances and assurances in the law, the jight and interest of the said J. K., of, in and to the aforesaid tract of land, is now vested in him the said Y. Z., subject to the payment of the residue of the purchase- money aforesaid with interest. And whereas the said M. N. did not com- ply with the said contract in his lifetime, nor was there any sufficient pro- vision made by him for the performance thereof; and whereas, agreeably to tno provisions and directions contained in the act of general assembly of this commonwealth, passed the day of , a. d. , entitled , the said Y. Z. did, on the day of ' , cause and procure the said recited contract to be duly proved in the Court of Common Pleas of the said county of , which proof was. adjudged by the said court to be sufficient ; and , Esq., prothonotary of the same court, on the same day and year, did annex the same to the said contract, and did certify the same under his hand and the seal of the said court; and thereupon the (0) This form is from Qrayd. Forms (Pbnn.), i od., 23S. 3S2 ABBOITS' FOEMS. Deeds by Executors. same was, on the day of last past, recorded in (he office for re- cording of deeds of the said county of , in book , page . And whereas the said A. B., as executor aforesaid, preferred his petition to the said court, praying leave to make and execute a deed of conveyance to the' said Y. Z. and his heirs, for the said tract of land (whicli by a survey thereof lately made has been found to contain acres, and is butted, bounded and described as hereinafter mentioned), with the appurtenances, according to the true intent and meaning of the said contract. Whereupon the said court, on the day of last past, having considered the prayer of the. said petition, and the evidence of the contract aforesaid, ordered and decreed, that the said A. B., as executor aforesaid, should make and execute a deed to the said Y. Z. and his heirs, of the hereinafter described tract of land, agreeably to the terms of the said contract as by the records of the said court, relation being thereunto had, more fully and at large appears. Now THIS rN-DENTUEE WITNESSETH, that the Said A. B., for and in consid- eration of the sum of (being the balance of the purchase-money and interest thereon), unto hira in hand well and truly paid by the said Y. Z., at and before the ensealing and deliver;^ hereof, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released and con- firmed, and by these presents by virtue and in pursuance of the said de- cree, does grant, bargain and sell, alien, release and confirm unto the said ' Y. Z., and to his heirs and assigns, all that aforesaid tract or piece of land, bounded and described as follows — to wit: Beginning , etc. To gether [etc., as in other deeds of coniieyanee without warranty]. 699. Deed ty An Administrator, Conveying hy Order of Court, Pursuant to Contract of His Intestate. To ALL to whom these presents shall come, A . B., of , administrator of the goods and estate which were of M. K, late of , deceased, sends greeting : Wheeeas the said M. N., before his death, and on or about the day of , 18 , by a contract bearing date on that day, agreed to and with Y. Z., of , in the county and State of , farmer, to sell and con- vey unto him, his heirs and assigns, forever, the premises hereinafter de- scribed, in consideration of the payment by said Y. Z. of the sum of dollars, .but said M. JN". died intestate without performing said agreement; and whereas the justices of the Court, at their term holden at on the day of , did empower and license me to make and execute good and sufiicient deed or deeds, to convey the said real estate of the said intestate. Now KNOW TE, that by virtue of the authority and license aforesaid, and in order to fulfil" and perform all things in the above-mentioned contract or agreement, on the part of the said A. B. to be performed, in consideration of the said sum of to me paid by the said Y. Z., the receipt whereof is hereby acknowledged, and in consideration that the said Y. Z. has per- formed and fulfilled all things in the above-recited contract or agreement on his part to be performed and fulfilled, 1, the said A. B., administrator as DEEDS. 353 By Administrators. aforesaid, do hereby grant, bargain and sell to the said Y. Z., his heirs and assigns, forever, the said, etc., with the appurtenances ; to have and to hold the same to the said Y. Z., his heirs and asSgns, to his and their use, for- ever. In witness whereof, I have hereunto set my hand and seal, this day of , 18 .(b) Signed, sealed and delivered ) A. B., Administrator, etc. [Seal.] in presence of J [Signatures of witnesses]. 700. Deed ly Administrators, for Purpose of Partition, After Valuation and Refusal ty the Heirs. This indenttike, made this day of , one thousand eight hun- dred and , between A. B., of , and C. D., of , in the county of , and State of , administrators of the goods and chat- tels, rights and credits, which were of M. N., late of , merchant, de- ceased, of the first part, and Y. Z., of , in said county, of the second part: .Whebeas the said M. K., in his lifetime, and at the time of his death, was lawfully seized in his demesne as- of fee, of and in the premises hereinafter described ; and whereas, at an Orphans' Court, held at , in and for the county of aforesaid, on the day of last, upon the petition of N". N., eldest son and heir-at-law [or otherwise, as the case may Je] of the said M. N , deceased, praying the court to award an inquest to make par- tition of the real estate of'the said intestate, in the said petition mentioned, to and among his children and representatives, in such manner, and in such proportions, as by the laws of is directed and appointed, if such par- tition could be made without prejudice to or spoiling the whole, otherwise to value and appraise the same, the said inquest was awai'ded by the court ac- cording to the prayer of the said petitioner ; whereupon a writ of partition or valuation issued out of the said court, bearing date the day of , to the sheriff of the said county directed, commanding him to summon an in- quest to make partition of the said real estate to and among the children and representatives of the said intestate, according to law, if such partition could be thereof made without prejudice to and spoiling the whole ; but if such par- tition could not be thereof made as aforesaid, then to value and appraise the same; and that the partition or valuation so made he should distinctly and openly have before the justices of the said court at the day of then next ; at which day, before the judges aforesaid, the sheriff of the said county — to wit, O. P., made return of the said writ, with a sched- ule thereunto annexed, by which schedule or inquisition, under the hand and seal as well of the said sheriff as of the inquest thereiU named, it ap- pears, by the oaths and aflBrmations of the said inquest, that the real estate in the said writ mentioned could not be parted and divided to and among (6) If the widow joins to release lier dower, let li be so expressed hoie as in Form 655 or 668. 23 354 ABBOTTS' FORMS. Deeds by Administrators. the parties tliei-ein named without prejudice to or spoiling the whole there- of; and therefore the inquest aforesaid, upon their oaths and affirmations aforesaid, had valued and apprtised the same at the sum of dollars, which return and valuation were, on motion, confirmed hy the court; and whereas all the lieirs and legal representatives of the said M. K. have sev- erally and respectively refused to take the said premises at the valuation aforesaid, and the said court, upon the application of the said N. N. [or other- wise, as the case may he], did grant a rule upon all the heirs and representa- tives of the said intestate, to show cause at the Orphans' Oourt to he held at , on the day of then next ensuing, why the said real estate should not he sold according to the statutes in such case made and provided, at which said time and place, legal notice of the aforesaid rule heing proved to have heen duly given to aU the heirs and legal representa- tives of the said intestate, and no cause having been shown why the said real estate should not he sold as aforesaid, the said court did then and there order the said A. B. and C. D., administrators as aforesaid, to expose the premises aforesaid to public sale at , on the day of then next ensuing, upon the terms in the said order directed ; in pursuance whereof the said administrators, having first given sufficient security according to law for the faithful performance of the trust committed to them ; and after having given due public and timely notice of the time and place of sale, did on the day and at the place and time therein mentioned, expose the prem- ises aforesaid to sale by public vendue, and sold the same to the said party of the second part for the sum of dollars, he being the highest bidder, and that the best price bidden for the same ; which sale, on repoi't thereof made to the judges of the said court, was, on the" day of following, by them confirmed ; and it was considered and adjudged by the said court that the said premises, with the appurtenances, so sold as aforesaid, should he transferred and vested in the said Y. Z. as fully as the said M. K held the same at his decease, subject and liable to the payment of the purchase- money, according to the terms prescribed in the said order, as by the rec- ords and proceedings of the same court, remaining at aforesaid, rela- tion thei-eunto being had, will more fully appear. Now THIS iNDENTUEE WITNESSETH : That the said A. B. and 0. D., admin- istrators as aforesaid, for and in consideration of the said sum of dol- lars to them in hand paid by the said Y. Z., at and before the sealing and delivery hereof, the receipt whereof they do hereby acknowledge, and thereof acquit and forever discharge the said Y. Z., his heirs, executors and administrators, by these presents have granted, bargained, sold, aliened, re- leased and confirmed, and by these presents, in pursuance and by virtue of the said order of the court, do grant, bargain, sell, alien, release and confirm unto the said Y. Z., and to his heirs and assigns, all the said premises — to wit [here insert description of the premises], together with all and singular the buildings, improvenjents, ways, woods, waters, water-courses, riglits, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belongibg or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, claim and demand whatsoever of the said M. K, at and imme- DEEDS. 355 Guardian's Deed of Infants' Land. diately before the time of his decease, of, in, to or out of the same, in law or equity, or otherwise howsoever ; to have and to dold the said messuage or tenement and tract of land, and the tenements, hereditaments and premises hereby gi-anted, or mentioned or intended so to be, with the ap- purtenances, unto the said T. Z., liis heirs and assigns, to tlie only proper use and behoof of the said T. Z., his heirs and assigns, forever. And the said A. B. and 0. D., administrators as aforesaid, do severally, but not jointly, or the one for the other, or for the act or .deed of the other, hut each for his own act on^y, covenant, promise and agree, to and with the said Y. Z., his heirs and assigns, by 'these presents, tliat they, the said A. B. and 0. D., have not, nor hatb either of them done, committed or wittingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the premises aforesaid, or any p.art thereof, is, are or shall or may be impeached, charged or encumbered in title, charge or estate, or otherwise however. In witness whereof, the said parties of the first part have hereunto sot their hands and seals, the day and year first above written. Signed, sealed and delivered) [Signatures, titles and seals.] in presence of i [Signature of witness.] 701. Deed of Guardian, Conveying InfanPs Estate, ty Leave of Court.(c) Know all men by these presents, that I, A. B., of , gentleman, as I am guardian of 0. D. and E. F., minors, under the age of twenty-one years, by virtue of the power and authority granted me in my said capacity, by the Supreme Judicial Court, hoi den at , on , in con- sideration of the sum of dollars, to me paid by Y. Z., of , the receipt whereof I do hereby acknowledge, being the highest sum bid for the premises hereinafter described, at a public vendue legally had and notified, do grant, bargain, sell and convey unto the said Y. Z., his heirs and assigns, a certain messuage [here insert description], and all the privi- leges and appurtenances to the same in any wise appertaining and belong- ing : To HAVE AND TO HOLD the granted premises, to him, the said Y. Z., his heirs and assigns, to his and their use and behoof »forever. And I, the said A. B., for myself, my executors and administrators, do covenant with the said Y. Z., his heirs and assigns [that the said minors, at the time ol executing this deed, are seized in fee of the granted premises]; that in making tlie said sale I have in all things observed the rules and directions of the law [and that I will, and my heirs shall,, warrant and defend the granted premises to the said Y. Z. against the lawful claims and demands of the said minors and their heirs, and all persons claiming the same by, from or under them, or either of them]. (■c)This form is from Oliver on Corveey- oept wliere the guardian joins in his own ancing. Ttie covenants indicated in the riglit, in which case the terms should be braolcets perhaps cannot be required, ex- modified so as to apply to him. 356 ABBOTTS' FOEMS. Deed of Infant by Special Guardian. In testimony tthbeeof, I have hereunto set my hand and seal, this day of , one thousand eight hundred and Signed, sealed and delivered ) [Signature, title and seal.'\ in presence of ) \Sig7Mture of witness^ 702. Deed of Infant, Conveying hy Special Guardian, hy Leave of Gourt.(d) ThiS/INdbntuee, made the day of , in the year 18 , between A. B., of , in the county of , and State of , an infant under twenty-one years of age, by 0. D., his special guardian, of , in aforesaid, farmer, of the first part, and T. Z., of , the second part, witnesseth : Whbeeas the above-named infant, by E. F., hia next friend \or, guardian], heretofore presented to the Court a petition praying for a sale of the right, title and interest of the said in- fant in the premises in said petition mentioned and hereinafter described ; upon which petition, an order of the said court was made at the City Hall in the city of , and county of , bearing date the day of , 18 , appointing 0. D., above named, the special guardian of such infant, for the purposes of the said application, and directing that it be referred to G. H., a referee, to ascertain the truth of the facts in such petition alleged ; and thereupon, after the said special guardian had given the security by law required, such proceedings were afterwards had, that by an order of the said Court, made at the said City Hall, at aforesaid, bearing date the day of , in the year 18 , it was, among other things, ordered, that the above-named 0. P., special guardian of such infant, be authorized to contract for the sale and conveyance of the right, title and interest of the said infant, in such real egtate, for a sum not less than that specified in the referee's report in said order mentioned ; and that such sale, with the name of the purchaser and the terms thereof, be reported to the said court, before the conveyance of such premises should be executed ; and whereas, the said special guardian, upon terms approved by the said referee, contracted for the sale of the said premises with T. Z., for the sum of dollars, that' being the highest sum offered for the same ; and thereupon the said guardian, on oath, made his report of such agreement to this court, pursuant to the last recited order, upon which an order was made by said court at the City Hall, in said city, bearing date the day of i 18 , confirming said report, approving and con- firming said sale, and directing the same to be carried into effect, and ordering the said guardian to execute, acknowledge and deHver a deed of said premises to said party of the second part, on his complying with the terms on which, by said agreement, the same was to he delivered ; and whereas, the said party of the second part has complied with the said ■ terms : Now, this iNDENTtmE witnesseth, that the said party of the first part, by 0. D., his special guardian, ia consideration of the sum of dollars, to him paid by the said party of the second part, the receipt whereof (d) This form is agreeable to the statutes of New York. DEEDS. 357 By Committe* of lauaue Person. is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell unto the said party of the second part, and to his heirs and assigns forever, all [here insert description of premises], TOGETHER WITH all and singular the tenements, hereditaments and appur- tenances thereunto belonging, or in any wise appertaining ; and the rever- sion 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 party of the first part, of, in and to the above-granted premises, and every part and parcel thereof. To HA.VE AND TO HOLD all and singular the above-granted premises, to- gether with the appurtenances, and every part thereof, unto the said party of the second part, his heirs and assigns, forever. [Gove?iant as to regularity of proceedings, if inserted, may he similar to that in Form 696.] In witness whereof, the said party of the first part, by his guardian aforesaid, has hereunto set his hand and seal, the day and year first above •vritten. A. B. [Seal.] Signed, sealed and delivered ) By 0. D., his special guardiaa. in presence of J [Signature of witness.] 703. Deed hy Committee of Idiot, Lunatic or Sabitual Drunkard. This indbntuee, made this day of > 18 , between A. B., of , in the county of , and State of , committee of the person and estate of M. N., an idiot [or, a lunatic; or, an habitual drunkard], of the first part, and Y. Z., of aforesaid, of the second part. Whekeas, upon an application duly made, the Court of , at , on the day of ) 18 , by an order bear- ing date on that day, directed the real estate of said M. N., hereinafter described [or, so much of the real estate of said M. N. as might be necessary to raise the sum of dollars], to be sold by the said A. B. at public or private sale, subject to the approbation of the court, as by the terms of said order will more fully appear ; and whereas, pursuant to law, and to the terms of said order [after giving the additional security required by said order], and upon due notice, a sale was made by said A. B., by public auction, to the said party of the second part, of the hereinalter granted premises, being [a part of] the real estate aforesaid of said M. N., for the sum of dollars, said party of the second part being tlie highest bid- der therefor [or, state sale hy private agreement, as in Form 702J ; and there- upon the said A. B., on oath, made his report of such agreement to this court, pursuant to the last recited order, upon which an order was made by said court, at the City Hall in said city, bearing date the day of ,18 , confirming said report, approving and confirming said sale, and directing the same to be carried into effect, and ordering the said com- mittee to execute, acknowledge and deliver a deed of said premises to said party of the second part, on his complying with the terms on which, by 358 ABBOTTS' FOEMS. By Trustees of Itisolvonts, etc. said agreement, the same was to be delivered ; and whereas, the said party of the second part has complied with the said terms : Now this iNDENTUiiB wiTNESSEiH, that the said party of the first part, committee as aforesaid, in consideration of the sum of dollars, to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell unto the said party of the second part, and to his heirs and assigns forever, all [hej-e insert description of premises], togbthee with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and re- mainders, 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 party of the first part, and of the said M. TS., of, in and to the above-granted premises, and every part and parcel thereof. To HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances, and every part thereof, unto the said party of.the second part, his heirs and assigns, forever. [Covenant as to regularity of proceedings, if inserted, may he similar to that in Form 696.] In witness wiieekof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered ) [Signature, title and seal.'\ in presence of ) [Signature of witness.] 704. Deed iy Trustees or Assignees of an Insolvent or Banhmpt, or an Absconding Debtor. To all to whom these presents shall come : We, A. B., 0. D. and E. i"., of , in the county of , and State of , trustees [or, as- signees] of the estate of M. N., of , a bankrupt [or, an insolvent debtor; or, of tlie estate of M. N., late of , an absconding debtor]. "VVheheas [here recite the essential proceedings{e) and the sale made pur- suant thereto, and conclude']. Now, THEKEEORE, KNOW YE, that we, the said A. B., 0. D. and E. F., by virtue of the power and authority in us vested, as aforesaid, and in considera- tion of the aforesaid sum of dollars, to us paid by the said Y. Z., the re- ceipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said Y. Z., his heirs and assigns, forever, all the interest which the said M. N. had, on the day of , 18 [naming the day on which the debtor's title was divested by the proceedings], in and to all [here insert description of the premises], 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. To HAVE AND TO HOLD the Said above-bargained premises, with the appnr- (e) Tliis muy be done by setting forth the orders, etc., at largo, or by stating their «ub8tanoe. DEEDS. 359 By Master in Cliiincery. tenances, and every part thereof, unto the said party of the second part, his heirs and assigns, to his and their only proper use and behoof forever : as fully and absolutely as the said parties of the first part can and ought to do, pursuant to the statute and their authority, as aforesaid. In witness whekeof, the said parties of the first part have hereunto sel their hands and seals, the day and yiear first above written. Signed, sealed and delivered ) [Signatures, titles and seals,] in presence of ) [Signature of witness.] 705. Deed By Master in Chancery. This nrDENTiTKE, made this day of , in the year one thousand eight hundred and , between A. B., one of the masters in chancery in and for the State of , dwelling in the city of , party of the first part, and Y. Z , of the same place, stone-cutter, of the second part. W'heeeas, at a court of chancery held at the city of , before the vice-chancellor of the first circuit of the State of , on the day of , one thousand eight hundred and , it was, among other things, ordered, 'adjudged and decreed by the said court, in a certain cause then pending in the said court between M. N., complainant, and O. P., defendant, * that all and singular the mortgaged premises mentioned in the bill of complaint in said cause, and in said decree described, or so mucli thereof as might be suflicient to raise the amount due to the complainant for principal, interest and costs in said cause, and which might be sold separately without material injury to the parties interested, be sold at pub- lic auction, according to the course and practice of this court, by or under the direction of one of the masters thereof residing in the city of ; that the said sale be made in the county where the said mortgaged premises, or the greater part thereof, are situated ; that the master give public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said cause might become a purchaser or purchasers on such sale ; that the said master execute to the purchaser or purchasers of the said mortgaged premises, or such part or parts thereof as should be so sold, a good and sufficient deed or deeds of conveyance for the same: And whereas a certificate of the enrolment of said decree, signed by the clerk of said court, has been pre- sented to the said master in chancery, the party of the first part : And whereas he, in pursuance of the order and decree of the said court, did, on the day of i 18 , sell by public auction, at the Merchants' Exchange, in the city of [part of] the premises in the said order mentioned, due notice of the time and place of such sale being first given, agreeably to the said order, at which sale the premises hereinafter described were struck off to said party of th* second part, for the sum of dollars, that being the highest sum bid for the same : t Now, this ustdentubb WITNESSETH, that the said master in chancery, the party of the first part to these presents, in order -to carry into effect the sale so made by him as aforesaid, in pursuance of the order and decree of the said court, and in 360 ABBOTTS' FORMS. Sheriff's Deed. conformity to the statute in such case made and provided, and also in con- sideration of the premises, and of the said sum of money so bidden as afore- said being first duly paid by the said party of the second part, the receipt whereof is hereby acknowledged, -has granted, bargained, sold, and by these presents does grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, all those two certain lots, pieces or parcels of land, being [part of] the said mortgaged premises, situate, lying and being in the sixteenth ward of the city of [etc., inserting description], TOGETHER WITH all and singular the tenements, hereditaments, and appur- tenances to the same belonging, or in any wise appertaining : To hate asii TO HOLD all and singular the above-granted premises, with the appurtenances, and every part thereof, unto the said party of the second part, his heirs and assigns, forever. In witness wheeeop, the said A. B., master in chancery as aforesaid, hath hereto set his hand and seal, the day and year first above written. Signed, sealed and delivered ) A. B. [Seal.] in presence of ) Master in Chancery. [Signature of witness.] 706. Sheriff's Deed After Sale On Execution. This indentuee, made the day of , in the year one thousand eight hundred and , between A. B., sheriff \or, late sheriff] of the comity of , of the first part, and Y. Z., of the city of , party of the second part. Wheeeas, by virtue of a certain writ of execution issued out of the Court of in and for the city and county of , in favor of M. N., plaintiff, against O. P., defendant, to the said sheriff directed and deliTered, commanding him that out of the personal property of the said O. P., judgment debtor, within his county, he should satisfy the judgment; or if sufficient personal property could not be found in said county, that 'hen he should cause the amount of such judgment to be made out of the real property in his county belonging to such judgment debtor on the day when the said judgment was docketed in his county, or at any time there- after, as on reference to the said execution now of record in the said court will more fully appear : And whereas, because sufficient personal property of the said judgment debtor, in the said execution mentioned, could not be found in said county, whereof he, the said sheriff, could cause to be made the money specified in the said execution, he, the said sheriff, did, in obedience to the said command, levy on, take and seize, all the estate, riglit, title and interest of the said judgment debtor, of, in and to the real property hereinafter particularly set forth and described, with the appur- tenances; and did, on the day of , in the year one thousand eight hundred and , sell the said premises by public auction, at [designating the salesroom], in the city of , in said county, he having first given notice of the time and place of such sale by advertising the same according to law ; at which sale the said premises were struck off and sold to Y. Z. * for the sum of dollars, he, the said Y. Z., * being the highest bidder, and that being the highest sum bidden for the same ; whereupon the said DEEDS. 361 By Sheriff. sheriff, after receiving from the said purchaser the said sum of money so bidden as aforesaid, gave to him such certificate as is by law directed to be given, and a certificate of such sale was dnly filed in the office of the clerk of the county of ; § and whereas the fifteen months after such sale, and the giving of such certificate thereof, have expired without any re- demption of the said premises having been made: t Now this iNDEMtTEB WITNESSETH, that the said party of the first part, sheriff [o-r, late sheriff] as aforesaid, by virtue of the said execution, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to him in hand paid as aforesaid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, released, assigned, conveyed and confirmed, and by these presents does grant, bargain, sell, release, assign, convey and confirm unto the said Y. Z., his heirs or assigns, all the estate, right, title and interest of the said O. P., the judg- ment debtor aforesaid, whereof he was seized or possessed on the day of , one thousand eight hundred and , or at any time afterwards, of, in and to all [here insert description of the premises] : ' Togbthee with all and singular the tenements, hereditaments, and appurtenances thereto belonging or in any wise appertaining: To have and to hold the said above-mentioned and described premises, with the appurtenances, unto the said T. Z., his heirs and assigns, forever ; as fully and absolutely as he, A. Bt the said party of the first part, [late] sheriff aforesaid, can, may or ough to, by virtue of the said execution, and of the statute in such case .made and provided, grant, bargain, sell, release, assign, convey and confirm the same. In witness whebeof, the said [late] sheriff has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered ) A. B. [Seal.] in presence of f [Late] Sheriff of the County of [Signature of witness.] 707. TJie Same ; Conveying to an Assignee of the Purchaser. [As in the preceding form, substituting the name of the original pur- chaser in place of that of the party of thefvrst part at the * *, and inserting the following words at the t] ; and whereas the said certificate of sale has heen duly assigned by the said [naming purchaser], to the said party of the second part hereto, with directions to the said party of the first part to execute the deed to him the said party of the second part hereto. 708. Deed By Sheriff to Redeeming Creditor.^/) [As in Form 706, substituting the name of the original purchaser for that of the party of the first part at the * *, and inserting the following in place of the words between the § and the t] ; and whereas the said premises (/) This is no longer necessary in New recorded with like effect as a deed. Laws Yorli. The sheriff's certificate may be ^1847, oh. 410, § 6. 362 ABBOTTS' FORMS. Deeds by Sheriff. were not, within one year, redeemed by any person entitled to make such redemption within that time, according to tlie statute in such case made ; and whereas Y. Z., a creditor of the said M. N., having, in his own name [or, as assignee, representative, trustee, or otlierwise], a judgment in the Court of , of the State of , against the said M. K., for the sum of dollars, rendered before the expiration of fifteen months from the time of such sale, and which is a lien and charge on the premises so sold, presented to the officer making said sale, within three months after the expiration of the year from the time of said sale, a copy of the docket of the said judgment, duly certWed by a clerk of the said court, together with an affidavit, by the said Y. Z., of the true sum due on the said judgment at the time of claiming his right to purchase, and then paid the said officer the said sum of dollars, being the purchase-money at said sale, together with interest thereon, at the rate of per cent, per annum from the time of such sale, and has thereby acquired all the rights of the said [naming the original purchaser] to said premises, within the time, and in the manner and form prescribed by the statute in such case made and pro- vided ; and no other creditor of the said M. F. has acquired the said rights from or against the said [naming original purchaser]. Now, etc. 709. Deed-By Sheriff or Referee on Sale in Foreclosure. This indbntuee, made the day of ) 18 i between A. B., sheriff of the county of [or, A. B., a referee appointed by the Court, of the State of , dwelling in ], of the first part, and Y. Z., of the city of , in the county of , in the State of , of the second part: Whereas at a [special] term of the Court, of the State of , held at the City Hall, in the city of , on the day of , 18 , before Honorable J. K., one of the justices of said court, in an action then pending in the said court, between M. N., plaintifij and O. P. and Q. E., defendants, it was, among other things, ordered, adjudged and decreed, by the said court * [here recite the substance of the decree and the making oj sale, which will commonly ie somewhat as follows], that all and singular the mortgaged premises mentioned in the complaint in said cause, and in said decree described, or so much thereof as might be sufficient to raise the amount due to the complainant, for principal, interest and costs in said cause, and which might be sold separately, without material injury to the parties interested, be sold at public auction, according to the course and practice of this court, and under the direction of the said sheriff [or, referee], party hereto of the first part ; that the said sale be made on the day of , then next, at o'clock in the noon of that day, at in the town of , in the county of , aforesaid ; that the said sheriff [or, referee] give [ weeks] public notice of the^time and place oi such sale, according to the course and practice of said court, and that any of the parties in said cause might become a purchaser, or purchasers, on such sale ; that the said sheriff [or, referee] execute to the purchaser, or purchasers, of the said mortgaged premises, or such part or parts thereof as should be sold, a good and sufficient deed, or deeds, of conveyance, for the DEEDS. In Parti'.ion. same ; and whereas the said sheriff {or, referee], in pursuance of the order and decree of the said court, did, on tlie said day of , a. d. 18 , sell- by public auction, at in the town of , aforesaid, the prem- ises in the said order mentioned, due notice of the time and place of such sale being tirst given, agreeably to the said order; at which sale, the premises hereinafter described were struck oflf to the said party of the second part, for the sum of dollars, that being the highest sum bid for the same : Now this rfTDENTUEB witnesseth,! that the said sheriff [or, referee], in order to carry into effect the sale so made by him, as aforesaid, in pursuance of the said order and decree of the said court, and in conform- ity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden, as aforesaid, being first duly paid to him by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold and con- veyed, and by these presents doth grant, bargain, seU and convey, unto the said party of the second part, his heirs and assigns, forever, all [Jure insert description of premises'] : Tooethbe with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in any wise appertaining : To have and to hold all and singular the said premises above mentioned and described, and hereby granted and conveyed, or in- tended so to be, 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 h^irs and assigns, forever. In witness wheeeof, the said sheriff [or, referee] the party hereto of the first part, has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered) A. B. [Seal.] in the presence of J Sheriff of County [or referee]. [Signature of witness.] 710. Deed ty Sheriff or Referee on Sale in Partition. [As in the preceding form to the *, and, then recite the substance of the decree, which will commonly he somewhat as follows:] that all and singular the premises described in the complaint in said action, or so much thereof as are hereinafter particularly described, be sold by or under the direction of A. B., sheriff [or, A. B., a referee appointed by said court], by public auction, in the county where said premises are situated; that the said sheriff [or, referee] do sell, in such separate parcels as he shall deem most for the benefit of the said parties, according to the rules and practice of the said court, and according to the statute in such case made and provided; that he first give , week's previous notice of the time and place of such sale, in one of the public newspapers published in the said county of , and in such other manner as required by law ; that after such sale ho make report thereof to the said court; and after such report of sale shall have been duly confirmed, he execute and deliver deeds of conveyance for the said premises, in fee-simple, to the purchasers thereof at the said sale ; and whereas the party iiereto of the first part, the said sheriff [or, referee], in 36i ABBOTTS' FORMS. Deeds in Partition. pursuance of said order and decree, and having given due notice of the time and place of sale, agreeably to the said order and decree, did, on the day of ,18 , sell by public auction, at , in the town of , aforesaid, the premises in the said decree mentioned ; at which sale, the premises hereinafter described were struck off and sold to the said party of the second part,* for the sum of dollars, that being the highest sum bidden for the same ; and such sale having been reported by the said party of the first part to the said court, and duly confirmed ; Now THIS iNDENTTJEE WITNESSETH [continuing' OS in preceding /arm from the t to 711. Beed, ly Commissioners on Sale in Pwrtition. This indenture, made this day of , one thousand eight hundred and , between A. B., of , in the county of , and State of , 0. D., of the same place, and E- F.> of , in said county, of the first part, and T. Z., of aforesaid, of the second part. Wheeeas in proceedings duly taken and had in the Court of , by and between M. N"., O. P. and Q. K., for the partition and division of certain premises mentioned in the petition in said proceedings, according to the respective rights of the parties interested therein, or for a sale of such premises, if it should appear that a partition thereof could not be made without great prejudice to the owners, pursuant to the statute re- lating to the partition of lands owned by several persons, it was*by the said court ordered, adjudged and decreed, by an order made on the day ot , ] 8 , at , that a sale of the said premises should he made in order to a division of the proceeds, according to the several rights and interests of the said parties ; and thereupon, to make such partition, the parties of the first part to these presents being qualified, were, by the said court, appointed commissioners ; and whereas such proceedings were after- wards bad in the said court upon the said petition, that the said commis- sioners so appointed, as aforesaid, were, by a rule of said court, ordered and directed to sell the said premises, with the appurtenances, at public auction, to the highest bidder ; giving notice, according to law, of the time and place of such sale ; and tiiat they should make report thereof to the said court; and whereas the' said commissioners, pursuant to the said order and direction, after giving public notice of the time and place of such sale, did, on the day of , 18 , at , in the town ol , in said county of , expose to sale at public auction, all and singular the said premises, with the appurtenances ; at which sale [a part of] the said premises hereinafter described were sold to the said party of the second part for the sum of dollars, that being the highest sum bid for the same ; and whereas the proceedings of the said commis- sioners in the premises were duly reported to the said court, and the sale approved and confirmed, on the day of , one thousand eight hundred and , as by the records of the said court more fully appears ; and the said commissioners were thereupon, by an order of said court then made, directed to execute to the said party of the second part, a convey- ance of said premises, pursuant to the sale so made as aferesaid. Kow ima DEEDS. 365 On roreclosuro by AdvertiHement. DfDENTUHE WITNESSETH, that the Said parties of the first part, pursuant to the direction and authority to them given, and for and in consideration ot the sum of money so bid as aforesaid, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have bargained, sold, aliened, conveyed and confirmed, and by these presents do bargain, sell, alien, convey and confirm unto the said party of the second part, all the estate, right, title, interest, claim and demand of the said parties of the first part, and also all the right, title, interest, claim and de- mand of all and singular the several and respective parties to the proceed- ings in partition aforesaid, of, in and to all [here insert description of the premises], togethee with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part thereof : To have and to hold the said above- bargained premises, with the appurtenances, and every part thereof, unto the said party of the second part, his heirs and assigns, to his and their only proper use and behoof forever ; as fully and absolutely as the said parties of the first part can and ought to grant and convey the same, pur- suant to the statute and their authority as aforesaid. In witness whekeof, 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 ) A. B, ) C [Seal] in presence of ) 0. D., >■ Commissioners. < [6'eal.] , [Sij^nature of witness.] E. E., ) {[Seal i 712. Deed hy Mortgagee on Foreclosure ty Advertisement.{g) This indenture, made the day of , in the year one thou- sand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., ol , in the said county, farmer, of the second part : Whekeas, M. N.„ by a certain indenture of mortgage, bearing date the day of , one thousand eight hundred and , for the consideration of the sum of dollars, did bargain, sell and convey unto A. B., his heirs and assigns, forever, the premises hereinafter deseribed and granted [or, prem- ises in said mortgage particularly described, and of which the premises hepeinafter described and granted are a part], with the appurtenances, sub- ject to a proviso, in the said indenture of mortgage contained, that the same should be void on the payment by the said M. N., his heirs, executors, administrators or assigns, of the sum of dollars, in the manner par- ticularly specified in the condition of a certain bond or obligation, bearing even date with the said indenture or mortgage ; with a special power in the said indenture of mortgage contained [here recite the power — e. g., thus], authorizing the said A. B., his heirs, executors, administrators and assigns, if default should be made in the payment of the said sum of money mea- tioned in the condition of the said bond or obligation, with the interest, or of any part thereof, to sell and dispose of the mortgaged premises, or any (j/) The recitals in this form are agreeable to the Laws of New York. 366 ABBOTTS' FOEMS. Deed on Statute Foreclosure. part thereof, by public auction, for payment thereof; and to make and de- liver to the purcliaser or purchasers thereof good and sufficient deed or deeds of conveyance in the law for the same, in fee-simple ; and whereas the said indenture of mortgage has been duly recorded according to law, in the ofHce of , at , in Liber of Mortgages, page , as by the said indenture of mortgage, and the record thereof, and of the power therein contained, wiU more fully appear. And whereas default having been made in the payment of dollars of the money intended to be secured by the said indenture of mortgage, by which the power to sell became operative, and no suit or proceeding having been instituted to recover the same, the mortgaged premises hereinafter par- ticularly described were, on the day of , one thousand eight hun- dred and , sold under said power by public auction to the said party of the second part for the sum of dollars, being the highest sum bid for the same, due and sufficient notice having been previously given of such sale, by advertisement published for twelve weeks successively, once in each week, in a newspaper entitled the , printed in the town of , in County, being the county [or, one of the counties] in which the mortgaged premises are situated, and by affixing a copy of such notice twelve weeks prior to the time therein specified for such sale, on the out- ward door of the courthouse in the town of , being the building in which the county courts are directed to be held in said county [nearest to the said premises] \ and by duly serving a copy of said notice at least four- teen days prior to the time therein specified for such sale, upon saW M. M [or, upon 0. P., the executor of said M. N., he being deceased], and upon O. P. and Q. E., grantees [or, mortgagees], of the premises, and on S. T. and U. v., being all the persons having any claim or lien on said premises subsequent to said mortgage, as required by the law. Now, THEEEFOEB, this indenture witnesseth, that the party of the first part, for and in consideration of the sum so bid, as aforesaid, to him in hand paid by the said party of the second part, the receipt whereof is hereby ac- knowledged, has granted, bargained, sold, aliened, remised, released and confirmed, and by these presents does grant, bargain, sell, alien, remise, re- lease and confirm unto the said party of the second part, and to his heirs and assigns, forever, all [here insert description of the premises] : Togethee WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, as the same are described and conveyed in and by the said indenture of mortgage ; and also, all the estate, right, title. Interest, property, claim and demand whatsoever, both in law and equity, of the said M. N"., as well as of the said party of the first part, of, in and to the above-described premises, with the appurtenances, as fully, to all intents and purposes, as the said party of the first part hath power and authority to grant and sell the same, by virtue of the said in- denture of mortgage, and of the statute in such case made and provided, or otherwise : To have and to hold the said above-granted premises, with their appurtenances, and every part thereof, unto the said party of the second part, his heirs and assigns, forever. In witness [etc., as in Form 711]. DEEDS. 367 Under Judicial Sale. 713. Deed by a Eeferee, Pursuant to a Jvdicial Sale ; — An Administra- trix, A Husband and Wife in Right of the Wife, the Wife being also an Executrix, and Infants, by their Guardians, Joining as Parties. This indentuke, made this day of , in the year one thousand eight hundred and , hetween M. K, special referee and trustee, ap- pointed by the Supreme Court, party of the first part, A. B., of , ad- ministratris with the will annexed of 0. B., deceased, and the said A. B., in her own right, 0. D., of , and E. D. his wife, in right of the said E., and the said E. as executrix of the last will and testament of G. H., de- ceased, J. H., of , and K. H., of , by J. K, their guardian, parties of the second part, and T. Z., of , of the third part: Wheekab, at a special terra of the Supreme Court of the State of , held for the county of , at , on the day of , one thou- sand eight hundred and , it was among other things ordered, adjudged and decreed by the said court, in a certain cause then pending in the said court, between \here name the parties to the suit], that the said M. N., as such referee and trustee, for that purpose appointed by the said decretal order, proceed with all convenient speed, to sell for cash, all real estate which the said C. B., deceased, died seized or possessed of or entitled to, and that each distinct farm, tract or lot be sold separately, and at public auction, in the county of , , by or under the direction of said referee and trustee, and that said referee and trustee give public notice of the time and place of such sale, by advertising the same twice a week, for three weeks, in the city of , and once a week, for three weeks, in any county in this State in which the property may be situated, as in case of sale of mortgaged premises in suits for the foreclosure of mortgages on lands, and that such referee and trustee execute to the purchaser or pur- chasers, good and sufficient deed or deeds of conveyance therefor ; and it was further ordered, adjudged and decreed, in and by the said decretal order, that the parties to the said suit, respectively — that is to say, the adult parties, personally, and the said iiifant defendants by their several guardians ad litem [who were thereby severally appointed and authorized for ihat purpose] — ^unite with the said referee and trustee in such deed or deeds of conveyance ; and that the said E. D., if living, unite in the said deed or deeds as such executrix as aforesaid, and in case the said E. D. should die before the said sale and conveyance, then it was ordered that no proceedings be had towards such sale, until some party to said suit should obtain letters of administration with the will annexed, of the goods, chattels and credits not administered of the decedent, Gr. H., thereby left without a personal representative, and that the party obtaining such letters of ad- ministration also unite as such in the said deed or deeds of conveyance. And whereas the said M. N., the said party of the first part, as referee or trustee aforesaid, in pursuance of the said_ decretal order of the said court, did, on the day of , one thousand eight himdred and , sell at public auction, at the Merchant's Exchange, in tbe city of , the premises hereinafter mentioned and described, due notice of the time and place of such sale being first given, agreeably to the said decretal order, h\ 368 ABBOTTS' POEMS. Deeds upon Variona Peculiar ConsiderationB. advertising the same twice a week, for three weelcs and upwards, in a news- paper published in the city of , and once a' week, for three weeks and upwards, in a newspaper published in the county of , in which county part of the property to be sold is situated, such advertisement being as in the case of sales of mortgaged premises in suits for the foreclosure of mortgages on lands ; at which sale the premises hereinafter described were struck off to the said party of the third part for the sum of dollars, that being the highest sum bidden for the same, and he being the highe-it bidder therefor. Now this indentueb witnesseth, that tile said party of the first part, as referee and trustee as aforesaid, and the parties of the second part to these presents, in order to carry into effect the sale so made by said party of the first part, and in pursuance of said decretal order, and in consideration of the premises, and of the said sum of money so bidden as aforesaid being first duly paid by the said party of the third part to the said party of the first part, the receipt whereof is hereby acknowledged by the said party of the first part, have bargained and sold, and by these pres- ents do bargain, sell and convey unto the said party of the third part all that certain lot, piece or parcel of land [describing 4(1, together with all and singular the tenements, hereditaments and appurtenances thereunto he- longing, 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, dower and right of dower, property, possession, claim and demand whatsoever, as well at law as in equity, of the said par- ties of the first and second parts, and of each and every of thejn, of, in and 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 appurtenances, unto the said party of the third part, his heirs and assigns, forever. In witness wheeeof, the said parties of the first and second parts have hereto set their hands and seals, the day and year first above written. Signed, sealed and delivered ) M. N., Trustee and Referee \Seal!\ in the presence of > A. B., Administratrix, etc. {Seal.} ■ Signatures of wiPnesses? A. B., [Seal.'] 0. D., {Seal.] E. D., [5«a?.] E. D., Executrix, etc. [Seal.] J. H. and [Seal.] K. H., [Seal] By J. K., their guardian Deeds upon Peculiar Considerations. 714. Deed to Correct Mistakes in a Prior Conveyance. Tras TTOENTTiEB, made this day of , 18 , between A. B,, of , merchant, of the first part, and Y. Z., of , farmer, of the second part, witnesseth : DEEDS. 369 Gonflrmation. ■Whereas the said A. B. did, on or about the day of , 18 , ex- ecute and deliver to the party of the second part [or, to one Y. Z , under whom the party of the second part hereto claims], for the consideration therein mentioned, a conveyance of certain lands in , hereinafter more particularly described, which said conveyance is recorded la the office of the , of County, book , page , of conveyances. And whereas, in said conveyance, by mistake, the words were written in- stead of the words [or otherwise specify the errors]. And whereas, to prevent difficulties hereafter, it is expedient to correct said errors : M'ow, THEHBFOEE, this indenture witnesseth, that the said party of the first part, in consideration of the premises and of one dollar to him paid by the party of the second part, hereby grants, conveys, releases and confirms unto the said party of the second part, his heirs and assigns, forever, all [etc., insert- ing description, and concluding as in other cases]. 715. Deed Confirming a Prior Voidable Deed. This indentuee, made this day of , one thousand eight hundred and , between A. B., of , in the county of , and State of , farmer, of the first part, and T. Z., of , in the said coimty, merchant, of the second part. Whbkeas, by a deed bearing date, on the day of I 18 , and therein mentioned to be made by the party hereto of the first part [with one 0. D.] of tlie one part, and [or, unto] the said Y. Z., of the other part, and in consideration of , the premises hereinafter described were granted and conveyed, or intended so to be, to the said Y. Z., his heirs and assigns, forever ; and whereas [here recite de- fect which rendered the deed voidable — e. g., infancy, thus :] the said A. B.. at the time of the date and making the said in part recited deed, was not of the age of twenty-one years, but has since attained to such age, and has this day, and before the execution of these presents, duly sealed and de- livered the said in part recited deed. Now, this indentuee witjtesseth : That [as well in the performance of a covenant for farther assurance in the said deed contained, as also] for and in consideration of the sum of dollars, to him, the said A. B., in hand paid by the said Y. Z., the receipt whereof the said A. B. does hereby acknowledge, he, the said A. B., has, and now by these presents does, ratify, approve and con&m(/i) said deed, and remise, release and quit-claim unto the said Y. Z., in his actual posses- sion now being, by virtue of the before-mentioned deed, and to his heirs and assigns, aU [here insert description of premises], together with all the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining. To have and to hold all and singular the above-de- scribed premises, together with the appurtenances, and every part thereof, into said party of the second part, his heirs and assigns, forever. And THE SAID [continuing as in Form S77, from the * to the end].(i) (h) These are til e appropriate words for (i) A oovennnt for Further assurance such a deed. 2 ffilHard's B. ^,,B15, mav properly be inserted. See Form 626. 24 SYO ABBOTTS' FORMS. Deed of Release. 716. Short Form of the Same ; By Indorsement on the Prior Deed. Know all men by these presents, that I, A. B., of , the grantor within named, do by these presents grant, ratify and confirm unto Y. Z., of , all the estate which I may have in the premises within described with the appurtenances, to ha-vb and to hold unto him, the said Y. Z., and his heirs and assigns, forever. Witness my hand and seal, this day of , 18 . Signed, sealed and delivered ) A. B. \8eal^ in presence of \ [Signature ojt witness.] 717. Release by a Trtistee to the Grantee of Sis Cestui que Trust. Know all men by these presents, that whereas M. If. heretofore obtained a judgment against O. P., of , whereon a writ oi fieri facias was issued ; and all the estate, right, title and interest of the said 0. P. to the premises hereinafter mentioned and described, together with divers other premises, was sold by the sheriff of the county of , under and by virtue of the aforesaid writ ; and whereas all the estate, right, title and in- terest of the said O. P., so sold as aforesaid, was his life estate in and to the said premises ; and whereas the said M. N. became the purchaser thereof; and afterwards, by indenture bearing date the , day of , in the year one thousand eight hundred and , and which was recorded in the office of the in and for the county of , in liber of convey- ances, page , on the day of , 18 , as by reference thereto more fully appears, conveyed to me, A. B., of , in trust for the beneiit of the said O. P., all his right, title and interest in and to the premises herein mentioned and described, together with divers other premises in the said indenture above referred to, as by reference to the record thereof will appear : Now, THBKKFOEB, KNOW TE, that I, A. B., for the purpose of carrying into effect the said trust, and at the request of the said O. P., which said request is testified by his signature indorsed hereon, and in consideration of one dollar to me in hand paid by Y. Z., of ,'have, and by these presents do, remise, release and quit-claim to the said Y. Z., and to his heirs and assigns, all my right, title and interest in and to all [describing premises], together with the appurtenances; to hatb and to hold, unto the said Y. Z., his heirs and assigns, to his and their only proper use, benefit and be- hoof forever. In witness whereof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed, sealed and delivered) A. B. [Seal^ in the presence of J [Signature of witness^ DEEDS. 371 Voluntary Partition. 718. Deed of Partition. This indkntuee, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and 0. D., of , in the said county, farmer, of the second part, and E. F., of aforesaid, mason, of the third part : Wheeeas tde parties hereto have and hold as tenants in common [or, as joint tenants] in equal parts [or, viz., the said A. B. two equal undivided sixths, and the said 0. D. one equal undivided sixth, and the"«aid E. F. three, etc., of] a certain tract, piece or parcel of land situate in , being the same premises conveyed to them by M. N. hy deed bearing date the day of , 18 \or, devised to them by the will of M. N., or other- wise, according to the fact] ; and whereas the parties hereto have mutually agreed to make partition of said land and hold their respective shares in severalty: Now this indeniceb witnesses — First, the said A. B., party of the first part, shall from henceforth have, hold, possess and enjoy in sev- eralty by himself, and to him, and his heirs and assigns, for his share and proportion of the said lands and prewiises, all \here insert description of the part allotted to him} ; and the said parties of the second and third parts, in consideration of the premises [and of the sum of dollars to them paid by the said A. B. for equality of partition, the receipt whereof is hereby ac- knowledged], do hereby give, grant, set over, convey, release and confirm unto the said A. B., the party of the first part, his heirs and assigns, for- ever, the last above-described premises: Togethee 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, interest [dower and right of dower(j)], property, possession, claim and demand whatsoever of the said parties of the second and third parts, both in law and in equity, of, in and to the above-granted premises, with the hereditaments and appurtenances : 'I'o have ahd to hold all and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the first part, his heirs and assigns, for- ever [if there is any encumbrance, add, subject to, etc., specifying it]. And the said parties of the second and third parts do hereby severally, and not jointly, but each for himself, and for his heirs, executors and admin- istrators, covenant, promise and agree, to and with the said party of the first part, that he, the said A. B., his heirs and assigns, shall or lawfully may, from time to time, and at all times hereafter, forever, freely, peaceably and quietly, have, hold, occupy, possess and enjoy the said first-described piece or allotment of land, with the appurtenances, and receive and take the rents, issues and profits thereof, without any molestation, interruption or denial of them, the parties of the second and third parts, their heirs or as- signs, or of any other person or persons whatsoever, lawfully claiming or _£ ^ ^___^^^^— . (J) Omit these words, vinless a wife joins to bar her dower as to this alfctment. 372 ABBOTTS' FORMS. Deed in Confirmation of Devise. to claim by, from or under thera or either of them, or by or with his or their act, privity or procurement. Second. The said 0. D., party of the second part, shall from henceforth have, hold, possess and enjoy in severalty by himself, and to him, and his heirs and assigns, for his share and proportion of the said lands and prem- ises, all [Jiere insert description of the part allotted to Mm] ; and the said parties of the first and third parts do hereby give, grant, set over, convey, release and confirm unto the said 0. D., the party of the second part, his heirs and assigns, forever, the last above-described premises: ToeETHEE with [etc., as aiove ; and so on with the allotment to the party of the third part]. Is WITNESS WHEEEOE, the parties to these presents have hereunto inter changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatu/res and seals.] in the presence of ) [Signature of witness^ 719. Deed Among Heirs in Oonfwmation of Demises, With Conenant to Abide By the Will. This indentuee, made the day of , in the year one thousand eight hundred and , between A. B., widow of B. B., late of , in the county of , farmer, deceased, of the first part; 0. B., of the same place, and L. B. his wife, of th-e second part ; E. B., of the same place, and J. B. his wife, of the third part : 'Wheeeas the said B. B., late of in the County, farmer, deceased, being in his lifetime seized of the real estate therein mentioned, did, in due form of law, make and publish his last will and testament in writing, containing devises, of which the following are a copy [here set forth the provisions; or, refer to the will on record]: And whereas the said testator after making the said will, died seized as aforesaid, without revoking or altering the same; and whereas the said A. B., party of the first part, is the widow, and the said 0. B. and E. B. are the children, devisees and heirs at law of the said B. B., the testator, deceased [and whereas doubts have been suggested whether the words, contained in the said wiU are sufficient in the law to pass an estate in fee- simple to the said A. B. for the lof of land in Third-street, devised or intended to be devised to her, and also to pass estates in fee to the said 0. B. and E. B., in and to the several premises respectively devised or intended to be devised to them] ; and the said several parties to these presents, being willing and desirous that the real inter tions of the said testator should be carried into effect notwithstanding any errors or imper- fections which may or do exist in the said will, have agreed to make and execute an instrument of writing, under their respective hands and seals, which shall he suflaoient for that purpose. Now THBEEPOEB, tMs indenture witnesseth, that the said C. B. and L. B. his wife, and E. B. and J. B. his wife, for the considerations aforesaid, and for the further consideration of one dollar to them in hancf paid by the said A. B., the receipt of which they do hereby acknowledge, have granted, DEEDS. 373 Conflrmatioa of Devise. bargained, sold, aliened, remised, released and confirmed, and by these presents do fully, freely, and absolutely grant, bargain, sell, alien, remise, release and confirm unto the said A. B, in her actual possession now being, and to her heirs and ' assigns forever, all that lot of land situate in Third- street, in the city of New York, and mentioned in the said will as given to her ; together with the appurtenances, and also all and singular the right, title, interest, dower, claim and demand whatsoever, both at law and in equity, of the said 0. B. and L. B. his wife, and E. B. and J. B. his wife, of, in and to the same : to have and to hold the said lot of ground in Third- street, with the appurtenances, to the said A. B., her heirs and assigns, for- ever ; and the said C. B. and L. B. his wife, and E. B. and J. B. his wife, do further release and confirm unto the said A. B., the one-half of the dweUing-house at , in which the said B. B., the testator, resided, to have and to hold the same to the said A. B. during the term of her natural life. And this indbnttjeb further witnesseth, that the said E. B. and J. B. his wife, for the considerations aforesaid, and also for the fm-ther consideration of the sum of one dollar to them in hand paid by the said 0. B., the receipt whereof they do hereby respectively acknowledge, have granted, bargained, sold, aliened, remised, released and confirmed, and by these presents do fully, freely and absolutely grant, bargain, sell, alien, remise, release and confirm unto the said E. B., and to his heirs and assigns forever, the house and land now in his possession, situate in aforesaid, and devised or intended to be devised to him in and by the aforesaid will, together with the appurtenances and also all the estate, right, title, interest, dower, claim and demand whatsoever, both at law and in equity, of them, the said E. B. and J. B. his wife ; to have and to hold the said premises, with th^ appurtenances, to the said 0. B., his heirs and assigns, to the sole and only proper use, benefit and behoof of the said 0. B., his heirs and assigns', forever. Akd this indenture further witnesseth, that the said 0. B. and L. B. his wife, for and in consideration aforesaid, and for the further consideration of one dollar to them in hand paid by the said E. B., at or before the en- sealing and delivery of these presents, the receipt of which they do hereby acknowledge, have granted, bargained, sold, aliened, remised, released and confirmed, and by these presents do ftilly, freely and absolutely gramt, bargain, sell, alien, remise, release and confirm unto the said E. B. in hia actual possession now being, and to his heirs and assigns forever, the dwelling-house of the said testator [subject to the life-estate of the said A. B. in a moiety thereof], together with the appurtenances; and also all the estate, right, title, interest, dower, claim and demand whatsoever, at law' and in equity, of the said 0. B. and L. B. his wife, of, in and to the same : TO HAVE AND TO HOLD all and singular the said premises, with the appurte- nances, unto the said E. B., his heirs and assigns, to the sole and only proper use, benefit and behoof of the said E. B., his heirs and assigns, forever. And this nroENTUEE further witnesseth, that the said E. B. for himself his heirs »,nd assigns, d6th hereby freely grant and confirm unto the said 374- ABBOTTS' FORMS. Deeds of Gift. 0. B., his heirs and assigns, forever, the use and privilege of a road to past and repass to and from the river, with wagons, horses and carriages, through the land hereinhefore conveyed to the said E. B., to have and to hold the said use and privilege to the said 0. B., and to his heirs and assigns forever. Am> THE sEVEiiAL and respective parties to these presents, each of them for himself, herself and themselves, his, her and their heirs, executors and administrators, do hereby mutually covenant, promise, grant and agree to and with the other and others of them, his, her and their heirs, executors, administrators and assigns, that in every respect and particular not herein- before especially agreed upon and provided for, they, the said parties, and each and every of them respectively, and their and each and every of their legal representatives, shall and will in all things abide by the will of the said testator, and carry the same into full execution and effect, agreeably to the intentions of the said testator, and according to the true intent and meaning of the same. In witness Whereof, the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered j [Signatures and seals.l in presence of ) [Signature of witness.] 720. Deed of Gift.(k) This indenttjee, made this day of , one thousand eight hundred and , between A. B., of , in the county and State of , merchant [and 0. B. his wife], of the first part, and B. B., of the same place, son of the said A. B., physician, of the second part : Witnbsseth, that the said A. B., for and in consideration of the natural love and affection, which he has unto the said B. B., by these ■presents does give, grant, alien, enfeoflF and confirm unto the said B. ?>., his heirs and assigns, forever, all {here insert description of the prem.vies'] : Tooethee with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and re- mainders, rents, issues and profits thereof, and all the estate, right [dower and claim of dower(?)], title, interest, property, claim and demand, whatso- ever, of the said party [or, parties] of the first part, of, in and to the said premises, with the appurtenances, and every part thereof: To have and TO HOLD all and singular the above-granted premises, with the appurtenances, unto the said B. B., his heirs and assigns, forever. In witness wheeeoe, the party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals], the day and year above written. Signed, sealed and delivered / [Signatures and seals.] in presence of ) [Signature of witness.] (&) For tlie form of a covenant to stand (l) Omit these words, unless a wifo seized to uses, see ehapter of Covjsnakts. joins'. DEEDS. 375 Excliange. 721. Deed of Exchange.{m) This iip)entube, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county ot , and State of , merchant, of the first part, and Y. Z., ot , in the said county, farmer, of the second part : Witnesseth, that the said party of the first part has given and granted, and by these presents does give and grant unto the said party of the second part, his heirs and assigns, forever, all [here insert description of premises], together with the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, in exchange of and for the lands hereinafter mentioned, of the said party of the second pai-t. To have and TO HOLD the said premises, with the appurtenances, and every part thereof, to the said party of the second pnrt, his heirs and assigns, forever, in ex- change for the said lands hereinafter mentioned, [fiisre may insert the coteuants, if any, which are usually the covenants against enexirnbrances and for further assurance.] And the said party of the second part has likewise given and granted, and by these presents does give and grant unto the said party of the first part, his heirs and assigns, forever, all [here insert description of premises], together with the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, in exchange of and for the laLds hereinbefore mentioned, of the said party of the fir^t pai-t. To have and TO Huijj the said premises, with the appurtenances, and every part thereof, to the said party of the first part, his heirs and assigns, forever, in exchange for tlie said lands hereinbefore mentioned. [Here may insert the cjeeuants, if any, which are usually the comnants agahlst encuinirances and for fur- ther assurance ; and may, if desired, add thefuUowing proviso for re-entry in case of coiction.] Provided always, nevertheless, and these presents are upon this condi- tion, and it is the true intent and meaning of the parties hereunto, that if it shall happen that either of the said parties to these presents, their execu- tors, administrators or assigns, shall at any time hereafter, during the said respective terms above granted, by color or means of any former or other conveyance, or otherwise howsoever, be ousted or evicted of and from the possession of either of the said messuages or tenements, and other the premises, so respectively granted in exchange as aforesaid, or any part theieof, then and in any such case the grant and conveyance made by these presents shall be utterly void and of none effect ; and thenceforth it shall and may be lawful to and for the party or parties so ousted or evicted, into his or their said former messuage or tenement and premises, with all and singular the appurtenances, to re-enter, and the same to have again, re- posiess and enjoy, as of his and their former estate or estates, any thing herein contained to the contrary notwithstan(Jing. (m) This form of conveyance is rarely change to give an ordinary deed to the used in this country. It is commonly other, more convenient for each party to an ex- 576 ABBOTTS' FORMS. Description of Property in Deed. In witness ■whbbeoi', the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [SignaPOres arid seah.] in presence of )- [Signature of witness.] Va/rioua Descriptions of Property and Appurtenances; Exceptions, Sesereations ; Conditions. 722. Description of Land iy No. of Lot and Township. AH that certain tract or parcel of land known as Lot No. 2 (two), in Township IsTo. 3 (three), in range 4 (four), in the county of , and State of aforesaid, containing acres.(ra) 723. Description hy Metes and Bouvds.(p) All that certain tract, piece or parcel of land situate, lying and being in the town of , county of , and State of , known and described as follows : beginning at a stake and stones in the northeast cor- ner of the meadow-lot, now or late of M. N., running thence northerly(p) sixteen (16) rods; thenoe north twenty-three degrees. (23°) ; east, ten (10) rods ; thence south twenty-five degrees, ten minutes (25° 10') ; east, sixteen (16) rods, ten (10) inches ; thence south by west to the point of beginning, containing acres, (j') 724. The Same of a City Lot. All that certain lot, piece or parcel of land, with the buildings thereon erected, situate, lying and being in the Nineteenth Ward of the city of New York, bounded and described as follows — to wit : beginning at a point on the westerly side of Second Avenue, distant twenty (20) feet and five (5) inches northerly from the northerly side of Fiftieth-street, and running thence westerly through a party wall and paraUel(?') with Fiftieth-street, seventy (70) feet ; thenoe northerly and parallel with Second Avenue, twenty (20) feet ; thence easterly to and through another party wall and parallel(r) with (n) This form conveys the wliole lot, due north, due south, etc. Brandt v. and the reference to the area will be con- Ogden, 1 Johns. ^ 156 ; Jackson t). Keevea, trolled by the words referring to the lot. 8 Cai, 293. Hathaway ». Power, 6 Hill, 458. (y) Th* speoiflfiation of the number of (o) "Where land is conveyed by metes acres cannot control a palpable descrip- and bounds, running from fixed and visi- tion of a larger area by monuments, ble monuments, whether natural or artifi- courses and distances. Jackson v. Mo- dal, such monuments or marks appearing Connell, 19 PT^nt^., 175. upon the land must be adhered, to, and (r) This word should not be inserted will control the distances, courses and Where there can be ariy mistake, unless it area specified. Wendell v. Jackson, 8 is material, as a line described as parallel Wend., 188; Jackson ®. Camp, 1 Oow., may be so located, though it violates 605. course and distance. Northrop ti. Sum- (p) Northerly, southward, etc., if used ney, 27 Marb,, 196. (rith-ut quali icalion, are taken to mean DEEDS. Sit Desoriptiott of Property. Fiftieth-street, seventy (70) feet to the westerly side of Second Avenue, and thence southerly along the said westerly side of Second Avenue, twenty (20) feet to the point or place of beginning. T25. description ly Reference to a Map. All those lots of ground situate, lying and being in the Ward of the city of , known and distinguished on a certain map of the prop- erty of M. K, made by O. P., city surveyor, and now on file in the office of , in said , by the numbers one hundred and seventeen (117) and one hundred and eighteen (118).(s) 726. Description Bounding by Rivers, Highways and Other EoUndariea. All that tract of land situate, lying and being in the town of , in said county of , and bounded and described as follows : on the east by the Ox Bow Oreek,(i) on the southeast by the northwest bank of the Salmon Kiver,(«) on the south by land, now or late of M. lT.,(f)) on the west by [the east side of](«)) the highway leading to P. 727. Description of Water-Lot. All that certain water-lot, or vacant ground and soil under water, to be made land, and gained out of the North or Hudson Eiver, and bounded, described and containing as foUows : Beginning \here give metes and hounds], • («) To this is frequently added the (w) Where a street or highway is given boundaries, as in the preceding form J as a boundary, the centre line of the way but the map will control such bounds if is intended, unless the side is expressly there be any discrepancy. Jackson v. fixed upon. Jackson a. Hathaway, 15 jDiefendorf, 1 Cai., 493. Johns., ,447. Even bounding by a linff (f) This will give to the thread of the described as "commencing at the side of stream, if it is not navigable, and the tide the street and running along the street," does not ebb and flow. If it is intended or by courses and distances which pro- not to convey the bed of the creek, the duce a line along the side of the street, or west bank should be specified as the by a map which gives the side as a boun- boiindary. Jackson v. Loan, 12 Johns., dary, will convey the land to the centre. 252; Luce ii. Carley, 24 Wend., 451; 13 Conn., 23; Sizer v. Dcvereaux, 16 Child «. Starr, 4 ifiW, 869. Barb., 160; Hammond v. McLachlan, 1 («) This will give only to high-water Sand/.,ZiZ; Bissell «. N. Y. Central Eail- mark, if the river is navigable. Halsey road Co., 28 N. Y., 61. V. McCormick, 13 N. Y. (3 Kern.), 296 \ These are the established rules in New Wiswall V. Hall, 8 Paige, 813. There are York. In some other States, such con- local exceptions to this rule, however. veyances do not pass the fee of the joad- (e) As to whether this will be taken to way. mean the apparent boundary or the true It is, however, the general rule, that lino, in case of a discrepancy, compare bounding the land upon ~ way amounts Jackson v. Camp, 1 Cow., 605 ; Doe o. to a covenant that such way exists. Tl-ompson, 5 lb., 371 ; Northrop v. Sum- ney, 27 £arb., 196. SYS ABBOTTS' POEMS. Description of Property in Deed. 728. Description of Unpatented Land. All that tract or parcel of land, situated [etc.\ containing acres, be the same more or less, surveyed or intended to be surveyed, by virtue of a warrant for the same, bearing date the day of , one thousand eight hundred and , granted to the said A. B. as by the said warrant remaining filed in the oflBce of , will appear, subject to the payment of whatever may be due to the commonwealth for patenting the same. 729. Description of an Undivided Share. The one undivided third part of all [etc., deseribirig the premises as in other forms]. T30. Description of an Equity of Eedemption.{x) All that certain lot, piece or parcel of land [describing it by bounds, or otherwise, as in other ^forms'], the premises above described being subject to a certain indentflre of mortgage made by M. IT. to O. P. to secure payment of the sum of dollars, bearing date on the day of , 18 [and recorded in the office of the of the county of , in liber of mortgages, page ], on which the sum of dollars, with interest, from the day of , is due. 731. The Same ; Where the Grantee Covenants to Pay the Mortgage. « All that certain lot, piece or parcel of land [describing it by bounds, or otherwise, as in other forms] the premises above described, being subject to a certain indenture of mortgage made by M. N. to O. P., to secure payment of the sum of dollars, bearing date on the day of ,18 [and recorded in the office of the of the county of , in liber of mortgages, page ], on which the sum of dollars, with interest, from the day of , is due, which said mortgage forms part of the con- sideration above mentioned, and which the said party of the second part hereby assumes and agrees to pay.(y) (x) A conveyance in these terms does will render the grantee liable to indemnify not render the grantee personally liable his grantor against the mortgage. Thomp- for the mortgage debt. To raise such lia- son ». Thompson, 4 OJiio Stat., S38 ; Hart- bility, there must be an agreement to pay ley ». Harrison, 24 iK J"., 172 ; and eases the debt, made either with the mortgagee cited, Townsend v. "Ward, 27 Conn., 610. or holder of the mortgage, or with some If the grantor is personally liable on tho person legally or equitably bound to pay mortgage, this covenant will render tho it. Tillotson v. Boyd, 4 Sand/., 516 ; grantee liable directly thereon ; also for Stebbins D. Hall, 29 Barb., 524. any deficiency on foreclosure. Trotter v. (y) The abore form, even without tho Hughes, 12 If. Y., 74. «xprSss agreement to pay the mortgage, DEEDS. 379 Land with Ektsement. 732. Description of a Lot, with a Bight of Wa/y, and of Making a Drain. All \_etc., iounding the lot as in other forms, and adding :] Together with a right of way in and over a certain strip of land along the west side of the store on the above-granted premises, for the said party of the second part, his heirs and assigns, and his and their servants, and the tenants and occupants from time to time of the premises above granted, and any other person or persons for his and their benelit and advantage [in common with the said party of the first part, his servants and the tenants and occu- pants of his premises adjoining], at all times freely to pass and repass, on foot or with animals, vehicles, loads or otherwise, to and fro, between the premises hereby granted and the highway or street, the said strip of land and way being feet wide. And also together with the right to enter a drain from the above-granted premises into the drain now running under the said strip of land, to be used as a way as aforesaid, and the same to use as a sewer or drain from the above-granted land to the common sewer in the street or highway [subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue, in paving, repairing and cleansing the said way and drain], 733. Description of a Lot Abutting on An Alley With Bight of Way Therein, Subject to Charges and Covenants'. AH that certain lot, piece or parcel of land, with the buildings thereon erected, situate in the Fifth Ward of the city of New York, on the westerly side of Broadway, being part of a tract of land formerly called " The Pas- ture Lots," formerly the property of Augustus Van Oortlandt and Frederick Van Oortlandt, and distinguished in maps and conveyances relating thereto as lot No. 16 (sixteen) and the letters F. V. 0., being bounded as follows — to wit: Beginning at a point on the westerly side of Broadway, distant southwardly fifty feet from the southwesterly corner of Broadway and "White-street ; thence running westerly along the lot distinguished on said maps and conveyances by the Number 17 and the letters A. V. 0., to a cer- tain alley in the rear thereof that extends from White-street to the street now called Franklin-street, lately Sugar-Loaf-street ; thence southerly along said alley to the lot distinguished on the said maps and conveyances by the Number 15 and the letters A. V. 0. ; then easterly along the said last- mentioned lot to Broadway ; and thence northerly along the said Broad- way to the place of beginning ; containing in front and rear each twenty- five feet, and in length on each side one hundred and fifty feet, be the same more or less. And also the right and privilege to use the said alley as a way or passage from the said lots to the aforesaid streets in common with all the proprietors of the other lots of ground adjoining upon that alley; which said alley is twenty-five feet in width, and was made by land taken off the year of the said lot and the other lots fronting upon Broadway in the same range and block with it ; whereby those lots have become re- duced in length from one hundred and seventy-five feet (their original length) to one hundred and fifty feet or thereabouts, be the same mftre or 380 ABBOTTS' FORMS. Conveyance of Land Subject to Easement. less. And it is uuderstood that all charges and expenses of sustaining th« said alley, or relating thereto, are charged and chargeable upon all and every of the lots adjoining upon that alley in equal proportions. And it is further understood and aigreed, that the lot of ground hereby intended to be granted, bargained and sold, is hereby bargained, granted and sold, sub- ject to that charge or encumbrance, as also to aU such covenants, conditiona and restrictions as may be contained in any existing deed or writing what- soever establishing the said alley, and for restraining the owners of the said lot of ground hereby granted from erecting any baUdings other than a Coaeh-house or stable fronting on the said alley. 734. Grant of Eagement Appurtenant to Lot Bounding on a Cov/rt or Alley. {AMtl Together with one-half of the part of said court or alley which lies in front of the premises hereby conveyed, subject to a perpetual right of way over the same to all and every the owners and occupants of the premises lying adjacent to and abutting on said court or alley ; and the par-' ties of the first part hereby convey to the said. party of the second part, his heirs and assigns, a perpetual right of way from street through the said alley or court to and from the premises hereby conveyed, in common with said owner^ and occupants, and also a perpetual right and privilege to use in common with them the drain or sewer running through the centre of said court or alley. 735. Premiaei Subject to Easement for Party^walh. [Add .■] Subject, nevertheless, to the use of the walls on the easterly and westerly sides respectively of the said lot, by M. N. and O. P., their heirs and assigns, the grantees of the said party hereto of the first part of the lots next adjoining the lot hereby conveyed on said sides respeetively, as party- walls, (z) 736. Premises Subject to Easement for Drain. [Add:'] Subject, nevertheless, to a sewer or drain passing through the premises hereby conveyed for the use and benefit of other premises of the said party of the first part, adjoining the same upon the south, said sewer and drain to remain as at present used for the benefit of the adjoining premises, (a) 737. Description of Water Power.Qi) All [etc., describing the land, as in other cases], together with the priv- ilege of bringing water from the dam to the mill thereon \or, a mill to bo (z) If the easement is created by a deed (5) For another form, measuring bj on record, it is advisable to refer to !t. capacity of flume, see Form 765. (a) See j.f ooeding note. DEEDS. 381 Exceptions and Reservation. erected thereon], sufficient to keep a saw-mill(c) in operation, at all times when there is so much more than is wanted, by the party of the first part, his heirs or assigns, to drive a grist-mill with three run of stones.(c) 738. Eesereation of Ground/or Streets, etc. [Insert immediately after the boundaries .•] saving and reserving from and out of the hereby granted premises such streets as are now or hereafter may be laid oat through the premises hereby granted; and whenever any such streets may be laid out, over and across the said premises, that the same shall be made at the expense of the said party of the second part, his heirs or assigns, and be and forever remain public streets, in like manner as other public streets are or ought to be. 739. Exception and Beservation of Mines, With Covenant for Payment of Bent and JDamages. Excepting and reserving unto the said A. B., his heirs and assigns, all mines, veins, seams and beds of coal, ironstone and other minerals whatso- ever already found, or which may hereafter be found, upon or under the lands hereby assured, or expressed so to be, with full liberty of ingress, egress and regress at all times for him, the said A. B., his heirs and as- signs, and his and their servants, agents and workmen in and upon the said lands, and either with or without horses and other cattle, carts and wagons, and other carriages, for the purpose of searching for, working, get- ting and carrying away the said mines and minerals, and with full liberty also for him, the said A. B., his heirs and assigns,' to sink, drive, make and use pits, shafts, drifts, adits, air-courses and water-courses, and to erect and set up fire and other engines, machinery and works, and to lay down railroads and other roads in, upon, under and over the said lands, or any of them, for the purpose of more conveniently working and carrying away the said mines and minerals, and also to appropriate and use any part of the surface of the said lands for depositing, placing and heaping thereon the minerals, waste, rubbish and other substances which may be gotten from the said mines, and generally to do all other acts and things necessary or proper for working and getting the said mines and minerals according to the most approved practice of mining in the district: Provided alwats, that the said A. B., his heirs or assigns, do and shall pay to the said T. Z., his heirs or assigns, the annual sum of dollars for every acre, and so in proportion for any less quantity than an acre of land, the surface whereof shall be appropriated or used for any of the purposes aforesaid, so long as such appropriation or use shall continue, and until the surface shall be re- stored, as nearly as may be practicable, to its original state and condition before such appropriation or use commenced ; and provided, also, that the (c) Designating thus a particular use than an equivalent power. Cromwell ». will not be construed to exclude by im- Selden, Z N. T. {Z Comst.), 'ibZ \ Wakely plication other uses calling for no more v, Davidson, 2f> N. T., 887. 382 ABBOTTS' FORMS. Deed of Various Estates less than Fee. ■working of the said mines shall be conducted in such a manner as not to endanger any buildings now being on the said lands, or which may here- after be erected on the site of, or within yards of the site of any pres- ent buildings, and generally to do as little damage or injury to the surface of the said lands as shall be consistent with the proper working of the said mines ; and provided, also, that the said A. B., his heirs or assigns, shall pay to the said T. Z., his heirs or assigns, adequate compensation for all damage or injury which he or they, or his or their tenants may sustain by reason of the working of the said mines, or the exercise of any of the liber- ties and privileges hereby excepted and reserved, the amount of such com- pensation, and all other matters in difference which may arise between the parties in connection with the said excepted mines, minerals, liberties and privileges to be ascertained by arbitration \ifnwy state mode of appointing arbitrators, as in a Lease]. Deeds Creating or Conveying Particular Estates Other Than An Absolute Fee. 740. Deed Conveying a Life Estate, With Bemainder Over. This inbentuee, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant [and 0. B. his wife], of the first part, and W. X. and Y. Z., of , in the said county, gentlemen, of the second part, WITNESSETH : That the said party of the first part, in consideration of dollars to him \or, them] paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has [or, have] granted, bar- gained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, con- vey and confirm unto the said parties of the second part, all {here insert description of the premises]. To have and to hold all and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said W. X. and his assigns, for and during the natural life of said W. X., and upon his death then unto the said Y. Z., his heirs and assigns, forever. • Togethbe with [etc., as in other forms]. 741. Deed By a Tenant for Life. This indentuee, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part, Witnesseth: That the said party of the first part, in consideration of dollars to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, remise, release, con- vey and confirm, unto the said party of the second part, and to his executors, administrators [or, his heirs] and assigns, forever, all the estate, right, title DEEDS. 383 Estate for Life ; Assignment of Dower. and interest of the party of the first part — to wit, an estate for and during his natural life in all [here insert description qf the premises] : Together ■with the appurtenances thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof: To have and to hold all and singular, the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the second part, his executors, administrators [or, his heirs] and assigns, to his and their use for and during the natural life of the said party of the first part [if there is any encum- hrance, add, subject to, etc., specifying it]. And the said party of the first part, for himself and his heirs, executors and administrators, does covenant, promise and agree, to and with the said party of the second part, his executors, administrators [or, his heirs] and assigns, that the said party of the first part, at the time of the sealing and delivery of these presents, is lawfully seized in his own right [or otherwise, as the case may. le], of a good, absolute and indefeasible estate of freehold, for and during the natural life of the said , of and in all and singular the above-granted premises, with the appurtenanr-es [if conveyed subject to an encurnbranee, say, subject as aforesaid] : And the said party of the second part, his executors, ad- ministrators [or, his heirs] and assigns, shall and may, at aU times hereafter during said life, 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, molestation, eviction or disturbance of the said party of the first part or his assigns, or of any other person or persons lawfully claiming or to claim the same: And that the said party of the first part, at the time of the sealing and delivery of these presents, has good right, full power and lawfnl authority to grant, bargain, sell and convey the same in manner and form aforesaid. In witness wheeeof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered \ A. B. [Seal.] in presence" of J [Signature of witness^ 742. Assignment of Dower. This iNDENTnEE, mace this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, and 0. D., of said place, physician, of the first part, and Y. Z., of , in the said county, widow of W. Z., late of said place, deceased, of the second part : Whbeeas the said W. Z. was in his lifetime and at the time of his death seized in fee of certain lands and tenements in , which upon the decease of the said W. Z. descended to the said parties of the first part, subject to the dower-right of the said party of the second part: Now this indentttre wrrNESSETn, that the said parties of the first part have endowed and assigned, and by these presents do endow and assign unto the said party of the second part, the one-third part of the said lands and tenements — to wit [here insert description of the part allotted to her] : To have and to hold the said premises unto the 384 ABBOTTb FORMS. Deed's of Dower Eights. said party of the second part, widow as aforesaid, for and during her natural life, in the name of dower, and in recompense and satisfaction of all the dower which she ought to have, of or in the said lands and tenements in , which belonged to and were of the said W. Z. In witness wbbeeof, the said parties have hereunto interchangeably set theii- hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatures omd seals in presence of ) of loth parties.'] [Signature of witness.'] 74-3. Release of Dower. Know ai-l men by these presents, that I, A. B., of , in the city of , in the county of , and State of , wife of 0. B., of said city [or, widow of 0. B., late of said city, deceased], in consideration of dollars, to me paid by Y, Z., of , in said county, farmer [sole heir of said 0. B., deceased], the receipt whereof is hereby ac- knowledged, have granted, remised, released, conveyed and forever quit- claimed, and by these presents do grant, repoise, release and forever quit.- olaim unto the said T. Z., and to his heirs and assigns, forever,* all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim and demand whatsoever, in law and in equity, of me, the said A. B., of, in and to all [here insert description of premises ; or, if the release is intended to he a general one, say, all and every tlie lands, tenements and real estate, whereof the said 0. B. died seized or pos- sessed, or whereof he was seized or possessed, at the time of his intermar- riage with the said A. B., or at any time since, wheresoever the same may lie and be situate], so that neither I, the said A. B., my heirjS, executors, administrators or assigns, nor any other person or persons, for me, them or any of them, shall have, claim or demand any dower or thirds, or any other right, title, claim or demand, of, in or to the same, or any part thereof, but thereof and therefrom shall be utterly barred and excluded forever. In witness whbeeoe, I have hereunto set my hand and seal, this day of , in the year one thoBsand eight hundred and Signed, sealed and delivered ) A. B. [Seal^ in presence of ) [Signature of witness.] 744. General Release of Dower in Consideration of Beneficial Provisions of Will. Know ALt men by these presents, that whereas 0. B., late of , deceased, by his will, bearing date the day of > 18 , and which has been duly proved in the court of the surrogate of the county of , bequeathed to me, A. B., his wife, dollars in lieu of all dower and claim of dower in his estate. Now, thbeefoke, I, the said A. B., for and in consideration of the said bequest [to me now paid], and in DEEDS. 385 Belense of Dower ; Grant of Eeversion. pursuance and part performance of the said last will and testament of my said late husband, do hereby declare myself fully satisfied and contented therewith, and do hereby grant, remise, release and forever quit-claim unto W. X., of , and T. Z., of , trustees, appointed in and by the said last will and testament of my said late husband, their succes- sors and assigns, forever [continue m in Form 743 from the * to the 6nd\. 746. Short Form of Release of Dower by Indorsement on Deed. Bjfow AH MEN by these presents, that I, A. B., wife [or, widow] of the within-named 0. B. [deceased], in consideration of doJars, to me paid by the within-named Y. Z., do grant, remise, release and quit-claim unto the said Y. Z., all my right, title, interest and dower in and to the within- described premises. In witness whbeeof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed, sealed and delivered ) A. B. [Seal^ in the presence of ) , [Signature ofv>itnessI\ 746. Deed Conveying the Reversion in Fee, Subject to An Outstanding Life Estate. This indentiiee, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part : Wheeeas, 0. B. [the mother of the said party of the first part], holds for the term of her natural life the premises hereinafter described, the reversion and remainder whereof belongs to the party of the first part and his heirs. Now this cr- denttjee WITNESSETH, that the said party of the first part, in consideration of dollars, to him paid by the said party of the second part, the re- ceipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confii-med, and by these presents does grant, bargain, sell, alien, remise, relesfee, convey and confirm unto the said party of the second part, his heirs and assigns, forever, the reversion and remainder of all [here insert description of the premises']. To HAVE AND TO HOLD the Said reversion and remainder, and the rents, issues and profits thereof, when it shall happen, upon the death of said ('. B., in and of all and singular the above-granted premises, together with the appurtenances, unto the said party of the second part, his heirs and assign.-, forever. [If there is any encumbrance, add, subject to, etc., specifying it.] And the said party of the first part, for himself, his heirs, executors and administrators, does covenant, promise and agree to and with the said party of the second part, his heirs and assigns, that the said party of the first part is lawfully seized in his own right of a good, absolute and inde- feasible estate in remainder in the fee of said premises, with the appurte- nances, immediately from and after the decease of the said 0. B. [if conveyed 25 386 ABBOTTS' FORMS. Deed Keleas'mg Rents. suhject to an encumbrance, say, subject as aforesaid]. That the said rever- sion and remainder now is, and the said premises ^d appurtenances im- mediately from and after the death of the said 0. B., shall be free from all encumbrances [except as aforesaid] ; that the said party of the first part has good right, fuU power and lawful authority to convey the same as afore- said, and that after the decease of the said 0. B,, he, and his heirs, executors and administrators will warrant and defend the above-granted premises and appurtenances to the said Y. Z., his heirs and assigns, forever, against the lawful demands of all persons. In witness wheebop, the said party of the first part has hereunto set his hand and seal, the day and year first above written. A. B. [Seal.} Signed, sealed and delivered ) in presence of J [Signature of witness.] 74T. Release of Rents. This indentuee, made this day of , in the year one thousand eight hundred and , between the Mayor, Aldermen and Commonalty of the city of New York, of the first part, and Y. Z., of , of the second part. Wheeeas the said parties of the first part did, by a grant under their common seal, bearing date the day of , in the year one thousand eight hundred and , grant, bargain and sell unto M. N., and to his heirs and assigns forever, certain lands and premises, of which the lands herein- after described are part and parcel, subject, however, to certain yearly rents or sums of money to be paid to the said parties of the first part and their successors, by the said grantees, their heirs and assigns, forever, thereafter, as by reference to the said indenture, or to the counterpart thereof, sealed and delivered by the said grantee, and now in possession of the said parties of the first part, will more fully appear. And whereas the said party to these presents of the second part hath represented to the said parties of the first part that he, the said party of the second part, hath become, and is now by diverse mesne conveyances, law- fully seized of the said premises hereinafter described, being a portion of the premises granted and conveyed by the above-mentioned indenture of granj; and, also, that said portion of said premises is chargeable with the sum of dollars of the yearly rent aforesaid, and no more : And whereas the said party of the second part has paid to the said par- ties of the first part all the arrears of rent now due upon the said herein- after described premises, and has also paid to them the further sum of dollars, in lieu and discharge of all and every the rent and rents, which would hereafter become due and payable pursuant to said alleged agreement upon the said premises hereinafter described, under and by vir- tue of the said grant, less the annual sum of dollars, part and parcel thereof : And whereas the said parties of the first part, in consideration thereof, DEEDS. 387 Eeleaso of Rents. and at the request of the said party of the second part, have agreed to re- lease the land hereinafter described unto the said party hereto of the second part, freed and discharged of and from the payment of the yearly rent aforesaid, and to hold and retain the residue of the lands as seouiity for the arrears of rent now due, and of all and every the rent and rents which would hereafter become due and payable to the said parties of the first part upon the said premises, under and by virtue of the said grant, less the said annual sum of dollars, part and parcel thereof: Now, THEEETORE, tMs indenture witnesseth that the said parties of the first part, for, and in consideration of the said agreement, and of the said sum of dollars, to them paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby for themselves and their successors remise, release and quit-claim unto the said party of the second part, all that part of the said granted lands described as follows — to wit [here insert description], together with the hereditaments and appurtenances thereunto belonging, to the intent that the lands hereby released may be discharged from the payment of the said yearly rent as aforesaid, and that the residue of the lands in the said grant specified may remain to the said parties of first part, as heretofore, -to have and to hold the lands and premises to the said party of the second part, his heirs and assigns, to his and their only proper use, benefit and behoof forever, free, clear and dis- charged of and from all lien and claim under and by virtue of the said in- denture of grant or counterpart aforesaid, and of and from all and every covenant, matter, clause or thing in the said indenture or counterpart con- tained, relating to the payment of rent for the said premises hereby re- leased, and of and from all actions, suits, costs, charges, payments, damages, claims and demands whatsoever, in law or equity, for or concerning the said rent; peovtded, however, that these presents are upon the express con- dition and agreement — that is to say : First, that nothing herein contained shall in any manner or wise be construed, deemed or taken to be a release or discharge of any covenant, condition, proviso or agreement in the said in part recited indenture of grant contained, to be observed, performed, fulfilled or kept by or on the part and behalf of the said grantees named in said indenture or counterpart, their heirs, executors, administrators or as- signs, excepting only the covenant for the payment of rent, and the claim of distress and agreement for re-entry, in consequence of the non-payment thereof, but all and every othercovenant, addition, proviso and agreement therein contained on the part of the said grantees therein mentioned, shall be and continue in full force and effect as ftdly and amply as though this present indenture had never been made. Secondly, that this indenture shall be null and void, if the representations hereinbefore recited, or any of them, be false, fraudulent or untrue. Thirdly, that nothing herein ■ contained shall be construed, deemed or taken to release or discharge the residue of the land described in the said grant from the payment of the rent due, and to grow due thereon, pursuant to said grant, less the part thereof apportioned upon the premises hereljy released as hereinbefore mentioned. In witness [etc., as in Form 686]. 388 ABBOTTS' FOEMS. Deed of Surrender. T48. Deed, of Surrender of a Term, for Life or Yea/rn to the Heveraioner. Tms UTDBNTUEE, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first pai-t, and Y. Z., of , in the said county, farmer, of the second part : "Whbeeas, by his will, bearing date the day of , 18 , M. K. devised a life-estate in the premises hereinafter described to the party of the first part, with a remainder over in fee to the party of the second part [or, by a lease bearing date, etc., the said M. N. leased to O. P. the premises hereinafter described, of which lease the party of the first part has become the assignee, and the reversion of said premises has become vested in the party of the second part]. Now THIS iNDENTUBE WITNESSETH, that, in Consideration of dollars, to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, the said party of the first part has granted, bargained, sold, surrendered and yielded up, and by these presents does grant, bargain, sell, surrender and yield up unto the said party of the second part, his heirs and assigns, forever, all [here insert description of the premises, or refer to lease,' etc., therefor], and all the estate, right, title, interest, term, property, claim and demand whatsoever, of the party of the first part, of, in, to or out of the same or any part thereof: To have ahd io hold the said lands and premises to the said party of the second part, his heirs and assigns, to his and their only proper use and behoof forever. [Covenant against grantor'' s acts may be inserted.] In witness [etc., as in Form 746]. 749. Slwrt Foi-m of Surrender of Lease to he Indorsed Thereon.{S) Know all men by these presents, that I, A. B., the lessee in [or, assignee of] the within lease, hereby, in consideration of one dollar, surrender and yield up the term thereby created to Y. Z. the lessor [or, the owner of the reversion]. In witness whebeof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed, sealed and delivered ) A. B. [Seal.1 in the presence of ) [Signature of witness^ 750. Deed Creating a Joint Teimncy. This indentuee, made the day of . , in the year one thousand eight hundred aud , between A. B., of , in the county of , and State of , merchant [and 0. B.' his wife], of the first part, and W. X. and Y. Z., of , in the said county, merchants, of the second part :* WiTNBssBTH, that the said party [or, parties] of the first part, in considera- {d) Merely cancelling a lense is not effectual. DEEDS. 389 Tenancy in Common. tion of the sum of dollars to Mm [or, them] paid hy the said parties of the second part, the receipt whereof is hereby acknowledged, has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, convey and confirm unto the said parties of the second part and to their heirs and assigns, and the survivor of them, and the heirs and assigns of the survivor of them forever, all [Jiere insert deacriptiori] : Together with all and singular the tenements, hereditaments and appur- tenances 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, interest [dower or right of dower(c)], property, possession, claim and demand whatsoever, of the said party [or, parties] of the first part, both in law and in equity, of, in and to the above- granted premises, with the hereditaments and appurtenances: To have AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereol^ unto the said parties of the second part, their heirs and assigns, forever, as joint tenants, and not as tenants in common. And the said A. B. does hereby covenant, promise and agree, to and witli the said parties of the second part, their heirs and assigns in manner aforesaid, that [etc., as in other eases]. 751. Deed Creating a Tenancy in Oommon.^/) [As in other common forms, except that the habendum will he:] To HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof unto the said "W. X. and Y. Z., their heirs and assigns, forever, as tenants in common and not as joint tenants. 752. Release of Part of Mortgaged Premises. This indbntuee, made this day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part: Wheebas, Y. Z., by a mortgage bearing date the day of , 18 , for the consideration therein men- tioned, and to secure the payment of the money therein specified, did convey certain lands and tenements, of which the premises hereinafter described are part, unto A. B., aforesaid : And whereas the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the premises hereinafter described, unto the said party of the second part, and to hold and retain the residue of the mortgaged premises as security for the money remaining due on the said mortgage : Now this nfDENTUEE WITNKS8ETH, that the said party of tho first part, in pursuance of the said a;;reeinent, and in consideration of one dol'ar to him («) Omittheseword8,unlessawlfejoin9. sons (except luisbnnd and wife) will (/) This is the usual form, but in cr'eiite a tenancy iji common, witliout such general a conveyance to tw) ir more per- words as the above. 390 ABBOTTS' FORMS. Release of Mortgaged Premises. Deed of Eight of Way. paid, the receipt whereof is hereby acknowledged, has granted, remised, released, quit-claimed and set over, and by these presents does grant, release, quit-claim and set over, unto the said party of the second part, all that part of the said mortgaged premises [here insert the description of the part released] : Together with the hereditaments and appurtenances thereto belonging; and all the right, title and interest of the said party of the first part, of, in and to the same, to the intent that the lands hereby conveyed may be dis- charged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part, as hereto- fore: To HAVE AND TO HOLD the lands and premises hereby released and conveyed, to the said party of the second part, his heirs and assigns, forever, free, clear and discharged of and from all lien and claim, under and by virtue of the mortgage aforesaid. In witness wheeeof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered ) A. B. ISeaLJ in presence of J [Signature of witness.] 753. 3eed of Sight of Way, With Covenant ly Grantee to Repair. This indenthee, made the day of , in the year one thou- sand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part, witkesseth, that in consideration of dollars, to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, the said party of the first part, for himself, his heirs and assigns, covenants and grants with and to the said party of the second part, his heirs and assigns, that it staU be lawful for him, his heirs and assigns, and their agents and servants, and the tenants and occupants from time to time of the premises now held by the said Y. Z., in , and known as the Z. meadow, and any other per- son or persons, for his and their benefit and advantage, at all times freely to pass and repass on foot, or with animals, vehicles, loads or otherwise, through and over a certain road or way lately formed and fenced off by the said piirty of the first part, through the meadow adjoining tlie said Z. meadow upon the north, belonging to him, the said party of the first part, and which said road or way is of the width of feet or thereabouts, and leads from the said Z. meadow to the highway, opposite to the house of said party of the second part [which said way, the right whereof is here- by given, is more particularly described in a diagram indorsed on these presents] ; and that it shall be lawful for the said pai-ty of tlie second part, his heirs and assigns, to make and lay causeways, or otherwise to repair said way as there shall be occasion. And the said party of the second part, for himself, his heirs and assigns, hereby covenants with the said party of the first part, his heirs and assigns, that he, the said party of the second part, his heirs and assigns, will, from time to time and at all times hereafter, at his or their own costs and ex- DEEDS. 391 Easement*. pense, repair and maintain, and keep repaired, in a propei-, substantial and workmanlike manner, the said road or way, the right 'of passing in and over wliich is hereby granted, and also the fence upon both sides thereof, and the gate erected by the said party of the first part across the said way, at the northern end thereof, and the fastening belonging thereto ; and also , that he, the said party of the second part, his heirs or assigns, and his and their agents and servants, and the tenants and occupants for th& time being of the said meadow using the said way, will, at all times immediately afi.er he or they shall have used and passed through the said gate, shut and fasten the same. Isf WITNESS WHEEEOF, the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatures and seals.] in px'esence of [ {Signature of witness.] 764. Sight to Lay an Aqueduct. The privDege of conveying water to said premises from a certain spring lying west of said premises, formerly owned by M. N., in an aqueduct to be taken from the spring or foantain, inches below low-water mark [or, one inch lower than any privilege to be hereafter granted, for the convey- ing of water therefrom], such aqueduct to be inch bore. T55. Deed of Water Power, Measured by Capacity of Flume.{g) [As in Form 750 to the*, continuing:] Whereas the said parties, at the time of the sealing and delivery of these presents, are respectively seized in fee of two contiguous pieces of land in , upon the one of which belonging to the party of the first part there is a dam and water-course or flume belonging to him upon the stream. Now THIS iNDENTDBE WITNESSETH, that the party of the first part, in con- sideration of the sum of dollars, to him paid by the party of the second pai-t, the receipt whereof is hereby acknowledged, has granted, bar- gained and sold, and by these presents does grant, bargain and sell to the said party of the second part, his heirs and assigns, all the water of the said stream of water, which may or can be led and conveyed from the side of the said dam, in a race or flume, to be constructed by and at the expense of the party of the second part, feet in width and feet in depth, measuring from the surface of the embankment forming the said dam : To HAVE AND TO HOLD the Said easement [etc., continuing as in other form]. 756. Deed of a Few, By the Proprietors of a Church. Know all men by these presents, that the proprietors of the Church, in , in consideration of dollars, to us paid by Y. Z., of (f) For another mode, measuring by power of mills, see Form 787. 392 ABBOTTS' FORMS. Deeds of Pews. , do hereby grant, bargain, sell and convey unto the said Y. Z., his heirs and assigns, the pew in the church aforesaid, numbered : To havk AHD TO HOLD the Same, with the privileges and appurtenances, to the said T. Z., his heirs and assigns, forever : Aud the said peopkietoes hereby cove- nant with the said Y. Z , his heirs end assigns, that they are the lawful owners of the said pew, and have good right and authority to sell the same as aforesaid : Pbovided, however, that this deed shall not be binding until recorded in the books of said church. In testimony wrebeof, the said proprietors have caused these [Seal] presents to be signed by their treasurer, and their corporate seal to be here'.mto affixed by their treasurer, this day of , 18 , Signed, sealed and delivered ) in presence of \ [Signaturee.l [Signature of witness.l 757. Deed iy the Trustees of a Eeligious Corporation, Conveying a Pew Sulject to Assessments To Be Laid. 'Know all men by these presents, that the trustees of the Society of the town of , in the county of , and State of , in con- sideration of » dollars to us paid by Y. Z., of said town, the receipt whereof is hereby acknowledged, do hereby sell and convey unto the said Y. Z. the pew No. in the church of the said society. To have and to HOED the same unto the said Y. Z., his heirs and assigns [or, where a pew is personal estate, his executors, administrators and assigns], forever ; subject to all liabilities and encumbrances now legally existing, and to such taxes and assessments as may from time to time be laid thereon by said society ; provided, however, that no alteration shall be made in said pew, nor shall the same be sold or transferred, by deed of sale, or mortgage, without the written consent of said society, or of their trustees for the time being ; and further, that if, at any time, there shall be owing from said pew a sum equal to one year's taxes or assessments, this conveyance shall be wholly void, and all the right, title and interest of the said Y. Z., his heirs \or, ex- ecutors, administrators] and assigns, in and to the said pew, shall revert to the said society. In witness wheeeof, we have hereunto set our hands, and the corporate seal of said society, this day of ' , 18 . Signed, sealed and delivered) A. B. ) rr_„.^.„ in presence of \ ^-^V" i^^-^l [Signature of witness^ Jii. J!.; 758. Deed of a Pew by One Individual to Another. Know all men by these presents, that I, A. B., of , in , in consideration Of dollars to me paid by Y. Z., of , do hereby grant, bargain, sell and convey unto the said Y. Z., his heirs and assigns, the pew in the Oh vch at aforesaid, numbered : To have and DEEDS. 393 Land for 'Railroad. to HOLD the same, with the privileges and appurtenances, to the said Y. Z., his heirs and assigns, forevei'. And I, the said A. B., for myself, my heirs, executors and administrators, do hereby covenant and agree with the said T. Z., his heirs and assigns, that I am lawfully seized in fee of the said pew ; that I have good right to convey the same to the said Y. Z., as aforesaid ; that the said pew is free from all encumbrances; and that I, my heirs, executors and administrators, will warrant and defend the same to the said Y. Z., his heirs and assigns, against the lawful demands of all persons ; subject, however, to the rights of the corporation. In witness wheeeof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed, sealed and delivered > A. B. [Seal.] in the presence of J [Signature of mtoes*.] 769. Deed of Land to a Railroad, Company for the Purposes of Their Road. This indenttjse, made this day of , in the year one thousand eight hundred and , hetween A. B. and C. D. his wife, of , in the county of , and State of , of the first part, and the Kailroad Company, of the second part, witnbsseth : That the said parties of the first part, for and in consideration of the sum of dollars to them paid hy the said parties of the second part, the receipt whereof is hereby acknowledged, 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 parties of the second part, and to their successors and assigns forever, all [here insert description of the premises]. Togethke with all and singular the tenements, heredita- ments and appurtenances thereunto helonging, 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(A)], property, possession, claim and demand whatsoever of the said party [or, parties] of the first part,' both in law and in equity, of, in and to the above-granted premises, with the hereditaments and appur- tenances: To have and to hold the above-granted premises, with the appurtenances, and every part thereof, unto the said parties of the second part, their successors and assigns, to their own proper use and behgof for- ever, for the use and purpose of the parties of the second part for track, and a roadway for said railroad, and the proper appendages to such track and roadway, and for no other use or purpose. Provided always — and these presents are upon this express condition — that the said party of the second part shall construct their railroad and put it in operation within the time prescribed by the act incorporating the same \or any other period agreed on]. And it is understood that this conveyance is made for the purpose, and subject to the provisions of the act, entitled an act [etc., referring to the (A) Omit these words, unless a wife joins. 394 ABBOTTS' FORMS. t . — - — ■ Deed in Trust. cTiarter}, and the acts amendatory thereof, the former passed the day of , 18 , and for no other use or purpose whatsoever. In witness wheeeof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written. Signed, sealed and dehvered ) [Signatures and seals.] in presence of J [Signature of witness.] 160. Trust Deed.(i) This inbenttjee, made the day of , in the year one thou- sand eight hundred and , between A. B., of , in the county of , and State of , merchant [and 0. B. his wife], of the first part, and y. Z., of , in the said county, as trustee for , of the second part, WITNESSETH : That the said party [or, parties] of the first part, in con- sideration of the sum of dollars to him [or, them] paid by the said party of the second part, the receipt whereof is hereby acknowledged [or state other consideration, as the ease may le], has [or, have] granted, bar- gained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, con- vey and confirm, unto the said party of the second part, and to his heirs and assigns, forever, all [here insert description]. To HAVE AND TO HOLD all and singular the above granted premises, to- gether with the appurtenances and every part thereof, unto the said party of the second part, his successors and assigns, forever, in fee, upon the trusts, flevertheless, and to and for the uses, interests and purposes herein- after limited, described and declared — that is to say, upon trust to receive the issues, rents and profits of the said premises, and apply the same to the use of M. N., during the term of his natural life, and, after the death of the said M. N"., to convey the same by deed to O. P. in fee. In WITNESS WHEEEOF, the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatures and seals.] in the presence of J [Signature of witness.] •761. Habendum of a Deed in Trust for a Married Woman. To HAVE AND TO HOLD all and singular the above-described premises, with the appurtenances, unto the said party of the second part, his successors and assigns, forever ; In teust for the sole and separate use, benefit and behoof of the said C. B., wife of the said A. B., her heirs and assigns, for- ever, free from the control, disposal, debts and liabilities of her said hus- band ; and to permit her, the said 0. B., to take, collect and receive the rents, issues and profits thereof [or, and to take, collect and receive the rents, issues and profits thereof, and apply the same] to and for her sole (t) For Assignments in Trust, see Assiqnments. DEEDS. 395 Deed in Trust. and separate use; free as aforesaid, with full and absolute power to the said 0. B. of encumbering, alienating or disposing of said premises, or any part thereof, and the rents, issues and profits thereof, as if she were sole, so far as she may by the laws of said State. 762. Deed Conveying in Trust for Support of Grantor's Parents, with Power of Appointment to Them, and a Reservation of Rents for Payment of Encurribrances. This indentuke tripartite, made this day of , in the year one thousand eight hundred and , between A. B., of the city of , mer- chant, party of the first part, and T. Z., drygoods dealer, also of the said city, party of the second part, and 0. B., of said city, wife of B. B., of said city, party of the third part : Wheeeas the undersigned is desirous to make a provision and settlement for the benefit of his father, mother and sisters, by a conveyance in trust of the property hereinafter mentioned, subject, however, to the reservations herein provided, and to the trusts and powers herein contained ; Now this indentdbe witnessbth, that the said party of the first part, for and in consideration of the sum of dollars, to them paid by the said parties of the second part, the receipt whereof is hereby acknowledged, 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 parties of the second part, and to then* successors and assigns forever, all {here inserfdescription of the premises]. Togethee with all and singular the tenements, hereditaments and appur- tenances thereunto belonging, or in any wise appertaining, and the rever- sion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever of the said party of the first part, both in law and in equity, of, in and to the above-granted premises, with the here- ditaments and appurtenances : To havb and to hold all and singular the above-granted premises, together with the appurtenances, and every part, unto the said party of the second part, his heu-s and assigns, forever. []f there is any encum,hranee, add, subject to, etc., specifying it.] It is, how- bvee, to be taken and understood as part of this indenture, and as limiting and controlling the grant hereby made to the party hereto of the second part, that the party hereto of the first part hereby retains and reserves the possession, use, occupation, rents, issues and profits of the premises hereby conveyed, for the purpose of paying, and until the mortgage liens now ex- isting upon the said premises shall be paid off or discharged, such retaining and reservation of the possession, use, occupation, rents, issues and profits not, however, to extend beyond the day of , one thousand eight hundred and , but to terminate sooner if the aforesaid mortgage liens shall be sooner paid off or discharged, or if both B. B. and 0. B., the father and mother of the party hereto of the first part, shall sooner depart this life ; In tkust, nevertheless, subject to the reservation aforesaid, that the 896 ABBOTTS' FORMS. Deed in Trust. said party of the second part, Ms heirs, successors and assigns, shall man- age said property hereby conveyed, and shall apply the net income and profits, after deducting for repairs, taxes, assessments and insurance, which shall, from time to time, he realized from the premises herehy conveyed, to the sole and separate use of the said 0. B., during her natural life, free and discharged from any rights or claims of or against her hushand ; the sepa- rate receipt or settlement of the said 0. B. therefor, to be a full and com- plete discharge of the said party of the second part ; secondly, in trust from the death of the said 0. B., to apply the said net income and profits as they shall from time to time arise, to the sole use of the said B. B., and for the support of himself and family during his life. It is further understood and to be taken as part of this conveyance, that the property and premises hereby conveyed at the death of the said B. and 0. B. shall vest in the children of the said B. B., or in a trustee or trustees for their benefit, in such shares and proportions, and in such estates as the said B. B. shall by a conveyance or last will and testament order and appoint. It being to be further understood and taken as part of this indenture, that the said B. B. shall have the power of ordering and appointing, or distributing among, or in trust for his children, the fee-simple of said property, or less estate therein, either by a conveyance or by a last will and testament, subject to the aforesaid reservation and life interest, and in such shares and propor- tions, and in such manner as he shall therein designate and direct, provided, however, that at least one-fourth part thereof shall be appointed to the use of the party hereto of the first part. It being the intent and meaning hereof to clothe the said B. B. with all the power and authority over three- fourths of said estate or property, in distributing the same among big children, subject to said reservation and life interests, as the party of the first part would have had, bad not this indenture been executed. And it is further understood and to be taken as part of this conveyance, that if the power of appointment and distribution aforesaid shall not be exercised by the said B. B. during his lifetime, that the same may be exercised by the said 0. B., who, upon the death of the said B., without having by a con- veyance or last will and testament exercised the power and authority hereby granted, shall have the same power and authority. And the said party hereto of the second part is hereby authorized and directed to convey the property and premises herein and hereby conveyed in pursuance and upon the terms of the order and appointment of the said B. or 0. B. legally made under the provisions of this indenture. This indknttjee further wit- nesseth, that the said party ot the first part, for and in consideration of the sum of ten dollare to him in hand paid by the said party of the third part, the receipt whereof is hereby acknowledged, and the said party of the third part forever discharged therefrom, hath granted, bargained, sold, assigned, transferred and set over, and by these presents doth, for himself, his heirs and assigns, grant, bargain, sell, assign, transfer and set over unto the said party of the third part, her heirs and assigns, all the estate, premises and property hereinbefore described and intended to be conveyed, if any, which are not legally vested in or conveyed to the said party of the second part, bis heirs and assigns, by virtue of the execution of this indenture, for the DEFEASANCES. 397 Covenant to Account for Collateral Security. nses and purposes hereinbefore mentioned, or which cannot be claimed by the beneficiaries under or through the trusts or persons or the execution thereof herein and hereunder intended to be legally created, authorized and executed, reserving and retaining, however, to the said party of the first part the use, possession, occupation, rents, issues and profits of the said property and premises for the period hereinbefore reserved and retained. In witness wheeeof, the said parties have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered ) [Signatures and seals.] in presence of ) ISignature of witness.] CHAPTEE X5IX. DEFEASANCES. Where a conveyance of property is made in absolute terms, but the grantee gives an instrument to the grantor, which declares that on a specified condi- tion the grant shall be defeated, the latter instrument is termed a defeasance. The general practice is to embody the terms of the defeasance in the grant itself; and th^ is the only safe way, especially in conveyances of real property A separate defeasance is rarely to be resorted to. 763. Defeasance and Covenant to Account, Given on Beceiving an Assign- ment of a Collateral Security. "Wheeeas, a. B., of the city of , is this day indebted to us in the sum of dollars, and has assigned and transferred to us, by an assign- ment in writing, nnder his hand and seal, a certain bond, executed by 0. D., of the city of , and a mortgage upon certain premises situated in said city of , executed by the said 0. D., and M. his wife, which bond and mortgage bear date on the day of , one thousand eight hundred and , and are conditioned for the payment of the sum of dollars, on the day of i 18 > and the interest thereon from the date of said bond and mortgage, at and after the rate of per cent, per annum, and to be paid semi-annually ; which assignment of said bond and mortgage, though absolute in its terms, is intended in fact to be and is received by us as collateral security for the payment of the amount so due to us as aforesaid, and any other sum or sums which may hereafter become due and owing from the said A. B. to us. Now, THEHEFOEB, in Consideration of the premises, we do hereby, for ourselves, our heirs, executors and administrators, covenant and agree to and with the said A. B., his executors, administrators and assigns, that we wiU well and faithfully account to him or them for, and pay over to him or 398 ABBOTTS' FORMS. Disorderly Persons. them, any and all moneys which shall be received or collected by us, our executors, administrators or assigns, upon or from the said bond and mort- gage, or either of them, over and above the amount so due to us from said A. B., and interest thereon from this date ; and that whenever the said amount so due to us, and all interest thereon, shall be folly paid to ns, we will reassign the above-described bond and mortgage to him, his executors, administrators or assigns, provided the said bond and mortgage shall not then have been paid in full or otherwise satisfied or foreclosed. But it is expressly understood that nothing in this agreement is to prevent our prosecuting said bond or foreclosing said mortgage for the purpose of en- forcing the payment of the moneys secured thereby, in case of any default in the payment thereof or in the performance of any of its conditions, ac- cording to the terms thereof. In witness wheeeof, we have hereunto set our hands and seals, this day of , 18 . [Signatures and seals.} CHAPTEE XXX. DISOEDEELY PEESOKS, VAGEANTS, ETC. Bt the statutes of some of the States relating to this subject, an enumeration is made of two classes of offenders -.(a) 1st, vagrants ; 2d, disorderly persons. Under the head of vagrants are embraced : 1st, idle persons, living without employment, and having no visible means of support ; 2d, beggars ; 3d, per- sons wandering abroad, and sleeping in the open air, or other specified places. And disorderly persons are substantially designated as: 1st, those who aban- don their wives and familes ; 2d, prostitutes ; 3d, fortune-tellers ; 4th, mounte- banks ; 5th, common showmen ; 6th, gamblers ; and 7th, keepers of bawdy- houses. PAGH 764. Complaint against offender 899 765. Complaint for keeping disorderly house , 899 766. Warrant to arrest offender 399 757. Examination of the offender 899 768. Eecord of conviction of vagrant, with commitment to poorhonso 400 769. The same ; with commitment to county jail 400 770. Kecognizanoe of a disorderly person 400 771. Eecord of conviction , 401 772. Commitment of vagrant to poprhouse 401 778. The same ; to county jail 401 774. Commitment of disorderly person in default of sureties 402 (a) This is the provision of the Now York Statute. 1 Sev. Stat., 688, 688. Thero lira other local statutes. DISORDEKLT PERSONS, VAGRANTS, ETC. 399 Complaint. Warrant. 764. Complaint Against Offender. County of , ss. A. B., of the town of , in said county, being duly sworn, makes complaint before J. K., one of the justices of the peace for said town, that Y. Z., now in said town,* is an idle person, not having visible means to maintain himself, and living without employment, and that he is, as de- ponent believes, a vagrant \or, state facts showing that he is a disorderly person, and allege that he is sucK], within the meaning and intent of the statute in such case made and provided. [Signature of deponent.] Subscribed and sworn before me, ) this day of , 18 . > [Signature of] Justice. Y65. Complaint for Keeping Disorderly House. [As in preceding form to the*, continuing thus:} Keeps and maintains at No. , in • street, in said town, a certain common, ill-governed and disorderly house ; and in the said house, for his own lucre and gain, unlawfully causes certain evil and ill-disposed persons, as well men as women of evil name and fame, and of dishonest conversation, to frequent and come together, and procures the said men and women to be in the said house at unlawful times, as well in the night as in the day, then and there to remain drinking, tipphng, whoring and misbehaving themselves unlaw- fully. 766. Warrant to Arrest Offender. To any constable of the county of , greeting : Whbekas, a. B., of , in said county, has this day made complaint, on oath, before me, the under-named justice of the peace of said town, that Y. Z. [here set forth the charge in the complaint] : You aeb theeefoeb hereby commanded, in the name of the People of the State of , forth- with to arrest the said Y. Z., and bring him before me, the said justice, at my oflBoe, in , aforesaid, to answer to the said complaint, and to be dealt with in the premises according to law. Given under my hand, this day of , 18 . [Signature of] Justice of the Peace 767. Examination of the Offender. The examination of A. B., a vagrant, taken on oath before me, one of the justices of the peace in and for the of , this day of , A. D. , who saith, that he was bom at [etc., setting forth the statement}. Taken and subscribed ^ [Signature.} before me, this >• day of , 18 . ) [Signature of} Justice of the Peace. 400 ABBOTTS' FORMS. Conviction of Vagrants, etc. 768. Record of Conviction of Vagrant, With Commitment to PoorTwuse. OOTTNTT OF , S«. Be it ebmembeeed, that T. Z. was this day brought before me, the under- signed, a justice of the peace for the town of , in said county, at my office in said town, upon the charge [of A. B., made under oath], that he was in the said town, aa idle person, not having visible means to maintain himself, and living without employment \or otherwise, as the case may have heeri], and a vagrant within the intent and meaning of the statute in such case made and provided ; and I being satisfied, after due and personal ex- amination of said Y. Z., and upon his confession [or, upon competent testimony] now before me given, that said charge is true, the said Y. Z. is therefore duly convicted before me of being a vagrant [or otherwise], vrithin the true inteht and meaning of the statute;* and it appearing to me that he is not a notorious offender, and is a proper object for relief, I adjudge and determine that he be committed to the county poorhouse of said county [or, the almshouse — or, poorhouse — of the said town] for the term ot [specify time not exceeding six months], there to be kept at hard labor. Given under my hand and seal, this day of , 18 . [Signature, title and seal of jtittiee.] 769. The Same; With Commitment to County Jail. [As in preceding form to the *, concluding thus .•] And it appearing to me that said Y. Z. is an improper person to be sent to the poorhouse, I do therefore adjudge and determine that he be committed to the bridewell or house of correction of said [or if there he none, say, to the common jail of said county], for the term of [specify a time not exceeding sixty] days [and to be kept for the first days of said term on bread and water only]. GrvEif [etc., aa in preceding form]. 770. Beeognizanee of a Disorderly Person, County op , «». We, Y. Z., E. F. and G. H., of , in said county, acknowledge our- selves indebted to the People of the State of ; that is to say, the said Y. Z. in the sum of dollars, and the said E. F. and G. H., each in the sum of dollars, to be respectively made and levied of our several goods and chattels, lands and tenements, to the use of the said People, if default shall be made in the condition following : The ooNniTioN of the above recognizance is such, that whereas the said Y. Z., has this day been convicted before , a justice of the peace for said , of being a disorderly person ; now if the said Y. Z. shaD be and continue of good behavior towards the People of the State of , for DISORDERLY PERSON'S, VAGRANTS, ETC. 401 Conviction. Commitment. the space of one year from and after this day, then this recognizance to be void ; otherwise, of full force. Taken, approved, subscribed ) [Signatures and seals.] and acknowledged before me, >• this day, of ,18 . ) [Signature of] Justice of the Peace. 771. Record of Conviction of Disorderly Person. [Recite charge, examination and conviction — see Form 768 — and conclude :] And inasmuch as the said Y. Z., now before me, has made default in finding sureties for his good behavior, as by me required — that is to say, two sufficient sureties, to be recognized with said Y. Z., each in the sum of dollars, and the said Y. Z. in the sum of dollars : I do therefore, in pursuance of the statute in such case made and provided, make this my record of the conviction of the said Y. Z., of the offence aforesaid. GiVBN [etc., as in Form 768]. 772. Commitment of Vagrant to Poorliouse. To any constable of the county of , greeting : Wheebas, Y. Z. [was charged before me, upon the oath of A. B., with being a vagrant, and], upon an examination before me, was this day duly convicted of being a vagrant,(5) and* it appearing to me that be is not a notorious offender and is a proper subject of relief, I did adjudge that he be committed as hereinafter directed : Now, THEEEFOEB, you are commanded, in the name of the People of the State of , to convey the said Y. Z. to the county poorhouse of said county [or, almshouse, or, poorhouse, of said town], the keeper whereof is required to keep the said Y. Z. therein at hard labor for the term of days. Given [etc., as in Form 768]. 773. The Same; To County Jail. [As in the preceding form to the *, continuing thus:] it appearing to me that he is an improper person to be sent to the poorhouse, I did adjudge that he be committed as hereinafter directed. Now, THEEEFOEE, you are commanded, in the name of the People of the State of . , to convey the said Y. Z. to the common jaU of said county, the keeper whereof is required to detain the said Y. Z. in safe custody therein for the term of days [and to keep him for the first days of said term on bread and water only]. Given [etc., as in Form 768]. (5) It is the better opinion, that the which it is characterized by the statute, commitnient need not set forth the par- Case of the Twelve Commitments, W ticulars of the offence; it is enough to Abbotts' Pr., 894; Gray's Case, 11 lb., describe it in the general designation with 56 ; S. C, 4 Park. Or., 616. 26 402 ABBOTTS' FORMS. Dower. 774. Commitment of Disorderly Person in Default of Sureties. To any constable of the county of , greeting: Whehbas, T. Z. [was charged before me, upon the oath of A. B., with being a disorderly person, and], upon an examination before me, was this day duly convicted of being a disorderly person, (c) and upon such convic- tion the said Y. Z. was by me required to find two sufficient sureties to be recognized with said Y. Z., the sureties each in the sum of dollars, and the said Y. Z. in the sum of dollars, for his good behavior for the space of one year from the time of his conviction as aforesaid ; and inas- much as said Y. Z. has made default in finding such sureties : Now, THEEEFOEB, you are commanded, in the name of the People of the State of , forthwith to convey the said Y. Z. to the common jail of said county, the keeper whereof is required to detain him in custody in said jail for the term of , or until he shall find such Bureties,((^ or shall be thence discharged according to law. Given {etc., as in Form 768]. CHAPTEE XXXI. DOWER. m this chapter are presented the necessary forms for proceeding to compel an admeasurement of dower. If the heirs or other owners of the fee can agree with the widow upon her allotment, they may convey it to her by a deed, for which see the chapter of Deeds. If they do not take this course, either party may apply to the court for an admeasurement. This proceeding does not, however, determine the question' of her right to dower ; but only what is a fair third of the lands in which she claims it.(a) PA015 775. Petition by widow, for the admensiirement of dower 403 776. Verification of foregoing petition ■ 403 777. Notice by heirs requiring widow to demand dower 403 778. Petition by heir or owner for the admeasurement of dower 403 779. Notice of application for dower, to be served with copy petition 404 780. Petition for appointment of guardian 404 781. Order appointing gnardian 404 782. Order for admeasurement of dower 405 783. Oath of commissioners 405 784. Report of commissioners 405 (c) See preceding note. (a) Under the New York Code of Pro- {d) As to the requisite of the commit- cedure, the admeasurement may be had ment in this respect, see the Case of the in a civil action. Townsend ». Townsend, Twelve Commitments, 19 AbbotW Fr., 2 Sand/., 711. 894. DOWER. 403 Proceedings for Admeasurement. 775. Petition hy Widow, for the Admeasurement of Dower. To the Court of [or, to the surrogate of the county of ] : The petition of , of the town of , in the county of , respectfully shows : * I. That she is the widow of 0. B., late of said town, deceased, who died on the day of , 18 . II. That the said 0. B., at the time of his death, and previous thereto, was seized in fee [or describe other inheritance] of and in certain lands and tenements bounded and described as follows [here insert description]. III. That the said 0. B. left him surviving 0. B., jr., D. B. and G. B., his children and heirs at law, of whom the first named is of full age, and the others are minors of the age of fourteen years and upwards [state also ichether the minors have any guardian, and if they hone, who he is], all of which said heirs at law are the owners of the said lands, subject to the dower-right of your petitioner. Whbhbfoee, your petitioner prays that the dower of your petitioner in the said lands may be admeasured pursuant to the statute. • [Date.] [Signature.] 776. Verification of Foregoing Petition. County of A. B. being sworn, says that she has read-the foregoing petition by her Bubsoribed, and knows the contents thereof, and that the same is true, ex- cept as to the matters therein stated on information and belief, and as to those matters she believes it to be true. SwoEN before me, this day ) [Signature.] of , 18 . f • [Signature and title of officer.] 777. Notice liy Heirs Requiring Widow to Demand Dower. To A. B., widow of 0. B., late of the town of , deceased : Take notice, that you are required, within ninety days after the service of this notice, to make demand of your dower in the lands below described, which were owned by the said C. B. previous to and at the time of his death. The said Jands are as follows : [here insert description.] [Date.] [Signature.] 778. Petition ly Heir or Owner for the Admeasurement of Dower. [As in Form 775 to the *, continuing thus :] I. That your petitioner is one of the' heirs at law of 0. B., deceased, late of , who died on the day of j 18 j leaving your petitioner and his only heirs, and A. B. his widow surviving him. II That during his lifetime and the coverture of said A. B., C, B. was 404 ABBOTTS' F0EM8. Dower. seized in fee [or designate other estate of inheritance] in lands situated in County, whioli ai'e bounded and described as follows [description], In whicb said A. B. claims dower. ni. That all the said heirs are of full age [or state who are minors, and whether they have a guardian^ naming Mm], IV. That the said A. B. has not demanded her dower therein, although one year after her husband's death has elapsed [or, although on the day of 7 18 , your petitioner gave to said A. B. notice in writing, pur- suant to the statute, requiring her to demand her dower inlaid lands]. Wherefore, your petitioner prays for the admeasurement of her dower, pursuant to the statute. [8ignatv/re and verification, as ahove.] 779. Notice of Application for Bower, To Be Served With Copy Petition.Qi) To [naming owners], and to all other persons claiming an interest in the lands set forth in the within petition [or, if the application ie iy the owners, say: To A. B., widow of C. B., deceased] : Take notice, that a petition, of which a copy is annexed, will be presented to the Supreme [or, County] Court [or, to the surrogate] in County, at the nextterm thereof, to beheld at , on the day of [Bate.] ■ [Signature.] 780. Petition for Appointment of Gua/rdian. To the Supreme Court [or. County Court of County ; or, to the surro- gate of County] : The petition of G. B. respectfully shows, that he is an infant of the age of years ; that A. B., widow of C. B., has served on your petitioner her notice of application for the admeasurement of her dower in the lands of which the said 0. B. died seized ; that your petitioner bas no general or special guardian ; and he therefore prays that some suitable person may be appointed the special guardian of your petitioner, to take charge of his in- terest in the premises. [Signature and verification, as ahove.] 781. Order Appointing Guardian. At a special term of the Supreme Court of the State of New York [or, at a term of the County Court of County, or, in the Surrogate's Court of the County of ], held at the City Hall in the city of [Bate, and name and title of judge]. In the Matter of the - Application of 0. B. for Admeasurement of Dower. (J) The notice must be in writing. Matter of Cooper, 15 John»., 532. DOWER. 405 Admeasurement. On reading and filing petition of G. B., dated the day of , * and on motion of , for said petitioner : Oedeeed, that , a freeholder of said county, be, and he hereby is, appointed guardian of the said G. R for the sole purpose of appearing for and taking care of the interest of said infant in the proceedings. [Signature of judge or clerk] 782. Order for Admeasurement of Dower. [As in preceding form to the'', continuing thus:} with proof of service of a copy of the same on all parties interested in the premises described therein [or, on the widow therein named], together with proof of service of notice of this motion ; on motion of , for the said [petitioner], and after hearing [or, no one appearing] for : Oedeeed, that admeasurement be made of the dower of the said A. B., in the lands of her husband, the said 0. B., deceased, described in said petition, as follows : [here insert description] ; and it is further ordered, that Q. R., S. T. and U. v., of the town of , in the county of , three reputable and disinterested freeholders, be and they are hereby appointed commis- sioners for the purpose of making such admeasurement, and that they report their proceedings herein to this court [on the day of , 18 ].( 18 , the sum of dollars as his reason- able charges for keeping the same from the day of , 18 , to the day of , 18. ; and that my fees in this matter amount to dollai's. [Signature of] Fence- Viewer. [Date.] 788. Notice of Sale of Animals Straying on the Highway. To whom it may concern : Take notice, that on the day of ,18 [here describe the animal], was seized and taken by A. B., being found by him running at large in the public highway, opposite to land owned [or, occupied] by him in the town of , and county of , and State of , con- trary to the provisions of the "Act to prevent animals running at large in the public highways," passed April 23, 1862 ; and due notice of such seizure , having been given by him to the subscriber, a justice of the peace [or, a commissioner of highways] of said town, and in accordance with said act, notice is hereby given, that said animal will be sold by public auction, to the highest bidder, at , in said town, on the day of , 18 , at o'clock in the noon. [Date.] [Signature and title.] *08 ABBOTTS' FORMS. Excise. CHAPTEE XXXiy. EXCISE. The forms here given are those which are in use under the Excise Laws of New York. The forms necessary in obtaining licenses under the provisions of the Internal Revenue Laws of the United States, may he had on application to the Assessors of Internal Revenue. PAGB 789. Storekeeper's application for a license 40S 790. Certinoate to character 408 791. Storekeeper's bond 408 792. Justification of sureties 409 793. Acknowledgment 409 794. Storekeeper's license 409 795. Innkeeper's petition 410 796. Proof of signatures 410 797. Innkeeper's bond 410 798. Innkeeper's license 411 789. Storekeeper's Applicaton J'or a License. To the Board of Commissioners of Excise, of the [city and] county of The undersigned, being a resident of the [city and] county of , and a storekeeper doing business at No. in street, in said city, applies for a license to sell strong and spirituous liquors and wines, in quantities less than five gallons, but not to be drank in the house or shop, or in any outhouse, yard or garden appertaining thereto, or connected therewith, in the said house above named, [Sigvature.'] [Date.] 790. Certificate to Character. I AM acquainted witii the above-named applicant, and believe him to be a person of good moral character. [Signature.] 791. Storeheeper^s Bond. Know ai.l men by these presents, that we [naming applicant and sureties, with their additions], are held and firmly bound unto the People of the State of New York, each in the sum of five hundred dollars, for the uses, intents and purposes declared and appointed by the 12th Section of an Act of the Legislature of the State of New York, entitled " An Act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed the 16th day of April, 1857, for which payment well and truly to be made, we do bind ourselves, jointly and severally, firmly by these presents. Sealed EXCISE. 409 Bonds. . Licenses. with oar seals, and dated the day of , one thousand eight hundied and The condition of the above obligation is such, that if the said [naming applicant] will not, during the term for which his license shall be granted, sell or suffer to be sold, any strong or spirituous liquors or wines, to be drank in his shop or house, or in any outhouse, yard or garden appertain- ing thereto, and that he will not suffer any such liquor, sold by virtue of such license, to be di-ani in his shop or house, or in any outhouse, yard or garden belonging thereto, then the above obligation to be void; otherwise, to remain in full force and virtue. Sealed and delivered ) [Signatures and seals.] in the presence of, > [Signature of witness.] 792. Justification of Sureties. State of Nbw Toek, } City and County of New York, f M. ST., one of the subscribers to the foregoing' bond, being sworn, says, that he is a resident and householder [or, freeholder] within this State, and is worth the sum specified by him in the foregoing bond, over all his debts and liabilities, and exclusive of property exempt by law from execution. Sworn before me, this) [Signature.] day of , 18 . i [Signature of officer.] 793. Achrwwledgment, State of Kew Yoek, ) r S8 City and County of New York, ) I oEETiFT, that on this day of i 18 , before me personally appeared the above-named [naming obligors] known to me to be the individ- uals described in, and who executed the foregoing bond, and severally acknowledged that they executed the same for the uses and purposes therein mentioned. [Signature of officer.] 794. StoreJseeper's License. Excise Lioense, 186. The Commissionees of Excise, for the [city and] county of , whose names are hereunto subscribed, having examined the application of A. B., of No. in street, in said , and it satisfactorily appearing, by the said application, that he is of good moral character, do hereby grant to him a hcense to sell strong and spirituous liquors and wines, in quantities less than five gallons, but not to be drank in his shop, house, outhouse, yard or garden, on the premises above mentioned, according to the act of the Legislature of the State of New York, passed 16th April, 1857, entitled an "Act to suppress intemperance, and to regulate the sale of intoxicating 410 ABBOTTS' FORMS. Innkeepers' Licenses. liquors," trom the date hereof until this license shall expire by operation of law, or be revoked for a violation of the provisions of the aforesaid act. I^" The application for a new license must be made immediately after the third. Tuesday of May next. In testzmony whereof, we have subscribed our names, on this day of , 18 . [Signaturea.l (Storekeeper's license ; Bond, No. .) 795. Innkeeper'a Petition. To the Board of Commissioners of Excise in the [city and county] of The undersigned petitioners, each for himself, declares that he is a free holder of the State of New York, and a resident of the election district in the city of , wherein [here name applicant], of No. street, the applicant, proposes to keep an inn, tavern or hotel ; and that the said applicant is of good moral character; that he has sufficient ability to keep an inn, tavern or hotel, and the necessary accommodations to entertain travellers, and that an inn, tavern or.hotel is required for the actual accom- modation of travellers at the place where the said applicant resides or pro- poses to keep the same. And these petitioners declare, each for himself, that he has not signed a petition for any other applicant for a license under this law. Tour petitioners, therefore, pray that a license be granted to the said applicant to sell strong and spirituous liquors and wines, to be drank in his house, and on the premises of the said applicant, under the act of the Legis- lature of the State of New York, passed April 16, 1857, entitled, "An Act to suppress intemperance, and to regulate the sale of intoxicating liquors." [Date.] [Signatures of petitioners.'] Signed in presence of [Signature of loitness.] 796. Proqf of Signatures. County of , ss. M. N. being duly sworn, says that he resides at No. in street, in ; that he is the subscribing witness to the above petition, and that the same was duly signed by the above petitioners. Sworn [etc., as in Form 792]. [Signature of witness.] 797. Innheeper's Bond. K.N0W ATX MEN by these presents, that we [naming applicant and sure- ties, with their additions], are held and firmly bound unto the People of the State of New York, each in the sura of two hundred and fifty dollars, for the uses, intents and purposes declared and appointed by the 7th section of an act of the Legislature of the State of New York, entitled, "An Act to suppress intemperance, and to regulate the sale of intoxicating liquors," passed the 16th day of April, 1857, for which payment, well and truly to be EXCISE. 411 Innkeepers' Licenses. made, we do bind ourselves, jointly and severally, firmly by these pres- ents. Sealed with our seals, and dated the day of , one thousand eight hundred and The ooNDrrioN of the above obligation is such, that if the said [naming appUcanf] will not, during the time that he shall keep an inn, tavern or hotel, at No. in street, in the city of , suffer the said hin, tavern or hotel to be disorderly, or suffer any gambling, or keep a gambling-table of any description within the inn, tavern or hotel so kept by him, or in any outhouse, yard or garden belonging thereto, then the above obligation to be void ; otherwise, to remain in full force and virtue. Sealed and delivered in \ [Signatures and seals.} the presence of j [Signature of witness.] [Justification a/nd aeJcnowledgment, as in Forms 792 and 793.] 798. InnJceeper^s License. EXCISE LIOBNSE, 186. The OoMMissiONEES OP Excise for the [city and] county of , whose names are hereunto subscribed, having examined the petition of A. B., of No. in street, in said , and it satisfactorily appear- ing by the said petition that he is of good moral character ; that he has snflBcient ability to keep an inn, tavern or hotel, and the necessary accom- modations to entertain travellers, and that an inn, tavern or hotel is re- quired for the actual accommodation of travellers at the place where he proposes to keep the same, do hereby grant a license to sell strong and spirituous liquors and wines, to be drank in his house and on his premises above mentioned, according to the act of the Legislature of the State of New York, passed 16th April, 1857, entitled, "An Act to suppress intem- perance, and to regulate the sale of intoxicating liquors," from the date hereof until this license shall expire by operation of law, or be revoked for a violation of the provisions of the aforesaid act. ||p^~ The application for a new license must be made immediately after the third Tuesday of May next. In testimony whbebof, we have subscribed our names, on this day of , 18 . [Signatures.1 (Innkeeper's license. Bond, No. .) A12 ABBOTTS' FORMS. Extradition of Criminals. GHAPTEE XXXV. EXTEADITION. The Constitution of ths United States proyides that a person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, he delivered up, to be removed to the State having juris diction of the crime.(a) The mode of proceeding to effect this surrender is reguJated by the law of the State in which it is sought to arrest the offender and have him delivered up. In respect to fugitives from foreign countries, the law of nations requires that persons charged with felony or other high crimes, and escaping into for- eign and friendly jurisdictions, should be delivered up upon suflBdent evidence of their guilt (6) This right is in some cases declared and extended by treaty stipulations — e. g., the treaties of the United States with Great Britain and with France, re- spectively. But in either case the proceeding is a judicial one, to be effectualed through the tribunals of justice, and is not to be carried out by the executive authority upon the mere provision of the treaty, unless power be given to that depart- ment by law.(e) The act of 1848 was passed to provide for the due execution of the extradi tion treaties with Great Britain and France.(d!) By its provisions, the judges of the Supreme Court and those of the District Courts of the United States, and judges of the several State courts, and also commissioners appointed for the purpose by any of the courts of the United States, are severally vested with power and j urisdiction to act, on complaint made under oath, charging a person with having committed any of the crimes enumerated within the foreign j urisdiction ; and to issue a warrant for the ap- prehension of the person charged, so that he may be brought before such judge or commissioner, to the end that the evidence of criminality may be heard and considered ; and if it be deemed sufficient to sustain the charge under the pro- visions of the treaty, then it is made the duty of the judge or commissioner to certify the fact of sufficiency, together with a copy of alt the testimony taken before him, to the secretary of state, so that a warrant may issue by the execu- tive, on the reqxusitiou of the foreign government, through its proper author- ities, for the surrender of the fugitives. And the person charged is to be com- mitted to jail, and there remain under the warrant of the judge or commis- sioner untU the surrender shall be made.fe) PAOB 799. Affidavit to arrest fugitive from another State 413 800. Warrant by the governor, for surrender 418 801. Commitment by United States commissioner, under extradition treaty 414 602. Warrant by secretary of state, for extradition 414 (a) Const., art. 4, see. 2, parag. 2. Matter of Metzger, & N. T. Leg. Obi., \b) Matter of Wasliburn, 4 Johns. Ch., 83. 106; Matter of Clark, 9" Wend., 212. {d) 9 Stat, at L., 802. (e) Matter of Metzger, 1 JBarb., 248 ; («) See in re Kaine, 14 Houi. S. Ct., 108, EXTRADITION". 413 Qovernor'3 Warrant. 799. Affidavit to Arrest Fugitive from Another State. OOUNTT OF , ss. A. B., of , being duly sworn, says : I. That T. Z. is a fugitive from justice from the State of , where he stands charged on oath with felony, committed in that State(/) — viz. ]liere set forth the crime, and if there is any doubt about its being a felony or other crime at common law, add : which said acts are by the law of the said State of a felony ; or, a crime]. n. That said chaise was made on or about the day of by \here state how made], before the [here designate court or magistrate; and if con- venient annex a copy of the charge, and say here : a copy of which is hereto annexed]. III. That the said Y. Z. has fled from the said State last aforesaid, and has taken refuge in this State of , from the laws and justice of the State of AsD DEPONENT PRA.TS that the said T. Z. may be arrested and held in custody by the proper authorities of this State of until the proper authorities of the said State of shall have suflSoient time to require, in manner and form as the law directs, the body of said Y. Z. from the ex- ecutive and authorities of the State of , and until the said executive of said last above-named State shall make his warrant for the surrender of the body of said Y. Z., to the end that he may be taken to the State of and dealt with as law and justice shall require. Sworn before me, this day ) [Signature of deponent] of , 18 . f [Signature and title of officer.] 800. Warrant by the Oovemor, for Surrender. A. B., GOVEENOE of the State of , to the sheriff of the city and county of , and the sheriffs, constables and other peaoe-oflBcers of the several coimties in the said State : Wheeeas it has been represented to me by the governor of the State of that Y. Z., late of , in the said State, has been guilty of frauds [here designate the crime — e. g., thus :] in abstracting from the Bank, in that State, money, notes and bank-bills, while president of said bank, in a fraudulent manner, which said acts are made criminal by the laws of that State ; and that he has fled from justice in that State, and has taken refuge in the State of ; and that said governor of has, in pursuance ol the laws and constitution of the United States, demanded of me that I should cause the said Y. Z. to be arrested and delivered into the custody of , sheriff of the county of , in said State, who is duly author- ized to receive him into his custody, and to convey him back to the said {f) The affidavit .should allege that the felony was committed in the State referred to. Matter of Heyward, 1 Srnidf., 701. 414 ABBOTTS' POEMS. Extradition of Foreign Criminals. State of ; and whereas the said representation and demand is accom- panied by an aflSdavit taken before a justice of the peace of the said State of , whereby the said Y. Z. is charged with the said crime, which affi- davit is certified by the said governor of to be duly authenticated : Yoir AEK THBEEFOES EEQTjiBED to arrest the said T. Z. wherever he may be found within the State, and to deliver him into the custody of the said , to be taken back to the said State from which he fled, pursuant to the said requisition. Given under my hand and the privy seal of the State, at the city [Seal.] of , this day of , in the year one thousand eight hundred and . ISigniture of governor.] 801. Commitment by United States Commiissioner, Under Extradition Treaty. United States of America, District of ,ss. In the Matter of This case having been heard before me, on requisition, through A. B., esquire, consul for at the port of , that the said Y. Z. be com- mitted for the purpose of being delivered up, as a fugitive from justice, pur- suant to th'C provisions of the treaty made between the United States and Great Britain, August 9, 1842, I find and adjudge that the evidence pro- duced against the said Y. Z. is sufficient in law to justify his commitment on the charge of , had the crime been committed within the United States. Whehepoeb, I order that the said Y. Z. be committed pursuai^t to the provisions of the said treaty, to abide the order of the President of the United States in the premises. Given under my hand and seal, at , this day of , 18 . [Sign'ature, title arid seal.] 802. Warrant hy Secretary of State, for Extradition, Department of State, Washington, ,18 .To all to whom these presents shall come, greeting: "Whereas \}ier6 insert name and title of applicant] has made requisition, in conformity with the 10th article of the treaty between the United States and Great Britain, for the mutual surrender of fagitive criminals, concluded at Washington, the 9th day of August, 1842, for the delivery up to justice of Y. Z., charged with the crime of [designate it], committed in And whereas the said Y. has been found in the State of , within the jurisdiction of the United States, and has, by proper affidavit, and in due form, been brought before M. K, a commissioner duly appointed by the United States Circuit Court for the district of , in the circuit, for examination of said charge of . And whereas the said commis- sioner has deemed the evidence sufficient to authorize the commitment of said Y. Z., and has accordingly committed him, all of which appears by a copy of the proceedings transmitted to this department : Now these peeb- KNTS are to require of the United States marshal for the district of , or of any other public officer or person having charge or custody of said Y. Z., to surrender and deliver him up to , consul for at the FENCES AND FENCE- VIE WEES. 415 Decision as to Division Fence. port of , or to any other person or persons duly authorized to receive said fugitive, and conduct him to for trial. In testimony wnEEEOF, I have hereunto signed my name, and [Seal.] caused the seal of this department to be aflSxed, at Washing- ton, this day of > 18 , and of the independence of the United States the . [Signature.] CHAPTER XXXVI. FENCES AND FENCE- VIE WEES. The statutes of several of the States give a summary mode of determining controversies arising out of the necessity for division fences or walls between the adjoining lands of different owners. Certain local officers — in the State of New York for instance, the assessors and commissioners of highways in each town, who are designated, when acting in tliis function, as " fence-viewers" — are empowered to decide as to the sharing of the expenses of fences, and damages from neglect to repair them. For the details of the powers of these officers the statutes of the State must be consulted. The same officers are also, in some cases, authorized to determine questions of damage done by cattle, etc. 303. Decision offence-viewers as to value of fenoe, and portion to bo maintained by an owner who lias previously let his lands lie open 415 804. Decision as to proportion of division fence to be maintained 416 8U5. Appraisement of damage where one owner has neglected to keep his fence in repair... 416 806. Notice of wish to remove portion of division fence 416 807. Permit by fence- viewers 41 6 805. Appraisement of damage by cattle 417 809. Certificate that sheep were killed by dogs 417 803. Decision of Fence-Viewers as to Value of Fence, and Portion to he Maintained iy an Owner who Previously has Let his Lands Lie Open. Whbebas, a. B. and T. Z. are the owners of certain adjoining lands in the town of , and the said A. B., on or about the day of , 18 , erected a division fence between the land belonging to him and that of the said Y. Z., who allowed his own lands to lie open ; and whereas the said Y. Z. has recently inclosed the land belonging to him, and a disagree- ment has arisen between them as to the jnst proportion of the value of the said division fence to be paid for by the said Y. Z. ; We, having made due inquiry into the facts and circumstances, and examined the premises, find that the following is a correct description of the fence built by the said A. B., as aforesaid [here describe the fence] ; that the value of the fence, at the time of erecting the same, was dollars ; and that the just pr ipor- tion of said valve to be paid by the said Y. Z. to the said A, B., is 416 ABBOTTS' FORMS. Decision of Fence- Viewers. dollars [or, that the proportion of the division fence which should be built by said T. Z. is as follows [describing it] ; and we certify that the fees for our services amount to dollars. GiTEN under our hands, at , this day of , 18 . [Signatures and titles.] 804. Decision as to Proportion of Division Fence to he Maintained. Whebbas, a. B. and T. Z. are the owners of certain adjoining lands in the town of , and a disagreement haa arisen between them as to the just proportions of a division fence to be built or maintained by them respect- ively ; Wb, having examined the facts and viewed the premises, decide that said division fence should be built as follows [here describe the fence] ; that one part of said fence is the proper proportion thereof to be built by the said A. B. ; and that the remaining part is the proper proportion thereof to be built by the said T. Z. ; and we certify that the fees for our services amount to dollars. GrvEN [etc., as in the preceding form]. 805. Appraisement of Damage where One Owner has Reglected to Keep his Fence in Repair. "Wheeeas application has been made to the undersigned by A. B., the owner of land adjoining the land of T. Z., in the town of , to ascertain and appraise his damages arising in consequence of the refusal [pr, neglect] of the said T. Z. to keep in repair [or, to build] his proportion of a division fence between the aforesaid lands, we have examined the facts and viewed the premises, and after due notice to said Y. Z., we do decide and determine that the said A. B. has sustained damage to his land, crops, fruit-trees and shrubbery, in consequence of the refusal [or, neglect] of the said Y. Z. to maintain [or, make] his proportion of such division fence, as aforesaid, which said damages we have ascertained, and appraise at dollars ; and we certify that the fees for our services amount to dollars. GiTBN [etc., as in Form 803]. 806. Notice of wish to Remove Proportion of Division Fence and Let Land Lie Open. Please take notice, that I shall apply to and , two of the fence-viewers of the town of , on the day of instant, for permission to remove the division fence between the land occupied by yoa in said town and that owned and occupied by me, lying adjacent thereto. [Date.] [Signature.] [Address.] 807. Permit by Fence- Viewers. We, the undersigned, two of the fence-viewers of the town of , hereby certify, that upon the application of A. B., made in accordance with FEREIBS. 417 Fence-Viewers Apprnisal. a notice, of which the above is a copy, duly served upon Y. Z,, therein mentioned, more than ten days before this day, we have examined the premises where the division fence named in said notice is situate, and do determine that the same may, with propriety, be removed. Given [etc., as in Form 803]. 808. Appraisement of Damage hy Cattle. Wb, the undersigned, two of the fence-viewers of the town of • , hereby certify, that upon the application of A. B., we have examined into the damages done by \give the number and description of cattle as near as may Je], distrained by Mm doing damage on his lands, and having viewed the premises and ascertained the damages, do hereby certify the amount of Buoh damages to be dollars; and that the fees for our services are dollars. And a disagreement having arisen between the said A. B. and T. Z., the owner of the adjoining land, touching the sufficiency of the fence along {designate ii], we having examined the same, and heard the allegations and proofs of the parties, certify that we consider the said fence sufficient \or, insufficient]. Given \etc., as in Form 803]. 809. Certificate that Sheep were. Killed hy Dqga. We, the undersigned, two of the fence- viewers of the town of hereby certify, that upon the application of A. B., the owner of sheep [or, lambs], alleged to be killed by dogs, we proceeded to inquire into the mat- ter, and to view the sheep [or, lambs] killed, and examined witnesses in relation thereto ; and that we £nd that sheep [or, lambs], belonging to the said A. B., were killed by dogs, and in no other manner; and we also certify, that the amount of damages sustained by the said A. B., in consequence of the kiUing of said sheep [or, lambs], as aforesaid, is dollars ; and that the value of said sheep [or, lambs] is dollars ; and that the fees for our services are "dollars. GrvEN [etc., as in Form 803]. CHAPTEE XXXVII. FEEEIES. In the State of New York the establishment of femes is, with gome local exceptions, regulated by the County Courts. Applications for licenses are to be made as in the following forms. If the applicant for the license is not the owner of the land, he must give the owner notice (Form 811), ?.t least eight days before the session of the court, of his intention to apply. 27 *18 ABBOTTS' FORMS. Licensing Ferries. PAOS 810. Application for a ferry license 418 811. Notice to owner of lands, of application 418 812. Affidavit of service ., 418 813. Kccognizance 419 <514. License for a ferry 419 810. Application for a Ferry License. To the County Court of county. The petition of A. B. respectfully shows : I. That he is a resident of the town of , in said county, and that a ferry ought to he established, for the accommodation and convenience of tlie public, across the River, at the place where the public highway crosses the land of the petitioner [or, of C. D.] upon the bank of said river. llf'the application be made by some person other than the owner of the land, add:'\ 11. That the said 0. D., the owner of the land through which the highway runs, as aforesaid, has neglected to apply for such license, although due service of the notice required by. law has been made upon' him, as appears by a copy of said notice and the affidavit of service, which are hereunto annexed. III. Whekefoee, the undersigned hereby applies to the court to grant him a license to establish such ferry, on his compliance with the provisions of the statute in such case made and provided. [DateJ] [Signature.'] 811. Notice to Owner of Lands of Application for a Ferry Licence. Sm — Please take notice, that the undersigned will apply to the County Court of the county at the next term thereof, to be held at the court- house in the city of , on the day of i 18 , for a license to keep a ferry across the , from the to the termination of the high- way running through your land [giving a particular description of the location]. [Signature.] [Date.] [Address.] 812. Affidavit of Service. CJOTTKTT OP ) ' M. N., of , being duly sworn, says, that on the day of , instant [or, last], he personally served on 0. D. within named a notice, of which the above [or, annexed] is a copy, by delivering the same to him personally, and leaving the same with him. [Signature of deponent.] Sworn to before me, this day of , 18 . [Signature and title of officer.] FERRIES. 419 Booognizance. Lioonse. 813. Eecognisanee on Applying for Ferry License, State of , ) County of .) ' Be it esmkmbkred, that I, A. B., of the town of , in said county, do acknowledge myself herehy indebted to the People of the State of New York in the just and full sum of one hundred dollars, to be well and truly paid to the said People, if default shall be made in the condition following: Whereas, I, the said A. B., have this day applied to the County Court of said county for a license to keep a ferry upon the River, in the town of , in said county : Now the condition of this recognizance is such, that if I, the said A. B., shall faithfully attend and keep the said ferry, pro- vided a license be granted for that purpose as aforesaid, with such and so many snflScient and safe boats, and a sufficient number of men to work the same, together with sufficient implements for said ferry, as shall be deemed necessary during the several hours in each day, and at such rates as this court shall direct, then this recognizance to be void ; otherwise, to remain in fuU force. [Signature of applicant.'] Subscribed and acknowledged j in open court, this day> of , 18 , before me. J [Signature of] Clerk. 814. Licence for a Ferry. (fl) At a County Court held in the courthouse in the city of , in and for the county of , the day of , 18 . Present [naming hini], county judge. Wheeeas, a. B., of the town of , in said county, has appplied therefore [upon due notice] license is hereby granted to the said A. B. to keep a ferry across the river , at , in the town of , [here describe the place particularly]., for the term of years from this date. And the said A. B. is allowed to collect and receive ferriage for the trans- portation of travellers, property and effects, over aiid across the said ferry, at and after the following rates, but he shall not take or demand any greater sum or sums for such transportation — viz. [state the rates], [Signature of] Clerk. (a) This is to be entered on the minntcs by the clerk, is to be delivered to the of the court. A certified copy, attested licensee. 420 ABBOTTS' FORMS. Foreclosure by Advertisement. CHAP'fEE XXXYin. FCiEECLOStrBE. . Mortgages of real property are commonly foreclosed by a suit brought for the purpose, ill which all persons hating an interest subject to the mortgage are made parties. But if a mortgage C()ntains a power of sale, which is'uBually the case, the holder' may foreclose the mortgage by selling the property under the power of sale, by auction, on due notice to all partitas interested. This is a common and convenient mode in simple cases where the parties are few in number. The modein which this may be done, and the necessary method of preserving evidence of the sale, so as to assure the purchaser's title, are pre- scribed by statute. ,It is not allowable to proceed in both methods of fore- closure at the same time. In general, it may be' said that any holder of the mortgage, whether he be the original mortgagee, or an absolute assignee, or an executor or administra- tor, or an officer of a corporation, oi other trustee holding the mortgage, may proceed to enforce the power of sale by advertising and selling, pursuant to the statute. Notice of forecloswe. — In order to foreclose a mortgage by advertisement,(a) the mortgage, if not already recorded, should be put on record in the county where the lands lie ; a notice that it will be foreclosed by a sale of the mort- gaged premises, or some part of them, must be prepared, specifying the names of the mortgagor and mortgagee, and the assignee of tlie mortgage, if any ; the date of the mortgage and" where recorded, or wherethe p'oWer '6f "sale'is regis- tered; the amount claimed, to be due theireon, at the time of the first publica- tion of such notice ; and a description of the mortgaged premises, conforming substantially with that contained in the mortgage. This notice must be given as follows : 1.- By piMisldng it fortwfelve weeks successively, at least once in' each week, in a newspaper printed in the county where the premises intended to be sold are situated ; or if such premises are situated in two or more counties, in a newspaper printed in either of them. If the notice is published once in each week, for twelve successive weeks, the first publication beiilg made eighty^five days before the'sale, and the last, eight days 'before it, it is sufficiient.(J) If the printers of the ' papers in, the county refuse to • publish .the notice at the legal rates, it may be jjuWished in the State paper, in which casq a copy of the notice must be served,' at least six weeks beifore the ' time' of su6h " sale, on the person iiii possesion 'Of the mortgaged premises, in all cases "where the same are occupied ; and when they are not occupied, and the mortgagor, his heirs or personal representatives, reside in the county where such premises lie, then Tipon such iiiiort^g6r,'Iii8 heii's or '■ personal reprefentati V&,* as the' case' iiiay be. 3. Posting. — A copy of the notice must be affixed at least twelve weeks prior to the time therein specified for the sale, on the outward door of the building where the County Courts are directed to be held, in the county where the premises are situated ; or if there be two or more such ^buildings, then on the outward door of that which shall be nearest the premises. In the computation (a) These direotiou3 are according to oh. 846 ; lb., 1S57, vol. i., 667, ch. 308 ; 2 the law of New York. % Rev. Stat., bii ; BeD. Stat., M9, % bO. laws of 1842, 363, cii. 27T ; /*., 1844, 52iJ, (i) Howard ii. Hatch, 29 Barb., 297. FOREOLOSIJEE. *21 General Rules. of the time of posting, the first day and the day of sale cannot both be includedj but only one of them.((5) 3. Recording. — A copy of the notice must be delivered at least twelve vpeeks prior to the time therein specified for the sale, to the clerk of the county in which the mortgaged premises are situated, who is to affix the same in a book kept for the purpose. 4. Service. — A copy of the notice must be served at least fourteen days prior to the time therein specified for the sale, upon the mortgagor or his personal representatives (that is, his executors and administrators),(£?) and upon the subsequent grantees and naortgagees of the premises, whose conveyance and mortgage shall be upon record at thetime of the first publication of the iiotice, and upon all persons having a lien by or under a judgment or decree upon the mortgaged premises, subsequent to such mortgage, personally, or by leaving the same at their dwelling-house, in charge of some person of Suitable age, or by serving a copy of such notice upon said persons, at least twenty-eight days prior to the time therein specified for the sale, by depositing the same in the post-office, at some place within the State,(e) properly folded and directed to the said persons at their respective places of residence. If the notice is sent unsealed, the direction should be upon the paper on which the notice is written. If sent in an envelope, it should be sealed.(/) A mistake in mailing notice, addressed to a party at another place than the resi- dence of such party, renders the foreclosure utterly void as to such party and his grantees.Cgf) All tliesefour modes of notice must be pursued to make a valid sale under the statute.(A.) The sale may he postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale shalL be postponed. If the original advertising and posting was not commenced in time to give the legal notice, the sale may be postponed, and the notice continued to make u^ the deficiency(j) of time. Except in case of a postponement tor this purpose, the notice of postponement may be by pub- lication alone without posting,(j) Where a postponement is made at the time and place appointed for -the sale, by stating to those present the time and place to which the adjournment is made, the subsequent notice, to be inserted and continued in the newspaper until the time of sale, must conform to the adjournment, as thus aimounced.(A) Mode of sale. — The person foreclosing the mortgage may act as auctioneer. The sale must be at public auction, in the daytime, in the county where the mortgaged premises, or some part of them, are situated ; except in sales ci property moitgaged to the People of this State, in which case the sale may be made at the Capitol. If the premises consist of distinct farms, tracts or lots, tliey must be sold' separately ; and no more farms, tracts or lots should be sold than necessary to satisfy the amount due on such inortgage, at the time of the first publication of notice of sale, with interest, and the exist and expenses (c) Bunoe V. Keecl, 16 Barb., 347. may be condiieted in the other mode pre- (d), Service upon lieirs or devisees is scribed by tiie Btiitute. Ajiderson a. Aus- not npeeasaiy. AriderfSOH v. Austin, 34t tin, 34 ^ari., 319. lb., Sill. (i), CQle.ii. Moffitt. 20 Mart., 18. («i liimce t). Kqed, 16, Ik, 847, {j) Westgate v., Handlin, 7 Jiojv. Fr., (/) Katlibgne v. Clarke, i.AbbqtW Pr., 372. 6.6, ruite. (k) Where the announcement, made at (^j Uobin.-oii V. Ejan, 25 N. Y., 8-20. the time and place fixed for the sale by (h) Van Shke*. Slieldeu, 'J ^i/cd,, 278 ; the first advertisement, was of an ailjourn- Cole V, Moiiitt, 20 lb., 18. When there ment to th(3 10th of the month, but the »re no personal ropresentatives, tlie pro- printed notice was, by mistake, I'nr the vision of the statute coneeriiing notice to 16th, — Held, that a sale had on tlie 16lh them IS iuo, erative, and the fi-reelosire was void. Miller ». Hull, 4 i?«a., 104. 4:22 ABBOTTS' FOEMS. Foreclosure by Advertisement, allowed by law. The rule, that if the premises consist of distinct farms, tracts or lots, they must he sold separately, applies only where the premises con- sisted, at the time of the mortgage, of distinct farms, tracts or lots, and not where they were, and were mortgaged as, one farm, tract or lot, and were sub- sequently subdivided by the mortgagor, for more convenient occupation or for sale.(^) The mortgagee, his assigns, and his or their legal representatives, mayfairly %nd in good faith purchase the premises so advertised, or any part thereof, at sucli sale. Effect of sale. — A regular foreclosure by advertisement, and the sale made in pursuance thereof to a purchaser, in good faith, ia equivalent to a sale under a decree in a court of equity, so far only as to be an entire bar of all claim or equity of redemption of the mortgagor, Ms heirs and representatives, and of all persons claiming under him or them, by virtue of a title subsequent to the mortgage, and also of any person having a lien, by any judgment or decree, on the premises, or any part thereof, subsequent to such mortgage, and of any person having any lien or claim by or under such judgment or decree, who has been duly served with a copy of the notice of sale. An affidamt of the fact of any sale pursuant to such notice, may be made by the person who officiated as auctioneer at such sale, stating the time and place at which the same took place, the sum bid and the name of the purchaser, and shall be annexed to a printed copy of the notice of sale. An affidavit of the publication of such notice of sale and of any notice of postponement may bo made by the printer or publisher(m) of the newspaper in which the same was inserted, or by his foreman or principal clerk ; and an affidavit of the affixing of a copy of such notice on the outward door of the courthouse, may be made by the person who affixed the same, or by any other person who saw such notice so posted during the time required ; and an affidavit of the affixing a copy of such notice in the book kept by the clerk, may be made by the county clerk, or by any other person who saw such notice so affixed, during the time required ; and an affidavit of the serving a copy of such notice on the persons entitled to service thereof, may be made by the persons who served the same. These affidavits may be taken and certified by any judge of a court of record, or any commissioner of deeds, notary public or j ustice of the peace, and may be filed iij the office of the clerk of tlie county where such sale took place. The affidavits are to be recorded at length by the clerk, in the book kept for the rec- ord of mortgages ; and the original affidavits, the record thereof, and certified copies of such record are presumptive evidence of the facts therein contained. Great care should be taken in drawing the affidavits, where these are relied on as effecting the conveyance ; because it is held that, if defective, they can- not be sustained or amended by parol evidence.(ra) When these affidavits are filed and recorded, they are a substitute for a deed. But until such affidavits be made, filed and recorded, or a deed is given in pur- suance of the sale, no title passes to the purchaser. PAOK 815. Notice of sale under power in mortgage , 423 816. Another form ; the whole mortgage being due on dors'ilt in interest 128 617. Notice by assignee, etc 424 818. Affidavit of publication 425 819. Affidavit of affixing notice in county clerk's book . 425 820. Affidavit of posting notice 425 821 . Affidavit of service of notice 426 822. Affidavit by auctioneer to the fact of sale 426 ■{I) Lamerson®. Marvin, 8 Marh., 9. (n) Arnot v. McClure, 4 Den., 41 ; Lay- (m) The publisher is deemed the man «. Whiting, 20 Barb., 559; Cohoes printer within the statute. Bunco ■. Goss, 13 lb., 137 ; Bryan v. Beed, 16 Bmb., 847. Butts, 27 lb., 603. FOKEOLOSURE. 423 Notice of Snlo. 816. Notice of Sale Under Power in Mortgage.{o) Whbebas, Y. Z., of , on the day of i 18 , made and ex- ecuted a mortgage to A. B., of , to secure dollars, payable [here state the terms], which mortgage was recorded in the office of the clerk of County on the day of ,18 , at o'clock and minutes in the noon, in, liber of mortgages, page ,{p) * and the sum of dollars interest [or, the sum of principal and dollars interest, making together the sum of dollars] is due on said .mortgage on the day of > 18 > the day of the first publication of this notice ;(o) and whereas default has been made in the payment of the money secured by said mortgage, and no suit or proceeding having been instituted at law to recover the debt now claimed to be d;ie upon said mortgage or any part thereof: the said mortgage will be foreclosed by a sale of said premises by virtue of the power contained in the mortgage, (r) which sale will be made by the subscriber, at public auction, at the Hotel,(») in , on the day of , next, at o'clock in the noon. The following is a description of said mortgaged premises [here insert de- scription. ](^t) [Signature of mortgagee [Date on the day of first or attorney !\ publication^ 816. Another Form; TJie Whole Mortgage Being Due Upon Default tn Interest Clause. [As in the preceding form to the *, continuing thus:] and whereas it was in and by said mortgage expressly agreed, that should any default be made in the payment of the said interest or of any part thereof on any day where- on the same was payable as expressed in said mortgage, and should the same remain unpaid and in arrear for the space of thirty days, then and from thenceforth — that is to say, after the lapse of the said thirty days — the principal sum of dollars mentioned in said mortgage, with all ar- (o) This form is sustained by Judd v. ally with the statute. Judd v. O'Brien, O'Br'en, 21 iK F., 186. 21 K r., 186 ; Jencks ». Alexander, 11 (p) The reference to the record of the Paige, 619. mortgage should be accurate, though er- {r) The notice should show that the rors which would not mislead are disre- purpo.'se of the sale is to foreclose the garded ; and it seems that stating the time mortgage, or wliat is equivalent, that the and place, without naming the book and sale is had by virtue of a power contained page, would be sufficient. Judd a. in the mortgage. Judd v. O'Brien. 21 O'Brien, 21 N. 7., 186. a: Y., 186. • {q) The amount due up to the day of («) See note (w), infra. first publication of the notice should be {t) The property should be distinctly stated accurately ; though if the data for designated. Katlibone v. Clarke, 9 Ab- a precise computation are given, it might iottB' Pr., 66, note, TJie better practice is be regarded as sufficient, if there was no to insert the description given in the bad faith in the omission to comply liter- mortgage. i^i ABBOTTS' FORMS. Notice of Sale under Mortgage. rearage of interest thereon, should, at the option of the said A. B., his ad- ministrators or assigns, heeome and be due and payable immediately there- after, although the period limited in said mortgage for the payment thereof might not then have expiredj any thing thereinbefore contained to the con- trary thereof in any wise notwithstanding. Aad whereas said T. Z'. neglects and- refuses to pay the interest which became du« on the day of > 18 , or any part thereof' [except that the sum of dollars, paid on account thereof]; And whereas more than thii'ty days have elapsed sioce said interest be- came due and payable, pursuant to the provisions of the said mortgage, and the undersigned has elected and hereby elects that the whol© principal sura, shall become and be due and payable immediately ; and' whereas^ there is due on said mortgage, at the date of the fll-st publication of this notice, the principal sum of dollars, togethes with dollars interest thereon, from the day of , 18 , maMng altogether the sum of dol"- lars, and no suit or other proceeding has been instituted at law to recover the debt secured by said mortgage, or any paa-t thereof [except one which has been heretofore disoontinuedj. Now, pursuant to the- statute in emb case made, and by virtue of the power and authority vested in the undersigned by said mortgage, I, A. B., the [assignee of the] mortgagee named in said mortgage, do hereby notify all persons whom it may concern, that I shall sell the said premises described in said mortgage, at public auction, at the vestibule of the City Hall,(M) in the city of , on the day of , 18 , at o'clock in the noon, to the highest bidder at said- sale. The following is a particular description of said premises [here insert de- scription], [Signature of mortgagee [Date on the first doff of or attorney. ^ publicationi\ 817. Notice By: Assignee, ete, [As in preceding forms, inserting at the * a clause Uke the following .•] Which said mortgage, with the power of sale therein contained, was on the day of ' , 18 , duly transferred and assigued to the subscriber, who is now the holder and owner thereof,(D) said assignment being recorded in the ofilce of the clerk of the county of , on the day of -, 18 , at o'clock in the noon, in liber of mortgages on page («) The place of sale must be truly de- established place for sach sales. So of a sigiiated. Burnet v. Denniston, 5 Johns, notice of a sale at the Merchants' E?- Ok., 85. obnnge. But under either notice the sale A notice which states that the sale will should take place at the usual part of the take place at the City Hall, but does not Hall or Exchange^ Hornby v. Cramer, state in what part of the City Hall, is good, 12 How. Fr., 490. if by usage a well-known part of the (») See Howard v. Hatch, 29 Barb., building, such as the rotunda, is the 297. FOEEOLOSUBE. 425 Affidavits to Proooeriings. 818. Affidmit of Publication of the Notice of Sale.iw) State of , ) County of . ) ' M. N., of , being duly sjvorn, says, that ho is the \Here attach a printer [or, tlie foreman of the pruiter ; o?-, the principal printed copy of clerk of the printer; or, the only (re) clerk of the printer] the notice.} of the ■ , a newspaper published in , in the county of , aforesaid; and that the annexed notice of mortgage sale has been published in the said newspaper twelve weeks successively, at least once in each week, the said publication commen- cing on the day of , 18 , and ending on the day of , 18 . SwosN before ijie, this day I {Signature of deponent.] of ,18 . ■ r [Signature of officer.] 819. Affidavit, of Afflaeing Ndtice of Sakin the Prope/r Booh in the Gounty Olerh's. Officei State of , ) County of .) ' M. N., of , being sworn, says, that on [Sere attach a the day of , 18 ^ and at least twelve weeks printed copy of prior to the time specified in the annexed printed, the notice.] notice for the sale of the mortgaged premises therein described, he. delivered a copy of such notice of sale to the county clerk of the county of , who did immediately and on the same day, and in the presence of this deponent, affix the same in the proper book kept by said county clerk for the affixing thereon of notices of sale of the foreclosure of mortgaged premises. Sworn [etc., as in preceding form]. [Signature,] 820. Affidavit of Affixing Notice of Sale on. the O.vMoar-d Boor of the Courthouse. :]■ State of County of M. K., of , beiag duly sworn, gays, that on [Here attach a the day of , 18. , and at least twelve weeks printed copy, of prior to the time specified therein for the sale, he tke mtiee of sale.] affixed a. notice, of which the annexed printed notice is a copy, on the outward door of the building where the County Courts are directed to be held in the county of , aforesaid — to wit, the City Hall in SwoEN [etc., as in Form 818]. [Signature.] (zo) This form is sustained by Howards, that he is the only clerk, is sufficient, Hatch, 29 Barb., 297. though not saying " principal clerk." (ir) An affidavit by a clerk, which shows Gray v. Palmer, 9 Cal., 616. 4:26 ABBOTTS' FORMS. Affidavits to Foreclosure Sale. 821. Affidavit of Service of Oopy of Notice of Sale. State or , ) County of . ) ' M. N., of , being duly sworn, says, that on [Here attach a the day of , 18 , at [here specifying the f Tinted, copy of ^ZacejoariicuZorZj/], he personally served [Aerewamstte the notice.} persons], with a notice of sale of which the annexed printed notice is a copy, by delivering a copy of said notice to each of them individually, and leaving the same with them [or, he served Y. Z. with a notice of sale, of which the annexed printed notice is a copy, by delivering a true copy of said notice to the wife [or, daughter, aged years, or thereabouts], of the said Y: Z., at his dwelling-house in , he being at the time absent therefrom ; or, he served T. Z., with a notice of sale, of which the annexed printed notice is a copy, by deposit- ing a copy of said notice in the post-office in , properly folded — and if inserted in an envelope add, and inclosed in a sealed envelope — and directed to him at his place of residence in ]. SwoEN \etc., as in Form 818]. [SignaPure.] 822. Affidavit By the Auctioneer to the Fact of Sale. State of Oounty of :}' M. N., of , being duly sworn, says, that he sold {Here attach a the premises [below described being a part of the printed copy of premises] described in the annexed printed notice, by the notice.] public auction, at the time and place of sale therein mentioned — to wit, on the day of , 18 , at o'clock in the noon, at the [here designate the place] ; and that 0. D. then and there purchased the same, for the price of dollars ; he being the highest bidder, and that being the highest sum bidden for the same. And this deponent further saith, that said sale was made in the daytime, and, in all respects, honestly, fairly and legally conducted, according to his best knowledge and belief; and, also, that the said 0. D. purchased the said premises fairly and in good faith, as he verily believes. SwoKN [etc., as in Form 818]. [Signature.] [Add description, if the sale was of a part of the land described in ths notice.] GIFTS. 427 Guaranties. CHAPTEE XXXIX. GIFTS. -4. gift of personM property may be made by parol, without any written in- strument, except in respect to such property as requires a writing in order to make a vaJid sale or transfer for pecuniary consideration. But the appropriate instrument for conveying by gift is an Assignment or Bill of Saie (see those chapters), in which affection or a nominal payment, such as one dollar, may be named as the consideration. Delivery. — ^Where the subject-matter is capable of delivery, a delivery, actual or symboHcal, is essential to constitute a valid gift by parol. There is no dis- tinction, in this respect, between a gift between the living and one made in view of death. The possession, or some means of obtaining possession and control, must be transferred to the donee, or the title does not pass. The de- livery need not be to the donee in person. A delivery to a third person to hold for the donee is sufficient. The making and delivering one's own promissory note as a gift, does not create a valid obligation, even when the note is given as a gift in view of death. But the holder of a note or other obligation made by a third person may give it away. After a gift has been thus executed, it cannot be retracted by the donor ; although in cases of actual or constructive fraud, his creditors may set it aside. A gift in view of death, however, is rev- ocable at the arbitrary will of the donor, if he survives ; and this, notwith- standing the donee has been put in fuU possession of the subject of the gift. A gift of land is to be made by deed acknowledged and recorded, aa in other cases. (See the chapters on Deeds and Acknowledgments.) A nominal consideration may be named, or affection may be expressed to be the considera- tion, as in Form 720. Sometimes the conveyance is made in the form of a covenant to stand seized to uses, as in Form 636. CHAPTER XL. GUAEANTIES. By the Statute of Frauds, every special promise to answer for the debt, de- fault or miscarriage of another person, is void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party to be charged therewith.(a) The words " for value received,"(6) or even a seal,(e) are a sufficient expression of a consideration to satisfy the statutory requiremeat. (a) By a recent amendment in New Douglass d. Howland, 24 iJ., 35; Cooper York, the necessity of expressing the con- v. Dedriok, 22 Barh., 516 ; Miller v. Cook, sideration has been abolished. Laws of 2S M T., 495 ; Howard v. Holbrook, 23 1863, 802, oh. 464. In some other States How. Pr., 64. 't never has been required, («) Livingston v. Tremper, 4 Johns., {b) Watson v. McLaren, 19 Wend., 557 ; 416 ; Douglass v. Howlaud 24 Wend., 85 ; 4=28 ABBOTTS' FORMS. Guarau''ie8. PAOS 828. Guaranty of payment of note 428 824. Of payment of bond 428 825. Guaranty of collectibility 428 826. Guaranty of rent 429 827. Guaranty given to stop.legaliproceedinga 429 828. Guaranty of performance of contract 429 823. Chiwrantyof Paypient of Note. For value received; I hereby guarantee the payment of the within note.( ' Being satisfied that A. B., respecting whose drunkenness a notice has heretofore been given by us [or, by 0. D. and E. P., overseers of the poor of said town], has reformed and become temperate, we do hereby revoke and annul the said notice. [Signatures and titlta^ [DaU.] HIGHWAYS. 437 Analysis of the Chapter. CHAPTEE XLin. HIGHWAYS. Highways are roads or streets and bridges, laid out or erected by the public, or by others, and dedicated or abandoned to the public. Boads recorded as highways, according to law, and any roads used aa such for a pericA of twenty years, are highways. By the statutes of New York, whenever any corporation owning a toll-bridge, or a turnpike or plankroad, is dissolved or discontinues the road, the bridge or road becomes a highway. By taking or accepting land for a highway, the public acquires only the right of way, and the incidents necessary to enjoying and maintaining it, sub- ject to the regulation of the towns. All trees within the highway, except only such as are requisite to make or repair the road or bridges, on the same land, are for the use of the owner or occupant of the land. This whole subject, however, and the mode of proceeding to lay out, work, alter and close highways, is so fully regulated by the statutes, and there are so many peculiar local systems in the various States, that the statute-book is a safer guide than any statement which such a work as this could give. The foUovfing forms, though taken from the practice pursued in New York, will be found usefiil guides elsewhere. I. ApPOINTMEIlr OF OeHCBES AMD AsSESSMBNT OF LaBOB, BTO. FA6B 846. Bond of commissioners 488. 847. Approval 439 848. Appointment of commissioner to fill vacancy 439 849. Order dividing town into road districts ., 439 850. Appointment of overseer to fill vacancy 440 851. List of persons to be assessed 440 852. List of non-resident lands 440 853. At-sessmeut of highway labor 441 854. Additional assessment by overseer 442 855. Appeal by non-resident '. 442 856. Notice to commissioners, of the appeal 442 857. Notice of non-resident's lands assessed 442 858. Complaint for refusal to work 44S 859. For not furnishing team 443 860. Summons upon foregoing complaints 444 861. Eeturn of coustiible 444 862. Conviction 444 863. Warrant for collection of fine 444 864. List of non-reaident lands and unpaid assessments 445 865. Affidavit thereto 445 866. Annual account of overseer 445 867. Affidavit thereto 446 868. Annual account of commissioners 44S 869. Notice of application for additional appropriation 447 870. Complaint of overseer's neglect of duty 447 871. Security for costs of prosecuting 447 872. Assessment of additional persons 448 B73. Appeal from asseasmeut 448 438 ABBOTTS' FOEMS.. Ataalys'm of the Chapter. ir. Pbooeedhstgs to La.t Out, Alteb ob Discontintje Eoads. FAQE 874. Application to lay out new highway, with consent of land-owner 448 375. Order thereon , 448 876. Application to alter highway, with consent 449 377. Order thereon 449 878. Application to lay out new highway, without consent 449 879. Order thereon 449 3S0. Affidavit of posting 450 881. Oaths of freeholders 460 882. Certificate of necessity 450 888. Notice to occupant of land 450 ' 884. Order laying out the road 451 885. Order refusing to lay out the road 451 886. Agreement as to damages 451 887. Release of damages 452 888. Application for assessment of damages 452 889. Order appointing commissioners to assess 452 890. Notice of appointment 452 891. Oath of commissioners 453 892. Oath to witnesses 458 898. Assessment of damages 458 894. Notice of reassessment 453 895. Certificate of drawing of jury 454 896. Summons to jurors 454 897. Verdict 454 898. Certificate thereto 455 899. Order describing an old highway 455 900. Determination of controversy between two towns 455 901. Order laying out highway on line between two towns 455 902. Application to discontinue road 456 903. Oath of freeholders 456 904. Certificate of propriety of discontinuing 456 905-6. Orders thereon , 456, 457 907. Appeal therefrom ; 457 908. Appointment of referees 457 909. Notice of hearing 457 910. Decision of appeal 453 911. Notice to remove fences 4SS III. Enoeoaohmbnts. 912. Order to remove fences, etc 458 913. Notice for same 459 914. Denial of encroachment 459 915. Precept to summon jury 459 916. Notice of hearing 4S9> I. Appointment of Offioees asd Assessment of La.boe, bto. 846. Bond of Commissioner of Highways. Khow all men by these presents, that we, A. B., C. D. and E. F., ofthe town of Columbus, county of are held and firmly bound unto Y. HIGHWAYS. 439 Appointment of Highway Officers. Z., supervisor of said town, in the sum of one thousand dollars, to be paid the said Y. Z. or Ms successor in ofiBce, to wliioh payment, -well and truly to bo made, we bind ourselves, our and each of our heirs, jointly and sever- ally, firmly by these presents. Sealed with our seals, and dated this day of , 18 . Whkkbas the said A. B. has been duly elected [or, appointed], a com- missioner of highways in and for said town, to serve for the period of year , from the day of , 18 [or, appointed to serve until the day of next], and until a successor shall be elected or chosen : Now, theekeoee, the condition of this obligation is such, that if the said A. B. shall discharge his duties faithfully as such commissioner, and pay over to his successor, within ten days after the expiration of his term of office, what money may be remaining in his hands as such eom- missioner of highways, and render a true account to such successor of all moneys received and paid out by him as such commissioner, then the above obligation to be void ; otherwise, to remain in full force. [Signatures and seals.] 847. Approval. I APPEOVE of the within bond as to the form and sufficiency thereof. [Bate.} [Signature and title of supervisor.] 848. Appointment of a Commissioner to Fill a Vacancy. Town of , ) County of . J ■ WnBP.EAS , who was duly elected [or, appointed] a commissioner of highways in and for said town, to hold said office until the day of ,18 , has resigned [or, died; or, removed from said town], and by reason thereof a vacancy exists in the office of commissioner of high- ways : Now WE, THE miDEESiGNED, the supervisor and two justices of the peace [or, three justices of the peace] of said town, do hereby appoint A. B. to serve as such commissioner in the place and stead of the said , until the next annual meeting to be held in said town. Witness our hands, the day of , 18 . [Signatures and titles!] 849. Ord^r Dividing a Town Into Soad Districts. The TrNDBESiGNBD, commissioners of highways of the town of [or, the undersigned, two of the commissioners of highways of the town of , all the commissioners of said town], having met and deliberated on the subject embraced in this order [or say, the undersigned, two of the commissioners of highways of the town of , having met and deliber- ated on the subject embraced in this order, all the commissioners of high- ways of said town having been duly notified to attend the said meeting of the commissioners to deliberate thereon], hereby order that the said town be, and it hereby is, divided into road districts, as follows — to wit : 44:0 ABBOTTS' FORMS. Appointment of Highway Officers. Eoad district Fo. 1 slia]l include [insert a description including the in- tended Mghwa/ys, and the inhaiitants ' I, A. B., overseer of highways for road district No. , in said town, hereby make complaint on oath to G-. H., a justice of the peace of said town, that I gave T. Z., who resides in said district, and is assessed to work on highways therein, twenty-four hours' previous notice, to appear with a shovel, on the day of , instant, at o'clock m., at the dwelUng-house of E. F., for the purpose of working on the highways in said district, under my direction as such overseer ; and that the said T. Z. neglected to appear, either in person, or by an able-bodied man as a sub- stitute, and has also neglected to pay the commutation money for said work [or, appeared, pursuant to notice, but worked only hours, and then departed ; or, appeared, pursuant to notice, but remained idle ; or, did not work faithfully ; or, hindered others from working] ; and has not ren- dered any satisfactory excuse to me for such neglect [or, conduct]. SwoEN before me, this) [Signature of] Overseer, day of ,18 .5 [Signature of officer.] 859. Complaint Against a Person for Not Furnishing a Team. Town of , ) County of . ) ' I, A. B., overseer of highways for road district No. , in said town, hereby make complaint to G. H., a justice of the peace of said town, that I gave to Y. Z., who resides in said district, and is assessed to work days on the highways therein, and has a cart [or, wagon ; or, plough], with a pair of horses [or, oxen], and a man to manage them, and who has not commuted for his said assessment, twenty-four hours' previous notice, to furnish, on the day of , 18 , at o'clock m., at the house of E. ¥., in said district, a wagon with horses [or, a cart with a yoke of oxen], and a man to manage them, for the purpose of working one day on the road in said district, under my direction aa such overseer; and the said 444 ABBOTTS' FOKMS. Assessment, etc., of Highway Labor and Taxes. T. Z. has neglected to famish such wagon and horses [or, cart and oxen], and a man to manage them, and has also neglected to pay the commutation money for said work, and has not rendered any satisfactory excuse to me for such neglect. SwoEN [etc., as in preceding form]. 860. Summons to he Issued hy the Justice Upon the Complaint of an Over- seer Against a Person Notified, for Refusing to Worh. Town ov , ) Gountyof ,)**• To any constable of said town: Whbkeas complaint has been made to me, the undersigned, a justice of the peace of said town, by A. B., overseer of highways in road district No. , in said town, that T. Z., who resides in said district, and is assessed for highway labor, and has been duly notified to perform such work, has neglected to appear in pursuance of such notice, either in person, or by an able-bodied substitute, and perform such labor [or, as in preceding form^]:* Tou ake theeefoeb hereby commanded, in the name of the People of the State of New York, to summon the said Y. Z. forthwith to appear before me, at my office in said town, to show cause why he should not be fined according to law, for such refusal or neglect, as in said com- plaint alleged. Given under my hand, at , this day of , 18 . [Signature of] Justice of the Peace. 861. Return of Constable. Served personally \or, by leaving a copy at the personal abode of the within-named Y. Z.] [Signature cf^ Constable. [DaU:\ 863. Conviction Indorsed on the Complaint. Town of , 1 Oounty of . ( " The within-named Y. Z. having been duly summoned to appear betore me, to show cause why a fine should not be imposed on him for the offence charged in the within complaint, and he not appearing [or, having ap- peared], and no sufficient cause being shown to the contrary, I hereby im- pose a fine of upon the said Y. Z. for the said offence, together with costs of this proceeding against him. Witness my hand, this day of , 18 . [Signature of] Justice of the Peace. 863. Wwrrq/ntfor the Collection of a Mn^. Imposed for Neglect to Work. [As in Form 860 to the *, continuing thus ;] And whereas, I thereupon Issued my summons, i-equiring the said Y. Z. forthwith to appear before HIGHWAYS. 445 Assessment, etc., of Highway Labor and Taxes. me, at my office, in the said town, to show cause why he should not be fined, according to law, for such refusal or neglect ; and whereas the said summons has been duly returned, served by , constable, and the said T. Z. has not appeared before me, or shown sufficient cause to the contrary, I have imposed on him a fine of for his offence complained of as aforesaid, and ascertained and adjudged the costs of the proceedings on the complaint to be : Now, THEEEEOEB, you are hereby commanded, in the name of the People of the State of , to levy the said fine, together with , the costs and charges aforesaid, of the goods and chattels of the said Y. Z., and bring the moneys which you shall collect before me, with this warrant. Given imder my hand and seal, this day of , 18 . [Signature of] Justice of the Peace. [Seal.] 864. List of the Lands of Non-residents and of Persona UhJcnown, on Which the Labor Assessed is Unpaid, to ie Delivered to the Supervisor. A list of all the lands of non-residents and of persons unknown, which were taxed on the lists of the undersigned overseer of highways for road district No. , in the town of , on which the labor assessed by the commissioners of highways has not been paid, and of the amount of . labor unpaid. OWNBES. DESOEIPTION OF LAHD. DATS ASSESSED. DATS TTNPAID. [Date.] [Signature of] Overseer. 865. Affida/vit to he Indorsed on the Foregoing List. OoTHfTT OF , ss. A. B., overseer of highways for road district No. , in the town of , in said county, being duly sworn, says, that in relation to the lands described in the above list, he has given the notices required by the thirty-third and thirty-fourth sections of title first, chapter sixteen, of part first of the Eevised Statutes, and that the labor for which the said lands are returned has not been performed. SwoEN [etc., as in Form 858]. [Signature.] 866. Annual Account of an Overseer of Highways. The annual accouni of A. B., overseer of highways for road district No. , in the town of , rendered to the commissioners of highways of said town, on the day of , in the year 18 . 446 ABBOTTS' FORMS. Assessment, etc., of Highway labor and Taxes. 1. The names of aJl persons assessed to work on the highways, iu said road district No. , of which I am overseer, are as follows : [Here insert names.] 2. The names of all those who have actually worked on the highways, with the number of days they have so worked, are as follows : [ffere give names, and the number ofda/ys worJced.} 3. The names of all those who have been fined, and the sums in which they have been fined, are as follows : [Sere give names, and the amount of fines.] 4. The names of all those who have commuted are as follows : [Here give names, and the amount paid iy each.] 5. And the moneys arising from said fines and commutations have been expended by me, as follows : [Here specify the items of expenditure, amd the persons to whom paid?^ 6. And the following is a list of all the lands which I have returned to , the supervisor of said town, for the non-payment of taxes, and the amount of tax on each tract of land so returned : [Here give owner^s name, description, of lands, and am^ount of tax.] [Bate.] [Signature of] Overseer. 867. Affidavit to the Foregoing Account. County op , ss. A. B., overseer of highways for road district No. , in the town of , being duly sworn, says, that the preceding account is true and correct. SwoEN [etc., as in Form 858]. [Signature.] 868. Annual Account of the Commissioners of Highways Rendered to Town Auditors. The undersigned, commissioners of highways of the town of , ren- der this their annual account to the Board of Town Auditors, on the day of , 18 . 1. The labor assessed in said town, during the year ending on the date hereof, is days, and the amount thereof performed is days, as appears by the account rendered to us by the several overseers of highways in said town. 2. The said commissioners have received for fines and commutations re- ceived under the statute relative to highways, the sum of dollars, as follows [here state them in some such form as this :] FEOM WHOM EBOBIVBD. OSr WHAT AOOOUTTT. AMOTTNT. HIGHWAYS. 447 Assessment, etc., of Highway Labor and Taxes. 3. The improvements which have heen made on the roads and bridges in said town, during the year immediately preceding the date of this report, are as follows [specifying them]. And the roads and bridges in said town are [here state their condition, specifying whether they are in good repair or otherwisel. 4. Ibe following improvements are necessary to be made on the roads and bridges in said town [specifying tJiemJ. 5. And the expense of making such improvements, beyond what the labor to be assessed this year will accomplish, is by us estimated at dollars. Given under our hands, this day of , 18 . [Signatures of J Commissioners. 869. Notice of Application for Additional Appropriation. Notice is hereby given to the electors of the town of , that the undersigned, commissioners of highways, are of opinion that the sum of dollars, as now allowed, will he insufficient to pay the necessary expenses for the improvement of roads and bridges in said town ; and that the addi- tional sum of dollars is necessary [here state for what purpose], and the undersigned will apply at the next annual town meeting of said town for a vote authorizing the said sum of to be raised for the purpose aforesaid. [Signatures of] [Date.] Commissioners of Highways. 8Y0. Complaint to the Commissioners of Highways Against An Overseer for Neglect of Duty. To the commissioners of highways of the town of : The complaint of A. B., a resident of said town, respectfully shows, that T. Z., the overseer of highways for road district No. , in said town, has neglected and refused to warn the following persons [naming them] to work on the highways in said district, after having been required to do so by the commissioners, or one of them. And the said A. B. nereby requires the commissioners of highways aforesaid to prosecute the said Y. Z. for the said offence. [S^gnature^ [Date.] 8T1. Security To Be Qieen by Complainant to Commissioners, To Indemnify Them Against the Costs of Prosecuting the Complaint Against Overseer. We, A. B. and E. F., acknowledge ourselves indebted to the commis- sioners of highways of the town of in the sum of dollars, which we jointly and severally bind ourselves to pay. [Date.] The condition of this obligation is such, that if the said A. B. does well and truly indemnify the said commissioners of highways against the costs which may be incurred in prosecuting Y. Z., the overseer of highways for road district No. , for the penalty incurred by the said Y. Z. in the re- *4:8 ABBOTTS' FORMS. Proceedings to Lay Out or Alter Soads. fusal or neglect set forth in the annexed complaint, then this obligation to be void ; otherwise, of full force. [Signatures and seah.} 872. Assessment l>y Overseer, on, Persons Left Out of the List. The following named persons having been left out of the foregoing [or, annexed] list for road district No. , in the town of (they having become inhabitants of said district since said list was made), I hereby assess the said persons to work on the highways in said district, as follows — viz. : A. B., 3 days [ete.'\ [SignaPwre of'\ Overseer. [Date:] 873. Appeal to Commissioners from Overseer^s Assessment. To the commissioners of highways in the town of , county of : Take notice, that I hereby appeal from the assessment made by the over- seer of road district No. for the following reasons [stating themj. [Date.] [jSignature.] II. Peoobbbikgs to Lay Out, Alteb ajtd DisooNToniE Roads. 874. Application to Commissioners To Lay Out a New Road Through Un- improved Land, or ThrougJi Improved Land With the Consent of the Owner. To the commissioners of highways of the town of , in the county of : Thb undbesionbd, a person liable to be assessed for highway labor in said town, and residing therein, hereby applies to you to * lay out a new road of the width of rods, through land which is not inclosed, im- proved or cultivated [except as to land of , who consents to the lay- ing out of said road, and has signified the same by signing this petition] ; beginning at [deserihing the road hy courses and distances, or such effects and ioundames as maTce the route sufficiently definite and certain]. [SigrMture^] 875. Order of Commissioners To Lay Out a Highway Through Lands Not Inclosed, Improved or Cultivated, Excepting in Part, and iy the Consent of the Owner of That Part. At a meetino of the commissioners of highways of the town of , in the county of , at the town-house in said town, on the day of ,18 , all the said commissioners having met and deliberated on the subject embraced in this order \or, all the said commissioners having been duly notified to attend the said meeting, for the purpose of deliberating upon the subject-matter of this order], * it is ordebbd and determined by the said commissioners t that a highway be laid out in the said town, of the width ot rods, on the application of A. B., and by the consent o HIGHWAYS. 449 Proceedings to Lay Out or Alter Eo»ds. , throTigh ■whose improved land the said highway is to pass for a part of the distance ; the residue of said highway being through lands not inclosed, improved or cultivated. And the said commissioners have caused a survey thereof to be made, as follows: [here insert the description.] In wrriTESs whereof, the undersigned commissiopers of liighways of said town have hereujito subscribed their names, this day of , 18 . [Signatures of} Commissioners. • ' 876. Application To Alter a Road, Where the Alteration Passes Through ■Land Not Improved, Inclosed or Cultivated, or Through such Land by the Consent of the Owner. To the commissioners of highways of the town of , in the county of : We, the undersigned [names], residents of [or, liable to be assessed for highway labor in] said town, hereby apply to you to alter the highway [here designate what road, and insert a description of the proposed alteration hy courses and distances, or hy ohjects and boundaries, so as to render it suf- ficiently certain and definite]. The proposed alteration passes through lands which are not improved, inclosed or cultivated [or, passes through the improved land of , who consents thereto by signing this petition]. [Date.] [Signatures.] 877. Order of th^ Commissioners To Alter a Highway. [As in Form 875 to the\, continuing thus:] upon the application and by the consent of , throngh whose land the alteration hereafter described is to be made, that the higl«Tay [designating it, and stating the alteration — e. g., thus :] leading from the house of to the house of , in said town, be altered according to the following survey, which the commis- sioners have caused to be made thereof— to wit : The centre line of the road as altered is to begin at the centre of the present highway, opposite , and to run thence [etc., etc.], and that the said alteration be of the width of rods. Jn witness [etc., as in Form 875]. 878. Application to Lay out a Highway Through Improved Land, With- out the Consent of the Owner. [As in Form 874 to the * continuing thus :] to lay out a highway in said town, commencing at [here insert a description], which said highway will pass through the improved [or, inclosed, or, cultivated] lands of , who do not consent to the laying out of the same. [Date.] [Signature.]- 879. Notice of Application, and of the Meeting of Freeholders, when the In- fended Highway is Through Improved or Cultivated Land. UTotioe is hereby given, that the undersigned has applied to the Oommis- 450 ABBOTTS' FORMS. Proceedings to Lay Out or Alter Boads. sioners of Highways of the town of , in the county of , for the laying out of a highway, commencing [Tiere insert description], and which highway will pass through improved land of , [designating it] ; and that on the day of , at o'clock in the noon, at the house of , in said town, twelve freeholders, duly qualified for that purpose., will meet to examine the ground and premises, and to certify with respect to the necessity and propriety of such highway. [Date.] ' [Signature.] 880. Affidcmif of Affixing the Notice of Application. COUKTT OP , ss. A. B., of , in said , being duly sworn, says, that he caused notices in writing, of which the within is a copy, to be posted up at , , and , three of the most public places in said town, on the day of , being at least six days before the time specified therein for the meeting of the freeholders. [Signature.] SwoEN [etc., as in Form 858]. 881. Oath of FreehoUers.{a) Ton, and each of you, do solemnly swear, well and truly to examine and certify in regard to the necessity and propriety of the highway applied for through the land of , and others. So help you God. 882. Certificate of Necessity. Town OF ,5 ^^ County of . S ' "We, the undersigned, twelve freeholders of the said town, not interested in the lands through which the road described in the annexed notice is to be laid, nor of kin to any owner thereof, having appeared at the time and place specified in said notice, and having been duly sworn well and truly to examine and certify in regard to the necessity and propriety of the high- way applied for ; and having proceeded to and personally examined the route of such highway, and heard all reasons that were offered for and against laying out the same, hereby certify tliat we are of opinion that the highway applied for and described in the annexed notice, is necessary and proper. • WiTKESS our names, this day of , 18 . [Signatures.] 883. Notice to be Given ly the Commissioners to the Occupant of Land Through which the Road is to Run. To : Please take notice, that on the day of , 18 , at o'clock in (o) For Town of .r'- "We, the undersigned, the jurors drawn, summoned and sworn to re- assess the damages for laying out [or as the case may be] the highway [describe the highway], in pursuance of the order of ■ , commissioner of highways in !.nd for the town of , bearing date the day of , 18 , having viewed the premises, and heard the parties, and such wit- nesses as were offisred before us, hereby reassess the damages aforesaid, as follows : To , the sum of dollars, for the damages sustained by him by reason of the laying out [or as the case may be] the said highway; to , the sum of, etc. [specifying all the parties to whom damages may be awarded]. In witness wheebof, we have hereunto set our hands, this day of ,18 . ['^'^i'7f^7H Jurors. of the] ) HIGHWAYS. 455 Proceedings to Lay Out or Alter Boads. 898. Oertifioate of the Justice. County of , ) Town of .) '■ I, Gr. H., one of the justices of the peace of the said town, do certify that the above is the verdict of the jury summoned by my summons, and drawn and sworn by me to determine and reassess the damages for the laying out [or as the case may Je] the highway mentioned in the said verdict. Given [etc., as in Form 896]. 899. Order Ascertaining and Describing an Old Highway. l^As in Form 875 to the *, continuing thus .-J'it appearing to the said com- missioners that the road in said town, used as a highway, leading from to , has been laid out, bijt not sufficiently described of record [or, has been used as a public highway for twenty years, but has not been recorded] : IT IS OEDEEKD by the said commissioners, that the said road be ascertained, described and entered of record ; and that the description, courses and dis- tances of said road be according to a survey which they have caused to be made of the same, as follows : [insert surcey], and that the line of said survey be the centre of said road, and said road be of the width of rods. Witness [etc., as in- Fwm 875]. 900. Determination on a Subject of Disagreement Between the Commissioners of Two Towns, Relating to a Road Extending Into Both. At a joint meeting of the commissioners of highways of the towns of and respectively, in the county of , held at , on the day of ,18 , upon the request of the' said commissioners for the town of , for the purpose of making a determination upon the subject of a disagreement between the said commissioners relative to laying out [or, altering] a road hereinafter described, and extending into both the said towns, the said commissioners hereby determine that the said road be laid out [or, altered] as follows : [here set forth the manner^ "Witness [etc., as in Form 875]. 901. Order of Commissioners Lanjing Out a Highway on the Line Between Two Towns. At a joint mebtino of the commissioners of highways of the towns of and respectively, in the county of , held at , on the day of i 18 , for the purpose of laying out a highway npon a line between the said towns, two of the commissioners of each of the said towns being present, it is oeiiered and determined by the said commissioners, that a highway be laid out upon the line between the said towns, or as near thereto as the convenience of the ground will admit, according to a survey thereof, which the said commissioners have caused to be made as follows : [Insert survey] ; and that the said line, as above de- 456 ABBOTTS' FORMS. Proceedings to Discontinue Koada. scribed, be the centre of the said highway, and that the said highway be of the width of rods. It is further ordered, that the said highway be divided into road districts, as follows : the part from to shall be one of the said road districts, and shall be allotted to the said town of , and the part from to shall be the other of the said road districts, and shall be allotted to the said town of Witness [etc., as in Form 875]. 902. Application to Discontinue an Old Boad, To the Commissioners of Highways of the town of , in the county of : Thb ■ONi)EESi&NED,'a resident of said town, liable to be assessed for high- way labor, hereby applies to you to have the old road in said town [here designate it, giving the termini] discontinued, on the ground of its having become useless and unnecessary. [DateJ] [Signature."] 903. Oath of Freeholders, Upon Application for the Discontinuance of a Road.{e) You, and each of you, do swear, that you will well and truly examine and certify in regard to the propriety of the discontinuance of the road for which A. B. has made application. So help you God. 904. Gertiflcate of Freeholders for the Discontinuance of an Old Boad. We, the UNDBESiaNED, disinterested freeholders of the town of , having met at the , on this day of , 18 , pursuant to the summons of the commissioners of highways of said town, in order to examine and certify in regard to the propriety of discontinuing the road described in the annexed application, having been duly sworn, and having viewed said road, certify that the same, in our opinion, is useless and im- necessary. Witness [etc., as in Form 882]. 905. Order of Commissioners for Discontinuing a Boad. [As in Form 875 to the * continuing thus:] upon the application of A. B., of said town, for the discontinuance of the road hereinafter described, and on the certificate of twelve disinterested freeholders duly summoned and sworn, who have ia due form certified that said road t is useless and un- necessary, and the said commissioners having caused a survey of said road to be made as follows : [here insert the swrvey] ; it is ordered and determined by the said commissioners, that the said road be, and the same hereby is discontinued. In witness [etc., as in Form 875]. (fl) For other forms of oaths and affirmations, see page 2(18, anie. HIGHWAYS. 457 Appeals. 906. Order Refusing to Discontinue a Road. [As in the preceding form, substituting for the words following the\ these words :'\ is necessary for the accommodation of the public and various per- sons living in that part of the town, it is oedeeed and determined by the said commissioners that the application to discontinue the said road he Re- fused. 907. Appeal to the County Court. To the county judge of the county of : Please take notice, that considering myself aggrieved by the order of the commissioners of highways for the town of , in said county, of which a copy is hereto annexed, I hereby appeal to you therefrom, and ask that referees he appointed, pursuant to the statute, to hear and determine said appeal. This appeal is brought to reverse said order entirely [or as to a specified part}, on the ground that [here state the ground of error]. [Date.] [Signature^ 908. Appointment of Referees. A. B., of [and 0. D., of ], having appealed from the de- termination of the commissioners of highways of , made on the day of , 18 , in laying out \or, refusing to lay out ; or, alter- ing; or, discontinuing] a highway therein,* particularly described in the notice of appeal, and sixty days having now elapsed since such determina- tion was filed in the oflEioe of the town clerk of : Now, theeefoee, I, M. N., county judge of said county, hereby appoint [here insert names'], residents of the town of , and disinterested freeholders, who have not been named by any of the parties interested in said appeal, as referees, to hear and determine all the appeals that have been brought in relation to said determination.(ci) [Sigjiature and title.] [Date.] 909. Notice By the Referees of the Hearing, To the commissioners of highways of the town of : PtEiSE take notice, that the undersigned referees, duly appointed by M. N., county judge of County, to hear and determine an appeal made to the said judge by A. B., of the town of , from the determination of the highway commissioners of , made on the day of , 18 , and filed in the town clerk's office of said town, on the day of , 18 , laying out [or, refusing to lay out; or, altering; or, dis- continuing] the road in said order described, will meet at , in said town of , on the day of » 18 , at o'clock in the noon, to hear and determine said appeal. [Date.] [8ignM,tures.] [Address to commissioners and to appellants.] (d) Where several persons separately OBway v. Winant, 84 .Barh., 678 ; S, C, 18 appeal, there should be but one set of ref- Aiiotts' Fr., 216. erees, one hearing and one order. Dis- 458 ABBOTTS' FORMS. Proceedings to Bemove Enoroaohments. 910. Decision By the Referees Upon tjie Appeal. [As in Form 908 to the*, continuing thus:} contained in their order of that date, filed in said town clerk's office, a copy of the notice of which appeal is hereto annexed ; and the undersigned having been duly appointed by the county judge, referees to hear and determine the said appeal, at- tended at , in the town of , on the day of , 18 > at o'clock in the noon, pursuant to notice by us duly given to the several parties, according to the statute; and having beard the proofs and allegations of the several parties, and due deliberation thereon being had, we hereby decide, adjudge and determine, that the said order and deter- mination of the said commissioners be, and the same is in all things reversed* [or, in all things affirmed ; or, is reversed in part ; or, affirmed in part, as follows : set forth the part reversed] ; [and if the road is to ie laid out T>y the referees, add: and we do further order and determine, that the said highway be laid out in accordance with the application of the said A. B., and the same is hereby described as follows : insert description]. .Witness [«eriJieation.'\ CHAPTBE XLVII. INCOME TAX. By the act of June 30,1864, as amended by the first section of the act of March 2, 1867, (a) it is made the duty of any person liable to annual tax, on or before the first day of March in each year, to make a return to the assistant assessor of the district wherein he resides, of his income, and of the articles in Schedule A owned or kept by him on the first day of March. Every person failing to make such return by the day specified will be liable to be assessed by the assistant assessor according to the best information which he can obtain ; and in such case the assistant assessor will add fifty per cent, to the amount of the tax, and from the valuation and enumeration so made there can be no appeal. ' In case any person shall deliver to an assessor any false or fraudulent list or statement, with intent to defeat or evade tlie valuation or enmneration required by law, the assistant assessor will add one hundred per cent, to the tax. Guardians, trustees, executors and administrators, and persons acting in any other fiduciary capacity, are required to make returns of the income belonging to minors or other persons for whom they act, and the income tax will be assessed upon the amount returned, after deducting such sums as are exempted by law ; provided that the exemption of one thousand dollars shall not be allowed on ac- count of any minor or other beneficiary of a trust, except upon the statement of the guardian or trustee, made under oath, that the minor or beneficiary has no other income from which the said amount may be exempted and deducted. When coupons of United States bonds, or gold received as interest on bonds, are sold within the year, the amount of legal tender currency received therefor should be returned as income under paragraph 9. When any person has gold, or coupons payable in gold, on hand at the close of the year, its value should be returned at the value of gold at the close of the year. Trustees, guardians, executors, etc., should make a separate return for each estate represented by them, and a separate retui'n of their own private estate. Where any articles named in Schedule A are owned, possessed, or kept by a partnership, firm, association, or corporation, they must be returned to the assistant assessor of the district in which such partnership, firm, association, or corporation has its office or principal place of business. When such articles are held by an individual, the return will be made in the district in which he or she resides. (a) 13 U. S. Siat. at L., 225, 479, 480. INCOME TAX. 473 Return, 945. Betum of Tncome. Detailed Statement of Income, Gains, and Profits of A. B., of , county of , and State of , during the year 18 , and of Carriages, &o., &o., owned or kept by him March 1, 18 . $ eta, 1, From profits in any trade, business or vocation from which income is actually derived, or any interest therein, wherever carried on. 2, From the payment of debts in a former year considered lost, and which have not paid a previous income tax 8. From rents 4, From farming operations — Amount of live-stock sold Amount of agricultural products sold . . 6, From profits realized by sales of real estate purchased since Decem- ber 31, 1864 6. From interest on any bonds or other evidences of indebtedness of any railroad, canal, turnpike, canal navigatiim, or slack-water company; or interest or dividends on stock, capital, or deposits in any bank, trust company, savings institution, insurance, rail- road, canal, turnpike, canal navigation, or slack-water company. 7. From dividends of any incorporated company other than those above mentioned 8. From gains and profits of any incorporated company not divided. , 9. From interest on notes, bonds, or other securities of the United States 10, From interest on notes, bonds, mortgages, or securities other than those enumerated above 11, From salary other than as an officer or employee of the United States 12, From salary or pay as an officer or employee of the United States, 13, From profits on sales of gold or stocks, whenever purchased 14, From all sources not above enumerated Gross income Deductions. 1. Exempt by law $1,000 00 2. National, State, county, and municipal taxes paid within the year 3. Losses actually sustained during the year from fire, ship- wreck, or incurred in trade, and not already deducted in ascertaining profits 4. Losses on sales of real estate purchased since December 31, 1864 5. Amount paid for hired labor to cultivate land from which income is derived 6. Amount paid for the live stock which was sold within the year '1. Amount actually p.iid for rent of homestead 8, Amount paid for usual or ordinary repairs, excluding pay- ments for new buildings, permanent improvements or betterments 9, Interest paid out or falling due within the year 10, Salary or pay as an officer or employee of the United States, from which a tax has been mthheld 1-1. Interest or dividends from corpoi-ations enumerated above in paragraph 6 Taxable income Amount of tax at 5 per cent 474 ABBOTTS' FORMS. Return of Income. Schedule A. Carriages, gold watches, billiard tables, gold and silver plate. No. Taxable Articles. Rate. Am't of Tax. Carriage, phaeton, carryall, rockaway, or other like car- riage, and any coach, hackney coach, omnibus or four-wheeled carriage, the body of which rests upon springs of any description, which is kept for use, for hire, or for passengers, and which is not used exclu- sively in husbandry or in the transportation of mer- chandise, valued at exceeding three hundred dollars and not exceeding five hundred dollars, including harness used therewith $6 00 Carriages of like description valued at above five hund- red dollars 10 00 Gold watches, composed wholly or in part of gold or gilt, kept for use, valued at one hundred dollars or less . . 1 00 Gold watches, composed wholly or in part of gold or gilt, kept for use, valued at above one hundred dollars. . 2 00 Billiard tables kept for use, and not subject to special tax 10 00 Oz. plate of gold kept for use, per ounce troy 50 Oz. plate of silver, kept for use, per ounce troy, exceed- ing 40 ounces, used by one family 05 State of , ) County of f *'• A. B., being sworn according to law, deposes and says, that the within state- ment contains a fuU, true.'particular and correct account of his income for the year A. D. 1867, which he has received, whether derived from any kind of property, rents, interest, dividends, or salary, or from any profession, trade, employment or vocation, or from any other source whatever, from the first day of January to the thirty-first day of December, A. D, 1867, both days inclusive, and subject to an income tax under the excise laws of the United States; and that he has not received, and is not entitled to receive, from any or all sources of income together, any other snm for the said year besides wjfiat is herein set forth in de- tail, except such amounts as, though justly due to the affiant, are not good and collectible ; and that he is honestly and truly entitled to make the deductions from his income for said year as specifically stated in detail, in accordance with the true intent of the excise laws of the United States ; that the statement of the number or weight and value of the articles enumerated in Schedule A, owned, possessed, or kept by him, or of which he had the care or management, on the first day of March, A. D. 1868, is also just and true; and that the several rates and amounts therein contained are stated in legal tender currency. [^SignaLure.'\ SwoKN [etc., as in Form 838.] 945 a. Verification ly Trustee or Qimrdian. State op , ) County of . ] *'■ A. B., being sworn according to law, deposes and says, that the within state- ment contains a full, true, particular, and correct account of h's income for the year A. D. 18 , which he has received as guardian of the person and estate of M. N., a minor, of , whether derived from any kind of property, rents, in- terest, dividends or salary, or from any profession, trade, employment or voca- tion, or from any other source whatever, from the first day of January to the thirty-first day of December, A. D. 18 , both days inclusive, and subject to an income tax under the excise laws of the United States; and that he has not re- mSANE PERSONS. 475 General Principles. ceived, and is not entitled to receive, from any or all sources of income together, any other sum for the said year as such guardian, besides what is herein set forth in detail, except such amounts as, though justly due to the affiant, are not good auj collectible; and that ho is honestly and truly entitled to make the deductions from his income as aforesaid for said year, as specifically stated in detail, in ac- cordance with the true intent of the excise laws of the United States ; and that the statement of the number or weight and value of the articles enumerated in Schedule A, owned, possessed, or kept by him as such guardian, or of which ho as aforesaid had the care and management, on the first day of March, A. D. 18 , is also just and true; and that the several rates and amounts therein con•^ tained are stated in legal tender currency. [And deponent further says that the said M. N". has no other income from which the said amount of $1,000, which is exempt by law, may be exempted' and deducted.] ISiffnalure.'] SwoKN [etc., as in Form 858.] 945 6. Claim/or Bemission of Taxes Improperly Assessed. State of , ) ^ County of . ) ' A. B., of the [Jiere give post office address'], of and State and county afore- said, being duly sworn [or affirmed] according to law, deposes, and says that [if a member of a firm on which the tax was assessed, state (he /act here] ; that he was [or tliey were] engaged in the business of ; that upon the day of , A. t>. 18 , he was [or they were] assessed by M. N., assessor of the District of said State, an internal revenue tax of dollars, [Aerc state for or upon what the tax was assessed], which assessment of the aforesaid tax was, as this deponent verily believes, erroneous and improper, for the following rea- sons, viz: [sefting them forth]. And this deponent now claims that, by reason of the afork.-s.iid erroneous assessment of the said sum of dollars, he is [or they are] justly entitled to have the same remitted, and he [or they] now askfs] and demand[s] the same. [bic/nature.] Sworn and subscribed before me, this ) day of , A. D. 18 . f [Signature.] 945 c. Assistant Assessor's Certificate. I HEKEBT CERTIFY that I havB carcfuUy investigated the facts set forth in the within affidavit, and that I believe the statements to be in all respects just and true. [Signature of] Assistant Assessor, Division, District. CHAPTEE XLYni. INSANE PEESONS. In BASE persons are the wards of chancery or the Supreme Court of the State, and their guardianship and the charge of their property may be committed by the court to persons selected in each case for the purpose, vpho are called the committee. By the statutes of New Tork, persons who have become incapable of conducting their own affairs, by reason of habitual drunkenness, may be treated in the same way ; and in this class of cases, if the property be less than $250, the proceedings may be in the County Court.(a) For greater convenience, we present imder this title the forms of proceedings in reference to the custody of the person and property of both lunatics, idiots (a"i 2 Sev. Stat., S2. 4Y6 ABBOTTS' FORMS. Insane Persons. and habitual drunkards, as well as those Trhich are used in commitment of the insane to the public asylums, or poorhouses. I. Inquisition and appointmkkt oi' committee. pahb 946. Petition for a commission of inquiry 476 947. Order that a oommission issue 477 94S. Commission of inquiry as to lunacy, idiocy or habitual drunkenuess. 477 949. Precept requiring the sheriff to summon a jury 478 950. Notice to lunatic, idiot or habitual drunkard of executing com- mission 478 951. "Warrant to produce the alleged insane person 479 952. Subprena to testify before commissioners 479 953. Inquisition of lunacy, idiocy or habitual drunkenness 479 954. Eeturn of the commission to be indorsed thereon 480 955. Order confirming the inquisition, and appointing committee 480 956. Bond of committee 480 957. Approval of bond by the judge 481 958. Commission to the committee of an insane person 481 II. Custody of indigent lunatics. ' 959. Information of lunatic before justices of the peace 482 960. Warrant to confine a lunatic 482 961. Warrant to bring lunatic before magistrate 482 962. Order sending lunatic to the asylum 483 963. Petition to county judge for examination 483 964. Affidavit of physicians 483 965. Subpoena to examine in regard to lunacy 483 966. Certificate of county judge 484 I. Inquisition and Appointment or Committke. 946. Petition for a Oommission Supreme Court. In the matter of A. B., , supposed lunatic [or, idiot, or, habitual drunkard]. To the Supreme Court of the State of The petition of A. B., of , in the county of , respectfully shows : That 0. B., a resident of , and [here state occupation, age, relation to the petitioner, etc., etc.] is now an idiot [or, is now and for past has been a lunatic and of unsound mind ; or, is now and for past has been an habitual drunkard], and is incapable of conducting his own affairs in consequence thereof, as more fully appears by the affidavit hereto annexed.(J) (by Subjoin affidavits, etc., showing the income, etc., and setting forth some evi- facts in detail, informing the conrt as to deuces of the incapacity alleged, and tbe the family and relatives of the person and opinion of a physician, specifying the property, its value, annual INSANE PERSONS. 477 Commission of Inquiry. Wheeefoee, your petitioner prays that a commission, in tlie nature of a writ de lunatioo inquirendo may issue, to inquire of tlie alleged lunacy [or otherwise] of the said 0. B. [Signature.] [ Verification as in Form .] 947. Order That a Commission Issue. [Title as above.] At a special term [etc.] On ebading and filing the petition of A. B., of , dated the day of , 18 , and the affidavits thereto annexed, and on motion of for the petitioner, oedebbd, that a commission in the nature of a writ de lunatico inquirendo he issued out of this court, under its seal and in the usual form, directed to [names of commissioners], of , to inquire, hy a Jury of said county and of the neighborhood where the said 0. B., men- tioned in said petition, resides, of the lunacy [or, idiocy; or, incapacity hy habitual drunkenness] of the said 0. B. ; and that in the said commission be inserted a command to the sheriff of the said county of , requiring him to summon such jury. And it is further ordered, that the said com- mission be executed at , and that days' previous notice of the time and place of such execution be given to the said 0. B., and to the person or persons having the charge of and care of him. And it is further ordered, that upon the execution of the said commission, the person or persons having the charge and custody of the said 0. B., do produce him before the said commissioners and jury, to be inspected and examined by them, whenever required so to do by said commissioners. [Signature of] Clerk. 948. Commission of Inquiry as to Lunacy, Idiocy or Habitual Drunkenness. The People of the State of to [here name the commissioners], of , Know te, that we have assigned to you, or any two or more of yon, to inquire, by the oaths of good and lawful men of our county of , by whom the truth of the matter may be the better known, whether 0. B., of , is a lunatic [or, an idiot], so that he is not sufficient for the government of himself, or the management of his property, or conduct of his affairs' [or, is incapable of conducting his own affairs in consequence of habitual drunkenners] ; and if so, from what time, after what manner, and how he became so, and if the said 0. B., being in that condition, has ahenated any lands and tenements, or not ; and if so, what lands and tene- ments, to what person or persons, when, where, after what manner and how, and what lands and tenements, goods and chattels as yet remain to him ; and of what value the lands and tenements by him alienated, as well as those by him retained are, and how much the issues and profits thereof are by the year, and what is the -v-alue of his goods, chattels and personal estate, and who are the nearer heirs and next of kin of the said 0. B., who will be entitled to his estate in case of his death; and of what age he is. 47S ABBOTTS' FORMS. Inquest Concerninff Insanity, etc. And therefore we command you, or any two or more of you, that at certain days and places, which you shall for that purpose appoint you diligently make inquisition in the premises ; and that you cause reasonable notice of the time and place by you appointed for that purpose, to be given to the said 0. B., and that you send the inquisition which you shall thereupou cause to be made, under your seals, or the seals of any two or more of yon, and the seals of those persons by whom it shall be made, distinctly and plainly, and without delay, to our Supreme Court, together with this writ. And we command the sheriff of the county of , that at certain days and places which you shall make known to him, he cause to come before you, or any two or more of you, so many, and such good and lawful men of your county as you shall direct, by whom the truth of the matters afore- said may bs the better known and inquired into. Witness, M. N., one of the justices of our Supreme Court, at , 'the day of , one thousand eight hundred and iSeal.] [Signature of] Clerk. [Signature of] Attorney. [Indorsed^ " By the court." [Signature of] Clerk. 949. Precept Requiring the Sheriff to Summon a Jury. Bt viETTTB of a commission in the nature of a writ de lunatioo inqnirendo, issued out of and under the seal of the Supreme Court of the State of , dated the day of , to the undersigned, directed to inquire if C. B., of , be a lunatic [or otherwise], you are hereby required * to cause to come and appear before us twenty-four honest and lawful men of the county aforesaid, and of the neighborhood where the said C. B. resides, on the day of , 18 , by o'clock in the noon of the same day, at the in the City Hall in said city, then and there upon their oaths to inquire of the lunacy [or other incapacity] of the said C. B. ; and of all such matters and things as shall be given them in charge by virtue of said commission ; and hereof fail not at your peril. Given under our hands and seals, the day of , one thousand eight hundred and . [Signatures and seals of commissioners.] To the sheriff of the county of 950. Notice to Lunatic, Idiot or Habitual Drunkard, of Executing Com- mission. [Title.] Please take notice, that a commission to inquire as to your alleged lunacy [or other incapacity], issued out of and under the seal of the Supreme Court, and directed to us as commissioners, will be executed at , in , yo. the instant, at o'clock in the noon. [Date.^ [Signatures of] Commissioners. [Address^ INSANE PERSONS. 479 Inquisition. 951. Warrant to Produce the Person of the Alleged Insane Person. [As in Form 949 to the *, continuing thus .•] to produce the said 0. B. before us, at the execution of the said commission, at , in , on the instant, at o'clock in the noon, there to he examined touching the matters aforesaid ; and yon are to give him notice accordingly ; as also to any other person or persons who are guardians of him, or trus- tees of his estate, that they may appear in his behalf if they shall think fit. Given under our hands and seals, this day of , 18 . {Signatures and seals ofl Commissioners. To M. N., or such other person or persons as now have the said 0. B. in their custody. 952. Subpoena to Testify Before Commissioners. \As in Form 949 to the *, continuing thus .•] to personally be and appear before us at the execution of the said commission, at , in said city, on the day of > 18 , at o'clock in the noon, upon oath to testify touching the lunacy \or other incapacity] of the said 0. B., and of all such matters as shall be demanded of you by virtue of the said com- mission ; and thereof fail not at your peril. GiTEU under our hands and seals, the day of , 18 . [Address to witnesses.'] [Signatures and seals of] Commissioners. 953. Inquisition of Lunacy, Idiocy or Habitual Drunkenness. An inqtjisition taken at , in the city of , on the day of , 18 , before [here name the acting commissioners], commissioners appointed by virtue of a commission in the nature of a writ de lunatico in- quirendo, issued out of, and under the seal of the Supreme Court of the State of , dated , directed to and commanding them the said commissioners, to inquire, among other things, of the lunacy [or other in- capacity] of C. B., of . [Here insert namea of jurors], good and lawful men of the said county, who being summoned, sworn and charged, upon their oftth say that the said C. B., at the time of making this inquisition, Is a lunatic, and of unsound mind, and does not enjoy lucid intervals [or, is an idiot], so that he is incapable of the government of himself, or of the man- agement of his lands, tenements, goods and chattels ; and that he has been in the same state of lunacy for the space of last past, and upwards [and here state how he became such], [or, of idiocy from his birth]. [Here state any transfers of property, and any contracts, which it is found the insane person has made while under such incapacity ; also what property he haS, etc., his heirs, etc., according to the requirement of the commission,] In testimont wheeeof, as well the said commissioners as the jurors afore- said, have set their hands and seals to this inquisition, the day and year first above written. [Namei and seals of commissioners and of jurors.] 480 ABBOTTS' FORMS. Committee of Lunatic. 954. Return of the Commission to ie Indorsed Thereon. To the Supreme Court: The execution of this commission appears in the schedules hereunto annexed. [Signatures of] Commissioners. [Date.] [Annex the proceedings, marJced as schedules.^ 955. Order Confirming the Inquisition and Appointing Committee.(e) [Title as in Form 946.] At a special term [etc.] On beading and filing the inquisition in this matter, dated the day of , 18 , and on motion of , of counsel for the petitioner, and after hearing , of counsel [or, and no one appearing] in opposition thereto ; oedeeed, that the finding of the jury, upon the execution of the said commission as set forth in the said inquisition, be, and the same is hereby confirmed ; and that [names of committee} he, andi they are hereby appointed, the committee of the person and estate of the said 0. B., upon their giving a bond with two sufficient sureties, to be approved by one of the justices of this court, in the penalty of dollars [double the value of the property as found hy the inquisition} conditioned for the faithful per- formance of their trust, according to the statute, and to account whenever required, in conformity with the rules and practice of this court. And it is further ordered, that upon filing such bond, a commission may be issued to such committee, under the seal of this court. 956. Bond of Committee. [Penal clause as in other cases, running to the People of the State. See Form 443.] Whereas, by an order of the Supreme Court of the said State, made this day of , 18 , the above-hounden [names of committee] were ap- pointed a committee of the person and estate of C. B., who, by an inquisi- tion taken under a commission issued out of said court, had previously thereto been found to be a lunatic [or state other incapacity], upon their giving the bond required by the said order : Now, therefore, the condition of this obligation is such, that if the above-bounden [names of coi^miitec] shall faithfully perform the trust reposed in them as such committee, ac- cording to the statute, and shall render an account whenever required, in conformity with the rules and practice of the said court, and shall observe the orders and directions of the said court in relation to such trust, then this obligation to be void ; otherwise, to be and remain in full force and vii'tue. [Signatures and seals.] In presence of [Signature of witness.] [Add achnowledgment, and affidavit of sureties, as in Forms7Q9i 071^793.] (o) To be moved for on notice, as in other cases of motions in court. INSANE PERSONS. 481 ConimisBioii. 967. Approval of Bond ly the Judge. ^ approve of the within bond, as to its form and manner of execution. [Date.'] [Signature.] 958. Gommission to the Committee of An Insane Person. The People of the State of New York, to all to whom these presents shall come, greeting: Wheeeas, by an inquisition taken at , in the city of , on the day of 1 18 , by virtue of our commission, in the nature of a writ de lunatico inquirendo, in that behalf duly made and issued, it was found, among other things, that the said 0. B,, at the time of taking the said Jhquisition, was a lunatic, not having Incid intervals [or state other in- capacity], so that he was incapable of the government of himself, or of the management of his lands, tenements, goods and chattels, and of the conduct of his affairs, as by the said inquisition remaining of record in our Supreme Court may more fully appear ; for the care and custody of whom, and for the management of whose estate, it belongs to us, in our Supreme Court, to provide. And whereas sufficient security is given to us on behalf of the Siiid C. B. by '\here name committee] : Now, theeefore, know ye, that we have given, granted and committed, and by those presents do give, grant and commit, unto the said [name committee] the care and custody of the person, and the possession, care and management of the estate, as well real as per- sonal, of the said 0. B. until otherwise ordered by the court. And the said lnam,ing committee] are hereby required, within six months from the date of these presents, to return and file in the office of the clerk of the county of , a just and true inventory, under oath, of the wliole real and per- sonal estate of the said C. B., stating the income and profits thereof, and the debts, credits and effects of the said 0. B., so far as the same shall have come to the knowledge of the said committee, or either of them, and that out of the said estate, or the rents, issues and profits thereof, they provide for the maintenance, sustenance and support of the said 0. B. and his fam- ily; and that annually thereafter the said committee file in the office of the said clerk a similar inventory, and an account, under oath, of the manage- ment of the said trust, and of all other property or effects belonging to the said estate, which they shall have since discovered, as required by the statutes and the rules of this court. And the said committee are, and each of them is, further required to abide and obey all and every such order or orders in the premises as may hereafter be made in our said court, and to render a full and just account of the execution of the said ti-ust, and of the estate, property and effects which shall have come to their hands, or the hands of either of them, when and as often as required by our said court. Witness [etc., as in Form 948]. 31 482 ABBOTTS' FORMS. Lunatics. n. OusTODT OP Indisbnt Liwatios. 959. Information of Lunatic Before Justices of the Peace. Town of , ) >ss. County of A. B., being duly sworn, says, that Y. Z., of said town, is so far disordered in his mind as to endanger his own person, or the person or property ot others if permitted to go at large, and that said T. Z. is now permitted to go at large by his friends, and that no committee of his person has been appointed [or, that said Y. Z. has no property or parents or children] to the knowledge or belief of this deponent. Subscribed and sworn before us, ) [Signature.] this day of , 18 . ) , [Signatures of two] Justices of the Peace. 960. ]farrant to Confme a Lunatic. To the constables and overseers of the poor of the town [or, city] of , in the county of : Y. Z., a lunatic, having been found in said town, so far disordered in his mind as to endanger his own person, and the person or property of others, if permitted to go at large, and no provision having been made, either by the relatives or any committee, for confining or maintaining such lunatic, the undersigned, two of the justices of the peace of said town [or, city], on the application of the overseers of the poor of said town [or^ upon our owti view], being satisfied upon examination [or, upon information on oath to us given], that the said Y. Z. sh'ould be forthwith confined ; you are, therefore, hereby commanded to cause the said lunatic to be safely locked up in such secure place as said overseers may provide, in conformity to law. Given under our hands, at , this day of , 18 . [Signaimres of two] Justices. 961. Warrant to Bring Lunatic Before Magistrate. To any constable of the town [or, city] of , in the county of Application having been made to theundersigned, two of the justices of the peace of the said town [or, the county judge of said county], by A. B. [or, by the overseers of the poor of said town] alleging that Y. Z., an in- habitant of said town, is so far disordered in his mind as to endanger his own person, or the person or property of others, if sufi'ered to go at large : You AEE, THEEEFOEK, commanded, in the name of the People of the State 01 , to apprehend the said Y. Z. and bring him before us forthwith, at , in said , that we [or, I] may examine in regard to the said Y. Z , and make such further order in the premises as may be proper. [Signature and title.] INSANE PERSONS. 483 Custody of Indigent Lunatics. 962. Ord^r Sending Lunaiio to the Asylum. CotTNTT OF , as. Wb, the undersigned, county superintendents of the poor of the county of , hereby order that Y. Z., a lunatic, who is chargeable to the [town of , in] said county, be sent to the lunatic asylum in the city of , the expense of which support at the asylum is to be paid by the treasurer ot said county of Given under our hands, at , this day of , 18 . [Signatures of the] Superintendents of the Poor. 963. Petition to County Judge/or Examination. To the Hon. M. N., county judge of the county of : The petition of A. B., of the town of , in said county, respectfully shows, that T. Z., a resident of said town, is a lunatic, and is now in the care and custody of , of said town [or, is wandering about in such manner as to endanger his own person, or the person and property of other persons], that he is in indigent circumstances, and has no property either in his own possession, or held by any person in trust for him, sufficient for the support of himself [and his family] in the condition of insanity aforesaid. Wheeefoeb, your petitioner prays that an examination of the case may be had according to the statute. [Signature.] [Date.] [Add verification, as in Form 836.] 964. Affida/eit of Physicians. County of , ss. M. N. and O. P., physicians of the town of , being severally sworn, each for himself, says, that he has carefully examined into the mental state and condition of Y. Z., particularly in reference to his alleged lunacy or in- sanity, and tha,t in his opinion, derived from such examination, the said Y. Z. is a oonflrmed lunatic, and that his going at large would endanger his own person and the person and property of others. [Signatures.] SwoEN [etc., as in Form ! 965. Sulpana to Examine in Regard to Lunacy. State of , ss. [Address to witnesses.] In the name of the People of the State of , you are hereby com- manded to appear before the undersigned, at in the city of , immediately [or, on the day of ; 18 , at o'clock in the noon], to give evidence touching the mental condition and the circum- stances of Y. Z., of ; and hereof fail not at your peril. Witness my hand, at , this day of , 18 . [Signature and title of county judge.] i84 ABBOTTS' FOEMS. Insolvency. 966. Gertiflcate of County Judge. In the matter of Y. Z., an alleged >■ indigent lunatic. County of , ss. AppiioATiON having been made to me by A. B. [or, by the overseers of the poor] of the town of , for an examination in regard to the mental state and alleged indigence of Y. Z., of said town ; I thereupon directed [naming them] two reputable physicians of said town to examine the said Y. Z. in regard to his mental condition ; and they having made such ex aminatiou, and having certified to me that the said Y. Z. is a confirmed luna tic, and that his going at large would endanger his own person and the per son and property of others ; and having received proof that he is in indi gent circumstances : I heeebt oeetify that it satisfactorily appears to me, from said evidence and proof, that the said Y. Z. is a lunatic, and that ha has not sufficient estate of any kind for the support of himself [and hia family] in his aforesaid state and condition. WiTNKSS ""eic, as in preceding forni]. CHAPTEE XLIX. INSOLVENCY. TJndbb the statutes of New York, an insolvent debtor may in certain cases ob- tain a discharge from his debts, upon executing an assignment of all his estate for the benefit of Ms creditors. The petition for that purpose must be signed by the debtor and by so many of his creditors residing in the United States as have debts [owing to them in good faith by such debtor], either due or to become due, and amoimting to at least two-tlurds of all liie debts owing by him to creditors residing within the United States. Executors and adminis- trators may become petitioning creditors by obtaining leave of the tarrogate, themselves then becoming liable only for such portion as they receive. Trus- tees, receivers and assignees of the estate of any creditor of an insolvent may also apply by leave of the Supreme Court. Creditors of any copartnership firm or of any joint debtors may unite with any one or more of such firm or joint debtors for the discharge of such partner or joint debtor. Such petitions are to be presented to a justice of the Supreme 6ourt, a county judge or the recorder of a city. The things necessary to give the officer jurisdiction, so as to make his pro- ceedings and his discharge conclusive, are as follows :{a) — 1. A petition signed by the debtor and two-thirds in amount of his creditors residing within the United States. 3. The affidavits of the petitioning creditors, taken before an officer authorized to take affidavits to be read in courts of record, to the (a) Kusher v. Sherman, 28 £ari., 416. INSOLVENCY. 485 Petition. Binoiint, nature and consideration of the debt, and that the creditor has re- ceived nothing to become a petitioner. 3. A full and true account of creditors, the amounts due, the consideration, a statement of any security, and a full in- ventory. 4. An affidavit by the petitioner, before the oflBcer to whom the pe- tition is made,(6) of the correctness of Ms petition, etc. 5. Proof of residence within the county where the officer resides. PAGR 967. Petition for discharge 485 968. Affidavit to the insolvent's residence 486 969. Af^davit of a petitioning creditor 486 970. The same; by a copartner 486 971. Affidavit of residence of the creditors 487 972. Schedule of insolvent's debts 487 973. Inventory of assets 847 974. Affidavit of the insolvent to his proceedings 488 975. Order requiring creditors to show cause 488 976. Notice for publication 489 977. Affidavit of publication 489 978. Notice for service on creditors 489 979. Affidavit of service 490 980. Order directing assignment to be made 490 981. Assignment by insolvent 490 982. Certificate that it has been made 491 98S. Discharge 491 984. Oath of assignee '. 492 985. Notice to creditors, etc 492 986. Petition after action comiuenoed, or pending proceedings under non-imprisr ment act 498 967. Petition for Discharge.{c) To Hon. M. K, county judge in and for the county of : The petition of A. B., of the city of , county of , an insolvent debtor, now actually an inhabitant of the said city, and so many of Ms creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States, prays that the estate of the said insolvent may be assigned unto {here name the] assignee nominated by the said creditors to receive the same for the benefit of his creditors ; and further, that the said insolvent may be discharged from his debts, according to the provisions of the stktute for the discharge of an insolvent from his debts. [Signature of insolvent] [Date.] [Add signatures of petitioning creditors, with the sums due them set oppo- site their names.(d)] (b) It is indispensable tliat the affidavit charge was void. Small -u. Wheaton, 2 required to be made by the petitioner, Abbotts' Pi:, 175; S. C, 4 E. £>. Smith, and annexed to his petition, should be 306. Bworn to before the officer to whom the (c) Tiiisand the following sixteen forms petition is presented. Whereit appeared are sustained by Sonle v. Chase, 19 .44- that tlie affidavit was sworn before acorn- boM Fr., jnissioner of ifAa, Held, that the dis- (d) If anyone liolds a mcrtgage, judg- 486 ABBOTTS' FORMS. Insolvency. 968. Affidavit to the Insohent's Residence.(e) OOTIKTT OF , IS. I, O. p., do swear that A. B., in the annexed petition named, is an in- habitant actually residing within the city of , county of SwoEN before me, this day I [Signature^ of , 18 . f [Signature of] County Judge. 969. Affidavit of a Petitioning Creditor. COUNTTOF , ss. 0. D., of , one of the petitioning creditors of A. B., an insolvent debtor, being duly sworn, says, that the sum of dollars, lawful money of the United States, being the sum annexed to the name of this deponent, subscribed to the petition, is justly due to him from the said insolvent for goods, wares and merchandise, sold and delivered [or, for cash lent and ad- vanced] by deponent to said A. B. [and if any security has been tahen there- for, specify it — e.g., thus:] secured by the note of A. B., dated the day of 5 18 , and due after date [or, by note of , dated, etc., etc., and indorsed by said A. B.] ; and that neither he, nor any person to his use, has received from the said insolvent, or any other person, payment of any demand, or any part thereof, in money or In any way whatever, or any gift or reward whatsoever, upon any express or implied trust or con- fidence, that he should become a petitioner for the said insolvent. SwoEN [etc., as in Form 858]. [Signature.l 970. Affidavit of a Partner, Where a Firm Unite in the Petition. County of , ss. 0. D., of , a partner of the firm or copartnership of 0. D. & Co., of , and who, as one of the copartners, and in their behalf, has sub- scribed to the petition the name or firm of their said copartnership, as pe- titioning creditors of A. B., an insolvent debtor, being duly sworn, says, that the sura of dollars, lawful money of the United States, being the sum annexed to the name of the said copartnership subscribed to the peti- tion, is justly due to them from the said insolvent, for [here state the debt, and security, if any, as in preceding form, continuing :] and that neither he, nor any member of said firm, nor any person to his or their use, hath received from the said insolvent, or any other person, payment of any de- mand, or any part thereof, in money, or in any other way whatever, or any gift or reward whatsoever, upon any express or implied trust or confidence, ment or other Beourity on the real or per- nate the security] for the benefit of all the Bonal property of the debtor, lie nuist add creditors of such debtor." to his signature, " And 1 hereby relinquish («) This affidavit ia oommoaly made by to the assignees who shall be appointed the assignee. pursuant to this petiti m the [here desig- INSOLVENCY. 487 Insolvent's debts. Assets. that he or they should become a petitioner or petitioners for the said insol- vent. {Signature of the partner.] SwoKN [etc., as in Form 855]. 971. Affidavit of Residence of the Creditors. Before the Hon. M. N., county judge of County. In the matter of the application of I A. B., an insolvent debtor, together I with his creditors, for a discharge from his debts. County of , as. A. B., the above-named insolvent, being duly sworn, says that the places of residence of the creditors of this deponent residing in the United States, where such place is known to deponent, are as foUows — that is to say : [Names of creditors.'] [Places of residence.] SwoKN [etc., as in Form 858]. [Signature.] 972. Schedule of Insolvent's Deits. A full and true account of all the creditors of A. B., an insolvent debtor, with the place of residence of each, the sum owing to each of them by the said insolvent, the nature of each debt, with the true cause and consideration thereof, and the place where the same accrued. OEEDITORS. Smith &Co Taylor & Co.... John Kobinson. John Cox Lncian Boberts. RESIDEMTOE. New York Boston It Philadelphia. . . . Montgomery Co. $269.42 402.84 5,699.19 425.00 583.82 NATURE OF DEBT, AND THE TRUE CAUSE AND CON- SIDERATION THEREOF. Promissory notes for merchandise sold and delivered Promissory notes for merchandise sold and delivered and a book account Endorsement on promis- sory note for goods, wares and merchan- dise Book account for mer- chandise sold and de- livered ■ Judgment docketed Sep- tember 26, 1860, for cash loaned and ad- vanced ACCRUED AT New York.- Boston. New York. Montgomery Co. [Sic, setting forth all, and adding signature of insolvent.] 973. Inventory of Insoliient''s Assets. A Fuu, and true inventory of all the estate, both real and personal, in law and eqnity, of A. B., of , an insolvent debtor, of the enoum- i88 ABBOTTS' FORMS. Insolvency. branoea existing thereon, and of all the books, vouchers and securities re- lating thereto, and the value of such estate. Real estate, none [or, if any, describe it; and specify other property thus .•] Necessary wearing apparel, all of which is exempted by law from execu- tion. Book debts amounting to dollars, not collectable. Check of B. 0. on the Bank for dollars, due last , and protested for non-payment. [Date.'] {Signature of insolvent.'] 974. Affidavit of the Insolvent to Sis Proceedings. I, A. B., do swear, that the account of my creditors, and the inventory of my estate, which are annexed to my petition and herewith delivered, are in all respects just and true ; and that I have not, at any time or in any manner whatsoever, disposed of or made over any part of my estate, for the future benefit of myself or my family, or in order to defraud any of my creditors ; and that I have in no instance created or acknowledged a debt for a greater sum than I honestly and truly owed ; and that I have not paid, secured to be paid, or in any way compounded with any of my cred- itors, with a view fraudulently to obtain the prayer of my petition. " Sworn to and subscribed in the ) . [Signnture.] presence of and before me, this day of 18 . {Signature of the judge.] 975. Order Requiring Creditors to Show Cause. It is heeeby oedeeed, that all the creditors of A. B., an insolvent debtor, be required to show cause, if any they have, before me, on the day of next, at o'clock in the noon, at , at the City HaU in the city of , why an assignment of the said insolvent's es- tate should not be made, and he be discharged from his debts, pursuant to the provisions of the statute for the discharge of an insolvent from his debts. Notice of which is to be published for ten weeks in the State paper, and in the newspaper printed in the city of , entitled the , and the newspaper printed in the city of , entitled the . And I hereby direct that notice of this order be served either in person or by letter, on each of the creditors of the said A. B., insolvent, residing in the United States, and whose place of residence is known to the said A. B., in- solvent. And the service of the notice of this order shall be made on each of the said creditors, in person or by letter, addressed to him by mail, at his known and usual place of residence. If such service shall be personal, then it shall be at least twenty days, and if by maU, then forty days, before the said day of next. [Date.] [Signature of] County Judge, County. INSOLVENCY. , 4S9 Publication of Notice. '976. Notice for Pullieation. Notice of application for the discharge of an insolvent from his debts, pursuant to the provision of the 3d article of the Ist title of the 5th chapter of the 2d part of the Revised Statutes. A. B., of the city of , county of . Notice first published the day of , 18 . Creditors to appear before the Hon. M. N., county judge, in and for the county of , at his chambers, at the City HaU, city of , on the day of next, at o'clock in the Soon. [Signature and address of the insolvent or his attorney^ 977. Affidavit of Publication. ComrrT or , «s. R. S., of , being duly sworn, says, that he is a clerk in the office of the , a daily paper printed and published in the city of , and that the notice, of which a printed copy is annexed, has been regularly published in the said , once a week for ten weeks suc- cessively, commencing on the day of , 18 . SwoEN [etc., as in Form 958]. [Signature.] 978. Notice for Service on (^editors. Before the Hon. M. N., cotmty judge of County. In the Matter of the application of A. B., an insolvent debtor, to- gether with his creditors, etc., pursuant to art. 3, chap. 5, title 1, part 2, of the Revised Statutes. Please take notice, that on the day of , in the year one thou- sand eight hundred and , , an order was" granted by M. N., county judge, in and for the county of , on the petition of A. B., of , an insolvent debtor, and so many of his creditors, residing within the United Statci^, whose debts amounted to at least two-thirds of all the debts owing by the said A. B. to creditors residing within the United States, requiring all the creditors of the said A. B. to show cause before said judge at his chambers, at the City Hall, city of , on the day of , 18 , at o'clock in the noon of that day, why an assignment of the es- tate of said A. B. should not be made, and he be discharged from his debts, pursuant to the provisions of the third article of the fifth chapter of the first title of the second part of the Revised Statutes. [Bate.] ■ [Signature and address of insolvent or his attorney^ 490 ABBOTTS' FORMS. Order for Assignment. 979. Affidavit of Service. COUNTT OF , ss. Gr. H., of said city, being duly sworn, says, that he served a notice in writing, of which the foregoing is a true copy, on each of the following named persons, on the days and in the manner next herein specified — that is to say : Day of Service. Names of Creditors. Manner of Service. June 29, 1866 Smith & Oo Served personally. " 30, " "Williamstown Manufacturing Co By mail. [Thus setting forth a list of all.] And deponent further says, that the notices referred to above, as being sent by mail, were served on the said several parties, by being deposited in the post-office, in the city of , and paying the legal postage thereon, and by being addressed to the said several and respective parties at their usual and known places of residence, and the places of residence mentioned in the schedule in these proceedings. SwoEN [etc., as in Form 858]. [Signature.] 980. Order Directing Assignment to Be Made. Whbbbas, a. B., an insolvent debtor, did, in conjunction with so many of his creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirda of all the debts owing by him to creditors residing within the United States, present a petition to me for the purpose of being discharged from his debts, pursuant to the provisions of the third article of the first title of the fifth chapter of the second part of the Revised Statutes ; upon hearing which it satisfactorily appeared to me that the said insolvent is justly and truly in- debted to the petitioning creditors in the sums by them respectively men- tioned in their affidavits annexed to the petition ; that such sums amount in the aggregate to two-thirds of ail the debts owing by him, at the time ot presenting his petition, to creditors residing within the United States, and that he has honestly and fairly given a true account of his estate, and has in all things conformed to the matters required of him by the said article. I do therefore direct that all assignment be made by the said insolvent to Y. Z., assignee, nominated by the said creditors, of all his estate, both in law and equity, in possession, reversion or remainder, excepting wearing apparel and bedding as is reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. [Date.] [Signature of] County Judge of County. 981. Assignment ly Insolvent. Know all men by these presents, that I, A. B., having become insolvent, did, in conjunction with so many of my creditors, residing within the United States, whose debts in good faith amount to two-thirds of aU the INSOLVENCY. 4,91 Discharge. debts owing by me to creditors residing -within the United States, present a petition to the Hon. M. N., county judge in and for the county of , praying for relief, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged fi:om his debts; whereupon the said jndge ordered notice to be given to all my creditors to show cause, if any they had, before him, at a certain day and place, why the prayer of the petitioner should not be granted ; which notice was duly published, and no good cause appearing to the contrary, he being satisfied that the proceed- ings were just and fair, and that I had in all things conformed to those matters required by the said statute, directed an assignment of all my es- tate to be made by me for the benefit of all my creditors : Now, THEEEFOEE, KNOW TE, that in Conformity to the said direction, I have granted, released, assigned and set over, and by these presents do grant, release, assign and set over unto Y. Z., assignee, nominated to receive the same, all my estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securi- ties relating thereto, to hold the same unto the said assignee to and for the use of all my creditors. In witness whebeof, I have hereunto set my hand and seal, this day of , in the year one thousand eight hundred and Signed, sealed and delivered,? [Signature and seal.] in the presence of f [Signatures of witnesses.l [Add Acknowledgment or proof by subscribing witness, as in case of a deed .. seepages 55, 59 and 60.] 982. Certificate That the Assignment Eos Been Made. I, Y. Z., do hereby certify, that A. B., an insolvent debtor, has this day granted, conveyed, assigned and delivered to me for the use and benefit of all his creditors, all his estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securities relating to the same, except such articles of wearing^ apparel and bedding as are reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. In witness [etc., and achnowledgment or proof as in form above]. 983. Discharge of Insohent, To all to whom these presents shall come or may concern : I, M. N., county judge in and for the county of , send greeting: Whekeas, a. B., of the city of , an insolvent debtor, residing within the said city, did, in conjunction with so many of his creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two- thirds of all the debts owing by him to creditors residing within the United States, present a petition to me, 493 ABBOTTS' FORMS. Discharge in Insolvency. praying that the estate of the said insolvent might he assigned for the benefit of his creditors, and he he discharged from his debts, pursuant to the pro- vision of the statute authorizing an insolvent debtor to be discharged from his debts ; wliereupon, I ordered notice to De given to all the creditors of the said insolvent to show cause, if any they had, before me, at a certain time and place, why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts, proof of the due publi- cation and due service whereof hath been duly made to me. And whereas it satisfactorily appears to me, that the doings on the part of the insolvent and the creditors are just and fair, and that the said insol- vent has conformed in all things to those matters required of him by the said statute, I directed an assignment to be made by the said insolvent, of all Lis estate, real and personal, both in law and equity, in possession, reversion, or remainder, to T. Z., assignee nominated by the creditors to receive the same, and the said insolvent having, on the day of , 18 , made such assignment, and produced to me a certificate thereof, executed by the said assignee, and duly proved, and also a certificate of the clerk of this county, that such assignment is duly recorded in his ofiice : Now, theeefoee, know ye, that by virtue of the power and authority in me vested, I do hereby discharge the said insolvent from all his debts and from imprisonment, pur- suant to the provisions of the said statute. In witness wheeboe, I have hereunto set my hand and seal, the day of , in the year of oui- Lord one thousand eight hundred and [Signature and seal of} County Judge, County. 984. Oath of Assignee. OOTTNTY OP , SS. I, Y. Z., having been appointed assignee of A. B., an insolvent debtor, do swear that I will well and truly execute the trust by that appointment reposed in me, according to the best of my skill and understanding. SwoEN [etc., as in Form 858]. [Signature.] 986. Notice iy the Assignees to the Creditors, etc. Notice Is hereby given, pursuant to the statute, that the undersigned has been appointed assignee of A. B., an insolvent debtor. All persons indebted to the said debtor are hereby required on or before the day of , 18 , to render an account of all moneys owing by them respectively, to the undersigned assignee, and to pay the same ; and all persons having in their possession any property of such debtor, to deliver the same to the undersigned by said day ; and all creditors of such debtor to deliver their respective accounts and demands to the undersigned by said day. [Signature and address of assignee.] [Date.] INSURANCE. 493 General Principles. 986. Petition After Action Commenced, or Pending Proceedings, Under Non-Imprisonment Act.(J') "^p tlie Hon. M. IT., judge [etc., as the case may he]. The petition of A, B., of the town of , in the county of , respectfully shows : I. That an action has been commenced against him in a court of record, in which, by the provisions of the act to abolish imprisonment for debt, and to punish fraudulent debtors, he cannot be arrested or imprisoned [or state proceedings had under the statute]. II. That the said action is brought by Q. E., in the Court of this . State, and was commenced by summons, served upon the said petitioner on the day of , 18 . Wheebfobe, your petitioner prays that his property may be assigned, and that he may have the benefit of the provisions of the said act. [Signature.] CHAPTEE L. INSUEAKCE. Companies for transacting the business of insurance are formed either by special charter, or by organization under general laws of the State in which they are formed, authorizing such companies to become incorporated. The statutes must be taken as the guide for this purpose ; but the general form of certificates for forming corporations under such laws will be seen on referring to the cliapter on MAiTCTFACTDErNG Oohpokatiohs. The fm-ms of policies of insurance are settled and printed by the companies issuing them. The blanks ought to be so filled as to specify the parties, the rate of premium, the subject or thing Issued, the risks insured against, the period during which the insurance is to continue ; and in general it is desirable that the interest of the insured should be specified. When the name of the person intended to be insured is specified in the policy, the insurance can apply only to his own proper interest. But the fact that the person named acts as agent or trustee, and that his principal or beneficiary is the real party in interest, is sufiioiently shown by describing the person named as agent or as trustee, and it is not essential to name the principal or beneficiary. Where a partner or part owner is named, the terms of the policy should be such as are applicable to the joint interest, if it is desired to cover the interest of his co-tenants. Where the owner of property mortgaged effects insurance in his own name, providing that the loss, if any, is payable to the mortgagee, or assigns to him a policy ^vith the insurers' assent, the insurance is still deemed to be upon the (/) The verification schedules and other the preliminary recitals, and declaring proceedings except notice will be similar thedebtormerely" exonerated from being to the preceding forms, and the discharge proceeded against by any creditor entitled wilJ be in similar form, varying, however, to a dividend of his estate." 494 ABBOTTS' FORMS. Insnrauoe. interest of the mortgagor, and any act of his which will render the policy void ■will have the same effect as against the mortgagee. Notices of Abandonment and Protests relating to marine losses form the subject of separate chapters. Fire policies usually contain a condition requiring in substance that person* sustaining loss or damage by fire shall forthwith give written notice thereof to the company, and as soon after as possible deliver as particular an accoimt of their loss and damage as the nature of the case will admit, signed with their own hands ; and accompany the same with their oath or aflGrmation, declaring the account to be true and just ; showing, also, the ownership of the property insured ; what other insurance, if any, existed on the same property, and giving a copy of the written portion of the policy of each company ; what was the whole cash value of the subject insured ; what was their interest therein ; in what manner (as to trade, manufactory, merchandise, or otherwise) the build- ing insured, or containing the subject insured, and the several parts thereof, were occupied at the time of the loss ; who were the occupants of such build- ing ; and when and how the fire originated, so far as they know or believe. And also produce a certificate, under the hand and seal of a magistrate, or notary public, most contiguous to the place of the fire, and not concerned in the loss as a creditor or otherwise, or related to the insured or sufferers, stating that he has examined the circumstances attending the fire, loss, or damage alleged ; and that he is acquainted with the character and circumstances of the insured, and that he verily believes that they have, by misfortune, and without fraud or evil practice, sustained loss and damage on the subject insured, to the amount which such magistrate or notary public shall certify. The condition that notice of loss be given " forthwith," is satisfied by due and reasonable diligence. Notice on the same day is not absolutely necessary The condition that the insured shall deliver a particular account of loss, etc., is to be construed as requiring only as full and accurate an inventory and statement as the party, free from fraud or fault, is able to furnish. Where all his means for making an accurate statement and inventory are consumed with the merchandise insured, a statement, verified by oath, showing this fact, and that the property covered by the policy and destroyed was at least of the value of a sum named, is a sufiicient compliance with the condition. Nor does the fact that he afterwards attempted, at the request of the company, to make a more particular statement from recollection and estimate, tend to invalidate the truth of the statement. If, when the preliminary proofe are presented, the insurer does not object to their suflficiency, but places a refusal to pay the loss, specifically on some other ground, it is an admission of their sufficiency, or a waiver of proof. Good faith on the part of the insurers requires that if they mean to insist upon a merely formal defect in the preliminary proofs, they should apprise the insured of the nature of the objection, so as to give him an opportunity of supplying the defect. PAGB 987. Immediate notice of loss 494 988. Preliminary proofs 495 989. Certificate of magistrate 496 990. Schedule of property, and appraisal 497 987. Immediate Notice of Loss. to the Insurance Oompany of : My , situated on street, in , insured by your company by policy No. , was injured [or, destroyed] by fire this morning. The oriain of the fire [or, is to me unknown]. Full proofs of the loss will be duly forwarded to you, as soon as they are prepared. {SigTMture^ ' [Date.] INSUEANOE. 495 Proofs of loss. 988. Preliminary Proofs of Loss. State of , ) County of . ) ' To the Insurance Oompany of : Be it known, that on this day of , A. d. 18 , before me [here insert name and title of magistrate] duly commissioned and sworn, and re- Biding in the town [or, city] of , in the county and State aforesaid, personally appeared [name of insured or assignees]{a) who being duly sworn, depose and say, and each for himself says, that the following state- ment and the papers therein referred to and signed with his [or, their] own hand contains a particular, just and true account of his [or, their] loss in the words and figures following — to wit : I. That on the day of , a. d. 18 , the Insurance Oompany of , by their policy of insurance, numbered , issued by them [or, by M. ¥., their agent] at , in the State of , did insure the party herein and therein named against loss or damage by fire to the amount of [here gice the written portion of the policy in full] for the term of from the day of , a. d. 18 , to the day of , a. d. 18 , at noon [which said policy was subsequently continued in force by renewal, until the day of , a. d. 18 , at noon]. n. That in addition to the amount covered by said policy of said com- pany, there was no other insurance thereon [or, if any, say, there was other insurance made thereon to the amount of dollars, as specified in the accompanying schedule(J), showing the name of each com- pany, and the written portions of each policy, besides which there was no other insurance thereon]. III. That the actual cash value of the property so insured amounted to the sum of dollars [if the loss is on buildings, give their value, exclu- sive of land, cellar and foundations] at the time immediately preceding the fire, as will appear by the annexed schedule, showing a full and accurate desciiption of each kind of property, and the value of the game, with the damage or loss on each stated separately. IV. That the property insured belonged to [if real estate, state whether it is owned in fee-simple or held on lease. If the property ie held in trust or on commission, state in the schedule the names of the owners, marks and numbers, and the insurance, if any, by the owners or consignees]. V. That the building insured, or containing the property destroyed or damaged, was occupied in its several parts by the parties hereinafter named, and for the following purposes — to wit [designating them], and for no other purposes whatever. (a) One holding the policy as assignee, (J) Iftherebeany additional insurance, with consent of the insurer, is the proper annex a schedule of it, giving the name of person to give notice oi loss, under the eachcompany, the date and term of policy, clause requiring notice of the loss from the rate of premium, and the entire writ- persons insured. Cornell v, Le Boy, 9 ten portion of each policy. Wend., 163. 496 ABBOTTS' FOEMS. Insurance. VI. That on the day of , a. d. ] 8 , a fire occurred by which the property insured was injured or destroyed to the amount of dol- lars, as set forth in the statement, and the several schedules and paper,s hereunto annexed, which the deponent declares to be a just, true and faith- ful account of his [or, their] loss as far as he has [or, they have] been able to ascertain the same. And the insured claim of the Insurance Company, the sum of $ , as follows : $ on $ on [etc., making the subdivUions of the amount claimed to correspond with the subdivisions of the policy. 1 I Total arnount claimed. Vn. That the fire originated \here state all you Tcnow about the origin oj thejire]. And the said deponent further declares that the said fire did not originate by any act, design or procurement on his [or, their] part, or in consequence of any fraud or evil praptSpe done or suffered by him [or, them], and that nothing has been done by or with his [or, their] privity or consent to violate the conditions of insurance, or render void the policy aforesaid. WiTHESs my hand [or, our hands], at , in the county of , and State of , this day of , a. d. 18 . [Signature.} Subscribed and sworn to before me, ) this day of , a. d. 18 . ) [Signature of officer.] 989. Certificate of Magistrate. State of , 1 ^^ County of . J ' I [here insert name and title of magistrate'], residing in , most con- tiguous to the property hereinbefore described, (c) hereby certify that I am not concerned in the loss or claim above set forth, either as a creditor or otherwise, or related to the insured or suiFerers((:Z) ; that I have examined the circumstances attending the fire, or damage as alleged ; and that I am well acquainted with the character and circumstances of the insured, and do verily believe that he has [or, they have], by misfortune, and without fraud or evil practice, sustained loss and damage on the property insured to the amount of dollars. In TBSTiMONT WHEEEOF, I have hereunto set my hand and [oflScial] seal, this day of , a. d. 18 . [Signature, title and seal.] (e) The office of the magistrate, ratlier {d) The certificate of the magistrate as than his dwelling, may be considered as to the loss, stating that he was not inte- determiuing his contiguity ; and a certifl- rested, etc., is prima-faeie evidence of the cate of a magistrate is sufficient, though a fact. Slight evidence that he was the notary lives a few feet nearer to the place nearest justice suffices, Cornell v, Le of the fire. Turley v. North American Koy, 9 Wend., 16S, Fire Ins. Co., 25 Wend., 374. INTEREST. 497 Eulos for the Computation of Interest. 990. Schedule of Property^ a-nd Appraisal. The undeebig-ned hereby certify that the annexed is a schedule of tlie property of , damaged by on the day of ,a.d. 18 , at , the damage on which was fixed by the undersigned on the day of , A. D. 18 . QUANTTTY. NAMES OF AKTIOLES AKD MAKES. ACTUAL CASH VALUE AS SOnNB. APPRAISED DAMAGES. Partioulur. Aggregate. Particular. Aggregate. [Signatures of appraisers.] CHAPTEE LI. INTEREST. Computation. — When interest is to be computed by months, a month is to be taken to be one-twelfth of a year ; and the first table given below is appro- priate for computing the interest in such cases. But when interest is expressed to be computable by days, each day is re- garded as the 365th part of a year, and in such cases the second table is the appropriate one. In commercial affairs, the calculation of interest on cents is not generally practised, the usage being to increase the number of dollars by one, when there are fifty or more cents, and to disregard the cents when there are less than fifty. Partial Payments. — The rule for casting interest when partial payments have been made, is to apply the payment, in the first place, to the discharge of the interest then due. If the payment exceeds the interest, the surplus goes towards discharging the principal, and the subsequent interest is to be com- puted on the balance of principal remaining due. If the payment is less than the interest, the surplus of interest must not be taken to augment the principal : but interest continues on the former principal until the period when the pay- ments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal, and interest is to be computed on the balance. Compound interest, or interest calculated upon unpaid interest, is not in general coUeetable, unless there is an express agreement made after the interest has become dTie> that it shall bear interest. 32 498 ABBOTTS' FOEMS. Tables for Computing Interest. 991. Talle, Showing the Interest on Sums from $10 to $5,000, for Fifteen Days, One Month, and for One Year, at Six and at Seven per Cent. 15 DATS. 1 MONTH. 1 TEAE. 6 per ct. 7 per ct. 6 per ct. 7 per ot. 6 per ct. 7 per ct. $10. ..$0.03. ..$0.03 $10. ..$0.05. ..$0.06 $10. . $0.60.. .. $0.70 20. .. 0.05. .. 0.06 20. . . 0.10. .. 0.12 20. . 1.20.. . . 1.40 30. . . 0.08. .. 0.09 30. . . 0.15. .. 0.18 30. . 1.80.. .. 2.10 40. . . 0.10. .. 0.12 40. .. 0.20. .. 0.23 40. . 2.40 . . . 2.80 50. . . 0.13. .. 0.15 50. . . 0.25. .. 0.29 50. . 3.00 . . . 3.50 60. . . 0.15. .. 0.18 60. . . 0.30. .. 0.35 60. . 3.60.. . 4.20 70. .. 0.18. .. 0.20 70. . . 0.35. .. 0.41 70. . 4.20.. . 4.90 80. . . 0.20. .. 0.23 80. . . 0.40.. .. 0.47 80. . 4.80.. . 5.60 90. . . 0.23. .. 0.26 90. . 45. .. 0.53 90. . 5.40.. 6.30 100. . . 0.25. .. 0.30 100. . 0.50.. .. 0.58 100. . 6.00.. . 7.00 200. . 0.50. .. 0.58 200. . 1.00.. .. 1.18 200. . 12.00.. . 14.00 ■300. . . 0.75. .. 0.87 300. . 1.50.. .. 1.75 300. . 18.00.. . 21.00 400. . . 1.00. .. 1.17 400. . 2.00.. .. 2.33 400. . 24.00.. . 28.00 500. . 1.25.. .. 1.46 500. . 2.50.. .. 2.92 500. . 30.00.. . 35.00 1,000. . . 2.50. .. 2.01 1,000. . 5.00.. .. 5.83 1,000. . 60.00.. . 70.00 2,000. . . 5.00. .. 5.83 2,000. .10.00.. ..11.67 2,000. .120.00.. .140.00 3,000. . . 7.50.. .. 8.75 3,000. .15.00.. ..17.50 3,000. .180.00.. .210.00 4,000. .10.00. ..11.66 4,000. .20.00.. ..23.33 4,000. .240.00.. .280.00 5,000. .12.50.. . . 14.58 5,000. .25.00.. ..29.17 5,000. .300.00.. .350.00 992. Table, Showina the Interest per Day, on Sums from $100 to $20,000 at Six and Seven per Cent. ONE DAT. ONE DAT. $100.... 200.... 300.... 400. . . . 500 6 per ot. 0.02 0.03 0.05 ; 0.07 0.08 7 per ct. 0.02 0.04 0.06 0.08 10 $2,000.... 3,000.... 4,000.... 5,000.... 6,000... 7,000.... 8,000... 9,000... 10,000... 20,000 6 per ot. .... $0.33.... .... 0.49.... .... 0.66.... 0.82... .... 0.99.... .... 1.15.... .... 1.32.... .... 1.48.... .... 1.64.... .... 3.38.... 7 per ot. .... $0.38 .... 0.58 .... 0.77 .... 0.96 1 15 600.... 700.... 800 0.10.... 0.12 0.13 0.12 0.13 .. . 15 .... 1.34 .... 1.53 . 1 73 900.... 1,000 0.15 n.ifi 0.17 n IP .... 1.93 3 84 JUSTICES OF THE PEACE. . 499 Election, etc. CHAPTEE LII. JUSTICES OF THE PEACE. In the United States, justices of the peace, in addition to their common-law powers as conservators of the peace, generally have jurisdiction in civil cases. Their civil jurisdiction is different in the different States, but is usually limited to actions for the recovery of debts not exceeding a certain amount, or of damages for injuries to property, and to suits on promises, express or implied, or for trespasses, where the title to real estate does not come in question. The forms for various special statutory proceedings of which they have jurisdiction, are contained in the chapters relating to "the various subjects. PAOB 993. Certificate of election 499 994. Supervisor's notice of drawing 499 995. Certificate of the drawing 499 :i 993. Gertifieate of the Election of a Justice of the Peace. CoTTNTT OF Town of I, M. N., clerk of the annual town meeting, held in the town of aforesaid, on the day of > 18 , hereby certify that the following persons were chosen justices of the peace for said town, at such town meeting — ^viz. : A. B. for four years ; C. D. to fill the unexpired term of E. F. {Date.'] M. N., clerk of the annual town meeting in the town of • 994. Supervisor's Notice of Drawinff. Please take notice, that I will meet the justices elected for the town of , and the town clerk of said town, at the house of , in said town, on the day of , 18 , at , in the noon, to deter- mine hy lot the classes of such justices, [Date.] O. P., Supervisor of the Town of 995. Certificate of the Drawing. OoTOirnr or , ) Town of .***• Wb, M. N. and O. P., the supervisor and town clerk of the said town of , hereby certify that on the day of instant, at the house of , in said town, a drawing was had in our presence, according to 500 ABBOTTS' FORMS. Xandlord iibd Tenant. statute, to determine by lot the respective classes of A. B., 0. D. [etc., etc.], elected justices of the peace for said town, at a general [or, special] election held therein, on the day of last past ; and that the following v the result of such drawing : A. B. drew for the term of four years ; C. D. drew for the term of three years [etc.] [Date.'] [Signatures and titles.] CHAPTER Lin. LANDLORD AND TENANT. The contract. — The appropriate instrument for creating and defining the relation of landlord and tenant is a Lease, and matters concerning the contract are treated in the subsequent chapter under that title. It is not essential, however, that a contract of hiring real estate be reduced to writing if it do not exceed the term of one year. The agreement is not only often verbal, but ia sometimes not even express, but implied from the circumstances under which the tenant has possession of the landlord's property. Notice to quit. — Where a tenant, with consent of the landlord, enters into possession, without any express bargain, he is a tenant at will. A tenancy at will may be determined by the will of either party, but only after reasonable notice ^veu by the party intending to terminate the tenancy. The, rule is not uniform in the various States, as to what this notice should be. In some instances, a notice of six months may still be necessary, as it is in England. One of three months is more generally sufBcient ; and in some States the notice must be at least equal to the interval between the periods of payment of rent. In the absence of a statute rule, the general custom is that the notice should cover the whole of one of the regular intervals between payments. Thus if the rent is paid quarterly, so that three months' notice would be sufiicient, the notice, even if given in the middle of a quarter, does not expire tUl the end of the following quarter. The statutes of some of the States (among others New, Y ork) makes one month's notice sufficient. Where the tenancy is under a lease having a definite termination, or where it is a tenancy from year to year, a notice to quit is not necessary to enable the landlord to take summary proceedings under the statute. No particular form of notice is necessary ; but there must be reasonable cer- tainty in the description of the parties, of the premises, of the pirpose, and of the time. I. Notices. page 996. Notice to terminate a lease 501 997. Notice to quit, by landlord, to tenant from year to year 501 998. Notice to quit, by tenant from year to year, to landlord 501 999. Notice to tenant to quit in one month (undet the statute) 502 1000. Notice to quit in fifteen days (where lease reserves right of re-entry). 502 II. PsOOEEDINOa TO I)I3POS.9E33. 1001. Affidavit by landlord to obtain possession of deserted premises 302 1002. Notice to tenant who has deserted premises , 503 LANDLORD AND TENANT. 501 Notices. FAOB 1003. Notice ttt deliver possession on default in rent 603 lOOi. Affidavit to remove a tenant at will 603 1006. Affidavit of holding over after expiration of term 503 1006. Affidavit to remove tenant for non-payment of rent 504 1007. Summons to tenant to show cause 504 1008. Affidavit of service 504 1009. Warrant to dispossess tenant, who holds over after expiration of lease 605 1010. Warrant to disnossoss tenant at will or at sufferance after notice. .. 505 1011. Warrant to dispossess, on default in rent 506 1012. Keturn of officer 606 1013. Affidavit of denial by tenant 506 1014. Precept to summon a jury , 506 1015. Warrant to dispossess, after verdict against the tenant 507 111. FOBOIBLE ENTRY AND DETAINEE. 1016. Complaint 507 1017. Affidavit 507 L Notices. 996. Notice to Terminate a Lease. I HEEEBT give yon notice, that in pursuance of the power for this purpose given to me hy the indenture of lease, dated the day of , and made between you, of the one part, and me, of the other part, it is my in- tention to determine the lease thereby made, on the day of next, and I shall therefore quit and deliver up possession to you [or, require you to quit and deliver up possession to me] of the messuage [eta., here Iriefly desoribe the premises]. [Signature.] [Bate.] lAddress.] 997. Notice to Quti by a Landlord to a Tenant from Tear to Tear. I HEEEBY give you notice to quit and deliver up, on the day of next [if the current year of your tenancy expires on that day, or otherwise on the day on which the current year of your tenancy will expire, next after the end of half a year [or, of a quarter year; or, of a month] from the time of your being served with this notice], (a) the possession of the mes- suage [etc., here briefly describe the property] which you now hold of me as a yearly tenant. [Signature of landlord.] [Bate.] [Address to tendht.] 998. Notice to Quit, by Tenant from, Tear to Tear, to Landlord. I HEEEBT give you notice, that I shall quit and deliver up, on the day of next [if the current year of my tenancy expires on that day, or (a) The words in brackets will be inserted wherever there is any doubt as to the day on which the tenancy commenced. 502 ABBOTTS' FORMS. Notices to Quit. Dispossessing Tenants. otherwige on the day on whioti the current year of mj tenancy will expire next after the end of half a year [or, a quarter year ; or, of a month], from the time of your heing served with this notice], (6) the possession of the messuage [etc., here hriefly describe the property'] which I now hold of you as a yearly tenant. [Signature of the tenant.] [Date.] [Address to the landlord.] 999. Notice to I'enant to Quit in One Moftth, Under the Statute. Please take notice, that you are herehy required to surrender and de- liver up possession of the [liere briefly describe premises], and to remove therefrom, on the day of next, pursuant to the provisions of the statute relating to the rights and duties of landlord and tenant. [Date.] [Signature of landlord.] [Address to tenant] 1000. Notice to Tenant to Quit in Fifteen Days.{e) Please take notice, that you are herehy required to surrender and de- liver up possession of the [h^re briefly describe the premises], and that I intend to re-enter and take possession of the said premises, on the day of next (which is at least fifteen full days from the service of this notice), pur- suant to the provisions of an act, entitled "An Act to abolish distress for rent, and for other purposes," passed May 13, 1846. [Date^ [Signature of landlord.] [Address to tenant.] n. PEocEEDDsras to DisposaESs.((f) 1001. Affidavit by Landlord to Obtain Possession of Deserted Premises., ConNTT OF , ss. A. B., of , heing duly sworn, says, that he demised to Y. Z., of , the premises lately occupied by the said Y. Z., on street, in the village of , in said county, for the term of , from the day of » 18 , at the yearly rent of dollars, payable quarter- yearly; that the said Y. Z. entered into the possession of the said premises, as tenant thereof, by virtue of the said demise,* and is now indebted to your petitioner in the sum of dollars, for one rent of the said premises, due the day of , 18 ; and that he has deserted the same, leaving the said rent in arrear, and the premises unoccupied and un- cultivated. [Signature.] SwoiiN [etc., as in Form 858]. (}) See preceding note. i» reserved in default of sufScieut goods («) This is allowed by the New York whereon to distrain. Statute since the abolition of distress for id) These proceedings to obtain pos- rent, ill case of default in payment of session are regulated, in New York, by 2 rent on a lease in which a right of re-entry Rev. Stat., 512. LANDLORD AND TENAlsT. 503 Proceedinp;s to DisposRef>a. 1002. Notice to Tenant WIio Has Deserted the Demised Premises. Pleasb take notice, that, at the request of A. B., your landlord, and upoQ due proof made to me that he had demised to you the premises upon which this notice is affixed, and that you were in arrear for one quarter's rent, amounting to dollars, and that you had deserted the premises, leaving such rent in arrear, and had left them unoccupied and uncultivated, I have viewed the said premises, and am satisfied, upon such view, that the same have been so deserted : therefore, you are hereby required to ap- pear, on the day of , 18 , at o'clock in the noon, at the place where this notice is affixed, and pay the rent due, or the landlord will he put in possession of the premises. [Date.l [Signature of] Justice of the Peace. [Address to tenant.] 1003. Notice to Deliver Possession on Default in Rent, Take notice, that you are justly indebted unto me in the sum of dollars for rent of [here briefly describe the premues], from the day of , vphich you are required to pay on or before the expiration of three days from the day of the service of this notice, or surrender up the possession of the said premises to me, in default of which I shall proceed under the statute to recover the possession thereof. [Date.] [Signature of landlord.] [Address to tenant.] 1004. Affidavit to Remove a Tenant at Will. County of , ss. A. B., of , in said county, being duly sworn, says, that since the day of , in the year 18 , Y. Z., of , has held and occupied the [here designate the premises definitely], as the tenant of this deponent, and at his will, and without any certain time agreed on for the termination of said tenancy. And this deponent caused a notice in writing to be served on the said T. Z., in due form of law, on the day of last, requiring him to remove from said premises within one from the day of service thereof. That the said time has expired, and that the said Y. Z. or his assigns, hold over and continue in possession of the said premises after the expiration of said time, without the permission of this deponent. [Signature^ SwoEN [etc., as in Form 858]. 1005. Affidamt of Holding Over After Expiration of Term. [As in Form 1001 to the *, concluding thus .•] which said term has ex- pired, and that he or his assigns hold over and continue in possession of the said premises without the permission of this deponent. SwoEN [etc]. [Signature.] 504 ABBOTTS' FORMS. Proceedings to Dispossess Tenant. 1006. Affidmit to jRemove Tenant for Non-payment of Bent.{e). [As in Form 7"50 to the * continuing thus .■] that on the day of , deponent demanded the said rent from the said T. Z., at , by deliver- ing to him personally [or, by leaving, in the absence of said tenant, at his last — or, usual — ^plaoe of residence, with his wife — or, son of mature age — residing on the premises, a notice, of which a copy is annexed]. That the said Y. Z. has not yet paid the said rent, in pursuance of the agreement under which the premises were demised to him, or delivered up possessioQ of the said premises ; but he has made default in the payment of the said rent ; and holds over and continues in possession of the said prem- ises without the permission of this deponent, and that satisfaction of the said rent cannot he obtained by distress of any goods or chattels. SwoEN [etc., as in Form 858], [Signature.] 1007. Summons to Tenant, to Show Cause. To Y. Z., of Whereas, A. B., of said of ., has made oath in writing, and presented the same to me, that on or about the day of [here recite the complaint stated in the affidavit] : Therefore, in the name of the People -of the State of New York, you are hereby summoned and required forth- with to remove from the said premises, or show cause before me, at my oflBce in , on the day of , at o'clock in the noon, why possession of the said premises should not be delivered to the said landlord. Witness my hand, the day of , 18 . [Signature of] Justice of the Peace. 1008. Affidavit of Service of the Summoni. OOTINTT OF , SS. O. P., of the town of , in the said county, being sworn, says, that on the day of instant, he served the annexed summons upon Y. Z., the tenant therein named, by delivering to him personally a true copy there- of, at the same time showing him the original [or, by leaving, in the absence of said tenant, at his last — or, usual — place of residence, with his wife, re- siding on the premises, a true copy thereof — or, by leaving, in the absence of said tenant, at his last — or, usual — place of residence, with , of mature age, residing on the premises, a true copy thereof]. SwoBN [etc., as in Form 858]. [Signature.] («) Tliis affidavit must state facts siiow- rent is due, and how it was demanded, ing the conventional relation of landlord and also should distinctly designate tha md tenant, and should show how much premises. LANDLORD AND TENANT. 505 Proceedings to Dispossess. 1009. Warrant to Dispossess Tenrnit Who Holds Chef After Expirdtion of Lease^ To tlie sheriff of the county of \pr, to any one of the constables, or marshals, of the city of , or, of the town of , in the county of ], greeting: Whereas, A. B., of the of , in said county, made oath in writing, and presented the same to mo, * that on or about the day of ,18 , he rented imto T. Z., of , the house and lot known as No. , in street, in said , for the term of from the day of then next ensuing, and that the said T. Z. held over and con- tinued in possession of said premises, after the expiration of the aforesaid term therein, without the permission of the said landlord; whereupon I issued a summons, requiring the said tenant forthwith to remove from the said premises, or show cause before me at a certain time, now past, why the possession of the said premises should not be delivered to the landlord ; t and no snflBcient cause having been shown to the contrary, and 1, being satisfied, by due proof, of the service of the said summons, did render judg- ment in the said matter in favor of the said A. B., against the said Y. Z., and that the said premises should be delivered to the said A. B., as the landlord, and did enter the said judgment in my docket, and did include in said judg- ment the sum of dollars as the costs of such proceedings to the said A. B. : I do, therefore, in the name of the People of the State of New York, command you to remove all persons from the said premises, and to put the said A. B. in fall possession thereof; and you are further commanded to collect the said sum of dollars, costs, of the goods and chattels of the said Y. Z. Witness {etc., as in Form 1007]. 1010. Warrant to Dispossess Tenant at Will, or at Sufferance^ After Notice. [As in preceding form to the*, continuing:'] that since the day of , in the year , T. Z., of , had held and occupied the house and lot in the of , in street, where he then resided, as his tenant and at his win,_ without any certain time agreed on for the termination of said tenancy; and that he caused a notice in writing to be served on him, the said tenant, in due form of law, on the day of last, requiring him to remove from said premises within one month from the day of the service thereof; and that the said time had expired, but that the said tenant held over and continued in possession of said premises after the expiration of said time, without the permission of said landlord ; where- upon I issued a summons, requiring the said tenant to remove from said premises, or show cause before me, at a certain time now past, why the landlord should not be put in possession of smd premises [continue as in form.preCeding from the to the end]. 506 ABBOTTS' rOEMS. Proceedings to Dispossess Tenant. 1011. Warrant to Dispossess, in Default of the Payment of Rent. [As in Form 1009 to the * continuing:'] that Y. Z. was justly indebted to him in the sum of dollars, for rent of the house and lot known as No. , in street, in aforesaid ; that he demanded the said rent from the said Y. Z., who had made default in the payment thereof pursuant to the agreement under which the premises were let ; and that the said Y. Z. held over and continued in possession of the same without the permission of the said landlord, after such default; whereupon I issued a summons requir- ing the said tenant forthwith to remove from the said premises, or show cause before me, at a certain time now past, why the possession of the said premises should not be delivered to the landlord [continue as in Form 1009 from the t to the end}. 1012. Return of Officer to Wa/rrant. Pursuant to the command of the above warrant, I have this day put A. B., therein named, in full possession of the premises therein mentioned. - [Date^ [Signature of] Constable [or, Marshal] of, etc. 1013. Affidamt of the Tenant Denying Some Material Fact Stated in the Landlord''! Affidavit. COTTNTT OP , SS. Y. Z., of , being duly sworn, says, that he does not owe to the said A. B. the sum of for the rent of the house mentioned, nor any rent whatever therefor, as is alleged by the said A. B., in an affidavit lately made before , on which proceedings have been had to remove deponent from the premises. [Signature^ SwoEN [etc., as in Form 858]. 1014. Precept to Summcn a Jury. CoiTNTY OE , SS. To the sheriff [or, as in Form 1009], greeting: "Wheeeas I, the undersigned [title of magistrate], for the purpose of forming a jury to try certain matters in controversy between A. B., land- lord, and Y. Z., tenant, have in due form of law nominated [here name the jurors] twelve reputable persons, qualified to serve as jurors in courts of record: You are, therefore, hereby commanded, in the name of the People of the State of New York, to summon the above-named .persons so nominated, to appear before me, at my office in , on the day of 1 18 , to try the said matters in difference. [Date^ [Signature!] LASDLOED AND TENANT. 507 Forcible Entry. 1015. Warrant to Dispossess After Verdict Against the Tenant. [This may be framed mbstantially as Forms 1009 to 1011, inserting the following recital:'] And whereas, on \or, before] the time appointed in such summons, the said Y. Z. being in [or, claiming] possession of said premises, having filed an aflSdavit with me, the undersigned, who issued said summons, denying [some of] the facts upon which said summons was issued; and a jury having been regularly nominated, summoned, drawn and sworn, in pursu- ance of the statute, to detennine the matters controverted between the said pai'ties ; and the said jury after hearing the proofs and allegations of the parties, and being kept together by a proper officer duly sworn until they were agreed on their verdict, having found a verdict in favor of the said A. B. in. FOEOIBLB EnTET AND DeTAINBE. 1016. Complaint for Forcible Entry and Detainer. OODNTT OF , SS. A. B., of , in said county, complains to [here insert name and title of magistrate], and shows that Y. Z., of aforesaid, on the day of , in the year 18 , at , in the county aforesaid, unlawfully made a forcible entry into the lands and possessions of this complainant — to wit [here describe the premises], and then and there with a strong hand and with a multitude of people, did violently, forcibly and unlawfully ^eot and expel the complainant from his said lands and possessions, wherein this complainant had at the time aforesaid an estate of freehold [or other estate or right of possession, as the case may te], then and stUl subsisting; and that the said Y. Z. still holds and detains the said lands and possessions frona the complainant unlawfully, forcibly and with a strong hand, and against the statute. [Signature.] [Date.] 1017. Affidavit Accompanying the Foregoing Complaint. COUNTT OF , SS. A. B., of , the complainant above named, being duly sworn, says that the matters stated in the foregoing complaint are true to his knowledge, and that he had an estate of freehold [or other estate or right of possession] in the said at the time of the said forcible entry and detainer, which then was and still is subsisting. [Signature.] SwoEN [etc., as in Form 858]. 508 ABBOTTS' FOEMS. Lease's. CHAPTEE LIV. LEASES. and recording. — By the Statute of Frauds, leases of lands for a period exceeding three years must be in writing, subscribed by the party sought to be charged thereby, or by his agent authorized in writing. This statute has, however, been modified in some of the States in respect to the number of years of leases to which it is to apply. Thus, in New York, leases for a period exceed ing one year must be in writing. In the same way, the rule as to what leases should be recorded varies in the difierent States. In New York, a lease for a period exceeding three years should be recorded. In some other States, the rule only applies to leases for seven years and upwards. In the State of New York, leases of agricultural lands for more than twelve years are prohibited. Gmenants. — The obligation to repair depends upon the terms of the lease. Under the ordinary covenant, in a lease to keep the premises in good and suf- ficient repair, the lessee is boiind to do substantial repairs ; but if the house was dilapidated at the commencement of the lease, the lessee is not boimd to restore it in au improved state ; but he must keep it in the state in which it was at tlie commencement of the lease by the timely expenditure of money and care. In the absence of any special stipulation, the lessee is not bound to rebuild a house accidentally bui'nt down ; but if he enters into a general covenant to repair, without any exception, he is liable to restore any house or building which may be destroyed by fire, tempest, hghtuing or any other accident. A tenant who is under no obligations to do substantial repairs cannot require the Rindlord to do them. But by a recent statute, iii New York the rent ceases, if the premises are de- stroyed by fire.(a) If it is intended that the lessee shall insure the premises, there should be an express covenant to that effect on his part, which should specify in whose name the insurance is to be, and the amoimt of the insurance. It is best also to name the company, or provide that the company shall be one approved by the lessor. The lessee should be bound to deliver or produce to the lessor the insurance policy and the receipts for the premiums. A lease often contains a covenant by the lessee not to assign or underlet without the lessor's license. Such a covenant does not prevent a bequest of the term. And a deposit of a lease by way of security is not a forfeiture of a condition " not to underlet, alien, sell, assign, transfer, and set over or other- wise part with" the lease or premises mthout the license of the lessor. A covenant not to underlet is not broken by an assignment ; and a covenant not to assign or otherwise put away the lease or premises does not prevent the lessee from granting an underlease. A covenant not to grant; let, assign, charge or dispose of the premises, is not broken by the lessee giving a warrsint of attorney to enter up judgment against him by way of security for boua-fide debts. Oonditions. — Where matters on either side are intended to be conditions, so (a) See note (e). LEASES. 5b» Analysis of Chapter. that a non-performance will give the other party a right to annvil any obliga- tion imposed upon him, it is best that such obligation should be expressly stated to be conditioned upon the performance of the matter in question. PAGE 1018. Landlord's certificate of renting 609 1019. Tenant's certificate of hiring 510 1020. Security for rent 510 1021. Landlord's certificate, where tenant is not to underlet nor occupy for cer- tain business 510 1022. Tenant's certificate in same case 511 1028. Provision that tiie tenant may surrender if the premises become unten- antable 511 1024. Provision as to repairs 511 1025. Provision for forfeiture and damages 512 1026. Tenant's certificate pledging his cliattels on the premises as security 513 1027. Security for rent and performance of covenants 512 1028. Short form of lease 512 1029. The same ; with restrictions on occupancy and subletting, and with fire clause 513 1030. Another form ; with provision for re-entry and reletting, tenant to pay water-ta.\ and fire-risk, and have privilege of renewal 514 1031. Indenture of lease 515 1032. Landlord's certificate of letting farm with stock and tools 517 1083. Lease of mill ; with proviso suspending rent in ease of its ceasing to run. . 517 1034. Lease of a manufactory and premises for carrying on the business of mak- ing and selling cements .' 517 1035. Lease by tenants in common of wharf, machinery, etc., with covenants by lessee for repairs, and proviso for determining the term at the end of fourteen, twenty-eight or forty-two years by lessee, on his giving pre- vious notice 518 1086. Mining lease 522 1087. Covenant not to assign, etc 522 1038. Covenant to renew S22 1039. Covenant to buy fixtures at a valuation 623 1040. The same ; another form 523 1041. Stipulation for renewal by indorsement 523 1042. Proviso as to re-entry, with waiver of notice 534 1043. Lease for lives at a nominal rent 524 1044. Under lease 525 1045. Ground lease, twenty-one years, with covenants to build, and for renewals. 525 1046. Ecnewal lease 529 1047. Lease by a municipal corporation for purposes of a fair, lessees covenant- ing to erect building 530 1048. Covenants in a farm lease on shares 531 1 049. Surrender of a lease indorsed thereon 531 1018. .Landlord's Certificate of Renting. Qi) This is to oeetift, that I have, this day of , 18 , let and rented unto Y. Z., of [here insert irief description of premises — e. g., thus .•] the dwelling-house known as Ko. in street, in tha (S)' These forms of certificate are com- of the certificates and delivers it to the monly used in yearly Wrings in the city other party, of Now York. Each party executes one SIO ABBOTTS' rOEMS. Short Leases, or Certificates of Letting and Hiring. town of , with the appurtenances, and the sole and uninterrupted use and occupation thereof for year , to commence the day of ,18 , at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year] — [add, ifio agreed,, and all taxes and assess- ments are to be paid by him].* [Signatwe of Icmdlord.'] 1019. Tenant's Certificate of Hiring. This is to oebtitt, that I have, this day of , 18 , hired and taken from A. B., of , the dwelling-house and lot known as No. in street, in the of , with the appurtenances, for the term of year , to commence the day of next,, at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each. year]. And I do hereby promise to make punctual payment of the rent m manner aforesaid * [except in case the premises become untenantable, from fire or any other cause, when the tenancy and the rent is to cease](c) : And I do fur- ther promise to quit and surrender the premises at the expiration of the term or tenancy, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. [Signat/wre of tenant.'] 1020. Security for Sent. In oonsideeation of the letting of the premises above described, and foi the sum of one dollar, I do hereby become surety for the punctual payment of the rent, in the above-written agreement mentioned, to be paid by Y. 2- as therein specified ; and if any default shall at any time be made therein, I do hereby promise and agree to pay unto the landlord in said agreement named, the said rent, or any arrears thereof that may be due, without re- quiring notice or proof of demand being made. Given under my hand and seal, the day of , 18 . [Signature and seal.} 1021. Landlord's Certificate, Where Tenant is Not to Underlet nor Occupy for Certain Businesses. This is to oeetift, that I have, this day of , 18 , let and rented unto Y. Z., of [here insert irief description of premises — e. g., thus .•] the dwelling-house known as No. in street, in the town of , with the appurtenances, and the sole and uninterrupted use and occupation thereof for year , to commence the day of ,18 , at the yearly rent of dollars, payable quarterly on the usua: quarterly days [or, on the first days of May, August, November and February, in each year] — [add, if so agreed, and aU taxes and assessments (c) This clause is not always inserted. See note («), iTifra. LEASES. 511 Certifloates if Hiring, are to be paid by him].* The premises are not to be used or occupied, ex- cept as a private boarding-house [or, for any business deemed extra hazard- ous on account of fire, or otherwise, aa may he agreed] ; nor shall the same or any part thereof, be let or underlet, except with the consent of the land- lord, in writing, under the penalty of forfeiture and damages. [Signature of landlord^] 1022. TenanVs Certificate in Same Case. This is to OEETrcY, that I. have, this day of i 18 , hired and taken from A. B., of , the dwelling-house and lot known as No. in street, in the of , with the appurtenances, for the term of year , to commence the day of next, at the yearly rent of dollars, payable quarterly on the usual quarterly days [or, on the first days of May, August, November and February, in each year]. And I do hereby promise to make punctual payment of the rent in manner aforesaid* [except in case the premises become untenantable from fire or any ottter cause, when the tenancy and the rent are to cease.(cZ)] And I do further promise to quit and surrender the premises, at the ex- piration of the term or tenancy, in as good state and condition as reason- able use and wear thereof will permit, damages by the elements excepted. And I further promise not to let or underlet the said premises, nor any part thereof, nor to occupy the same, except for [nor in any busi- ness deemed extra hazardous, on account of fire, or otherwise, as agreed], without the written consent of the landlord, under the penalty of forfeiture and damages. [Signature of tenant.} 1023. Provision That the Tenants May Surrender if the Premises Become Untenanta'ble.{e) [Insert in the certificate of each party at the * the following .•] but in case the building on said premises shall, without any fault or neglect on his [or, their] part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, the tenant shall not he liable or bound to pay rent to the lessors or owners thereof, for the time after such destruction or injury, and may thereupon quit and surrender pos- session of the premises. [Signature of tenant.] 1024. Provision as to Eepairs. [Insert in certificates of each party the matters agreed — e. g., thus:] And it is further agreed that said A. B. is to put in a famace before the day of , and to put up the fences forthwith ; and that said Y. Z. may (d) This clause is not always inserted, n > stipulation on the subject this rule ap- See note (e), infra. plies by stainte. Laws of 1860, 692, oh. («) In New Vorii, such a provision as 345. this need not be expressed ; for if there is 512 ABBOTTS' FORMS. Chattel Mortgage. Security. retain the first quarter's rent, laying it out in painting the outside of the house, and the overplus, if any, otherwise in necessary repairs and ahout the house. 1025. Provision for Forfeiture and Damages. {Insert at the end of tenants certificate the following .■] And in case of not complying with any of the covenants contained herein, the lessor, ia his option, shall have the power and the right of terminating and ending this lease immediately, and I agree to pay to the said lessor the sum of dollars, as and for liquidated damages. [Signature of tenant.^ 1026. Tenants Certificate Pledging Bis Chattels on the Premises- as Security. [As in Form 1019, inserting the following at the end:] And I do herehy pledge and mortgage to the said A. B. all my personal prgperty of what kind soever which is or may be on the premises aforesaid, for the faithful performance of the covenants herein, hereby authorizing the said A. B., in case of a failure on my part to perform all or any of said covenants, to tahe said property so pledged, and sell the same, and out of the proceeds of such sale to pay and discharge all rent, damages and expenses, which may at such time be due, and to pay over to me or my assigns the surplus moneys arising from such sale. [Signature of tenant.l 1027. Security for Pent and Performance of Covenants. In ooursiDBEAHOif of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual pay- ment of the rent, and performance of the covenants in the above- written agreement mentioned, to be paid and performed by Y. Z., as therein speci- fied; and if any default shall at anytime be made therein, I do herehy promise and agree to pay unto the landlord in said agreement named the said rent, or any arrears thereof that may he due, and fully satisfy the con- ditions of the said agreement, and all damages that may accrue by reason of the non-fulfilment thereof without requiring notice or proof of demand being made. Given under my hand and seal, the day of , 18 . [Signature and seal.] 1028. Short Form of Lease. This nroEunjEE, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part, wit- irassBTH : That the party of the first part has hereby let and rented to LEASES. 513 Short Form. the party of the second part, and the party of the secfond part has hereby hired and taken from the party of the first part [here insert brief descrip- tion of tlie premises — e. g., thus'] : all those three brick warehouses and premises known as Nos. 9, 11 and 13 King-street, in the city of , with the appurtenances, for the term of years, to commence the day of , 18 , at tbe.yeai-ly rent of dollars, payable in equal quarterly payments on the usual quarterly days [or, on the first days of May, August, November and February], in each year.* And it is a&eeed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for. the said party of the fli'st part to re-enter the said premises, and to remove all persons there- from \may add, the party of the first part hereby waiving any notice to qnit or of intention to re-enter, under the statute]. And the said party of the second part covenants to pay to the said party of the first part the said rent, as herein specified, and that at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, dam- ages by the elements excepted : and the said party of the first part cove- nants that the said party of/the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term afore- said. In witness wheebof, the parties hereto have hereunto interchangeably set their hands and seals, this day of , one thousand eight hun- dred and Signed, sealed and delivered ) [Signatures amd scafo.] in the presence of J [Signature of witness.] 1029. The Same; Wilh Eestrictions on Occupancy and Subletting, and With Fire Clause. [As in the preceding form to the *, continuing thus:] And the party of the second part hereby covenants to and with the party of the first part to make punctual payment of the rent, in the manner aforesaid, and quit and surrender the premises at the expiration of said term, or other determina- tion of this lease, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted ; and further cove- nants, that he, the party of the second part, will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire. And the said party of the second part farther covenants, that he wUl per- mit the said party of the first part or bis agent, to enter said premises, for the puiTpose of making repau-s or alterations, and also to show the premises to persons wishing to hire or purchase ; and on and after the first day of February next will permit the usual notice of " to let" or " for sale" to be placed upon the walls of said premises, and remain thereon, without hin- 33 514 ABBOTTS' FORMS. Short Forma of Lease. drance or molestation ; and also, that if the said premises, or any part there- of, shall hecome vacant during the said term, the said party of the first part may re-enter the same, by either force or otherwise, without being liable to any prosecution therefor; and relet the said pi'emises as the agent of the said party of the second part, and receive the rent thereof, applying the same, first to the payment of such expense as he may be put to in re- entering, and then to the payment of the rent dne by these presents; and the balance, if any, to be paid over to the said party of the second part. And the said party of the second part further covenants, that he will not assign this lease or underlet the said premises, or any part thereof, to any person or persons whomsoever, without first obtaining the written consent of said party of the first part ; and in case of not complying with this cove- nant, the party of the second part agrees to forfeit and pay to the party of the first part the sum of dollars, as and for liquidated damages, which are hereby liquidated and fixed as damages and not as a penalty. This lease is made and accepted on this express condition, that in case the party of the second part should assign this lease or underlet the said premises, or any part thereof, without the written consent of the party of the first part, that then the party of the first part, his heirs or assigns, in his option, shall have the power and the right of terminating and ending this lease immediately, and he entitled to the immediate possession of said premises, and to take summary proceedings against the party of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term. And it is further agreed, that in case the building on said premises shall, without any fault or neglect oh his part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occu- pancy, the tenant shall not be liable or bound to pay rent to the lessors or owners thereof, for the time after such destruction or injury, and may thereupon quit and surrender possession of the premises.(y') In witness [etc., as in Form 1028]. [Security, if any, as in Form 1020 or 1027.] 1O30. Another Form ; With, Provision for Re-Entry and Reletting, Tenant to Pay Water-Tax and Fire-Rish, and Ratie Privilege of Renewal. [As in Form 1028 to the *, continuing thus:] Provided, nevertheless, that if the rent, or any part thereof, shall be unpaid, on any day whereon the same ought to be paid, as aforesaid, or if the said premises shall become vacant during the term hereby granted, or if default shall be made in any of the covenants herein contained, on the part of the tenant, then it shall be lawful for the lessor or assigns, into and upon said demised premises, to re-enter and remove all persons therefrom, and to recover the possession thereof by legal proceedings ; or to re-enter the same, and use such force for the purpose as he or they shall think fit, without being liable to any (/) See note («), supra. LEASES. . 515 Indenture. prosecution or indictment therefor, and the same repossess as in former estate ; or, in case he or they shall think proper, may relet the same as agent of the tenant, in the name of the tenant, or of the lessor, applying the avails thereof first to the payment of the expenses of re-entering, and then to the payment of the rent reserved hy this lease, and the balance, if any, to pay over to the tenant ; and the tenant covenants to pay to the lessor any deficiency between the amount received on such reletting and the rent reserved by this lease. And it is further agreed, that in case of re-entry by the lessor, and whether he shall relet as agent of the tenant or not, thafthe tenant shall be liable to the lessor for a sum equal to the rent hereby reserved, and payable at the same periods, less any sum that shall be received by the lessor as rent of said premises for the said periods. And the tenant covenants not to assign or underlet the said premises, nor any part thereof, nor make any alterations therein, nor follow nor suffer to be carried on therein, any business other than , and to keep the Croton fixtures on said premises in repair at his own expenses ; and that after the day of , be will permit the lessor, or any person by his order, to put a notice on said premises that the same are for sale or to let, and to keep the same on so long as the lessor shall think necessary ; and after said day to permit applicants for the said premises freely to enter, examine and leave on week days, from a. m. till p. u. And he further covenants to pay to the lessor as rent, in addition to that herein- before reserved, on the first day of August, in every year, a sum equal to that which shall be imposed as tax or rent for the Croton water ; and in case the fire-risk on said premises shall be increased above what the insur- ance companies of the city of terra hazardous, to pay a further sum, on the first day of , in every year that this shall occur, equal to the increased charge of insurance on a value of dollars. It is further agreed, that the lessor shall not be liable for any repairs to said premises, nor for any change in their condition ; and that on the last day of the said term, or other sooner determination of the estate hereby granted, the tenant will peaceably and quietly leave and surrender the said demised premises in as good condition as they now are or hereafter shall be put, damage by fire and the elements excepted. And it is further agreed, that the tenant shall have the option of extending this lease for a further period of years, if the ground is not required by the lessors for their own use. In witness [etc., as in Form 1028]. [SeeuriiA/, if any, as in Form 1020 or 1027.] ' 1031. Indenture of Lease. This indbntijee, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and Y. Z., of , in the said county, farmer, of the second part, witnesseth : That the said party of the first part, for and in consideration of the rents, covenants and agree- ments hereinafter mentioned, reserved and contained, on the part and 516 • ABBOTTS' POEMS. Indenture of Lease. behalf of the party of the second part, his executors, administrators and assigns, to be paid, kept and performed, * has leased, demised and to farm let, and by these presents does lease, demise and to farm let, unto the said party of the second part, his executors, administrators and assigns, all [here insert description of premises] : To have and to hold the said above men- tioned and described premises, with the appurtenances, unto the said party of the second part, his executors, administrators and assigns, from the day of , one thousand eight hundred and , for and during, and until the fuU end and term of years thence next ensuing, and fully to be complete and ended, yielding and paying therefor, unto the said party of the first part, his heirs or assigns, yearly, and every year, during the said term hereby granted, the yearly rent or sum of dollars, lawful money of the United Stfttes of America, in equal quarter [or, half] yearly payments — • to wit, on the day of [naming the months intended], in each and every year during the said term: Provided always, nevertheless, that if the yearly rent above reserved, or any part thereof, shall be behind or unpaid, on any day of payment whereon the same ought to be paid, as aforesaid ; or if default shall be made in any of the covenants herein contained, on the part and behalf of the said party of the second part, his executors, adminis- trators and assigns, to be paid, kept and performed, then and from thence- forth it shall and may be lavrful for the said party of the first part, his heirs or assigns, into and upon the said demised premises, and every pai't thereof, wholly to re-enter, and the same to have again, repossess and enjoy, as in his or their first and former estate, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding. And the saed paktt of the second pakt, for himself and his heirs, ex- ecutors and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, by these presents, that the said party of the second part, his executors, administrators or assigns, shall and will, yearly, and every year, during the term hereby granted, well and truly pay, or cause to be paid, unto the said party of the first part, his heirs or assigns, the said yearly rent above reserved, on the days, and in the manner, limited and prescribed, as aforesaid, for the payment thereof, without any deduction, fraud or delay, according to the true intent and meaning of these presents : [if so agreed, add, and that the said party of the second part, his executors, administrators or assigns, shall and will, at their own proper costs and charges, bear, pay and discharge all such taxes, duties and assessments whatsoever, as shall or may, during the said term hereby granted, be charged, assessed or imposed upon the said described premises:] and that on the last day of the said term, or other sooner determination of the estate hereby granted, the said party of the second part, his executors, administrators or assigns,, shall and will peaceably and quietly leave, sur- render and yield up, unto the said party of the first part, his heirs or assigns, all and singular the said demised premises. And the said paett of the FiEST past, for himself, his heirs and assigns, doth cov&ant and agree, by these presents, that the said party of the second part, his executors, admin- istrators or assigns, paying the said yearly rent above reserved, and per- forming the covenants and agreements aforesaid, on his and their part, the LEASES. 511 Of Farm. Of Mill. said party of the second part, his executors, administrators and assigns, shall and may at all times during the said term hereby granted, peaceably and quietly have, hold and enjoy the said demised premises, without any let, suit, trouble or -hindrance, of or from the said party of the first part, his heirs or assigns, or any other person or persona whomsoever. In witness [etc., as in Form 1028]. 1032. LandXord^i Certificate of Letting Fa/tm With Stock and Tools. This IS TO OEETrFT, that I have, this day of ,18 , let and rented nnto Y. Z., of , in the county of , a certain farm situate in the town and county aforesaid, and bounded as follows Idescriptiortl ; with the appurtenances, and also with the use, profits and behoof of the following named stock and farming utensils, cattle, horses and stock now being or to be on the said premises within described, on and from the day of , 18 , during the time below stated — viz., one span of horses and two set of harness, one pair cattle, one lumber-wagon, and all the farming utensils on the said farm now remaining and being, and the sole and uninterrupted use and occupation thereof, for the term of from the day of , 18 , at the yearly rent of dollars, payable on the first day of January [with the refusal of the same for five years more at the same rent, upon said Y. Z. giving me notice in writing of his intention to renew the lease on or before the day of , 18 ]. {Signature.'] [Date.1 1032. Tenant's Certificate of Same. This is to oertift, that I have, this day of , 18 , rented of A. B., of , his farm {describing it], and have agreed to the following covenants — viz., that I will seed well with timothy and clover seed all the land west of the brook which is broken up ; that I will leave the manure on the farm ; that I will pay for the sawing of such lumber as may be needed on the farm, the logs being at the mill ; that I will draw said lum- ber, and at my own expense construct a good fence therewith the whole leno-th of the new road on the west side, on or before the day of 18 • that I will pay or cause to be paid, the road and land tax on the same. I also promise to use the horses, oxen, wagons, sleighs and other tools carefully, and to return them in as good condition as they are now the necessary wear excepted, together with possession of the fiirm and buildings, on the day of , 18 . [Signature.] IDate.] 1033. Lease of Mill, With Proviso Suspending Sent in Case of Its Ceasing to liun. [As in other forms to the description of the premises, continuing thus:] the mill of the party of the first part, now run by JI. & N., which is feet in length, and contains looms, being one of the milla knov n and designated as the Ida Mills, in the city of ; together with 518 • ABBOTTS' FORMS. Lease of Mill. Of Cement Works. all the machinery now in the same belonging to the said party of the first part, ,and all stoves, boilers and fixtures, and every article now in the said miU which appertains to the same, and is necessary to its successful opera- tion ; and also all the dwelling-houses and storehouses used in connection with said mill, -which now belong to the said party of the first pai't. And the said party of the first part further agrees to pay all taxes and insurances on said premises, and to furnish water-power, water-wheels, main-shafting and gearing sufficient at aU times to keep in constant and full operation said mill, and all the running works of the same, and all machinery driven by water-power now in said mill. And the said party of the first part fur- ther agrees to secure to the said party of the second part the quiet and peaceable possession of all and evei-y part of said premises, machinery and tools, and all grounds appertaining to said mill, and all passage-ways to and from the same which are now used and may be neoes.sary for the ac- commodation of the same, for years from the first day of next. It is mutually understood and agreed between the parties hereto, that in case said mill should be necessarily stopped from casualty, or in case there shall be a want of or failure of water-power, the rent above mentioned to be paid shall cease, and not be chargeable during the continuation of such stoppage, want or failure. 1034. Lease of a Manufactory and Premises for Carrying On the Business of MaTcing and Selling Cements. This niroENTtrEB, made this day of , 18 , between A. B., of , of the first part, and Y. Z., of , of the second part, witnesskth : That in consideration of the rent and royalties hereinafter reserved, and of the covenants hereinafter contained, and on the part of the said Y. Z., his executors, administrators and assigns, to be observed and performed, he, the said A. B., hereby grants and demises unto the said Y. Z., his executors, administrators and assigns — First, all that tenement chiefiy used as an en- .^ine-house, situate in and fronting street in the city of , which said premises are more particularly delineated in the map or plan hereto annexed, and therein colored blue ; and the use and enjoyment of all the machinery, fixtures, implements, utensils and things which now are in or upon the said premises. And secondly, all and singular the manufactories, buildings, boiler-houses, kilns, erections, offices, buildings and premises situate between street and quay in the said city of , which said premises secondly hereinbefore described are more particulai-ly deline- ated in the said map or plan, and therein colored red ; and the use and enjoyment of all the machinex-y, fixtures, implements, utensils and things which now are in or upon the said premises secondly hereinbefore de- scribed (excepting, nevertheless, and reserving unto the persons in favor of or to whom the same have previously to the date of these presents been excepted and reserved, their executors, administrators and assigns, all the rooms which form the upper story of the several buildings hereby demised, and the absolute use and enjoyment thereof, whether for the purposes of business or otherw'se, a.nd unto the same persons, their executors, adminis- LEASES. 519 Of Cement Works. trators and assigns, and unto their servants, workmen or any other persons on their behalf; and, as to the piece of land colored brown in tlie said map, either on foot or by means of carts or other vehicles, horses or other ani- mals, full and free right and liberty of ingress, egress, regress, passage and way at all times over the said piece of land colored brown on the said plan from the point at which the said piece of land adjoins the wharf, and by all the other internal and external passages and ways by which the said room.s re-:pectively are or can be now approached from the said street from the point aforesaid) : To have and to hold all the said premises hereby de- mised, or expressed so to be, unto the said Y. Z., his executor.*, adminis- tr.ators and assigns, for the term of years from the day of next: Yielding and paying in respect of the premises hereby demised every year during the said term of years the clear yearly rent of dol- lars, and yielding and paying every year during the said term a royalty of per bushel in respect of all cements which shall be made or manu- factured and sold by the said Y. Z., his executors, administrators or assigns, or any person or persons on his or their behalf, either on the premises here- by demised or on any part thereof, or on any other premises or in any other place or places whatsoever, such rent and royalties to be paid by equal quar- terly payments on the day of , the day of , the day of , and the day of , clear of all deductions, the first quar- terly payment of the said rent and royalties respectively to be made on the day of next. And the said Y. Z. hereby, for himself, his heirs, executors, administrators and assigns, covenants with the said A. B., his ex- ' eoutors, adujinistrators and assigns, that the said Y. Z., his executors, ad- ministrators and assigns, shall and will, during the said term, pay the said rent and royalties respectively on the said days of payment whereon the same respectively are hereinbefore made payable without -any deduction, and also pay and discharge all present and future taxes, charges, rates and assessments upon the said premises hereby demised, or on the occupier or occupiers thereof in respect of the same, and will at all times beep indemni- fied i;he said A. B., his heirs, executors, administrators and assigns, from the payment thereof respectively; and further, that the said Y. Z., his execu- tors, administrators and assigns, shall and will, at all times during the said term of years, carry on, within the said city of , the business of making or manufacturing cements and selling the same there and elsewhere to the best possible advantage ; and shall and wiH at all times during the said term keep proper books of account on the said premises hereby de- mised, or on some part thereof, and shall from time to time make such en- tries therein as shall clearly show the quantity of cement which shall from time to time be manufactured and sold by him or them, or any person or persons on his or their behalf, and also the amount of royalties which shaU from time to time become payable in respect thereof, and also all other matters which ought to be entered in such books in relation to the said busi- ness'; and shall and will on the first day of every montli during the said terra, at his or their own expense, supply the said A.'B., his executors, ad- ministrato"s and assigns, with a proper and faithful account, in writing, of all the cements which sball have been manufactured or sold as afore- 520 ABBOTTS' EORMS. Lease of Wharf and Machinery. said during the then preceding month, together with all vouchers and such other evidence as may be required in order clearly to show the aoouracy of suoh account; and shall and will, if and when required so to do by the said A. B.. his executors, administrators or assigns, further evidence the accuracy of every such account by the oath or affirmation of the said T. Z., his executore, administrators or assigns; and shall and will on every quarter-day during the said term during which the royalties hereby reserved are made payable by these presents, pay the full amount of the royalties which shall have become payable in respect of all the cements which shall have been manufactured or sold during the then preceding quarter of a year. And further, that in case the said rent and royalties hereby reserved, or any of them, or any part thereof respectively, shall at any time or times during the said term, fail to be paid at the times and in the manner hereinbefore provided for this purpose, then (in addition to the powers of distress and entry which he or they may possess independently of any special clause to this effect) it shall be lawful for the said A. B., his ex- ecutors, administrators or assigns, into or upon the said premises hereby demised, or expressed so to be, or any part thereof, or any other premises wherein or whereupon the said business may^or the time being be carried on, to enter and distrain for the same rent and royalties so in arrear, and the distress or distresses there found to impound and detain, sell and dispose of in such manner as landlords are by law authorized to do in respect of ar- rears of rent reserved upon common demise, to the intent that the said A. B., his executorSj administrators or assigns, may by such distress or dis- tresses be from time to time satisfied, all such rent and royalties as may be so unpaid as aforesaid, and all costs and expenses occasioned by non- payment or default in payment thereof. In witness [Htc, as in Form 1028]. 1035. Lease ty Tenarkts in Common, of Wharf, Machinery^ etc., With Cove- nants by Lessee for Repairs, and Proviso for Determining the Term at the Und of Fourteen, Twenty-eight or Forty-two Years by Lessee on Sis' Giving Previous Notice. This indentttee, made the day of , between A. B., of, etc., lessor of one moiety of the premises, of the first part, 0. D., of , lessor of other moiety of premises, of the second part, and Y. Z., of , lessee, of the third part. Wheeeas the said A. B. and 0. D. are seized of and absolutely entitled to the messuage or dwelling-house, piece or parcel of ground, warehouses, offices, erections, wharf, fixtures, machinery and things hereinafter men- tioned, and intended to be hereby demised, as tenants in common in equal shares : And whereas, the said A. B. and 0. D. have iigreed to grant to the said Y. Z. a lease of the said premises, upon the terms and in the manner hereinafter expressed: Now this indenture witnesseth, that in considera- tion of the rent hereinafter reserved and of the covenants hereinafter con- tained, and on tlie part ol the said Y. Z., his executors, administrators and LEASES. 521 Of Wharf arid Machinery. assigns, to be observed and performed, they, the said A. B. and 0. D. (ac- cording to their respective moieties in the property intended to be hereby demised), do, and each of them does, hereby grant and demise unto the said Y. Z., his executors, administrators and assigns, all that messuage or dwelling-house, etc., and also all that piece or parcel of ground, etc., with the warehouses, offices or buildings, and other erections now standing and being thereon ; and also all that wharf adjoining thereto, now called and known by the name of Wharf, situate, lying and being in , in the county of , and bounded [here give boundaries], and now in the occupation of , and aU which said hereditaments and premises are more particularly described or delineated in the map or plan drawn in the margin of [or, annexed to] these presents. And also the use and en- joyment of all the Ynachinery, cranes, fixtures, implements, utensils and things which now are in or upon the said premises, and the particulars whereof are specified in the schedule hereto annexed: To havb and to hold the said premises hereinbefore demised or expressed so to be, untO' the said Y. Z., his executors, administrators and assigns, from tlie day of , 18 , for the term of sixty years thenceforth, yielding and paying therefor yearly, and every year during the said term of sixty years, the rent of dollars, by equal half-yearly payments, on the day of and the day of . And the said Y. Z. hereby for himself, his heu's, executors, administrators and assigns, covenants in manner following: That the said Y. Z., his executors, administrators and assigns, shall and will [insert cove- nant, to pay rent and taxes, as above], and also shall and will at all times, during the said term, at his and their own costs, as often as occasion shall require, well and suflSoiently repair, support, maintain and keep in good and substantial repair and condition the messuage, wharf, machinery and premises hereby demised, or expressed so to be, and also all other the erec- tions and buildings which shall at any time during the said term be erected and set up in or upon the said demised premises, and the same in such good and substantial repair and condition, shall and will, at the expiration or other sooner determination of the said term of sixty years, peaceably and quietly surrender and give up unto the said A. B. and 0, D., their heirs and assigns, the reasonable use and wear thereof in the mean time only ex- cepted. Peovided always, and it is hereby agreed and declared, that if the said Y. Z., his executors, administrators or assigns, shall be desirous of de- termining the said term of sixty years, at the expiration of the first fourteen, twenty-one or forty -two years of the said term, and of such his or their de- sire shall for that purpose deliver to thesaid A. B. and 0. D., respectively, or their respective heirs or assigns, months' previous notice in writing, and shall pay and discharge all arrears of rent, and perform all the cov- enants hereinbefore contained, and on his and their part to be observed and performed, then and in such case, at the expiration of the said term of fourteen years, this present lease, and every thing herein contained shaL absolutely cease and determine to all intents and purposes. In wiTirass [etc, as in Form 1028]. 522 ABBOTTS' FOEMS. Mining Lease. Covenants. 1036. MirHng Lease. \As in Form 1031 to the * continuing thus .•] do grant and convey to the said party of the second part, his heirs, executors, administrators and as- signs, the right of entering in and upon the lands hereinafter described, for the purpose of searching for mineral and fossil substances, and of conduct- ing mining and quarrying operations, to any extent he may deem advisable [for the term of years, from the day of ,,18 ], (but not to hold possession of any part of said lands for any other purpose v?hatsoever), paying for. the site of buildings [or, designate other woris] necessary thereto, a reasonable rent. The said lands are situated [here insert description]. And the said party of the second part hereby agrees that he, his heirs, executors, administrators or assigns, will pay or cause to be paid to the said party of the first part, his heirs or assigns [here state payments}, and also covenants that no damage shall be done to or upon said lands and premises, other than may he necessary in conducting said operations. And the said parties of the first and the second part, each for themselves, their heirs, ex- ecutors, administrators and assigns, covenant and agree, and this Indenture is made with this express proviso, that if no mineral or fossil substance be mined or quarried, as now contemplated by said parties, within the period of years, from the day of , 18 , then these presents, and every thing contained herein, shall cease, and be forever nuU and void. In witness [etc., as in Form 1028]. 1037. Covenant Not to Assign, etc. And aEo that he, the said party of the second part, himself, his executors, administrators or assigns, or any of them, shall not, nor will, at any time or times hereafter, during the term hereby granted, lease, let or demise all or any part of the said premises hereby dertiised, nor assign, transfer or make over the same, or this present lease, or any of his or their term or time therein to any person or persons whomsoever, without the consent of the said party of the first part, his heirs or assigns, in writing, under his or their seal, for that purpose first had and obtained, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding. 1038. Covenant to Renew. It is further agreed, that at the expiration of the term [in the annexed lease mentioned], the said party of tlie first part hereby agrees to let and lease to the said party of the second part all the premises, machinery and appurtenances in said lease mentioned, for another term of years, at the same annual rent, and on the same conditions under which said party of the second part now holds said premises under and by virtue of the present lease; provided sai^ party of the second part shall, at least one yeai LEASES. 623 Various Covenants. before the termination of the present lease, notify the said party of the first pai't of his intention to hire said premises and appurtenances for such additional term. 1039. Covenant to Buy Fixtures at a Valuation. And the said party of the first part hereby covenants and agrees to and with the said party of the second part, that at the expiration of the present lease, or of the renewed lease, if the same shall be accepted, he will pur- chase of the said party of the second part all the machinery that shall have been placed by him in or upon the said premises during the whole time he shall have occupied the same, allowing therefor to the said party of the second part the full valuation at which such machinery shall then be esti- mated, in the buildings, and not for purpose of removal. And in case the parties hereto shall not agree upon such valuation, then the same shall be made by three disinterested persons, one of whom is to be chosen by each of said parties, and the other to be selected by the two so chosen. / 1040. The Same ; Another Form. That if said company shall put into said buildings steam-boiler pipes and apparatus for heating of said buUdings by steam, and also shall put into that part of said buildings to be occupied by said company gas-pipes and fixtures for lighting the same, then at the termination of said lease said ex- ecutors shall, on demand, pay to said company, for said gas-pipes and fix- tures, the original cost thereof, without interest ; and for said boiler, steam- pipes and apparatus the then value of the same, as such value shall be determined by three competent and disinterested appraisers, one chosen by said executors and one by said company, and the third by the two so chosen. In default of such payment for any of said property so to be paid for as aforesaid, said company may at its election remove the same, but without causing unnecessary damage to said buildings. Said value of the boiler, . steam-pipes and apparatus shall be determined by their value in said buildings, and not their value when removed therefrom. 1041. Stipulation for Renewal ly Indorsement. And it is further agreed, that in case the said party of the second part shall, with the written consent of said party of the first part, indorsed hereon or on the duplicate hereof, at any time hold over the said premises beyond the period above specified as the termination of this lease, then said party of the second part shall hold said premises upon the same terms and under the same stipulations and agreements as are in this instrument contained, and no holding over by said party of the second part shall op- erate to renew this lease without such written consent of said party of the first part. £24: ABBOTTS' FOEMS. Lease for Lives. 1042. Proviso as to Re-entry, With Waiver of Notice. Pbovided, howbteb, and it is further agreed, that if the said rent shall remain unpaid days after the same shall become payable as aforesaid, or if the said party of the second part shall assign this lease, or underlet or otherwise dispose of the whole or any part of said demised premises, or use the same fpr any purpose but that hereinbefore authorized, or make any alteration therein, without the consent of the party of the first part in wri- ting, or shall commit waste or suffer the same to be committed on said premises, or injure or misuse the same, then this lease shall thereupon, by virtue of this express stipulation therein, expire and terminate, and the , party of the first part may at any time thereafter re-enter said premises, and the same have and possess as of his formei estate, and, without such re-entry, may recover possession thereof in the manner prescribed by the statute relating to summary process ; it being understood that no demand for the rent, and no re-entry for condition broken, as at common law, shall be necessary to enable the lessor to recover such possession pursuant to said statute relating to summary process, but that all right to any such de- mand or any such re-entry is hereby expressly waived by the said party of the second part. And it is farther agreed between the parties hereto, that whenever this lease shall terminate, either by lapse of time or by virtue of any of the ex- press stipulations therein, the said lessee hereby waives all right to any no- tice to quit possession, as prescribed by the statute relating to summary process. 1043. Lease for Lives, at a Nominal Rent. This indentuee, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and T. Z , of , in the said county, and W. Z. his vrife, of the second part, witnesseth : That the said party of the first part, for and in consideration of the rents hereinafter mentioned, and also in consideration of love and aflection, doth hereby grant, demise and let unto the said parties of the second part the brown- stone house and the land on which the same is located, being forty-four feet front, and also the two vacant lots of ground adjoining thereto ; the said premises being in street, between and avenues ; and also the stable in the rear of said house, and fronting on street : To HAVE AisTD TO HOLD the Said described premises with the appurtenances, in- cluding the household furniture therein, and also the library, fixtures, plate, paintings, statuary and household furniture now in said house, unto the said parties of the second part jointly while they both shall live, and to the survivor while he or she shall live, they, he or she paying therefor unto the said party of the first part the yearly rent of one dollar per annum on the first day of in each and every year during said term, and com- mencing on the day of , in the year one thousand eight hundred and And for ie consideration aforesaid, the said party of the first part, fof LEASES. i525 Onder Lease. Grovind Lense. his heirs, executors and administrators, further covenants and agrees to pay all taxes and assessments that may be imposed upon and be chargeable against the said premises, during the continuance of this lease, from year to year as the case may be, and will also keep the said house and stable, and the goods and household fm-niture therein, at all times adequately insured. And the said party of the first part, for his executors and administrators, doth covenant and agree to and with the said parties of the second part, that the said parties of the second part, on paying the said yearly rent, shall jointly while they both live, and the survivor while he or she shall live, at all times during the continuance of this lease, peaceably' and quietly have, hold and enjoy the said demised premises without any manner of suit, trouble or hindrance of or from the said party of the first part, his heirs or assigns, or any other person or persons whomsoever. In witness [etc., as in Form 1028]. 1044. Under Lease. [Follow other forms, except that after describing the premises, say :] bemg the same premises demised by M. N. to the party of the first part, by a lease bearing date the day of , 18 [and among the covenants, add:\ And the said [naming lessee], for himself, his heirs, executors and adminis- trators, hereby covenants with the said {lessor], his executors, administra- tors and assigns, that he and they will truly pay, or cause to be paid, the yearly rent, reserved by the said lease so granted by the said M. N., as afore- said, and observe and perform the covenants, conditions and agreements therein contained, and will keep the said [lessor], his executors, administra- tors and assigns, indemnified against the payment of the same rent, and the performance of the same covenants, conditions and agreements, except so far as such covenants, conditions and agreements are conformable to the covenants, conditions and agreements hereinbefore contained on the part of, and which ought to be observed and performed by the said lessor, his executors, administrators and assigns. 1045. Ground Lease, Twenty-one Tears, With Covenants to Build, and for Renewals. This mDENrnEB, made this day of , 18 , between the A. B. corporation of the city of , of the first part, arid Y. Z. of the city of , of the second part, witkesseth : That the said parties of the first part, in consideration of the rents and covenants hereinafter reserved and contained, have granted, demised and to farm let, and by these presents, do grant, demise and to farm let, unto the said party of the second part, all that certain lot of land, situate, lying and being in the Ward of the city of New York ; being part of the lands of the said parties of the first part, and distinguished [here insert description of the premises] : To have AND TO HOLD the Said lot of land, unto the said party of the second part, his executors, administrators and assigns, from the day of , 18 , for and (luring, and until the full end and term of years thence 526 ABBOTTS' FORMS. Ground Lease. next ensuing, and fully to be complete and ended ; yielding and paying for the same, yearly and every year during the said term, unto the said parties of the first part, their successors or assigns, the sum ol dollars, of lawful money of the Unitea States, in two equal half-yearly payments ; that is to say, on the first day of May and on the first day of November, in each and every year during the term hereby granted; the first payment to be made on the first day of May now next ensuing: Peovidbd, always, that if it shall happen that the said yearly rent, or any part thereof, shall not bo paid on any day on which the same ought to be paid as aforesaid, then and at all times'thereafter, it shall and may be lawful to and for the said parties of the first part, their saocessors or assigns, into the said demised premises, or any part thereof, in the name of the whole, to re-enter and to repossess, have and enjoy the same again as of their former estate, and interest therein, any thing herein contained to the contrary in any wise notwithstanding. And the said party of the second part, for himself, his executors, adminis- trators and assigns, does hereby covenant and agree, to and with the said parties of the first part, their sucoepsors and assigns, that the said party of the second part, his executors, administrators and assigns, shall and will, half yearly, and every year during the term hereby granted, well and truly pay unto the said parties of the first part, their successors or assigns, the said rent hereby reserved, at the days and times hereinbefore limited for the payment thereof, without fraud or delay : And also, that the said party .of the second part, his executors, administrators or assigns, shall and will, at his and their own proper costs and charges, hear, pay and discharge all such duties, taxes, assessments aftd payments, extraordinary as well as ordinary, as shall, during the term hereby granted, be imposed or grow due and payable, out of or for the said demised premises or any part thereof, by virtue of any present or future law of the United States of America, or of the State of , or of the corporation of the city of . And also, that the said party of the second part, his executors, administrators or assigns, or any of them, shall not, nor will, at any time or times hereafter during the term hereby granted, lease, let or demise, all or any part of the said premises, nor assign, transfer or make over the same, or this present lease, or any of his or their term or time therein, to any person or persons whomsoever, without the consent of the said parties of the fii'st part, their successors or assigns in writing, under their seal for that purpose first had and obtained, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding; and also, that the said party of the second part, his executors, administrators or assigns, or any of them, shall not, nor will, at any time hereafter, during the term hereby granted, erect, make, establish or carry on, nor cause or suffer to be erected, made, estab- lished or carried on, in any manner, on any part of the above-described and hereby demised premises, any stable, slaughter-house, tallow chandlery, smith-shop, forge, furnace or brass-foundry, nail or other iron factory, or any manufactory for the making of glass, starch, glue, varnish, vitriol, tur- pentine or ink ; or for tanning, dressing, preparing or keeping skins, hides or leather ; or any distillery, brewery, sugar bakery, or any other manu- factory, trade, business or calling whatsoever, which may be in any wise LEASES. i527 Ground Lease, noxious or offensive to tlie neighboring iniiabitants ; and lastly, that the said paa-ty of the second part, his executors, administrators or assigns, shall and will, on the last day of the term hereby granted, or other soonei' deter- mination thereof, well and truly surrender and deliver up the said hereby demised premises into the possession of the said parties of the first part, their successors or assigns, without fraud or delay. Provided always, that it shall be lawful for the said parties of the first part, their successors and assigns, when and as often as default shall be made in the payment of the said rent, or any part thereof, to distrain for the same, any thing hei-ein contained to the contrary notwithstanding. And provided further, and this present lease is upon this express condition, that if the said pai-ty of the second part, his successors or assigns, shall at any time during the term hereby granted, erect, malse, establish or carry on, or cause or suffer to be erected, made, established or carried on, in any manner, on any part of the above-described and hereby demised premises, any stable, slaughter-house, tallow chandlery, smith-shop, forge, furnace or brass-foundry, nail or other iron factory, or any manufactory for the making of glass, starch, glue, var- nish, vitriol, turpentine or ink; or for tanning, dressing, preparing, or keeping skins, hides or leather; or any distillery, brewery, sugar bakery or any other manufactory, ti'ade, business or calling whatsoever, which may be in any wise noxious or offensive to the neighboring inhabitants ; or shall fail in the performance of any or either of the covenants, conditions or provisoes in these presents contained, which, on the part and behalf of the said party of the second part, his executors, administrators and assigns, are or ought to be observed, performed, fidfilled and kept, then and from thence- forth, this present indenture and the estate hereby granted, and every clause, article and thing herein contained, on the part and behalf of the said parties of the first part, to be performed, falfllled and kept, shall cease, determine and be utterly void, to all intents and purposes whatsoever, any thing herein contained to the contrary thereof in any wise notwithstanding. And the said party of the second part, for himself, his executors, adminis- trators and assigns, hereby fm-ther covenants and agrees, to and with the said parties of the first part, their successors and assigns, that he, the said party of the second part, his executors, administrators or assigns, shall and wiU, within years from the commencement of the term hereby granted, erect and build, or cause to be erected and built, on the premises liereby demised, so as to cover the whole front thereof, a good and sub- stantial dwelling-house, stories high, to be covered with slate or metal, and the front thereof to be finished in such style as may be approved of by the said parties of the first part, their successors or assigns. And it is hereby mutually covenanted and agreed, by and between the parties to these presents, that if the said party of the second part, his executors, ad- ministrators or assigns, shall and do, within years from the com- mencement of the term hereby granted, erect and build, or cause to be erected and bitilt on the premises hereby demised, such dwelling-house as is above described, then the said parties of the first part, their successors or assigns, shall and will, at the end and expiration of the term hereby demised, fjrant and execute unto the said party of the second part, his executors, 528 ABBOTTS' FOEMS. Ground Lease. administrators or assigns, at his or their expense, a renewal of tliis lease, for the further term of twenty-one years thence ensuing, at such annual rent as shall be agreed upon by the said parties, their executors, adminis- trators, successors or assigns, respectively, in half-yearly payments (hut not less than the rent above reserved); and in the event of their not agreeing upon such rent, each party shall choose a disinterested person to ascertain the same, which persons so chosen shall themselves respectively be owners, in fee-simple, of one or more lots of land in the neighborhood of the one hereby demised, and shall, in making their award or determination in the said premises, under oath, appraise and value the said lot of land hereby demised, at its full and fair worth or price at private sale, considering the same as an' unencumbered vacant lot, and per cent, on the amount of their said appraisement or valuation shall be the annual rent of the said lot of land for such further term; and! in case the arbitrators should differ in the amount of their appraisement or valuation, as aforesaid, they shall then choose an umpire, qualified as aforesaid, whose decision, under oath, shall fix and determine the same, and per cent, on the amount of the ap- praisement or valuation so fixed and determined shall be the annual rent of the said lot of land for such further term. And it is further mutually covenanted and agreed, by and between the parties aforesaid, that at the expiration of the term to be granted by such renewed release as aforesaiil, the said parties of the first part, their successors or assigns, shall have the full liberty and choice either to grant a second renewal' of this lease for the farther term of years thence ensuing, at such annual rent, payable half yearly (but not less than the rent of the preceding term), as shall be ascertained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators or assigns, the value of the said house to be bnUt and erected as aforesaid, which value shall be ascertained by three disinterested persons on oath, to be chosen as aforesaid. And it is farther mutu£ly covenanted and agreed, by and between the parties aforesaid, that in case the said pai-ties of the first part, their successors or assigns, shall and do elect and choose to grant a second renewal of this lease as aforesaid, they, the said parties of the first part, their successors or assigns, shall still have and retain the full liberty and choice at the' expiration of the term to be granted by such second • renewal, either to grant a third renewal of this lease for the further terni of twenty-one years thence ensuing, at such annual rent, payable half yearly (but not less than the rent of the last preceding term), as snail be ascer- tained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators or assigns, the value of the said house, which value shall be ascertained as aforesaid ; and in this manner, at the expiration of the term to h6 granted by theflrst renewal of this lease, and at the eSpiration of each and evbry term which may be thereafter granted by feach and every subsequent renewal of this lease, the said parties of the first part, their successors or assigns, shall still have and retain the full liberty and choice, either to grant a further renewal of this lease for the further term of twenty-one years, at suoh annual rent payable half yearly (but not less than the rent of the last preceding term). LEASES. 529 Renewal Leafie. as shall be ascertained and determined in the manner aforesaid, or to pay imto tlie said party of the second part, his executors, administrators or assigns, the value of the said house, which value shall ho ascertained as aforesaid. And it is further mutually covenanted and agreed, by and be- tween the parties aforesaid, that whenever the said parties of the first part, their successors or assigns, shall refuse to grant a renewal of this lease as aforesaid, the said house shall be valued and paid for as aforesaid : Provided always, that the party of the second part, his executors, administrators or assigns, shall not be compelled to surrender the premises until such pay- ment be made or tendered. And it is further mutually covenanted and agreed, by and between the parties aforesaid, that in case the said parties of the first part, their successors or assigns, shall at the expiration of the term to be granted by the first renewal of this lease, or at the expiration of any term which may be granted thereafter, by any subsequent renewal thereof, elect and choose to pay unto the said party of the second part, his executors, administrators or assigns, the value of the said house to be ascer- tained as aforesaid, and shall actually make such payment or tender the same, he, the said party of the second part, his executors, administrators or assigns, shall then deliver up the said house in the same order and con- dition in which it was at the time of its valuation as aforesaid, and also all and singular other the premises hereby demised, into the hands and posses- sion of the said parties of the first part, their successors or assigns, without fraud or delay. And lastly, it is mutually covenanted and agreed, by and between the parties aforesaid, that each renewed lease shall contain the like covenants, provisoes and conditions, as herein contained, except as regards the erection of any house or building on the said demised premises. In witness [etc., as in Form 1028]. 1046. Senewal Lease. Whbeeas the said parties of the first part, by indenture dated the day of , 18 , did grant and demis.e unto , all that certain lot of land hereinafter described for the term of twenty-one years, from the day of then next, subject to certain rents, covenants and con- ditions therein reserved and expressed. And among other things it was thereby agreed, that in case of the erection on the said lot of land of a building of such description as is therein specified, the said parties of the first part should, at the expiration of the said term, grant a new lease of the said lot for the further term of twenty-one years, at an annual rent to be agreed upon or ascertained as is therein mentioned, and with such cov- enants, conditions and provisoes to be therein inserted as are hereinafter contained. And whereas a building has been erected on the said lot of land of the description mentioned in the said lease, according to the terms ' thereof, whereby the said party of the second part is entitled to a renewal of the said lease for such further term, at an annual rent hereinafter re- served, and now in the manner prescribed by the said lease, payable half yearly, and subject to the covenants, conditions and provisoes hereinafter contained. Now, THBXiEFOEE [proceeding as in preceding form]. 34 530 ABBOTTS' FORMS. Building Lease. 1 047. Lease hy it Municipal Corporation for Purposes of a Fair, Lessees Covenanting to Brect Building. Tms INDENTURE, made tHs day of , one thousand eight hnn dred and , b'etween the mayor, aldermen and commonalty of the city of ISTew York, parties of the first part, and Y. Z., of said city, party of the second part. Wheeeas a certain resolution was heretofore adopted by the common council of said city, and approved hy the mayor of said city, on the day of , which said resolution is as follows: "Resolved, that the free use and sole occupation of the ground known as Reservoir Square, belong- ing to the corporation of the city of New York, and bounded [etc.], be, and the same is hereby granted to Y. Z. and his associates for the term of five years, if required and used by them for the purpose hereinafter mentioned for that period ; if not for the period of time, they may use the same not beyond |five years from the adoption of this resolution, said Y. Z. and his associates paying therefor the rent of one dollar per annum, whereon to erect a building of iron and glass for the purpose of an Industrial Exhibi- tion of all Nations, in pursuance of the prayer of the petitioner, annexed, provided that the price of admission to said building for individuals shall at no time exceed fifty cents. Now this indentueb witnesseth, that the said parties of the first part have letten, and by these presents do grant, demise and to farm let unto the said party of the second part, the free use and sole occupation of that part of the ground known as Reservoir Square, which is particularly designated, being colored pink on a map hereto an- nexed, drawn by , city surveyor, dated [etc.], which said map is considered a part of this indenture, said portion of said ground measuring [etc.], for the purpose of erecting thereon a building of iron and glass ftr the purpose of an Industrial Exhibition of all nations, pursuant to the prayer of said Y. Z. heretofore presented to the said common council, and on file in the office of the clerk of said common council, for the term of five years, if required and used by the said party of the second part for the purpose hereinbefore mentioned for that period ; if not for the period of time he may use the same for said purpose, not beyond five years from tli& said day of , one thousand eight hundred and , at the yearly rent or sum of one dollar por annum, to be paid in equal quarter-yearly payments; and it is agreed, that if any rent shall be due and unpaid, or if default shaU be made in any of the covenants herein contained, then it sh.ill be lawful for the said parties of the first part to re-enter the said premise-, and to remove all persons therefrom. And the said party of the second part doth hereby covenant to pay to the said parties of the first part the said yearly rent as herein specified ; and it is expressly understood and agreed, and this indenture is upon the express condition that the said party of the second part and his associates^ sliall and will erect upon the said premises, such a building as is described in the petition and resolution aforesaid, and that the price of admission to said building for individuals shall at no time exceed fifty cents ; and that at the expiration of tlie said term, the said party of the second part shall quit and surrender the pietnises LEASES. 53 J Farm Lease on Sliares. Surrender. hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted ; and the said par- ties of the first part do covenant, that the said party of the second part, on paying the said yearly rent, and performing the covenants and agreements aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the terra aforesaid. Is WITNESS [etc., as in Form 1028]. 1048. Covenants in a Fa/rm Lease on Shares. And the said party of the second part hereby covenants and agrees, to and with the party of the first part, that he will occupy, till and in all re- spects cultivate the premises above mentioned, during the term aforesaid, in a busbandlike manner, and according to the usual course of husbandry practised in the neighborhood ; that he will not commit any waste or damage, or sufier any to be done ; that he wiU keep the fences .ind build- ings on the said premises in good repair, reasonable wear thereof and dam- ages by the elements excepted ; and that he will deliver to the said party of the first part, his heirs, executors or administrators, or to his or their order, one equal half of all the proceeds and crops produced on the said farm and premises aforesaid, of every name, kind and description,— to be divided on the said premises, in the mow, stack, or half-bushel, according to the usual course and custom of making such divisions in the neighbor- hood, and within a reasonable time after such crops shall have been gath- ered and harvested. It is further agreed between the parties hereto that the party of the first part shall provide one equal half of all seed or seeds necessary to be sown or planted on said premises, and pay all taxes and assessments upon the same; that the party of the second part is to do, or cause to be done, all n-ecessary work and labor in and about the cultivation of the said premises ; that he is to have full permission to inclose, pasture or tUl and cultivate the said premises, so far as the same may be done without injury to the reversion, and to cut all necessary timber for firewood, farming purposes and repairing fences ; and that he is to give up and yield peaceable posses- sion of the said premises at the expiration of his said term. 1049. Surrender of a Lease Indorsed Thereon. Know all men by these presents, that I, Y. Z., the within-named lessee [or, assignee of the within -named lessee], in consideration of dollars, to me in hand paid, do, for myself, my executors and administrators, bar- gain, sell, surrender and yield up, from the day of the date hei-eof, unto the within-named Y. Z., lessor \or other owner of the retersion}, and his heirs [or, his executors and administrators], the within indenture of lease, and tlie lands and premises therein mentioned, and the term of years therein yet to come, with all my right, title and interest thereto' and );hat free and clear of all encumbrances of what kind soever, at any time, by me, or by my privitTT consent or procurement, done, committed •ov suffered. 1^ WITNESS [etc., as in Form 1038]. 532 ABBOTTS' FOKMS. Legislation. CHAPTEE LV. LEGISLATIOK. Notice of a/pplicaUon. — By the statutes of New York,(a) it is required that all persons applying to divide or alter the bounds of any county, city or vil- lage ; or to erect a new county ; or to incorporate a new city or village ; for the removal of any courthouse ; or the imposing of a ta,x for making or improving a road ; or for any other local purpose, in any county, where all or any of the inhabitants of such county are proposed to be taxed ; for a release of lands es- cheated to the State ; for the passage of laws authorizing the construction of dams in or across the streams or waters of this State, which are, by law, public highways ; — shall give notice of such intended application by advertisement, to be published for at least six weeks successively, immediately before such appli- cation or before the first day of the session at which the same is to be made, in a newspaper printed in the county, or in each of the counties where the objects pf such application are intended to be carried into effect, and also in case of in- tended application for the imposition of any tax as aforesaid, in the State paper. Every association intending to apply to the Legislature for an act of incor- poration, and every corporation intending to apply for an alteration, amend- ment or extension of its charter, shall cause the like notice of such application to be published in the State paper, and also in a newspaper printed in the county In which such corporation is intended to be, or shall have been established. If no newspaper be printed in a county in which any notice is required to be published, such notice shall be published in like manner, in the place nearest thereto in which a newspaper shall be printed. s If the application be for an act of incorporation, the notice shall specify the amount of the capital stock requisite to carry the objects of such incorporation into effect ; and if the application be for an alteration in any charter already granted, the notice shall state specifically the alteration intended to be applied for. The notice of all other applications, of which notice is required to be given, shall specify the nature and objects of such intended applications. It is held, however, that the omission to give such notice does not affect the validity of such an act, if it be passed by the Legislature witliout the notice ; and if it could, tiie notice might be presumed to have been given, in the ab- sence of evidence to the coutrary.(6) Priiiate bills. — The constitution(c) provides that no private or local bill shall embrace more than one subject, and that shall be expressed in the title. The intent of this is to prevent the uniting of various objects having no neces- sary or natural connection with each other in one bill, so as to combine various interests in support of the passage of the whole bill.(d) "Where the object of a bill is single and entire, provisions incidental thereto need not be expressed in the title, but the title shoul'd indicate the general scope and object.(e) (a) 1 Jiev. Stat., 15S. («) Brewster v. City of Syracuse, 19 A\ (6) Smith V. Helmer, 7 £arh., 416. Y,, 116 ; Hosier ii. Hilton, 15 Barb., 657 ; (c) Const, of N. Y., art. 3, § 16. People ii. Lawrence, 86 lb., 177. (^d) Connfer v. May(rr,*eto., of N. Y., 5 Jf. Y. (1 SeU.), 285. LETTERS OF CREDIT. 633 Notice of Applying to Legislature. FAOK 1050. Notice of npplicntion to Legislature 533 1051. Petition for euactment of a law 683 1052. Bemoustranoe against a pending bill 583 1050. Notice of Application to the Legislature. Notice is hereby given, that an applioation«will be made to the Legis- lature of the State of New York, at the session commencing on the day of ) 18 , for [here state the nature and oljects, as above required], [Date.] A. B., of 0. D., of 1051. Petition for the Enactment of a Law. To the Legislature of the State of : The petition of the nndersigned, citizens [and taxpayers] of said State, respectfully shows. [Sere state facts.] Wheeefoee, your petitioflers ask the enactment [here state what is de sired]. [Date^ [Signatures!] 1052. Remonstrance Against a Pending Pill. To the Legislature of the State of New York: The undersigned, citizens [and taxpayers] of the city of New York, re- spectfully remonstrate against the passage of any bills now pending before the Legislature, by which the franchise or right of constructing raih-oads in the city of New York is granted to private individuals. This remonstrance Is on the ground that [setting forth the reason]. [Pate.] [Signatures.] CHAPTER LYI. LETTERS OF CREDIT. Letters of credit are of two kinds, general and special. A special letter of credit is addressed to a particular individual by name, and is confined to him, and gives no other person a riglit to act upon it. A general letter, on the contrary, is addressed to any and every person, and therefore gives any person to whom it may be shown, authority to advance upon its credit. A privity of contract springs up between him and the drawer of the letter and it becomes, in legal effect, the same as if addressed to him by name.(a) (a) Union Bank ®. Coster, 8 iK Z. (8 Oomst.), 208. 534 ABBOTTS' FORMS. Letters of Credit. The language of a letter of credit shotdd be weU considered in reference to the point whether the writer intends to confine it to one or more transactions amounting to a specified sum, and beyond that extent, to cease, or whether he will allow it to stand as a continuing guaranty, so that the person for whose benefit it is given may continue to make new transactions under it, by paying what he first incurs. If the writer desires' that notice should be given him of transactions had under the guaranty, it is be^ to express that condition in the letter. If ex- pressed, the condition must be steadily pursued. There is some conflict of authority as to whether notice is necessary, if not required by the tenor of the letter.(6) . In order to render the writer liable, the terms of the letter must be strictly pursued. If it specifies the amount or the time of credit, he cannot be held for a greater amount, or for a debt incurred at a longer credit. FAGK 1058. General letter of guaranty oS4 1054. General letter of credit and guaranty 534 1055. Special letter 584 1053. General Letter of Guaranty. I HEKEBT guarantee to any person advancing money or selling goods to A. B., not exceeding dollars, the payment thereof, at the expiration of the credit which shall be given. [Date.'\ [Signature.'] {Address] to A. Ti.{c) 1054. General Letter of Credit and Guaranty. {d) SiE — We hereby agree to accept, and pay at maturity, any draft or drafts on us at sixty days' sight, issued by Messrs. 0. D. ife Co., of ^our city, to the extent of $25,000, and negotiated through your bank. We are [etc.] [Date.] [Signature.] I hereby guarantee the due acceptance and payment of any draft issued in pursuance of the above credit. [Signature of guarantor.] [Date.] 1055. Special Letter. To A. B. — Sir — I will be responsible for goods [limiting the Hnd, if de- sired] to he sold [or, money to be lent] by you to 0. D., to an amount not exceeding in the aggregate dollars [or, if desired to give a continuing guaranty, not exceeding an indebtedness of dollars at any one time]. [Date.] [Signature^ (b) Compare Adams v. Jones, 12 Pet. advances, etc., on the faith of it, giving S. Gt., 207 ; Douglass «. Eeynolds, 7 lb., notice to the writer. Adams v. Jones, 12 126; 12/*., 407; Louisville Manuf. Co. o. Pet. S. Of., 207 ;Eussen«i. Wiggin, 2^«o/-3/ Welch, 10 //OMJ. 6'. Gt., 461 ; and Smith i>. 0. Ot., 213. Dann, 6 Bill,, 543 ; Union Bank v. Cos- (d) This form is sustained by Union ter, 3 N. Y. (3 Gomst.), 203. Bank v. Coster, 3 N. Y. (8 Gomst.), 203. (c) Such a letter, though addressed to Sueh an instrument, not addressed to any the party for whose benefit it is given, particular bank, is a general letter, not enures as a contract with any person to limiting the party for whose benefit it is whom it is shown, and who makes the issued, to one bank or to one transauti-iu. MANUFAOTDRING OOMPAlSriES. 535 Licenses. CHAPTER LVn. LICENSES. A LICENSE is an autliority or permission to do some act affecting one's prop- erty, without granting any interest or right in the property. It is distinguished from a power, which involves to some extent the idea of the relation of prin- cipal and agent ; and from a grant, which transfers some interest in the prop- erty. A license, relating even to real property, may be given by parol ; but if it is desired to give any interest in the property, or any permanent right, the appropriate instrument is a Deed. A license is revocable at the will of him who grants it ; and though it is a justification for acts done meanwhile, yet when revoked, the protection which it gave ceases. It is only where a license is annexed as an incident to a valid grant, that it is deemed irrevocable. Hence, if a mere temporary permission is sought, such as to go upon the land and cut wood, an oral license will suffice to protect from a charge of trespass ; but if any continuous right is desired, u grant should be made. The subject of Licenses under the Excise Laws is treated of in the chapter of Excise. CHAPTER LVin. MANDFACTUEING COMPANIES. In many of the States, general laws have been adopted authorizing com- panies formed for various business purposes, chiefly Manufacturing and Min- ing, to become incorporated without special charters, by complying with cer- tain conditions. The general law of New York authorizes the incorporation in this way of companies for carrying on any kind of manufacturing, mining, mechanical or chemical business ;{a,) for the purpose of raising vessels or other heavy bodies ;(6) collecting and selling ice(c) and mineral waters ;(d) and for the purpose of printing and publishing books, pamphlets and newBpapers.(c) The forms used under the laws of Pennsylvania will be found in the chapter of Mining and Oil Companies. PAQR 1056. Certificate of incorporation for business within the State 636 1057. Tlie same ; for business to be carried on wholly or partly without the State. SSS 1058. Acknowledgment 536 (a) Laws of 1848, 54, ch. 40 ; 1853, 705, (i> Laws o/1851, 16, oh. 14. ch. 333; 1^54, 469, ch. 201; 1 Laws of (c) Zom»o/';S55, 516, oh. 301. 1857, 46, oh. 29; Laws of J861, 467, ch. ( 18 j between A. B. [the intended husband], of , of the first part, 0. D. [the intended wife}, of , of the seoond part, and Y. Z. [the trustee], of , of the third part, witnessbth : That, whereas a marriage is intended to be had between the said parties of the first and second parts ; and the said party of the second part is seized and possessed of a large estate situate in , and it is agreed by and between them and the party of the thii-d part, that the said estate should be settled upon the trusts and for the purposes herein- after declared : Now, THEEKFOEE, in Consideration of the said intended marriage,. and of the Slim of one dollar to the said party of the second part, by the said party of the third part paid, the receipt whereof is hereby confessed and acknow- ledged, the said party of the second part hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said party of the third part, his successors and assigns, all that [here describe the prope7'ty] : To HATE AND TO HOLD the Said tenements and hereditaments, with their appur- tenances, unto tbe said party of the third part, his successors and assigns, +o such uses and purposes as are hereinafter mentioned — to wit : For the use and benefit of the said party of the second part, until her said intended marriage shall take place, and from and after the solemnization thereof, then upon trust from time to time to apply to the use of the said party of the second part, all the interest, dividends and annual produce thereof, during the joint lives of the said parties of the first and second parts, to her own proper use and benefit, and upon her own proper receipt for the same, notwithstanding her coverture, to tlie intent that the same may not be at the disposal or under the control of the said party of the first part, or in any manner subject to his debts and engagements ; and from and imme- diately after the decease of the said party of the first part, in case the said party of the second part shall survive him, then upon trust for the use and benefit of the said party of the second part, her executors, administrators and assigns ; and upon trust in such case to grant and convey the trust estate, and every part thereof, to the said party of the second part abso- lutely, or to grant and convey the same to such person or persons as she, by any writing to be by her duly executed, may limit, direct and appoint. But in case the said party of the first part shall survive the said party ot the second part, then upon trust from and immediately after her decease, to apply to the use of the said party of the first part, all the interest, divi- dends and annual produce thereof, from time to time, during his natural life, to and for his own use and benefit; and on the decease of the said party of the first part, to pay and divide the capital or principal of the said trust-fund, and to grant and convey all her real estate to and (d) This form, -which we take from Willard on Bed Sdate, etc., 627, is sustained :>:} Wright V. Tallmage, 15 N. Y., 807. 5i0 ABBOTTS' FORMS. Mechanics' Lien. among the lawful children of the said party of the second part, and their issue, in such proportions, shares, manner and form as she, by any writing, under her hand subscribed in the presence of two or more witnesses, shall direct and appoint; and for want of such appointment, to and among the said children of the said party of the second part, and the lawful issue of such of them as may be deceased, according the rules of descent and of dis- tribution in cases of intestacy. But if there be no issue of the said party of the second part then surviving, then, upon trqst, to pay and dispose of the said capital or principal, and grant and convey the said real estate accord- ing to the direction and appointment of the said party of the second part, and for want of such appointment, to and among her then surviving nephews and nieces, children of her sisters and the lawful issue of such of them as may be deceased, according to the like rule of descent and distri- bution. [Power to sell and reiwoest, if added, ma/y te as follows ;] And the said party of the second part doth hereby grant and agree that the said party of the third part, upon the written request of her, the said party of the second part, may grant and convey the whole or any designated portion of the said estate upon such terms as she shall direct, and receive the con- sideration money therefor, and invest the same for the like uses and pur- poses hereinbefore declared, with respect to the original trust. Isr WITNESS WHEEBOF, the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above .written. Signed, sealed and delivered ) [Signatures and seals.^ in the presence of J [Signature of witness.} CHAPTEE LX. MEOHANIOS' LIEN. Bv the statutes of New York, a proceeding is afforded in many of the coun ties of the State, whereby mechanics and material men may secure a lien for their services, etc., upon the, land and buildings for which the same are fur nished. The proceedings vary in different counties. The following notice is the form in use under the act of 1863 (p. 859, ch. 583), which relates to the city oi New York. PAQig 1063. Notice of lieu 541 1064. Verification • 54i MINING AND OIL COMPANIES. 541 Notice of Lien. Formation of Company. 1063. Nbtioe Under Mechanics' Lien Law. To , Esquire, clerk of the city and county of New York : SiE — ^Please to take notice, that I, A. B., residing at No. , in street, in , have a claim against Y. Z., of ' , owner \or, contractor] amounting to the sum of dollars, due to , [or if not due, state when it will 'become due], and that the claim is made for and on account of [here state the ground of claim] furnished and done before the whole work on said building was completed, and which work and materials were done and furnished within three months of the date of this notice ; and that such work and materials were done and furnished in pursuance of a con- tract for , between and , which building is owned by , , and is situated in the "Ward of the city of New York, on the side of street, and is known as No. . The following is a diagram of said premises [here insert diagram]. , And that I have and claim a lien upon said house or building,- and the appurtenances and lot on which the same shall stand, pursliant to the provisions of an act of the Legislature of the State of New York, entitled " An Act to secure the pay- ment of mechanics, laborers and persons furnishing materials towards tlie erection, altering or repairing of buildings in the city of New York," passed May 5, 1863, and of the acts amending the same. [Signature.] [Bate.] 1064. Verification. City and Couittt op New York, ss. A. B. being duly sworn, says, that he is the claimant mentioned in the foregoing notice of lien ; that he has read the said notice, and knows the contents thereof; and that the same is true to his own knowledge, except as to the matters therein stated on information and belief and as to thoSe matters he believes it to be true. [Signature.] SwoEN [etc., as in Form 858]. OHAPTEE LXI. MINING AND OIL COMPANIES. ^ «IE statutes of several of the States authorize associations of persons for carrying on manufiioturing, mechanical, mining and other businesses, to become incorporated for the purpose, by making and filing a certificate in a manner prescribed. The following forms are drawn for Mining Companies and OU Companies under the Law of Pennsylvania. They may easily be adapted to the case of any- other business authorized by the statute. They will serve as a sufficient guide in drawing certificates of association under the laws of any other State, taking care to insert whatever other particulars the laws in question require 542 ABBOTTS' FORMS. Certificate of Association of Mining Company. PAGB 1065. Certificate of association of mining corporation, under tlie general statute of Pennsylvania of 1854 542 1066. Aeltnowledgment of the same 543 1067. Certificate of attorney -general 548 106S, Certificate of association of an oil company, formed under the statute of 1863 543 1069. Certificate of business and of capital paid in, to be filed before commencing operations 544 1065. Certificate of Association of Mining Corporation Under the General /Statute of Pennsyhania o/"1854.(a) To all to whom it may concern : We, the undersigned [here insert names] citizens of the United States of America, joint owners and tenants in common of the mineral lands in Penn- sylvania hereinafter described, desiring to form a company under the pro- visions of an act of the General Assembly of the State of Pennsylvania, en- titled " An Act to enable joint tenants, tenants in common and adjoining owners of mineral lands in this Commonwealth to manage and develop the same," passed on the 21st April, 1854, and the various supplements there- to, for the pm-pose of [here state the ohject — e. g., thus .■] developing and im- proving the ^aid mineral lands, and of engaging in and carrying on the mining and preparing for ujarket, coal, flre-clay and other mineral^ found on or in the said lands, manufacturing the products of the same, and selling or conveying the same, and the products thereof, to market, in comphance with the provisions thereof: Do OBETn?Y as follows : First. The corporate name of the said company shall be {stating name of it], and the term of its existence years [not exceeding twenty]. Second. The objects for which the company is formed are the developing and improving the mineral lands hereinafter particularly described, and mining of apd preparing for market coal, flre-clay and other minerals found on or in the said lands, manufacturing the products of the same, and the selling or conveying the same, and the products thereof, to market. Third. The lands owned by us consist of tracts, and are located in the counties of and , in the State of Pennsylvania, and contain together acres, or thereabouts, and the same are described as follows [here insert a full description, as in a deed]. Fourth. The said lands have been divided into shares, and the par value or amount of each share is dollars. Fifth. The residences of the owners and the number of shares owned by each of us is as follows — viz. : (a) This and the following Pennsylva- edition of the Mining Laws ot Pennsyl- uia forms are fi uiu Nettleton's pamphlet vania. MINING AND OIL COMPANIES. 54S Certificates of Formation. Sixth. The chief operations of the company are to be carried on in County aforesaid. Seventh. The number of directors shall be , and the said [here insert names] shall be directors, who shall manage the affairs of the company until the next annual election. In testimoitt ■wheueof, we have hereunto set our hands and seals, this day of , A. D. 18 . [Signatures and aeals.Q))] 1066. AcTcnowlecLgment of the Foregoing. State or , ] County of . J ' Be it eembmbehed, that on this day of , a. d. eighteen hundred and , before me, M. N., one of the justices of the peace in and for said county [or, a commissioner of the State of Pennsylvania, duly appointed and qualified according to the laws thereof, to take acknowledgments, etc., to be used and recorded therein], personally appeared the foregoing named [namen of the signers], who in due form of law severally acknowledged the foregoing certificate to bo their act and deed, and desired that the same might he recorded as such. In witness wheeeof, I have hereunto set my hand [and afiixed my ofiicial seal] the day and year first above written. [Signature and title.] [Seal, if any.] 1067. Certificate iy Attorney- General. State of Pennstlvania, Office of the Attorney-General. I, M. M., attorney-general of the State of Pennsylvania, certify that the above certificate has been submitted.to and examined by me, and is properly drawn and signed, and that the same is in conformity with the constitution and laws of this commonwealth. In testimony wnEBEOF, I have hereunto set my hand, this day of , A. 0. 1 8 . [Signature and title.] 1068. Certificate of Association of an Oil Company, Formed Under the Statute of 1863. To ALL WHOM IT MAY coNOEHN: We, the undersigned [inserting names], citizens of the United States of America, desiring to form a corporation under the provisions of an act of the General Assembly of the State of Pennsylvania, entitled "An Act relating to corporations for mechanical; manufacturing, mining and quarrying purposes," passed on the eighteenth day of July, a. d. eighteen hundred and sixty-three, and the various sup- plements thereto, have associated ourselves together, and do hereby associate ourselves together, under the provisions of the said acts and the supplements thereto, in the manner following : (d) A scroll is a sufficient seal for Pennsylvania. 544 ABBOTTS' FOEMS. Certificates of Oil Companies. Mrst. The corporate name of the said corporation or company shall be [stating the name]. Second. The purposes for which the said corporation is established are [here state the ohject — e. g., thus .-] the carrying on the mining, boring and digging for, or otherwise obtaining from the earth, petroleum, rock or car- bon oils, coal, salt and other minerals ; manufacturing and vending the same in the crude and refined state ; and the manufacturing, forwarding and vending lumber and barrels, in compliance with the provisions of the said act and the supplements thereto. Third. The place within which said corporation is established is the township of , in the county of , in the State of Pennsylvania Fourth. The amount of the capital stock of the said corporation shall be, and is dollars, which shall be divided into shares of the par value of dollars each. In testimony wheeeop,' we have hereunto set our hands and seals, the day of , a. d. eighteen hundred and [Signatures and sca2s.](c) [Add achnowledgment as in Form 1066.] 1069. Certificate of Business and of Capital Paid In, to he Filed Befofe Commencing Operations.(d) Oeetitioatb of the Company of To whom it may concern: Be it known that the undersigned, the presi- dent, treasurer and directors of the Company of , a corporation organized under the provisions of an act of the General Assembly of the State of Pennsylvania, entitled " An Act relating to corporations for mechanical, manufacturing, mining and quarrying purposes," passed on the eighteenth day of July, a. d. 1863, and the various supplements thereto, do hereby, in compliance with the provisions of the said act and of the various supplements thereto, certify in manner following: First. .The corporate name of the said company is Second. The purposes of the said corporation or association are [here state them as in the articles — e. g., thus :] the carrying on the mining, boring and digging for, or otherwise obtaining from the earth, petroleum, rock or carbon oils, coal, salt and other minerals ; manufacturing and vending the same in the crude and refined state; and the manufacturing, forwai-ding and vending lumber and barrels, in compliance with the provisions of the said act and the supplements thereto. Third. The principal oflBoo of business of the said corporation or as- sociation is in the city of , in the State of ; the lands belonging to the said corporation are situated in the township of , in the county of , in the State of Pennsylvania, and the mining and other aforesaid operations of the said corporation are to be conducted and carried on in the township of (c) A scroll is a sufficient seal for Penn- (d) Eequired by the act of July IS, 1863, sylvania. § 31. It must be sworn to. MORTGAGES. 545 General Prinoiplea. Fourth. The amount of the capital stock of the said corporation (jr association is dollars, and the amount of such capital stock already paid in is dollars. Fiflh. The numher of shares of capital stock in the said corporation or association is , and the par value of each one of the shares in the said corporation is dollars. Sixth. The oflScers of the said corporation, duly chosen under the said act and the supplements thereto, are the following — viz., A. B., president; 0. D., E. E., G. H., directors ; and J. K., clerk, secretary and treasurer. In testimony wheeeof, we, the undersigned, the president, treasurer and directors aforesaid of said corporation or association, have hereto set our respective hands, this day of , a. d. 18 . {Signatures and titles.] CHAPTEE LXn. MORTGAGES. A mortgage is the conveyance of an estate hy way of pledge for the security of debt, and to hecome void on payment of it. , According to the old view, the legal ownership was vested in the creditor ; but in equity, and the courts of law adopt the same rule now, the mortgagor remains the actual owner, until he is debarred by his own default or by judicial decree. In this chapter, mortgages of real property only are treated ; those relating to personal property, being subject to somewhat diflFerent rules, are treated under Chattel Moktgagbs. The usual form of a mortgage is a deed, with terms purporting to convey the land absolutely, followed by other terms expressing that it is to be void if the grantor pays a certain sum. This condition is called the defeasance. A power of sale, in case of default, is usually inserted, which enables the mortgagee to enforce payment. The manner of foreclosure of the mortgage may be either by an action, or by advertisement according to the statute, as is stated in the chapter of Pokeolostjre. A mortgage may be made either with or without a personal promise to pay the debt. If no such promise is expressed, the mortgage does not render the mortgagor liable for the sum secured, but only gives a lien on the property. It is usual not only to insert a covenant in the mortgage to pay the debt, biit to give a bond or note for it, and to recite the fact in the mortgage, and state that the mortgage is given as collateral to the personal security. A mortgage may be made to secure a contingent liability or future advances but in such case it ought to be so expressed. A mortgage on which the principal or interest is payable in instahuents, may contain a provision that in case of any default the mortgagee may elect to re- quire payment of the whole interest and principal at once. This provision is usually termed an interest clause. Where a considerable part of the value of the mortgaged premises consists in buildings, it is usual to provide that the mortgagor shall keep them insured in a specified sum and assign the policy to the mortgagee. This is called the insurance clause. 85 546 ABBOTTS' FORMS. Mortgages of Eeal Property. It is not necessary for the wife of a mortgagor to join in executing the mort- gage, if it be given at tlie same time tliat the property is conveyed to him, and for the purpose of securing purchase-money. In these cases it is usual to state the fact in the mortgage, by a clause inserted at the end of the description of the premises. Mortgages by peculiar parties, corporations, executors, etc., should be modi- fied slightly, according to the forms given for deeds by such parties. Mortgages should be acknowledged or proved as deeds are, for the forms of which see the chapter of Acknowledgment. PAflK 1070. Short form 546 1071. Another form to secure note 547 1072. Mortgage, with interest and insurance clause ; 547 1073. Mortgage on lease 549 1074. Mortgage on building lease to secure advances 651 1075. Mortgage to secure purchase-money 654 1076. Mortgage to secure indorser 664 1077. Mortgage to secure an unliquidated demand 564 1078. Mortgage in exercise of a power of appointment 555 1079. Stipulation in a mortgage given to trustees, that it shall be deemed purely collateral - 555 1 080. Stipulation as to paying off in advance 656 1070. Short Form. This indenture, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , merchant, of the first part, and T. Z., of , in the said county, farmer, of the second part, tvitnesseth : That the said party of the first part, for and in consideration of the sum of dollars, grants, bargains, sells and confirms unto the said party of the second part, and to his heirs and assigns, all [here insert description ; see Forms 722-739] ; together with all and singular the hereditaments and appurte- nances thereunto belonging or in any wise appertaining.* This oonveyanoe Is intended as a mortgage, to secure the payment of the sum of dol- lars, in [here state terms of payment, as in Forms 370-374], according to the condition of a certain bond, dated this day, and executed by the said pai'ty of the first part to the said party of the second part ; and these pres- ents 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 appurtenances, 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 ; mid the overplus, if any there be, shall be paid by the party making such sale, on demand, to the party of the first part, his heirs or assigns. In WITNESS WHEEEOF, the Said party [or, parties] of the first part has [or, liave] hereunto set his hand and seal [or, their hands and seals], the day Bnd year first above written. [Signature and seal^ Signed, sealed and delivered) in the presence of i [Signature of witness.} MORTGAGES. 547 Common Forms. 1071. Another Form; To Secure Note.{a) To all People to whom these presents shall como, greeting : Know ye, that I, A. B., of , for the consideration of dol- lars, received to my full satisfaction, of Y. Z., do give, grant, bargain, sell and confirm unto the said Y. Z. [here insert description of premises] : To HAVE AND TO HOLD the above-granted and bargained premises, with the ajipurtenances thereof, unto the said grantee, his heirs and assigns, forever, to his a:id their proper use and behoof. And also, I, the said grantor, do, for myself, my heirs, executors and administrators, covenant with the said grantee, his heirs and assigns, that at and until the ensealing of these pres- ents, I am well seized of the premises as a good indefeasible estate in fee- bimple; and have good right to bargain and sell the same in manner and form as above written ; and that the same are free from all encumbrances whatsoever. And fuetheemoke, I, the said grantor, do, by these presents, bind myself and my heirs forever, to warrant and defend the above-granted and bar- gained premises to him, the said grantee, and his heirs and assigns, against all claims and demands whatsoever. In witness wheeeoe, I have hereunto set my hand and seal, this day of , A. D. 18 . The condition of this deed is sutoh, that whereas the said grantor is justly indebted to the said grantee in the sum of dollars, as evidenced by his promissory note for said sum, of even date herewith, payable to the said grantee or order after date, with interest : Now, therefore, if said note shall be well and truly paid, according to its tenor, then this deed shall be void ; otherwise, to remain in full force and effect. Signed, sealed and dehvered ) [Signature and Seal.l in presence of J [Signatures of witnesses.'] 1072. Mortgage With Interest and Insurance Clause. This indenture, made the day of , in the year one thousand eight hundred and , between A. B., of the city, county and State of , and C. B., his wife, parties of the first part, and Y. Z., of the same place, party of the second part : Whereas, the said A. B. is justly indebted to the said party of the second part, in the sum of dollars, lawful money of the United States, secured to be paid by his cer- tain bond or obligation, bearing even date with these presents, in the penal sum of dollars, lawful money, as aforesaid, conditioned for the pay- ment of the said first-mentioned sum of dollars, lawful money, as aforesaid, to the said party of the second part, his executors, administrators or assigns, on the day of , which will be in the year one thousand eigh': hundred and , and interest thereon to be computed from (o) This is the form in use in Connecticut, 548 ABBOTTS' FORMS. Mortgage with' Interest and Insurance Clause. the date thereof, at and aftei- the rate of seven per cent, per annum, and to be paid semi-annually — to wit: on the day of and on the day of in each and every year, until the whole of the said principal sum be paid ; and it is thereby expressly agreed, ■ that should any default be made in the payment of the said interest, or of any part thereof; on any day whereon the same is made payable, as above expressed ; and should the same remain unpaid and in arrear for the space of days,(J) then, and from thenceforth — that is to say, after the lapse of the said days — the aforesaid principal sum of dollars, with all arrearage of interest thereon, shall, at the option of the said party of the second part, his excep- tors, administrators or assigns, become and be .due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, any thing therein before contained to the contrary thereof in any wise notwithstanding, as by the said bond or obligation, and the condition thereof, reference being thereunto had, may more fully appear. Now, THIS iNDBNTUEE WITNESSETH, that the Said parties of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, accord- ing to the true intent and meaning thereof, and also for and in considera- tion of the sum of onedoUar, to them in hand paid by tbe said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, release, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all [here insert description] : ToGETHEK WITH all and singular the tenements, hereditaments and appur- tenances 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, interest, dower, 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 thereof, with the appurtenances : To have and to hold the above-granted and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof forever ; peovided always, and these presents are upon this express condition, that if the said parties of the first part, their heirs, executors or administrators, shall well and truly pay unto the said party of the second part, his executors, administrators or assigns, the said sum of money mentioned in the condition of the said bond or obliga- tion, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine and be void. And the said A. B., for himself, his heirs, executors and ad- ministrators, does covenant and agree to pay unto the said party of the second part, his executors, administrators or assigns, the said sum of money (6) Usually twenty or thirty days. MORTGAGES. 549 Murtgnge on Lease. and interest, as mentioned above and expressed in. the condition of the said bond. And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof^ that then and from thenceforth it shall be lawful for the said party of the second part, his executors, administrators and assigns, to enter into and upon all and singular the premises hereby granted or intend- ed so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said parties of the first part, their heirs, executors, ad- ministrators or assigns therein, at public auction, according to the act in such case made and provided ; and as the attorney of the said parties of the first part, for that purpose by these presents duly authorized, consti- tuted and appointed to make and deliver to the purchaser or purchasers thereof, a good and sufBcient deed or deeds of conveyance in the law for the same, in fee-simple, and out of the money arising from such sale, to re- tain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the said premises, rendering the overplus of the purchase-money (if any there shall be) unto the said A. B., party of the first part, his heirs, execu- tors, administrators or assigns ; which sale, so to be made, shall forever be a perpetual bar, both in law and equity, against the said parties of the first part, their heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from or under them, or either of them. And it is expressly agreed by and between the parties to these presents, that the said A. B., party of the first part, shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and damage by fire, in at least the sum of doUai's [or, in an amount] and by insurers approved by the said party of the second part, and as- sign the policy and certiticates thereof to the said party of the second part; and in default thereof, it .shall be lawful for the said party of the second part to efiect such insurance, and the premium and premiums paid for etfecting the same shall be a lien on the said mortgaged premises, added to the amount of the said bond or obligation, and secured by these presents, and payable on demand, with interest, at the rate of seven per cent, per annum. In witness [etc., as in Form 1070]. 1073. Mortgage on Lease. This indentueb, made the day of , in the year one thousand eight hundred and , between A. B., of , in the county of , and State of , , nierohant, of the first part, and Y. Z., of , in the said county, farmer, of ths second part : Wheekas, M. N., of , did, by a certain indenture of lease, bearing date the day of , in the year one thousand eight hund:-«d and , de iiise, lease and to farm let unto the said A. B., and to his executors, administratiir-i and assigns, all and singular the premises hereinafter mentioned and described, together with their ap- purtenances: To HAVE AND TO HOLD the saiiie until the said .\. U., and to his executors, administrators and assigns, for and during and until the full 550 ABBOTTS' FOEMS. Mortgage on Lease. end and term of years, from the day of , and fully to be oomplete and ended, yielding and paying tlierefor unto tlie said M. IST., and to his heirs, executors, administrators or assigns [or, if ilie lessor he a corpo- ration, say, to their successors or assigns], the yearly rent or snra of dollars [here ,set forth the terms of the lease, or, letter, refer to the instru- ment upon record]. And wheeeas the said party of the first part is justly indebted to the said party of the second part, in the sum of dollars, lawful money of the United States of America, secured to be paid by his certain bond or obligation bearing even date with these presents, in the penal sum of dollars, laWful money as aforesaid, conditioned for the . payment of the said first-mentioned sum of dollars, as by the said bond or obligation and the condition thereof, reference being thereunto had, may more fully appear. Now, THIS iNDENTDEE WITNESSETH, that the Said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, accord- ing to the true intent and meaning thereof, and also, for and in considera- tion of the sum of one dollar, 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 acknowledged, has granted, bargained, sold, as- signed, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the said party of the second part, all [here insert description of premises as in lease]. Togethee with all and singular the edifices, buildings, rights, members, privileges and appurte- nances thereunto belonging or in any wise appertaining. And also, all the estate, right, title, interest, term of years yet to come and unexpired, prop- erty, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in and to the said demised premises, and every part and parcel thereof, with the appurtenances. And also, the said indenture of lease, and every clause, article and condition therein ex- pressed and contained : To have and to hold the said indenture of lease, and other hereby granted premises, unto the said party of the second part, his executors, administrators and assigns, to his and their only proper use, benefit and behoof, for and during all the rest, residue and i-emainder of the said term of years yet to corae and unexpired; subject, nevertheless, to the rents, covenants, conditions and provisions in the said indenture of lease mentioned. Peovided always, and these presents are upon this ex- press condition, that if the said party of the first part shall well and truly pay nnto the said party of the second part, the said sum of money men- tioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, that then and from thenceforth these presents and the estate hereby granted shall cease, de- termine and be utterly null and void, any thing hereinbefore contained to the contrary in any wise notwithstanding. And the said party of the first part does hereby covenant, grant, promise and agree to and with the said party of the second part, that he shall well and truly pay unto the said party of the second part, the said sum of money mentioned in the condi- MORTGAGES. 551 MortiTftcre on Lease. tion of tho said bond or obligation, and the interest thereon, according to the condition of the said bond or obligation. And that the said promises herebj' conveyed now are free and clear of all enoumbrauces whatsoever, and that he has good right and lawful authority to convey the same in manner and form hereby conveyed. And if default shall be made in the pavmeot of the said sum of money above mentioned, or in the interest which shall accrue thereon, or of any part of either, that then and from thenceforth it shall be lawful for the said party of the second part, and his assigns, to sell, transfer and set over, all the rest, residue and remainder of the said term of years then yet to come, and all other the right, title and interest of the said party of the first part, of, in and to the same, at public auction, according to the act in such case made and provided. And as the attorney of the said party of the first part, for that purpose by these pres- ents duly authorized, constituted and appointed, to make, seal, execute and deliver to the purchaser or purchasers thereof, a good and sufficient assign- ment, transfer or other conveyance in the law, for the same premises, v,ith the appurtenances; and out of the money arising from such sale, to retain tiie principal and interest which shall tlien be due on the said bond or ob- ligation, together with the costs and charges of advertisement and sale of the same premises, I'endering the overplus of the purchase-money (if any there shall be) unto the said party of the fir.st part, or his assigns ; which sale, so to be made, shall be a perpetual bar, both in law and equity, against the said party of the first part, and against all persons claiming or to claim the premises, or any part thereof, by, from or under him, them or any of them. Lsr WITNESS [etc., as in Form 1070]. 1074. Mortgage on Premises in Building Lease, to Secure the Repayment of Sums Advanced and to he Advanced to the Leasee, to Enable Him to Com- plete Houses. This nTDENTtiEE, made the day of , between A. B., of, etc., of the one part, and Y. Z:, of , of the other part [recite luilding lease to A. B.~\: And WHEREAS, pursuant to the covenant for this purpose con- tained in the said recited indenture of lease, the said A. B. hath already laid out and expended the sum of dollars in erecting buildings on the said piece or parcel of ground in the said indenture comprised. And wheieas the said A. B. having occasion for tlie sum of dollars, for the purpose of enabling him to complete the erections and buildings in- tended to be erected on the said piece or parcel of ground, pursuant to tho aforesaid covenant as aforesaid, hath applied to and requested the said T. Z. to lend him the same, which he, the said Y. Z., hath agreed to do in two separate sums — that is to say, the sum of dollars immediately before the execution of these presents, and the sum of dollars, being the re- mainder of the said sum of dollars, when and so soon as all the erec- tions and buildings already built, and to be erected and built, pui'suant to the aforesaid covenant of the said A. B., as aforesaid, shall have been cuv- 552 ABBOTTS' FOBMS. Mortgage on Lease. ered in, on having the said several sums of dollars and dollars, •with interest thereon respectively, secured in manner hereinafter expressed : Now, THIS iNDENTUEE WITNESSETH, that in pursuancc of the said agreement, and in consideration of the sum of dollars, to the said A. B. paid by the said Y. Z., on or immediately before the execution of these presents, and in consideration of the covenant hereinafter contained on the part of the said Y. Z., to advance the further sum of dollars to the said A. B. on all the said erections and buildings being covered in as aforesaid, he, the said A. B., doth hereby assign unto the said Y. Z., his executors, adminis- trators and assigns, all and singular the piece or parcel of ground, heredit- aments and premises comprised in and demised by the said recited inden- ture of lease, and also all erections and buildings which have been erected and are now standing on the said premises (and all the estate, etc.) : To HAVE AND TO HOLD the Said hereditaments and premises hereby assigned, or expressed so to be, unto the said Y. Z., his executors, administrators and assigns, for all the residue now unexpired of the said term of years, created by the said recited indenture of lease, subject, nevertheless, to the proviso for redemption hereinafter contained. Phovidbd always, and it is hereby agreed and declared, that if the said A. B., his heirs, executors, ad- ministrators or assigns, shall, on the day of ,18 , pay to the said Y. Z., his executors, administrators or assigns, the sum of dollars, with interest for the same, after the rate of dollars per cent, per annum, computed from the date of these presents, and shall also pay to the said Y. Z., his executors, administrators or assigns, such further sum as shall be hereafter advanced by the said Y. Z., his executors, administrators or as- signs, pursuant to the covenant of the said Y. Z., in that behalf hereinafter contained, unto or on account of the said A. B., together with interest for the same, after the rate of dollars per cent, per annum, to commence and be computed from the time of advancing the same, at the expiration of six calendar months next after such sum as aforesaid shall be advanced, then and in such case the said Y. Z., his executors, administrators or assigns, shall, upon the request and at the cost of the said A. B., his executors, ad- ministrators or assigns, reassign the said hereditaments and premises hereby assigned, or expressed so to be, unto the said A.'B., his executors, admin- istrators and assigns, or as he or they shall direct. And the said A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said Y. Z., his executors, administrators and assigns, that the said A. B., his heirs, executors, administrators or assigns, shall and will, on the said day of , A. D. 18 , pay unto the said Y. Z., his executors, ad- ministrators or asisigns, the said sum of dollars, with interest for the same, computed from the date of these presents, after the rate of dol- lars per cent, per annum ; and if the said sum of dollars shall not be paid on the said day of , 18 > then shall and will pay to the said Y. Z., his executors, administrators or assigns, interest on the said principal sum, or on so niuch thereof as shall for the time being remain unpaid, after the rate aforesaid, by equal half-yearly payments, on the day of and the day of , in every year, nntil the whole of tlie said prin- cipal sum shall be paid, and also shall and will pay unto the said Y. Z,, his MORTGAGES. 553 Mortgage on Bailding Lease. executors, administrators or assigns, snoh sum as shall be hereafter ad- vanced by the said T. Z., his executors, administrators or assigns, unto or on account of the said A. B., together with interest for the same, after the rate of dollars per cent, per annum, to commence and be computed from the time of advancing the same, at the expiration of six calendar months next after such sum as aforesaid shall be advanced, and if the last- mentioned sum shall not be paid at the expiration of the said six calendar months, then shall and will pay to the said Y. Z., his executors, adminis- tratoi's or assigns, interest for the same, or so much thereof as shall for the time being remain unpaid, after the rate aforesaid, by half-yearly payments, on the same days as are hereinafter appointed for payment of the interest on the said principal sum of dollars \rnay insert absolute covenants for title hy A. B., as in chapter on Covenants; and a covenant hy A. B. for payment of the rents, and for the oiservance of the covenants in the lease]. And the said A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said Y. Z., his executors, adminis- trators and assigns, that he, the said A. B., shall and will, before the day of , fully and completely finish the erections and buildings hereby assigned or expressed so to be, and all other the Erections and buildings which are to be erected and built on the said piece of ground, pursuant to the covenant for this purpose entered into Hy the said A. B., by the said recited indenture of lease as therein mentioned ; and that, in case default in this respect shall be made by the said A. B., then it shall be lawful for the said Y. Z., his executors, administrators or assigns, to enter upon and into the said premises hereby assigned, and to complete the same erections and buildings, and any other erections and buildings which ought to be built on the said piece or parcel of ground, pursuant to the aforesaid cov- enant, in such manner as he or they may think proper ; and that in case the said A. B., his executors, administrators or assigns, shall or will, on demand, pay unto the said Y. Z., his executors, administrators or assigns, all sums of money which he or they shall expend thereon, with interest thereon after the rate aforesaid, from the time or respective times of paying or advan- cing or expending the same, and that the said premises hereby assigned, or expressed so to be, shall then stand charged with, and not be redeemed or redeemable until full payment shall be made, as well of the moneys which shall be so expended as aforesaid, together with Interest thereon as afore- said, as also of the several other moneys hereby secured. And the paid Y. Z. doth hereby for himself, his heirs, executors and administrators, cov- enant with the said A. B., his executors, administrators and assigns, fhat he, the said Y. Z., when and so soon as all the erections and buildings al- ready erected and to be erected, pursuant to the covenant for that purpose contained in the said recited indenture of lease shall be covered in ; and in case, up to that time, all and singular the covenants hereinbefore contained on the part of the said A. B. shall have been duly kept and performed, shall and will lend and advance the saW A. B., his executors, administrators and assigns, the further sum of dollars, at interest after the rate aforesaid, on the security of these presents. In witness [etc., as in Form 1070]. 554 ABBOTTS' FORMS. Mortgages, 1075. Mortgage for Purchase-Money. [Insert in either of the forms, after the description of the premises:] being the same premises conveyed to the said A. B., by the said Y. Z. and wife, by deed bearing even date with these presents; which are given to secure the payment of [part of] the purchase-money of the said premises. 1076, Mortgage to Secure Indorser. [As in Form 1070 to the *, continuing thus :] "Wheseas the said party of the second part, at the request, and for the benefit of the said party of the first part, has, on the day of the date of these presents, indorsed a cer- tain , made by the said party of the first part, for the sum of dollars, bearing date , and payable days after , to the order of , at : Now, tijekefoee, this conveyance is intended to secure the party of tho second part for all principal and interest money, costs, charges and expenses which he may be compelled to pay, in consequence of the failure of the said party of the first part to pay and take up the said at maturity' and if the amount of the said , principal and interest, shall be paid by the party of the first part at maturity, then these presents shall become void, and the estate hereby granted shall cease and utterly determine ; but if default shall be made by the said party of the firs* part in the payment of the said sum of money, or the interest, or of anj part thereof, at the time hereinbefore specified, and the same be paid by or collected of the party of the second part, the said party of the first part hereby authorizes and empowers the party of the second part, his heirs, executors, administrators and assigns, to sell the said premises hereby granted, at public auction, and convey the same to the purchaser in fee- simple, agreeably to the act in such case made and provided ; and out of the money arising from such sale, to retain such sum, or sums of money, as may have been paid by or collected of the said pai-ty of the second part, as above mentioned, together with all costs and charges, and pay the overplus (if any) to the said party of the first part his heirs, executoi-s, adminis- trators or assigns. In witness [etc., as in Form 1070]. 1077. Mortgage to Secure Unliquidated Amount.{c) [Insert:'] To have and to hold the above-described premises with the ap- purtenances to the said party of the second part, his heirs and assigns, for- ever ; provided always, and these presents are upon the express condition that if the said [debtor], his heirs, executors or administrators, shall well and truly pay, and save harmless and indemnify the said W. X. and Y. Z,, and each of tliem, of and from all liabilities which they or either of them may have at auy time contracted to or for said [d%ttor], either as surety, indorser, («) This is the form which was held sufBoient in the case of Youngs v. 'Wilson, 21 K r., Sol. MORTGAGES. 555 Mortgage under Power. Stipulation in Eespeot to Sureties. guarantor or. otherwise, whether now due or yet to grow due, and shall save harmless the said W. X. and Y. Z., and each of them, of and from all damages, costs and charges, on account of the same, according to the con- ditions of a certain bond or writing obligatory bearing even date herewith, executed by the said [deltor] to the said parties of the second part, then these presents shall cease and become of no efieot ; but in case default shall be made in the payment of all or any part of the said liabilities as the same shall become due, at the time or times limited for the payment thereof, then in such case it shall be lawful, etc. 1078. Mortgage of Land in Exercise of a General Power of Appointment. This inbentueb, made, etc., between A. B., of , and T. Z., of , of the other part [recite conveyance to mortgagor, to such uses as he might by deed appoint, and, subject thereto, to uses in strict settlement, and an agree- ment for loan] : Now, this htdbntuee witnbsseth, that in consideration [etc., reciting the receipt, etc.], he, the said A. B., in exercise and execution of the power for this purpose given or limited to him by the said recited indenture as aforesaid, and of all other powers (if any) enabling him in this behalf, doth hereby appoint that all [here insert description], shall go, remain and be to the use of the said Y. Z., his heirs and assigns, subject to the proviso hereinafter contained. [ Continuing as in other cases.] 1079. Stipulation in a Mortgage Gii>en to Secure the Payment to Trustees of Outstanding Securities Held by Various Creditors, That It Shall Be Deemed Purely Collateral, and Shall Not Affect the Liability of Sureties. [Insert:] And wheeeas some of the parties to the notes, bills, accept- ances or other securities which the lenders of the said several sums of money hold for the payment thereof, and which parties are liable to the said lenders therein, may, for any thing that is known to the said parties of the second part, or to the lenders of the said money, stand in the relation of sureties to the said the parties of the first part ; and whereas it is not the intention of the said parties to these presents that the said lenders shall, by the operation of these presents, or of the said bonds, relinquish any security which they now hold for the payment of the said money or any part there- of. It is, therefore, expressly stipulated and agreed that these presents, and the said bonds hereinbefore mentioned and referred to, shall be, and shall be regarded, in all courts and places as collateral to the said notes, bills, acceptances and other securities ; and that none of the said notes, bills, acceptances or securities shall be deemed to be merged or extinguished by the execution of these presents, or of the said bonds, but the same are to remain in full force and effect ; and also in case any of the parties liable, or who may become liable, upon the said notes, bills, acceptances or other securities, shall pay the same or any part thereof before the money hereby seonred shall become due and payable according to the periods of payment hereinbefore prescribed, and shall, by such payment, or in any otherwise, become entitled to prosecute the said the Company, or any i>56 . ABBOTTS' FORMS. Mortgage!!. Naturalization. other party or parties, upon the said notes, bills, acceptances, or for such money paid or otherwise ; the said parties so paying, and who shall become entitled to prosecute as aforesaid, shall, notwithstanding the credit or time of payment hereinbefore and in the said bond mentioned, be entitled imme- diately to maintain any suits or actions at law or in equity, in the same manner and to the same extent in every respect as though these presents and the said bonds had not been executed, or had been made payable im- mediately, and shall likewise be entitled to the same benefit of subrogation which they would be entitled to if the said time of credit had not been given, and for that purpose, in all suits and proceedings to be had or taken by any such party, in his own name or otherwise, the said moneys hereby secured shall be deemed to be, and shall be due and payable immediately, 80 far only as may be necessary to secure to the said parties who are sure- ties all rights and advantages incident to their relation as such sureties, any thing herein contained to the contrary notwithstanding. lOSO. Stipulation as to Paying Off in Ad'sanee. {Insert both in the mortgage and the iond, after the clause fixing the time of payment, such a clause as the following .•] with the privilege to the parties of the first part, their executors, administrators or assigns, at any time be- fore said day of , 18 , to pay off said mortgage in whole or in sums of or more dollars at a time, on giving notice, in writing, to the party of the second part, his executors, administrators or assigns, of intention so to do. CHAPTEE LXin. NATUEALIZATION. An alien applying for naturalization must, with the exception stated below, be a free white person who has resided in the United States for the continued term of five years next preceding his admission, and one year'at least within the State or Territory where the court is held that admits him. Two years at least before his admission he must declare on oath or affirmation, before a court of record having common-law jurisdiction and a seal and clerk, or before a circuit or district court of the United States, or before a clerk of either of the said courts, that it is bona fide his intention to become a citizen, and to re- nounce forever all aljegiance and fidelity to any foreign prince, potentate. State or sovereignty, and particularly by name the prince, potentate. State or sov- ereignty of which he is at the time a citizen or subject.. By a recent statute, it is provided that an alien who has been honorably dis- charged from the military service of the United States may be naturalized on proof of one year's residence. NATUEALIZATIOW. 657 General PrinoiplCR. Tlie declaration of intention is recorded ty the clerk, and a certificate, under the seal of the court, and signed by the clerk, that he has made such a dec- laration, is given him, which is received thereafter as evidence of the fact. It the applicant was a minor under the age of 18 years when he came to the Bountry, this previous declaration of intention is dispensed with, and he is entitled to be admitted after he has arrived at the age of 31 years, if he has resided five years in the United States, including the three years of his minor- ity, and has so continued to reside up to the time when he makes his application, upon complying with the law in other respects. When the applicant has completed the necessary residence, he must prove the fact before one of the courts previously named, by other testimony than his own oath. One witness, if he knows the fact, is suflScient. If entitled to admission without a previous declaration of intention, the alien must declare upon oaih, and prove to the satisfaction of the court, that, for the three years next preceding his application, it was hona fide his intention to become a citi- zen ; and every applicant must prove (which may be done by his own oath, un- less the court should require other testimony) that he has behaved, during the period of his residence, as a man of good moral character, attached to the prin- ciples of the Constitution of the United States, and well disposed to the good order and happiness of the same. The mode of admission is as follows : The applicant goes to the clerk of the court, and exhibits the certificate of Ms having declared his intention. The clerk then prepares a written deposition for the witness, setting forth his knowledge of the applicant's residence, and of his good character ; and another for the applicant, declaring that he renounces all allegiance to every foreign Power, and particularly that of which he is a citizen or subject ; and if he has borne any title of nobility, that he renounces it, and that he wiU support the Constitution of the United States. The parties are then taken before the judge, who examines each of them under oath ; and if he is satisfied that the applicant has resided in the country for the requisite period, and is a man of good character, he makes an order in writing for liis admission. The deposi- tions are then subscribed by the parties, and publicly sworn to in court in presence of the judge ; and the certificate of the declaration of intention, the depositions and the order of the j udge are filed, and constitute the record of the proceeding, A final certificate under the seal of the court, signed by the clerk, is then given the alien, declaring that he has complied with all the re- quisites of the law, and has been duly admitted a citizen, which certificate is conclusive evidence thereafter of the fact. In the case of a minor, the previous declaration of intention is dispensed with ; but in aU other respects the com'se of procedure is the saine.(a) PAOB 1081 . Declaration of intention 557 1082. Certificate by clerk 558 1088. Oath of applicant for naturalization 558 1084. Proof of residence and good behavior 558 1085. Certificate of citizenship 5.!)9 1086. Affidavit of resident alien to enable him to hold real property 559 1081. Declaration of Intention. I, A. B., do declare on oath [or, do affirm] that it is hona fide mj inten- tion to beooftie a citizen of the United States, and to renounce forever all * allegiance and fidelity to all and any foreign prince, potentate. State and sovereignty whatever, and particularly to [here designate former alle/jiance — (a) This summary of the law and prao- subject, from the pen of Hon. Cbakles P, tioo is chiefly taken from an article on the Daly, in the Ifew Am. Gyd. o58 ABBOTTS' FORMS. Proceedings for Naturalization. e. g., thus .■] Victoria, queen of the United Kingdom of Great Britain and Ireland. [Signature.] Sworn [or, affirmed] in open court ) * this day of , 18 . ) [Signature of] Olerk. 1082. Oertijieate by Glerh. 'iss. Statb of County of I, M. K, clerk of , do certify, that the ahove is a true copy of the original declaration of intention of A. B. to become a citizen of the United States, remaining of record in my office. In TESTrmoNT whereof, I have hereunto subscribed my name, [Seal of and affixed the seal of the said court, the day of , office.] one thousand eight hundred and [Signature of] Olerk. 1083. Oath of Applicant for Naturalization. SrPKKME COUBT, ) County of . f ' I, A. B., do swear [or, affirm] that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure [continuing as in Form 1081 from the * to the end ; and, if the applicant, ly reason of having heen a minor., has made nn previous declaration, add before the authentication of the affidavit, And I do also swear [or, affirm] that it is lona fide my intention, and has been for the last three years, to become a citizen of the United States]. 1084. Proof of Residence and Good Behavior. OOUET, ) County of . ) ■ C. D., of , being duly sworn [or, affirmed], says, that he is a citizen of the United States, and is, and for five years last past has been, well ac- quainted with A. B., now present; that said A. B. has resided within tfie United States for five years at least last past, and for one year last past within the State of New York ; and that during that time the said A. B. has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same [and if the applicant, by reason of having been a minor, has made no previo'us declaration of intention, add : and that said A. B. became of the age of twenty-one years on the day of , 18 ; and that he resided within the United States at least three years next pre- vious to his becoming twenty-one years of age], [Signature.] SwoEN [etc., as in Form 1081]. FATUKALIZATION". 559 'I > ss. Certiflofite. Affidavit of Intention. 1085. Certificate of Citizenship. United States of America, State of New York, County of Be it remembered, that on the day of , in the year of oar Lorrl one thousand eight hundred and , A. B., formerly of , in the kingdom of , now of , in the State of , appeared in the Court (the said court being a court of record, having coinmon-law jurisdiction, and a clerk and seal), and applied to the said court to be ad- mitted to become a citizen of the United States of America, pursuant to the provisions of the several acts of the Congress of the United States of Ameri- ca,' for that purpose made and provided. And the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required : there- upon it was ordered by the said court, that the said applicant be admitted, and he was accordingly admitted by the said court, to be a citizen of the United States of America. lu TESTIMONY WHEREOF, the Seal of the said court is hereunto [Seal of affixed, this day o'f , in the year of our Lord one court.} thousand eight hundred and , and in the year of our independence the Per curiam. [Signature of] Clerk. 1086. Affidavit of Resident Alien, to Enable Him to Hold Seal Property m New Yorh.(b) State of , ) County of . S " A. B., of , being duly sworn, doth depose and say, that he is a resident in the State of , and intends always to reside in the United States, and to become a citizen thereof as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization. Sworn before me, this ) [Signature.] day of ,18 .) [Signature and title of officer.] (S) To be filed in the office of the secretary of state of the State of Now York. 560 ABBOTTS' TOEMS. Notaries. Notices. CHAPTER LXIY. NOTAEIES. NoTAKiES, or notaries public, as they are often called, are appointed hy tte executive authority of the State or kingdom where they are to act. Their functions are chiefly to attest affidavits, deeds and other instruments, to protest bill and notes, and to certify copies of instruments. The courts and the cus- toms of merchants, in aU nations, respect their acts ; but in this country the powers of our notaries are to some extent usually defined in the statutes of the State. The chapters on Affidavits, AcEsrowLEDSMBNTS of Deeds, and Pkotbsts, present the chief instruments used in their practice. CHAPTER LXY. NOTICES. Wherevbb magistrates, referees or arbitrators proceed judicially to inquire into' and determine a question of rights, the party affected is entitled to notice of the hearing and an opportunity to be heard. Wherever the right of a party under a contract depends upon a contingency, the happening of which is peculiarly within his own knowledge, he should give notice of its happening to the other party. All notices which form part of a legal proceeding should be in writing ; but in other cases, notices need not be in vmting or in any particular form, unless this is required by the statute or contract which raises the necessity of giving notice. Where notice is required to be given a certain numjser of days before an act, either the day of giving the notice or that of doing the act, may be counted, but not both. The law disregards the fraction of the day. But if the period be so short that this rule would work injustice, it would not be applied. Thus a notice given on Saturday night, for an act to be done Monday morning, might be held not a sufficient two days' notice. Notices appropriate to the various proceedings treated in this work, wiU be found in their appropriate connection in other chapters. OATHS. 661 General Form. CHAPTEB LXVI. OATHS. An oath is a declaration made according to law before a competent tribunal or ofBcer, invoking God to witness the truth of what is said. It may be taken in various ways, according to the religious belief of the deponent. The most usual forms are given below. When the oath is intended to be taken upon the Evangelists, its validity is not affected by a mistake in using another book instead. Oaths to support the constitution and execute and obey the laws, are required from public officers, and oaths of fidelity are required from persons judicially selected for the performance of duties and trusts of various kinds. PAGH 1037. Oath taken upon the Evangelists S61 1088. Oath taken by upliftiug the hand 561 1089. Afflrmation 561 1090. Oath or affirmation of witness 561 1091. Another form 562 1092. Oath of a town officer 562 1093. Oath of allegiance required from practitioners in the United States courts. 562 1087. Oath Taken Upon the Evangelists. [The officer extends the hooh to the deponent, who takes hold of it, and the officer says :] "You do solemnly swear, that [here state the object of the oath — e. g., thus:] the matters stated in this affidavit subscribed by you are true. So help you God." [Here deponent will raise the hooh to the lips.] 1088. Oath Taken hy Uplifting the Hand. [The deponent raises his right hand, and the officer says:] "You do swear, in the presence of the Ever-living God, that the matters stated in this affidavit subscribed by you are true." [And the deponent responds :] I do. 1089. Affirmation. [The officer says :] " You do solemnly, sincerely and truly declare and affirm, that" [etc., as in preceding form]. 1090. Oath or Affirmation of Witness. [Insert in preceding forms] that you will true answers make to the questions that shall be put to you touching [here state the matter— e. g., thus :] the execution of the deed herewith shown you. 36 562 ABBOTTS' FOKMS. Oatlis. Partnership, 1091. Another Form. [Insert in preceding forms\ that the evidence you shall give in relation to the matter of difference now here depending hetvreen A. B. and T. Z., shall be the truth, the whole truth and nothing but the truth. 1092. Oath of a Town Officer. COTTNTY of , S«. I, A. B., do solemnly swear [or, aiBrm], that I will support the Oonstitu tion of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of , of the town of , in said county, according to the best of my ability. Subscribed and sworn before me, ) [Signature.'\ this day of , 18 . ) [Signjiture of officer^ 1093. Oath of Allegiance, Required, from, Practitioners in Courts of ths United States. I, A. B., do solemnly swear, that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto ; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States ; that I have not yielded a voluntary support to any pretended government, author- ity or constitution within the United States, hostile or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will Support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental i-eservation or purpose of evasion; and that I will well and faithfully discharge the duties of the oflice on which I am about to enter. So help me God. Sworn [etc., as abovel. CHAPTEE LXVII. PARTNERSHIP. Paktneeship is the relation between two or more persons who are engaged in a joint adventure or undertaking, and are to participate in the profit or loss which may result from it.(as) (a) Sage r. Slierman, 2 i\': JT. (2 CiOTMt), Hall, 16 How. Pr., 176; CumpBton «. 418; Vassar v. Camp, 14 Mart., 841; McNair, 1 Wend.,^3t. Hodgmau v. Smith, 18 /*., 802.' Fitch v. PARTNERSHIP. 563 What Constitutea it. Powers of PartnorB. Joint ownership of property does not necessarily make men partners. They must have joined in some adventure or undertaking with or in respect to the property, upon an agreement or under circumstances from which the law will imply an agreement to share profit or loss.(6) Resorting to a division of profits, as a measure of compensation, does not necessarily make men partners. One who is employed in the business of a firm, in a subordinate capacity, having no interest in the capital nor sharing liability for losses, is not rendered a partner, by the fact that he is to receive a portion of the profits in compen- sation for his services.(c) To constitute partnership there must be an owner- ship in profits as they arise ; a right to them as the product of capital and labor employed in an adventure in which both parties are interested, and not as a measure of compensation only.((f) There is no necessity for any agreement in writing or for any express agree- ment whatever, as to terms of co-operation, in order to constitute partnership. When persons unite in employing property in an adventure for profit, without any agreement to regulate their interests, the law prescribes a code of rules which may be briefly stated as follows t They are recognized as partners. Whatever name they use in doing business is the firm-name, even though it happens to be the individual name of a partner. Each is entitled to an equal share of profits and bound to an equal share of losses, whatever difference there may be in value or amount of services rendered or capital contributed. Each partner can represent the whole, within the scope of the partnership business, and as towards innocent third persons, can bind all his associates by his deal- ings and simple contracts, which do not appear to exceed the bounds of that business. Any one of the partners may, at any time, terminate or dissolve the jmrtnership ; and if not satisfied with the share in the final division, which his partners are willing to accord him, he may apply to a court of jxistice to ap- • point a person, who shall take the assets, convert them into money, and, after paying the law expenses and the firm debts, divide the residue of the proceeds among the associates, in the proportion of their contributions to the capital, and under the direction of the court. Persons who are willing to abide the blind application of these rules, to their adventure, have no need to enter into written articles. But great advantage is found in written articles, and care- ful and equitable provisions restricting the partners, defining their several duties and their shares of compensation, and prodding a mode of final settle- ment. While a partnership exists, however it may have been formed, the several partners have very broad and general powers to act for each other within the scope of the business. Either one of them can deal with the partnership prop- erty as if he were the owner ; can bind the firm as towards innocent holders, by signing its name to notes, and other simple contracts not appearing to be in excess of his authority, and can contract debts in its name. Each partner is also personally liable for all the partnership indebtedness. But these powers of a partner do not extend to executing a sealed instrument,(«) or confessing a (b) Porter v. MoCIure, 15 Wend., 187; Giites v. Graham, 12 Wend., 53; Skinner Putnam v. Wise, 1 Bill, 234 ; Pnttison v. ». Dayton, 19 Johns., 513 ; Gram v. Setur, Blancliard, o Jf. Y. (l tield.), 186 ; Ileim- i Eail, 262; MoBride v. Hagnn, 1 Wend., street «i. Howland, 5 Den., 68; Holmes v. 326. He may seal by special autliority. United- Ins. Co., 2 Johnt. Uas., 829 ; Post Pettis v. Bloomer, 21 How. Pr., 817 ; Een- V. Kimberly, 9 John*., 470 ; Pinckney •». -wick «. McAllister, 5 N. Y. Leg. Obs., 16 ; Keyler, 4 E. D. Smith, 469. Smith v. Kerr, 3 N. Y. (%. Comit.), 144. (i) Biirckle v. Eckhart, Z N. Y. (S And in virtue of general nntliovity as part- Co7nst.), 132; Vanderburgh v. Hull, 20 ncr may give a release, under ^eal, of a Wend., 70. debt due to the firm. Wells ». Evans, 20 (d) Ugden v. Astor, i Sand/., 311. Wend., 251 ; Pierson «. Hookjr, 3 Johns., («) Clement ». Brush, 8 Johns. Cas., 2 68; Bulkley ». Dayton, 14 76., 3S7 ; Bruen ed., 180; Gree ■ «. Bcals, 2 Cai., 254; t>. Marquand, 17 /A., 58. 564 ABBOTTS' FOEMS. Dissolution. Limited Partnership, iudgment(/) ; nor to the making of a general assignment of the assets of the finn for the benefit of creditors, with preferences.(jr) Dissolution of partnership may take place in various ways besides -those pro- vided by the articles(7j) : as by the death of a partner ; by Ms insanity or other absolute incapacity ; by liia assignment of his interest to a stranger, etc., etc. Immediately after a dissolution of copartnership, a notice should be pub- lished in the public papers to that effect, for the information of the public at large, and a special notice should be sent to every correspondent, and every other person who has had any dealings with the company. If these precau- tions are omitted, one partner will still be liable for the acts of the other, to aU persons not having had notice, as before the dissolution. When the partnership has been once dissolved, no individual member of the firm can do any act by which he can increase or continue the liability of the other members of the partnership. He cannot give a partnership note, or sign any partnership agreement, or do any act to renew any claim against the firm, or to take it out of the effect of the Statute of Limitations. Besides the ordinary or " general" partnerships, to which the foregoing rules apply, the statutes of most of the States now authorize the formation of "Limited" partnerships. The peculiar feature of this is, that one or more partners are permitted to put a certain stipulated caijital at hazard, in the ad- venture ; and are not liable for any losses (provided they have, in all respects, complied with the statute) beyond that amount. In order to form a limited partnership in New York, a certificate must be made aiid signed by the parties. An affidavit of one or more of the general partners must also be made, stating that the sums specified in the certificate, as having been contributed by the special partners, have been actually and in good faith paid in cash. The certificate must be acknowledged and filed, with ' the aflidavit, in the oflBce of the clerk of the county in which the business is to be carried on ; and, if such business is to be conducted in more than one county, transcripts of the certificate and acknowledgment must be filed in such oth^er counties. The terms of the partnership, when registered, are to be published for at least six weeks immediately after such registry, in two newspapers, to be designated by the clerk of the county, and to be published in the senate dis- trict in which the business shall be carried on. In publishing the terms of a limited partnership, they must be in all respects truly stated, in each newsj^per, or the special partners will become liable as general partners. The general partners only may transact the business of a limited partner- ship. A special partner may examine into the state of the partnership con- cerns, and advise as to their management. The use of his name in the firm, and the extent to which he may take part in the active management of its business, is, in many of the States, regulated in detail by special statutes, which those should consult who wish to secure the exemption. The business is to be conducted under a firm, in which the names of the general partners only can be inserted, without the addition of the word " company" or any other general term.^i) (/; Crano u. Trench, 1 Wend., 811; i'r., 442. But it is said ono partner may • Stautenburgh ». Vandenburgh, 7 Bow. make a general assignment miAoM* prefer- /*/■., 229. iSut see Pardee ». Hayne, 10 enoes, or an assignment liirec* *o a weiiitor Wend., 630 ; Kidd v. Brown, 2 How. Pr., in payment of his debt. • 20 ; Everson o. Gehrnian, 1 Abbotts' Pr., (A) Marquand v. N. Y. Manufacturing 167 ; 10 How. Pr., 301. Co., 17 Johns., 525 : Mumford v. McKay, S {g) Haggerty v. Granger, 15 How. Pr., Wend.., 442 ; Gould v. Banks, 8 lb., 562 ; • 243 ; Keinp v. Camley, 3 Vuer, 1 ; Havens Berry ». Cross, 3 Sandf. CL, 1 ; Griswold V. Hussey, 5 Paige, 30; Hitchoook «. St. *. Waddington, 16 Johns., 438. John, Haffm., 511; MoLelland «. Rem- («) 1 Bev. Stat., 764, §§ 1-24; laws o/ sen, 36 Marb., 622; 14 Abbotts' Pr., 381; 1857,886, ch.414; 74., 1837,101, oh. 129;y6., Tettee •«.. Orser, 6 Jiosw., 123; 18 How. 1858,449, oh. 289; iJ., 1862, 8S0, oh. 476. PARTNERSHIP. . 665 Articles of Agreement. t. General Pabthbbsiiip. faqk, 1094. Articles of copartnership in commeroifti business , 56.5 1095. Articles of oopartnereliip in hotel business 667 1096. Articles of copartnership between lawyers 567 1097. The same ; adapted to a case where one intends to retire in favor of the other 568 1098. Articles of voluntary association, for carrjing on a newspaper 609 1099. Limit of amount to be drawn out by partners 571 1100. Another form 571 1101. Provision for increase of capital 671 1102. Provision as to departments of service 572 1108. Bestriction on the power of majority .572 1104. Provision as to liquidation by sale at auction , 672 1105. Stipulation to refer disputes to arbitration 672 1106. Provision for offer to buy or sell 573 1107. Provision for dissolution on notice. . . .' 573 1108. Provision that after a dissolution the retiring partner shall not carry on the trade or disclose secrets 578 1109. Agreement to continue the partnership ; indorsed on the articles. . . 573 1110. Notice by one partner to another, to determine a partnership, un- der a power reserved for tlie purpose 574 1111. Memorandum of dissolution indorsed on the articles 674 1112. Advertisement of dissolution .574 1113. Advertisement of a partner's retiring 574 II. LiMITKD PAnTNEKsniP. 1114. Certificate of formation of limited partnership 575 1115. Affidavit of payinent of capital 675 1118. Designation of newspapers in which publication is to be made .■ 575 1117. Affidavit of publication, by printer of newspaper 675 1118. Certificate of continued use of firm -name 576 1094. Articles of Gopartnersliip in Commercial Business. Artiolks of ageekment, made the day of , one thousand eight hundred and , between A. B., of , and Y. Z., of , wltne-seth, as follows : I. The said parties above named have agreed to become copartners in business, and by these presents do agree to be copartners together under and by the name or firm of K. & Z,, in the business of [here designate it hriefly., hut accuratelu]{j), in the [buying and] selling all sorts of goods, wares and merchandise to the said business belonging. [If the location oj the place of business is deemed essential, it may be here specified.] The part- nership to commence on the day of , and to continue years. II. 'J'o that end and purpose the said A. B. has contributed the sum of dollars in cash, and the said Y. Z. has contributed the lease of the store in , to be occupied by them, and the stock of goods and good- will of the business there heretofore carried on by him, which are together estimated and valued by the parties at the like sum of dollars, the capital stock so formed to be used and employed in common between them, {J} The scope of tlio biihiness should beyond tlie intended scope. Tliusifouly be distinctly defined, if it is desired to a commission business is intended, the preclude the individual partners from in- word " buying/" should be omitted, voiving the firm in liabili'y, by dealings 566 ABBOTTS' POEMS. Articles of Copartnership. for the support and managemoot of the said business, to their mutual bene- fit and advantage. III. At all times during the continuance of their copartnership, they and each of them will give their attendance, and do their and each of their best endeavors, and to the utmost of their skill and power exert themselves for their joint interest, profit, benefit and advantage, and truly employ [buy], sell and merchandise with their joint stock, and the increase thereof, in the business aforesaid. And also, that they shall and will at ah times during the said copartnership, bear, pay and discharge equally between them, all rents and other expenses that may be required for the support and management of the said btisiness; and that all gains, profit and in- crease that shall come, grow or arise from or by means of their said busi- ness, shall be divided between them equally [or state other proportion] ; and all loss that shall happen to their said joint business by ill commodi- ties, bad debts or otherwise, shall be borne and paid between them equally [or other proportion]. IV. And it is agreed by and between the said parties, that there shall be had and kept at all times during the continuance of theh- copartnership, perfect, just and true books of account, wherein each of the said copartners shall enter and set down, as well all money by them or either of them re- ceived, paid, laid out and expended in and about the said business, as also all goods, wares, commodities and merchandise by them or either of them bought or sold, by reason or on account of the said business, and all other matters and things whatsoever, to the said business and the management thereof in any wise belonging; which said book shall be used in common between the said copartners, so that either of them may have access there- to, without any interruption or hindrance of the other. And also, the said copartners, once in [designating the times], or oftener, if necessary, shall make, yield and render, each to the other a true, just and perfect iur ventory and 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 all payments, receipts, disbursements and all other things by them made, re- ceived, disbursed, acted, done or sufiered in this said copartnership and business; and the same account so made, shall and will clear, adjust, pay and deliver, each to the other, at the time, their just share of the profits, and pay and bear their just share of the expenses and losses so made as aforesaid. V. And the said parties hereby mutually covenant and agree, to and with each other, that during the continuance of the said copartnership neither of them shall nor will indorse any note, or otherwise become surety for any per.-on or persons whomsoever, without the consent of the other of the said copartners. And at the end or other sooner determination of their copartntr.-hip, the said copartners, each to the other, shall and will make a true, just imd final account of all things relating to their sad business, and in all things truly adjust the same ; and all and every the stock and stocks, as well as the gains and increase thereof, which shall appear to be remaining, either in money, goods, wares, fixtures, debts or otherwise, shall be divided between tlicm. PAETNEESHIP. 567 Articles. [Here add any other special stipulations which may ie desired,] In witness whereof, the parties hereto have hereunto interchangeably set their hands and seals, the day and year first above -written. Signed, sealed and delivered ) [Signatures and seals.i{k) in the presence of J {/Signature of witness^ 1095. Articles of Copartnership in Hotel Business. This aoebement, made the day of , 18 , between A. B., of the city of , of the first part, and Y. Z,, of the same place, party of the second part, witness That the said parties eth :to this agreement hereby form with each other a copartnership, and agree with each other to be co- partners, for the purpose of purchasing the lease, furniture, good-will and fixtures of the Hotel in the city of , situated in street, in the city of , and for the purpose of carrying on and conducting the business of keeping said hotel. The firm and partnership name under which the business of said partner- norship shall be conducted and carried on shall be B. & Oo. ; and the said partner4iip shall begin on the day of the date hereof, and continue till the expiration of the term for which M. N. has a lease of said hotel, and also till the expiration of any terra or time for which the parties to these pres- ents, or either of them, may hereafter obtain a lease of said hotel from the owners thereof during said present lease. And the said parties to this agreement mutually agree with each other, that t'ley will purchase the interest of M. N. in the lease of said hotel, and in the fuiniture and fixtures and good-will thereof, at the best price and on the bcrt terms at which the same may be obtained ; and that each of the parties thereto shall contribute equally the capital, or capital and securities, necessary to purchase said interest of said M. N. in said hotel and furniture, and to cari-y on eaid business. And tlie said parties to this agreement further agree with each other, that each shall devote his whole time, attention, talents and business capa- city to the business hereby agreed to be carried on by them, as copartners as aforesaid. [Ciiceiiants as to accounts, restrictions on individual engagements, etc., as in Form 1095 ; and other stipulations as may be agreed; see Forms 1090 to 1108.] 1006. Articles of Copartnership Between Lawyers.(l) Articles of copartnership. A. B., 0. D., E. F. and G. H. hereby form a partnership as attorneys and counsellors under the name of B. & D., to continue for three years from this date ; but either party may retire on one month's notice in writing. {k) Seals are not necessary. the articles actually adopted by one of (i) Tliis form, though very brief and tlie largest and most (extensively em- simple in its proviaions, is founded on ployed firms lu the city of New York. 568 ABBOTTS' FORMS. Between Lawyers. Mr. B. shall receive one-half, Mr. D. and Mr. F. each one-fifth, and Mr. H. one-tenth of all the business receipts, including counsel fees from all sources, and deducting expenses. Each party shall devote all his working time to the business of the firm. All receipts shall be deposited in a bank to he selected by the firm, in the name of the firm ; and after current expenses are paid, shall be divided whenever there is a sum on hand exceeding two hundred dollars. All checks shall be drawn by Mr. F. Neither member of the firm shall become indorser or security in any manner for any other person without the consent of all the other members of the firm. [Signatures.] Dated New York, 18 . 1097. The Same; Adapted to a Case Where One Intends to Retire in Fanor of the Other. Aeticles of agheement, made this day of i 18 , between A. B. and Y. Z., both of , attorneys and counsellors. Wheeeas, a. B. is desirous to be relieved of the active management and business of his law practice, and to retire therefrom, and Y. Z. is disposed to undertake the same with the view of succeeding A. B. therein : It is agreed as follows : I. The parties hereto hereby enter into partnership for the general prac- tice of law, in the city [or, town] of II. A. B. places his office at No. street, in said city \or, town] and the furniture and fixtures therein, and the lease thereof, with all privi- leges and expectation of renewals, at the service of said partnership, but subject to all the covenants in said lease contained, during the continuance of this partnership. He further agrees to give tlie benefit and aid of his influence, recommendation and general assistance and advice to promote the business of the partnership ; and that he wiU not be pecuniarily inter- ested in any other law -office in said city [or, town] during the continuance thereof, nor for five years thereafter. But it is understood that his time will not be extensively required 'in the transaction of the ordinary bubiness of the office. III. Y. Z. agrees to give his whole time and attention to the business of the partnership hereby created. IV. He further agrees to take the whole general charge, management and dii'eotion of the office of the firm, and of all professional business iu which they may be employed, and to superintend and carry forward the same with activity, industry and professional skill; and to indemnify A. B. and save him harmless of and from all claims and demands arising out ot any uegleot or mismanagement of any business in which the firm may bo employed, excepting any neglect or mismanagement of the said A. B. V. Y. Z. further agrees to keep just and true books of account of all the business of the Srm, which shall be at all reasonable times open to the in- spection of A. B. ; and that he will on the first day of each calendar month render to said A. B. a statement in writing of all receipts, earnings, costs^ PARTNERSHIP. 569 Articles of Voluntiiry Associutioa. counsel fees, profits or commissions received in or throvigh said business during tlie montli preceding, and that he will at the same time pay to A. B. one-half [or other aliare agreed ori] of the gross amount thereof. VI. Expenses shall be defrayed as follows : A. B. shall pay one-qunrter of the rent, and of the expenses of lighting, heating and cleaning of office, and of salary of one clerk, as each grows due ; and shall have the occupancy of one-quarter in value of the ofiBce, the part to be such as he shall sulect. All other expenses are to be defrayed by V. Z. VII. Appearances may be entered in the name of Y. Z. as attorney. VIII. The partnership hereby formed shall continue in force for year from the date of these articles ; but A. B. may at any time withdraw upon giving one month's notice in writing. IX. Upon any dissolution of the partnership hereby created, except one caused by the death or other incapacity to continue business of Y. Z., an ac- count ■shall be stated of all sums theretofore earned in and by the professional business of the firm, whether the same be by the usage of the profession immediately chargeable and collectable from tlie clients of the firm or not ; and said sums shall bo, from time to time as opportunity arise, collected by said Y. Z. ; and as fast as any of them be collected he shall pay over to A. B. or his representatives tlie same share thereof which he would have been bound to pay had they been collected during the partnership. But the general good-will of the business of the firm, and of the lease of any oifices then occupied by them, shall enure to the benefit of and belong to Y. Z. And the said A. B., in consideration of tiie premises, hereby covenants to and with the said Y. Z., that in case the terms and conditions of this agreement shall be fully performed by the said Y. Z. throughout the term above prescribed, lie will not, without the consent in writing of Y. Z. first obtained, carry on the practice of law in said city [or, town] for five years from the expiration of said term, provided the said Y. Z. shall continue to practise law therein. [Sig natures. '\ 1098. Articles of Voluntary Association, for Carrying On a Newspaper. Articles of association made and entered into the day of , in the year one thousand eight hundred and , between A. B. and C. D., of the city of , and E. P., of the city of Firxt. 'Ihe said parf.es hereby form an association for the purpose of establishing and publi.-hing a daily newspaper in the city of , to bo called "The New Couiier," and a weelily newspaper from the same office, to be called "The New Weekly Courier," the first number whereof shull bo issued on the day of , or as soon thereafter as shall be pr.-ictirable. The name of the association s-hall be A. B. & Co., and the parties above named shall be the sole directors thereof, and shall have the nianigcinuut and direction of i(s affairs, according to the judgment of the majority, sub- ject to the.-!e articles, until furiher articles in writing shall be m^de in tlie premises and signed by all tlie parties hereto. Second. The business of the said association shall be conducted without incurring debt, except for salaries, rent and paper; and no promissory note 570 ABBOTTS' FOEMS. Articles of Voliiutary Aasooialiou. or other obligation shall be made in the name of the association, or shall be binding on either of said parties, unless he shall have himself signed ife Third. The said A. B. shall be the editor, and shall have the entire con- trol of the editorial department of both said newspapers ; and may, in his discretion, employ such assistants and correspondents in such department as may be necessary, and at such rates of compensation as shall be fixed by the directors. The said A. B. shall give all needful attention to the con- duct of said newspaper, and shall be entitled to receive for his services as editor an annual salary of dollars, payable quarterly, which shall be paid as part of the expenses of said newspaper. Fourth. The financial and mechanical business of the said newspaper shall be managed by said 0. D. and E. F. ; and they shall give all needful attention to the same. They shall have charge of the publication and printing offices, and receive and disburse all moneys, and employ such me- chanics and clerks and carriers, and otlier business agents, as may be iieces- sary, at such rates of compensation as shall be fixed by the directors. They shall keep full and accurate books of account of the receipts and disbursements, and of all the business of the association, and of the resolu- tions and orders of the directors ; and the same shall be the jiroperty of the association, and shall be open at all times to the examination of the directors and each of them. Fiflh. The said C. D. and E F. shall each contribute in cash the sum of dollars, being dollars in all, as a cash capital to establish and continue said newspapers. The said newspapers and the good-will thereof, and all the other goods and chattels, rights, credit and property of said association, as they shall from time to time exist, shall be divided into, and shall always consist of, one hundred equal shares, to be called capital stock, of which said A. B. shall receive, as an equivalent for his editorial abihty, shares ; and said C. D. and E. F. each shares, as an equivalent for their capital and business ability; and they shall all receive for the same stock certificates or scrip, sigued by all the parties hereto ; and all the profits of said paper .'•hall be divided between said partners in the proportion of the stock aforesaid ; and if tlie said sum of dollars cash shall prove insufficient to establish said newsjiaper in easy circumstances, then tlie said A. B., 0. D. and E. F. shaU, in proportion to their said shares, contribute such additional sum as may, by the resolution of said directors, be determined to be necessary to the purpose; and if any shall fail so to contribute, then those contributing to such additional sums over and above said dollars shall thereafter be entitled to receive an increased share of the profits — that is to say, in proportion to their original shares, with the addition of such additional contributions. 'Iho profits shall be ascertained and divided on the first day of and in each year, or at such other times as may be fixed by the direc- tors. SixlTi. Each of the parties hereto shall have the right to sell any portion of his .shares of said stock ; but before selling the same to any other per- 3on, he shall offer the same to the association, giving them the refusal PaETNEESHIP. 571 Special Provisions for Articles. thereof for days. But no sale of any such shares shall give to any purchaser thereof any right to interfere in the condunt, management or af- fairs of said newspapers, or either of them ; and no such purchaser shall acquire any interest whatever in the profits of said papers till he shall have received a certificate or scrip for his said shares, signed hy all the parties hereto, and duly registered in a book kept for that purpose ; which scrip shall always express from whom fho said shares were purchased, and shall certify that the holder of said scrip takes the same with notice of and sub- ject to the articles of association between the parties hereto, and is entitled to participate in proportion to his shares only in that portion of the profits which may be assigned to the party so selling to such purchaser, and shall not be entitled to any voice or agency whatever in the conduct, control, management or aflfairs of said company or of said newspapers. Seventh. These articles may be altered at any time, by agreement in wri- ting, to be signed by all the parties hereto, and not otherwise. In witness wnESEOr, the parties to these presents have hereunto set their hands and seals, the day and year first above written. [Signatures.] In presence of [Signature of witness.'] 1099. Limit of Amount to le Brawn Out ly Partners. Each of the parties may draw from the cash of the joint stock, the sum of dollars quarterly, to his own use, the same to be charged in account, and neither of them shall take any further sum for his own separate use, without the consent of the other in writing ; and any such further sum, taken with such consent, shall draw interest at the rate of per cent., and shall be payable, together with the interest due, within days after notice in writing given hy the other party. 1100. Another Form. Keitlier party shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned, after payment of expenses and losses, nor shall either party be entitled to interest on his share of the capital ; but if, at the expiration of the year, a balance of profits be found due to either partner, he shall be at liberty to withdraw the said balance, or he may leave it in the business, if the other partner consent thereto, in which case he shall be allowed interest on such balanca at the rate of per cent. ; and shall give notice in writing of mtontion to withdraw it, before he shall withdraw it. nOl. Provision for Increase of Capital. Neither party shall draw out any part of the profits of the concern, with- out the consent in writing of the other parties, until the capital exceeds the sura of dollars, which sum of dollars shall be set apart during the term of the said copartnership as a joint capital for the purposes of the said conr.ern ; but when the capital sljall exceed the said sum of dollars, then either party may draw out tlid wliole or any part of his share of the profits over and above that capital. 572 ABBOTTS' FOEMS. Special Provisi<:nj8 for Ariicles. 1102. Provisions as to Departments of Service. The said T. Z. shall devote and give all his time and attention to the business of the said firm as a salesman, and generally to the care and superintendence of the store; and the said A. B. shall devote so much of his time as may be requisite in advising, oversfeeing, and directing the pur- chase and importation of goods necessary 'to the said business. 1103. Restriction on the Power of Majority. Ko purchase or other contract, involving a liability of more than dollars, nor any importation from abroad shall be made, nor any transaction out of the usual course of the retail business, shall be undertaten by either of the partners, without the previous consent and approval of the other pai-tner. 1104. Provision as to Liquidation ty Sale at Auction. Upon the expiration of the aforesaid term, or on the earlier dissolution of this copartnership, if the parties or their legal representatives cannot agree on the division of the assets and the apportionment of the liabilities, and do not refer the same to arbitration, the whole copartnership effects [except the debts due to the firm], shall be sold by public auction, at which each of the parties shall be at liberty to bid and purchase like other persons, and the proceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid. 1105. Stipulation to Refer Disputes to Arbitration. (m) If at any time hereafter, and before the accounts between the parties concerning the said partnership shall be finally settled and closed, ^ny dis- pute or difference shall arise between them the parties, or any two of them, concerning the true construction of any thing in these presents, or any accounts to be stated or settled in pursuance hereof, or the valuation of the assets, or any thing relating to the partnership, or the concerns thereof, or out of the acts or omissions of either party to this agreement, then and so often as the same shall happen, all such matters in difference shall be sub- mitted and referred to the award and determination of three arbitrators, to be chosen, one by each of the. parties to this agreement, and the third ar- bitrator fhall be chosen by the two chosen by tlie parties to this agreement, and the decision and award of any two of the three arbitrators [in writing] shall be binding and final between the parties to this agreement, and bind- 'ag on them, and shall be carried out "and performed by them.(«,) (m) Tins provision is a very useful one, (n) For fuller provisions as to choosing as the equity of it will genenilly enable umpire, and ns to tlie time within which the parties to come toa settlement accord- an award must be made, seej^he chaptei mgly, altliongh it is not speeitioally en- on Abbitka.tion. foroeablu in the o mrts. PAETNEESHIP. 573 Special Provisions in Arlicles. 1106. Provision for Offer to Buy or Sell.{o) On the dissolution of tbe said copartnership, either party may make, in writing, an offer to the other of the price at which he will buy the interest of the other, or sell to the other his own interest ; and such other party shall thereupon, within days, signify his election whether he will buy or sell at that price ; and if he fails to do so by notice, in writing, within that time, the party making such offer may, within days, buy or sell at his own election acoording^to his offer. 1107. Provision for Dissolution on Notice. In case of the violation of any of the foregoing covenants and obligations by either of the parties hereto, the other party may, at his option, dissolve this copartnership by giving the parties written notice of his- election so to do, within days after being informed of such violation. After tbe expiration of the first years of said copartnership, either party may at his election dissolve the partnership, by giving months' previous notice in writing, of his intention so to do. 1108. ProDision that After a Dissolution, the Eetiring Partner Shall Not Carry On the Trade, or Disclose Secrets. Upon and after the expiration .of the said term, or other sooner termina- tion of the partnership, except it be terminated by reason of the violation, default or death of the other party, the partner retiring shall not at any time, either alone, or jointly with, or as agent for any person either directly or indirectly, set up, exercise or carry on the said trade or business of , within miles from aforesaid; and shall not set up, make or en- courage any opposition to the said trade or business hereafter to be carried oil by the other party or his representatives or assigns, nor do any thing to the prejudice thereof; and shall not divulge to any person any of the secrets, accounts or transactions of, or relating to the said copartnership. And for any violation of this stipulation, the parties bind themselves to each other in the sum of dollars to be deemed liquidated damages, and in total extinction of this covenant, and not in the nature of a penalty. 1109. Agreement to Continue the Partnership ; to he Indorsed on Articles. Wheeeas the partnership evidenced by the within articles of agreement has this day expired by the limitations contained herein [or, will expire on tbe day of next], it is hereby agreed that the same shall be con- ' tinned on the same terms, and with all the provisions and restrictions therein (o) Snoh a provision as this affords a affairs, where the shares are exactly de- verj- convenient mode of liquidating the fined. 674 ABBOTTS' FORMS. DiPKolution of Partnership. contained, for the further term of years from this date [or, from the day of next]. In ■witness [etc., as in Form 1094]. 1110. Notice hy one Partner to Another, to Determine a Partnership, Under a Power Heserved for the Purpose. Puesuant to the power for this purpose contained in certain articles of partnership, dated the day of , and made hetween you of the one part and me of the other part, I hereby give you notice that it is my inten- tion to determine the partnership now subsisting between us under the said articles forthwith [or, at the expiration of months, to be com- puted from the date hereof].(;3) [Bate.] [Siffnature.] [Address to other partner.'] 1111. Memorandum of Dissolution Indorsed on the Articles. By mutual consent of the parties to the within agreement, the partner- ship thereby formed is wholly dissolved, except so far as it may be neces- sary to continue the same for the final liquidation and settlement of the business thereof; and said agreement is to continue in force until such final liquidation and settlement be made, and no longer. A. B. only [or, each of the parties] is authorized to sign in liquidation. In witness [etc., as in Form 1094]. 1112. Advertisement of Dissolution. Notice is hereby given, that the partnership lately subsisting between A. B. and T. Z., of , under the firm of B. and Z., expired on the day of [or, was dissolved on the day of , by mutual consent, or, pursuant to the terms of the articles]. All debts owing to the said partnership are to be received by said A. B., and all demands on the said partnership are to be presented to him for payment [or, A. B. is authorized to settle all debts due to and by the firm]. [Datei] [Signature of partners^ 1113. Advertisement of a Pavtner''s Retiring. Notice is hereby given, that the partnership between A. B., C. D. and E. F., was dissolved on the day of , so far as relates to the said E. F. 'AH debts due to the said partnership, and those due by them, will • be settled with and by the remaining partners [who will continue the busi- ness under the firm of B. & D.] [Date.] [Signatures of the partners.] (p) If the dissolution is because of a violation of the articles, state it briefly.' PAEraEESHIP. 675 Limited. II. Limited on Speoial PAETNKEeniPS. 1114. Certificate of Formation of Limited Partnership, This is to certify, that the undersigned have formed a limited partner- ship, pursuant to the jirovisions of the Revised Statutes of the State of New York. That the name or firm under which such partnership is to he con-- ducted is . That the general nature of the business to he transacted is [here specify it — e. g., thus .•] buying and selling [on commission] hardvrare and house-furnishing goods, and such articles as are usually dealt in by dealers in such ware and goods. That the names of all the general and special partners are as follows : A. B., who resides at , and 0. D., who resides at , are the general partners; and E. F., who resides at , and G. H., who resides at , are the special partners; and that the said E. F. has contributed the sum of dollars, and G-. H. the sum of dollars, as capital to the common stock ; and that the said partner- ship is to commence on the day of , and is to terminate on the day of , 18 . Dated this day of , one thousand eight hundred and [Signatures.'] [Add acTcnowledgment or proof as if it were a deed of lands. See pp. 55 to 61, ante^\ 1115. Affidanit of Payment of Capital. County of , s«. A. B., being duly sworn, says, that he is the general pai-tner [or, one of the general partners] named in the above certificate, and that the sum spe- cified in the said certificate to have been contributed by the [or, each] spe- cial partner to the common stock, has been actually, and in good faith, paid in cash. Sworn before me, this day of , 18 . [Signature.'] [Signature of officer.'] 1116. Designation of Newspapers in 'Which Publication is to be Made. Let the terms of the limited partnership between A. B., C. D. and E. F. be published in the and the , which papers are published in , in County. [Signature of] Clerk of the County of 1117. Affidavit of Publication, by Printer of Newspaper. County of , ss. A. B., being duly sworn, says, that he is printer of the newspaper known as the [insert name of newspaper], published daily or weekly, at [insert place of its publication], and that the advertisement, a copy whereof is hereto annexed, was published in said newspaper, for six weeks successively — that 576 ABBOTTS' FORMS. Piiteiits. 18 to say, in the issues of said newspaper, dated respectively the day of , the day of , the day of , the day of , the day of , and the day of [inserting here the dates when the advertisement appeared], SwoEN [etCfOS in Form 1115]. [Signature,] 1118. Certijicate of Continued Use of Firm-Name. Vheeeas the copartnership, heretofore existing under the firm-name of A., B. & Oo., has heen dissolved hy the retirement of B., but the business is to be continued by the subscribers, one of whom was a copartner in said firm. And whereas the said copartnership had .business relations with foreign countries [or, was a copartnership within this State, and had con- ducted business therein for a period of five years — or, was a limited partner- ship formed under the laws of this State, and A. and 0., members thereof, are the general partners — or, a majority of the general partners] in the con- tinued partnership hereinafter referred to, as specified in the act of the Legislature of the State of New York, entitled " An Act allowing the con- tinued use of copartnership names in certain cases," and the acts amending the same. Now, theeefoeb, we. A., 0. and D., whose places of abode are in the city of , and E., whose>place of abode is in the city of , do hereby certify, pursuant to said statute, that we are the persons now and hereafter dealing under the said firm-name of A., B. & Oo. [Date.] [Signatures^ [Add achnowledgment{c[) ty signers, as in Forms 105-108.] CHAPTEE LXVni. PATENTS. This chapter embraces only forms connected with Letters Patent issued by the United States, for inventions, designs, etc. The laws of many foreign countries allow Americans to take out patents there, but this subject is not here embraced, nor are Patents tor Lands. Both citizens and aliens are here allowed to take out patents. In case of death of the actual inventor, the patent will be issued to his representatives. Although one, in this country, has made an invention unassigted by know- ledge of any similar one, he will not be allowed a patent, if his invention has been previously patented or described in any printed publication in thi^ or any foreign country, or has been invented or discovered, so as actually to reduce it to practical working form, in this country. (y) The statute does not provide for proof by a subscribing witness instead of acknowledgment. PATENTS. 577 Reissues. Extensiona. Designs. Foes. lu obtaining a patent the applicant prepares and forwards to the commis- eioner ol' patcaits a petition, accompanied by a specification in which the peculiar features of the invention are described and the patent claimed is defined, and by the affidavit of the inventor, and by appropriate drawings and working model. The claim is examined, usually in its regular order, in the Patent Office at Washington, and if allowed, the patent is made out and for- warded to the applicant. If it is disallowed, the petitioner has a privilege of several successive appeals. When a patent has been issued and is afterwards found to be invalid by reason of a defective specification, if the error arose from honest inadvertence, accident or mistake, the patent may be surrendered, and a new and correct one issued in its place. This is called a reissue. Patents granted prior to March 2, 186t, may be extended by the commis- sioner of patents fjr seven years beyond the original term (fourteen years), provided the commissioner is satisfied that the invention is novel ; that it is useful, and valuable and important to the public ; that the inventor has not been adequately remunerated for it, and that he has used due diligence in introducing it to use. Patents for inventions granted since that day are issued for seventeen years, and cannot be extended. A citizen, or an alien who has resided one year here and made oath of in- tention to become a citizen, can file in the Patent Office a cawat ; containing a general description of any invention he has made, but has not yet sufficiently perfected to enable him to apply for a patent for it. He is then entitled to notice from the Patent Office of any application made within one year for a patent for the same invention, and to have an opportunity to prove that he is the original inventor, and the person really entitled to a patent. At the end of a year the caveat may be renewed, and so on from year to year. The assignee of any invention may haye the patent issue to him directly ; but this is held to apply only to assignees of entire interests. Although when the inventor assigns his entire interest to two or more, a patent will issue to them jointly, still, if he retains a portion in himself, a joint patent will not be issued to him and them ; the inventor, however, may make himself an assignee of a part interest of his invention. An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name, but the assignment must first be recorded and the specification sworn to by the inveptor. After a patent is obtained the patentee may grant the right to make or use the thing patented in any specified portion of the United States. Every assignment or grant should be recorded within three months from its date ; but if recorded after that time it will protect the assignee or grantee against any one purchasing after the assignment or grant is placed on record. When the patent is to issue in the name of the assignee, the entire corre- spondence should be in his name. Patents are now granted for dengns ; that is, for artistic figures, pictures, ornaments, etc., intended to be worked in or painted or printed upon articles of manufacture. These may be obtained for three and a half years, seven years or fourteen years, at the election of the inventor. Fees are payable in advance ; the principal ones required in obtaining patents are : On designs, according to term applied for $10, |15 or $30 On a caveat 10 On applying for a patent 15 On the issuing of a patent 20 On filing a disclaimer 10 On a reissue 30 For copies of papers, on every 100 words 0.10 * Money may be remitted to the Patent Office, by mail or otherwise, at the risk of the owner, or may be paid to either of the following officers, and his receipt sent to the Patent Office. 37 578 ABBOTTS' POBMS. Conduct of Patent Business. The assistant treasurer of tlie U. S., at Boston, Mass. ; at New York City ; at St. Louis, Mo. ; and at San Francisco, Cal. ; treasurer of tlie mint, Philadel- phia, Pa. ; surveyor and inspector, Pittsburgh, Pa. ; collector of customs at Baltimore, Md. ; and at Buffalo Creek, N. Y. ; surveyor of the customs, Cincin- nati, 0. ; receiver of puWic moneys, at Jeffersonville, Ind. ; at Cliicago, 111. ; and at Detroit, Mich. ; and any National Bank which has been designated a depository of public money's. All ordinary business connected with obtaining patents may be carried on as well by correspondence as by the personal attendance of the party. Letters should be addressed to the commissioner of patents, Washington, D. C. 'Pamphlets containing the patent laws, and directions for proceedings in the Patent Office are issued by the office, and may be had by addressing the com- missioner. New editions are published annually, being corrected to conform to the existing state of the law. If correctly followed, they arc a sufficient guide in ordinary cases^ but more experience is necessary than is often sup- posed, to enable an applicant to frame his specification and claim aright. In respect to these the general rule is, that the invention maist be so fully and accurately described as to enable any person skilled in the proper branch of art or science, to make and use the thing for which the patent is asked ; and the parts for which a patent is asked must be defined with precision. Unless the invention is unusually simple, or the inventor has more than average ex- perience in framing legal instruments, it is wise to consult a reliable patent agent or an experienced patent lawyer. FAOB 1119. Petition for a patent for an invention 578 11 20. General form of specification for a new machine 579 1121. General form of specification for an improvement upon an existing machine. 581 1122. Example of a specification for an improvement in tiie steam-engine 581 1123. Oath by a citizen... 582 1124. Oath by an alien who has taken steps to become naturalized 582 1125. Petition for a patent for a design 582 1126. Speoifieatiou for a design 58S 1127. Oath to latter petition by a citizen ■. 584 1128. Oath by an alien who has taken steps to become a citizen 584 3129. Amendments to specification '. .' 584 1180. Appeal to examiners-in-chief from decision rejecting application 585 1131. Surrender of a patent for reissue 585 1182. Oath to application for a reissue 686 1133. Disclaimer by an assignee ; 586 1184. Caveat 587 1135. Deposition to be used in contested oases in- the Patent Office 588 1136. Certificate to be annexed by magistrate 589 1137. Superscription to be written on the envelope containing the deposition.. . . 589 1119. Petition for a Patent for an In'cention.{a) To the commissioner of patents : The petition of A. B., of , in the county of , and State of , repeotfully represents : That your petitioner has invented a new and improved mode of prevent- ing steam-boilers from bursting [or otherwise designate the general riature (o) The petition must be written in the is to issue to an assignee. If the inventor •English language, addressed to the coin- is dead, tlie petition may be made by hia missioner of patents and signed by the executor and administiator. Inventor, if alive ; even though the patent PATENTS. iro Specification for a Machine. of the invention], which he verily helieves has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed io the acts of Congress in that case made and pro- vided ; he having paid fifteen dollars into the treasury, and complied with the other provisions of the said acts. A. B. 1120. General Form of Specification for a New Machine.Q)) Be it known, that I, A. B., of , in the county o£ , and State of , have invented a new and useful machine for [state the use and title of the machine], * and I do here'by declare that the following is a full, clear and exact description of the constraotion and operation of the same; (A) The applicant must set forth in his specification the precise invention for which he claims a patent. In all applications for mere improve- ments, the specification must distinguish between what is admitted to be old and what is described and claimed to be the improvement, so that the office and the public may understand exactly for what the patent is granted. Two or more distinct inventions may not be claimed under one application for letters patent. No positive rules for guidance can be laid down on this point; but in general, where there are several parts .or elements of a machine, art, process, manufacture or composition of matter, having no necessary or dependent connection with each otiier, and each sus- ceptible of separate and distinct use or application, either by itself or in other connections, all set forth and claimed under one application for letters patent, the Patent Office requires the party to divide the application and confine the claim to whichever invention he may elect. Where a principle of operation or con- struction is invented or discovered, the party is allowed to claim the principle broadly, and one mode of carrying it into operation. The specification must be signed by the inventor (or if the inventor be dead, by his execntor or administrator). It should describe the sections of the drawings (where there are. drawings), and refer by letters and figures to (he different parts. It must be attested by two witnesses. The substantial requisites of the specifica- tion are set forth in the act of Congress of July 4, 1836 ; section six of which pre- scribes, that " before any inventor shall receive a patent for any such new inven- tion or discovery, he shall deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using and compounding the same, in such fnll, clear and exact terms, avoiding unnecessary prolixity, as to enable any person skilled i; the art or science to which it appertains, or with which it is most nearly connected, to make, constritct, compound and use the same ; and in case of any machine, he shall fully explain the principle, and" the several modes in which he has contem- plated the application of that principle or character by whichitmay be distinguished from other inventions; and shall partioij- larly specify and point out the part, im- provement or combination which he claims as his own invention or discovery. Ho shall, furthermore, accompany the whole with a drawing or drawing*, and written references, where the nature of the case admits of drawings ; or with specimens of ingredients, and of the composition of matter, sufficient in quantity for the pur- pose of experiment, where tlie invention or discovery is of a composition of matter ; which descriptions and drawings, signed by the inventor, and attested by two wit- nesses, shall be filed in the Patent Office ; and he shall, moreover, furnish a model of his invention, in ml cases which admit of a representation by model, of a con- 580 ABBOTTS' FORMS. Drawings and Models. reference being had to the annexed drawings, inaking a part of thia spec^fl- oaiion — in which, figure one is a perspective yiew ; figure two a longitudinal elevation ; figure three a transverse section, etc. [thm describe all the sections of the drawings, and then refer to the parts hy letters]. [Then follows the description of the construction and operation of the machine ; and lastly the claim, which should express the nature and cha/racter of the invention, and identify the parts claimed separately or in combination.] venient size to exhibit advantageously its several parts." The drawings must be sigued by the applicant, and attested by two witnesses. They must be neatly and artistically executed in fast colors, on one or more sheets separate from the specification, the size of the sheets to be twenty inches frooi top to bottom, and fifteen across, this being the size of the patent. One of these drawings, to be kept in the office for reference, must be on thick drawing- paper, sufficiently stiff to support itself upright in the portfolios. Tracings upen eloth, pasted upon thick paper, will no,f be admitted. The other drawing, which is to be attached to the patent, must have a margin of one inch at least for that pur- pose on the right-hand side, and should be on tracing muslin, which will bear folding and transportation, and not on paper. The drawings should generally be in perspective, with such detached sectional and plane views as to clearly show what is the invention, its construc- tion and operation. All thick drawings should be colored and shaded; and when different materials are united in a machine, as steel and iron, or wood and metal, the distinction should be indicated by dif- ferent colors on the drawings. Each part must be distinguished by the same num- ber or better, whenever that part is de- lineated in the drawings. Applicants are advised to employ dom- petent artists to make the drawings, which will be returned if not executed in con- formity with these rules. Thick drawings should never be folded for transmission. A model is required in every case where the nature of the invention ad mits of such illustration. The mod^l must be neatly andsubstan- tiallj- made of durable material, and not moi e than one foot in length or in height, un 5SS a larger model is necessary to qx- Jiibit the invention. If made of pine or other soft wood, it should be painted, stained or varnished. Models filed as exhibits, in interference and other cases, may be returned to the applicant, at the discretion of the commissioner. A working model is always desirable, in order to enable the office fully and readily to understand the precise opera tion of the machine. The name of the inventor (and also of the assignee, if the invention has been assigned), and also the title of the invention, must be fixed upon it in a permanent manner. When the invention is a composition of matter, a specimen of each of the in- gredients and of the composition must accompany the application, and the name of the inventor and o^ the assignee (if there be one) must be jermanently affixed thereto. When a work of design can be suf- ficiently represented by a drawing, a model will not be required. Photographs are admitted for the illus- tration of works of design, and must be pasted on thick drawing-paper and tracing muslin, of the size prescribed for draw- ings; but in every case where this mode of illustration is employed by an applicant for a patent, he will be required to deposit in the office the glass or other " negative" from which the photograph is printed, so that exact official copies may be made therefrom when desirable. It is strongly recommended that every thing needed to make the application complete, the petition, specification and oath, the drawings and models, or speci- mens of ingredients, and the fee, or United States officer's receipt for payment of the amount, should all be forwarded at one and the same time. No advantage is gained by forwarding one before another, as no application is put upon file in the office for exaniination, until all have been received. PATENTS. 581 Specifioation for an Improvement. 1121. Generod Form of Specifioation for an Improvement Upon an Existing Machine. Be it known, that I, A. B., of , in the county of , and State of , have invented a new and useful improvement on a [or, on the] machine, etc. [continue as in preceding form from the *, except that iri stating the claim, the existing machine should he disclaimed, and tlie claim confined to the improDement], 1122. &le of a Specification for an Improvement in the SteamSngine.(c) To ALL WHOM IT MAT OONOBEN : Be it known, that I, A. B., of , in the county of , in the State of , have invented a new and improved mode of preventing steam- boilers from bursting; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings, and to the letters of reference marked thereon. The nature of my invention consists in providing the upper part of a steam-boiler with an aperture in addition to that for the safety-valve ; which aperture is to be closed by a plug or disk of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should tlie safety- valve fail to perform its functions. To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation. I construct my steam- boiler in any of the known forms, and apply thereto gauge-cocks, a safety- valve, and the other appendages of such boilers ; but, in order to obviate (c) The chief demand for pnins nnd 4, ISSfi, prescribes the general requisites pkill in the preparation of patent papers of the oath, as follows : The applicant IB in the drafting the specification nnd shall make oath or affirmation that he claim. It is impracticable, however, to does verily believe that he is the original give forms which can be of much aid as and first inventor or discoverer of the art, guides in this part of the work, since machine, composition or improvement, every part of the phraseology employed for which he solicits a patent ; and that he depends on the character and peculiarities does not know or believe that the same of the invention to be patented. A thor- was ever before known or used ; and also ough and exact knowledge of the nature of what country he is a citizen ; which of the invention, a general acquaintance oath or affirmation may be made before with the branch of art or science to which any person authorized by law to admin- it belongs, or with which it is most nearly jster oatlis. connected, a conversance with existing By section 4 of the act of Congress of inventions in the same department, and August 29, 1842, it is enacted, that the habits of clearness, conciseness and ac- oath required for applicants for patents curacy, in the use of terms of art and may be taken, when the applicant is not, science, are indispensable to success in for the titne being, residing in the United this branch of drafting. The forms given States, before any minister plenipoten- in the text follow closely those which have tiary, oharg^ d'aflTaires, consul or com- been officially issued by the Patent office, mercial agent, holding commission under and will show the general outline to be the Government of the United States, or adopted. before any notary public of tlie foreign Section 6 of the act of Congress of July country in which such applicant may be. 582 ABBOTTS' FORMS. Oath. Petition. the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. In general, I compose this fusible metal of a mixture of lead, tin and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam ; it will, of course, vary with the pressure the boiler is intended to sustain. I surround tlie opening containing the fusible alloy by a tube B, intended to conduct off any steam which may bo discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire -to secure by letters patent, is the application to steam-boilers of a fnsible alloy which will melt at a given temperature and allow the steam to escape, as herein described, using for the purpose the aforesaid metallic compound, or any other substantially the same, and which will produce the intended effect. A. B. Witnesses : M. N. 0. P. :}■ 1123. Oath; By a Citizen. State of County of On this day of , 18 , before me, the subscriber, a , per- sonally appeared the within-named A. B., and made solemn oath [or, affirm- ation] that he verily believes himself to be the original and first inventor of the mode heroin described for preventing steam-boilers from bursting ; and that he does not know or believe the same was ever before known or used; and that he is a * citizen of the United States. ro. ^ j. jc n [tSLgnature of officer.] 1124. Oath hy an Alien who has TaJcen Steps to Become Naturalized.(d) [As in the preceding form to the *, continuing' thus .•] a native of the kingdom of ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becom- ing; naturalized in this country. . ro- i jf js -I ° J • [Signature of officer.] 1125. Petition for a Patent for a I>Mgn.{e) To the commissioner of patents : The petition of A. B., of the town [or, city] of , in the county of , and State of , respectfully represents : That your petitioner has invented or produced a new and original design (d) If the applicant is an alien, not re- naturalized, tlie oath should be modified siding imthe United States, or if ho has accordingly, aottalcenthi necessary steps to become {«) Patents for designs are granted un- PATENrS. 583 Specification for Design. for [state the general nature of the design], which he verily believes hag Dot been known prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, for the term of three and a half [or, seven, or, fourteen] years, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided, he having paid ten [or, fifteen, or, thirty] dollars into the treasury, and complied with the other provisions of the said act. A. B. 1126. Specification for a Design. To ALL WHOM IT MAT CONOEEN : Be it known, that I, A. B., of the town [or city] of , in the county of , and State of , have originated and designed a new pattern [for carpets or other fabrics, or, a design for a trade-mark], of which the following is a full, clear and exact description, refference being had to the accompanying specimens or drawings, making part of this specification. [Here gice a description of the design, with references to the specimen or drawing, concluding with a ^^ claim," as follows :"] What I claim as my invention, and desire to secure by letters patent, is the design or pattern [for carpets or other fabrics, or, the design for a trade-mark] herein set forth. Witnesses: A. B. M.N. O. P. der section 7 of the act of Congress of March 2, 1861. It provides that any citizen or citizens, oralien oraliens, liaving resid- ed one j ear in the United States, and tal^en the oath of liis or their intention to be- come ii citizen or citizens, wlio by his, iier or their own indnstry, genius, efforts and expense, may liavc invented or produced any naw and original design for a manu- facture, wlietlicr of metal or other ma- terial or materials, any original de:*ign for a bust, statue, or bas-relief, or composi- tion in alto or basso relievo, or any new and original impression or ornament, or to be placed on any article of manufac- ture, tlie same being formed in marble or other material, or any new and useful pat- tern, or print, or picture, to be either worked into or worked on, or printed, or painted, or cast, or otlierwisc fixed on any article of manufacture, or any new and original sha]ie or configuration of any ar- ticle of nnmnCacture, not known or used by otliers before his, her or their inven- tion or prbduotion thereof, and prior to the time of his, her or their application for a patent therefor, and who shall desire to obtain an exclusive property or right therein to make, use, and sell and vend the same, or copies of the same to others, by them to be made, used and sold, may make application in writing to the com- missioner of patents, expressing such desire ; and the commissioner, on due proceedings had, may grant a patent therefor, as in the case now of application for a patent, for the term of three and one-half years, or for the term of seven years, or for the term of fourteen years, as the said applicant may elect in his appli- cation : Provided, That the fee to be paid in such application shall be for the term of three years and six months, ten dol- lars; for seven years, fifteen dollars; and for fourteen years, thirty dollars: And provided. That the patentees of de- signs under this act shall be entitled to the ovension of their respective patents, for the term of seven years from the day on which said patents sliall expire, upon the same terms and restrictions as arc now provided for the extension of letters patent. 584 ABBOTTS' FORMS. Oath. Amendments. 112'7. Oath; By a Citizen. Statb of , 1 [Oity and] Ooimty of . ) ' On this day of i 18 , before the subscriber, a , persor- ally appeared the within-named A. B., and made solemn oath \or, affirma- tion] that he verily believes himself to be the original and first inventor, or producer, of the design for , and that he does not know or believe that the same was ever before known or used, and that he is a * citizen of the United States. [Signature of officer.] 1128. Oath to Latter Petition, iy an Alien who has TaJcen Steps to Become a Citizen. [As in the preceding form to the *, continuing thus:] a, native of the kingdom of ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for be- "oming naturalized in this country. [Signature of officer.^ 1129. Amendments to SpeaiJication.(f) I hereby amend my specification by inserting the following words after thes word , in the line of the page thereof [here supply the words that are to he inserted]. (/) The applicmit for a piitenf has a papers themselves are generally returned right to amend his applioation of course, by the office to the applicant; but it is after the first-rejection, and he may amend only to enable him to niiikc those amend- after the second, if the CXaminer.therein ments, so as to be in harmony with thts present any new references ; and after a context. Even when the amendment second njeotion, and before appeal to the consists in striking' out a portion of the examiner-in-chief, the applicant may draw specification, or other paper, the saine up special amendments, and presbnt the course should be observed. Thei'uleso/ same to the commissioner, together with the office forbid any erasures to be made. an affidavit showing good- cause why the The papers are required to remain forever ameodmehts were not sooner otfered, just as they were when filed, so tliat a true whereupon the commissioner may in his' liistory of all tl^at has been done in tlie discretion gi-nnt leave to make such ppe- case may be gathered from them. Where cial amendments, and allow a reconsid- papers are sent to the applicant for amend- eration. After an apjteal to the exam- ment, the origiual papers must in all inera-in-chief no amendment or alteration cases be returned to tlio office for pres- i» allowed, nor are amendments allowed ervation, together with the amendments. lifter a patent has beeii ordered to issue. In some oases, amendments will bo por- AU amendments of specifications or mitted to be made by writing out the eu- ^laims are required to be made ou sep- tire paper anew; but even when this is Mate sheets of paper from tlie original. done, the original paper must be returned ■When amendments are required, the and. preserved. PATENTS. 585 Appeal. Surrender for Keissue. Or, I hereby amend my specification by striking out the line of the page thereof, or, bystriliing out the first and fourth claims appended thereto \pr otherwise state whatever may he the amendment desired bij the applicant.'] A. B. \Sig71atures of two witnesses^ 1130. Appeal to Exami7iers-in- Chief, from Decision Rejecting Application.{g) To the commissioner of patents : Sir — In conformity with section third of the act of Congress, dated 2d March, 1861, I hereby mate application for an appeal from the decision of the principal examiner, in the matter of my application for a patent for an improvement in {describe invention}, rejected a second time on the day of ) 18 , and request that the same may be heard by the examiners- in-chief. Eespectfully, A. B. 1131. Surrender of a Paterd for Seissue.Qi) To the commissioner of patents : The petition of A. B., of the town \or, city] of , in the county of , and State of , respectfully represents : That he did obtain letters patent of the United States for an improve- ment in the boilers of steam-engines, which letters patent are dated on the (g) If the examiners-in-ohief confirm as amended subsequently by making the the rejection of the application, the case fee to be paid thirty dollars instead of lif- may be brought before the commissioner teen. It provides that whenever any in person, upon a written request to that patent shall be inoperative or invalid, by effect, and upon the payment of the fee reason of a defective or insufficient de- required by law (thirty dollars). scription or specification, or by reason of If his decision is adverse, afinal appeal the patentee claiming in his specification, in certain cases is allowed by law to the as his own invention, more tlian he had a Supreme Court of the District of Colum- right to claim as new, if the error has or bia. The mode of appeal from the de- shall have arisen by inadvertency, acci- oision of the office to the Supreme Court dent or mistake, and Witliont any fraudu- ofthe District of Columbia is by giving lent or deceptive intention, it shall be written notice thereof to the commis- lawful for the commissioner, upon the sioner, filing in tl.u Patent Office, within surrender to him of such patent, and the Buoh time as the commissioner shall ap- payment of the further, duty of fifteen point, reasons of appeal, and paying to [thirty] dollars, to cause a new patent to be him the sum of twenty-five dollars, issued to the said inventor for the same iu- Printed forms of notice of appeal, of the vention, for the residue of tlie period tlien reasons of appeal, and the petition, and unexpired for which the origiinil patent copies of the rules of the Supreme Court was granted, in accordance with tlie paten- of the District of Columbia will be for- tee's corrected description and Bpecilica- Warded, by the Patent Office, to the party, tion. And in coseof his deatli or any as- on request. signment by him made of iho original (A) Patents which are found to be in- patent, a similar right shall vest in his ex- valid by reason of insufficiency or defects eeutors, administrators or assignees. And in the specification, are allowed to be re- the patent so reissued, together with the issued, the error being corrected under corrected description and specifications, section IB of the act of Congress of 1S36, shall have the same effect and openition 586 ABBOTTS' TOEMS. Outh. DiBcliiuner. 1st day of March, 1850 ; that he now believes that the same is inoperative and invalid hy reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender the same, and requests that new letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith pre- sented, he having paid thirty dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. A. B. 1132. Oath to Application for a Reissue. State of , 1 [City and] County of . J ' On this day of , 18 , before the subscriber, a , personally appeared the above-named A. B., and made solemn oath [or, aflBrmation] that he verily believes that, by reason of an insufficient or defective specifi- cation, his aforesaid patent is not fully valid and available to him ; and that the said error has arisen from inadvertence, accident or mistake, and with- out any fraudulent or deceptive intention, to the best of his knowledge or ''®'^®^- [Signature of officer.] 1133. Disclaimer; By an Assignee.ij) To the commissioner of patents : The petition of A. B., of the town [or, city] of , in the county of , and State of , respectfully represents : That he has, by assignment, duly recorded in the Patent Office, become in law, on the trial of all actions here- of a rei.ssue constitutes the subject of » after commenced for causes subsequently separate specification descriptive of the accruing, as though the same had been part or parts of the invention claimed in originally filed in such corrected form, be- such division ; and the drawing may rep- fore the issuing of the original patent, resent only such part or parts. One or The general rule is, that whatever is more divisions of a reissue may be grant- really embriiced in the original invention, ed, though other divisions shall have and so described or shown that it might been postponed or rejected, have been embraced in the original patent, In all cases of applications for reissues may be the subje'ot of a reissue. the original claim is subject to re-exam- Eeissued patents expire at the same ination, and may be revised and restrict- ^ time that the original patent would have ed in the same manner as in original ap- done. Kor this reason applications for plications. But in all such cases, after reissue are acted upon in the Patent Office the action of the Patent Ofaee has been immediately after they are completed. made known to tlie applicant, if he pre- A patentee may, at his option, have in fers the patent originally granted to that his reissue a separate patent for each dis- which will be allowed by the decision of tinct part of the invention comprehended the ofice, he has the privilege of abandon- in his original application, by paying the ing the latter and retaining the old patent, required fee in each ease, and complying (i) Section 7 of the act of Oongress of with the other requirements of the law, March 8, 1837, enables a patentee, or the as in original applications. Each division executors, or administrators or assignees PATENTS. 687 Cnveat. the owner of a right for thb several States of Massachusetts, Oonneotiout and Ehode Island, to certain improvements in the steam-engine, for which letters patent of the United States were granted to M. N., of , in the State of , dated on the day of , 18 , that he has reason to believe, that, through inadvertence and mistake, the claim made in the specification of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specifica- tion, which is in the following words — to wit: "I also claim the pai'ticulnr manner in which the piston of the above-described engine is constructed so as to insure the close fitting of the packing thereof to the cylinder, as set forth" [or, otherwue state what, in the original claim, is disclaimed] ; wliich disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided. A. B. 1134. Caaeat. To the commissioner of patents : The petition of A. B., of the town [or, city] of , in the county of , and State of , respectfully" represents: That he has made certain improvements in the mode of constructing the boilers for steam-engines, and that he is now engaged in making experi- ments for the purpose of perfecting the same, preparatory to his applying for letters patent therefor. He therefore prays that the subjoined descrip- tion of his invention may be filed as a caveat in the confidential archives of the Patent OflBce, agreeably to the provisions of the act of Congress in that case made and provided; he having paid ten dollars into the treasury of the United States, and otherwise complied with the requu'ements of the said act. A. B [Date.] of a patentee, whether owning the whole by one or more witnesses, and recorded patent or a sectional interest therein, in in the Patent Office and a fee of ten dol- oase it is discovered that the original krs paid. Such disclaimer shall thereafter patentee, through inadvertence, accident be considered as part of the original speoi- or mistake, made his speciiication of claim fication, to the extent of the interest pos- too broad, claiming more than that of sessed in the patent by the dlsclaimant, which he was the original or first inventor, subsequent to the record thereof. But it some material and substantial part of the does not affect any action pending at the thing patented being truly and justly his time of its being filed, except so fur as own, to make a disclaimer of such parts may relate to the question«of unreason- of the thing patented as the dlsclaimant able neglect or delay in filing it. shall not claim to hold by virtue of the The above form may easily be modified patent or assignment, stating therein the to adapt it to the case of a disclaimer by extent of his interest in such patent. The the original patentee, disclaimer must be in writing, attested 688 ABBOTTS' FORMS. Deposition. {Annex a general description of the naturd and peculiarities of the inven ■ tion,(J) as far as it has heen perfected; also oath of inventor substantially as in Forms and , that the applicant believes himself to be the original inventor of the art, machine or improtement set forth in his caveat, and either that he is a citizen of the United States or is a native of , and has resided for the year last past within the United States, and hai ■node oath of his intention to become a citisen.l 1135. Deposition ;(Jc) To be Used in Contested Oases in the Patent O^e, In the matter of the interference of A. B. with Y. Z. M. !S'., being duly sworn, doth depose and say, in answer to interrogatories proposed to him by O. P., counsel for A. B., as follows — viz. : U) Tlie desoriptioa is not required to possess tile fulness and accuracy of a specification ; but should be as complete as tlie progress made by tlie inventor admits. It is desirable that it should be accompanied by drawings. (k) When, in anticipation of the hearing of a question of interference between two claimants to a patent for the same inven- tion, or in any other contested qnestion, before the commissioner of patents, the nature of the case demands that the testi- mony of witnesses be talien by deposition, the following rules, prescribed by the office, apply. Before the deposition of a witness or ■witnesses be taken by either party, rea- sonable notice in writing must be given to the opposite party of the time and place when and where suoli deposition or depositions will be taken, so that the opposite party, either in person or by attorney, Shall have full opportunity tO' cross-examine the witness or witnesses. No peculiarities of form in the notice are required ; it must give reasonable in- formation of what is intended. The or- dinary forms used in proceedings in courts of justice of giving notice that a deposition will be taken,' may be followed, designat- ing the proceeding in which the deposition is to be used, correctly. The notice, with a certificate duly sworn to, stating the manner and time of tlie service, must be attached to the deposition or deposi- tions, whether the party cross-examine or not ; and the notice must be given in sufficient time for the appearance of the opposite party, and for the transmission of the evidence to the Patent Office before the day of hearing. The evidence, etc., must be scaled and addressed to the commissioner of patents by tlie persons before whom it shall be taken ; and so certified thereon substan- tially as in Form 1136 in the text. No evidence touching the matter at issue will be considered upon the day of hearing which shall not have been taken and filed in compliance with these rules : Provided, That if either party is unable, for good and sufficient reasons, to procure the testimony of a witness or witnesses within the stipulated time, then it is the duty of such party to give notice of the same to the commissioner of patents, accompanied by statements, tinder oatli^ of the cause of such inability, and of thef names of sucli witnesses, and of the facts' expected to be proved by them, and of the steps which have been taken to pro- cure said testimony, and of the time or times when efforts have been made to procure it; which last-mentioned notice to the commissioner must be received by him previous to the day of hearing. The notice for taking testimony must' be served by delivering; to the adverse party a copy. If he is not found, service may be made upon his ageiit or attorney PATENTS. 5tf9 CJortificftte. 1. Interrogatoi-y. 'What is your name, your residence, and occnpation? 1. Answer. My name is M. N. ; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross-interrogatories proposed to him by Q. E., counsel for Y. Z., as follows — ^viz. : 1. Cross-interrogatory, etc. M. N. •}' 1136. Certificate to le Annexed by Magistrate. State of [City and] County of At , in said county, on the day of , a. d. 18 , before me personally appeared the above-named M. N., and made oath that the foregoing deposition, by him subscribed, contains the whole truth, and nothing but the truth. of record, or by leaving a copy at the party's usual place of residence, with some member of the family who has arrived at the years of discretion". The testimony must (if either party desires it) 'be taken in answer to inter-- rojratories — having the questions and answers committed to writing in their regular order by the magistrate, or, under liis direction, by some person not inter- ested in tlie issue, nor the agent or attor- ney of one who is. Tlie deposition, when complete, must be signed by the witness. The magistrate mustappend to the dep- osition his certificate, stating the time and place at which it was taken, the names of the witnesses, the administra- tion of the oath, at whose request the testimony was taken, the occasion upon which it is intended to be used, the names of the ad verse party (if any), and whether they were present. . No notice will be taken, at the hearing, of any merely formal or technical objec- tion, unless it may reasonably be pre- Bumed to have wrought a substantial injury to the party raising the objection ; nor even then, iinless, as soon as that party became aware of the objection, he Immediately gave notice thereof to the patent office, and also to the opposite party, in forming him at the same time that, unless corrected, he should urge his objection at the hearing. By section 1 of the act of Congress of Haroh 2, 1861, it is provided that affida- vits and depositions required in cases pending in the Patent Office, and such affidavits and depositions may be taken before any justice of the peace or other officer authorized by law to take dep- ositions to be used in the courts of the United States, or in the State courts of any State where such officer shall reside. To secure the attendance of reluctant witnesses, the same statute provides that, and in any contested case pending in the patent office, the clerk of any court of the ■United States or any district or territory, may issue subpoenas for any witnesses within the said district or territory, com- manding such, witnesses to appear and testify before any above-named officer, residing within the district or territory; if any witness, duly served with subpoena, refuses or neglects to appear, or, appear- ing, refuses to testify (not being privi- leged), any judge of the court whose clerk issued the subpoena, may proceed to enforce obedience, or to punish the dis- obedience as in case of disobedience to a suijxxna issued by a court. 'Witnesses are entitled to the same compensation as witnesses attending the courts of the United States. But no witness can be required to attend at more than forty miles from the place where he is served, nor be deemed guilty of contempt for refusing to disclose any secret invention made or owned by him: nor for disobeying a sub- poena, unless his fees are paid or tendered hina at the time of the service. •'590 ABBOTTS' POEMS. Superscription. The said deposition is taken at the request of A. B., to be used upon the hearing of an interference between the claims of the said A. B. and those of Y. Z., before the commissioner of patents of the United States, at his office, on the day of next. The said Y. Z. was duly notified, as appears by the original notice hereto annexed, and attended by Q. R., his counsel [or, but did not attend], certified by me. [Signature of officer^ [Annex notice with proo/o/ service.] 1137. Superscription to he Written on the Envelope Containing the Deposition. . I hereby certify, that the depositions of M. K, S. T., etc., relating to the matter of interference between A. B. and Y. Z., were taken, sealed Up, and addressed to the commissioner of patents, by me. [Signature of officer.] CHAPTEE LXIX. PENSIONS. Under the act of Congress approved July 14, 1862,(as) pensions are granted to the following classes of persons : 1. Invalids, disabled since March 4, 1861, in the military or naval service of the United States, in the line of duty. 3. Widows of officers, soldiers or seamen, dying of wounds received, or of disease contracted in the military or naval service, as above. 3. Children, under sixteen years of age, of such deceased persons, if there Is no widow surviving, or from the time of the widow's re-marriage. 4. Mothers of officers, soldiers or seamen, deceased as aforesaid, provided the latter have left neither widow nor children under sixteen years of age ; and provided, also, that the mother was dependent, wholly or in part, upon the de- ceased for support. 5. Sisters, under sixteen years of age, of such deceased persons, dependent Ml the latter, wholly or in part, for support, provided there are no rightful claimants of either of the three last preceding classes.. The rates of pension to the several classes and grades are distinctly set forth in the first section of the act, which is as follows : " That if any officer, non- commissioned officer, musician or private of the army, including regulars, vol- unteers and militia, or any officer, warrant or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any womid received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for-the highest rate of disability, such pension as is hereinafter pro- vided in such cases, and for an inferior disability, an amount proportionate to (o) 12 IT. S. Stat, at L., 566. PENSIONS. 591 General Pj'inoiples. tbe highest disability, to commenco as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians and privates, employed in the military service of the United States, whether regulars, volunteers or militia, and in the marine corps, shall be as follows — viz. : Lieutenant-colonel, and all officers of a higher rank, thirty dollars per month ; major, twenty-flve dollars per month ; captain, twenty dollars per month ; first^lieutenant, seventeen dol- lars per month ; second-lieutenant, fifteen dollars per month ; and non-com- missioned officers, musicians and privates, eight dollars per month. The pen- sion for total disability for officers, warrant or petty officers, and others em- ployed in the naval service of the United States, shall be as follows — viz., Captain, commander, surgeon, paymaster and chief-engineer, respectively, ranking with commander by law, lieutenant comma ading and' master com- manding, thirty dollars per month ; lieutenant, surgeon, paymaster and chief- engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month ; professor of mathematics, master, as-_ sistant surgeon, assistant paymaster and chaplain, twenty dollars per month ; first assistant engineers and pilots, fifteen dollars per month ; passed midship- man, midshipman, captain's and paymaster's clerk, second and third assistant engineer, master's mate, and all warrant officers, ten dollars per month ; all petty officers, and all other persons before named employed in the naval ser- vice, eight dollars per month ; and all commissioned officers, of either service, shall receive such and only such pensions as is herein provided for the rank in which they hold commissions." Only one full pension in any case will be allowed to the relatives of a de- ceased officer, soldier or seaman, and in order of precedence as set forth above. When more than one minor child or orphan sister thus becomes entitled to pension, the same must be divided equally between them. Invalid pensions, under this law, will commence from the date of the pen- sioner's discharge from service, provided application is made within one year thereafter. If the claim is not made until a later date, the pension will com- mence from the time of the application. Pensions of widows and minors vrill commence from the death of the officer, soldier or seaman, on whose service the claim is based. Army Pensions. — Declarations (including evidence of identity) are required to be made before a court of record, or betbre some officer of such court duly authorized to administer oaths, and having custody of its seal. Testimony other than that indicated above, may be taken before a justice of the peace, or other officer having like authority to administer oaths, hut in no case will any evidence be received that is verified before an officer who is concerned in prosecuting the claim, or has a manifest interest therein. The forms below numbered, respectively, 1138 to 1143 , will guide applicants for pensions, of the army branch, in the several classes. Tha instructions here given are those issued by Government. In support of the allegations made in the claimant's declaration, testimony will be required in accordance with the following rules : 1 . The claimant's identity must be proved by two witnesses, certified by a judicial officer to be respectable and credible, who are present and witness the signature of the declarant, and who state, upon oath or affirmation, their belief, either from personal acquaintance or for other reasons given, that he or she is the identical person he or she represents himself or herself to be. 3. Every applicant for an invalid pension must, if in his power, produce the certificate of the captain, or of some other commissioned officer under whom he served, distinctly stating the time and place of the said applicant's having been wounded or otherwise disabled, and the nature of the disability ; and that the said disability arose while he was in the service of the United States and in the line of his duty. 3. If it be impracticable to obtain such certificate, by reason of the death or removal of said officers, it must be so stated under oath by the applicant, and 592 ABBOTTS' FORMS. Pension Laws. hia averment of the fact proved *by persons of known respectability, Tirho must state particularly all the knowledge they may possess in relation to such death or removal ; then secondary evidence can be received. In such case, the ap- plicant must produce the testimony of at least two credible witnesses (who were in a condition to know the facts about which they testify), whose good character must be vouched for by a judicial oflScer, or by some one known to the department. The witnesses must give a minute narrative of the facts in relation to the matter, and must show how they obtained a knowledge of the facts to which they testify. 4. The usual certificate of disability for discharge should show the origin, character and degree of the claimant's disability ; but when that is wanting or defective, the applicant will be required to be examined by some surgeon reg- ularly appointed, unless clearly impracticable. .5. The habits of the applicant, and his occupation since he left the serviee, should be shown by at least two credible witnesses. If the applicant claims a pension as the widow of a deceased officer or soldier, • she must prove the legality of her marriage, the death of her husband, and that she is still a widow. She must also furnish the names and ages of the decedent's children under sixteen years of age at her husband's decease, and the place of their residence. On a subsequent marriage her pension vrfll cease, and the minor child or children of the deceased officer or soldier, if any be living, under the age of sixteen years, will be entitled to the same in her stead, from the date of such marriage, on the requisite proof, under a new declaration. Proof of the marriage of the parents and of the age of claimant? will be re- quired in aU applications in behalf of minor children. The legality of the marriage, in either case, may be ascertained by the certificate of the clergyman who joined them in wedlock, or by the testimony of respectable persons having knowledge of the fact, in default of record evidence, which last must always, be furnished, or its absence shown. The ages and number of children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons having knowledge of them, or by transcripts fi-om the parish or town registers duly authenticated. A mother, to be entitled to a pension, as having been wholly or partly de- pendent on a deceased officer or soldier, must prove that the latter contributed to her support for a certain period, showing specifically in what manner and to what extent. If the claimant be a dependent sister, like proof vrill be required of the mar- riage of her parents, and of her relationship to the deceased. Guardians of minor claimants must, in aU cases, produce evidence of their authority as such, under the seal of the court from which their appointment is obtsined. Applicants of the last four classes enumerated at the head of this chapter, who have in any manner aided or abetted the rebellion against the United States Government, are not entitled to the benefits of this act. Invalid applicants who are minors may apply in their own behalf, vrithout the intervention of a guardian. Attorneys for claimants must have proper authority from those in whose be. half they appear. Powers of attorney must be signed in the presence of two vritnesses, and acknowledged before a duly qualified officer, whose official char- acter must be certified under seal. In all cases the post-office address of the claimant must be distinctly stated, over his or her proper signature. • Applications under this act will be numbered and acknowledged, to be acted on in their turn. In filing additional evidence, correspondents should always give the number of the claim as well as the name of the claimant. I. Abmt pensions. fage 1138. Invalid's application for pension 598 11 39. Widow's application 594 1140. Guardian's application on behalf of minor children 595 PENSIONS. 593 Army Pensions. , fAGB 1141. Mother's application 595 1142. Gnardian'a application on behalf of orphan sisters 596 II. Navy pensions and peizk-monet. 1148. Invalid's application for pension 537 1 144. Widow's application 597 1145. Guardian's application on behalf of minor children 597 1146. Mother's application 598 1147. Guardian's application on behalf of orphan sisters 598 1148. Application for prize-money 598 I. Aemt Pbktsions. 1138. Invalid's Ap2}lication for Army Pension. State of [or, District, or, Territory, designating ) County of where the application is sworn to.] ) **' On' this day of i 18 > personally appeared before me, a [here give name and title of officer duly authorized to administer oaths'], within and for the county and State afoiesaid, A. B., a resident of , in the county of , and State of , aged years, who, being first duly sworn, according to law, * declares that he is the identical A. B. who enlisted in the service of the United States at , in the State of , on the day of , 18 , as a [here designate ranJc — e. g., private, or, corporal], in company [designating it hy its letter], commanded by [here give name of captain], in the Regiment of [here name State] volunteers, cavalry [or, infantry, or, artillery], in the war of 1861, and was honorably discharged on the day of , 18 . t That while in the service aforesaid, and in the line of his duty, on or about the day of , in the year of our Lord 18 , he received the following wound [or other dis- ability, as thf ease may ie ; and here give ti.particular and minute account of the wound or other injury, and state how, when and wnere it occurred, where the applicant has resided since leaving the service, and what has heen his occupation]. He makes this application for a pension, provided by the act of Congress apprQved July 14, 1862 [and hereby appoints J. K., of , his lawful attorney, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or c^*rtificates that may be issued in satisfaction thereof.](J) My post-office addi-ess is as follows [stating it]. [Signature of claimant.] Amo personally appeared before me, M. N. and O. P., residents of , in the county of , and State of , to me well known as credible persons, who, being duly sworn, declare that they were present and saw said A. B. sign his name [or, make his mark] to the foregoing declaration, and that they believe, from the appearance of the applicant and their ac- quaintance with him, that lie is the identical person he represents himself to be, and that his character and habits are good, and that his occupation (A) This clause, appointing an attorney, is not essential. 38 394 ABBOTTS' POEMS. Applications for Pensions. is that of a , and they ftirther state tba^they have no interest in tlio prosecution of this claim. [Signatwes of witnesses.-] S-vroEN to and subscribed before me, this day of » 18 j and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. ra- ^ ^ • < * t r^j3 ■ 7 7 -^ T [Signature of magistrate.} [Official seal, %f any l\ ° 1139. Widowh Application for Army Pension. [As in preceding form to the*, continuing thus:} doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, approved July 14, 1862, granting pensions : That she is the widow of 0. B., late of the county of , and State of , who was a [here designate rank — e. g., corporal, or, private] in Company [letter of oompan/y], commanded by [here give name of captain], in the Eegiment of [here name State} volunteers, cavalry [or, infantry, or, artillery], mustered into the service of the United States from the State of , in the war of 1861, and who died [or, was killed] at [here specify the cause of death], OVL^Q day of ,18 , as this deponent verily believes. She further declares that she was lawfully married to the said 0. B., at , in the State of [by M. N., a clergyman, or other authorized functionary, on the day of ,18]; that her husband, the aforesaid 0. B., died on the day above mentioned, as she verily believes, and she remained his faithful wife until his decease. She further declares that she has remained his widow ever since the death of her said husband [until the day of , when she married again her present husband, being of , aU of whi'ih will i^ore fully appear by reference to the proof hereto annexed], t She further declares that she had, by said deceased husband, child now living, under the age of sixteen years, named, aged and residing as follows : , and that she has not, in any manner, been engaged in, or aided or abetted, the rebellion in the United States, and that her maiden name was [and she hereby appoints J. K., of , her lawful attorney, to procure for her the pension mentioned in the above application, and to receive and receipt for any cer- tificate which may issue in her favor in connection with the same, hereby ratifying and confirming whatever her said attorney may do in the premises].(c) My post-ofBce address is [stating ii\. [Signature of claimant.} Also personally appeared M. N. and 0. P., residents of , in the county of , and State of , persons whom I certify to be respect- able and entitled to credit, and who, being by me duly sworn, say that they were present and saw A. B. sign her name [or, make her mark] to the fore- going declaration ; and they further swear that they have known the parties above described to have lived together as husband and wife for years previous to and up to the time of deceased going into the aforesaid service of the United States, and they have every reason to believe, from the ap- («) See preceding note. PENSIONS. ^95 Application by Guardian. pearance of tlie applicant, and their acquaintance with her, that she is the identical person she represents herself to be, and ftiat they have no interest in the prosecution of this claim. SwoBN to [etc., as in preceding form]. [Signatures of witnesses.] 1140. Quardian^s Application on Belialf of Minor Children, for Army Pension. [As in Form 1138 to the *, continuing thus:] makes the following declaration, as guardian of the minor child of 0. B. deceased, in order to obtain for the benefit of the act of Congress approved July 14, 1862, granting pensions to minor children under sixteen years of age, ot deceased officers and soldiers. That he is the guardian of [naming the minor child or children, his ward or wards], whose father was a [h^re desig- nate rank — e. g., corporal, or, private], in Company [letter of company], commanded by [here give name of captain^, of the Regiment of [here designate State] volunteers, infantry [or, cavalry, or, artillery], in the war of 1861, t who died [or, was kiUed] at in the State of , on or about the day of [here state the cause of death], while in the ser- vice aforesaid. That M. B., the mother of said child, was married to said [name the soldier], deceased, at , in the county of , and State of [hy M. N., a clergyman, or other authorized functionary], on or about the day of > 18 ; and that she died on or about the day of , 18 ; and that he knows of no record evidence of said mar- riage [or if (my, refer to it], and that § his said ward is not in the receipt of any pension under said act, or any other act [and he hereby appoints J. K., of , his lawful attorney, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or certificates that may be issued in satisfaction thereof ].(euds in each case upon its own peculiar circumstances. The death of an attorney authorized to appoint an attorney under him, and to revoke such appointment at his pleasure, necessarily revokes the power of a substitute so appointed. Powers of attorney are usually under seal. If the power is to convey land (a) 1 Bev. Stat., 785 ; § 112. 606 ABBOTTS' FORMS. Powers of AttoTney. or do any otlier act requiring the execution of an instrument under seal, the power must be executed and attested with the same formalities which the law requires in the execution of the principal instrument, such as acknowledgment, record, etc. The attorney, in a siiliple power of attorney, must act, not in his own name, but in the name of his constituent ; and hence, if it is to execute a deed, the con- stituent, not the attorney, should be named as the grantor ; and the attorney should sign the constituent's name, adding his own — ^thus, A. B. by C. D., his attorney. FAOE 1163. Short foriL 60(> 1164. General fonn, with power of substitution and revocation 606 1165. Power to collect debts 607 1166. Power to collect rents 607 1167. Power to receive dividends, etc 607 1168. Power to receive a legacy 607 1189. Power to transfer stool£ 608 1170. Power to sell vessel 608 1171. Power to manage real property 608 1172. Power to sell and convey land 608 1173. Power to mortgage land 609 1174. Power to renew lease and sell the term 609 1175. Power to make partition 609 1176. Power to efifeot insurance ; 610 1177. Power to carry on business 610 1178. Another form 610 1179. The same; a fuller form 611 1180. Power to collect army or navy claim 612 1181. General custom-house power 618 1182. Special custom-house power 618 1183. Confirmation of attorney's act 614 1184. Power to several, to act together, or either one separately 614 1185. Power to several jointly 614 1186. A power of attorney to two persons ; but in case of the death, absence or refusal of both or either, then to another alone, or with either of them that will act 614 1187. Substitution of attorney 615 1188. Eevooation of power of attorney 615 1168. Short Form. Know ail men by these presents, that I, A. B., of the town of , in the county of , and State of , do hereby make, constitute and appoint Y. Z., of the town of , in the county of , and State of , my true, suflBcient and lawful attorney, for me and in my name to {here state subject-matter of power ; see forms lelow], and to do and per- form all necessary acts in the' execution and prosecution of the aforesaid business in as fall and ample a manner as I might do if I were personally present. In witness {etc., as in following form], 1164 General Form, With Power of Substitution and Sevocation. Know am. men by these presents, that I, A. B., of , in the county of , and State of , have made, constituted and appointed, and POWERS OF ATTORNEY. 607 ■ ' » Special Authority. by these presents do make, constitute and appoint, Y. Z., of , my true and lawful attorney, for me, and in my name, place and stead, and to my use * [here state the suhject-matter of the power ; ue forms helow], giving t my " said attorney full power to do every thing whatsoever, requisite and neces- sary to he done in the premises, as fully as I could do if personally present, with full power of substitution and revocation, hereby ratifying and con- firming all that my said attorney, or his substitute, shall lawfully do, or cause to be done, by virtue hereof. Ik witness whereof, I have hereunto set my hand and seal, the day of , in the year one thousand eight hundred and Signed, sealed and delivered) [Signature of constituent.] in presence of ) [Signature of witness.] 1165. Power to Collect Detts. [As in either preceding form., inserting at the * the following :] to ask, demand, sue for, collect, receive and ^ve acquittance for all sums of money, debts and demands whatsoever, which are or shall be due, owing and be- longing, to me, or detained from me, by 0. D., of , his heirs, executors and administrators, or any of them [or, by any person or persons residing or being in ]. 1166. Power to Collect Rents. [As in Form 1163 or 1164, inserting at the* the folloicing :] to ask, demand, distrain for, collect and receive, aU such rents, and arrears of rent, as now are or may hereafter be due, or owing to me, from , of , or any of them, as tenants or occupants of any lands, tenements or heredita- ments, belonging to or claimed by me, situate in , in the State of , or .which may be due from, or payable by, any other person or persons whomsoever, as tenants, occupiers, lessees or assignees of any term or terms, of such lands, tenements or hereditaments, or any pnrt of them ; and upon receipt thereof, to give proper acquittances and discharges thereof. 1167. Power to Receive Bimdends, etc. [As in Form 1163 or 1164, inserting at the * the fqlloioing :] to receive the dividends which are or shall be payable, on all the stock standing in my name on the books of the treasniy of the United States [or, on the books of the Bank of , as the case may he], and give receipt therefor. 1168. Power to Receive a Legacy. Know jll men by these presents, that whereas M. K, late of , de- ceased, by his last will and testament did give and bequeath unto me, A. B., Ot , a legacy of dollars, to be paid unto me on , of which said will, E. E., of , and G. H., of , are joint executors, as by the said will appears: Now know ye, that I, the said A. B., have made, constituted and appointed, and by these presents do make, constitute and appoint Y. Z., of , my true and lawful attorney, for me and in thy 608 ABBOTTS' POEMS. Powere of Attorney. name, and for my use and benefit, to ask, demand and receive, of and from the said E. F. and G. H., the legacy given and bequeathed unto me, the said - A. B.., by the said will of the said M. N., as aforesaid ; and upon receijjt thereof by, or payment thereof to my said attorney, to give a generiil release or discharge for the same; giving Icontinue as in Form 1164 from the t to the end]. 1169. Power to Transfer Stoeh. [As in Form 1163 or 1164, inserting at the * the following :] to sell, transfer and assign, all stock [or, shares of stock] of the Company standing in my name on the books of the said company.- 1170. Power to Sell Vessel. Know ali. mbn by these presents, that we, A. B. (|ths), and 0. D. (jths), owners of bark Mary, of , have made, constituted and ap- pointed, and by these presents do make, constitute and appoint T. Z., of , our true and lawfnl attorney for us, and in our names, places and stead, to sell, convey and transfer our, and each of our aforesaid interests in said bark Mary, her taoMe, apparel and furniture, to any person or per- sons, and for such sum or sums of money as he may deem proper, and to execute and deliver to the purchaser, in our and each of our names, good and sufficient bill or bills of sale, or other instrument of conveyance there- for, and to receive the purchase-money therefor, to our use, giving Icontinw as in Form IWifrom thei to the end]. 11 Yl. Power to Manage Seal Property. [As in Form 1163 or 1164, inserting at the* the following :] To exercise the general control and supervision over all my lands, tenements and here- ditaments, in the county of ; to prevent, by all lawful means, the commission of any trespass or waste, or other injury thereupon ; and, at my expense, and under the advice of my counsel, M. N., Esq., of [or such other counsel as my said attorney may employ], to sue for protection against any such injury, and to collect, recover and receive, and compound for, any damages which may accrue by means of the commission of any trespass or waste upon the said lands, tenements and hereditaments, or any part thereof, by any person whomsoever. 1172. Power to Sell and Convey Zand. [As in Form 1163 or 1164, inserting at the* the following:] To grant, bargain and sell(5) , or any part thereof, for such price, and on such (S) A power to Bell and convey does not v. Servoss, 8 Barh., 128 ; Cnmming i>. in itself confer a power to mortgage. 'Williamson, 1 Sandf. Gh., 17; Albany There is a substantial diiferenoe between Fire Ins. Co. «. Bay, 4 N. T. (4 Comet.), raising money by mortgage and sale ; and 9. Nor does such a power authorize one a power to raise it by one of these meth'od s to license cutting timber, etc. Hubbard v. merely, puts a negative on the other. Elmer, 7 Wend., 446. Bloomer v. Waldron, 3 Hill, 861 ; Coutant POWERS OF ATTOEKEY. 609 Special Authority. terms, as to him shall seem meet,( 1 Sev. Stat, of N. T., 517. 620 ABBOTTS' FORMS. Proceedings to Lay Out Private Eoiid. 1192. Application for a Private Road. \As in Form 874 to the*, continuing thm:'\ lay out a private road for my use, commencing [here ins&rt a description of the road applied for}, passing through the lands of . [Signature.'] [Date.] 1193. Notice to he Given by the Commissioners to the Owner of Zand Through which the Road is to Run. To : Please take notice, that on the day of i 18 , at o'clock In the noon, at the house of in , a jury will he selected for the purpose of determining upon the necessity of the road asked for in the application of which a copy is annexed ; and to assess the damages by reason' of opening the same. [Signatures of] Commissioners. [Date.] [Summons to the jurors, and their oath, may lefra/med with slight altera- tion from Form 896 and 881 respectively.] 1194. Certificate of Necessity, [As in Form 882, substituting the words, "private road" for "highway," wherever it occurs, and adding at the end .•] for the use of said A. B. ; and we hereby assess the damages to be paid by him to [owner of land], at dollars. 1195. Order by the Commissioners Laying Out a Road through Improved Land. [As in Form 875 to the *, continuing thus :] upon the application of A. B., a resident in said town, and liable to be assessed to work on the highways therein, for the laying out of the private road hereafter described, and on the certificate of twelve reputable freeholders of said town, convened and duly sworn, after due notice to the owner of the lands through which such road is to pass, as required by the statute, certifying that such way is necessary, it is oedeeed, determined and certified that a private way shall be, and the same hereby is laid out pursuant to said application for the use of said A. B., whereof a survey ha%been made, and is as follows [designat- ing it as in Form 875]. Witness their names, this day of , 18 . [Signatures of] Commissioners. PROMISSORY NOTES. 621 General Principles. CHAPTBE LXXV. PROMISSORY NOTES. A Phomissobt Note is a promise in writing to pay -i o a specified person, a certain sum of money, and money only, ■witliout condition or contingency. A note payable to one or the other of two persons designated in the alterna^ tive, or payable out of a particular fund, or upon an uncertain event, or for pay- ment of an unliquidated amount, or for performance of any other act, has not the qualities of a promissory note. A negotiable note is one which is by its terms either payable to the order of any person, or to the bearer or holder of it, whoever he may be. A sealed note is not barred by the Statute of Limitations until the lapse of twenty years ; and an indorsement of a sealed note gives the holder nothing more than an equitable ownership, subject to all existing claims and defences by the maker. A note payable on demand is payable immediately, if the creditor choose to enforce it ; and whether he make demand or not, the Statute of Limitations begins to run against it from its date ; but he is not bound to make immediate demand in order to charge indorsers. Where a note is to be on interest, it should be so specified in the note by in serting the words " vrith interest," or " with use," else the note will not draw interest exceirt from maturity. Where the rate of interest is not specified in the note, and it is made payable with interest, if not made payable at a par- ticular place, it draws the rate of interest fixed by law in the State in which it is made ; but if it is made in one State to be paid in another, it draws interest at the rate in the State where it is made payable. A note payable on demand, but not specifying interest, bears interest only from the time of demand. Indorsement. — If the payee or holder of a note writes his name upon the back of it, and transfers it to another person, he becomes an indorser, and the person thus taking the note is termed the indorsee. An indorsee may in turn become indorser, by transferring it in the same way. The person who, at any given time, has the right to the note, is termed the holder. An indorsement in blank is where the indorser writes his name only on the back of the note. An indorsement in fuU is where the person to whom the note is indorsed is named. Indorsement is an agreement to pay in default of payment by the maker, on the usual conditions of demand and notice. If the indorser wishes to transfer the note without making himself liable, he should write before his name the words " without recourse ;" or, if he indorses merely as agent to transfer the nominal title, add the word " agent" to his signature. PAGK 1196. Negotiable prcmissoiy note 621 1197. Non-negotiable note 632 1198. Stock note 62a 1196. NegQtiable Promkbory Note. $1,000. New Yoek, January 1, 186B. Siyty days after date [or, on the day of , 18 , or, on demand], I promise \or, we promise — or, we jointly aad severally promise] to pay to 622 ABBOTTS' FORMS. Protests. A. B. or order [or, to A. B. or bearer], one thousand dollars [-witla interest], for value receiyed. [Signature ofmaher.'] 1197. Non-negotiable Note. $1,000. New York, January 1, 1861. Sixty days after date [or otherwise, as above], I promise to pay to A. B. one thousand dollars, for value received [with interest]. [Signatv/re ofmaJser.] [Indorsements as in forms on page 160.] 1198. Stock Note. ''As in Form 1196, adding at the end .•] having deposited with him, as col- lateral security, with authority to sell the same at public or private sale, on tlic non-performance of this promise and without notice [here designate the collaterals]. [Signature ofmaher.] CHAPTEE LXXVI. PROTESTS. A PROTEST is a notarial act, done to furnish convenient evidence, in com- mercial affairs. A protest of a bUl or note is made by the notary taking it to the place for presentment, and demanding acceptance or payment according to the case, and declaring and certifying default. He then gives notice to the indorsers (and other parties, if any, who may be charged upon the bill), either directly, or through the holder of the paper, who in turn will notify them. Ma/rine protests are dedarations of the master, etc., of a vessel, authenticated by a notary, setting forth a disaster and its causes. This is to be first made within twenty-four hours of arrival, and is entered by the notary in his rec- ords ; and a more extended statement may be afterwards made before him or another notary. I. PbOTESIS Off BILLS AND NOTES. PAGE 1199. Certificate of protest 623 1200. Certificate of service of notice 623 1201. Certificate of protest ; when the maker, etc., cannot be foand .... 624 1202. Notice of protest of note 624 1 203. Notice of protest of bill for non-acceptance 624 1204. Notice of protest for non-payment 624 II. Mabinb Protests. 1205. Notation of protest •. . 625 1206. Protest extended before the same notary 625 1207. Protest extended before another notary 626 PROTESTS. 623 Bills and Notes. I. Photests of Bills and Notes. 1199. Certificate of Protest. [44 the head of the paper attach the bill or note, with a wafer or gum.] United States op Amebioa, > State of , County of On tlie day of ,18 ,(a) at the request of [here name holder], I, M. K, a notary public of the State of , duly commissioned and sworn, * did pre6ent(i) the original bill of exchange [or, promissory note] hereunto annexed, to T. Z., the maker [or, the drawee — or, the acceptor](c), at [here state the place of demand](d), and demanded payment [or, acceptance], who refused to pay [or, accept] the same. Whereupon * I, the said notary, at the request aforesaid, did protest, and by these presents do piibholy am. solemnly protest, as well against the drawer and indorsers of the said bil. [or, note] as against all others whom it doth or may concern, for exchange, re-exchange and all costs, damages and interest already incurred, and to be hereafter incoi-red, for want of payment [or, acceptance] of the same. Thus done and protested in -the city of aforesaid, in [Official the presence of John Doe and Richard Eoe, witnesses. seal.] In testimonium veritatis. [Signature of] Notary Public. 1200. Oertificate of Service of Notiee.^e) United States of Amebioa, ^ State of New York, C City and County of New York. ) I, M. N., a notary public of the State of New York, duly commissioned and sworn, do hereby certify, that on the day of , 18 , due notice cf the protest of the before-mentioned bill [or, note] was served upon 0. D. personally, and upoa E. F. by putting the same into the post-office directed to him at , and upon G. H. by putting the same into the post-office directed to him at , each of the said places being the reputed residence (a) The hour of the presentment need of the firm, it should name the one, imd not be stated. It will be presumed that describe him as such — «. y,,thus, "to Y. it was at a seasonable hour. Cayuga Z., one of the firm of Y. Z. & Co., tlio County Bank v. Hunt, 2 Bill, 635; De makers." Otsego County Bunk v. War- Wolf d. Murray, 2 Sandf., 166. ren, 18 Barb., 290. (5) The certificate must show that the (d) Tlio place should be distinctly notary himself presented the bill or note, stated. If the note is payable nt a bank. Stating that h« caused it to be presented it is not enough to state a demand on the is not enough. Warwick s. Crane, 4 cashier of the bank, without saying whore. Den., 460. («) This form of certifying service is (c) If they are a firm, the certificate sustained by Seneca County Bunk v. Bhould either state a presentment to the Neass, 5 Den., 320; 3 A^ Y. {Cunat.), firm, or; if it state a pres"ntment to onu 442. 624: ABBOTTS' FORMS. Protests for Non-payment, etc. of the person to whom the notice was directed, and the post-offlce nearest thereto, and each of said notices being mailed at and postage prepaid. [SignaPure and title.] 1201. Oertjfieate of Protest ; When the Maker, eta., Cannot Be Found. [As in Form 1199, inserting some such statement as the following in lieu of the words between the * * .•] did present the original hereunto an- nexed, at , at the place of business of E. F., the acceptor [or, maker' of the said , he being absent therefrom [or, at the dwelling-house of E. F., etc., his place of business being closed, and he being absent from bis said dwelling-house], and demanded payment of the same, which was re- fused [or, did make diligent inquiry for the said E. F., and his place of busi- ness, or dwelling-house, in the said town of , where the said was made payable [or, purported to be drawn], but was unable to find the said E. F., or his place of business, or dwelling-house, in said , in order demand payment of the said . Whereupon, etc. 1202. Notice of Protest of Note.if) To Messrs. W. S. and D. H. S. : Please take notice, that a promissory note made by S. H., treasurer, for dollai's, dated ,18 , payable months from, date, in favor of yourselves, and indorsed by you, has been presented by me to the office of the said treasurer, at , and payment being duly demanded, was refused, whereupon, by direction of the holder, the same has been protested, and payment thereof is requested of you. [Signature of] Kotary Public. 1203. Notice of Protest of Bill for Non-dcceptance.{g) To Mr. A. B. : Please take notice, that your bill for dollars, at days from sight, dated , drawn on 0. D., has this day been protested for non-accept- ance. [Signature of] Notary Public. [Date.] 1204. Notice of Protest for Nonpayment. To Mr. A. B. : Please take notice, that your bill for dollars, at days from sight, dated , drawn on and accepted by 0. D., has this day been protested (/) This form is sustained by Hodges which it refers, and will, in addition, im- 1. Shuler, 22 N. T., lU. port that the bill has been dishonored ; No precise form of words, and no par- and it is usual also to inform the party ticular manner, is necessary to be used in notified that he is looked to for payment, giving the drawers notice of dishonor; {g) This form is sustained by Cowper- but the note or bill should be described thwaite v. Sheffield, 1 Sandf., 416 ; Cayuga in the notice with such distinctness and County Bank s. Warden, liK I^. (Coms^.), certainty as will enable the party notified 413 ; Cook v. Litchfield, 9 iK T.{a Seld.), to ascertain from it the particular bill to 279. , PROTESTS. 625 Marine Protests. State of County of for non-payment [or, that the bill of A. B. for dollai's, at days from sight, dated , drawn on and accepted by 0. D., and indorsed by you, or by you and by E. E., has this day been protested for non-payment]. [Date.] • [Signature of] Notary Public. n. Maeinb Pbotbstb. 1205. Notation of Protest. By this public instrument be it known, unto all whom it may concern, that on this day of , 18 , before me, A. B., a public notary in and for the State of , by letters patent under the great seal of the State, duly commissioned and sworn, and dwelling in the city of , personally came 0. D., master of the ship called the Mary, of , of the burden of tons or thereabouts, now lying in the port of , and said that he sailed in and with the said vessel on the day of last, from the port of , with a cargo of bound to the port of Having, in the due prosecution of the said voyage [here state briefly any ac- cident that may have occurred, or the cause of putting into port], he now enters with me, the said notary, in due form of law, his protest, to serve as occasion may require, reserving to himself the right to extend the same in time and place convenient. In" testimony whereof, the said master has hereunto sub- [Seal.] scribed his name, and I, the said notary, have to these pres- ents set my hand and seal of office, the day of the date first above written. [Signature of] Master. [Signature of] Notary Public. 1206. Protest: Extended Before the Same Notary. By this public instrument of protest, be it known to aU to whom these presents shall come, that on this day of , in the year of our Lord one thousand eight hundred and , before me, A. B., a public notary in and for the State of , by letters patent under the great seal of the State, duly commissioned and sworn, personally appeared 0. D., master, E. F., first mate [etc., etc.] of the late brig Mary, of , of the burden of tons, or thereabouts, who, being by me duly sworn, severally declared on oath (protest having been duly noted before me on arrival) that * [here set forth the facts in detaiF}. And that any loss, damage or injury, which has arisen or accrued, or that may arise or be sustained in any manner whatever, is solely owing to the accidents and difficulties herein set forth and declared, and not to any negli- gence, want of skill, vigilance or exertion on the part of the deponents, or any of the officers or men of the said ship. Wherefore, the said A. B., master and commander as aforesaid, hatli re quested me to protest, and I, the said notary, at such, his request, have pro- 40 626 ABBOTTS' FORMS. Marine Protests. tested, and by these protests do publicly and solemnly protest against all and every person and persons whom it doth, shall or may concern, and against all and singular, the accidents, casualties and circumstances already set forth in the foregoing declaration, on oath, for all manner of losses, costs, damages, charges, expenses and injuries ■whatsoever, which the said ship and her cargo on board, and the freight by her earned, or to be earned, or either of them, or any part thereof, have already sustained, or may here- after sustain, by reason or means of the foregoing premises Thus doke and pbotested, in the city of , this day of , in the year of our Lord one thousand eight hundred {Seal] and In testimony wheebof, I have hereunto set my hand and affixed my notarial seal. [Signature of] Notary Public. [Signatures of deponents.'] OOUNTT OF , ss. I, A. B., a public notary, in and for said county, duly commissioned and sworn, dwelling in said , do certify the foregoing to be a true and exact copy of an original protest on record in my ofBce. In testimony wheeeof, I hereunto set my hand and notarial [Seal.] seal, this day of , one thousand eight hundred and . [Signature of] Notary Public. 1207. Protest: Extended Before Another Notary. By this public instrument of protest, be it known to aU whom it may concern, that on the day of , in the year of our Lord one thou- sand eight hundred and , before M. N., a notary public, of , personally appeared 0. D., master of the ship Mary, of , of the burden of about tons, and noted with him in due time, and in due form of law, his protest, for the uses and purposes hereinafter mentioned. And now, on this day of , in the year , before me, A. B., a notary public, in and for the county of , in the State of , duly commissioned and sworn, and residing in the city of , and Stale aforesaid, comes the said 0. D., and requires me to extend his said protect, and together with him come and appear [naming them] of said vessel, all of whom being by me duly sworn, severally declared on oath that [continuing as in preceding form^ from the*]. RECEIPTS. 627 Definition. Effect of. CHAPTER LXXVII RECEIPTS. A KECEIPT is a written acknowledgment of a delivery, either of money or of other property. It is executed by the party who receives the thing delivered, and operates against him as his admission of the fact, which he will not be allowed, in a court of justice, to contradict without showing some adequate reason. Receipts may occur as clauses inserted in the irame of instruments having an independent character ; as in a deed, in a bill of lading. In this chapter is only considered the form of drawing a receipt when it is to be given separately. A receipt which contains nothing but a simple acknowledgment that a pay- ment of money or delivery of property has been made, without any special clauses, and without a seal, is not treated in law as of very binding o)r conclusive effect. It is merely presumptive evidence of the fact admitted. It is in general ofien to explanation. The rule which applies to written agree- ments, that they cannot be varied by parol evidence, does not apply to such a receipt ; but the party may show the circumstances under which it was given, and may avoid its effect not only by showing that he was led to give it by fraud, or by some serious mistake, but generally by any clear proof that the money receipted for was not actually paid.(. v. Lewis, 8 Johns., 389; Van Eenasolaer Hayden, 7 (few., 884; McCrea t). Purmort, v. Morris, 1 Paige, 13; Union Bank v. 16 Weni., 460; Eollins «. Dyer, 16 Me., SoUee, Z Strohh., ?90. 475 ; Humphries v. MoOraw, 5 Pet., 61 ; (6) Eountree v. Ja6qb, 2 Taunt., 141 ; Stackpole ». Arnold, 11 Ma»e., 27; Johnson Spiers «. Clay, 2 Sawke., 22. V. Johnson, /*., 363 ; Weed o. Snow, 8 (o) Hillyer v. Vanghan, J. J. Marsh., McLean,, 265; Byrne «. Schwing, 6 £. 583; Egglestonu.jCniokerbooker, 6^a;'J., Monr., 199 ; Murray v. Governeur, 2 68 ; Paige ». Perno, 10 Vt., 491 ; Keid v. Johns. Gas., 438 ; Farrar «. Hutchinson, Eeid, 2 Dev. L. R., 247. 1 Per. & D., 487 ; Skaife ». Jackson, 3 (rf) Ennie «. Gilbert, Wright, 464 , Ba/rn. & G., 421 ; House v. Low, 2 Johns., Bailey «?. Day, 26 Me., 88 ; Palmerston r 378; Johnson v. Weed, 9 Johns., 310; v. Huxton, 4 Den., 166; Thompson v. Pettus V. Eoberts, 6 Ala., 811 ; Giddings Faussat, Pet. G. G., 182; Bristow ». East- ». MuDson, 4 F«., 308 ; Beebee v. Moore, man, 1 Esp., 178; AIner «. George, 1 8 McLean, 387; Hogan ». Eeynolds, 8 Gampb., 892; Eve o, Mosoly, 2 Sirobh.. 62§ ABBOTTS' FOEMS. Analysis. Whenever an innocent person lias acted upon faith reposed in a receipt, in sucli a way that he would be injured by allowing it to be falsified, the rule which permits it to be explained away by parol evidence does not apply as against him. 'I. General KE0EIFT8. page 1208. General receipt for money 628 1 209. For chattels 628 1210. For papers 628 1211. Eeceipt for money paid by a third person 629 1212. Eeceipt for money on behalf of a third person 629 1213. Form for indorsing a receipt on a written instrument 629 II. Eeoeipts fob paetiotilab objects. 1214. Eeceipt on account generally 629 1215. Eeceipt for a quarter's rent 629 1216. For interest on a bond 629 1217. For part of the principal of a bond 629 1218. For payment for professional services 629 1219. For money to be paid over 630 1220. For money to be disbursed 630 1221. For money to be repaid i 630 1222. For papers to be safely kept and restored 630 III. Eeoeipts in pull. , 1223. In full of a particular demand 630 1224. In full- of all demands 631 1208. General Receipt for Money, $ . Eeceived from T. Z. the sum of idollars. \Date:\ A, B, 1209. For GTiatteh. Eeceived from Y. Z. one cart, one wagon, one plough, one harrow, one black horse five years old, known as Jack, and a yoke of oxen, heretofore kept by said T. Z., on his farm in . A. B. iDate.l 1210. For Papers. I hereby acknowledge that I have received from T. Z. the several notes [or, deeds, or, contracts], and other papers, which are enumerated and described in the schedule annexed. A. B. \I)ate.\ [Annex list, identifying papers ty dates, parties' names, etc.] ■ 203 ; Holbrook «. Blodget, 5 Vt., 620 ; 219 ; Lessions v. Gilbert, Brayt., 75 ; Cunningham «. Batchelder, 82 Me., 316 ; , Benson -:;. Bennet, 1 Oampb., 394, n. ; Thomas «. Austin, 4 Barb., 265 ; Patter- Snyder s. Findley, Coxe, 48 ; Middleditch* son ». Atoheson, 1 Edw. Oh., 101, and 2 v. Sharland, 5 Vee. jr., 87 ; McDowell v. /S., 427 ; Derrickson ». Morris, 2 ^ajrmy, Lenaitre, 2 MoOord, 320; Lawrence v. 392 ; Trisler «j.Williarason, 4 Ear. db Mcff., Schuylkill Nav. 6o., 4 Wash., 562. REOEIFi'H. 629 Kecelpts for iPartioular Objects. 1211. Receipt for Money Paid ly a Third Person. % . Received from Y. Z., by tlie hand of M. K, , the sum of dollars. A. B. [Date.] 1212. Receipt for Money on Behalf of a Third Person. % . Received from Y. Z, the sum of dollars. A. B., per M. N. 1213. Form for Indorsing a Receipt on a Written Instrument. $ . Received from Y. Z. the sum of dollars, being [a part of] tlie amount due upon the written bond \pr, contract, or, policy of insurance, etc.] A. B. [Daie.] 1214. Receipt on Account Generally. $ . Received from Y. Z. the sum of dollars, on account. [Date.] A. B. 1215. Receipt for a Quarterns Rent.(e) I . Received of Y. Z. the sum of dollars, being one quarter's rent, due this day, for my dwelling-house and estate, No. street, now occupied by said Y. Z. A. B. [Date.} 1216. For Interest on a Bond. $ . Received of Y. Z. the sum of dollars, being the annual interest due on Ms bond, dated the day of i 18 , given to me [or, to M. N.], and conditioned for the payment of the sum of two thousand dollars, in three years from date, with annual interest [which payment herein acknowledged, I promise to indorse on said bond]. A. B. [Date.] 1217. For Part of the Principal of a Bond. $ . Received of Y. Z. the sum of dollars, to apply on his bond, dated the day of , 18 , given to me [or, to M. K], being the same payment which I have this day indorsed on said bond. A. B. [Date.] t 1218. For Payment for Professional Services. $ . Received from Y. Z. the sum of dollars, for professional services rendered by me in [state the native of the services], A. B. [Date.] (f) A receipt for a sum of money ex- tract, and not liable to be varied by pressed to be " to secure board, and to be parol evidence of previous arrangements, upplied on the first week's board ; to be Townsend v. Fisher, 2 3Ut., 47. forfeited if not taken," — Meld, to be a con- 630 ABBOTTS' FORMS. Beceipts in Full. 1219. For Money to le Paid Over. f . Eeceived from T. Z. the sum of dollars, to be paid to the Bank of , on their surrendering a note which they hold, made by said Y. Z., dated the day of , 18 , for dollars, payable days after date. . A. B. 1220. For Money to le DUhwied. ' $ . Received from Y. Z. the sum of dollars, to be expenderl in necessary travelling expenses and disbursements in going to Washington for him to obtain letters patent [or otherwise state the nature of the dis- hursements intended.} A. B. [Date.] 1221. For Money to he Repaid. $ . Received from Y. Z., of , the sum of dollars, which I promise to repay to him on demand [or, in days, or, months ; or, on the day of , 18 ]. A. B. [Date.] 1222. For Papers to he Safely Kept and Restored. I hereby acknowledge that the several deeds and writings contained in the schedule annexed were this day delivered to me by Y. Z., of, etc , and I hereby undertake to keep them with the same degree of care, as I keep my own deeds, writings and papers, or other valuable effects, and to restore them to the said Y. Z., his heirs or assigns, on his or their, etc. [state the condition, or say, upon request], uninjured and undefaced, inevitable casualty excepted. A. B. [Date.] f Annex Schedule, as in Form 1210.] 1223. InFull{f) of a Particular Demand. $ . Received from Y. Z. the sum of dollars, in full of all de- mands for printing up to date [or, to the day of ,18 ]. [Date:] A. B. (/) Eeceipt "in full," — Held, open to refused the wajreK necessary for his sup- proof that no money was paid, but only a port unless he will sign a receipt of a part- cheek which was dishonored. Houston payment in full, — is not concluded by it, V. Shindler, 11 Barb., 86. although it is expressed to he in full. A receipt, although in full of all de- Thomas ». MoDaniel, 14 Johns., 185; mands, and under seal, is no bar to a sub- Eourk i). Story, 4 K D. Smith, 624. sequent action, if it was given without The words *' in full," occurring in a re- any consideration. If given upon an ac- ceipt at the end of a specification of sev- tnal part-payment, it would show an ac- eral demands, are not necessarily confined cord and satisfaction. Kiley v. White, 6 to the demand last mentioned, but may N. T. Leg. Obs., 272. extend to the others Bog-ii-t v. Van Vel- One who gives a receipt under oompul- aor, 4 Iidii!.,''l\%. sion, — e. g., where a person employed is EEOOGNIZA.NOES. 631 General Principles. 1224. In Full of All Beinands. % . Received of T. Z. the sum of dollars, in full of all de- mands against him. A. B. CHAPTEE Lxxyni. EECOGNIZANOES. A EECOGNIZAKCE IS an obligation of record, entered into before a court or officer duly authorized for that purpose, with a condition to do some act re- quired by law, which is therein specified. In the absence of any statute regulation, the manner of taking a recognizance is that the magistrate repeats to the recognizors the obligation into which they are to enter, and the condition of it, at large, and asks them if they are content. He makes a short memorandum of it in his minutes, which it is not necessary that they should sign. From this short minute, the magistrate may afterwards draw up the recognizance in full form, and certify it to the court ; or, as is the general practice, certify either the original, or a copy, of the short memorandum. By the statutes of New York, it is provided that recognizances authorized to be taken in any criminal proceeding in open court by any court of record, shall be entered into the minutes, and the substance thereof read to the person recognized. All other recognizances in any criminal proceeding, or proceeding under the laws respecting internal police, shall be in writing and subscribed by the parties to be bound thereby .(a) A written recognizance should express that the obligors are bound to the State or commonwealth in a sjiecified sum, and should state the condition. It is usual also to state the offence charged, and the circumstances under which the recognizance is taken, so as to show the jurisdiction of the ofBcer.(&) 1225. Short Form of Memorandum of JSecogmzance.(c) A. B., bound in dollars. 0. D., bound in dollars. On condition that A. B. be and appear at the next court in , to answer. [Date.] 1226. Formal Becognizance. State of , 1 County of . j ' Be it remembered, that I, A. B., of the town of , in said county, do hereby acknowledge myself to be indebted to the People of the State of , in the sum of dollars, to be well. and truly paid, if default shall be made in the condition following: (o) 2 Rev. Stat., 746, § 24. Barb., oil ; Gildersleeve ®. People, 10 lb., (b) It has been held, however, that this 85 ; S. C, 9 N. T. Leg. Obs., 18. i^ not essential to its valiclitj'. People v. (c) This form ia sustained by Common- Kane, 4 Den., 630; People v. Willis, 5 wealths. Emery, 2 .Bi»»., 43. 632 ABBOTTS' FORMS. Recognizances. Eeleases. Wheebas the said A, B. [here hriefly state the circumstances authorizing the exaction of the recognizance'] : Now, thbbe^oee, the condition of this recognizance is such, that if the said A. B. shall [here state what is to he performed iy him], then this recognizance shall he void; else, to remain of force. Suhsorihed and acknowledged 1 [Signature and seal.] [in open court] this day > of , 18 , before me. ) [Signature and title of magistrate or clerk of court.] CHAPTEE LXXIX. RELEASES. The distinction between a release and a receipt is, that the first, by its own operation, extinguishes a pre-existing right, and theretbre cannot be contradicted or explained by parol ; the second, has never the effect of destroying a subsisting right, but is merely evidence of a fact — the fact of payment — and therefore, like all other facts given in evidence, may be refuted or explained. A release by one of two or more creditors or claimants, who must have joiued as plaintiffs had an action been brought, is valid and binding on the others, unless it shows that the consideration was not for their benefit. So a release given to one of several joint debtors who must have been joined as defendants if an action had been brought, is valid, and has the effect of discharging aU the debtors, if it be under seal. But it is competent for the parties to prevent this effect by expressing in the release that it is not to discharge the other joint debtors.(a) In general, a release should express a consideration ; and it is usual to state a nominal consideration if there is no other ; and the instrument shoiild also be under seal. A general release will be confined in its operation to the demands which appear to have been intended by the parties, notwithstanding general words. Especially where the same instrument is executed by various persons, standing in various relations, and having various Itinds of claims and demands against the releasee, general words, though the most broad and comprehensive, are to be limited to particular demands, where it manifestly appears, by the con- sideration, by the recital, by the nature and circumstances of the several demands, to one or more of which it is proposed to apply the release, that it was so intended to be limited by the parties. And for the purpose of ascertain- ing that intent, every part ot the instrument is to be considered. But the intention to limit the release to a particular debt must be shown by the deed itself, or by the instruments m pari materia containing the agree- ment and release. Co) This is the rule established in New York by Statute. Laws of 1838, 243, ch. 257. RELEASES. 633 General EelenseB. FACIB 1227. General release of all demands 683 1228. Mutual general release 608 1229. General release sometimes required by an award , . O'Z 1280. Special release 694 1281 . Eelease by a ward on coming of age, to his guardian 6.34 1282. Kelease by one partner 68 1 1288. Eelease of one of several partners or joint debtors 6i5 1234. Eelease of lands from the lien of a judgment 635 1235. Eelease of lands froin a legacy charged thereupon by will 635 1227. General Eelease of All Demands. Know ail men by these presents, that I, A. B., of the city of , for and in consideration of the sum of one dollar to me in hand paid by Y. Z., of , do hereby release and forever discharge the said Y. Z., his heirs, executors and administrators, of and from all actions, causes of action, suits, controversies, claims and demands whatsoever, * for or by reason of any matter, cause or thing, from the beginning of the world down to the day of , 18 . In witness wheebof, I have hereunto set my hand and seal, this day of , one thousand eight hundred and In presence of [SigTiature and seal. \ [Witnesses signature.'] 1228. Mutual General Release. This indenttieb, made this day of i 18 , between A. B., of , of the one part, and Y. Z., of , of the other part, witnesses, that the said A. B. and Y. Z. have this day cancelled and delivered up to the other certain covenants, bond, notes and written contracts, upon which he claimed to have demands on the other; the said claims and instruments so cancelled and delivered up being supposed and intended to be all the claims and evidence of claims by either of the parties hereto on the other. And in consideration thereof, each of them, the said A. B. and'Y. Z., docs hereby, for himself and his legal representatives, release and absolutely and forever discharge the other of and from all claims and demands, actions, causes of action, of every name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract, or sup- posed liability, or thing undertaken, done or omitted to be done, from tiie beginning of the world to this day. In testimony wheeeof, the said parties have hereto interchangeably set their hands and seals, the day and year first above written. In presence of [Signatures and seals.] [Signature of witness^ 1229. General Release Sometimes Required By An Award. Know ali, men by these presents, that I, A. B., of the city of , tor and in consideration of the sum of one dollar to me in hand paid by Y . 634 ABBOTTS' FORMS. Special Beleases, Z., of , and in pursuance of an award made by M. N., O. P. and Q. R., arbitrators between us, the said A. B. and Y. Z., and bearing date the day of , one thousand eight hundred and , do hereby release and forever discharge the said Y. Z., his heirs, executors and administra- tors, of and from all actions, causes of action, suits, controversies, claims and demands whatsoever, for or by reason of any matter, cauoe or thing, from the beginning of the world down to [here insert the date of the bonds of. arbitration, or of the submission^ In witness wheebof, I have hereunto set my hand and seal, this day of , one thousand eight hundred and In presence of [Signature and sbal.] [Witness's signature.] 1230. Special Belease. [As in Form 1227 to the *, continuing by stating the special matter in- tended — e. g., thus ;] by reason of a mortgage made by one M. N". to me, dated the day of j 18 , upon lands in , and by reason of the said Y. Z. having assumed to pay the same. In witness [etc., as above\. 1231. Release By a Ward on Coming of Age, to His Guardian. Know all men by these presents, that I, A. B., of , son and heir of , deceased, in consideration of , by these presents remise, re- lease and forever discharge Y. Z., of , my guardian, of and from all and all manner of actions, suits, accounts, debts, dues and demands whatso- ever, which I ever had, now have, or which I or my executors or administra- tors, at any time hereafter, can or may have, claim or demand against the said Y. Z., his executors or administrators, for, touching or concerning the man- agement and disposition of any of the lands, tenements or hereditaments of the said A. B., situate, etc., or any part thereof, or for or by reason of any money, rents or other profits by him received out of the same, or any pay- ments made thereof, during the minority of the said A. B., or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date hereof. In witness [etc., as aboDO,] 1232. Release By One Partner.(b) In consideration of the sum of one dollar to me in hand paid by Y. Z., of , I do, on behalf of the firm of A. B. & Co., of , hereby re- lease, quit-claim and forever discharge the said Y. Z. of and from all his debts, dues, claims and demands which the said firm of A. B. & Go. have against the said Y. Z. [Date.] [Signature and seal.] (J>) This form is sustained by Stearns v. Tnppin, 5 Denn., 294. RELEASES. 635 Of Joint Debtor. Of Lands. 1233. Beleaae of One of Several Partners or Joint Debtors. Whbeeas, the late copartnership fii-m of Y. Z. & Co., of , are in- debted to me, the undersigned A. B., of the city of , in the sum ot dollars \and if the indebtedness is on a judgment of a court of record of tJiis State, add words to this effect, by virtue of a judgment recovered in the Supreme Court of the State of , in an action wherein said A. B was the plaintiff, and the said late firm were defendants]. (c) And whereas , such firm has been dissolved : And whereas I have agreed with Y. Z., a member of the said firm, to compound or compromise my claim on him individually in respect of the said indebtedness to me of the said firm, for the sum of dollars : Now know ye, that in consideration of tne sum of dollars to me, the said A. B., paid by the said Y. Z., at or before the time of subscribing this release, I, the said A. B., do hereby, according to the statttte in such case made, release, acquit and forever discharge, the said Y. Z. and his estate of and from all individual liability, claim and de- mand whatsoever, for or in respect of the said indebtedness to me of the said late firm : PuovroKD, howevee, that this present release is made pur- suant to an act entitled, " An Act for the relief of partners and joint debt- ors," passed April 18, 1838, and shah have no greater or other effect than as by the said act and by this release is provided. Witness my hand, this day of , 18 . isignature and seal] 1234. Belease of Lands from the Lien of a Judgment. YTitle of the cause.] Judgment for dollars damages and costs. Judgment-roll filed, and judgment docketed on the day of j 18 , in the oflSce of the clerk of In oonsidekation of ' dollars to me in hand paid, I do hereby release and discharge the lands and premises hereafter described, from all claim, interest and hen, which I may have by virtue of the above-mentioned judgment, and any proceedings thereupon. [Description. ] Witness my hand and seal, this day of , 18 . [Signature and seal.] [AeTcnowledgment or proof, as in case of a deed.] 1235. Release of Lands from a Legacy Charged Thereupon hy Will. This indentube, made the day of , between A. B., of etc. (re- leasor), of the one part, and 0. D., of etc. (releasee), of the other part : Whereas S. H., late of, etc., duly made and executed his last will and testa- ment, in writing, dated the day of , and thereby (amongst other ^ « (c) If the indebtedness is on a judg- ledged and filed witli tlie cleric of the ment, the release should be aoknow- court in which thejiidgment was obtained. 636 ABBOTTS' FORMS. Releases. Religions Corporations. things) he gave and bequeathed'the sum of dollars to the said A. B., and directed that the same should he charged on, and he payable primarily out of his real estate, and the said testator by his said will gave and de- vised all his real estate so charged as aforesaid unto the said 0. D , his heiis and assigns, forever, and said testator having died, and his will having been proved : And whereas [here state the consideration for giving the release^ : Now THIS muBNTUEB WITNESSETH, that, in pursuance of the aaid agreement, and in consideration of the sum of dollars to the said A. B. paid by the said 0. D., on or before the execution of these presents (the receipt whereof he, the said A. B., doth hereby acknowledge), he, the said A. B., doth hereby release, exonerate and forever discharge the said C. D., his heirs, executors, administrators and assigns, and every of them, and also all and every the lands, tenements, hereditaments and real estate, by the said will of the said S. H. charged with the payment of the said legacy of dollars, and all interest on account thereof, and all claims and demands for or in respect of the same.' And he covenants with said 0. D., that he has not done any act whereby he is prevented from releasing the said sum of dollars. In witness [eic, as aioveJl GHAPTEE LXXX. RELIGIOUS CORPORATIONS. By the laws of the State of New York, and those of some other States, any Church or Congi'egatiou may become incorporated by complying with certain requirements of the statute.(a;) The following forms are agreeable to the laws of New York ; and will serve as guides in proceedings under the statutes of other states. 1286. Certificate of incorporation or religious society 6S6 1 237. Tbe yame ; in the case of a Protestant Episcopal Church 637 ]288. Certificate of election 688 1239. Triennial report of a religious corporation 688 124C. Petition of trustees for leave to sell or mortgage real property of the society. 639 1241. Order for leave to piortgage or sell 639 1236. Certificate of Incorporation of a Religious Society. We, the undersigned, two of the elders [or, church wardens] of the church [or, two of the members of the church, or, of the congregation, or, society] hereafter mentioned, hereby certify, that, on the day of , 18 , at a meeting of the male persons of full age, belonging to the church [or,- congregation, or, societjf, for the purpose of incorporating the (a) SBev.Stat.ofN. r.,292; /4.,5ed., vol. ii., p. 6')4. KELIGIOnS OOEPORATIONS. 637 IncorporiitinDT. same, whioli meeting was held at , in tlie house where they statedly assemhle for divine worship, and pursuant to notice duly given, upon the day of and the day of , at the stated meetings of said congregation for public worship, by M. N., the minister [or, in the absence of the minister, by M. IT., one of the elders, or, other oflSoer or member according to the statute] of said church, the undersigned were nominated by a majority of the members present as returning officers ; and that said male members did then and there elect, by plurality of voices [naming the trustees, not less than three, nor more than nine], as trustees of the said church, congregation or society ; and the said persons did then and there also determine by the like plurality of voices, that the said trustees and their successors should forever hereafter be called and known by the name or title of [here designate title]. In witness wheeeof, we have affixed our hands and seals, at , tliia day of , 18 . Signed and sealed in the ) [Signatures and seals.] presence of ) [Signature o/witness,] 1237. The Same; In the Case of a Protestant Episcopal Ghureh. "We, the undersigned, do hereby certify, that on the day of , in the year 18 , the male persons of full age of the Church in [or, of a congregation] worshipping in [here designate place of worship], in the town of , in the county of , and State of New York, in oommunion with the Protestant Episcopal Church in the State of New York, who were duly qualified under the statute, and were not heretofore incorporated, met at their place of worship aforesaid, for the purpose of incorporating themselves as a rehgious society, under the acts of the Legis- lature of the State of New York, and in pursuance of notice duly given to the said congregation, in the time of morning service, on two Sundays pre- vious to such meeting, that the male persons of full age belonging to said congregation would meet at the time and place aforesaid, for the pur- pose of incorporating themselves, and of electing churchwardens and vestrymen. And we further certify, that the Reverend A. B., being rector of said church, presided at the said meeting [or, if there be no rector, say : there being no rector of the said congregation, or, church, the undersigned 0. D. was, by a majority of the said persons so met, called to the chair, and presided at the said meeting]. And we farther certify, that at the said meeting [names] were duly elected churchwardens of the said congregation and church,- and [names] were duly elected vestrymen ; that day in Easter week was, by the said meeting, fixed on as the day on which the said offices of churchwardens and vestrymen should annually thereafter cease, and their successors in office be chosen ; and that the said meeting determined and declared that the said church and congregation should be known in law by the name of [here state it]. I^f WITNESS WHBEBOF, wc, the said A. B. [rector], who presided at the said election of wardens and vestrymen, and 0. D. and E. F., who were present 638 ABBOTTS' FORMS. Religions Corporations. and witnessed the proceedings aforesaid, have hereunto suhscribed our names, and affixed our seals, this day of , in the year of our Lord one thousand eight hundred and Signed and sealed ( [Signatures dhd seals.] in presence of ) [Signatures of witnesses.'] 1238. Certificate of Election. We, the undersigned, two of the elders [or, churchwardens — or, members] of the Society, hereby certify, that on the day of , in the church at , a meeting of the said society was held, pursuant to notice duly given by A. B., the minister of said church [or, one of the elders, or other officer, of said church, in the absence of the minister], for the purpose of electing trustees to fill the vacancies occurring by the expiration of the terms of office of and , on the day of . That at said meeting the undersigned were nominated by a majority of the mem- bers present, as returning officers ; and that the male members of said so- ciety of lawful age, and duly qualified under the statute, then present, did by a plurality of voices elect [here insert names] as trustees of said society, to fill said vacancies. In witness [etc., as in Form 1236]. 1239. Triennial Report of a Seligious Corporation. To the Hon. , one of the judges of the Supreme Court of the State of New York :' The undersigned, the rector, churchwardens and vestrymen of St. Mark's Church [or, the trustees of the Society of ], a religious corpora- tion, in the city of , in said State, respectfuEy report, that the follow- ing is a faithful, true and correct account and inventory of all the estate, both real and personal, belonging to said church [or, congregation — or, so- ciety] at the time of making this report — to wit : The church edifice, and the lot on which, the same stands, known as [etc.] on . street, in said city of , and valued at dollai-s. [Insert in the same way all the itena of real and personal estatei] And the undersigned further report that the following is a just and cor- rect account of the annual revenue arising from the real and personal estate aforesaid, from the day of j 18 , to the day of i 18 ; to wit [insert here the revenue for each year sepa/rately]. Dated at , the day of , 18 . [Signatures.] County of , ss. [Here insert names of signers], being duly sworn, each for himself deposes and says, that he has read [or, heard read] the foregoing report by him signed, and that the same is in all respects faithful, just and true, to the best of his knowledge and belief. SwoEN [etc., as in Form 1115]. [Signatwes.] EELIGIOUS OOEFORATIONS, 639 Leave to Sell or Mortgag* Property. 1240. Petition, of Trustees for Leave to Sell or Mortgage Seal Property of the Society. To th3 Supreme Court of the State of New York : The petition of the undersigned respectfully shows, that they are the trustees of the religious society known as , a religious corporation formed under the laws of this State, having no personal property except [their church furniture], and no real estate except [the lot on which stands their house of worship] ; [here state the facts that the petition is based on — e.g., thus: that said house of worship has just been erected at a cost of about dollars, and they ask the leave of the court to mortgage said property for dollars, the term of years, for to raise the balance of said money. And this petition further shows, that the resolution hereto annexed is a copy of a resolution which was unanimously passed by the trustees of said society, at a meeting duly held ; and that the petition hereto annexed is the petition of a majority of the legal voters of said religious corporation, and that the property which they desire to mortgage is bounded and described as follows : [Add description.'] [Signatures of trustees.] OOOTITT OF , SS. A. B. being sworn, says that he is the clerk [or, the president] of the board of trustees of the religious corporation known as the ; that he has read the foregoing petition by him subscribed, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on his information and belief, and as to those matters he believes it to be true ; that the persons who have signed the annexed petition of legal voters are all legal voters of said religious corporation, and that the whole number of legal voters of said society does not exceed , and that the foregoing signers of this petition are all the trustees of said corporation. SwoEN [etc., as in Form 1115]. [Signature.] 1241. Order for Leave to Mortgage or Sell. At a special term of the Supreme Court of the State of Few York, held at the City Hall in the city of , on the day of , 18 . Present — Hon. A. B., justice. In the matter of the applica- tion of for leave to sell [or, mortgage] their real property. Upon reading and filing the petition of , dated the day of , and on motion of , for said petitioners, it is hereby ordered, that the said be authorized to sell the real estate in said petition described [07; to mortgage the real property in said petition described, for a period not to exceed years, for a sum not to exceed dollars], and to appropriate the proceeds as requested in the said petition. 640. ABBOTTS' FORMS. Satisfaction of Liens, etc. CHAPTEE LXXXI. SATISFAOTION-PIEOES. JuDGMDNTS, mortgages wtich have been registered, and other liens resting in record, should have the evidence of their discharge also recorded. The iu- stmment appropriate to this purpose is termed a satisfaction-pieoe. It should be acknowledged or proved hy a witness in the same way as a deed, according to the forms given in the chapter of AcKNOWliEDGMBN TS. FAaK 1242. Satisfaction of judgment 640 1243. Satisfaction of justice's judgment 640 1244. Satisfaction of mortgage 640 1245. Satisfaction of mechanic's lien 641 1242. Satisfaction of Judgment. [Name of court and title of cause.] County op Satisfaction is acknowledged between A. B., plaintiflF, and T. Z., defend- ant, for the sum of dollars, * judgment entered, in the judgment-book of the Court * in the county of , the day of , one thousand eight hundred and Acknowledged before me, the [Signature of judgment creditor,] day of , 18 , by the said A. B., to .me known [or, proven by the oath of M. N., a credible witness] to be the plaintiff in the above action. , [Signature of officer.] 1243. Satisfaction of Justice's Judgment. [As in the preceding form, substituting for the words letween the * * the following :] judgment rendered by M. K, 'Esq., a justice of the peace in the town of , and county of , for dollars and cents, damages and costs ; transcript filed and judgment docketed, — 1244. Satisfaction of Mortgage. I, A. B. [or, we, the president, directors and company of, etc.], do hereby certify, that a certain mortgage, bearing date the day of , in the year one thousand eight hundred and , made and executed by T. Z., of [and W. Z. his wife], to me [or, to us— or, to one M. K, and by him heretofore assigned to me— o?-, us], and recorded in the office of , SCHOOLS. 641 Satisfaction Pieces. ■ School Laws. in the county of , in Lib. of mortgages, page [or, if a chattel mortgaz/e, say : and filed in the ofiBce of , in the county of ], on the day of , is paid. And I [or, we] do hereby consent that the same be discharged of record. Dated the day of , 18 [or, if executed ly a corporation, say : In witness whereof, the said [naming corporation] have caused their cor- porate sesil to be hereunto afiSxed, this day of , 18 ]. In presence of [Signature, etc.] [Signature of witness^ [Add achnowledgment or proof ty subscribing witness, as in case of a Deed.] 1245. Satisfaction of Mechanic's Lien. I, A. B., do hereby certify, that a certain mechanic's lien, filed in the office of the clerk of the county of , the day of , one thousand eight hundred and , at o'clock in the noon. In favor of A. B., claimant, against the building and lot situate on the side of street, in , between and streets, and known as No. in said street, M. N". owner ahd 0. P. contractor, is discharged. In presence of [Signature of lienor.] [Signature of witness^] [Add achnowledgment or proof by subscribing witness, as in case of a Deed.] CHAPTEE LXXXII. SCHOOLS. The Common-school Systems adopted in various States differ so much, and the features and practice are generally so fully set forth in the statute regula- tions, thait ainll statement of the law should be sought in the statutes and in the instructions, if any issued, by the state officers having supervision of the pnbHe instruction. The following forms have reference to the most common needs of professional or clerical use under the statutes of New York. PAGS 1246. Order altering Bohool districts 6i2 ] 247. Order erecting a new district 642 1248. Consent of trustees indorsed on order 642 1249. Notice of first meeting in a new school district 642 1250. Ordinary notice of district school meeting 642 1251. Tax-list for collection of moneys raised for building a school-house 648 1252. Warrant to be attached to tax-list 64S 41 642 ABBOTTS' FORMS. School Lawa. PAO« 1253. Eate-bills for sums to be paid by the inhabitants for instruction or for fuel. 643 1254. Eenewal of warrant 648 1255. Collectors' notice to pay taxes 644 1256. Eeturn of the collector 644 1 257. Notice of levy and sale by the collector ■ -.. 644 1246. Order Altering School Districts. It is hereby ordered by the school commissioner of the Assembly District of the county of [and the supervisor and town clerk of the town of ], that * school district No. in said town be enlarged by adding thereto the following described farms and dwellings to be taken from district No. in said town [description]. [Date.] [Signatures and titles!] 1247. Order Erecting a New District. [As in the preceding form to the *, a/nd continue :] a new school district to be called district No. , be erected in the town of , said district to embrace the following described dwellings, farms and territory which are taken from districts Nos. and ; said territory so set apart for said new district is described as follows [description]. [Date.] [Signatures and titles.] 1248. Consent of Trustees Indorsed on Order. We hereby consent to the within alteration of school districts. [Date.] [Signatures of] Trustees. 1249. Notice of First Meeting in a New School District. Notice is hereby given, to the inhabitants, qualified to vote at district school meetings of the district, described in the annexed order, that the first district meeting of said district will be held at the house of , in said district, on the day of ,18 , at o'clock in the noon, for the purpose of electing district school officers, and determining upon the site for the school-house, and the amount of tax to be raised to build the house, and any other business necessary to be done at said meeting. [Date.] [Signature of] School Commissioner. 1260. Ordinary Notice of District School Meeting. Notice is hereby pven, that a special [or, an annual, or, adjourned] meet- ing of the freeholders and inhabitants of this school district, authorized by law to vote therein, will be held at , on , at o'clock in the noon, for [the election of officers] and other necessary business. [Date.] [Signatwe of clerk,] SCHOOLS. 643 Collection of Taxes. 1251. Tax-list for Collection of Moneys Raised for Building a School- House. List of taxes, payable by the following persons, taxable inhabitants of district No. , in the town of , made by the trustees of said dis- trict, on the day of , 18 , in conformity to law. VAITTATION OF EEAL ESTATE. PEKSONAL ESTATE. AMOUNT OP XAXE8. [Here insert them, and add signatwe of trustees.] 1252. Warrant to ie Attached to Tax-list. To the collector of School District No. , in the town of , in the county of , greeting: In the name of the People of the State of New York, you are hereby commanded and required to collect, from each of the inhabitants of said dis- trict, in the annexed tax-list named, the sum of money set opposite to his name in said list, and within thirty days after receiving this warrant, to pay the amount thereof collected by you (retaining your fees for collection), into the hands of the trustees of said district, or some or one of them, and take his or their receipt therefor ; and in case any person named in such list shall not pay the sum therein set opposite to his name, on demand, you are hereby commanded to levy the same by distress and sale of the goods and chattels of the said delinquent, in the same manner as on warrants issued by the board of supervisors to the collectors of taxW Given under our hands and seals, this day of , 18 . [Signatures, titles and seals.] 1253. Rate-lills for Sums fo be Paid ty the Inhabitants for Instruction or for Fuel. Eate-bill of the persons liable for teachers' wages \or, fuel], in district No. , in the town of , for the school-term ending the . day of , 18 . NO. OF DAYS SENT. AMOUNT OF SCHOOL BILL \or, BILL FOR fuel], 1N0LII15IN& OOLLBOTOE's FEES. [Here insert them, a/nd add signatures.] 1254. Renewal of Warrant. The undersigned, trustees of school district No. , in the town of hereby renew the within [or, foregoing] warrant. [Bate.! [Signatures.] 644 ABBOTTS' FORMS. Colleotion of School Taxes. Seals. 1255. Collector's Notice to Pay Taxes. The undersigned has received from the trustees of school district No. town of , the warrant and tax-list to collect the sums therein specified from the persons therein named as liable to pay the same in said district ; and all persons who pay their tax to me within two weeks from this date will be charged but one per cent, fees, and five per cent, will be collected from all persons who do not pay their taxes until after the expiration of said two weeks. [Date]. [Signature of] CoEeotor. 1256. Return of the Golleetor. I hereby certify and return, that, by virtue of the foregoing warrant, I have collected the sum of dollars, being the amount of the several sums thereon marked by me as paid ; and that the following persons have not paid the sums in which they are taxed, nor have I been able to find any property of them upon which I could levy \names.'] [Date.] [Signature of] Collector. 1257. Notice of Levy anii Sale hy the Collector. By virtue of a warrant and tax-list issued to me by the trustees of school district No. of the town of , I have levied upon and taken the following described goods of M. N., which I shall sell at public auction at the house of in said town, on the day of , 18 , at o'clock in the noon [SXicriptAon of goods]. [Date.] [Signature of] Collector. OHAPTEE LXXXni. SEALS. AccoKDlNG to the more strict authorities, a seal is an impression upon wax, wafer or some other tenacious substance affixed to the paper or parchment on which an instrument is written. In many of the Southern and Western States, as well as in Pennsylvania and New Jersey, this kind of seal has been dispensed with, the courts holding a scroll or device, made by the pen or printed, to be a sufficient seal, if intended as such. In some of the States, the use of private seals has been wholly dispensed with by statute. In others, as in New York, the statutes authorize coiTporate, ofBcial and judicial seals to be made by an impression upon the paper directly, without the use of wax or wafer. The rules which prevail in the several States, in respect to private seals, are SEAKUJlJliS. 645 General Rules. for greater convenience, stated in the chapter of Deeds, where the law will he found, in the alphabetic order of the names of the States. The effects of affixing a seal upon a contract are, in general — first, that it im- ports or implies a consideration sufficient in itself to support the contract ; and second, that lapse of time will not bar a right of action on the contract until twenty years have passed, instead of barring it in sis years or such other briefer period as the la,w may prescribe for unsealed contracts. OHAPTEE LXXXIV. SEAEOHES. In examining the title to real property, the conveyancer may look through the records himself, or may, by a requisition addressed to the recording oflBcer, procure him to search for and certify the conveyances and encumbrances. The requisition and cei-tificate is termed a search. In drawing it or filling the blanks (which can usually be procured at the law stationer's), particular regard should be had to the time during which the person searched against has owned the premises, so as to cover fully his period of title in seeking for conveyances, etc., and to the times fixed by the statutes regulating other liens, such as judgments, which may affect the property though recovered against him before he became the owner. The clerk who -searches for judgments will return those that have been satisfied, as well as those which have not ; and satisfied judgments should be inquired into, for they may have been satisfied by a, sheriff's sale of the very property in question. PAOB 1258. Search for deeds, etc 645 1259. County clerk's search 646 1260. Search for judgments in United States courts 646 1261. Loan commission search » 647 1262. Tax search 647 1258, Search/or Deeds, etc. All that oeetain [etc., inserting a full description of the land; and, if a city lot, it will be convenient to give a diagram of the hloch, shming the position of the lof\. The eegistee of the city and county of New York will please search for mortgages, conveyances, leases and aU other encumbrances of record in his ofBce, of, upon or affecting the premises above described, or any part there- of, by the persons whose names are hereto subjoined, and for the periods set opposite their respective names, and certify the result below, for [Bate.} [Signature of conveyancer.] 646 ABBOTTS' FORMS. Searches. For transcripts of [Sere insert names and dates — e. g., tJius} : Against A. B., from the day of ,18 , to the day of ,18 . " 0. D., from the day of ,18 , to date of your return. ' [The officer will add his return, thus :\ A. B. and wife to 0. D. Deed dated the day of . , 18 , and re- corded the day of , in Lib. of Deeds, p. Nothing else found. [Date.] [Signatwe of officer.] 1259. County Cleric's Search. The clerk of the city and county of New York will please search his oflSca for judgments and decrees, and also ' Decrees in chancery or equity. Judgments from the late and present Supreme Court. Judgments from the Superior Court. Judgments from the Court of Common Pleas. Judgments from other courts. Also transcripts from the marine and justice's courts against the following: [Rere insert names and periods.] Also for surrogate's decrees, and forfeited recognizances, against the same persons for the same periods. Also, for mechanic's liens affecting property side of street, near , since , against A. B. Also, for unsafe building-notices affecting same property since the passage of the act, against A. B. Also, for bonds of collectors, and their sureties, from April, 1838, to April, IBM, against A, B. Also, for notices of lispendens. " certificate of sheriff's and marshal's sales. " insolvent assignment. " general assignment. " foreclosures by advertisement. " appointment of receivers, and of trustees of absent debtors. Against the persons following, for the following periods respectively [namei and periods]. [Signature of conveyancer.] 1260. Search for Judgments in United States Courts. To the clerk of the Circuit [or, District] Court : Please search for judgments in the Circuit [or, District] Court of the United States for the district of New York, against the persons whose names are hereto subjoined, and for the periods set opposite then- respec- tive names, and certify the result below, for [Bate.] [Signaturetof conveyaricer.] [Add names and periods.] SERVICE (AND Pec or ce). 647 Searches. Certificate of Service. 1261. Loan Commission Search. The commissioners for loaning moneys of the United States in the county of will please search in their oflBce for mortgages upon premises [here briefly designate them'], made by \names'\. [DateJ] [Signature 0/ convei/ancer.J 1262. Tax Search. To M. K : Please search for taxes, assessments, water-rents, and sales for the same or either of them, of, upon or aflfecting the premises laid down on the fol- lowing diagram, or any part thereof, and certify the result below, for [Bate.] [Signature 0/ conveyancer.] [Diagram showing location and dimensions of premises.] CHAPTER LXXXY. SERVICE (AND PROOF OF). Whbkb the law requires written notice to be given to a person, it usually is to be understood to intend a delivery of the notice to him personally. This is termed personal service, in contradistinction to service by leaving the notice at the person's residence in the hands of another, or by mading or by publication. Personal service is in general to be required, if the obiect of the notice is to subject the party to the jurisdiction of a court or magistrate, or if he is to bo punished for not regarding the notice, or if it is a condition precedent to some act on the part of others prejudicial to the party to be notiiSed.(a) Where a statute giving a special or summary mode of proceeding specifies the manner of service, its directions should be strictly complied with. Forms of proof in such instances wiU be seen in the chapter on Fokeclosubb and Insolvencx. PAQK 1263. Sheriff'!* certificate of service '. 647 1264. Affidavit of personal service 643 1263. Sheriff's Certificate of Service. [If in an action, insert here its title.] CoTJNTY OS I HEEEBT certify that on the day of , 18 , at ,1 served on Y. Z. [one of the defendants above named] the summons in this action [or, the annexed notice], by delivering a copy thereof to him per- sonally, and leaving the same witli him. [Signature of] Sheriff. [Date.] (of) See the chapter on notices. 648 ABBOTTS' FORMS. Affidavit (if Servioq. Shipping Articles. 1264. Affidavit of PersoTial Serviee. [If in an action, insert here its title.} OOTnlTT OF M. N., being duly sworn, says that he is [a clerk in the oflBoe of plain- tiff's attorney herein] ; and that on the day of i 18 , he served on Y. Z. [one of the defendants above named] at [his place of business] No. , street, in the city of New York, the within summons [or, notice], by delivering a copy thereof to him personally, and leaving the same with him [or, by tendering a copy thereof to him personally, and on Ms refusal to receive the same, deponent laid them down upon his desk, saying to him: " 1 hereby deliver these to you."] Deponent further says that he knows the person, so served to be the person mentioned and de- scribed in the summons as defendant therein [or, the person to whom said notice is addressed]. [Signature.] SwoEN [etc., as in Form 1115]. CHAPTER LXXXVI. SHIPPING ARTICLES. The Statutes of the United States(a() provide that every master or com- mander of any ship or vessel bound from a port in the United States to any foreign port, or of any ship or vessel of the burden of iifty tons or upwards, bound from a port in one State to a port in any other than an adjoining State, shall, before he proceed on such voyage, make an agreement in writing or in print, with every seaman or mariner on board such ship or vessel (except such as shall be apprentice or servant to himself or owners), declaring the voyage or voyages, term or terms of time, for which such seaman or mariner shall be shipped. Carrying out a seaman without his first signing such articles subjects the master to a penalty, and entitles the seaman, for his service, to the highest wages given at the port, within three months preceding the time of shipment. At the foot of every such contract there must be a memorandum in writing of the day and hour on which the seaman or mariner, who shall so ship and subscribe, shall render themselves on board, to begin the voyage agreed upon. Nothing repugnant to the foregoing requirements can be inserted ; but addi- tional provisions not inconsistent with them may be iuserted.(6) The courts, however, are careful, in protection of seamen, to inquire into harsh or unusual stipulations, and they will not enforce, against seamen, stipulations which operate to their disadvantage, and are inserted in the artides in addition to the stipulations recognized by this act, unless it appear, from evidence outside the articles, that the seamen fuUy understood the stipulations and received an adequate consideration therefor.(c) (o) 1 U. S. Stat, at L., 131. (c) 3rown «. Lull, 2 Summ., 444 ; Har- (h) Webb V. Duokingfield, 18 Johns., deu v. GJordon, 2 Mas., 541 ; The Sarah 890. Jane, 1 Blatckf. tfe E., 401. SHIPPING ARTICLES. 649 General Form. • 1265. Fwm of Shipping Articles. United States of Amekioa. It is agreed between the master and seamen, or mariners, of the [name of vessel], of , whereof A. B. is at present master, or whoever shall go for master, now bound from the port of {naming shipping port], to {here designate the voyage dejinitely].(d) That, in consideration of the monthly or other wages against each respective seaman or mariner's name Jierennder set, they severally shall and will perform the above-mentioned voyage : And the said master doth hereby agree with and hire the said seamen or mariners for the said voyages, at such monthly wages or prices, to be paid pursuant to this agree- ment, and the laws of the Congress of the United States of America ; and they, the said seamen or mariners, do severally hereby promise and oblige themselves to do their duty, and obey the lawful commands of their oiBoers on board the said vessel, or the boats thereunto belonging, as become good and faithfal seamen or mariners ; and at all places where the said vessel shall put in, or anchor at during the said voyage, to do their best endeavors for the preservation of the said vessel and cargo, and not to neglect or refuse doing their duty by day or night, nor shall go out of the said vessel on board any other vessel, or be on shore, under any pretence whatboever, until the above said voyage be ended, and the said vessel be discharged of her loading, without leave first obtained of the captain or commanding officer on board ; that in default thereof, he or they will be liable to all the penalties and forfeitures mentioned in the marine law, enacted for the government and regulation of seamen in the merchants' service, in which it is enacted, "That if any seaman or mariner shall absent himself from on board the ship or vessel, without leave of the master or officer commanding on board; and the mate, or other officer having charge of the log-book, Shall make an entry therein of the name of such seaman or mariner, on the day on which he shall so absent himself; and if such seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days' pay for every day which he shall so absent himself, to be deducted out of his wages; but if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at tlie time of his desertion, to the use of the owner or owners of the said ship or vessel, and moreover shall be liable to pay him or them all damages which he or they may sustain by being obliged to hire other seamen or mariners in his or their place." And it is fuethbe agej:bd, that in case of desertion, (d) Not only the termini of the voyage Europe," since it leaves the master ut must be stated, but it must be so stated liberty to make suoli voyages thither as as to render the voyage or voyages definite he pleases, leaves the seaman at liberty and certain. A clause providing that the to abandon the service. Snow v. Wope, voyage between two ports may be either 2 Ourt. G. Ot., 801, " direct or via ports in tl s East Indies or 650 ABBOTTS' FORMS. Shippiug Articles. death or linprisonment, the wages are to cease. And it is purthbe ageked by both parties, that each and every lawful command which the said master or other ofScer shall think necessary hereafter to issue for the effectual government of the said vessel, suppressing immorality and vice of all kinds, shall be strictly complied with, under the penalty of the person or persons , disobeying, forfeiting his or their whole wages or hire, together with every thing belonging to him or them on board the said vessel. And it is FUETHBE AGEEBD ON, that no officer or seaman belonging to the said vessel shall demand or be entitled to his wages, or any part thereof, until the arrival of said vessel at the said vessel's final port of discharge, and her cargo delivered. And it is heebby ftjethee agreed, between the master, officers and seamen of the said vessel, that whatever apparel, furniture and stores each of them may receive into their charge, belonging to the said vessel, shall be accounted for on her return ; and in case any thing shall be lost or damaged through their carelessness or inefficiency, it shall be made good by such officer or seaman, by whose means it may happen, to the master and owners of the said vessel. And it is heeebt expebsslt ageeed, that should the said ship on the said voyage be seized, detained or fined, for smuggling tobacco, or any other article, by one or more of the undersigned sailors, cooks or stewards, they shall all be responsible for the damages thence resulting, and shall severally forfeit their wages, and all their goods and chattels on board to the amount of such damage, and that the certificate of the person or persons who may ' seize, detain or fine the said ship for smuggling, signed by him or them, and verified by the American Consul at under his seal of office, shall be conclusive evidence of the facts therein stated, in all courts whatsoever, and especially as to the fact that smuggling had been committed, the in- dividual or individuals by whom the same had been committed, the amount of the fine imposed therefor upon the said ship, the incidental expenses thereon, and the number of days the said ship was detained in consequence thereof. No grog allowed, and none to be put on board by the crew ; and no profane language allowed, nor any sheath-knives permitted to be brought or used on board. And wheeeas, it is customary for the officers and seamen while the ves- sel is in port, or while the cargo is delivering, to go on shore at night to sleep, greatly to the prejudice of such vessel and freighters, be it fuethke AGEEED by the said parties, that neither officer nor seaman shall, on any pre- tence whatever, be entitled to such indulgence, but shall do their duty by day in discharge of the cargo, and keep such watch by night as the master shall think necessary to oi-der relative to said vessel or cargo ; and whereas, it frequently happens that the owner or captain incurs expenses while in a foreign port, relative to the imprisonment of one or more of his officers or crew, or in the attendance of nurses, or in the payment of board on shore, for the benefit of such person or persons: Now it is undeestood and AGEEED by the parties hereunto, that all such expenditures as may be in- curred by reason of the foregoing premises, shall be charged to, and de- ducted out of the wages of any officer or such one of the crew by whose means or for whose benefit the same shall have been paid. And whereas, STAMPS. 661 Shipping Articles. it often happens that part of the cargo is embezzled after being safely delivered into lighters, and as such losses are made good by the owners of the vessel, be it theekfoee agreed by these peesbnts, that what- ever officer or seaman the master shall think proper to nppoiiit, shall take charge of her cargo in the lighters, and go with it to the lawful quay, and there deliver his charge to the vessel's husband, or his representative, to see the same safely landed : That each seaman or mariner who shall well and truly perform the above-mentioned voyage (provided always that there be no desertion, plunderage, embezzlement or other un- lawful acts committed on the said vessel's cargo or stores), shall be entitled to the payment of the wages or hire that may become dye to him pursuant to this agreement, as to their names is severally affixed and set forth: Provided nevertheless, that if any of the said crew disobey the orders of the said master or other officer of the said vessel, or absent himself at any time without liberty, his wages due at the time of such disobedience or absence shall be forfeited ; and in case such person or persons so forfeiting wages shall be reinstated or permitted to do further duty, it shall not do away such forfeiture. It beino truDBBSTOOD and agreed, by the said parties, that parol proof of the misconduct, absence or desertion of any officer or any of the crew of said vessel,*may be given in evidence at any trial between the parties to this contract, any act, law or usage to the contrary thereof notwithstanding. In testimont wheeeof, and for the due performance of each and every of the above-mentioned articles and agreements, and ac- knowledgment of their being voluntarily, and without compulsion or any other clandestine means being used, agreed to and signed by us, we have each and every of us hereunto affixed our hands, the month and day against our names as hereunder written. And it is hereby tojdees'iood and mutually ageked, by and between the parties aforesaid, that they will render themselves on board the said vessel, on or before [Saturday] the day of J 18 , at o'clock in the noon. [Here set down in columns the date of entry ; signature hy the seamen ;{e) stations ; "birthplace; age; height in feet and inches ; wages per month ; adxance wages ; advance abroad; hospital money ; time of service in months and days ; whole wages; wages due ; sureties; and witnesses of the signing of each."] CHAPTER LXXXYII. STAMPS. It is the duty of the maker of an instrument, upon which a stamp ia re- quired by the internal revenue law, to affix and cancel the stamp. If he neg- lects to do so, the party for whose use it ie made may stamp it before it is used ; but in no case can it be legally used without a stamp. Any failure upon the part of the maker of an instrument to appropriately stamp it, subjects him to a («) Signature by the master is not essential. Balier v. Towner, 3 E. I). Smith, 132. 652 ABBOTTS' FORMS. Stamps. penalty of fifty dollars. The proper method of cancelling is by writing or stamping upon the face of the stamp the initials of the party, and date upon ■which the stamp was attached or used. When two or more persons join in the execution of a single instrument, the stamp which it requires may be affixed and cancelled by any one of the parties. Recording officers and officers certifying copies of stamped in-struments should note upon the copy that the original had,a stamp, stating its amount, and that it was cancelled. The various classes of instruments -which require stamps, and their respec tive rates are prescribed by a part of the internal revenue law, which is inown as Schedule B. Repeal of the Stamp Tax. By section 36 of the Act of Congress, approved June 6, 1872, it is enacted as follows . Sec. 36. "That on and after 1st October, 1872, all the taxes imposed by stamps under and by virtue of schedule ' B,' of section 170 of the Act approved June 30, 1864, and the several Acts amendatory thereof, be, and the same are hereby repealed, excepting only the tax of two cents on bank chocks, drafts or orders : provided, That where any mortgage has been executed and recorded, or may be executed and recorded before the first day of October, 1872, to secure the payment of bonds or obligations that may bg made and issued from timer to time, and such mortgage not being stamped, all such bonds or obligations so made and issued on or after the said 1st October, 1872, shall not be subject to any stamp duty, but only such of their bonds or obligations as may have been made and issued before the day last aforesaid; and provided farther. That in tho meantime the holder of any instrument of writing, of whatever kind and descrip- tion, which has been made or issued without being duly stamped, or with a defunct (deficient) stamp, may make application to any Collector of Internal Revenue, and that upon such application such Collector shall thereupon affix the stamp provided by such holder upon such instrument of writing, as required by law to be put upon the same, and subject to the provisions of section 168 of the Internal Revenue Laws." The list of rates below given is retained in this edition because for a time it has an importance in reference to previously executed instruments. 1266. Stamp Duties. Achnowhdgment of deeds, or other instruments, made before a justice, notary or other qualified officer Exempt. Affidavit. See note (c) below $0.05 Agreement or contract, other than those specified in this schedule ; any appraisement of vahie or damage, or for any other pur- pose ; for every sheet or piece of paper upon which either of the same shall be written 0.05 Provided, that if more than one appraisement, agreement or contract shall be written upon one sheet or piece of paper, five cents for each and every additional appraisement, agree- ment or contract. Any renewal of agreement, contract or charta", the same as required on the original. STAMPS. 653 Appfaisements. Bills. Appraisement. See Agreement. Assignment or transfer of lease, mortgage or policy of insurance. See Lease, Mortgage, Insurance, below. » Assignment, patent right 0.05 Bank checJc, draft or order for the payment of any sum of money whatsoever, drawn upon any bank, banker or trust company, or for any sum exceeding $10 drawn upon any other person or persons, companies or corporations, at sight or on de- mand 0.02 Bill of exchange (inland), draft or order for the payment of any snm of money, not exceeding one hundred dollars, otherwise than at sight or on demand, or any promissory note (except bank-notes issued for circulation, and checks made and in- tended to be forthwith presented, and which shall be presented to a bank or banker for payment), or any memorandum, check, receipt or other written or printed evidence of an amount of money to be paid on demand or at a time designated, for a sum not exceeding one hundred dollars 0.05 And for every additional hundred dollars, or fractional part thereof in excess of one hundred dollars 0.05 (A renewal of a promissory note or other contract subjects it to the same amount of stamp duty as an original note.) , Bill of exchange (foreign), or letter of credit drawn in, but payable out of, the United States, if drawn singly, or otherwise than in a set of three or more, according to the custom of merchants or bankers, shall pay the same rates of duty as inland bills of exchange or promissory notes. If drawn in sets of three or more : for every bill of each set where the sum made payable shall not exceed one hundred dollars, or the equivalent thereof in any foreign currency in which such bills may be expressed, according to the standard of value fixed by the United States. 0.02 And for every additional hundred dollars, or fractional part thereof in excess of one hundred dollars 0.02 Bill of exchange (foreign), or letters of credit, drawn out of, but payable in the United States, same duty as bill of exchange (inl.ind). Bill of lading, or receipt (other than charter party) for any goods, merchandise or effects, to be exported from a port or place in the United States to any foreign port or place (except of British North America) 0.10 Bill of sale, by which any ship or vessel, or any part thereof, shall be conveyed to or vested in any other person or persons, when the consideration shall not exceed $500 0.50 Exceeding $500 and not exceeding $1,000 1.00 Exceeding $1,000, for every additional amount of $500, or frac- tional part ti.erepf 0.50 654 ABBOTTS' FORMS. Bills. Certifleates. Bill of sale of personal property other than ship or vessel. (See Agreement.) , 0.05 Bond. — For indemnifying any person for the payment of any sum of money, where the money ultimately recoverable thereupon is one thousand dollars or less 0.50 Where the money ultimately recoverable thereupon exceeds one thousand doUars, for every additional one thousand dollars, or fractional part thereof in excess of one thousand dollars 0.50 Bond. — ^For the due execution or performance of the duties of any office.. 1.00 Bonds. — County, city and town bonds, railroad and other corpora- tion bonds, and scrip, are subject to stamp duty. (See Mort- gage-) Bond of any description, other than such as may be required in legal proceedings, or used in connection with mortgage deed and not otherwise charged in this schedule.(fls) 0.25 Certificates of loan, in which there shall appear any written or printed evidence of an amount of money to be paid on demand, or at a time designated, are subject to stamp duty as bills of exchange inland. Certificate ofstocTc in any incorporated company 0.25 Certificate of profits, or any certificate or memorandum showing an interest in the property or accumulations of any incorpo- rated company, ii for a sum not less than $10 and not exceed- ing $50 0.10 Exceeding $50 and not exceeding $1,000 0.25 Exceeding $1,000, for every additional $1,000, or fractional part thereof 0.25 Certificate. — Any certificate of damage or otherwise, and aU other certificates or documents issued by any port warden, marine surveyor, or other person acting as such 0.25 Certificate of deposit of any sum of money in any bank or trust company, or with any banker or person acting as such — If for a sura not exceeding $100. 0.02 For a sum exceeding $100 0.05 Certificate of qualification of a justice of the peace, commissioner of deeds or r.otary public ; or of school teachers. (when re- quired by State law), each 0.05 Certificate of the record of a deed or other instrument in writing, or the acknowledgment or proof thereof by attesting witnesses, either on the instrument itself, or upon the book Exempt. Certificate of search of records ; that certain papers are on file ; (o) "Where a bond requires no stamp witnesses, that it was executed in conneo- oy reason of its being given with a mort- tion with a mortgage-deed, and that the gage duly stamped, it is well' to note at proper stamp was affixed to the mortgage. he end, and before the signatures of the STAMPS. 655 Oprtifioates. Conveyances. that certain papers cannot be found ; of the sale of land for taxes ; of redemption of land sold for taxes ; of birth, marriage and death (when required by State law), each $0.05 Certified trcmseripW of judgment, satisfaction of judgment, and of all papers recorded, and of papers on file, each 0.05 Certifijxtte of any other description than those specified which may have any value in any court of law or equity 0.05 Charter Party. — Contract or agreement for the charter of any ship or vessel, or steamer, or any letter, memorandum or other writing, between the captain, master or owner, or person acting as agent of any ship or vessel, or steamer, and any other person or persons, for or relating to the charter of such ship or vessel, or steamer, or any renewal or transfer thereof, if the regis- tered tonnage of such ship or vessel, or steamer, does not ex- ceed one hundred and fifty tons 1.00 Exceeding one hundred and fifty tons "and not exceeding three hundred tons 3.00 Exceeding three hundred tons and not exceeding six hundred tons 5.00 Exceeding six hundred tons 10.00 Confession of judgment (see "legal documents"), for less than $100 0.05 Contract. — Broker's note, or memorandum of sale of any goods or merchandise, stocks, bonds, exchange, notes of hand, real es- tate or property of any kind or description issued by brokers or persons acting as such, for each note or memorandum of sale ■ 0.10 Conveyance.{V) — Deed, instrument or writing, whereby any lands, tenements or other realty sold shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the pur- chaser or ptirchasers, or any other person or persons by his, her or their direction, when the consideration or value does not exceed $500 0.50 When the consideration exceeds $500 and does not exceed $1,000 1.00 And for every additional $500, or fractional part thereof, in ex- cess of $1,000 0.50 Certificate of acknowledgment of deed, no duty. Conveyance or deed, made in a foreign country to be used in the United States, same duty as if made in the United States. In all cases of "conveyance" of real estat« (and w;hen the con- (J) 'Where there is a sale of land en- tlie grantee asRnmes to pay the mortgage cumbered by a mortgage, without a cov- debt, or takes the land subject to it, that enant by the grantee, express or implied, debt is properly estimated as a part of the to pay the mortgage debt, the stamp consideration, and the stamp will be such must be appropriate to the consideration as is appropriate to the whole \alnc of of the grant, of which considerat'ton the the lana. mortgage will not form a part. Where 656 ABBOTTS' POEMS. Entries. Leases. sideration is nominal) the stamps used must answer to the Talue of the estate conveyed. Entry of any goods, wares or merchandise at any custom-house, either for consumption or warehousing, not exceeding $100 in value $0.25 Exceeding $100 and not exceeding $500 in value 0.50 Exceeding $500 in value . . 1.00 Entry for the withdrawal of any goods or merchandise from bonded warehouse 0.50 Gnager'a returns, if for a quantity not exceeding 500 gallons gross 0.1 Exceeding 500 gallons gross 0.25 Insurance (lifb). — Policy of insurance, or other instrument hy whatever name the same shall be called, whereby any in- surance shall be made upon any life or lives — When the amount insured shalf not exceed $1,000 0.25 Exceeding $1,000 and not exceeding $5,000 in value 0.50 Exceeding $5,000 1.00 Insurance (maeinb, inland, and fiee). — Each policy of insurance or other instrument, by whatever name the same shall be called, by which insurance shall be made or renewed upon property of any description, whether against perils by the sea or by fire, or other peril of any kind, made by- any insurance company, or its agents, or by any other company or person, the premium upon which does not exceed $10 0.10 Where the premium exceeds $10 and does not exceed $50 0.25 Exceeding $50 0.50 Assignment or transfer of any policy of insurance rnust have affixed the same amount of stamp as the original document. Lease, agreement, memorandum or contract, for the hire, use or rent of any land, tenement, or portion thereof, where the rent or rental value is $300 per annum or less 0.50 Where the rent or rental value exceeds the sum of $300 per an- num, for each additional $200, or fractional part thereof in excess of $300 0.50 Upon each and every assignment of any lease, a stamp duty shall be required and paid equal to that imposed on the original in- strument, increased by a stamp duty on the consideration or value of the assignment equal to that imposed upon the con- veyance of land for similar consideration or value. Lease of coal or iron lands are subject to duty under head of " Con- veyance." Perpetual lease subject to stamp duty under head of " Conveyance," the stamp to be measured by resolving the annual rental into a capital sum. Clause of guarantee of payment of rent, incorporated or indorsed, additional duty of. 0.05 STAMPS. 657 Legal Documents. Mortgages. Legal domments.(c) — Writ, or other original process by which any suit is commenced in any court of record, either of law or equity $0.50 Where the amount claimed in a writ, issued by a court not of record, is $100 or over 0.50 Upon every confession of judgment, or cognovit, for $100 or over (except in those cases where the tax for the writ of a commencement of suit has been paid) 0.60 "Writs or other process on appeals from justices' courts or other courts of inferior jurisdiction to a court of record 0.50 Warrant of distress, when the amount of rent claimed does not exceed $100 0.25 When the amount claimed exceeds $100 0.50 Provided, That no writ, summons or other process issued by and returnable to a justice of the peace, except as hereinbe- fore provided, or by any police or municipal court having no larger jurisdiction as to the amount of damages it may render than a justice of the peace in the same State, or issued in any criminal or other suits commenced by the United States or any State, shall be subject to the payment of .stamp duties : Manifest for custom-house entry or clearance of the cargo of any ship, vessel or steamer, for a foreign port (except ports in .British North America), if the registered tonnage of such ship, vessel or steamer does not exceed 300 tons 1.00 Exceeding 300 tons, and not exceeding 600 tons 3.00 Exceeding 600 tons 5.00 Measurer's returns, if for a quantity not exceeding 1,000 bushels. . 0.10 Exceeding 1,000 bushels 0.25 Mortgage of lands, estate or property, real or personal, heritable or movable whatsoever, where the same shall be made as se- curity for the payment of any definite and certain sum of money lent at the time or previously due and owing or for- borne to be paid, being payable; also any conveyance of any lands, estate or property whatsoever, in trust, to be sold or (c) Suits are commenced in many States davits, is held to be a certificate, and snb- by other process than writ — viz., sum- jeot to a stamp duty of five cents. Where, raons, warrant, publication, petition, etc. — however, afBdavits arc made relative to in which cases these are regarded as the any petition, motion or other proceeding original processes, and severally require in any suit actually pending^ in any court, stamps. no stamp duty is chargeable thereon, in An appeal or instrument by which a consideration of the fifty cent stamp af- suit is transferred from a justice of the fi.\ed to the " original process," by which peace to a superior court is deemed origi- such suit was commenced. The fifty cent nal process, and subject to stamp duty as stamp afiSxed to the " original process," such. So are writs of scire facias. in the commencement of a suit, exempts The jurat of an affidavit, taken before all affidavits made or certificates issued a justice of the peace, notary public or imder it. other officer duly authorized to take aff 42 658 ABBOTTS' FORMS. Mortgages. . Powers, otherwise converted into money, which shall he intended only as security, and shall be redeemable before the sale or other disposal thereof, either hy express stipulation or otherwise ; or any personal bond given as security for the payment of any definite or certain sum of money exceeding $100, and not exceeding $500 ^ $0.50 Exceeding $500 and not exceeding $1,000 1.00 And for every additional $500, or fractional part thereof in ex- cess of $1,000 0.50 And whenever any bond or note shall be secured by a mortgage, but one stamp duty shall be required to be placed on such papers : Provided, that the stamp duty placed thereon is the highest rate required for said instruments, or either of them. On any warrant of attorney accompanying a bond or note, when such bond or note shall have affixed thereto the stamp or stamps denoting the duty required, no stamp will be required. Any assignment or transfer of any mortgage requires same stamp duty as the original document. Each and every bond or note, secured by a chattel or real estate mortgage, having paid a duty as prescribed above, no stamp duty is required on the mortgage securing the same. Original process, by which any suit is commenced in any court of record, either law or equity i . . . .0.50 The same in courts not of record where the amount claimed is $100, or over $0.50. Passage tiehet, by any vessel from a port in the United States to a ' foreign port (except of British North America), not exceed- ing $35 0.50 Exceeding $35 and not exceeding $60 1.00 And for every additional $50, or fractional part thereof, in ex- cess of $50 1.00 Pawner'' s checks 0.05 Pension Papers. — Powers of attorney and all other papers relating to applications for bounties', arrearages of pay, or pensions, or to receipt thereof. Exempt. Power of attorney for the sale or transfer of any stock, bonds, or scrip, or for the collection of any dividends or interest thereon. 0.25 Power of attorney OB peoxt, for voting at any election for officers of any incorporated company or society, except religious, charitable or literary societies, or public cemeteries 0.10 Power of attorney to receive or collect rent 0.25 Power of attorney to sell and convey real estate, or to rent or lease the same 1.00 Power of attorney, conveyance or document of any Idnd, made in any foreign country to be used in the United States, same stamp duty as is required on similar instruments made in the United States STAMPS. 659 Powers. Weigher's EetuniB. Power of attorney, to sell property in ease of default of sum cov- ered by and expressed in stamped mortgage Exempt, Power of attorney for any other purpose $0.50 Prolate of will, or letters of administration : where the estate and effects for or in respect of which such probate or letters of ad- ministration applied for shall be sworn or declared not to ex- ceed the value $2,000 1.00 Exceeding $2,000, for every additional $2,000, or fractional part thereof in excess of $2,000 0.50 Bonds of executors, trustees, administrators and guardians, each. 0.50 Letters of appointment Exempt. Certificate of appointment 0.05 Promissory Note. — See Bills of Exchange (inland.) _ Protest. — Upon the protest of every note, bill of exchange, ac- ceptance, check or draft, or any marine protest, whether pro- tested by a notary public or by any other oflScer who may be authorized by the law of any State or States to make such protest 0.25 Quit-claim deed should be stamped as " Conveyance," except when given as " Release of Mortgage," in which case it is exempt. Receipts for the payment of any sum of money, or for the pay- ment of any debt due, exceeding $20, not being for the satis- faction of any mortgage or judgment or decree of any court, and a receipt for the delivery of any property, except receipts issued by any persons, firms or companies doing business as an express or express company on the delivery of any prop- erty for transportation: Provided, that when two or more persons shall sign the same receipt, one or more stamps, equal in value to the several stamps required by this act, may be affixed to said receipt in lieu of said several stamps 0.02 Satisfaction of judgment 0.05 Sheriff's return on writ, or othei; process Exempt Trust-deed, made to secure a debt, containing a clause of defeas- ance, and operating as a mortgage, is to be stamped as a mortgage. Trust deed, conveying estate to uses, should be stamped as "con- veyance." Warehouse receipt for property, goods, wares or merchandise, not otherwise provided for, in any public or private warehouse, when the property or goods so deposited or stored shall not exceed in value $500 0.10 Exceeding in value $500, and not exceeding $1,000 0.20 Exceeding in value $1,000, for every additional $1,000 0.10 Warehouse receipts for any goods, merchandise or property of any kiud, not otherwise provided for, held on storage in any private or public warehouse or yard 0.25 Weigher^ returns, if for a weight not exceeding 5,000 pounds. . . 0.10 Exceeding 5,000 pounds 0.25 660 ABBOTTS' FOEMS. Subacriptions. CHAPTEE LXXXYIII. SUBSORIPTION PAPERS. Stibsceiption papers, like all other contracts, require botli a party to con tract with and a consideration, to make them valid and binding ; but, from their simple and informal nature, they are often defective in these respects, and sometimes prove entirely nugatory on this account. The object of the subscription should be clearly stated, the party to whom it is to be paid and the consideration. Where, however, the paper imports a request to the body who are to apply the fund, and they go on and incur liabilities on the faith of the subscription, the consideration may be inferred from the facts ; and in such a case, the subscription becomes binding from the time of the acts constituting the consideration. ' PAGB 1267. Subscription for a building 660 1268. Subscription to the support of a clergyman 660 1269. Subscription to endow a college 661 1267. Subscription for a Building. {a) We, the subscribers, agree to pay the sums set opposite our respective names, for the purpose of building a Presbyterian church at Glen's Palls ; said ohuroh to be built on the lot now occupied by the old Presbyterian church in said village. The amount to be subscribed, in cash, is to bo $5,000 ; the money to be paid to the trustees of said church, or to a build- ing committee to be appointed by the undersigned subscribers. The body of the church to be finished and famished uniformly ; the pews or slips are to be equally assessed, and rented annually ; and said assessments and rents to he paid and applied by said trustees in payment for the stated preaching of the gospel in said church and congregation, and expenses of said church. \Date.] [Signatures and sums.] 1268. Subscription to the Support of a Glergyman.(b) We, the subscribers, being members of the religious society in , and being desirous of raising a salary for the support of the Eev- (a) This form is sustained by Barnes v. 112. It i.s binding on the sabsoribers so > Ferine, 12 N. T. (2 Kern.), IS, wliere it long as S. F. oontiniies to administer the was held binding, upon the ground that gospel, and the subscribers to reside the trustees had gone on and removed within tlie distance of four miles, and the old building, and incurred expense could not be dissolved but by mutual on the faith of the subscription. consent, nor cease to be obligatory, until (4) This form is sustained by Eeligious the minister ceased to render the service Sooiety in Whitestown v. Stone, T Johns., stipulated. SUPER VISOKS. 661 Subscription Papers. erend S. F., as a minister of the gospel in said society, do, for this purpose, and for the consideration of one dollar received of the trustees of said so- ciety, before' signing this instrument, promise, covenant and engage, each one for himself, individually and severally, to and with the said trustees, that we win each pay to the said trustees, or such person as they shall ap- jioiut to receive the same, the sums respectively annexed to our names, to be paid annually, so long as the said S. F. shall administer the gospel in said society, and so long as we, the subscribers, shall reside within four miles of the meeting-house in said society, to be by the said trustees ap- plied for the sole purpose of paying the salary of Mr. S. F. The first annual payment shall be made at the expiration of one year after he shall be in- stalled or ordained in the said society, and in each and every year there- after. And this instrument shall not be obligatory on us in any manner, until the whole sum subscribed shall amount to the sum of dollars. [Bate.] [Signatures and sums.} 1269. Suhscription to Endow a College.{c) In consideration of the effort by the trustees of College to raise a fund of dollars, and their agreement to receive, hold and apply such fund as hereinafter provided, we, the subscribers, hereby bind ourselves to pay to the said trustees the sums opposite to our respective names, in four equal annual payments, the first to be made on the day of , 18 . The conditions of the subscription are the following : 1. That the moneys collected on it shall be permanently invested as a pro- ductive fund, the interest of which shall be applied to the payment of the salaries of the oflScers. 2. That we shall not be holdeu to pay the sum subscribed by us unless the aggregate of our subscriptions and of contributions to this object shall, by the day of , 18 , amount to dollars, nor until A. B., of , shall certify that, in his judgment, responsible subscriptions or con- tributions amounting to dollars shall have been made. [Date."] [Signatures and sumsj] CHAPTEE LXXXIX. SUPERVISORS. The supervisors of a county, as a board or body, and each supervisor in his own town, are regarded by the law as quasi corporations, so far as is necessary for the discharge of the duties prescribed by law. (c) Tlie statement of the consideration (Gomst.), 581, to obviate the objection we have inserted in this form, which is there held fatal, that no consideration wa« from the case of Stewart ». Trastees of expressed or could be implied. Hamilton College, 2 Ben., 403, 1 iK F. 662 ABBOTTS' FOEMS. Supervisors. Taxes. Their powers and duties are prescribed in detail by the statutes, which are very numerous, arid the general regulations are much qualified by local pro- visions for which the session laws must he consulted. Forms for supervisors' use in connection with the subjects treated in this volume, wiU be found in their appropriate chapters. PAGB 1270. AppointniRnt to fill vacancy 662 1271. Certificate to correctness of accounts '. 662 1270. Appointment to Mil Vacancy. Towsr OF , ss. Whebeas a. B., duly elected supervisor of said town at the annual town meeting held thereia on the day of > 18 , has neglected to take the oath of office prescribed in the sixth article of the constitution of this State, and to file the same as the law directs, by reason whereof the said office has become vacant : Now therefoee we, the undersigned, three of the justices of the peace of said town of , in pursuance of the statute in such case made and provided, hereby appoint 0. D., supervisor of said town of , to hold the said office until a successor be duly elected or appointed. [Signatures and seals^ 1271. Certificate to Correctness of Accounts. We, the undersigned, the justices of the peace and town clerk of the town of , hereby certify that we have this day examined the within [or, foregoing] account of A. B., supervisor of said town ; and we find the same in all respects correct and true, and that there is now a balance of dollars due from [or, to] him to [or, from] said town of , [Date^ [Signatures^ CHAPTEE XC. TAXES. The statutes of New York provide that the assessors of taxes are to use forms of assessment-rolls furnished by the comptroller of the State. Returns of unpaid taxes are also to be furnished by Mm. PAGH 1272. Notice of completion of assessment 668 127S. Affidavit to reduce tax on real estate , 663 1274. Affidavit to reduce tax on personal estate .- 663 1275. Oath of the assessors to the assessment-roll 663 1276. Notice by supervisor to collector, of the amount of taxes 664 1277. Bond of collector 664 1278. Approval by supervisor 664 1 279. Warrant for collection of taxes 664 1280. Collector's notice 663 TAXES. 663 Assessment. 1272. Notice of Completion of Assessment.{a) Notice is hereby given, tliat the assessors of the town of , have completed their assessment-roll for the year 18 , and a copy thereof is left with A. B., one of them at [here specify the place], where the same may he seen and examined by any person interested, at any time between the hours of a.m. and p. m., nntil the day of ,18 , on which day the undersigned assessors will meet at in said town, at o'clock in the noon to review their assessments, and will then receive the ap- plication of any person conceiving himself aggrieved. [Bate.} [Signatures^ 1273. Affidavit to JRedvce Tax on Real Eatate.Qi) County of , »s. A. B., of the town of , in said county, being duly sworn, says that the value of [here designate the real estate], which on the assessment-roU of said town, for the year 18 , is assessed to him and valued at dollars, does not exceed in value dollars. [Deponent farther says that he is a minister of th^ gospel, and the value of his whole real and personal estate does not exceed the sum of dollars.] SwoBN before me, this day 1 [Signature.] of , 18 . i [Signature of] Assessor.(c) 1274. Affidavit to Reduce Tax on Personal Estate. COTTNTY OV , SS. A. B., of the town of , in said county, being duly sworn, says that the value of the personal estate owned by him does not exceed the sum of dollars, after deducting his just debts((^ [and his property invested in incorporated companies liable to taxation]. SwoEN [etc., as above]. [Signatured] 1275. Oath of the Assessors to the Asssessment Roll. State of , ) )■ SS County of . J ' We, the undersigned, do severally depose and swear, that we have set down in the foregoing assessment-roll all the real estate situated in the (a) To be posted in three or more pub- People v. Supervisors of Westchester, 15 lie places in the town. £arh., 607 ; People v. Eoas, 15 How. Pr., (b) The affidavit as to value must be 63. positive. It is not enough to swear to (d) An afSdavit stating that the amount belief. People v. Supervisors of West- of the applicant's property does not exceed Chester, 15 Barb., 607. a certain sum, deducting debts and Ua- (c) The New York statute requires the biUties, is defective. X)ebts are mentioned affidavit to be taken before one of the in the statute, but liabilities are not. assessors. It is not satisfied by an affl- People v. Supervisors of Westchester, 15 davit taken before a justice of the peace. Barb., 607. 664 ABBOTTS' FORMS. Taxes. town of [or, Ward of the city of ], according to our best information ; and that, with the exc6ption of tliose cases in which the value of the said real estate has been changed by reason of proof produced before us, we have estimated the value of the said real estate at the sums which a majority ot the assessors have decided to he the full and true value thereof, and at which they would appraise the same in payment of a just debt due from a solvent debtor ; and also that the said assessment-roll contains a trae statement of the aggregate amount of the taxable personal estate of each and every person named in such roll, over and above the amount of debts due from such persons respectively, and excluding such stocks as are other- wise taxable, and such other property as is exempt by law from taxation, at the full and true value thereof, according to our best judgment and be- lief. [Signatures of assessors.] I certify that the foregoing was severally subscribed and sworn by said assessors before me, this day of , 18 . [Signature of] Justice of the Peace. 1276. Notice hy Supervisor to Collector, of the Amount of Taxes. To A. B., collector of the town of : You are hereby notified that the amount of taxes to be collected by you in said town of , for the current year, is dollars and cents. [Date^ [Signature^ 1277. Bond of Collector. [Penal clause funning to the supervisor of the town {see p. 213), ami in a penalty double the a/mount of the taxes.] The coNDiTioir of this obligation is such, that whereas the said A. B. has been chosen [or, appointed] collector of said town, and has received [or, will receive] the assessment-roll of said town, for the purpose of coUeoting the taxes therein named, amounting to the sum of dollars : now, therefore, if the said A. B. shall faithfully execute the duties of said collect- or, then this obligation to be void ; otherwise, to remain in fuU force and virtue. In presence of [Signatures.] [Signature of witness^ 1278. Approval dy Supervisor. I approve the within bond and the surety [or, sureties] therein, [Bate.] [Signature.] 1279. Warra7it for Collection of Taxes. OOUNTT off , ss. The People of the State of New York to A. B., collector of the town of , in said county : You are hereby commanded to collect from the several persons named in the as»essment-roll hereunto annexed and herewith delivered to yon, th* TAXES. 665 Custom-house Power. several sums mentioned in the last column thereof opposite to their respec- tive names [also to collect the sum of 50 cents, as commutation tax, from every person appearing by said assessment-roll liable to pay the same ; and ■when the name of any person between the ages of eighteen and twenty-one years shall appear in said roll liable to pay said commutation tax, you are hereby further directed to collect the said sum of 50 cents of the father, master or guardian with whom snch person shall reside, or out of any prop- erty such minor may have in the town]. And on all sums of taxes received or collected within thirty days after giving the notices required by the 29th section of the act of May 10, 1845, chapter 180, and the acts amending the same, yon are directed to receive and collect, in addition to the taxes named in the said assessment roll, cents on every dollar of tax, for your fees for collecting the same. And on all sums of taxes remaining unpaid after the expiration of thirty days from posting the notices specified in said act, you are directed to receive and collect, in addition to the said tax so re- maining unpaid, five cents on every dollar for your fees for collecting the same. Ajid you are hereby directed out of the moneys so collected to pay on or before the day of , 18 [here insert directions as to wJiat officen the moneys are to be paid to, and the amount to be paid to each]. And in case any person named in the assessment- roH shall neglect or re- fuse to pay his taxes or the fees for collecting the same (after the notice allowed by law)^ you are hereby authorized to levy the said taxes and foes as aforesaid, by distress and sale of the goods and chattels of such person, together with the costs and charges of such distress and sale ; and for so doing this shall be your sufficient warrant. Given under our hands and seals, this day of , 18 . ^Signatures, titles and seah,"] 1280. OoUector^s Notice. Notice is hereby given, that the undersigned, the collector of taxes in and for the town of [or, Ward of the city of ], have received the warrant for the collection of the taxes for the pi*esent year ; and that I will attend at [specifying the place], in said town [or, ward], on day of each week, for thirty days from the date hereof, from nine o'clock in the forenoon until four o'clock in the afternoon, for the purpose of receiving payment of taxes. [Bate.] [Signuture.] 666 . ABBOTTS' FORMS. Towns. CHAPTEE XOI. TOWNS. To'WNSHiPS, or towns, as they are designated in the laws of New York and Bome other States, in contradistinction to cities and other municipalities incor- porated by special charters, for the most part administer their affairs according to general laws applicable throughout the State at large. There are many exceptions to this, however, arising where local statutes exist affecting one or more towns. The following forms relate to the ordinary cases of proceedings in the ad- ministration of town affairs. Special subjects, such as Disorderly Persons, EsTRATS, Fences, Highways, Poor Laws and Schools, are the subject of separate chapters. FAOB 1281. Call for a special town meeting 666 1282. Notice of intention to propose resolution to build new town-house 666 1283. Notice to board of supervisors, of resolution to raise money for new town- house 667 12Si. Eesolntion of the board of supervisors ■. 667 1283. Division of a town into election districts, or alteration of the districts 667 1286. Notice of supervisor or town clerk, calling meeting to fill vacancy in o&ae of inspector of elections 667 1287. Appointment of an inspector of elections to fill a vacancy 667 1288. Notice of acceptance of resignation of a town officer 668 1289. Affidavit to be attached to an account presented for audit 668 1290. Certificate of toVifn auditors 668 1291. Abstract of claims presented to the town auditors for audit. 668 1281. Gall for a Special Town Meeting. To the clerk of the town of : The undersigned persons, who are by law eligible to the office of super- visor, require a special town meeting to be called for the purpose of \here ttate the object], and request you to give due notice thereof, to be held on the day of , at o'clock in the noon, at the [JDaie.] [Signatures.] 1282. Jfotioe of Intention to' Propose Resolution to Build New Town-ffouse. Town of Notice is hereby given that at the annual town meeting, on the day of next, the undersigned wiH propose a resolution, authorizing the sum of dollars to be raised for the purchase of a site for, and the building of, a town-house, in said town. [Bate.] ISignatvre.] TO WIS s. 667 Election Districts. Inspectors. 1283. Notice to Board of Supervisors, of Sesohttion to liaise Money for New Town-House. To the board of supervisors of the county of : The electors of the town of , in which there is now no town-house, md the number of electors in which town ia , adopted the following resolution, after due previous notice, at a meeting held on the day of \.Oopy of resolution.] [Date.] [Signatures of justices who presided.] 1284. Resolution of the Board of Supervisors. Eesohed, That the question of raising the sum of dollars in the town of , for the purchase of a site for, and the buUding of, a town- house, in said town, voted upon at the last annual town meeting held therein, be again submitted to the electors thereof, at the next annual town meeting. 1285. Division of a Town Into Election Districts, , or Alteration of the Districts. Town of , ss. "We, the undersigned, composing the board of town oflSoers of , do hereby certify that we have divided the town into [thi-ee] election districts [or, that we have altered the existing election districts in said town, so that it now consists of election districts], which are numbered and bounded as follows — viz. : Number one, bounded [desaribing each district]. [Signatures and titles^ 1286. Notice of Supervisor or Town Cleric Calling Meeting to Fill Vacancy in Office of Inspector of Elections. You are hereby notified to attend a meeting of the supervisor, town clerk, and justices of the peace, of this town, appointed by me to be held at the office of , on the day of , at o'clock in the noon, for the purpose of filling a vacancy in the office of inspector of elections, in election district number , in said town. [Date.] [Signature.] [Address]. 1287. Appointment of an Inspector of Elections to Fill a Vacancy. Town of , ss. A. B. is hereby appointed &n. inspector of elections in and for election district number , in said town, to fill the vacancy occasioned by [Jiere ttate cause of vacancy, naming the previous incumbent]. Given under our hands, this day of , 18 . [Signatures.] 668 ABBOTTS' FORMS. Audit of Claims. 1288. N'otiee of Acceptance of Sesignation of a Town Officer. To the town clerk of the town of : Yon are hereby notified, that we, the undersigned, justices of the peace of the said town, have, for good cause shown, accepted the resignation of A. B. [here designate also Ms office}, of said town. {Bate.} [Signatures of justices.] [Appointment to fill a vacancy may ie as in Form 1270.] 1289. Affidavit to ie Attached to an Account Presented for Audit. OotlNTT OP , ss. A. B., of , being duly sworn, says, that the items for services and disbursements mentioned in the foregoing account by him presented [or, claimed], are in all respects correct ; that such disbursements and services have in fact been made or rendered, or are necessary to be made or rendered at this session of the board ; and that no part thereof has been paid or satisfied. SwoEN to, this day of ) [Signature of deponent.} , 18 , before me ) [Signature of] Chairman of the Board of Auditors of the Town of , 1290. Certificate of Town Auditors.{a) CoTTSfTT OP , ss. We, the undersigned, composing the board of town auditors of saia town, hereby certify, that we have this day audited and allowed to A. B. [desig- nating Ms office, if any]j by whom the foregoing account has been presented to us, the sum of dollars, as and for his services as such [and the disbursements necessarily paid out by him in the discharge of his duties], up to, and including, the day of , instant ; and that we find a balance of dollars and cents, to be due from [or, to] the said A. B., to [or, from] the town of [Bate.] [Signatures.} 1291. Abstract of Claims Presented to the Town Auditors, for Audit. Absteact of the names of all persons who presented accounts to be audited, to the boaa-d of town auditors of the town of , on the day (a) Tliis form is sustained by People v. town auditors, be signed with their official Supervisors of Queens, 1 IIUl, 195. It is additions, nor state that they met at the not essential that a certificate purporting, the time and place prescribed by law. by its erms, to be made by a board of TRUSTS. 669 General Priiiciplos.' of ) 18 , with the amounts claimed hy each, and the amounts finally audited. TITLE OF OFFICES, OB NATUEB OF CLAIM OE SKETIOES. AMOUNT CLAIMED. AMOUKT AUDITED. Vfe hereby certify that the foregoing abstract is correct. [Date.^ [Signatures.] CHAPTEE XOII. TRUSTS. A TRUST is a, confidence reposed in one person, who is termed the trustee, for the benefit of another, who is called the cestui que trust ; and it is a confidence respecting property, which is thus held by the former for the benefit of the latter. -Out of this confidence arise two estates in the property which is the subject of it ; a legal estate in the trustee, which consists essentially in obliga- tion ; and an equitable estate in the cestui que trust, which consists in right and beneficial enjoyment.(a) By the provisions of the Revised Statutes of the State of New York, which have been in substance adopted in some other States, all trusts in real property, except trusts resulting from implication of law, and except also certain enu- merated express trusts, are abolished ; and every person entitled to the possession of laud, and to the receipt of its rents and profits, is declared to have a legal estate therein commensurate with his beneficial interest. Express trusts are therein defined, and the purposes for which they may be created, enumerated ; and minute provisions are inserted to guard them and prevent thSir being abused to the injury of creditors and iona-fide purchasers. Trusts which are not authorized as trusts by these provisions, operate, if at all, as powers in tTust. The objects for which express trusts in lands may be created are thus defined by the statute. 1. To sell lands for the benefit of creditors. 2. To sell, mortgage or lease lands for the benefit of legatees, or for the purpose of satis- fying any charge thereon. 3. To receive the rents and profits of lauds, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules of the statute as to the creation of estates. 4. To receive the rents and profits of lands, and to accumulate the same, for purposes and within the limits prescribed by the statute for the suspension of the absolute power of alienation. A trust to receive the rents, profits and income of property, and to pay them to the cestui que trust, is valid as a trust to apply them to his use, within the statute. Express trusts of personal estate may be created for any purpose which is not illegal, for the Revised Statutes have not defined the purposes for which they may be created. By the Statute of Frauds, as generally enacted in this country, assignments of property in trust must be in writing, subscribed by the jjarty or his agent. In other cases than assignments or conveyances in trust, it is not essential to the creation of a trust, even in lands, that a deed or written instrument be executed. A person in the legal possession of money or property, acknowledging a trust, becomes from that time a trustee, if the acknowledgment is founded on (a) Bu/rrill'a Law Diet., tit. Tkust. 670 ABBOTTS" FORMS. Declarjition of Trust. a valuaWe or meritorious consideration. But to render the obligation of a trust in real property enforceable, it must be manifested or declared by some writing signed by tlie trustee. And although, it is not essential that the Writing by which the trust is manifested and proven should be in any par- ticular form, the nature of the trust, and the terms and conditions of it, must siiflBciently appear, so that the court may not be called upon to execute the trust in a manner diflferent from that intended. Trusts are usually created by Assignments for Creditoks, Deeds or Wills, and for the forms appropriate to this purpose, the reader is referred to those chapters. 1 292. Declaration of trust in personal property 670 1293. Declaration of trust in lands 670 1292. Declaration of Trust in Personal Property. I, A. B., of , in consideration of , hereby acknowledge and declare, that I am possessed of [ten shares of the capital stock of the 0. D. Company, numbered from one to ten inclusive], in trust, and for the only benefit and advantage of Y. Z., of , his executors, administrators and assigns, the same having been purchased with the moneys of the said Y. Z., and my name, as to the said shares, and all the income thereof, from hence- forth to grow due or accrue, is used only in trust for the said Y. Z. And I, for myself, my executors and administrators, hereby covenant with the said Y. Z., his executors, administrators and assigns, that I and they shall and will, at any time hereafter, at the request and costs of the said Y. Z., his executors, administrators and assigns, assign and transfer the said shares to him, or them, or order. [Signature.] [Bate.] 1293. Declaration of Trust in Lands. To all to whom these presents shall come, I, A. B., of , send greet- , ing: Whbeeas, 0. D., of , has, by his deed bearing even date herewith, for the consideration of dollars, granted and conveyed to me in fee- simple, all [etc., here insert description], as by said deed will more fully ap- pear : And whereas I have this day executed and delivered to said 0. D. a mortgage upon said premises, as collateral security for the payment of my bond, conditioned for the payment of dollars [here state terms], to secure a part of the consideration money expressed in the said deed. Now, KNOW TK, that I, the said A. B., do, by these presents, make known, admit and declare, tbat said premises were so conveyed to me, and that I now hold, and will continue to hold, the same, in trust only, for the use and ben- efit of Y. Z., son and heir-at-law of , deceased, his heirs, executors and administrators, and that I have no beneficial interest therein, except what may arise by legal or equitable implication from the circumstance of my having executed the said bond and mortgage. And I do further ad- mit, that the residue of the consideration money expressed in said deed to me — to wtt, the sum of dollars — was paid by W. X., , for the benefit of said Y. Z. And I do, for myself, my heirs, executors and TTJRNPIEE OOMF'ANIES. 671 Articles of Association. administrators, covenant and agree to and with said "W. X. and Y. Z., and each of them, and with their and each of their executors, and administra- tors and assigns, that I, or my heirs, shall and will convey the said premises, by a good and sufficient deed, to the said Y. Z , or his assigns, as he or they may direct or require, whenever and as soon as the said mortgage, so executed by me, shall have been paid off and discharged, or otherwise fully secured to me, and that free, clear and discharged of and from all and every encumbrance thereon by me or my heirs. And that f, or my heirs, shall not do, or knowingly suffer or permit, any act, deed, matter or thing, whereby said premises can, shall or may be in any wise impaired, injured or encumbered, in title, interest, charge, estate or otherwise, however. In witness [etc., as in Form 1228]. OHAPTEE XCni. TtJENPIKE COMPANIES. Companies for the construction of turnpikes and plankroads may be formed under the general laws of the State of New York, by any number of persons not less than five. The statutes prescribe in detail the modes of proceeding to form such corporations, and to lay out the road. ♦ FAOB 1294. Articles of association 671 1293. Notice that the books are open for subscription 672 1296. Affidavit of directors as to subscription 672 1297. Application to supervisors to lay out road 672 1298. Notice of application to supervisors 673 1299. Consent of land owners to use of highway 673 1800. Belease of right of way, by supervisor and highway commissioners 673 1294. Articles of Association. Articles of association made this day of i 18 , between the subscribers : 1. The undersigned hereby form themselves into a corporation for the purpose of constructing, owning and keeping in repair a plankroad from to , to be called and known as the Company, and to continue for the period of years from the date hereof. 2. The amount of capital stock of said company shall be dollars, and shall consist of shares, of dollars each. 3. The affairs of the company shall be managed by a board of directors ; the first directors, until others are legally chosen, shall be [here tnsert riames]. 672 ABBOTTS' FORMS. Superscription. 4. The said road is to be constructed from [here designate the route, ter- mini, etc.] 5. The bona-flde stockholders owning a majority of the capital stock of said association may, at any legally notified meeting of the members there- of, adopt, alter or amend such by-laws as are proper for the regulation of the affairs of the corporation. 6. The directors shall issue scrip to those entitled to stock in said com- pany when per cent, on the amount of such stock shall have been paid by them thereon ; the scrip to be signed by the president, and counter- signed by the secretary ; and the treasurer shall indorse upon the scrip held by any stockholder all sums paid by him thereon, and the time when paid. IDate.J' NAMES OF SUBS0EIBEE8. PLACE OF EBSIBBNOE. NIJMBEE OF 8HABE8. 1295. NbUce that the Books are Open for Subscription. Notice is hereby given, that books for subscribing to the capital stock of the [name of road] to be constructed from [here specify the termini and route], will be opened at , in the town of , between the hours of and , from the day of to the day of , inclusive. [Date.] [Signature.] 1296. Affidavit of Directors as to Subscription. County op , ss. A. B., 0. D. and E. F. being severally sworn, say, that they are the direc- tors of the Company, and that the amount of capital stock required by the first section of the " Plankroad Act," passed May Y, 1847, being at least $500 for every mile of the road intended to be built by said company, has been subscribed in good faith, and that at least 5 per cent, on such amount has been paid in cash to the directors of said company for the pur- poses specified in said act. SwoEN [etc., as in Form 1115]. [Signatures.] 1297. Application to Supervisors to Lay Out Road. To the supervisors of the county of : The directors of the Company hereby apply to you for authority to lay out and construct a plankroad from [specifying route, width and ter- mini], and to take the real estate necessary for such purpose; and that commissioners may be appointed to lay out said road. [Date.] [Signature of] President. [Signature of] Secretary. WAEEANTS. 673 Eight of Way for Turnpike. 1298. Notice of Application to Supervisors. Notice is hereby given, that application will be made to the Board of Supervisors of the county of , at their [annual] meeting to be held at , in the county of , on the day of i 18 , for their assent to the construction of a plank [or, turnpike] road, from the of to the of , in said county. [Date.} [Signature.] 1299. Consent of Zand Owners, to Use of Highjoay. The tjndeesignbd, owners of land along the highway leading from to , and residing on said highway, hereby consent to the constrnction of a turnpike [or, plank] road upon the said highway. [Date.] [Signatures!] 1300. Release of Eight of Way, iy Supermorand Mighway Commissioners. Tms AGEEEMENT, made this day of , between A. B., supervisor, of the town of , in the county of , and 0. D. and E. F., commis- sioners of highways of said town, of the first part, and the Com- pany of the second part, witnesseth : That the parties of the first part grant and convey unto the parties of the second part, in consideration of dollars to them in hand paid by the parties of the second part, the receipt whereof is hereby acknowledged, the right to use and occupy the highway [describing the route], for the purpose of constructing, owning and using a road thereon, during the time it shall be needed or required therefor by the said company. In witness wheeeof, the parties of the first part have hereunto set their hands, this day of , 18 . In presence of [Signatures and titles.] [Signature of witness,] CHAPTER XCIV. WAEEANTS. A WABKANT is a written authority from a court or magistrate authorizing and directing the officer to whom it is addressed to do some act. At common law, a seal is deemed essential to a valid warrant ; but the statutes often au- thorize warrants in particular cases without seal. A warrant should be ad- dressed to some officer, but it may designate him by name, or may be directed to any of several officers of a class. Various forms of warrants adapted to particular proceedings will be found in their places in other chapters. 43 674: ABBOTTS' FOEMS. General Principles, CHAPTER XOV. WILLS. The power to make wills and mode of executing them, vary somewliat in the different States. At common law, all persons except infants, married women and persons of insufficient mind, may make wills of real or personal property ; and infants of the age of fourteen, if males, and twelve, if females, may make wills of personal property. But this rule has been generally modified hy statute. In New York, the statutes are to the effect that all persons except idiots, persons of unsound mind and infants, may devise their real estate ; and that males of the age of eighteen, and females of the age of sixteen, of sound mind and memory, may bequeath their personal estate, thus increasing the restriction which the common law laid upon infants, but removing the disability of mar- _Tied women. Unsoundness of mind does not absolutely disqualify a person. If there is a sufficient degree of mental capacity to exercise the power of legal choice, or if there are lucid intervals, ia one of which the will is made, or if the iu.sanity relates only to special subjects not within the scope of the testamentary act, the will may be sustained, if intelligent action in making it is shown. A gift of real property is termed a devise : a gitt of personal property, a bequest or legacy. All persons may take personal property by bequest, and aH persons capable in law of holding real property may take real property by devise. ^ Corporations, however, cannot take real property by devise, unless they are specially authorized to do so by their charters or other laws. And by a recent act in New York, it is provided that, no person having a husband, wife, child or parent, shall devise or bequeath to any benevolent, charitable, literary, scien- tific, religious or missionary society, association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of debts ; and such devise or bequest shall be valid to the extent of one-half and no more.(a) I'orin,. — No particular words are necessary to constitute a will. With an exception in favor of soldiers and sailors, who &om necessity the law allows to make wUls verbally — called nuncupative wills — there must be a vsTitten statement of the testator's wish, signed by him. Any statement, however, which makes the testamentary character apparent, is sufficient to give the instrument the character of a will. In no case does a wUl have any operation until the testator's death. And it may be made upon condition, so that even then it vrill not take effect except under the circumstances specified. Two persons may make a conjoint or mutual win. It is very common to commence wills with a formal preamble, reciting the testator's capacity to make a will, and the feelings which move him to the act. These phrases are not, however, of any legal efficacy, and may be inserted or not at pleasure. Execution. — As to the manner of the execution of wills, the law is precise and stringent. The statutes enacted in the United States generally require that wills must be signed in the presence of two witnesses, and in many of the (a) LawB of 1860, 607, oh. 860. WILLS. 675 Goneral Principles. States three witnesses are required. But in a few States an exception to this rule is made where the will is wholly in the handwriting of the testator, especially if it be found among his papers, or disposes only of personal property. A seal is usual, but is not always required by the statutes, and when not so required is not necessary to the validity of the will, except the will contain an appointment in execution of a power requiring a seal. A mark may be a sufficient signature for the testator or for a witness ; but it is preferable to have a witness who can write his name. In general, a beneficial devise or bequest to a subscribing witness is void, unless there are the requisite number of other competent subscribing witnesses, so that the will is proved without resort to the testimony of the interested vritness. It is usual and proper, but not essential, to write at the end of the wiU, be- low or at one side of the testator's signature, a statement of the place, time, pur- pose and circumstances of the signatures and execution, and to let the witnesses sign below. This statement is called the attestation clause. The advantage of such a statement is in facilitating the probate of the will. If a witness has no recollection of his attesting the will, but recognizes his name under such a statement as written by himself, and testifies that he should not have written it there had he not known the statement to be true, the courts wiU generally receive this as supplying his defect of memory. The attestation must, except in a few States, be in the presence of the testator, but need not necessarily be in the same room, if he is so placed as to see the act. Against the name of every vritness Jus residence or address should be written. In some of the States this is required by law, and in all cases it is convenient ; but the absence of this, even where it is required, does not iavalidate the wUl. The rules prescribed by statute in the various States, for the attestation of wills, are stated in alphabetic order at the end of the chapter. I. Wills amd special clauses. page 1301. Short form 676 1802. A will bequeathing several legacies, and appointing a residnary legatee 676 1303. A will of real and personal estate 677 1804. Pecuniary legacy 678 1305. Legacy of furniture 678 1806. Legacy of dress and ornaments to wife 678 1807. Legacy of furniture, etc., to wife, during life or widowhood 678 1808. Legacy of furniture to be divided amongst children 678 1309. Legacy of a debt 678 1810. Legacy of a share under another person's will 679 1311. Bequest of jewels, etc., to wife, and of estate in boasetiold effects for life or widowhood 679 1312. Bequest of the good-will of a business 679 1813. Legacies to children, with directions for investment 6T9 1314. Legacy to an infant, to be paid to his father 630 1815. Legacies to executors 680 1816. Pecuniary legacy to a married woman 680 1817. Bequest in trust for unincorporated society 680 1318. Bequest to a corporation 680 1319. Bequest on condition 681 1320. Direction that legacies shall be paid, free from duty 681 1821. Direction that certain legacies shall be paid in full, in priority to the others 681 1822. Declaration that legacies shall not be in satisfactio.u of debts 681 1823. Provision that, if a legatee is dead, the legacy shal' go to his execu- 681 tors or admluistrators 63; 676 ABBOTTS' FORMS. Wills. FAeX 1321. Declaratioa that money advanced by the testator daring his life, to hia children, shall be deducted from their portions or shares of his estate C81 1325. Declaration that advancement shall not be in satisfaction of portions. 682 1326. Authority to executors to defer calling in a debt 682 1827. Bequest of an annuity to be purchased 682 1828. Direction as to payment of annuities 682 1329. Bequest of fund with power of appointment '. 682 ISSO. Devise of hovTse and lands to sou on his attaining twenty-one, with power to trustees to apply rents and-proflts of estate during minority of son for his benefit 683 1831. Devise to executors in trust, with power to sell, etc 684 1332. Power to arrange and compromise 68-1 1333. Directions lo executors .is to winding up testator's partnership business '. 684 1834. Clause concerning disputes 683 1385. Clause releasing debts due 685 1336. Appointment of executors 68.5 1837. Attestation clause describing execution 636 1338. Attestation of will according to the laws of England 686 n. C0DI0II.S. 1339. Codicil adding a new provision 686 1840. Codicil appointing a trustee and executor in the place of a deceased trustee and executor appointed by the testator's will 686 1841. Codicil revoking the appointment of one of trustees and executors, and appointing a new one in his place 687 1342. Codicil appointing an additional trustee and executor 687 III. InSTBUOTIONS fob execution according to the laws of the TASIOtTS STATES, ALFHABETICAI.LT ABBANOED. I. Wills and Special Olattsm. 1301. Short Form. The will of A. B., of , [mercliaiit]. 1. I give, devise and bequeath all my property, bofli real and personal, to C. D. [revoking all former wills]. 2. I appoint E. F. the executor of this wUl. \I)ate.'\ [%no*we.] [SignaPwres of witnesses, with or without attestation olauae^for which see Form 13a7.] 1302. A Will Bequeathing Several Legacies, md Appointing a Sesiduary Legatee. I, A. B., of , [merchant], declare this to be my last will and testa- ment. 1. I bequeath to my wife, 0. B., all the fixtures, prints, books, plate, linen, china, wines, liquors, provisions, household goods, furniture, chattels and effects (other than money or securities for money), which shall at my death be in or about my dwelling-house and premises at WILLS. 677 Eeal and Personal Estate. 2. I bequeath to my said wife the sum of dollars, to be paid to her within one month after my death, without interest. 3. I also give and bequeath to my said wife the sum of dollars(J). 4. I also bequeath the following legacies to the several persons hereafter named : To my nephew, E. F., the sum of dollars ; to my cousin, G. H., the sum of dollars ; and to my friend, J. K, the sum of dol- lars \and so 3n with other pecuniary legacies]. 5. I also bequeath to each of my domestic servants who shall be living with me at the time of my death in the capacity of [state the description of servants to whom the legacies are to le given] one year's wages, in addition to what may be due to them at that time. 6. AH the rest, residue and remainder of my real and personal estate I devise and bequeath to K. S., his heirs,- exe(iutors, administrators and as- signs, absolutely forever. 7. I appoint T. U. and V. "W. executors of this my will. In witness [etc., as in Form 1337]. 1303. A Will of Seal and Personal Estate. I, A. B., of the town of , in the county of , and State of , [merchant], declare this to be my last will and testament : 1. I give and bequeath to my wife, 0. B., dollars, to be received by her in lieu of dower. 2. To my son, E. B., dollars [which said several legacies I direct to be paid within after my decease]. 3. I give and devise to my son, E. B. aforesaid, his heirs and assigns, all \here designate the property], together with all the hereditaments and ap- purtenances thereunto belon^g or in any wise appertaining: to have and to hold the premises above described to the said E. B., his heirs and assigns, forever. 4. I give and devise all the rest, residue and remainder of my real pi-op- erty, of every name and nature whatsoever, to my said daughter, M. B. [and my daughter, O. B., to be divided equally between them, share and share alike]. 5. I give and bequeath all the rest, residue and remainder of my personal property, of what nature or kind soever, to my said wife, 0. B. 6. I hereby appoint E. B. the sole executor of this will, revoking all for- mer wills by me made. In wrcNESs [etc., as in Form 1337]. (i) The object of leaying two legacies small legacy sufficient for current ex- to the wife is, that the executor will prob- penses, although he might not be able to ably be able to ascertain in a short time pay the second, which may be made suf- whether the estate be solvent, and may licieut for a permanent provision for the then have the means of paying the wifo a wife. 678 ABBOTTS' FORMS. Legacies. 1304. Pecuniary Legacy. I bequeath to my said wife the sum of dollars [to be paid to her within month after my death]((!) 1305. Legacy of Fumitwre. I give and bequeath to [name] all the household furniture, books, works of art, and other chattels and effects, together with wines, liquors, fuel, housekeeping proviaons and other consumable stores, which shall at my decease be in or about my dwelling-house at , except [stating reser- vations, if any — e. g. .•] money and securities for money, evidences of debt and of title, and accounts, vouchers and manuscripts. 1306. Legacy of Dress and Ornaments to Wife. I give and bequeath to my wife [nam,e\ absolutely all her paraphernalia, wearing apparel and linen, and the watches, rings, trinkets, jewels and per- sonal ornaments usually worn by her, or reputed to belong to her. 1307. Legacy of Furniture, etc., to Wife During Life or Widowhood. I give and bequeath to my wife during her life, and so long as she shall remain a widow, the use of all \etc., as aiove]. And afteir her decease or remarriage, I give and bequeath the same to [name] absolutely if he [or, she] should be hving at the decease or remarriage of my wife ; but if he [or, she] should be dead, then to [several parties may here he named in suc- cession; or, in case the will has directed the testator's property to be sold, and the proceeds held in trust, say : and after her decease or remarriage, I direct my executors and trustees to sell the same, and add the proceeds to the trust-fund, under this my will]. 1308. Legacy of Furniture to he Divided Amongst Children. I bequeath to my children who shall be living at the time of my death all [etc., as above], equally to be divided between them ; and if any dispute should arise with respect to the division, I authorize my executors to dis- tribute the said effects equally amongst my said children. 1309. Legacy of a Debt. I bequeath to A. B. any debt which, at the time of my decease, shall be owing from him to me, together with any interest then due thereupon. (c) The general time for payment of in the text, a direction should be added legacies is not till twelve months after as to its payment within a limited time, the testator's death. If the legacy be as above, given for present purposes, as in the case WILLS. 679 Legacies. 1310. Legacy of a Share Under Another Person's Will. And whereas under the will of [name] I am entitled to a share in his residuary personal estate, I bequeath the said share to [name]. 1311. Bequest of Jewels, etc., to Wife, and of Estate in Household Effects, for Life or Widowhood. I give and confirm to my dear wife all the jewels, trinkets and personal ornaments worn or used by her during my lifetime ; and I also give to her all my wines, liquors and other consumable stores, and all my horses and carriages, for her absolute use and benefit. I give all my plate and plated articles, books, pictures and prints unto my said wife, to use and enjoy the same during her life, if she shall so long continue my widow; and from and after her decease or second marriage (whichever shall first happen), to such son of me as shall first attain the age of twenty-one years. I give my lease- hold dwelling-house, being No. , etc. [describing it], and all my furniture and household efiects being in or about or appropriated or belonging to the said dwelling-house, other than and not being plate or plated articles, books, pictures or prints, unto my said wife, to occupy the said dwelling-house, and to use and enjoy the said furniture and household effects during her life, if she shall so long continue my widow, she paying the ground-rent, and all taxes and outgoings payable in respect of the said dwelling-house, and observing and performing the covenants contained in the lease under which the same is or at my decease shall be held. And I declare that from and after the decease or second marriage of my said wife (whichever shall first happen), the said dwelling-house, furniture and household effects shall sink into and form part of my residuary estate. 1313. Bequest of the Good-will of a Business. I give and bequeath the good- will and benefit of the business of , which I am now carrying on at , and also all my capital and property which shall be employed therein at my decease, and also the leasehold premises situate and being No. , at , aforesaid, wherein the said business is now being carried on, for aU my term and interest therein, unto my son , absolutely. 1318. Legacies to Children, With Directions for Investment. I bequeath to each of my children, 0. D., E. F. and Gr. H., the sum of dollars, with interest at the rate of per cent, per annum, from my death till the payment thereof, such interest to be paid half-yearly. And I hereby declare, that if my said daughter, G. H., shall be under twenty-one years at my death, and shall not have married, the legacy hereby given to her shall be retained by my trustees hereinafter named, their executors or administrators, upon trust, to pay the same to her when she shall attain twenty-one years or marry ; and upon trust in the mean time to pay the in- ^80 ABBOTTS' FOEMS. Legacies. terest of such legacy to her, and her receipt, notwithstanding her iniVmcy, to be an effectual discharge for the same ; and if the said G. H. shall n jt at- tain twenty-one years or marry, the same legacy shall, upon her death, sink into my residnary estate, (di) 1314. Legcicy to An Infant, to ie Paid to Eia Father. I bequeath to 0. D., of , the sum of dollars ; and if the said C. D. shall be under twenty-one years when the same legacy shall be pay- able, I direct the same legacy to be paid to his father, E. D., of, etc., to be managed by Mm at his discretion, for the benefit of his said son, till he shall attain twenty-one years ; in such case the receipt of the said E. D. to be an effectual discharge for the same legacy. 1315. Legaaiea to Executors. And I do hereby nominate and appoint the said 0. D. and E. F. executors of this will. And I bequeath to such of them as shall act in the execution of this my will the sum of dollars apiece.(e) 1316. Pecuniary Legacy to a Married Woman. I bequeath to A. B., wife of 0. D., the sum of dollars. And I de- clare that said sum shall be for her sole and separate use and benefit, and that her receipt, notwithstanding her present or any future marriage, shall be a valid and effectual discharge of the same. 1317. Bequest in Trust for Unincorporated Society. I give and bequeath to A. B. and 0. D., and to their successors forever, the sum of dollars, in trust, for the benefit of snob undergraduate students of the ooUegiate department of the University of , as shall ie, or shall from time to time become, members of a literary association or society now organized among said students, and known as the Society, of which society I am a graduate member, to be applied by the said trus- tees to educational purposes for their benefit, in manner following [stating application^. 1318. Pequest to a Corporation. I give and bequeath to [stating, if possible, the full name of the corpora- tion, or, if not. certainly known, describing it], at , the sum of (dj This is a convenient proviso in the mark whether the legacies be given to, caBO of legacies of small amount to in- them qua executors or not. If a legacy fants. be given to an executor, it is held that it («) If legacies he given to executors, is on his acting as such ; l-pt by giving it tare should be taken, as in the text, to as in the text, all qaestioE.5 are avoided. "WILLS. 081 Legacies. dollars, to be applied to the uses of said society [or, college, or otherwise. Any particular ohject, such as the endowment of a professorship, may be here stated.}, 1319. Bequest on Condition. Whereas the trustees of H. College are now engaged in an effort to en- large its sphere of action, and give it greater efficiency in promoting edu- cation, and being desirous, if such effort shall prove successful, of still fur- tlier enlarging its sphere and efficiency by endowing a professorship of in said college : Thbrbeoee I give and bequeath to said [here insert full name], the sum of dollars, to be paid within years after my death, for the purpose of founding and permanently endowing a pro- fessorship of in said college ; upon condition, however, that the sum of dollars shall, within years from the time of my death, be raised for the purpose of endowing two other professorships, and paying the indebtedness of said college. 1320. Direction that Legacies Shall he Paid Free from Duty. And I direct that all legacies given by my said will, or any codicil thereto, shall be paid free from legacy duty or tax. 1331. Direction that Certain Legacies Shall le Paid in Full in Priority to the Others. I direct that the legacies hereinbefore given to [naming the legatees] shall be paid in priority to any other legacy given by my will. 1322. Declaration that Legacies Shall Not le in Satisfaction of Debts. I direct that no legacy or gift contained in my will shall (except where a contrary intention is expressed) be taken to be in satisfaction of any debt owing by me. 1328. Provision that if a Legatee is Dead, the Legacy Shall Go to Eis Exec- utors or Administrators. And if any legatee be now dead, or die before me, I give the legacy in- tended for him or her to his or her executors or administrators, to be ap- plied as if the same had formed part of the personal estate of such legatee at his or her decease. 1324. Declaration that Money Advanced by the Testator During His Life to Sis Children Shall be Deducted from their Portions or Shares of Sis Estate. I declare that all such moneys as I have or shall have advanced to any of my said ihUdren, or as shall be owing to me from any of them at my de- 682 ABBOTTS' FORMS. Special Provisions. cease, shall be considered as part of my residuary estate, and shall be de- ducted from his, her, or their respective shares. * 1325. Declaration that Advancement Shall Not he in Satisfaction of Portions. I declare that such advancements as I may have made, or may hereafter make, to any, of my children [or, nephews and nieces, etc.], shall be in ad- dition to, and not in satisfaction of, any legacies, portions or other benefit given them by my wiU. 1326. Authority to Executors to Defer Calling in a Debt, I authorize and empower, but do not require, my executors to defer and postpone the requiring payment of any debt [carrying interest] which may be owing to me from [name] at the time of my decease, for such period as my executors shall think fit. 132'r. Bequest of an Annuity to he Purchased. I give and bequeath an annuity of dollars to , for her Ufe, for her sole and separate use; and for this purpose I direct my executors, vyithin months after my decease, to lay out a sufiBcient portion of my personal estate, in the purchase of such an annuity as aforesaid, in her name, from some incorporated company; but neither she nor any person claiming under her shall be entitled to claim or accept in lieu or satisfaction thereof the sum which may be required for the purchase of such annuity. 1328. Direction as to Payment of Annuities. And I direct that the said annuity of dollars shall be paid clear of all deductions, except legacy duty or tax, by equal half-yearly payments, the first payment to be made at the end of six calendar months from my death.(/j 1329. Bequest of Fund, with Power of Appointment. [Add, aftOf gift to the trustees :] upon trust that they, the said trustees or trustee, shall, after the death or marriage of my said wife, whichever shall first happen after my death, raise the sum of doUai-s, or so much thereof as the said trust moneys, stocks, funds and securities will be sufficient to raise, and shall pay the same sum of dollars, or so much thereof as shaU be produced by the said trust moneys, stocks, funds and securities as afore- (/) The will should specify the time from the testator's death ; so that the when payment of an annuity given by it first payment of an annuity, directed to Rhall commence ; if no time be mentioned, be paid lialf yearly, will not take place the annuity, like all other legacies, will till eighteen mouths from the death ol not begin to be payable till twelve months the testator. WILLS. 683 Devises. said, unto and amongst all and every or suoli one or more exclusively of the others or other of my said son E. F., and my said three daughters G. H., I. K. and L. M., at such times, and in such proportions, and with such restric- tions and limitations over, such limitations over heing for the henefit of some one or more of my said last-named son and daughters, as my aaiJ wife, at any time during her widowhood, by any deed, with or without- power of revocation and new appointment, or by her will or codicil, shall appoint. And in default of such appointment, or so far as no such appoint- ment shall extend, then, as to the said sum of dollars, or so much thereof whereto no such appointment shall extend ; as also to the surplus (if any) of the said trust moneys, stocks, funds and securities after the pur- poses aforesaid shall be answered, upon trust that the said trustees or trustee shall hold the same in trust for my said son E. F., and my said daughters G. H., L K. and L. M., or such of them as shall be living at my death, and the issue of such of thera as shall be then dead leaving issue, equally to-be divided between them if more than one, the issue of such of them as shall be then dead to take the shares which their respective parents would have taken if then living. 1330. Devise of House and Lands to Son On Sis Attaining Twenty-One, with Power to Trustees to Apply Rents and Profits of Estate During Minority of Son for Sis Benefit. I give and devise my messuage or dwelling-house in which I am now residing, called , together with the pleasure-grounds, lands, gardens, out-bnUdings and appurtenances thereunto belonging, or therewith usually held or enjoyed, and also all that piece or parcel of land, situate and being in , which I lately purchased of , and which is now in the tenure or occupation of , his under-tenants or assigns, unto C. D., of, etc., and E. F., of, etc., and their heirs, to the use of my son F. B., his heirs and assigns : Provided always, and I hereby declare that if the said F. B. shall die under the age of twenty-one years, or in my life-time, then and in such case the said messuage and other the premises hereinbefore devised, shall form part of my residuary real estate hereinafter devised : And I direct that if the said F. B. shall be under the age of twenty-one years at my decease, the said 0. D. and E. F., or the survivor of them, or the executors or administrators of such survivor or other, they, the trustees or trustee for the time being of this my will, shall enter into, and during the minority of the said F. B. remain in the possession or receipt of the rents and profits of the said messuage and premises hereinbefore devised, and shall apply the whole or such part as they or he shall think fit of the said rents and profits, for or towards the maintenance and education of the said F. B., and shall invest the surplus (if any) of the said rents and profits, and all the resulting income thereof, in or upon some or one of the stocks, funds or securities hereinafter authorized as investments, with power to vary the said invest- ments from time to time into or for others of the same or a like nature, and with power also to resort to the accumulations of any preceding year or 684 ABBOTTS' FORMS. Devises. Powers. years, and to apply the same for the maintenance and education of my said son : And I declare that the said accumulations, or so much thereof as shall not be applied as aforesaid, shall be paid and transferred to my said son, as and when he shall attain the age of twenty-one years, but if he shall die under that age, then the .same shall sink into and form part of my residuary personal estate: And I also declare that during such minority the said trustees or trustee shall be at liberty to let the said messuage and lands for any term not exceeding seven years in possession, and in other respects to manage the same as they or he shall think fit. 1331. Devise to Executors in Trust, with Power to Sell, etc. 1 give and devise all my real and personal estate, of what nature or kind soever, to 0. D. and E. F., my executors hereinafter appointed, in trust, for the execution of my will, with power to sell and dispose of the saine, at public or private sale, at such times, and upon such terms, and in such manner, as to them shall seem meet [provided, however, that no part of my real estate shall be sold, until after the expiration of years frou ■niy decease]. 1332. Power to Arromge and. Compromise. And I appoint the said E. F. and G-. H. executors of this my will ; and authorize the acting executors or executor for the time being of this my will, to satisfy any debts claimed to be owing to me or my estate, and any liabilities to which I or my estate may be alleged to be subject, upon any evidence they or he shall think proper, and to accept any composition or security for any debt, and to allow such time for payment (either with or without taking security) as to the said acting executors or executor shall seem fit, and also to compromise, or submit to arbitration, and settle all accounts and matters belonging or x-elating to my estate, and generally to act in regard thereto, as they or he shaU deem expedient, without being responsible for any loss thereby occasioned. 1383. Directions to Executors as to Winding Up Testator^s Partnership And with respect to my share and interest in the business of , now carried on by me at , in partnership with [names'], under the firm of and Co., I empower the executors or executor for the time being of this my will, to adjust and settle all accounts and transactions relating to the said partnership business, and to wind up the affairs and concerns thereof and ascertain the amount of my share and interest therein, either according to the provisions of the articles of partnership under which the said business shall be carried on at my decease, or upon such other terms and in such other manner as may be agreed on between them or him and my surviviil g partijer.a or partner, with power for the said executors or WILLS. "685 Special Pr'jvisious. executor to refer to arbitration, or otherwise to compromise or settle any question that may arise in or about the winding up of the said concern, in such manner as they or lie may think fit, and generally to do and execute all such acts and things in relation to the premises as may appear to them or him necessary or expedient, without being answerable for any loss which may arise thereby: And I authorize the said executors or executor, if they or he shall in their or his discretion think fit, to permit the whole or any part of the amount which on taking the accounts of the said partnership shall appear to be due to my estate, as and for my share and interest in the said business, to remain in the said business as a loan for any period not exceeding seven years from my decease, but so that the repayment thereof; with interest after the rate of per cent, per annum, shall be secured by the joint and several bond of the persons or person for the time being, continuing to carry on the said business either with or without any other security for the same, as the said executors or executor shall think fit : And subject to the provisions hereinbefore contained as to the said busi- ness, I empower my trustees or trustee to postpone the- sale and conversion of my real and personal estate for so long as they or he shall think fit. 1334. Clause Concerning Disputes. My express wUl is, and I hereby order and appoint, that if any difierence shall arise or happen, concerning any gift, bequest or other thing in this will, no suit shall be brought concerning the same, but the same shall be referred whoUy to the award of my friends 0. D. and E. F. both of , and what they shall order, direct or determine therein, shall be binding and conclusive on all persons concerned. 1385. Clause Beleasing Debts Due. Whbeeas there are considerable sums of money due and owing to me upon bonds, bills and otherwise, from my relations hereinbefore named, which I desire to release, I do hereby direct that all such evidences of debt shall be cancelled and destroyed by my executors immediately after my death ; and I hereby discharge my relations hereinbefore named, and their heirs, executors and administrators, from the payment of any debts due and owing to me or my estate, upon any account whatsoever, without any abate- ment of the legacies hereinbefore given to them respectively. 1336. Appointment of Executors. I appoint my wife [name] and A. B. and C. D. to be executors [and trustees] of my will; [but if my wife should marry again, she shall there- upon cease to be an executor and trustee of my will, which shall thenceforth take effect, and be executed in the same or in like manner as if the said A. B. and 0. D. had been originally appointed the sole trustees and executors]. 686 ABBOTTS' FORMS. Attestation ofWills. 1337, Attestation Clause, Describing Execution According to the Laws of New Yorh. hf -WITNESS WHEKEOF, I [name of testator] have to this my last will and testament, consisting of sheets of paper, subscribed mj name [and set my seal] this day of , 18 . [Signatv/re, with or without seal.] StnBsoEiBBD by the testator in the presence of each of us [or, Acknowledged by the testator to each of us to have been subscribed by him], and at the same time declared by him to us to be his last will and testament, and there- upon we, at the request of the testator, sign our names hereto as witnesses, this day of , 18 , at I Signatures and addresses of witnesses.] 1338. Attestation of Will According to the Laws of England. In witness wheeeof, I, the said A. B., have hereunder set my hand, this day of , 18 . [Signature of testator.] Signed and declared by the said A, B., as and for his last will and testament in the presence of us (both being present at the same time), who, at bis request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. [Signatures of witnesses.] n. Codicils. 1339. Codicil Adding a New Provision. I, A. B., of , having made my last will and testament bearing date the day of , do now make this codicil, to be taken as a part of the same : First, I hereby ratify and confirm said will in every respect, save so far as any part of it is inconsistent with this codicil : Second, in case I die before my husband, I give and bequeath to him, and to his heirs and assigns forever, unconditionally and without reserve, all the real and per- sonal property belonging to me at my death, and in case he [my said hus- band] should die first, then this codicil to be of no effect. In witness [etc., as in Form 1337]. 1840. Codicil Appointing a Trustee and Executor in the Place of a Deceased Trustee and Executor Appointed ly the Testator^s Will. OoDioiL to the last will and testament of me, A. B., of , which oears date the day of : Wtceeeas by my said wiU I have appointed WILLS. 687 Codioila. 0. D. to be one of the trustees and executors thereof [and also one of the guardians of my infant children after the decease of my wife] : And whereas the said 0. D. having lately died, I am desirous that E. F., of , shall be substituted as a trustee and executor of my said will [and a guardian of my infant children] in the place of the said 0. D., deceased ; I do hbeebt declare that my said will shall be construed and take effect as if the name of the said E. F. were inserted in my said will throughout instead of the name of the said 0. D. : And in all other respects I do confirm my said will. Lj WITNESS [etc., as in Form 1337]. • 1341. Codicil RevoMng the Appointment of One of Trustees and Executors, and Appointing a New One in His Place. A ooDion, [etc., as above} : Wherkas by my said will I have appointed C. D. to be one of the trustees and executors thereof [and also one of the guardians of my infant children after the decease of my wife], and I have given him a legacy of dollars for fas trouble in acting as such trustee and executor : TSow I hereby revoke the appointment of the said 0. D. as such trustee and executor [and guardian], and also the said legacy given to him as aforesaid : And I appoint E. F., of , to be a trustee and executor of my said will [and also to be a guardian of my infant children after the decease of my said wife], in the place of the said 0. D., and I give to the said E. F. a legacy of dollars for his trouble in acting as such trustee and executor : And I declare that my said will shall be construed and take effect as if the name of the said E. F. were inserted in my said will through- out instead of the name of the said 0. D. : And in all other respects I confirm my said vrill. Iff WITNESS [etc., as in Form 1337]. 1342. Codicil Appointing an Additional Trustee and Executor, CoDioiL [etc., as in Form 1340] : Wheebas by my said will I have ap pointed 0. D., of , and E. F., of , to be the trustees and executors of my said will [and also to be the guardians of my infant children after tlje decease of my wife] : Now I hereby appoint G. H., of , to be an additional trustee and executor of my said will [and to be an additional guardian of my infant children after the decease of my said wife], and I declare that my said will shall be read and construed as if the names of the said 0. D., E. F. and G. H., were inserted therein throughout, instead of the names of the said 0. D. and E. F., and that all the trusts and powers in and by my said will reposed in and made exercisable by the said 0. D. and E. F., or the survivor of them, or the heirs, executors or administrators of such survivor, shall be executed and exercisable by the said 0. D., E. F. and G. H., or the survivors or survivor of them, or the heirs, executors or administrators of such survivor : And in all other respects I confirm my said will. In witness [etc., as in Form 1337]. 688 ABBOTTS' FOEMS. Attestation of Wills. TU. Insteuctions foe Exboution aoooeding to the Law of the taeiotts States. Alabama. A will sliould he In writing, signed by the testator, or by some person in his presence and by hia direction, and attested by at least two witnesses, who must subscribe their names thereto in the presence of the testator.( jr) Arkansas. f The testator must sign the will at the end of it, or it must be done by some one for him at his request. There must be two attesting witnesses, either present at the signing, or to whom it must be subsequently acknowledged by the testator or testatrix, and in either case the testator or testatrix must state that the paper is his last wiU and testament. The witnesses shall sign their names as witnesses, at the end of the will, at the request of the testator. If the will, both in body and signature, be wholly in the handwriting of the testator or testatrix, and so proTed to be, by at least three disinterested wit- nesses, there need be no attesting witnesses. But a ^idtnessed will has prefer- ence over a wiU not witnessed, when they come in coIlision.(A) California. A will must be signed by the testator, or by some person in his presence, ind by his express direction, and attested by two or more competent witnesses subscribing their names to the will, in the presence of the testator and in the presence of each other, (i) Connecticut. A will must be subscribed " by the testator and attested by three witnesses, all of them subscribing in his presence."(.?) DelaTware. A win must be in writing, and signed by the testator, or by some other per son in his or her presence, and by his or her express directions ; and shall be attested and subscribed in the presence of the testator, by two or more credible witnesses. Florida. A will must be signed by the testator, or by some other person in his or her presence, and by his or her express directions, and attested and subscribed in the presence Of such testator and testatrix by three or more witnesses. Georgia. A wiU must be in writing, and signed by the testator or by some other per- son in his presence and by his express directions, and attested and subscribed in the presence of the testator by three or four credible witnesses.(ft) (g) Code of 1852, 380, § 1611. (J) Comp. Stats, of 1854, 485, § 2. (A) Hev. Stat, of Arh., 763, § 4. (A) BotcUiss' Stat., 455, § S. (i) The present rule is like that of New York. Oiv. Code^ § 12'70, WILLS. 689 Attestation. Illinois, A will of real or personal property must be " signed by the testator or testa- trix, or by some person in his or her presence, and by his or her direction, and attested in the presence of the testator or testatrix by two or more credible witnesses, two of whom declaring on oath or affirmation, before the court of probate for the proper county, that they were present and saw the testator ox testatrix sign the will, testament or codicU in their presence, or acknowledged the same to be his or her act and deed, and that they believed the testator or testatrix to be of sound mind and memory at the time of signing or acknow- ledging the same, shall be sufficient proof of the execution of said wiU," etc., to admit it to record(Z). Indiana, A win must be in writing, signed by the testator, or by some one in his presence, with his consent, and attested and subscribed in Ms presence by two or more competent witnesses ; and if the witnesses are competent at the time of attesting, their subsequent incompetency will not prevent the probate. (7»). Iowa. A wUl must be in writing, " vritnessed by two competent witnesses, and signed by the testator or by some person in his presence, and by his express direction."(a) Kentucky. A will must be signed by the testator or testatrix, or by some other person in his or her presence, and by his or her direction ; and, moreover, if not wholly vmtten by himself or herself,, by two or more competent witnesses, subscribing their names in his or her presence.((?) There are two modes of framing a wiU — one, where it is written by another than the testator or teata^ trix, in whole or in part ; in which case it must be signed by him or her, or by his or her direction, and in his or her presence, and moreover be attested by at least two or more competent witnesses. In this case, it is not necessary that the will should be signed in the presence of the witnesses ; an acknow- ledgment is sufficient ; but the witnesses must attest in the presence of the testator or testatrix.{p) The other mode is, for the testator or testatrix to write the whole will, from beginning to ending, signature as well as the rest. The handwriting, in that case, must be proved, when the will is offered for probate, in the same manner as other instruments. Louisiana, ($') WUls are nuncupative or open, mystic or olographic. The nuncupative is authentic, or by public act, or private. The authentic is received by a notary and three witnesses resident in the parish, or by five non-residents of the parish. The private is executed, not before the notary, but with five witnesses in the parish or seven out. In the county, three vritnesses ia the parish or five resi- {l) Bev. Stai.,oh. 110, § 2. (p) Cochran's Will, 3 Hibi, 495 ; Slianks (m) 2 Sev, Stat, of Indiana (1852), 314, v. Christopher, 8 Marsh, 146. ^ 18. (?) This summary of the law of Louisi- (m) Bev. Laws of Iowa (1860), 407, ana on this subject we take from Tkorn- § 2318. ton on Com., 270. (o) Bev. Stat, of Ky., 1852, 694, § 5. 44 690 ABBOTTS' FOPwMS. Attestation of Wills. dent out of it suffice. It must be signed by tlie testator. If he declare he knows not how, or is unable, express mention of his declaration, as also the cause that hinders him from signing, must be made in the act. In either case, it must be read by the testator to the witnesses, or by one of the witnesses to the rest. The mystic will is written by the testator, or some other person by his order, and presented closed to a notary public and seven witnesses. He shall then declare to the notary, in the presence of the witnesses, that the paper contains his will. The olographic will is wholly written, dated and signed by the testator If it be sealed up, he ought to write on the cover, " This is my olographic will," and subscribe his name. It requires no form, and may be made everywhere, even out of the State. There should be no erasures in it. Women, males under sixteen, blind, deaf, dumb, insane and infiam.ous persons, are incompetent to witness a will. Maine. A will of real or personal estate must be " signed by him (the testator), or by some person for Mm, at his request and in his presence, and subscribed in hob presence by three disinterested and credible attesting witnesses."(»") Maryland. All devises and bequests of any lands or tenements devisable by law, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or four credible wit- nesses, or else they shall be utterly void and of none effect.(«) Massachusetts. A wiU of real or personal estate must be " signed by the testator, or by some other person in his presence, and by his express direction, and attested and subscribed by three or more competent witnesses, in the presence of the testar tor and of each other."(*) Michigan. A will of real or personal property, made within the State, must be " signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed, in the presence of the testator, ])y two or more competent witnesses."(ii) Minnesota. Wills made within the State must be " signed by the testator, or by some person in his presence, and "by his express direction, and attested and sub- scribed, xa the presence of the testator, by two or more competent wjtnesses."('j) Mississippi. A will must be " signed by the testator or testatrix, or by some other per- son in his or her presence, and by his or her express directions ; and moreover, (r) Bev. Stat. (1 857), 458, i 1. cording to the laws of the place where (s) Vol. i., Maryland Code, 685, § 301. made. lb., % 8. (i) ^«(j. A'«. (1860), 476, § 6. Wills (m) Cbm^. i. o/^1857, 864, §5. made out of tlie State may be made ao- (») Pub. Stat. (1858), 426, § 5. WILLS. 691 Attestation. If not wholly written and subscribed by himself or herself, be attested by three credible witnesses, in the case of the devise of real estate, and one or more credible witnesses in case of the devise of goods and chattels, and personal estate, in presence of the te8tator."(w) Missouri. A will must be " signed by the testator, or by some person, by his direction, in his presence ; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator. "(!C) Ne-w Hampshire. A will of real or personal estate must be " signed and sealed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed, in his presence, by three or more credible witnesses."(y) New Jersey. A will must be " signed by the testator, which signature shall be made by the testator, or the making thereof shall be acknowledged by him, and such writing declared to be his last will, in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses, in the presence of the testator."(z) New York. A vrill must be executed and attested in the following manner :(a) 1. It shall be subscribed by the testator at the end of the will. This subscription of the testator must be at the end of the will. Additional matter cannot be added after the signature and before the attestation of the witnesses.(5) But it is competent to annex an instrument referred to in the will as an- nexed, and such instrument will be deemed incorporated in the wiU without being also subscribed by the testator.(c) 2. Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made, to each of the attesting witnesses. The testator's subscription, however, need not be literally by his own hand. It may be written by another person in his presence, and by his Express direct tion,(d) and the omission of such other person to add his own name, does not avoid the will.(«) (w) Reo. Code (1857), 432, Art. 84.