(KEW YORK. ) , 1651 
 
 IVhen you leave, please leave this book 
 
 Because it has been said 
 "Ever'lhing comes t' him who waits 
 
 Except a loaned book." 
 
THE 
 
 Clerk's Magazine : 
 
 Containing the moft Ufeful and Neceffary 
 
 FORMS of WRITINGS, 
 
 Which commonly occur between Man and Man, 
 
 THE NAMES OS 
 
 Deeds, Mortgages, 
 
 Declarations, Notes, Pleas, 
 
 EKchanges, Petitions, 
 
 Gifts and Grants, Receipts, 
 
 Indentures, Releafes, \^ 
 
 Leafes, Sales, 
 
 Acquittances, 
 Agreements, 
 Allignments, 
 Awards, 
 Eargaioi, 
 Bi'ls, 
 Bonds, 
 CoBveyances, 
 Covenants, 
 
 Letters of Attor- Surrenders, 
 
 ney, Wills, 
 LiTeryandSeiiln, Writs, &c. &c. 
 
 And Other Instruments. 
 
 CALCULATED FOR THE 
 
 Ufe of the Citizens of the United States. 
 
 To which are adJed, 
 
 The Conftitution of the United States, 
 and Amendments thereto ; 
 The Conftitution of the State of New- York ; 
 
 An A61 of Congrefs prefcribing the mode in which the Public 
 Acls, Records and jfudieial Proceedings in eadi State fli?l! bt 
 authenticated, fo as to take efFeft in every other State; 
 
 An Aft refpefting the Eleflors of a Prejidentof the United States ; 
 
 The Money of Atcouut of the State of New- York ; 
 
 Together whh a Schedule of the v-hole N-umber of Inhabitants 
 in the United States, and in the feveral Counties of this State. 
 
 A L B A N T: 
 Printed by CHARLES R. and GEORGE WEBSTER, 
 and fold at their BookftorC) corner of State and Pearl-ftrects, 
 ti c 1} Dar.iel L.ie€!c, comer cf Hudfon and Court- ftrectt. 
 
r iiiiii Bii ii m unimntkii^tik 
 
 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
To the Public. 
 
 In a great, free and 
 commercial Country, in which the affairs 
 of the ftate and the rights of individuals 
 alTume a variety of forms and diftinclions, the 
 modes of public bufinefs and of civil regula- 
 tion become multiplied and intricate. In or- 
 der to render juftice certain, policy efficient, 
 and the laws in general prompt and eafy of 
 execution, it is proper that every procedure 
 fhould have its diftindl form, and thefe forms 
 once eftablifhed become eifential to a fyftem, 
 and are formed into a fcience, which every 
 officer, every magiftrate, and every man of 
 bufinefs, are concerned in fome meafure to 
 underftand. In the great variety and daily 
 prelfure of affairs, in which thofe forms become 
 ufeful, it is impoffible, in moft cafes, and ex- 
 penfive in all, to obtain profeffional advice, 
 and the individual, attempting to proceed 
 without fuch advice, though with the aid of a 
 found judgment, is, at every ftep, in danger 
 of fome error, or fatal defeat, in his proceed- 
 ings — It is highly important, therefore, that 
 every perfon concerned in the tranfadions of 
 bufmefs of moment, whether public or private, 
 and particularly every magiftrate and civil 
 officer, fhould have fome plain and pradiical 
 guide always at hand, to which, on all oc- 
 cafions, they may apply for a rule or a prece- 
 dent adapted to the cafe — The facility it gives. 
 
and the labor and perplexity it faves in all 
 civil bufinefs, is beyond calculation, and a 
 perfon of common underftanding, poflefled of 
 a judicious colledtion of forms and precedents, 
 will find that very little fcience, and very lit- 
 tle exercife of mind are neceflary to his duty. 
 
 The Editors, after beftowing much care 
 and diligence in the compilation, venture to 
 lay before the public a volume, in which, they 
 flatter tht mfelves, will b'e found a ufeful Col- 
 lection of authentic Precedents, adapted to 
 the pui pofes of civil and commercial bufinefs. 
 They have been chiefly ft;udious to feledl fuch 
 eftabliflied Precedents from Englifli books^ 
 as have been adapted or fandioned by long 
 and indifputable ufage here, and to add fuch 
 Practical Forms as had been devifed, or ren- 
 dered neceflary in confequence of our various 
 ftatutory provifions, and other peculiar cir- 
 cumftances ; having a confl:ant regard to ob- 
 jects of common and fubfi;antial utility, in 
 preference to matters of an abfl:rufe nature of 
 more remote concern. 
 
 In ^orr, the Editors have endeavored to 
 obtain as great a variety of Artkles, and to 
 comprife them within as fmall a compafsas pof- 
 fible — and, as they have taken much pains in 
 felefting Precedents of approved authority, it 
 is hoped that mofl: men of bufinefs, that even 
 profeflional gentlemen, and particularly thofe 
 in civil office and in the magiftracy, will find 
 in this Uttle Colleftion fomething to inftrud 
 and afTifl: them. 
 
 Charles R. and George Wehfier. 
 
 Albany, ifl: Augufl:, 1800. 
 
INDEX- 
 
 A CCOUNT, Money of, aft relatiVe to in this date 310 
 ACQUITTANXES. S.cReceipte. 64 
 AC I a, RLCORDS and Judicial Pioceedingsof each 
 ftate ; mod in which they (hall be authenticattd 
 fo as to take tffeft in every other ftate, prefcribed 
 bv Corgrefs 3°? 
 ADMINISTRATION, letter of 227 
 bond 228 
 
 AFFIDAVITS 165 
 — . — of the tenant refufing to defend an ejeftment, in 
 
 order to have the landlord admitted defendant 165 
 
 of countermanding notice of trial 166 
 
 — — that no notice was given of executing a writ of 
 
 inquiry to fet it afide ibid 
 by an attorney, that notice was given of a writ 
 
 of enquiry 167 
 — — to change the venue ibid 
 
 of ih: want of a material witnefs to put off a trial ibid 
 
 . for increafe of cofts after trial 168 
 
 ■ for cofts, foi plaintifPs not proceeding to trial 
 
 according to hit notices 169 
 
 ■ for judgment (as in cafe of non-fuit) for not 
 
 proceeding to trial the next circuit after the 
 
 iffu-" joined ibid 
 — — of ferving a rule, and dcman.-JinT cods, in order 
 
 to obta n aii att.ichment by tlie defendant 170 
 
 by letter of attorney ibid 
 
 to move an arrell of judgment, or new trial ibid 
 
 to obtain leave to enter up a judgment on an old 
 
 warrant of attorney 17 1 
 
 that the plain. iff has not the deeds 172 
 
 that the plaintiff had deeds but has loft them ibid 
 
 -— ^— of feeing di-eds executed ibid 
 
 ■ that the defeedaQt cai.not anfwer without fight 
 
 of dcedg 1 7 3 
 
 A 
 
INDEX. 
 
 Affidavit that the deftndant cannot anfwer without fight 
 
 of goods ij^ 
 
 1 that ihe defendant is not able to attend to give 
 
 his anfwer to obtain a dtdimus poteftatem ibid 
 
 ■ of a pauper, that he is not worth five dollars to 
 
 profecute in forma pauperis ibid 
 
 : to defend in forma pauperis • ibid 
 
 • that the defendant is fick and not able to anfwer 174 
 
 f — on ;iflignment of judgment that the perfon has 
 
 not received fatisfaftion ibid 
 
 ■ ' — of money being paid to fet afide a judgment 
 
 where fatisfadtion is not entered ibid 
 
 ■ — of fervice of a fubpcena in chancery, where are 
 
 feveral dtfendanis 175 
 
 « i — where two fubpoenas ferved on many defendants ibid 
 
 — of fervice of fubpcena for cofts ibid 
 
 - — of ferving a fubposna to hear judgment 176 
 »i I of the plaintiff's feeing a perfon ferve a fubpoena 
 
 where ihe perfon who ferved the fubpoena is 
 
 either dead or abfconds ibid 
 . that defendant abfconds in order to avoid being 
 
 ferved with a writ of fubpcena ibid 
 
 ■ — of wafie committed, on granting an injunftion 177 
 
 . of ferving an injunftion 'bid 
 
 . of fervice of a decree ibid 
 
 whcic the plaintiff cannot be found 1 78 
 
 of the folemnization of marriage ibid 
 
 ■ that the pinintifF treated the jury 179 
 , that a dibt remains due and no part of it received ibid 
 
 ■ — that a perfon is feized in fee ibid 
 
 th ic lands are of fuch a yeaily value on a purchafe i3o 
 
 ARTICLESof AGREEMEN'l orCONTKACTS 13 
 for the fale of an cftaie, with a penal claufe for 
 
 * performance of covenants ibid 
 
 .1 for lebuilding of mills 15 
 
 .. between a merchant and his apprentice 1 6 
 
 ■■ of marriage 
 
 Agreement for building a houfc 20 
 
 . tor a hired fervant 
 
 I — on 3 fale of wheat *2 
 
 bttwe>'n T houfekccper and his lodger 
 
 AS3AUL1" and BAT TERy, petition to judge for bail in 215 
 
INDEX. 
 
 3 
 
 Aflault indlftment at the feflions for 254. 
 
 ASSIGNMENTS, definition of JO<S 
 AfTiguraent of a Icafe - 20 
 
 ■ of a bond loS 
 
 ■ of a judgment recovered 107 
 
 ■ of a leafe by an executor 
 
 ■ ■ - of a mortgage ^ ' I 
 — — of a man's whole eftate, in confideration of feveral 
 
 debts and engagements 11* 
 
 • ■ of a mortgage for a term of years ibid 
 
 '■' of a aicfTuagc for a term of years by way of in- 
 
 dorfcment, and of a bond forjhe payment of 
 the mortgage money, and for performance of 
 covenants with a letter of attorney lij 
 ATTACHMENT of privilege 211 
 * againft the fheriff for contempt 212 
 
 ATTORNEY, LETTERS and WARRANTS of, defined 45 
 Attorney, general letter of 46 
 
 ■ to receive a legacy 47 
 — — to recover rent 48 
 ■' to make a diftrefs ibid 
 
 irrevocable, to receive annuities 49 
 ■■ to leafe or fell lands 50 
 
 ■ to deliver fcifin of lands 5 1 
 to receive feifin of lands ^bici 
 
 ■ irrevocable, to receive money due on a bn^id 5 2 
 - ffom a failortohis wife to receive his wages, &c. ibid 
 
 revocation of ■ 53 
 
 -— — Power of, to transfer public ftock or receive di- 
 vidends on 234 
 
 " to receive military invalids' prnfions 235, 250 
 
 ■ Warrant of, to appear and pUad to an aftion 
 
 commenced 55 
 
 • to confefs judgment ibid 
 
 • to confefs judgment on a bond 54 
 
 — — to acknowledge fatisfadlion on a judgment ibid 
 ' ■ to confefs judgment in ejcftment 5^ 
 
 ■ affidavit to obtain leave to enter up judgment on 171 
 AWARDS and -ARBITRATIONS defined 24 
 
 Award made by two arbitrators ibid 
 
 or umpirage, for want of a determination by arfai- 
 
 trators chofcn 25 
 
4 
 
 INDEX. 
 
 Award by a fingle perfon elefted to arbitrate 27 
 
 Submillion to arbitration, in order to make it a rule of court ibid 
 B 
 
 BAIL BOND 35 
 
 piece fpecial i8a 
 
 — — declaration on bail azj 
 
 notice of bail 2:)^ 
 
 BAILIFF pro hac vice, return of a refcue from 215 
 
 BARGAINS and SALE and Bills of Sale defined 67 
 
 Bargain and fale of landi ibid 
 
 Bill of of fale j^oodi 68 
 
 • ■ of (herifFs 232 
 
 -— — form of indorfing livery and feifin 69 
 
 — — of part of a (hip by indenture ibid 
 
 ' of adventure at fea 70 
 
 BENCH WARRANTS 251 
 — — — in oyer and termintr when the defendant 16 baila> 
 
 ble of courle by an ordinary magiftrate ibid 
 
 «— — in the 'tfli Dnsdo. ibid 
 
 ■ in oyer and terminer in cafes of felony, or where 
 
 the defendant h not to be bailed of courfe 252 
 
 BILL at the fuit of an ii.fant by guardian 191 
 
 ' ag;iinil an attornty for words 184 
 
 ■ to the (heriff to bring in the body of the defend- 
 
 ant in a plea of trcfpafs 189 
 The zc etiam daufr — in debt — in ajfumpfu — in trefpafs— 
 in trover — in detinue— in covenant- in ajfault and lattery— 
 
 in debt upon recognizance J 90 
 
 "BILLS and NOTES for payment of money 28 
 
 Pet !il bill for payment of money ibid 
 
 Single bill for payment of money without a penalty ibid 
 
 Prominbry notes or notes for payment of money ibid 
 
 — — — obfervations on 29 
 
 BONDS and ihe CONDITIONS thereof 29 
 
 Bond with a condition from one to two 31 
 
 I . from two to one ibid 
 
 from three to one 32 
 
 ■ from one to two ibid 
 
 from three to three ibid 
 
 — to the ftate which is of the like nature of a recogni- 
 zance and always of the fame efScacy ^ 45 
 
 — — — Adniiiiiiltation 228 
 
 — — Arbitraiion 230 
 
INDEX. 
 
 5 
 
 Bond Bail ^ 33 
 
 — Declaration on - zzz 
 
 Pica on 225 
 
 — — on t'lje bargain and falc of lands, to execute a 
 
 deed on payment of confideiation money 231 
 BONDS, SPECIAL CONDITIONS of _ 3+ 
 
 • Counter bond, or bond of indemnity ibid 
 
 - Counter bond where one is bail for another on a 
 
 bail bond ibid 
 
 ■ of indemnity on a fherlfF's granting a replevin 35 
 for payment of money on marriage or death, for 
 
 goods fold ibid 
 
 ■ ■ of arbi:ration bond without or with an umpirage 36 
 
 ■ for payment of money on feveral days 37 
 — for payment of money quarterly 38 
 
 ■ ■ for payment of money at the endof an apprentice- 
 
 Ihip, or on marriage with a particular petfon ibid 
 ■ — to marry a certain perfon or pay a fuin of money 39 
 
 ■ ■ ■ for payment of a fum yearly to two perfons dur- 
 
 ing their lives ibid 
 i for performance of covenants 40 
 
 ■ to free a town from burden of a baftard child ibid 
 — — for payment of an annual fum to one perfon 
 
 durinsT life 43 
 BOOKSELLERS, indenture of co-partner(hip between i zj 
 
 CAPIAS ad refpondendum 151 
 
 — ■ in an aftion qui tain ibid 
 CA. SA. in debt 206 
 
 ■ in ca/f — in ccroenant — in trefpafs — in ejeflmeni — 
 
 for the defendant on a non pros — for au admin 'if- 
 trator tn debt 20'J 
 
 - vs. msnacaprorcs poft fi, fa. 208 
 ' poft R. fa. de bonis propriis 2og 
 
 in qui tarn 21 1 
 
 Cafnal Ejector, writ of pofleflion on judgment againft 21^ 
 
 CENSUi>, ofihcnhabitanrs.ofthe United States, taken 
 according to aft ■)f Congrefs, of tft March, 1 790, 3 j | 
 
 — of the inh abitants of the feveral couniies .n the 
 
 ftare of New- York, taken according to faid acl - "» 
 CERTIORARI, to a julticc of the peace fiS 
 
 remrn to jtij 
 
 A 2 
 
6 
 
 INDEX. 
 
 Ceitiotari to rhe general feffions to remove an indidlment 
 
 into the fupreme court 217 
 * return to ibid 
 
 COMMISSION for the examination of witncffes, in- 
 
 fttuflions tor the execution of 247 
 CONDITIONS SPECIAL of bonds. See bonds. 
 CONSTITUTION of the United States 265 
 Amendments propofed by Congrefs 281 
 
 — lefpediing the fuability of ftates 284 
 
 Conftiiuiion of the ftate of New-Yoik 285 
 CONTEMPT, attachment againft the (hetiff for 212 
 CONTRACTS, See Articles of Agreement. 
 CONVEYANCES defined 145 
 Gifts and grants 71, 73 
 
 Bargain and fale for a year 146 
 Releafe, or deed with covenants 147 
 ' ihis form in general ufed in thisftate 150 
 
 ■ Quit-claim 152 
 
 ■ without covenants 153 
 
 ■ common warranty ibid 
 
 — on fale by mortgage • 154 
 
 : by (heriffs on fale by execution 1 57 
 
 ■ • of partition between three copartners, co^ei^^^^es 160 
 
 • by feoffment, with a letter of attorney to graitt 
 
 livery and feifin i 58 
 
 See Mortgages, Leafes, Wills and Codicils. 
 COPARCENERS, CoheiieCfes, Deed of partition 
 between ic8 
 COPARTNERSHIP, between two bookfellers 1 27 
 
 CORONER, writ to fararaon the fherifF 212 
 
 • See inquifitions by 260, &c. 
 
 COVENANTS, definition of 124 
 Covenant for payment of rect and performance of cove- 
 nants of ieafe affigneJ, and to indemnify the aflignor 
 thereof to be inferted in the afTignment ibid 
 ■ in a leafe, that the lefTor may upon 6 months notice 
 
 take part of the premifes into his own hands 125 
 or provifo in the leafe allowing the tenant to be 
 fiee before the end of the term granted 126 
 
 ■ writ of enquiry on 213 
 
 3;' itnture of ccj arinerfhip between two bookfellcis 127 
 Chsiter party of afTignment 134 
 See B 'luls, fpeciai conditio'is of 
 CREDITORS, compofition with 137 
 
INDEX. 
 
 7 
 
 D 
 
 DEBTOR, letter of licence to I35 
 Examination of Witncfles, inftrudtions for executing a 
 
 commiflion for 247 
 
 DECLARATION on a mutuatua 221 
 
 . on a bond 222 
 
 ■ — on a bail bond 223 
 
 — of ejedlment 237 
 
 DECLARATION of TRUST on a mortgaged 
 
 term, without furrender 1 18 
 
 by way of affignment IJ9 
 
 DEEDS of lands and mcffuages. See Conveyances. 
 
 DEFEASANCES dtfined 1T4 
 Defeafance of a bond anJ judgnnent ibid 
 
 DISTRESS for REN V, definition of 96 
 
 Inventory to be taken in making ibid 
 
 • Letter of altoiney for making 48 
 
 notice to the tenant of 97 
 
 ' manner of proceeding in making 98 
 
 Appraifers' oath (j6 
 
 DISTRINGAS for jury at the circuits 197 
 — juratoresat the circuit with Ihuckjury and or- 
 der for view 198 
 E 
 
 EJECTMENT, declaration of 237 — Confent rule in 244 
 — — warrant of attorney to confefs a jui'gment 5^ 
 ELECTORS of a Prtfident and Vice-Prcfident of the 
 United States, ad of Congrefs prtfcribing the time 
 within which they (hall be appointed in each ftatc— 
 the day of their meeting, and the manner in which 
 thty fiiall make return of their proceedings 307 
 EXCHANGES, definition of 71 
 Exchange of lands for a term of years 7j 
 F 
 
 FEDERAL CONVENTION, names of the mem- 
 bers of, and the dates they reprefented 277 
 Rel'olutions of the convention relative to the conftitution 278 
 Letter ftom the convention, fubmitting to congrefs the 
 conftitution, which to them had appeared " the mod 
 advifeable" 279 
 FEOFFMENT, deed of, with a letter of attorney 
 
 to grant livery and fcilin 158 
 FI. FA. on judgment for plaintiff in aflumpfiC 199 
 
8 INDEX. 
 
 Fi.Fa. in ajfaull Ti^iA lattery— ix\ cowr.ant — In ej cement-' ■ 
 
 in trcjpafs- in debt - in trefpafsfur defendant 300 
 
 . in cafe, againft adminiftrator who confeU'es the debt 201 
 
 . upon a non pros for not declaring 20« 
 
 againft naanucaptorcs 
 
 for cofts, on judgment for defendant 203 
 
 for a fum awarded by referees in favor of defendant 
 
 in the common pleas 
 
 teftatumin cafe 
 
 FORCIBLE EN TRY, writ to fummon a jury to 
 enquire of, and inquifition on 240 
 
 GIFTS and GRANTS defined 7* 
 
 Deed of gift of a perfonal cllate 7* 
 
 of lands by indtniure • 74 
 
 Grant of an annuity by ii;den^re 73 
 
 HABEAS CORPUS, to a mayor's court 216 
 
 ibid 
 
 . return to 
 
 (heriff's return to a *43 
 
 I J 
 
 IMPROVEMENTS on LANDS, proceedings to 
 affefe, und.r the 8ih fe^ion of the aft of partition 241 
 _ — inquifition thereor> ' ' 
 
 INDENTURES, definition of »20 
 
 ^ - ■ common of apprentict (hip _ '2> 
 
 for putting oul a poor boy apprentice 123 
 
 Some nectffary obfe. vatior.3 in relation to indentures of 
 
 apprcnticf flv.p , 1 r n 
 
 Indenture of copartne.fhip betwetn two bookfelkrs 12? 
 
 INDICTMENTS, definition of „ ^, • , 
 
 , for affanlting and (hooting a conftablc in the 
 
 execution of his office ^55 
 
 arainlf a conftabk for extorting money from a 
 
 perfon ^ppu bended on a bench warrant ibid 
 
 for petit larceny, without caption 254 
 
 foraffault nnd b=--tery _ 
 
 . for grand larceny, with a caption }SS 
 
 fc;r dealing a promiffory note 
 
 U,r forgery '5 
 
 JnUicln^.t'ilsfor bnigl iry 
 
 :in^.inisior oiiigi.i. y -a 
 for robbery on the highway ^i" 
 
INDEX. 
 
 9 
 
 Indiflraents for arfon (burning) 258 
 
 — — for murder 259 
 INHABITANTS of the UNITED STATES, 
 
 enumeration of. taken in the year 1790 31 1 
 
 — in the levcral counties in the ftate of New York, 312 
 INSTRUCTIONS for the execution of a commifSon 
 
 for the examination of witnefles 247 
 
 INQUIRY, writ of, on covenants 213 
 
 INQUISITIONS by CORONERS 260 
 
 ■ - taken where the deceafcd was wilfully poifoned ibid 
 
 — — where the death was occafioned by chance-medley i6i 
 ■ where the deceafed being a lunatic, drowned 
 
 hirafeif in a river 263 
 
 — — where a fane perfoo ftabbed himfelf with a fword ibid 
 
 where a fane perfon cut his throat 264 
 
 Inquifuion on writ of enquiry 213 
 
 on a forcible en'ry 240 
 
 INVALID PENSIONERSyporMcr to draw benftont 236 50 
 
 JUDGMENT Roll 226 
 JUDICIAL PROCEEDINGS, public aAs and re- 
 cords of each ftaie, how to be authenticated fo as to 
 
 take effedl in every Rate, prefcribed by congrefs 307 
 L 
 
 LANDLORD and TENANT 99 
 
 LANDS, proceedings to affefs improvements on, under 
 
 the 8:h f-iftion of the aft of partition 241 
 
 — — inquifuion thereon ibid 
 
 Latitat 165 
 
 LEASES, definition of 77 
 
 Leafe of ground for building a houfe 78 
 
 of a houfe with goods therein 81 
 
 Schedule to be prefixed thereto 84 
 
 Leafe from two to one ibid 
 
 for houfes and lots in towns and cities 85 
 
 for a term of years 87 
 
 — - for three lives, an approved form 89. 
 — in perpetuity 92 
 by a perfon authorifed by letter of attorney cc 
 
 LETTER of ATTORNEY. See Atton-.vy. 
 
 LETTER of LICENCE to a debtor 13; 
 
 Letter of adminiilration 252 
 
10 
 
 INDEX. 
 
 Letters teftamentary 43<* 
 
 LIVERY and SEISIN, metliod ot giving 159 
 
 — — form of eiidorfcment on bills of fale 69 
 
 - power of attorney to deliver and to receive 51 
 
 — — by attorney, memorandum of, how indorfed 160 
 M 
 
 MONEY of ACCOUNT, of the (late of New- York 310 
 
 MORTGAGES, definition of 100 
 
 Llortgage of eftates — an approved form loi 
 
 ■ /or a term of years I02 
 
 of goods 104 
 
 Form of a certificate from a mortgagee on receipt of 
 
 mortgage money to cancel the mortgage 1 84 
 
 A farther mortgage by indoiftmcnt 246 
 
 Marriage Settlement form of I38 
 
 Man and Wife, feparation between 142 
 
 Mutuatus, declaration on 221 
 
 — — plea^fiu azd 
 ^ N 
 
 NEW-YOR]^, Conftitutionofthe ftatcot aSj 
 
 money of account ot the ftate of 310 
 
 ' enumeration of the inhabitants 312 
 
 NOTICE of trial 1S3 
 
 of inquiry ibid 
 
 of declaration filed in the clerk's office ibid 
 
 of bail 24; 
 
 P 
 
 PARENTS, petition for maintenance of 244 
 
 PA RTITION, proceedings to affefs the improvements 
 made on lands, under the 8th feftion of the aft of 241 
 
 PETITION for an infant to fue by prochein amy 180 
 
 to admit an infant to defend by guardian 181 
 
 ^ to judge for bail in affault and battery 215 
 
 — for the maintenance of paren'.i 244 
 
 PLEA on a bond 22y 
 
 m - — on a mutuatus 236 
 
 POSSESSION, writ of, on judgment agalr.Il the 
 
 cafnal ejcftor 114 
 
 PRESIDENT of the United States, aftdeclaring the 
 officer who (liail adl as Prefident in cafe of vacancies 
 both in the office of Prefident and Vice-Prclidcnt 307 
 — ~. See Eleflors. 
 
INDEX. 
 
 PENSIONERS. Ste Attorney and Invalids. 
 PRIVILEGE, attachment of ?II 
 R 
 
 RECEIPTS and ACQUITTANCES 64 
 A general receipt ibid 
 Receipt of acquittance for rent paid ibid 
 
 for a debt received of a tiiird perfon ibid 
 
 I for monjy received by a third perfon for tbe ufe 
 
 of another ibid 
 f for money received in part of a debt due on bond 65 
 
 - for interell due oo a bond ibid 
 ■ for a legacy ibid 
 • to an adminiftrator on payment of a debt due 
 
 from the inteftate ibid 
 p " ■ proper to be taken upon a pctfon's giving a note 
 
 for a book dtbt 66 
 
 - for writings entrufted in a perfons han is ibid 
 Acquittance for the purchafe n)oney on executing a con- 
 veyance to be endorfed on the back thereof * ibid 
 RECOGNIZANCES defined 42 
 
 Recognizance to pay cofts ibid 
 
 ■ • on a writ of error 45 
 
 • taken before a juftics of the peace on a warrant 
 
 Jbr a common ^(rault v ibid 
 
 — for pavfnent of rolls in chanrcry 4 1 
 
 RECORDS, Public Acts a . d Judicial Proceedings of 
 each llate, mode in which they (liall be authenticated . 
 fo as to take'effeftin every other ftaie, prefcribcd by 
 Cor.grefs 307 
 REFEREES, report of 214 
 RELEASES defi.iiuon of 57 
 general 
 
 of a truft ibid 
 
 of a legacy 
 
 of a legatee tjpon his coming of age i . ici 
 
 of the equity of redemption of a houfe raort^ig- 
 
 ed by deed poll ^ Co 
 
 of a dower 6~ 
 
 ' of errors 6-> 
 
 RENT. See dii^rcfs of q j 
 
 RKPLEVIN, writ of 
 
 RE.-'CU^;, re:urn of, from a baiiiiF pro hac vice zi c 
 
 RULE oa the Sheriff - 245 
 
INDEX. 
 
 S 
 
 SEPARATION between man and wife 14I 
 
 SHERIFF, for contcmft, attachment againft 2i 2 
 
 , writ to tht coroner to lummon ibid 
 
 billoffakby 232 
 
 .uleon »45 
 
 61 te fecit Stcurum, an original writ 238 
 STOCK PUBLIC of thi U. ued States. See Altorney. 
 SUBPENA t" appear on n.quiry '9.2 
 
 , to appear before referees _ >bid 
 
 , for witneffes at the circuits 193 
 
 .- in tht fuprcme court >94 
 
 SURRENDERS by DEED?, definition of 115 
 Surrender, deed of, to aperfon who has the reverfion in fee I \6 
 
 . of a teim 01 years ibid 
 
 ^ or a declaration of truft on a mortgaged term 117 
 
 T 
 
 TESTAMENTARY LETTERS 230 
 TESTATUM fi. fa. in cafe - 209 
 
 . in debt 
 
 , ca. fa. in debt _ , »bid 
 
 TICKET for Subijoena to appear on Inquiry 192 
 
 . for lubpcena for witneflls at the circuits 193 
 
 U V 
 
 UNITED STATES. See Cenfus, Ehaors, Prefident, Stock. 
 VENIRE for jury ai the fupreme court 194 
 
 for jury at the circuits *9S 
 
 to elifors at the circuits _ }9y 
 
 at the circuits with ftruck jury and view ibid 
 
 Venditioni Exponas, writ of 205 
 
 of part poft fi. fa. levied on manucaptorea ibid 
 
 W 
 
 WARRANT to defend a fuit 
 
 ^ to defend a fuit in ejcament »bid 
 
 from the niaintifF to the (herifF to difcharge defendant ibid 
 
 WARKAN IS of ATTORNEY. See Attorney. 
 WARRANTS, feveral forms of bench '.vp-irsnts 251, 252 
 WIL.LS and teft une ,ts, defiaition oh &c. >o2 
 Form of a will, with a devife of a real eftate, leafehold, &r. 163 
 Codicil to a will, that is to fay a fupplemenfor adJinon to it 1O4 
 W'TNFSSES. !See inftruftions forcKamination ot 247 
 WRITS. See under different heads of Capias, Ca. Ss. &c. 
 
The Clerk'^ Magazine. 
 
 .Of contracts or ARTICLES of 
 AGREEMENT. 
 
 ARTICLES of agreennent are ufed for afcertaining 
 what is mutually agreed upon by the parties thereto, 
 eithtr in refpeft to thefale of eilates, performance of work, 
 •fcrvice, or any other thing contraded to be done, in con- 
 fideration of money, wares, &c. And here it is always fafeft 
 cither to have feparatt bonds in fufScient penalties, or an 
 obligatory penal claufe inferted in the body of thofe arti- 
 cles, for the t'ue performance of what is therein contrafted. 
 
 ContraiJ^d that are not to be performed within the fpace 
 of a year, mud be put In writing, otherwife they will not be 
 bipdinor to the parties contrafting. And on an agreem<rnt 
 for the fale of ten pounds value, or upwards, it is requifue 
 that the buyer adualiy receive part of ihe goods fold, ^'ive 
 ibpethingin part, . or as earned ; or that fome note or me- 
 morandum of the bargain be lakien in writing and .figned by 
 the parties. See 29 Car, j. c. 3. made perpetual by 1 Jac. 
 2. c. 17. ^ 5. alfo, i,aws of New-York loSefT. c. 44. § 15. 
 
 A fingle penny given in earned, and accepted by the 
 feller, confirmn any agreement for the fale of goods, &c. 
 though of the n;rcateft value. Noy Max. 87. 
 
 Articles for the Sale of an Efiate, wkb a Penai 
 Claufe for Performance of Covenants, 
 
 ARTICLES of agreement, indented, made, concluded, 
 and agrtfed upon, the day of in the year 
 
 pf our Lord between A B. of, Sic. of the one part 
 
 ^,nd L\ D. cf, &c. of the other part, as fqllowctli ; 
 
i 4 Articles of Agreement. 
 
 FirJ!. The fald B. in confideration of the fum of j^o© 
 dollars of lawful money of to be paid as is herein after 
 mentioned and agreed, doth corenant and agree */ith the 
 faid C. D. that he the faid A. B. fliali and will, at the pro- 
 per colls anil charges in the Ia\i', of the faid C, D. on or 
 before, &c. next enfuing, by fuch cqnveyances, wajrs and 
 means, in the law, as the counfcl of the faid C. D. fhall rea- 
 fonably adyife, devife, and require, well and fulEciently 
 grant, convey, and affure to the faid C. D. hio heirs and 
 alfigns, or to whom he or they fhall appoint, and to fucl^ 
 ufcs as he or they fliall dired. [Here Jet forth the premifes.'] 
 
 And the fald C. D. for himfelf, his heirs, executors and 
 adminiftrators, doth covenant, promife, and grant to and 
 with the faid /i. B. his heirs and afliigns, that he the faid 
 C- D. fliall and will, on executing the faid conveyances, pay 
 or caufe to be paid to the faid A. B. his heirs or afligns, 
 the faid fum of 500 dollars as, and for the purchafc mooey, 
 for the faid melfuage and prcrnifes above ineritioned. 
 
 And it is further agreed by and between the faid parties 
 to thefc prefents, that the faid C. Q. his heirs and alfigns, 
 (hall and may on or before, &c. next, enter into and upon 
 the faid mcfTuagc and premifes, and from thence receive and 
 take the rents, ilfues atid profits thereof, to his and their 
 own ufcs. 
 
 And Ififtfy, For the due performance of all and fingular 
 the covenants and agreements aforcfaid, the faid /I, B. and 
 C. D. do bind themfelvts, their heirs, executors, and aj- 
 miniftrators, each to the other, his executors, adminiftra- 
 tors, and affigns in the penal fum of rooo dollars of lawful 
 money of ' firmly by thefc prefents. Jn laitnefs whereof 
 the faid parties to thefc prefents have hereunto * interchange' 
 ahlykt their hands and feals, the day and year above written. 
 Sealed and delivered 
 in the prefence of 
 
 (L.S.) 
 
 Artitie: 
 
 t XVben this word iilnftited, itfhewi tbere ought 'to Ve »*o p««f. 
 
Jirticf'et of yfgrettnent. 
 
 j^rt'icles for rehu'ilding of Mills. 
 
 ARTICLES of agreement indented, made, &c. leliueen 
 y/. B. of, &c. G. D. of, &c. and E. F. of, &c. of the 
 one part, and G. H. of, &c. of the other part. 
 
 Firft, The faid G. H. for the confideratlons herein 
 after mentioned and cjfprt{red, dotli covenant, proinife and 
 agree, to and with the faid //. B. C. D. and B. F. and each 
 and every of thetri, their, each and cvtry.of their exeCutor», 
 admiuiftrntors and affigns, that he the faid G. H. fhall on or 
 before, &c. next enfuing the day of the date of thcfe prefents, 
 repair and go to, &c. and there in a good and worknfian-like 
 hianner, according to the bcft of his att and fkill, by and with 
 the directions of the faid B. C. D. and E. F. or the one 
 of theiu, well and fufRciently rebuild, or caufe to be rebuilt 
 the mills of, &c. with fuch materials, and workmen to be 
 employed under him, as they the f.,id A. B. C. D. and^. F, 
 or any of them, their, or any of t.heir ixecutors, adminiftra- 
 tors, or aiTign*, fhall find, appoint, and provide foi' thefarae» 
 Jn conftiltrat'wn whereof, and a| an eiicouragement to the 
 Caid G. H. to be diligent and faithful in the undertaking 
 aforefaid, they the faid A.\B. C. D. and E. F. do hereby, 
 for themftlves, their, and every of their heirs, executors, 
 Snd adminiftraiors, covenant, pvomife and agree to and with 
 the faid G. H. well and truly to pay, or caufe to be paid to 
 the faid G. H. his executors, adminiftraiors or affigns, for 
 all fuch time as he (hall becrrployed by them the faid A. B. 
 C. D. and E. F. or any of them, in rebuilding the mills a- 
 forefaid, weekly and every week, the wages of 
 dollars, &c. and fo in proportion for a Icfs time than 
 a week, to be paid to him the faid G. H. by the faid A. B. 
 C. D. and E. F. fome or one of them, at, &c. And alfo 
 that they the faid A. B. C. D. and E. F. fome or one of 
 them, as a further enfcouragement to the faid G. H. fliall 
 and will pay, or caufe to be paid, to him the faid G. H. over 
 'and above the wages aforefaid, the fum of ten dollars, law- 
 ful money of ^ in manner following, that is to fay ; 
 •five dollars, one half thereof, to be paid down in hand, and 
 the other five dollars to be paid him on the finiiliing of the 
 rfibuildinguf ihe allls aforefaid, to the fatisfddioa andgood 
 
 liking 
 
i6 
 
 Ankle/ of jigreement. 
 
 likinfT ordiem the faid A. B. C. D. and E. F. their execu- 
 tors, admtnirtraiors or afligns, orany of them. 
 
 j1n(t lajl'y, The faid G, H. doth covenant, promife and 
 agree to and with the faid A. B.C. D and E. F ihcirex- 
 ecutr-13, adminiftratars and affigns, and tvery of them, by 
 thtfe prcftrnts, that he the faid G. H. fhall not abfent or 
 depart from the work and rebuilding aforefaid, without 
 leave in writing firft had and obtained fionj the faid yl. B. 
 C. D. and E. F. or fome one of thtm, for the doing thereof, 
 on pain of forfeiting for every day of fuchabfence, the fum of 
 one dollar, to be flopped and dtduifltd by the faid A. B. 
 C, D. and E. F. fome, or one of them, their, fome, or one 
 of their executors, admiuiftrators or afllgns, out of the 
 wages aforefaid. In •tvilnefs, &c. 
 
 ' u^riicles hetiveen a Merchaiit and his j^pprentice. 
 
 ARTICLES of agreement indented, made, &c. between 
 A. B. of, &c. <.f the one part, and C. D. fon of E. 
 D. of, &c. and the faid E. D- of the other pait, in manner 
 fcj lowing, that is to fay ; 
 
 IVhettas the faid A. B. the day of the date of thefe pre* 
 fcnt8> in confideration of the affection which he hath and 
 beareth to the faid C. D. is contented to take the faid C. D. 
 to be his apprentice or fervant i:i merchandizing affairs : 
 and to employ him therein, as well in parts beyond the feas, 
 as in the ftate of where the faid A. B. fhall or 
 
 may hereafter, or now hath trading and dealings, for the 
 fpace of fevcn yea's, to commence from, &c. And there- 
 upon the faid E. D- father of the faid C. D. doth covenant 
 and agree to and with the faid A. B. his eKccmors, admin, 
 iftrators and affigns, in manner foli owing, that IS to fay ; 
 
 Flrjl, 'I'hat the faid C. D. his fon,fl)?ll, during the faid 
 term of fcven yeats. (if he fo long live) ditijfently and faith* 
 fu'l/, to tlie utmoft of his po\ver and flciU, fcrvc him the 
 faid A. D. in liis trade of merchandizing, and other hi^* 
 la-vvfol affairs, in fuch place and places, us he the faid A. B, 
 ftiTill think tit to appoint : And that the faid C. D. at all 
 times hereafter, during the faid term, (b ill receive and take 
 into his change and cuftody, all fuch goods, wares and mer- 
 
 ckaodizej 
 
Articles of Jgreemint. 
 
 %!jandixes whatfoever, as by, or for the ufp or account of 
 the faid /i. B. (hall be configntd or fcnt to him the faid C. 
 D- or which he ThaH any ^'ay be entruftej with : And alfo 
 Lll, utter and difpofe of the fam; gouds, wares and mer- 
 chandizes to the bed profit and advantage he can, for the 
 laid A. ^. his executors, admii illralors and afiigns : And- 
 ftiall alfo, during the faid term, iluly follow and perform the 
 advice, direftions and orders of him the faid A. B. w-hich 
 fhali by letter, or otherwife, be fent, given, or made known 
 to him the faid C. D. about or concerning the merchandi- 
 zing and bufinefs afortfaid. 
 
 And that he the faid C. D. fhall, at the proper cofts and 
 charges of the faid y^. £■ his executors or adminiftrators, 
 ptovide and keep in good and due order, the books of ac- 
 counts concerning Iiisfaid employment as aforefaid, accord- 
 ing to the cuftom of merchanti in fuch cafes : And fhail deal 
 juftly and faithfully to and with the faid J. E. his execu- 
 tors, adminifljators and affigns, in all and every his accounts, 
 reckonings, bargains and dealings relating to his faid employ- 
 rr.f nt : And fhali conflanily, once in fix months, during the 
 termaforefaid.tranfmit and give in tcihe faid d. 5. his execu- 
 tors, adminiftrators or afugns, true accounts of all the bu- 
 finefs and dealings of him the faid C. D. in the premifes : 
 And fhali alfo fend letter? of advice to the faid A. B. whca 
 tibroad, cf al! occutrences wherewith it fhali be proper the 
 faid A. B. ihould be acquainted. And it is further agreed 
 that the faid C. D. (hall from time to time, upon tcauina- 
 ble requcii, fhew and produce all his books of" accounts con- 
 cern'ng his dealings aforefaid, and make and give unto ths 
 faid A. B. his executors, adminiftrators or afiigns, a juft, 
 true, and faithful account in writing, of, for, and concerning 
 all and every fuch goods, wares, money, debts and mer- 
 chandizes whalfoever, as we'll of the faid A. B. for his own 
 proper ufe, as jointly with any other ptrfon or ptrfons, 
 which fhail hereafter come to the hands or charge of him 
 the faid C. D. ot for which the faid C. D (hould orouc,\it 
 to he accountable unto the faid A. B. liis executors, admin, 
 iilrators or alTigns : likewife that he the faid C. D. 
 fhali, within one mtmth next after fuch account made and 
 given h!ra in, wtU and truly pay and deliver to the faid 
 B 2 A.B. 
 
18 
 
 jfrt'ichi of Agreement. 
 
 j^. B. his executors, ad.niniftrators or affigns, all atid erery 
 fuch wares, money, goods, debts, merchandizes, and other 
 things whatfoever, as by or upon the foot of the faid final 
 jiccount fhali appear and be found due and belonging to 
 him the fsid A. B. his executors, admiiiillrators or aflignj, 
 by or from the faid C. D. In ivitntjs, Sec, 
 
 Articles of Marriage. 
 
 ARTICLES of agreement of three parts, indented, 
 made, &c. of, &c. between j1. B. of, &c. of the firft. 
 part, E, D. of, &c. daughter of, &c. of the fccond part, 
 and C. D. of, &c, and E. F. of, &c. of the third part, a» 
 followeth : 
 
 Whereas the faid E. D, is feizcd to her and her heIrE la 
 fee fimple, of and In certain lands, meffiiages or tenements, 
 with their appurtenances, fituattd, lying and being, &c. 
 And 'whereas a marriage is (hortly intended to be had and 
 folcmnized between the faid A. B. and E. D, with whom 
 the faid A. B. is to have and receive 2000 dollars in money, 
 over and befides the lands. Sic. above mentioned : and as for 
 her marriage portion, it is therefore covenanted and agreed. 
 hy and between the faid parties to thefe prefents, in manner 
 and form following, that is to fay : 
 
 FirJ?, The faid B. for himfclf, his heirs, executors and 
 admiiiillrators, doth covenant and agiee, to and with the 
 faid C. D. and E. F. iheir heirs and afligns, that they the 
 faid A. B. and C. D. his intended wife, in cafe the faid in- 
 tended marriage fhall be had and folemnized, by fine and 
 other good and fufficicnt conveyances in the law, fhall fettle 
 and aflure all thofe lands, mcfTuages or tenements, with the 
 appurtenances, v.'heteof fhe the faid E. D. is fcifcd as afore- 
 faid, to the life and behoof of the faid A. B. and his afTigns, 
 during the term of his natural life ; and from and after the 
 deteriTiination of that eflate.then to the ufeand behoof oftlie 
 faid C. D. and E. F their heirs and afligns, during the na- 
 tural life of the faid A. B, in truft, to pieferve and fupport 
 the' contingent remainders herein after limited; and from 
 and after the drceafe of the faid A. B. then to the ufe and 
 behoof of the faid E, D. his faid intended wife, for and dur* 
 
 ing 
 
yfrtfci'es of /Agreement. 
 
 ing the term of her natural life ; and from and after her de- 
 ceafe, then to the ufe aod behoof of the heirs of the body 
 of the faid E. D- by the faid A. B. lawfully to be begotten ; 
 and for the default of fuch iffue, then to the ufe and behoof 
 of the faid E. D- her heirs and afljgns for ever, and to and 
 for no other ufe, intent or purpofe whatever, 
 
 yinil uibereas the faid E. D. \i alft) pofFeiFed of, or in- 
 terefted in, for the remainder of a tcTtn of ninety-nine years, 
 (if (he fhall fo long liv;) all that mclfj.ige or tenement, with 
 itic appurtenances, fituatcd, &c. by virtue of a certain in- 
 denture of leafe thereof granted to the faid E. D. by L. M. 
 of, &c. Nrivj the faid A. B. forhimfclf, his heirs, executors 
 and adminiilrators, doth fij;thcr convcnant, grant and agree 
 to and with the faid C. D- ai;d E. F. their heirs and afFrjns, 
 that they the faid yf. E. and E. D. his faid intended wife (in 
 cafe the faid marriage (fiall take effett) fhall and will, by like 
 good and fufficient conveyances in the law, iettle and aifure 
 the faid meffuage or tenement < with the appurtenances, itj 
 fuch manner, as that the fame may be held and enjoyed, and 
 the rents and profits thereof may be had, received and taken 
 by the faid A. B- and his afllgns during fo many years of the 
 faid term, as he fhall happen to live ; and from and after his 
 deceafe then by the faid E. D. his faid intended wife,- and hef 
 afligns, for and during fo many years of the faid term as fhc 
 fhall happen to !i7e ; and from and after her deceafe, then by 
 fuch children of the faid E. D. by the faid -1. B. to be be- 
 gotten, in fuch a manner as it may not be in the power of the 
 faid ji. B. to defeat fuch their iffue ; and for default ef fuch 
 iffue, then by the executors, adminiflrators or affjgns of the 
 faidi^. D. and upon no other tru:^. and to and for no other 
 nfc, intent or pcrpofe whatfoever. 
 
 And forafmuch as the faid /}. B. is not at prefent feifed( 
 or poffcffed of an cliate fufBcient to make a jointure for the 
 faid E. D his intended wife, equivalent to her fortune, the 
 faid A. B. doth for himfclf, his heirs, executors and admin- 
 iflrators, convenant, grant and agree to and with the faid 
 C. D. and E. FAhc'n heirs and aCugns, that in cafe the faid in- 
 tended marriage fhall take effect, and he the faid /i. B. fhall 
 happen to die in the life time of the fuid E. D that then 
 he the faid A. B. fhall and will, by his laft will and teltament 
 
 in 
 
JnicU: cf /IgrierttetSi. 
 
 in writing, or othcrwife, give and affure '.into the fatd E. 
 the fum of 2000 dollars, of lawful money of or the full 
 value thereof in lands, tpficments, goods or chatteh, to be 
 at her own proper diCpofal, ^nd to be by her received and 
 taken to her own prop'^r ufe and benefit. Jn •witneft, Uftt 
 
 To make an AJfigimisnt of a Lsafe. 
 
 Article, &c.— — ■ — - 
 
 WHEREAS 7. B. hath by his deed indented, datei?, 
 demifed, and to farm letten unto the faid A. B. 
 all tbat nitrffuage. &c. To h«ve and to hold to him the faid 
 A. B. his, &c. (rtc'ttivg the hafe) as by the &id deed more' 
 fully appears '. A':w ihe faid A. B. in confidetaiion, &c, doth 
 hereby for himfdt, &c. That he the faid J. B. before the 
 &c. day of, &c. lhall and will, at (he cofts of him the faid 
 C. D. W\i executors or adrainiftrstors, by dfced indented, af- 
 fore, aflign and grant over to the faid C. D. his, &c. the fiiid 
 meffuage, Sec. and all hiseftate, right, title and demand there- 
 in : 7o ha-ve and to hold to llie faid C. D. bis, &c. during the 
 rtfiduc of the faid term of years then to come of, in and to 
 the fame, by virtue of the faid deed indented under the rentsy 
 covenaiits and agteenienis therein fpecifiid. //; rusltnefs, i^c. 
 
 Jn Jgreement for building a Houfe. 
 
 BE it remembered, That On this day of it \i 
 
 agreed between B. of and C. D. of 
 
 ify. manner and form following, vix. the faid C. D. for the 
 eSif. derations herein after mentioned, doth for himfelf, his 
 heirs, executors and adminiftratorr,, covenant with the faid 
 A. 5. his executors, adminifiraiors and afligns, that he the 
 faid C. D. or his afligns, fhall and yf?\\\, within the fpacc of 
 next after the date hereof, in a good and worltrnan- 
 like manner, and according to ihe beft cf his knowledge and 
 Ikill, at well and fubftr.ntially ercd, build and finifh 
 
 one houfe or meffuage, according to the draught or fcheme 
 hereunto annexed, of the dimenflms foi!owing> viz.^ 
 and compofe the fame with fuch ftone or brick, timber an* 
 Other materials, as the faid A. B. or his afiigns, livall find and 
 
 provide 
 
^rticiet of Agreimtnt. 
 
 provide far tTie fame : In coK/!Jeration whereof che faid A. B. 
 doth for himfeift hi$ executors and admmiftiatcrsi covenant 
 with ihe faid C. D. his executors, adminiftrators and afligns, 
 well and truly to pay Xinto the faid C. D. his execu'.ors, ad- 
 miaiftrators or afligns, rbe fum of of lawful money of 
 
 in manner foUosvicig, viz. part thereof at the 
 
 beginning of the faid Mrork more another part thereof 
 
 when the faid work fhall be half done, and the rentaining 
 
 ill full for the faid work, when the fanie (hall be com- 
 pletely firiiflied : And alfo that he the faid A. B. his execu- 
 tors, adminiftrators or adlgns, (hall and will, at \\\% and their 
 own proper expence, find and provide all the ftone, brick, tile» 
 timber, and other materials neceffary for making and build- 
 ing of the faid houfe, Avd for the performance of all and 
 every the articles and agreements above mentioned, the faid 
 A. B. and C. D. do hereby bind themfelves, their executory, 
 adminiftrators and afligns, each to tr.e other, in the penal futa 
 of firmly by thefe prefents. In luii/ie/j, Sec, 
 
 An Agreement for an hired Servant, 
 
 \ RTICLES of agreement indented, 3cc. betweeri W. 
 S. of the one part, and W. M. of the other part, aa 
 
 follows VIE. 
 
 The faid IV. M. for the confideration hereunto mention- 
 ed, does covenant, promife and agree, to and with the faid 
 W. S. his executors, admioillrators and affi^as, by thefe 
 prefcntp, in manner folio, ving,"" !h;it is to fay, That the 
 £a!d IV. M. fhall and will for and during the term and time 
 of years, to begin and be accounted from the date of 
 
 thefe prefents, ferve, abide, and continue with the faid liT, 
 S. his executors, adrniniftrators and affiirns, his an;', their co- 
 venant fervant, and diligently and faithfully, according to ths 
 beft 3rd utmnft: of his power, Ikill and knowledge, exercife. 
 3id employ himfelf in, and do and perform fuch ferviceand 
 b.ifmefs wha^foever, as well relating to the trade of 
 which the faid fl^. S. now ufeth, and in about other bufinef?, 
 nutters and things whntloevijr, as the faid IV. S- (hall from 
 time to time order, direA and appi-'nt, to and for the mod 
 profit and advantage of the faid S. t".at he can and (hiTi 
 and wiU keep the fccr«:s of the faid ff, S. iclaiiog to the 
 
jfSirticht of Agrcmeni. 
 
 taid trade and bufinffs ; and llkewlfe be juft, true an^ 
 
 faithful to the faid IV. S. in all matterg and things, and 
 •DO ways wrongtsilly lo detain, embezzle, or purloin any 
 monies, goods or things whatfoever, belonging to tht faid 
 tV. S, /Ind alfo ftall and will keep Juft, tCJe and faithful ac- 
 tounts in the books of the faid W. S of all goods bought 
 and fold, monies received and paid, and all other things 
 ivhatfoevtr, fdating to the bulincfs of the faid fV. S. as 
 ■fliail be committed to his care, management or difpofal ; and 
 from time to time fhall pay all monies which he (hall receive^ 
 of or belonging to, or by order of the faid IV, S. into his 
 hands, and make and give lip true and fair accounts of all 
 his anions and doingo in the faid employment, without 
 fraud or delay, when and as often as he /hall be thereto re- 
 quired. j4n^i'in ccnfideratlon of thfpreml^es, and of the feveral 
 natters and things by tlie faid IV. M. to be performed as 
 aforefdid, the faid IV, S. doth forhimfelf, his executors and 
 adminlflrators, covenant, promife and agree, to and with the 
 faid M. by thefe prefents, that the faid IV. S. his execu- 
 tors <ind adminiflrators, fhall and <vill find arid jjrovide on- 
 to and for the faid IV. M. in his dwelling honfe, meat, drink, 
 tvafhing and lodging ; and alio well and truly pay, oi 
 caufe to be paid unto the faid IV. M, his executors, admin- 
 iftrators or afGgns the fiira of a year, of lawful mo- 
 
 ney of ■ for the flrft years, by equal quarterly pay- 
 ments, and fhall and will allo w the faid IV. M. futh reafon- 
 able expences in and about the bufinefs aforefaid as he the 
 faid W. S. fhall think fit : /lud faid partiesdomutually cove- 
 nant and agree to and with the other, •yja. That if the faid 
 W. S. /hall not be willing to continue the faid IV. M. in his 
 fervice af;er the expiration of the faid years: or if the 
 faid IV. M. ftiall not he willing to continue with the faid 
 A', after tlie expiration of the faid years ; in either of 
 
 the faid cafes the faid parties fhall and will give months 
 notice of fuch their mind and intention, befoK the expira- 
 tion of the faid term. In tultne/s, i^e. 
 
 Minutes of Jgreement on a Sale of Wheat 
 
 It is agreed by aftd between E. F. 
 cf, &c. and G. H, ef, &c. That he the faid G, H. in 
 < Cohfidernlioti 
 
Arlicia of A^reemtnh 
 
 n 
 
 fonfideration of three hundred bu(hels of wheat fold to him. 
 this day by the fald E. F. and by him a^^reed to be deliv- 
 ered to the faid G. H. free of all charges and expencea 
 ■whalfoever oa or before, &c. next, fhall and will pay, or 
 caufe to be paid to the faid E. F. or LisaiOgiis within three 
 months after fuch delivery, the fum of, 8cc. And the faid 
 E. F. in confideration of the agreement aforefaid, of the 
 faid G. H- doth promife and agree, on or before, iic. r^fore- 
 faid, at his own proper espence, to fend in and deliver to 
 the faid G- H or his affigns, the faid three hundred bu(h- 
 els of wheat fo fold him as aforefaid, and that he the faid 
 E. F. fhall and will warrant t'lefame to be good, clean and 
 roerchantable grain, fn ivlimfs whereof the parties above 
 named have heieunto fet their bands, &c. IV'tlntj), Sec. 
 
 Minutes c/ Agrcernent between a Houfeleeper 
 and his Lodger. 
 
 MEMORANDUM, It is agreedby and between E.F. 
 of, &c. and G. H. of, &c. as follows, viz. The faid 
 E- F, in confidcratioii of the rent hereinafter mentioned 
 and agrfcd to be paid to him, hath letten to the faid G. H. 
 one room, up two flights of flairs forwards, part of the nov/ 
 dwelling houfe of the faid E- F. fituate, &c. together with 
 the furniture at prefcnt (landing therein, that is to fay, one 
 table, &c. To hold to the faid G. H. for the term of two 
 jears, to commence from, &c. at the yearly rent of, &c. to 
 be paid quarterly, to the faid E. F. at, tic 
 
 Tfae faid G. H. in confideration hereof agrees to pay the 
 aforefaid yearly rent of, &c. at the times above limited for 
 payment thereof : and at the end of the term, or in cafe of 
 any default in the payment, (hall and will, on reqneft of the 
 faid E.F. or hisalDgns, immediately yield and deliver up to 
 him or them, the peaceable and quiet poffcfEon of the laid 
 foom, togeth.er with the whole furniture, he, from the firCt 
 entrance thereon, there found and poffeffed, in good and fuf- 
 ficient plight and condition, reafonable wear end tear oiily 
 CKcepted. la tuUneft, &c. 
 
Of AV/ARDS and ARBITRATIONS. 
 
 AN award is a judgmeot given by perfoin chofen by 
 contefting parties for determining the matters in con- 
 trovcify according to the compiomile and fubmli&on, aad 
 agreeable to veafonand good confcieiice.* 
 
 The fubmillion is either by bond or rule of court (which 
 laft is fure(l) and is to fet forth the particular matters in 
 difference, and fubmii the determination thereof to certain 
 pe^-fons therein named. 
 
 Where an award is made by a fingle perfon, he is general* 
 ly called an umpire, ar.d his judgment is an umpirage: but 
 when by more, the determination is called an award or ar- 
 iitralion, and the actors therein arhitratorj. 
 
 The judgment of award raufi. be reafpnable, fo that 
 what is awaided to be done by one party, be the confideration 
 of what the oibec is to do, otherwife it is void, as it would be 
 iiicafe w^ele;^^.y thing unlawful orimpoftible is awarded. 
 
 It iDuft likewife admit of no doubtfulnefs oi uncertainty in 
 particulars awarded ; and at the fame time finally determine 
 the points fubmitted, otherwife it is alfo void, Ste Bacon'i 
 law of ttiuardi, 
 
 • Sjtlm, Glofj. p. sj. 
 
 'ihe Form of an Award made by two Arbi- 
 trators, 
 
 TO all to whom thefc prjffcnti ftall com;, we f. F. of, 
 &c. and 6. H. of fend grett 'mg. Whtnai there 
 arc f«veral accounts de;;endir.g, »i)d diver" controverfies and 
 difpiites have l.Ttely 3t«/cn between A. JJ, of, &c. of the 
 one parr, and 6\ D. of, f<c. cf ihe other part, toucliing 
 and concerning, &c. And 'w^tiffn, for the putting an end 
 to the faid differences and difpuies, they the faid ^. B. 
 ar>d C. D. by their fcvcral bonds and obligations, bearing 
 date, Sec. are reciprocally bound each to the other, in the 
 penal fum ^f, *c. to ftand to, abide, peifotm.and keep th^ 
 
 '" ' fwar4 
 
Awards and ArlUrathnt 
 
 award, order and final determinaticn of us the faid E. F. and 
 ji?. H. arbitrators indifferently chofen between the faid par- 
 ties, to arbitrate, &c. [a; in the bond'\ fo as the faid award be 
 made in writing under our hands and feals, and ready to be 
 delivered to the parties in difference, on or before, &c. next, 
 as by the faid in part recited bonds or obligations, with the 
 conditions there under written, may appear : Nonxi knoivjr, 
 That we the faid arbitrators, whofe names are hereunto fub- 
 fcribed, and feals afiixed, taking upon us the burden of the 
 faid award, and having fully examined, and duly conlidered 
 the proofs and allegations of both the faid parlies, do, for the 
 fettling amity and friend (hip between then;, make and publifh 
 £his our award, by and between the faid patties, in manner 
 following, that is to fay : Firji, We do award and order, that 
 all anions, fuits, quarrels and controverf;es whaifoeverj bad, 
 moved, arifen or depending between the faid parties, in law 
 or equity, for any manner or caufe whaifoever, touching the 
 faid premifes to the day of the date hereof, fhiall ceafe, and be 
 no further profecuted ; And that each of the faid parties (hall 
 bear and pay his own cofts and charges, in any wife relating 
 to, or concerning the faid premifes. And we do alfo award 
 and order, that the faid A. B. fliall pay, or caufe to be paid, 
 to the faid C. D. the fum of, &c. within the fpace of, &c. 
 And further, we do hereby award and order, that the faid C. 
 D. (hall on or before, &c. pay, or caufe to be paid, io i^fC 
 faid /I, B. itiefum of, &c. or give fuff^Ient feciiriiv far tlie 
 fame to the faid y/. B. A?id lajity. We do award and order, 
 that the faid A. B and C. D. on the receipt ct the fcveml 
 fums of, &c. fliall in due form of law, execuieeach to the oth- 
 er of tbeni, or the other's ufe, general releafes, fuflficicnt in the 
 law for (he releafing by each to the other of them, his heirs, 
 executots and adminiftrators, of all aiiions, foits, arrefts, quar- 
 rels, cootroveifits and demands whaifoever, touching or con- 
 terning the premifes aforefaid, or any raairer or thing there- 
 unto relating, from the beginning of the woild to the day of 
 the date of, &c, \_Here mention the date of the arbitration 
 hondtJ] laft paft. In uuitneft 'whereof nue ha've henur.to ft{ 
 "^Mr hands and ft ah, the, i^c, iitthej^-ar, iSc. 
 
 c 
 
/I'ivarJt ajid Ariitrathif, 
 
 /In Umpirage for want of a Determination by 
 /Arbitrators cbofen. 
 
 ry^O all, yr. T, J. K. of £fff. fend greeting. Whereat 
 p there are feveral accounts depending, tfff. [Her; go on 
 at In tht former a'zuards, until ytu come to'] to (land to i^c, 
 the award, and final determination of E. F. of l^c, and G. 
 H. of &c. arbitrators indifferently chofen between the /aid 
 parties to arbiitate, &cc. [aj /iiir condition of the hoiids] fo 
 as the faid award was made in writing, under the hands an4 
 fealsof the faid arbitrators, and ready jo be delivered to the 
 parties in difference, on or before, &c, laft paft. And if 
 the faid arbitrators did not draw up the faid award in writ- 
 ing, and deliver the fame as aforefaid, on or before the faid, 
 &c. then ihe faid panics were to fland to, abide, obfcrvc, per- 
 form and keep the award, ijm^irage, final end and judgment 
 of me the faid f. K. ijmpirc indifferently chofen betweetj 
 the faid parties, for the compofing and ending the difFerences 
 aforefaid; fo as my faid award, umpirage and "deierminatioii 
 may be made in writing, under my hand and feal, and ready 
 to be delivered to the faid parties, on or before, i^c. as by 
 the faid part recited bondi or obligations, wiih the conditioni 
 there under written, may appear; And nihereas r\ve.{7i\^ 
 F. and G. H. did make up the faid award between the faid 
 parties, within the time limited bynhe faid in part recited bond§ 
 or obligations as aforefaid ; whereby and on which account, 
 the compofing, ending and determining the faid difFerences 
 and matters in difpute, now depends wholly upon me ; Noun 
 hioiuye. That 1 the faicj J. K. having taken upon me the 
 bufinefs and charge of the faid award and umpirage, and be- 
 ing willing to fet the faid parties St peace and concord, by 
 making a final end of the controvetfies between them; an4 
 having deliberately and at large, heard, examined and duly 
 confukred the grievances, allegations, titles, vouchers and 
 evidences of both the faid parties, in relation to the faid pre- 
 mifcs in difpute, do make, publith, dt-clare and deliver thi« 
 my award or umpirage in manner following ; that is to fay : 
 Firft I arbitrate, award, judge, order and determine, that 
 &:z. \_Here infert the feveral J>articulars of the award.'} It) 
 witnefsj &c. 
 
 4* 
 
A wards and Arlitratlons. 
 
 27 
 
 Award or Vmpiraga. by a Jingle Per/on 
 eleclcd to arbitrate. 
 
 TO all kc. I, E. F. of &c. fend greeting. Whereas, &c. 
 \_Here go on as in the anuard made by tiuo arbitrators 
 itnliljcu come to"] to ftand to,&c. the award, order and final 
 ceteiminatioti of me the faid E, F. indifferently ele<ned and 
 chofen between the faid parties, to arbitrate, &c. [^As in the 
 conditions of the bond'"] fo as my faid award or umpirage be 
 made in writing, under my hand and feal, and ready to be 
 delivered to the faid parties, on or before, &c. as in and by 
 the faid in part rec ited bonds or obligations, and the con- 
 ditions thereof, may appear : New inow j/e, that 1 the faid 
 E. F. l^Here go on as in tht left precedent,'} In witnef£> &c. 
 
 The Form of a SubmiJJion to an Jrbitration, in 
 order to make it a Rule of Court. 
 
 BE It rememhered. That C. D. of, &c. and E. F. of, &c. 
 being deiirous finally to end and determine divers con- 
 troweifies, fuits and quarrels that have lately arifcn betwsen 
 them, did on, &c. agree to fubmit v and refer all the faid 
 controverfies, fuits and quarrels to the award and determin- 
 ation of G. H. of, &c. and J. K. of, &c. arbitrators for that 
 end indifferently chofen by the faid parties ; which faid a- 
 ward is to be made in writing under the hands and feals of 
 the faid arbitrators and ready to be dtlivered to the faid 
 parties, on or bef^jre, &c. And the faid parite^id mutually 
 promife and oblige themfelves that they would obey, pcrfcrm 
 and execute fuel) award as the faid arbitrators fhould make 
 in the prerr.ife?. Nniv tl'.e faid parties do fui ther agree, that 
 the faid fubmiffion fhall be made a rule, in the court 
 of, &c. at and that they will be ftnaily concluded by 
 
 the arbitration that (hall be made in the preriiifcs by the faid 
 arbitrators, purfuant to fucb fubcQilRon. 
 Witnefs, i^c. 
 
 BILLS 
 
a 8 Bills and Notet for the Payment of Money. 
 
 BILLS and NOTES for the Payment of 
 Money, 
 
 /I Penal Bill, for Payment of Money. 
 
 KNOW all men by thefe prefents, that I, C. D. of, &c. 
 do owe nnto £. F. of, &c. the fum of lawful 
 xnoiiey of to be paid the faid E. F. his executors, ad« 
 
 jTiiniftrators or affigns, oa or before the next enfuing 
 
 the day of the date hereof: for the which payment well and 
 truly to be made, I bind myfelf, my heirs, executors, adminif- 
 trators orafligns, in the penal fum of of like moneyj 
 
 firmly by thefe prefents. la wiint/s, ^c. Staled, iffc- 
 
 A fingle Bill for payment of Money, i. e: without 
 a Penalty. 
 
 KNOW all men by thefe prefents. That T, C. 2?. of, 
 &c. do owe and am indebted to E. F. of, Sec. the fum 
 of lawful money of to be paid to the faid E. F. his 
 
 executors, adminidrators or afiigns, on or before, &c. 
 In lultnejs i^c. 
 
 The Form of a Promijfory Note, or a common 
 Note for Money. 
 
 IPromife to pay to C. D- or order, the fum of, Sec. three 
 months afterdate [or, on demand if thought necefaryl for 
 value received. "Witnefs my hand this ninth day of July, 
 -*8oo. 
 
 Another. 
 
 FOR value received, I promife to pay \MBC. D. or or- 
 der, the fum of on demand, Wft intereft till 
 paid for, on or before the day of tvilTjafere/!, (sfc."} 
 Witnefs i^c. 
 
 Necefary 
 
29 
 
 ^Jcceffary Okfervations on Promiffhty Notes, ^c. 
 
 THESE notes are afflgnaWe by indorfement, as bills 
 of exchange are, and will, in cafe a certain time of 
 payment be therein fijced, bear intereft from the time due, 
 provided the note be protefted by a notary public, wiihin 
 three days after that time ; fo that in ail cafes, except where 
 the folvency of the drawer or debtor is doubted, it is beft In 
 fuch notes to mention a certain time of payment, as two or 
 three days after date, or oiherwife, as the cafe requires. 
 The indorfer becomfs liable to payment, as well as the 
 drawer ; and when once an indorfable note, that is to fay, 
 ene payable to order^ is transferred to a third pe. fon, it csn« 
 not then be in the power of the indorfer, by releafe, or other 
 inllrument in writing, to acquit or free the drawer from be- 
 ing liable ; the property the indorfer at firft had in tlie note, 
 being entirely removed by his indorfement. In the cafe of 
 a bond or obligatory bill, it is oiherwife ; for there the 
 obligee, after having affipned the fame to a third perfon, 
 may by releafe or other fpecialty, deftrcy the validity of the 
 obligation, and confequently free the obligor from the bur- 
 then thereof. 4 ^ .5 ^nn- c. 9. G'ttb. Chan. p. 290. 
 
 We (hall fpeak more fully on this point, when we come 
 to fpeak concerning releafes. 
 
 Of BONDS. 
 
 A BOND, penal bill, or ohllgatfon, is a deed in writing, 
 whereby one perfon binds himfclf to another, to pay a 
 ^um of money, or perform fome other z&. It.ufL^ally con- 
 fifts of two [ arts, viz. the obligation, whereby the party is 
 bound, who is gererally called the obligor ; and the con- 
 dition which exprelTes what fum is to be paid, or aft per- 
 formed) androtwhom, in what manner, and when. The per- 
 fon this obligation is made to is generally called obligee, to 
 fthcra the obligor, by way of penalty, commonly becomes 
 
 bound 
 
 C 2 
 
JO Bond:. 
 
 bound in double the fum of money lent, or of the cilimatei 
 value of tile thing to be pcrfortr.td 
 
 If no place is mcniioned for payment of the money fpecifi- 
 ed I'n a condition, the obligor, on pain of forfeiting his obliga^ 
 Hon, is to find out the perfonof the obligee, if he be in the 
 itate, and tender the money ; but where a place ig mentioned, 
 ihe is not obliged to feek any fuilher. Dy. 14. 271. 
 
 An heir is not bound, unlcfs he be exgiciEy named in the 
 obligatory part of the bond ; but the executors or adrain- 
 jlt'ators are bound, though not named ; they more reprefent- 
 )i<g the pcrfon or the deceafed obligor, and being entitled to 
 Jake an advantage oi a chattel, vthen not named, notwith- 
 llanding the heir is. Dy. 14. 261. 
 
 Note. Judgment Bonds, as they were calltd, were forni« 
 crly much uftd in ihe (late of New- York ; but by an a£l of 
 the leglflature, paflVd the 27th Feb. 178S, after reciting 
 that " whereas a p'aftice hath lately been introduced of in« 
 fertingin bonds, bills, covenants and contra<^s in wiiting, a 
 claufe, or power, or warrant, to confefs a judgment thereon, 
 vvhertby many perfons, being ignorant of the efficacy and 
 confcqueners of fuch a elaufe, power or warrant, have 
 fufftred grtit lofs for remedy whereof it is enadled 
 
 Tlir.i no judgment (hall hereafter be enteied upon any 
 bond, bill, covenant, or other contrafl in writing, to be 
 xnade after the fii ft day of January next, upon tlic confet 
 fion of any attorney, by virtue, or in confequence of anf 
 warrant, power or authority whatfoever, contained, written 
 or prii.ttd ifi the fame inftrument, paper or parchment, 
 with ihe fame bond, bill, covenant or contraft — And fur- 
 ther, That every attorney, wlio (half confefs any judgment 
 in any cafe whatfoever, ftiall, at the time of making fuch 
 confefiion, produce hi» warrant for making the fame to the 
 court or judge before whom he makes the fame confeffion, 
 and tlif fame warrant (hall then be filed with the proper of- 
 ficer of ihecQUi t in which the judgment fliall be entered." 
 The bond muft then be drawn in its fimple form, and the 
 warrant of attorney, to confefs judgment, mnft be a fepa- 
 rate inRrument. 
 
 4 Bond 
 
A Bond with a Condition from one to one. 
 
 KNOW all Men hj thefe prefents, That I, C. D. of, &(n 
 in the couuty of, &c. am held and firmly bound to 
 is. F. Sec, in the fum of dollars, of good and lawful mon- 
 Cy of the United States, to be paid to the faid £. F. or 
 his certain attorney, his executors, adrainiftrators or af- 
 figns ; to which payment, well and truly to be made, I bind 
 Tnyfelf, my heirs, executors and adminiftrators, firmly by 
 thefe prefents : Sealed with ray feal. Dated the 
 day of in the year of our LORO one thoufand eight 
 
 hundred. 
 
 The condition of this obligation is fuch, that if the above.* 
 bound C. D. his heirs, executors or adminiflrators, do and 
 fhall well and truly pay, or caufe to be paid, unto the above 
 ramed E. F. his executors, admipiftrators or iffigns, the 
 full fum of, &LC, like good and lavfful money, asafortfald, 
 with legal intereft for the fame, on or before the day of 
 nextenfuing the date hereof; Then this obligation t« 
 be »oid, or otherwifc to be and remain ia fuJ! force and 
 virtue. 
 
 Sealed and delivered 
 in prefence of 
 
 A Bond wilh a Condition from tivo to oiigf 
 
 KNOWall men by thefe prefents, that we, C. D. of, &c. 
 and E. F. of, &c. are held and fir.'sly bound to G. H. 
 of, &c. in the fum of 30odollarsof good and lawful money of 
 the United States, to be paid to the faid G. H. or his certain 
 attorney, his executors, adminiflrators, or afF.gns ; to which 
 payment well and truly to be made, we birid ourfelves, and 
 each of us, byhimfelf [_If one of the obligors be a tvoman, 
 •write thus, viz. by him and herflf'\ for ana in the whole, 
 our heirs, executors and adminiflrators, and each of us, 
 firmly by thefe prefents : Sealed with our feals, dated, &c. 
 
 The condition of this obligation is fuch. That if the above 
 bound C. D, and E. F, or either of them, their or either 
 of their heirs, executors or adminiflrators, do and (hall well 
 and truly pay, or caufe to be paid, to the faid G. H. h/s 
 
 executors, 
 
executors, aJmlnlftrators or affigriS', tlie full fum of oni 7}uyi» 
 drtdand fifty dollars, like good and lawful money as aforefaid, 
 with legal intercft for the fanie, on or before the, &c. 
 which ftial! be in the year of oik LORD, &c. Then, &c. 
 otherwife, &c- 
 
 Bond with a Condition from three to one. 
 
 KNOW all msn by thefe prefents, that wf, C. D. of, &c, 
 E. f. of, &c. and G. H. of, &c. are held and firmly 
 bound to J. K. of, &c. in the juit and full fum of 
 dollars of lawful money of to be paid to the faid 
 
 y. K, or his certain attorney, his executors, adininif- 
 tiators or affigns ; to which payment well and truly to be 
 made, we bind outfelves, and evefy one of us by himfelf, 
 \But ifafemait be an obligor, then as in the lafi~\ for and 
 in the, whole, our heirs, executors and adaiitiftrators, and 
 every of us, firmly by thefe prefents. Sealed, &c. 
 
 '■Ihe condition of thisobligaton is fuch. That if the above 
 bound C £>. E. F. and G. H. or either, or any of them, theifj 
 or either, or any of iheir heirs, executors ci adniiniftratorsj 
 do and thall, &c. 
 
 A Bond with a Condition from one to two. 
 
 KNOW all men by thefe prefents, that I, C. D, of, &p, 
 am held and firmly bound to £. F. of, &c. and G. H, 
 of, &c. in, &c. of good and lawful money to be paid 
 
 to the faid E. F. and G. H. or one of them, or to iheir 
 certain attornies, their executors, adminiftrators oraffignsj 
 to which payment, well and truly to be made I bind niyfelf, 
 &c. 
 
 The rottdUion of this obligation is fiich, That if the above 
 hound C. £», his heirs, executors or adminiftrators, do and 
 fhall well and truly pay, or caufe to hi paid, to the above 
 named E. F. and G. 11. or either of them, their, or either of 
 their executors, admin ill rators or aligns, the full fam of, &c; 
 Then, &c. 
 
 A Bond from three to three. 
 
 KNOW all men by thefe prefet>'s, that we, C. D. of, &c. 
 E. F.of, &c. aad G, H, of, &c. are held and firmiy, 
 
 bound 
 
Bondt. 
 
 33 
 
 bound to 7- ^- ^' 0^ ^c. and TV. 0. of, &c. 
 
 in, &c of good and la-.vful mcoev of to be paid to 
 tliefaid J. K. L. M. and N. O. or fome of them, or their 
 certain attotnies, their executors, adminiftrators, or aflign?; 
 to which payment well and truly to be made, we bind our- 
 fclves, and every of us by himfelf, for and in the whole, our 
 heirs, executors and adoiiniftratorsj and every of at, htmly hy 
 <hefe ptefcnts. Smled, i^c. 
 
 A Bail Bond. 
 
 KNOW all i^en by thefe prefents. That we, G. If. of 
 jr. K of and L. M. of are 
 
 held and firmly bound to N. 0. Efq. Sheriff of the county 
 aforefaid, in one hundred dollars of good and lawful mon- 
 ey of the United States, to be paid to the faid fheriff, or 
 to his certain attorney, executors, adminiftrators or affigns j 
 for which payment well and truly to be made, we bind our- 
 felves, and every of us by himfelf, for and in the whole, our 
 heirs, executors and adminiitrstors, and of every of us, firm- 
 ly by thcfe prefents, Sealed with our feals. Dated the, &c. 
 fo the year of our LORD &c. 
 
 The condition of this obligation u Aich, That if the above 
 bound G. H. do* appear before the juftices of the Supreme 
 Court of Judicature of the ftate of New-York (or if in the 
 Conmon Pleas, fay at the next court of Common Pleas to 
 be holden for the cownty, or city and county, of at 
 on the, &c. \^here men/ion the day of return, as in the writ"] to 
 anfwcr to R. S. Efq, of a pita of trefpafe, and alfo to [^here 
 purfue the words cf the writ] Then this obligation to be 
 Void, otherwife to be and remain ia full force and virtue, 
 Sealed and Delivered 
 In the fre/ence of 
 
 •• i. Put in Tpcciil btil, or bail to the i(ftioii. 
 
34 Special Conditiont of Bonds. 
 
 Special Conditions of BONDS. 
 
 ^ Condition of a Counter Bond, or Bond of In' 
 demnity^ where one Man becomes bound for 
 another. 
 
 THE Condition of this obligation is fuch, That whereaS 
 the above named A- B- at the fpecial inftance and re- 
 qutft, and for the only proper debt of the above bound C. D. 
 together with the faid C. D. is, in and by one bond or ob- 
 ligation, bearing equal date with the obligation above wi it- 
 ten, held and firmly bound unto E. F. &c. in the penal funii 
 of of lawful money of condiiioned for the pay- 
 
 ment of the fum of with legal intereft for the fnme, 
 
 on the day of ti?xt enluing the date of the faid in 
 part recited obligation, as in and by the faid in part recited 
 bond with the condition thertuiider written may more fully 
 appear : If therefore the faid C. D- his heirs, executors or 
 adminiftrators, do and (hall well ai<d truly pay, or caufe to 
 be paid, unto the faid E. F. his executors, adminiftratorg 
 or afligns, the faid fum of with legal intereft for the fame, 
 on the faid day of next cnfuing the date of the 
 
 faid in part recited obligation, according to the true intent 
 and mcLitting, and in full difcharge and fatisfaAion of the 
 fsid in part recited bond or obligation : Then, &c. other- 
 wife, &c. 
 
 A Condition of a Counter Bond, ivhere one is Bail 
 for another on a Bail Bond. 
 
 WHEREAS the above named C. D. at the fpecial in- 
 ftance and requeft of the above bound ^. B- togeth- 
 er with the faid A. B. and E. F of, &c. is bound to G. H. 
 ifherlff of the county of, &c. in the penal fum of, &c. con- 
 ditioned for the appearance of the faid A. B. before the juf- 
 tices at on the day of, &c. next to anfwef 
 
 iV. 0. in a pica of, &c. IHere mention ddt or olheiL'ife, ver- 
 
 butidi 
 
special Condiuent of Bondf- 35 
 
 ijatim, {_ns exprfjfed In the bail ioftJ] As by the faid in part 
 recited bond or obligation and condition there under writ- 
 ten may more fully appear ; A''ow the condition of this ob- 
 ligation is fuch, that if the above bound A. B- do and 
 (hall appear according to tlie condition of the faid bond or 
 obligation, and as the law in fuch cafe requires ; and if the 
 faid B. his heirs, executors and adminiftrators, ihall ai- 
 fo from time to time, and at all times hereafter, fave harm- 
 lefs and indet.inify him the faid C. D. his executors and 
 adminiftrators, and his and their goods and chattels, lands 
 and tenements, of and from all damages, fum and fums of 
 Ijioney, cpfts and charges whatfoever, which he, they, or any 
 of tht m. fhall or msy at any time or times hereafter fuftain, 
 or be put unto by reafon or means of the faid C. D's being 
 bound for the appearance of the faid A. B. as aforefaid s 
 •jPhen, &c. Or otherwife, &c. 
 
 ^ Conditien of a Bond of Indemnity^ on a She- 
 riff's granting a Replevin. 
 
 THE condition of this obligation is fuch, That if the 
 above-bound A. B. do appear at the next county court 
 to be holJen at in the coiinty of &c. aforefaid, 
 
 \_As mentiomd in the obligation, the form of ivhich fee under 
 titles. Bonds, Bill' tiff.] and there profccute his aftion with 
 effett againft C. D. for the taking and detaining his cattle, 
 that is to fay, one cow, one horfe, &c. ^Her; fet forth the goods 
 taken'\ and do alfo mi^ke return thereof, if a return lhall be 
 adjudged by law ; and alfo do keep harml'fs and indemnify 
 the above named iheriSTiand his under fherifF> for touciiing and 
 concerning the replevying and delivery of the faid cattle, ^c. 
 ^'hen, &c. or otherwife, &c. 
 
 A Condition to pay Money on Marriage^ or^ 
 Death ^ for Goods fold. : 
 
 THE <:»Bi/j/ie» of this obligation is fuch, That Whereas 
 the above named C. D. hath fold nn;o the above 
 bound A. B. one gold watch, &c, for the fum o' 8iz. to be| 
 paid unto him the faidC. D. his executors, adminiftrators pti 
 
 Hffign* 
 
3^ 
 
 Special Condition t of Bonds, 
 
 afligns, at or upon the day of marriage or hour of death of 
 the faid A, B. which (hall firft happen : If therefore the faid 
 A. B, his heirs, executors or adminiftrators, do and fhull 
 VftW and truly pay or caufe to be paid unto the faid C D. 
 Mis executors, adnjiniftraiors or afTigns, the fum of, &c. of 
 lawful money of within fix months after the folcmiza- 
 
 tion of the marriage of the faid A. B. or the tir.ie of the death 
 of the faid yJ. B. which (hall Grft happen after the date cf 
 the above written bond or obligation ; Then, &c. Or other» 
 wifej Sec 
 
 T'je Condition of an Arbitration Bond^ njitboui 
 or 'wiib an Umpirage^ 
 
 THE con^Z/Vfo/j of this obligation is fuch, That if the 
 above-bound A. B. his heirs executors, or adtninif. 
 trators, and every of theni, for and on his and their parts 
 and behalves, do and fnall vt^ell and truly lland to, abide, 
 perform, obfe. ve , fullil and keep the award, order, arbl- 
 tremcnt, final end and determination of E. F. of, &c. and 
 G. H. of &c. arbitrators indifferently named, elected an<i' 
 chofen, as well on the part and behalf of the above«i)ound 
 as of the nbo?e named t?. Z). to arbitrate, award, 
 order, adjudge and determine of and concerning all man- 
 ner of aftions, caufes of a£iion and aiftions, fuits, bills, 
 bonds, fftciaities, judgrrtits, executions, extents, 
 accounts, debts, duts, lum and fiir.is of money, quar- 
 rels, conttovei fits, ttefpaffes, damages and demands 
 whalfoever both in law or tqulty, or oiherwile howfotvcr, 
 which at any lime or tiirits heretofore have had, been 
 made, moved, brought commenced, fucd, profecuted, com- 
 mitted, omitted, done or f/ifTtred by or between the faid 
 parties or either of them ; fu as the faid award, tirbitreroent, 
 judgment, final end and deteinoination between the faid 
 patties, be made in writing, under the hands and ieals of 
 the faid atbitrators, and ready to be delivered to the faid 
 parties, on or before the day of next enfuing the 
 dale of the above- written obligation; then this obligation 
 io be void, or otherwifc to be and ritnain in full force aotj 
 "TirtUf. 
 
 If 
 
Special Condlttonj of Bonds. 
 
 37 
 
 If an umpire be likewife chofen, then add, juft before 
 theconclufion of the above condition, the following claufe 
 of umpirage ; 
 
 And if the faid aibitrators Hiall not make and draw up 
 dieirfaid award in writing under their hands and fcals as 
 aforcfaid, and ready to be delivered to the faid parties on or 
 before the faid day of now next enfuing ; if 
 
 then the faid j4. B. his heirs, executors and adniiniftrators, 
 and every of them, do and fhall Hand to, abide, obferve, 
 peiform and keep the award, umpirage, ji)dgment, fin'.V end 
 and determination of N. 0. of kc. umpire, indiffsrently 
 elefted and chofen between tlie faid parties, for hearing, 
 compoling, ending and finally determing e11 and fingular 
 the differences aforefaid ; fo as the faid ua.pire do make 
 and draw up his faid award, umpirage and dctf rraination 
 in writing under his hand and feal, and ready to be deliver- 
 jed to the faid parties on or before, Then, &c. 
 
 Condition for Payment of Money at fever al 
 Days. 
 
 THE condition of this obligation is fuch. That if the 
 above bound P. ^ his heirs, executors or adminif- 
 trators, do and fhall well and truly pay, or caufe to be paid 
 to the faid R. S his exc-cutors, adminlltiacots or afiigns, 
 the full lum of, &c. of lawful money of in manner 
 
 following, ihat is to fay, the funi of, &c. part thereof, 
 on or btfore, A:c. next enfuing the dale above written ; 
 the fum of, <S.c. more thereof on or before, &c. then next 
 following ; and the further fum of, &c. relidue and in full 
 payment thereof, on or before, &c. which fhall be in the 
 year of our Lord, &c. without fraud or covin; Then 
 this obligation to be void. But if default (hall be made of 
 or in payment of any of the faid feveral and refpcftive fums 
 of money above mentioned or any part thereof, on any of 
 the faid feveral and refpedive days and times above limited 
 fbr payment of the fame; then this obligation to be and 
 fcmain in full force and virtue. 
 
 D 4 
 
Sfec'tal Conditions of Bonds, 
 
 A Condition for Payment of Money quarterly, 
 
 THE condition of this obligation is fuch, That if the 
 above bound A. B, and C. D. or either of them, theiff 
 or either of their heirs, executors or adminiftrarors, do and 
 fhall well and truly pay, or caufe to be paid to the above 
 named E. F. his executors, adminiftrators or afTigns, the full 
 fum of, &c. of lawful money of in manner following, 
 
 that is to fay, the fum of twenty dollars, part thereof, on the 
 twenty-fifth day of December next enfuing the date above 
 written ; the fum of twenty dollars more thereof, on the twen- 
 ty. fifth day of March, which (hall be in the year of our 
 Lord, &c, the fum of twenty dollars more thereof on the 
 twenty-fourth of June next enfuing, and the fum of twenty 
 dollars more thereof, on the twenty-ninth day of September 
 then next following ; and fo quarterlv, and every quarter of 
 a year, one next and immediately enfuing another, on every 
 of the quarter days aforefaid, the fum of twenty dollars, until 
 the faid fum of two hundred dollars fhall be in fuch manner 
 fully fativfied, contented and paid ; then this obligation to be 
 void : But if default (hall be made in payment of the faid funi 
 of two hundred dollars, or any part thereof, in manner aforeo 
 faidi then this obligation to remain in full force. 
 
 A Condition to pay. Money at the end of an Ap- 
 prenticefhip, or on Marriage with a particu^m 
 lar Perfon. 
 
 THE condition of this obligation is fuch. That IVhereas 
 the above named A. B, hath put himfelf apprentice to 
 C. D. of, Sec, with him to dweil and ferve as his apprentice^ 
 from the day of, &<;. u.ito the full end and term of five 
 
 years from thence next enfoing, and fully to be complete and 
 ended, as by the faid ir.d.enmre of apprenticefrip may more 
 folly appear : and 'whereat the above named E. F. hath be- 
 fore the day of the da:s of the above written bond or obliga- 
 tion, at feveral times lent to and difbuifed for the faid A. B, 
 feveral fumsof money, which amounting in the whole to the 
 fum of, &c. for which the faid E. F. is content to take his 
 |}otid or obligation, payable at the expitatioa of the apprea« 
 
 ticelbip 
 
Special Conditions of Bonis, 
 
 35 
 
 tlceftiip of the faid A. B. or the day of marriage of the faid 
 yj. B. with G. H. of, Sec. which (hall firft happen : If there- 
 fore the faid /I. B. his heirs, executors or adminiftratorf, cr 
 any of them, do and fhall well and truly pay or caufe to ba 
 paid to the faid E. F. his executors, adminlft raters or affigns, 
 the full fum of, &c. at the end or expiration of the faid ap- 
 prenticefhip of the faid /i. B. or term of fii'e years above men- 
 tioned, or on the day of maniage of the faid A. B. with the 
 faid G. H. which !hall fi:ft and next happen to be or come afiei 
 the date of thefe prefents : Then, Stc. or otherwife, &c. 
 
 /4 Condition to marry a ceriain PerfoUy or pay 
 a Sum of Money. 
 
 THE condition of this obligation is fuch. That if the 
 above bounden /i. B, do on or before the day 
 of next enfuing the date <)f the abotewiitten bond 
 
 or obligation, cfpoufc andlawfuily marry, C. D. daughter 
 of, &c. if (he the faid C. D. will thereunto confent, and 
 the laws of this (late permit the faid maniage to be con- 
 furanitted : Or, if it fhall happen the faid .i. B. fliall not 
 marry and take to wife the faid C. D, as aforefaid ; if then 
 the faid /J. B. do and fhall well snd truly pay or caufe to be 
 paid to the faid C. D. her executors, adminillrators and af- 
 figns, the full fum of, &c. of lawful money of on oe 
 before the day of, Sec. next enfuing the faid day of, 
 &c. above mentioned. Then, <ic. or otherwife, &c. 
 
 N. B. The bond on the above condition, muft be made 
 ia the name of a third perfcn. 
 
 A Conditicn for Payment of a certain Sum year- 
 ly to tUL-o Perfoni during tbtir Lives. 
 
 THE condition of this obligation is fuch, That if the 
 above bound /I. B. his heirs, executors or adminiftra- 
 tors, fhall well and truly payor caufe to be paid to the fail 
 C, D. and E. F. during their natural lives, and the life of 
 the furvivor of them, the annual or yearly fum of, &c. cf 
 lawful money of on the 25th day of December in 
 
 every 
 
40 
 
 fecial Conditions of Bonds. 
 
 every year, the firft payment thereof to begin and be made 
 on the 25 th day of December next enfuing the date abotc 
 written : Then, &c. otherrt ife, &c. 
 
 Note, If the word furvivor or longer liver be omitted 
 in a coiuHtion of this kind, as has been too frequently done, 
 even by praclitioners thcmfclves, the bond becomes abfo- 
 lutely void on the death of either of the obligets. 
 
 3 Buljlr. 31. See Cro. Jac. ^^S. 
 
 A Condition of a Bond for Performance of Cove^ 
 nanls. 
 
 T'HE condition of this obligation is fiich, that If the 
 above bound A. B. his heirs, executors and adroinif- 
 trators and every of them do and (hall in all things well 
 and trnly obferve, perform, fulfil, accomplifli, pay and 
 keep all and fingular the covenants, grants, articles, clau- 
 fcB, provifocs, payments, conditions and agreements wtiat- 
 foever, vrhich on the part and behalf of the faid A. B. are 
 or ought to be obferved, performed, fulfilled, accomplilh- 
 ed, paid and kept comprifed or mentioned in certain inden- 
 tures of, &c. \^Here mention leafe, mortgage, aflignment ; 
 and if arlic.es cf agreement fay, in certain articles of agree- 
 ment, or otherivfe, as the nature of the deed referred to re- 
 quires'} bearing even date with the bond or obligation above 
 written, and made or mentioned to be made between the 
 faid A. B. of the one part, and the above named C. D. 
 of the other part, {_lVliere there are more parties in the deed 
 referred to, j ou mufl he careful to mention them ex.'iSly. as there- 
 in defcribed'\ according to the purport, true intent and 
 jneaning of the fame : Then, &c. 
 
 J Condition to free a Town from the Burden 
 of a Baflard Child. 
 
 WHEREAS A. B. of, &c. fingle woman, hath 
 fworn before one of the judices of the peace 
 for the county of, &c. aforefaid,! That the above bound 
 a. D. is iht father of the male child (he has lately been de- 
 livered 
 
Special Conditions of Bonds. 
 
 4^ 
 
 Itvered of, which is likely to become chargeable to the par- 
 i(h of, &C. \_If ihe vjoman le net delivered, then fay thus, viz. 
 
 That flie is big and pregnant with a baftard child ; and 
 that the above bounden C. D. is the father of fuch child, 
 which, when born, will become chargeable to the parilh 
 of, &c.] Noiu the condition of this obligation is fuch, That 
 if the above bound C. D. E. F. and G. H. or either or any 
 of them, their or either or any of their heirs, executors or 
 adminiftrators do and fhall from time to time, and at all 
 times hereafter, fully and clearly acquit, free and difcharge, 
 or well and fufRciently fave and keep harnilefs and indemni- 
 fied the above named ^ ■ K. and L. M. church 'wardens and 
 overfeers of the poor ef X\\t parijh of, &c. aforefaid, and 
 their fuccefTors for the time being, and every of them ; as 
 alfo the inhabitants and parijhoners of the faid pari/h, of, 
 &c. which now are, or hereafter fliall be, for the time be- 
 ing, and every of them, of and from all manner of expen- 
 ces, damages, cods and charges whatfoever, which fhall or 
 may at any time hereafter arife, happen, grow or be impofed 
 upon them or either or any of them, for or by reafon or 
 meansj of the maintenance, education or bringing up of 
 fuch male child [^But in cafe only of pregnancy, proceed thus, 
 viz. J of the faid being gieat with child, as aforefaid; 
 
 or for or by reafon (if the biiih, maintenance, education, 
 and bringing up of fuch child or children, that fhe the faid 
 j4. B now goeth with and (hall be delivered of j and of and 
 from all other adlions, fuits, troubles, charges, damages and 
 demands whatfoever, touching or concerning the fame ; 
 Then, &c. otherwtife, &c. 
 
 Note ; When once this fecurity i» given to the town 
 either by the reputed father, or the mother of the child, 
 with two other fufficicnt bondfmen, both the aggrelTors 
 become entirely free from the corporsl punifhment they 
 were before liable to ; and of courfc the authority of the 
 tnagiftrate, in refpeft to ihofe two offenders in the before 
 mentioned cafe, from that moment ceafes. 
 
 That part of the condition which regards only the preg- 
 nancy oi ihc^ woman, mud be upon the voluntary confef- 
 fion of the mother, for fhe cannot be compelled to fubmit 
 to an examination till fhe is deliveied, fince the child can- 
 P 2 HOC 
 
Recognizaneei. 
 
 not be il!tgitim3tc before it is born, there being always a 
 poflibility that it may be born in lawful wedlock. Slra. 
 612. Ld. Raym. I 368. 
 
 •e* In the ftjie of New-York, the.l«w requires th«t ihit \>oni be nide 
 to iherjverreers of ihe poor of (bi^ towni and does not afToeiaie ur cunnc^t 
 (he churchwardens 01 oificers of the pariih with ihem ac all. 
 
 A Condition for payment of an annual Sum to 
 one Per/on during life. 
 
 THE condition of this obligation is fucfi, That if the above 
 bound A. B. his heirs, executors or adminiftrators, do 
 and (hall yearly and every year, during the life of the above 
 named C. D. well and truly pay or caufe to be paid to the 
 faid C. D, one annual or yearly fum of, &c. at or upon the firft 
 days of January. April, July and Oflober, by even and equal 
 poriions; the firft payment thereof to begin and be made on 
 the firft day of next enfuing the date of the above writ- 
 
 ten bond or obligation : Then, &c, otherwife, &c. 
 
 Of RECOGNIZANCES. 
 
 A RECOGNIZANCE is an obligation of record, which 
 a man enteis into before fome court of record or ma- 
 giftrate duly authorifed, with condition to do fome particu- 
 lar ad ; as to appear at the artizes, to keep the peace, to pay a 
 debt, or the like. It is in moft refpefts like another bond : 
 the difference being chit fly this, that the bond is the creation 
 of a frefli debt, or obligation de no'vo. ; the recognizmce fs 
 an acknowledgment of a former debt upon record. BJackft. 
 Com. vol. 2. ch, 20. p. 341. 
 
 Recognizance to pay Co/Is. 
 
 '7. H, of the city of New- York, merchant, and /. L. of the 
 
 J fame place, vintiipr. acknowledged ihcinfeivef, and each 
 of them acknowleilged himfelf, to be indebted to M. S. exe- 
 cutrix of the laft will. and leftamcnt of /. S. deceafed, in the 
 fum of twenty pounds, to be levied upon their, and each of 
 their refpeflive goods and chattels, lands and tenements, if 
 failure be made in the coudlcicn here ur.deiwxittcn. 
 
 The 
 
Recognizances. 
 
 43 
 
 The condition of the above recognizance is fach, that if the 
 ;il)ovefaid J. H. do profecttte to effefi an action of debt now 
 ilej-ending in the fupreme court of the ftate of New- York, in 
 ihe name of J. H. againft M. S. executrix of the laft will and 
 leftament of /. S. deceafed, or do pay to the faid M. all fuch 
 coftsand charges as (hail be awarded by the court to be paid 
 by the faid J. to the faid M. then the above recognizance to 
 be void and of no effect ; otherwife to iland in full force atld 
 virtue. 
 
 Taken and acknowledged 
 
 the day of in the year &c. 
 
 Recognizance on a Writ cf Error, 
 
 MEMORANDUM, that on the day of 
 
 in the year of American Independence, A. 
 
 of in the county of hulbindroan, and C Z). of 
 
 in the fame county, carpenter, perfop.ally came and 
 ap(>eafed before me Efq. chief juftice of the fupreme 
 
 court of judicature of the ft^te of New- York and feverally 
 acknowledged themfelves to owe to £. F. (the defendant in 
 error) the fum of ( double the fum recovered ) upon con- 
 
 dition, that (the filairiliffs in error J fhould profecute 
 
 their writ of error with effert ; and if judgment be affirmed 
 (hall fatisfy and pay the debt, damages, and cofts recovered, 
 together with fuch colts as fnall be awarded for the delay of 
 execuiior., as alfo they will do it for him. 
 
 'jl Recognizance taken hefcre a Ju/lice of the 
 Peace on a Warrant for a common ^ffault, 
 
 A IK IT T) E it leracunbcred. That on the day 
 
 ^' J3 ff in the year of our Lord 
 
 A. B, of in the county atorefaid, and C. D. and E. 
 
 F. cf in the faid county, came btfore me G. H cf 
 
 Efq. one of the jullices afligned to keep the peace 
 in tlie fsid county, and have acknowledged that they are 
 indebted to the people of the ftate of New- York ; that is 
 to fay, the faid A. B. in forty dollars of good and la-A'ful 
 money of faid ftate ; and the fuid C, D. aad E. F. feveraU 
 
44 
 
 Ricognizancet. 
 
 ly in twenty dollars, of like lawful money, on their goods 
 and chattels, lands and tenements, fcveraliy to be levied 
 for the ufe of the faid people, if default fhall be made ia 
 the condition underwritten. 
 
 The condition of this recognizance is fuch, That if the 
 above bound yi. £. rtiall perfonally be and appear in court 
 at the next general feffions of the peace to be liolden at 
 I'or the county of aforefaid, to anfvver unto all fuch 
 
 matters as fhall be then and there objtdted a;;ainft him by 
 K. of concerning an aflault lately made upon 
 
 him the faid J. K. by the faid /I. B. and other mifde- 
 meanors tending to the breach of the peace ; Then this 
 recognizance to be void, or otherwife to be and remain in 
 full torce and virtue. 
 
 Taken and acknowledged the day 
 
 and year aforefaid, before me, G. H, 
 
 A Recognizance Jor Payment of Cojls in a Suit 
 depending in Chancery. 
 
 A B. of before R. L. Efq. the chancellor of the 
 ftate of New-York hath acknowledged himfelf to owe 
 C. D. of the fum of of good and lawful money 
 
 of " to be paid to the faid C. D. his executors, 
 
 adminiftrators or afligns, at next enfuing the 
 
 date of this prefent recognizance: and the faid A. B. wills 
 and grants for himfelf, his heirs, executors and adminif- 
 trators, by ihefe prefents, that if he fhall fail or make defjult 
 in payment of the faid fum of that then the faid fum 
 of fhall be levied and resovfrcd of him the faid /I. B. 
 
 his heirs, executors and adminiftrators, and of all and 
 fir.gular the manors, lands, meffuages, tenements, here- 
 ditaments, goods and chattels of him the faid A. B. hia 
 heirs, executors and adminiftrators. Witnefs R. L. at 
 the day of in the year of our independ- 
 ence. 
 
 Thecond'tUon of this recognizance is fuch, that if the 
 above bound A. B. being plaintiff in the court of 
 againft C. D. defendant, (hall pay foch coRs to the faid de. 
 
 fendant 
 
Leittrt and Warrants of AUomef, 4J 
 
 &ndant as the faid court of fhall award, if they fliaH 
 
 iiee caufe to award any ; then this recognizance to be void, 
 or othcrwtfe, &c. 
 
 Acknowledged by the recognifor, 
 
 the day of in the year 
 
 &c. before me, 
 
 Hhe Form of a Bond to the State, which is of 
 the like nature of a Recognizance, and al- 
 ways of the fame efficacy. 
 
 KNOW all men by thcfe prefents, that I A. B. of 
 am held and firmly bound to the People of the State 
 of iNew-York, in the fum of dollars, kwful money of 
 the faid ftate ; to be paid to the faid people ; for which 
 payment, well and truly to be made, I bind myfelf, my 
 heirs, executors and adminiftrators, firmly by thefe pref- 
 ents ; fealed with ray fesl, dated the, Sec. 
 
 Of LETTERS and WARRANTS oi 
 ATTORNEY. 
 
 A LETTER of attorney is an authority given by one, 
 perfon to another to aft fomething in his name ; as 
 to receive money, &c. and a warrant of attorney is of the 
 fame nature, though generally applied to pioceediogs at 
 law. 
 
 Thefe inftruments commit the whole power of the mak- 
 ers thereof to the altorney, to accomplifh the acl intended 
 "to be performed. Letters of attorney are fometimes revo- 
 cable, and fometimes not. They are irrevtjcable, when 
 debts, &c. are abfolutely afligned to another, and on that 
 account, the word irrevocable is commonly inferted. When 
 levocable they ulually carry only a bare authority along 
 with him. 
 
 If the attorney exceeds the bountls of the authority 
 
 granted 
 
4^ Letters and IVar ranis of Attorne;j. 
 
 granted, as in the Cafe where he is empowered to dtlivdr 
 livery and feilin of land in fuch a paiticular part, and he 
 does in another, this fliall render the whole aft void ; for 
 authorities of this kind receive a very rtrid interpretation 
 as to the condudl of agents. See 2 Barneys Notes C. B. 44. 
 
 If a warrant of attorney be to enter judgment of a par- 
 ticular term cxprcfTcd, and the attorney enters it of another 
 term, that is void. Mod. Rep. 1. 
 
 If a perfon gives a warrant of attorney, to confefs judg- 
 ment, and dies before it isconftffcd, the warrant becomes 
 countermanded. Fentr. ^xo. Salk. 87. /Imir. 53. 2 Stra, 
 1081. 10 Mod. 4^. So if a female gives a warrant to con- 
 fefs judgmtnt, and marries before it ii entered, this is likcwifc 
 a countermand. Sali. 399. See Sa/i. 1 17. Far, Show. 
 
 If a warrant ofaitorney to confefs judgment be above a year 
 old, you muft not enter it ap wiihout leave of the court ^ 
 which will be granted upon a motion by counfel, on produc- 
 ing a warrant of attorney, and an affidavit, that the debt, o( 
 feme part of if, is ftill due ; and that the defendarrt is alive, 2 
 i/joni.Re/'. 252. Barnes'' s Notes C. D. t88. Com. 226. /tnon. 
 6. Mod. 212. See Lord Raym. 850. Str. 639. 2 Stra. 718. 
 Foi the affidavit, fee head /Affidavit. 
 
 If the warrant of attorney is above ten years {landing the 
 motion on the above affidavit muft be made in court, if above 
 twenty years (landing there muft be a rule of court on defendant 
 fe (hew caufe why the judgment on the warrant of attorney 
 lhall not be continued. 
 
 ^ No warrant of attorney is of any force unlefs it is on a fep- 
 arate piece of paper from the conirafl, nor if given while the 
 defendant is in the cuftody of any officer, unlefs there is an at- 
 torney prefent to inform him of the nature of it. But the law 
 does.not extend to defendants in cuftody on executions. 
 
 N»te. If a letter of attorney be going into a different juriC- 
 diftion, it fhould be acknowledged before a magiftrate, it into 
 a foreign country, then it is fafcr to acknowledge it before a 
 notary public. 
 
 K 
 
 ^ general Letter of Attorney, 
 
 NOW all men by ihefe prefents, that I A B. of 
 foi Uiveis good caufes-and conliderations me heteanto 
 
 moving, 
 
Ltltert and Warrants of Attorney, 47 
 
 nioving} have made, ordained, authorifed, nominated and 
 appointed, and by tbefe prefents do make, ordain, aiitho. 
 rife, nominate and appoint C. D. of my true and 
 
 lawful attorney, for me, and in my name, and for my 
 own proper ufe and benefit, to afk, demand, fue for, re- 
 cover and receive of and from E. F. of all fuch fum 
 or fum? of money, debt* and demands whatfoever which arc 
 ijow due and owing unto me the faid /I. B. by and from the 
 faid E. F. and to have, ufe and take all lawful ways and 
 ipeans, in my name or othervpife, for the recovery thereof, 
 by attachment, at reft, diftrefs or otherwife, and to com- 
 pound and agree for the fame ; and acquittances or other 
 fufficient difcharges for the fame, for me, and in my name; 
 to make, feal and deliver, and to do all other lawful afts 
 and things whatfoever concerning the prem.ies, as fully, 
 and in every refpeft, as I myfelf might or could do, were 
 I perfonally pre fent at the doing thereof ; and attornies, 
 one or more under him, for the purpofes aforefaid, to make, 
 and again at his pleafure to revoke ; ratifying and confirm- 
 ing, and by thcfe prefents allowing whatfoever my faid at- 
 torney (hall, in may name lawfully do, or caufe to be done, 
 in and about the premifes, by virtue of thefe prefents. 
 Jn 'witncfs whereof I have hereunto fet my hand and fealj 
 jhe day of, &c. 
 
 A Letter of Attorney to receive a Legacy, 
 
 KNOW all men by thefe prefents, that whereas ^. 5. 
 late of deceafed, by his laft will and teftament 
 
 in writingi bearing date, &c. lail paft, did give and bequeath 
 unto me C. D, ot a legacy of to be paid unto 
 
 ine on and of the faid will made and conftituted E. F. 
 
 of and G. H. of joint executors, as in and by 
 
 the faid will may appear; Now know ye, that 1 the faid 
 C. D.have made, ord<«ined, c >nftitufed, and app iinted J. K. 
 of my trueana lawful attorney, for me, andin my name, and 
 for my own proper ufe and benetit, toalk, demand and receive 
 of and from the faid E. F and G- H. the legacy of given 
 and bequea bed unto th^ faid C. D. by the faid will of the 
 |5iid A. B. as aiorefaid ; and upon receipt thereof b, , or 
 
 payment 
 
4-8 Letters and Warrants of Attorney . 
 
 payment fliereof to my faid attorrxy, general releafe otdif- 
 charge for 'he fame to make, execute and deliver : Hereby 
 ratifying, confirming, al^d allowing, whatfnever my faid 
 jittorney fliall lawfully do in the premifes. In tuitnefs, 8iC, 
 
 A Letter of Attorney to receive Rent. 
 
 KNOW all men by thefe prefents, that I A. B. of 
 ha-ve made, conftituted and appointed and by 
 theft prefents do make, confti \itc and uppoint C. D. of- 
 &c. my true and lawful attorn. -y, for me, and in my name, 
 and for my oA'n proper ufe and behalf, to ask, demand 
 and receive of and from £. F. of all fuch rent 
 
 and arrearages of rent, which now are, or hercaftef" 
 fli 11 grow due from the faid E. F. out of and from all 
 that my meffuage or tenement, with the appurtenances, 
 fjtuated and u 'on receipt thereof, to give propci- 
 
 acquittances and fufficlent difcharges thereof : And in de- 
 fault of payment thereof, or any part thereof to my faid 
 attornty, I do hereby autliorife and empower him my faid 
 attorney for me and in my name, into and upon the faid 
 ixitifuages and premifes to enter and diftrain; and the dif. 
 trefs or diftreffcs there found and taken to difpofe of accord- 
 ing to law, for the fpeedy recovering and obtaining my 
 faid rent, and ai rears of rent ; or otherwife to proceed by 
 a£lion of debt for the recovery thereof, as by him my fai4 
 fttorney fliall be thought fit : Hereby ratifying, &c. 
 
 A Letter of Attorney to make a D 't/irefs. 
 
 KNOW all men by (hefe prefents, that I A. B. of 
 have made, conttiiuted and appointed, and by thefe pre= 
 fonts do make, conftituie and appoint C D. of my true 
 and lawlul atiorneyj for me, and in my name, to take any per- 
 fon or peifms to his aiiiilance, to enter into and upon all thefe 
 my lands, at now in the occupstion of E. F. oi his 
 
 affigns, as tenants theicot, and there, for me, in my name, to 
 make a diftrefs oi all the cattle, horlcs, con;, hav, goods and 
 chattels as are, or fliall be found in or upon the premifes, for 
 one half year's rent due to me, out of and for the premifes ac 
 
l^tlert and I'/arranU if Allornej. 
 
 49 
 
 Uft : And after the faid goods are fo diftrained, if the 
 fald E. F- doth not within the time limited by the ftatute 
 io thit cafe made and provided, replevy the fame, or pay the 
 faid rent, then and in fuch cafe, I do hereby aulhorilc my 
 faiJ attorney to caufe the faid cattle to be appraifed ; 
 
 and according to fuch appraifnient to make fa!e thereof to 
 fuch petfon or perfona as will buy or putchafe the fame j 
 and the ir.oney a. illng by fuch fale to difpofe of, in fuch 
 manner as by the faid ftatute is direfted. And for what- 
 focvcr my faid attorney (hall lawfully do in or about the 
 premifes, tbefe prefcr.ts (hall be to him a fufficient warrant. 
 
 An irrevocable Letter of dttorney to receive 
 Annuities. 
 
 KNOW all men by thefe prefents, that whereas A. B. 
 of being poCclTcd of and entitled unto two 
 
 feveral annnities of a year each, by virtue of the 
 
 fevcral exchequer orders, bearing (3a:e the nu.nbers 
 
 of which orders are and made in purfuance of an aA 
 
 pafTed &c. entiJcd, an aft, &c. and to be paid by four 
 quarterly paynr.ents, for and during the term of ninety-nine 
 years, commencing &c. as therein mentioned : the faid 
 A B. being ft> pcifelled as atorefaid, in and by one inden- 
 ture bearing date, dc. made between the faid B. of the 
 one part, and C Z). of &;c. and jE'./'. of&c of the other part, 
 bath afiigned and transferred the faid tvi-o feveral annuities, 
 and the tallies and ordets made out thereupon, and all his 
 eftate and intereft therein, unto the faid L..D. aiid E. F. to 
 Jiold to them, their executors, adminiftratcirs and afTigns, to, 
 for, and upon the feveral trufts therein aientioncd ; and 
 amongd other things, in trutl to permit and fuficr the faid 
 A. B. and his aCigns to receive and take one of the faid 
 annuities of a year, for and during the term of his 
 
 natural life ; as in and by the faid indenture may more fully 
 appear : Nctu inotu all men by thefe prefents, that we the 
 faid C. D and E. F. in purfuance, and part performance 
 of the truit in US repofed by the faid in part recited in- 
 ^enture, havt made, ordained, condiluted and appointed, 
 E and 
 
Letters and Warrants of Attorney, 
 
 and by thefe prefents do make, ordain, conftitute and ap- 
 point the faid A. B. our true and lawful attorney, irrevoca- 
 ble, in our names, but for the fole ufe and benefit of him 
 the faid A. B. to aflc, demand and receive out of his 
 Hiajefty's exchequer, or of or from the lord high treafurer 
 of Great Britain for the time being, the commifiioners of 
 the treafiiry, or fuch other perfon or petfons as ought to 
 pay the fame, the faid one annuity of &c. a year aforefaid, 
 from time to time as the fame (hall or ought to become 
 payable to him by virtue of the faid in part recited in- 
 dentute, and on receipt thereof, to give proper and 
 fufficient acquittances and difcharges for the fame; Here- 
 by ratifying, confirming and allowing whatfoever our faid 
 attorney fhall lawfully do or caufe to be done in or about 
 the premifes, as fully and effcftually as if weourfdves were 
 perfonally prefent, and the aSors and doers thereof. In &c. 
 
 A Letter of Attorney to let or fell Lands. 
 
 KNOW all men by thofe prefents, that whereas I, A. 
 B. of am feifed in fee of and in all that 
 
 fituated nov7 or late in the poffeffion or occupation of 
 Nc-M know ye, that I the faid A. B. have made, 
 conftituted and appointed, and by thtfe prefents do make, 
 conftitute and appoint C. D. of my true and lawfu\ 
 
 attorney, for me, and in my name, to leafe, let, fell or dc- 
 mife the faid to fuch perfon or perfons.and for fucl^ 
 
 s. term or number of years, and at and under fuch yearly and 
 other rents as he fliall think fit j or otherwile to fell and 
 difpofe thereof, either for life or lives, or to fell, grant, and 
 convey the fame abfolutely in fee fimple, for fuch price or 
 film of money, and lo fuch perfon or peifons as he (hall 
 think fit and convenient : And alfo for me, and in my 
 name to feal. execute and deliver fuch deeds, conveyances, 
 bargains and fales, for the abfoUue fale and difpofal there- 
 of, or of any part thereof, with fuch claufes, covenants and 
 agreements to be therein contained, as my faid attorney 
 (hall think fit and expedient : Hereby ratifying and confirm- 
 ing all fuch leafe or leafes, deeds, conveyances, bargains 
 or fale», which (hall at any time hereafter be fealed and eic- 
 
 ecutcd 
 
Letters and Warratitt of Attorney, jt 
 
 ecutcd by my faid attorney, touching or concerning the 
 premifes, &c. 
 
 ^ Letter of Jttortiey to deliver Seijtn of Lands, 
 
 KNOW all men by thefe prefents, that I A. B. of 
 haw made, conftttuted and appointed, and by thefe 
 prefents do make, conftitute and appoint C. D. of and 
 E. F. of or either of them, jointly or feverally, my true 
 and lawful attorney and attornies for me, and in my name, 
 place and ftead, to enter into, have and take full, quiet and 
 peaceable pofTeflion and feifm of all fituated 
 which in and by one indenture, bearing date and 
 aiade or mentioned to be made between me the faid A. B. 
 of the one part, and G H. of of the other part, arc 
 
 granted or mentioned to be granted by me unto the faid 
 G. H. his heirs and afligns, or into any parcel thereof, in 
 the name of the whole ; and after fuch entry fo had and 
 tnade, and poffcffion and fiifin fo had and taken, as afore- 
 faid, to deliver quiet and peaceable poffeffion and feifin of 
 the faid premiiesunto the faid G. H. or to his attorney or 
 attornies on that behalf lawfully authorifed, to be held 
 and enjoyed according to the tenor, form and efFeft of the 
 faid indenture above mentioned. And whatfoever my faid 
 atloiney or attornies, or either of them, fhall lawfully do 
 in the premifes, I do hereby ratify, confirm and allow, as 
 fully and effeflually, as if 1 my ftlf were prefent and did the 
 fame. In witmfs, &c. 
 
 /I Letter of Attorney to receive Seifin. 
 
 KNOW all men by thefe prefents, that I A. B. of 
 have made, conftituted and appointed, and by 
 thefe prcfence do make, conftltute and appoint C. D. of 
 my true and lawful attorney, for me and in my name, and in 
 my place and ftead, to take and receive of and from E. F. 
 of or of and from his attorney or attornies in that be- 
 half lawfully authorifed, fuU, quiet and peaceable poffeffion 
 
 and 
 
Lilters and IFarrants of Attorney. 
 
 and ftifin of which in and by one indenture of bear- 
 ing date, &c. are {rranted or mentioned to be granted un« 
 to me the faid A. B. and fuch poffcflion of feifin thereof fo 
 had and takm, to hold and keep to the ufe of me, my heirs 
 and afligiis, according to the tenor and effert of the faid 
 indenture of &c. And whatfocver my faid attorney (hall 
 lawfully do in thcpremifes, I do hereby ratify, confirm and 
 allow, as fully and effectually as if I myfelf were per fonally 
 prtftnt and did the fame. In iviinefr, &c. 
 
 irrevocable Letter of Attorney to receive 
 Money due on Bond. 
 
 KNOW all men by thefe prcfents, that \ A. B. of 
 have made, conftituied and appointed, and by thefe 
 preftnts do make, conftitute and appoint C. D. of my 
 true and lawful attorney irrevocable, forme and in my name, 
 but to the fole ufe of him the faid C. D. to afk, demand and 
 receive of and ficm E. F. of and G. H. of the 
 
 fum of due unto me, in and by one bond or obligation, 
 bearing date gi»ing, and by tlitfe prefents granting, to 
 iTiy faid attorney, my full power and authority, in my nam*, 
 place and ilead, m do all and every aft and afts, thing and 
 things, device and devices in the law whatfcever, for the re- 
 covery of the fdid debt, as fully to all intents and purpofes, 
 as I myfelf might or could do: And upon receipt thereof, 
 acquittances or other difcharges, fcr me and in my name, to 
 make, feal and execute : Hereby ratifying, confirming and 
 allowing vvhatfocver my faid attorney (hall lawfully do, or 
 caufe to be done, in or about the premifcs. //; tuitnejs &c. 
 
 Letter of Attorney, from a Sailor to his Wife^ to 
 receive bis fVa^es and all other Debts. 
 
 1.4. B. appoint my lawful wife, M. C. my true and law- 
 ful attorney, for me and in my name, and for my ufe, to 
 3fl<, demand a'nd receive of and from all and every perfon 
 and perfons whomfoever, as well all fuch fum and fums of 
 money as now are, or which (hall or may at any time here- 
 after 
 
Letters and Warrants cf Attorney. 53 
 
 after become due and owing to me for wages from any /hip 
 or (hips to which I now do or may belong ; as alfo all other 
 monies now due, or to become due and owiag to me by any 
 other waysor means whatfoever, and upon non-payment, &c. 
 
 A Revocation of a Letter of Attorney. 
 
 KNOW all men by thefe prefents, That whereas I A. 
 B. of in and by my letter of attorney, bear- 
 
 ing date did make, conftitute and appoint C. D. 
 
 of my attorney, for recovery of all debts and fums 
 
 of money whatfoever due to me the faid ^. B. from E. F. 
 of as by faid letter of attorney may appear : Now 
 
 know ye, that I the faid J. B. for that the faid C. D. hath 
 abufed the authority by me in him repofed, [Or l/ius, for 
 divers good caufes and confideratiens me hereunto moving] 
 have revoked, countermanded, annulled and mace void, 
 ^nd by ihcfe prefents do revoke, countermand, annul ard 
 make void, the faid letter of attorney, and all power and 
 authority thereby given or intended to be given lo the faid 
 C. D, In witne/s, Sec. 
 
 j1 Warrant of Attorney to appear and plead 
 to an Action commenced. 
 
 TO Mr. y/. B. of one of the attornies of the 
 
 Court of Thefe are to defire and authorife you 
 
 to appear for me C. D. of in the faid court, at the 
 
 fuit of in an aftion of and to plead to the faid 
 
 a6lion of and for your fo doing, this fhall be to you 
 
 a fufficient warrant. In -witne/s, &c. 
 
 A Warrant of Attorney to confefs yudgment, 
 
 TO Vixi A. B. and Mr. C D. attornies of the 
 
 or to any other attorney of the fame court, 
 theft are to authorize you, either or any of you, to ap- 
 pear for me E. F. of in the faid court, this prefent 
 term, or any other fubfequent term, at the fuit of G. H, 
 E 2 of 
 
54 Letters and Warrants of Aitorntf, 
 
 of and confefs a judgment againft me unto him, in 
 
 an aiSlion of debt for befides cods of fuit, bf Noit 
 
 fum lnformaius, nil dicit, or otherwife ; and for your, cither 
 or any of your fo doing, this (hall be your warrant. 
 In •Milnffs, &c. 
 
 Warrant of /Attorney to confefs jfudgment on a 
 Bond. 
 
 To A. B. C. D. &c. gentlemen, altornies of the fu- 
 pieme court of judicature of the ftate of New- 
 York, (or, of the court of common pleas of 
 as the cafe may be. ) 
 
 THESE are to authorize you, the attoruies above nam- 
 ed or any one of you, or any other attorney of the 
 fupreme court of judicature of the ftate of New- York, (or 
 vf the court of common fleas of the county ^ to appear 
 
 for rne E. F. of in the fald fupreme court (or court 
 
 rf common pleas of _^ as of ilie terra of no*» 
 
 laft palt, or in, or as of, any fubfequent term ; and to re- 
 ceive a declaration for me, in an aftion of debt on a bond, 
 bearing even date herewith, or an for fo much money bor- 
 rowed, r.t the fmt of G. H. and therefore to confefs the 
 fame atlion ; or elfc to fufFcr a judgment by nil dicit, non 
 fum informatus, or otherwife, topafsagainft me, nf record, 
 for the faid debt, together with cofts : and to rcleafe the 
 errors of fuch judgment ; And for your fo doing this fliail 
 be to you, or any one of you, or any other attorney as 
 aforefaid, a fufEcient warrant. In witnefs whereof I have 
 hereunto fet my hand and feal, the day of io 
 
 the year of our Lord, one thoufand eight hundred. 
 Sealed and Delivered 
 In the frefence of 
 
 A Warrant of Attorney to acknowledge Satif- 
 faBion on a Judgment. 
 
 TO Mr. A. B. of and Mr. C. D. of attorniea 
 of the or to any other atiorney of the fame court. 
 
 Whereas 
 
Letters if.d lyarranis of Attorney. 
 
 Whereas I, G. H. of did in term laft, 
 
 obtain and recover one judgment in the fald court of 
 againll E. F. q( for debt and for damages 
 
 and colls of fuit, as by the records thereof remaining ia 
 the faid coutt may appear: And for which faid judg- 
 ment, and debt and damages thereupon recovered, 1 the 
 faid G. H. am, and do hereby acknowledge to be fatisfied 
 contented and paid. 
 
 7hcfe are therefore to defire and authorife you, either or 
 any of you, and I do hereby give you, each and every of 
 jon, full power and authority, for me, and in my name, to 
 acknowledge fatis-faftion upon record in the faid court, of 
 and for the faid judgment, and the debt and damages there- 
 upon recovered. And for your, either, or any of your fo 
 doin^, this fiiall be your fuflicicnt warrant. In witnefs, &C. 
 
 j4 W air ant of Attorney, to covfefs a yudgment 
 in Ejectment. 
 
 To 
 
 THESE are to defire and authorife you, the attorni'es 
 above named, oreither of you, or any other attorney 
 of the court of at aforefaid, to appear for 
 
 me Jf. K. of in the faid court, as of this prefent 
 
 term, or any other fubfequent term, and then and 
 there to receive a deciaration or declarations for me in an 
 adiiofi of trefpafs in ejedlment, at the fuit of &c. (the lejjfee 
 of the plaintiff') for with the appurtenances, in in 
 the county of which AT. of Efq. (that is, 
 
 the moriongee) the day of this inftant, at afore- 
 
 faid, did demife to the faid (hjfee of the plaintiff) and his 
 affigns, to hold from the of laft part, before the 
 
 date hereof, for the term of from thence next enfu- 
 
 ing, fully to be complete and ended ; and thereupon to 
 confefs a judgement in the feid aftion forthe faid melTua^es, 
 lands, and premifes, with their appurtenances, or elfe to 
 fuffer the fame to pafs by Non fnm informatus, or other- 
 wife, agjinft me, in the fame a£tion, and to be thereupon 
 forthwith entered up agalnft me of record ; and for ydur 
 fo doing, 5cc. Warratit 
 
56 
 
 Lttttrs a fid Wetranlt of Atii.rntj> 
 
 Warrant to defend a Suit. 
 
 Mr. A. B. 
 
 I HEREBY authotife you to appear for me C. D, to an 
 aflion brought againft me in the court of at the 
 
 fuit E. F. and plead thereto, and further to do fuch things 
 therein as you (hall think neceffary for my defeuce in the 
 feid aftion. 
 
 Dated th'it Tours, 
 
 day of C. D. 
 
 Another in EjeSlment. 
 
 Mr. y.N. 
 
 I HEREBY authorlfe you to appear for me In this de- 
 claration, and procure me to be made defendant in the 
 room of the cafual ejeftor, and enter into the common rule 
 for confefling Icafe, entry and oufler, and thereupon plead 
 not guilty. 
 
 Warrant from the Plaintiff' to the Sheriff and 
 Gaoler, to difcharge the Defendant, 
 
 TO G. L, Efq. flieriff of 5. and to the keeper of the 
 common gaol within the faid county, f. L. of 
 fends greeting. Whereas f. D. of is now in your 
 
 cuftody, by virtue of a writ of Capiat ad fat'ts faciendum, ifTued 
 out of the court of at at the fuit of me, the 
 
 faid J. L. for certain damages in the faid writ mentioned, 
 for which faid damages I have received fatisfaftion : Now 
 therefore thefe arc to will and authorife you, and each of 
 you, that you immediately difcharge and releafc the faid J. 
 D. of and from the execution aforefaid, and of and from all 
 writs and procefs whatfoever, at my fuit, and of and from all 
 or any reftraint and imprifonment, by occafion of any ex- 
 ecution, writ or procefs heretofore charged againft him by 
 me the faid J. L. upon your being paid your fees. And for 
 fo doing, this fhall be your fufficient warrant. Given under 
 my hand and fcal, the day of in the year of 
 
 our Lord one thoufand &c. Of 
 
RtUa/eS. 
 
 57 
 
 Of RELEASE S. 
 
 A RELEASE is the giving or difcharging of the right 
 or artion one p erfon has or claims againll another i 
 By it is liitewife meant a conveyance of a man's inccreft or 
 right in lands. !VrJi. Sy^b's Par. i . leb. 2. 
 
 All aftions or fu'ts may be difch^rged by releaTe ; as like* 
 wife debts, legacies, &c. before or after they become due. 
 Judgments and executions may, by proper words, be alfa 
 difcharged by it. A releafe in general of all aflions, bars, 
 all aflionsi /uits, bonds, &c. provided the caiife of aftion 
 fubfifts at the time of executing the releafe ; but this re- 
 leafe will not bar executions or writs of error. Z./V. 406. 
 Co. Lit. 285. 4 R^p. 63. 8 Re/>. 152, 159. Cro. Eii%. ^gj. 
 
 A releafe of all demands is the moil exienfive and effec- 
 tual difcharge of any, including in it mod of all the others- 
 Lit. 508. Co. Lit. 291. 5 Rep. 71. 8 Rfp. 853. Dy. 56. 
 
 A releafe to one obligor, where fevtral are bound iu » 
 bond, is a difcharge to the others. Lit. Rep, 191. 2 S'ldt 
 41. Co. Lit. 232. Cro. Eli^. 648. 
 
 A releafe from a landlord to one joint-tenant (hall ex- 
 tend to both. Hob. 66. Co. Lit. 2 ^z. 
 
 If two commit a trefpafs, the releafe to one trefpaflbr 
 will difcharge the other. i Injl. 232. 2. Ral. Abr. 410. 
 HjI. 66. Bro. Reltiifcpl. 94. 
 
 Where a debtor is made executor, or a creditor, being a 
 woman, marries the debtor, tke debts in both thefe cafes 
 are rcleafed in law. Dro^jvnl. 76. Co. Char. 373. Co. Lit. 
 26^.b. Rol, hep. 934,940. Plcwd. 184.^.186.(7. Hob. 
 10. IVer.tzu. 45. Teh. 1 6o Mo. 236, 855. Jo. 345, 
 Htt. 17, 128. And in the tirft of thefe, the executor ma]r 
 retain goods of the tcftator fiifBcient to fatisfy him his debt. 
 Where an obligor is adminiftrator of the goods of the obli- 
 gee, this wfil not amount to a releafe in law. SiJ. 79 Lnn, 
 90, Qf. Rol. rep. 934. Siuhib. 300, 301, 325. Salt. 303, 
 327. 3 Salk. 163. % Rep. 136. 
 
 If a rent be behiild twenty yearsj and a releafe given for 
 
 the 
 
Releafet. 
 
 the lafi year due, all the rent in arrear is prefumed In law 
 to be fati. fied. Trial per pats, edit. I 739, p. 418. Law of 
 Evidence edit. 1779, p. 196. 5/V/. 13. GAleri's lazu of ev'td. 
 edit. p. 1760, 160, 161. 12 Fin. air.p. 129. [/^. t. 
 6c.] //. 2. 
 
 General ReJeafe. 
 
 KNOW all men by thefe prefents, That I y4.B. of 
 have remifed,releafed,and for ever quit ciaimed, for me, 
 my heirs, executors and adminiftrators, and by thefe pre- 
 fents do remife, rtlcafe, and for ever quit claim, unto C. D. 
 of bis heirs, executors and adminillratnrs, all and all 
 manner of aflion and adlions, caufc and caufes of ad\ions, 
 fuits, bills, bonds, writings, obligatioiis, debts, dues, duties, 
 reckonings, accounts, fum and fums of money, judgments, 
 executions, extents, quarrels, controverlies, trefpaflts, dam- 
 ages and demands whatfotver, both at law and in equity, 
 or otherwife howfoever, which againft him the faid C, D. I 
 ever had, now have, or which I, my heirs, executors or ad- 
 miniftrators can, (hall or may have, claim, challenge or 
 demand, for or by reafon or means of any aft, matter, 
 caufe or thing, from the beginning of the world to the day 
 of the date of thefe prefents. In luitneft, isfc^ 
 
 A Rcleafe of a Truji. 
 
 KNOW all men by thefe prefents, That luhereas In and 
 by certain indentures of bearing date on or about 
 and made or mentioned to be made between C. D. of 
 of the one part, and me A. B. of of the other part, 
 the faid C. D. for the confiderations therein mentioned, did 
 grant In which faid indenture of I the faid A. B. 
 
 do hereby declare, that my name was only ufed In trud, for 
 E. F. of Now know ye, that I the faid A. B. in dif- 
 
 charge of the truft; in me repofed as aforefaid, and at the 
 requeft of the faid E. F. have remifed, rele&fed, furrender- 
 cd, affigned, transferred, and fet over, and by thefe prefents, 
 do for me, my executors and adminiftrators, freely and ab- 
 folutely remife, rcleafe, furrender, afGgn, transfer, and fet 
 
 over 
 
Rdeafis, 
 
 59 
 
 over unto the faid E. F. bia executors, adminiftrators and 
 afligns, all the eftate, right, title, interell, benefit, ttuft, 
 claim, and demand whatfoever, which I the faid //. B. my 
 executors or adminlArators, can, (hall or may have, or claim 
 of, in or to the faid premifes, or of, or in any fum or fum3 
 of money, or other raattei or thing whatfoever, in the faid 
 indtntuiesof contained, mentioned and expteffed ; 
 
 fo that nritber I the fa d A. B- my executors or adrainif- 
 trators at any time hereaftei, fhsU or will claim, challenge 
 or demand aa) intcreft, property, tjenefit or other thing, ia 
 any manner whatfoever, by reafon or means of the faid in- 
 denture, or any covenant therein contained ; but thereof 
 and theref om and of and from ail actions, fuits and de- 
 mandi, which I, my executors or adniinidrators, may have 
 concerning the fome, fhall be forever debarred by thefe pre- 
 sents. Jn iviineft, &c, 
 
 A Releafe of a Legacy, 
 
 KNOW all men by thefe prefents, That 'whereas A. B, of 
 made his laft will and teftament in writing, bearing 
 date did among other legacies therein contained, give and 
 bequeath unto me, C. D. of the fum or legacy of 
 and of his faid will made and conftituted E. F. fole executor, 
 as in and by the faid will may appear; Non) know ye, that 
 I the faid C. D, do hereby confefs and acknowledge, that I 
 have had and received of ?rid from the faid E. F. the legacy 
 or fum of fo as aforefaid given and bequeathed unto me 
 by the faid A. B. And therefore I do by thefe prsfents ac- 
 quit, releafe and difcharge the faid E. F, of and from all le- 
 gacies, dues, duties and demands whatfoever, which I, my 
 executors or adaiiniftrators may have, claim, challenge or de-: 
 inand of or againft (he faid E. F. his executors or adminitlra- 
 tors, by virtue of the faid laft will and teftament of, or out of 
 the eftate of the faid A, B. deceafed as aforefaid. 
 /« nuitnt/s, i^c, 
 
 A Releafe from a Legatee upon bis coming to 
 age. 
 
 KNOW all men by thefe prefents, That ivhereas A. B. of 
 made his laft will and teftameac ia writing, bearing 
 
 date 
 
Keleafti, 
 
 date and among other legacies therein contained) did give 
 and bequeath unto rae, C. D. of his fon, the annual fum 
 of to be paid me quarterly, iintil \ Ihould attain the age of 
 one and twenty years; and of his will conftituted E. F. and 
 Q. H. joint executors, as in and by the faid will may appear ; 
 /!nd 'v.hertas the faid E. F. and G. H. did jointly accept of 
 the faid executotdiip and truft, and I, the faid C. D, have 
 attained my faid age of tv/enty-one years : ixhtreas the 
 faid E. F- and G. ii, have made up an account with me, the 
 faid C. D. of all monies received and paid by the faid E. F. 
 and G. //. and of all tranfa/ftions in purfuance of the f^id ex- 
 scutorlhip and truft; and have not only paid me, the faid C. 
 J), the balance of fuch accounts, but alfo delivered unto 
 me all the vvritings and papers belonging to the eftate of 
 the faid deceaftd yf. B. Now knotu ye, that I, the faid 
 ۥ D being fully fatisfied in the prtmifes, Aaw rcmifed, re- 
 Jeaftd, and for ever quit claimed, and by thefe prefents, 
 </o remife, releafe and for ever quit claim unto the faid E. F, 
 and G. H. and each of ihem, their and each of their execu* 
 tors and adminiftratorg, all reckonings and accounts, fum 
 and funis of money by them had and received, in purfuance 
 of the faid truft, or by any means of their being executors 
 to the faid A. B- as aforefaid ; and alfo of iiud from all 
 Other reckotiings, accounts and demands uhatfoever, from 
 the bsginning of the woild to the day of the date of tbcfe 
 prefents. Jn •w'llnef:, Ijc. 
 
 A Releafe of the Equity of Redemption to a 
 Houfe mcrtgaged by Deed Poll. 
 
 KNOW all men by thefe prefents. That whereas by in- 
 dentures of leafe Of demife, bearing dale made or 
 itientioiitd to be made between me A B. of of the one 
 part, and C. D. of of the other part I the faid 
 
 A. B. in confideration of the fum of therein mentioned 
 to be paid by the faid C. D- and which was accordingly 
 paid, did demife, grant, Itafe, ftt and to farm let unto th'. faid 
 C D his executors, adminiftrators and affigns, all that 
 \_Ifere defltibc the premijes particularly as /el forth in the lenfe.'^ 
 To hold the fame unto the faid C. D. his executors ad. 
 
 miniftraiors 
 
RtUafet. 
 
 61 
 
 .ioiniftraters and affigns, from the next before the day 
 of the date of the faid in part recited indenture of demife, 
 for and during and until the full end and term of 500 
 years froni thence next enfuing, and fully to be complete 
 and ended, without impeachment of or for any manner of 
 wafte, at and under the yearly rent of one pepper corn, pay- 
 able at or upon the of if lawfully demanded : 
 In which faid in part recited indenture of leafe was con- 
 tained a provifo or condition, that the fame (howld be 
 toid on payment of the fum of at a day long fince paft, 
 as in and by the faid in part recited indenture of leafe may 
 more fully appear. And whereas the faid fum of or 
 any part thereof, was not paid«n the day in the faid provifo 
 or condition mentioned and limited for the payment there- 
 of, but the fame, together with a large fum further for 
 intereft, amounting in the whole to the fum of remains 
 due to the faid C. D. And whereas I the faid y^. B. am 
 fully fatisfied that the faid monies fo due to the faid C. D. 
 on the faid in part recited indenture of leafe as aforefaid, is 
 the full value of the laid mortgaged premifes, and that I the 
 faid A. B. am not able to redeem the fame. [0/- thus, that 
 the faid C. D, hath oflFered to advance to me the faid A. B. 
 the further fum of to make the faid fum of the full 
 value of ] Now knoio ytj that 1 the faid A- B. in 
 confideraiion thereof, [Or, in confideration of the fum of 
 of lawful money of to me the faid A. B. in hand 
 well and truly paid at or before the fealing and delivery of 
 tbefe prefents, the receipt whereof I the faid ^ B. do heie- 
 by acknowledge] and for quieting the faid C. D. in the pof- 
 felfion and enjoyment of the faid mefluage and for ex- 
 tinguifhing all right of equity of redemption of the faid 
 mortgaged premifes, I the faid A. B have remised, releafed, 
 and for ever quit claimed, and by thefe prefents, do remife, 
 rtleafe and for ever quit claim unto the faid C. D his ex- 
 ecutors, adminiftrators and affigns, the faid provifo or condi- 
 tion in the faid in part recited indenture of leafe contained, 
 and all benefit and equity of redemption of the faid mef- 
 €uage,Scc.by virtue or colour thereof,or otherwife howfoever: 
 And alfo all and Angular the covenants, grants, claufes and 
 agreements in the faid in part recited indenture of leafe com- 
 F prifed 
 
ti 
 
 Re/ea/es. 
 
 prifcd, which on the part and behalf of the faid C. D. hfs ex. 
 editors, adininiftrators or afiigns, were to have been, or are 
 or ought to be preformed. And further the faid A. B. (at 
 the confiderationsaforefaid, hath granted, bargained and fold, 
 releafed, ratified and confirmed, and by thefe prefents, doth 
 grant, bargain, fell and confirm unto the faid C. D. his ex- 
 ecutors, adminiftrators and afligns, all and lingular the faid 
 mefluage above mentioned and recited to have been 
 
 granted and demifed unto the faid G. D. as aforefaid, and 
 every part and parcel thereof, with the appurtenances ; and 
 alfo all the eftate, right, title, intereft, claim and demand 
 whatfoever, both in law and equity, of me thg faid A. B. of, 
 in and to the faid mefluage or tenements and preniifes, and 
 of, in and to every part and parcel thereof, with the ap- 
 purtenances : To have and to hold all and Angular the faid 
 melTuage unto the faid C, D. his executors, adminif- 
 
 trators and afligns, for and during all the reft, refidue and 
 remainder of the faid term of 500 years, yet to come and 
 unexpired ; freely and clearly acquitted and difcharged of and 
 from all benefit and equity of redemption whatfoever.— y/nrf 
 the faid A. B. for himfelf, his heirs, executors and admin, 
 iftrators.doth covenant, promife, grant and agree, to and with 
 the faid C. D. his executors, adminiftrators and afligns, that 
 he the faid C. D. his executors, adminiftrators and afligns, 
 {hall and may from time to time, and at all times hereafter, 
 during therefidue and remainder of the faid term of 500 years, 
 in and by the faid in part recited indenture of leafe granted, 
 which is yet to come and unexpired, peaceably and quietly 
 have, hold, ufe, occupy and enjoy all and fingular the faid 
 mefluage and every part and parcel thereof, with the ap. 
 purtenances, without the let, fuit, trouble, hindrance, mo- 
 ieftation or interruption of me. the faid A. B. my heirs or 
 afligns, and of all and every other perfon or perfons whom- 
 foever, claiming or to claim, by, from or under me, them, or 
 any of them. In wituefs, &c. 
 
 A Relt afe of Bower, 
 
 KNOW all men by thefe prefents, that I A. B. widow 
 and relia of B. B. late of deceafed, for and in 
 
 confideration 
 
Rekajes, 
 
 Confideration of the fum of dollars of lawful money of 
 the United States, to me the faid A. B. by C. B. of 
 fon of the faid B. B. deceafed, well and truly paid% the re- 
 ceipt whereof I do hereby acknowledge, have remifed, re- 
 leafed, and for ever quit claimed, and by thefe prefents, do rc- 
 mife, releafe, and forever quit claim unto the faid C. B. all 
 and ail manner of dower and right and title of dower whatfo- 
 «ver, which I the faid A. B. now have, may, might, fliould, 
 ftr of right ought to have, or claim of, in or out of all and 
 every the manors, mcffuages, lands, tenements and heredita- 
 ments which were belonging to the faid B B. my late huf. 
 band, at any time during the coverture between him and me 
 the faid j4. B. fituated or elfewhere : And alfo all 
 
 manner of aftion or aflions, writ and writs of dower what- 
 fpever ; fo as neither I the faid A. B. nor any other per- 
 fon for me, or in my name, any manner of dower, or writ 
 of aftion of dower, or any right or title of dower, of or in 
 the faid manors, lands, tenements and hereditaments, or of 
 or in any part or parcel thereof, at any time hereafter (hall or 
 may have, claim, or profecute againft the laid C B. his heirs 
 or afligns. In wUnefs, Sec. 
 
 A Releafe of Errors. 
 
 KNOW all men by thefe prefents, that I A. B. of 
 have remifed, releafed, and for ever quit claimed, and 
 by thefe prelents, do remife, releafe, and for ever quit claim 
 unto C. D, of all and all manner of error and errors, caufe 
 and caufes of error, mifprifions, mlfentries, defeiSs and 
 .wrongful pleading and proceedings whatfoever, made, com- 
 Oiitted, omitted or done, in, about, or concerning one judg- 
 ment for the fum of together with coflsof fuit, by the 
 laid C, D. obtained againft me in the court of at 
 in term iaft pad ; and alfo all writs of error or errors 
 whatfoever concerning the fame. In tvitnefs &c. 
 
 [See more of Releafes under the head of Conveyances,] 
 
 Acquittance* 
 
64 
 
 ^cquUtancet and Reeeipts. 
 
 ACQUITTANCES and RECEIPTS. 
 
 A Receipt or Acquittance for Rent paid. 
 
 RECEIVED il.is day of of Mr. ^. B. the fum 
 of twenty dollars, which, with ten dollars move dif- 
 burfed by the faid .4. B for taxes and reparation of the nn.ef- 
 fuage he now occupies, fituated makes in tiie 
 
 whole the fum of thirty dollars, and is in full of half a 
 year's rent due to me out of the faid premifes at laft. 
 i fay received, 
 
 D. 30 by me C. D. 
 
 A General Receipt. 
 
 RECEIVED of Mr. A. B. the fum of five dollars, in 
 full for and of all demands, I fay received, 
 D. 5 by me C D. 
 
 N. B. A general receipt will difcharge all debts, except 
 fuch as are on fpeciality, i. e. bonds, bills and other inftru- 
 menti) that may properly be called afts or deeds, viz. Thofe 
 that require to be executed in a folerrin manner, where the 
 fealing and delivery are the mofl eflential parts of the a£l ; 
 and on that account can only be deftroyed by fomething of 
 equal force, viz. fome other fpecialty, fuch as a general rc- 
 leafe. This receipt will not difcharge indorfeable promilTory 
 notes or inland bills. [_Ser Promiffory Notes, page 29.] 
 
 An Acquittance for Debt received of a third 
 Hand. 
 
 RECEIVED this of Mr. A. B. by the hand of 
 Mr. C. D. the fum of five dollars, in full for certain 
 goods bought by the faid //. B. of me. I fay received 
 in full of all demands^ 
 
 D. 5 by me E. F. 
 
 An Acquittance for Money received by a third 
 Perfon for the U'fe of another. 
 
 RECEIVED this of Mr. A. B. the fum of ten 
 dollars, in full for work done by Mr. C. D. for the 
 
 f^id 
 
jlcqtiitiances and Receipts. 65 
 
 faid A. B. I fay received by the order and for the ufe of 
 the faid Mr. C. D. 
 
 D, 10 by me G. H. 
 
 An Acquittance for Money received in Part of 
 a Debt due on Bond. 
 
 RECEIVED this of Mr. J. B. the fum of fixty 
 
 dollars, in part of payment of a greater fum due to 
 me on bond from the faid Mr. ji. B. I fay received, 
 D, 60 by me £. D. 
 
 A Receipt for Interefl due on Bond. 
 
 RECEIVED this of Mr. A. B. the fum of five 
 dollars, in full for one year's intereft of 100 dollars, 
 due ts me at Chriflmas lad on bond from the faid A. B. I 
 fay received, 
 
 D. 5 by me C. D. 
 
 Note ; Befidcs thefe receipts to be taken on payment of 
 money due on bonds, it is proper to have ea'ch payment ea- 
 dorfed on the back of the obligation. 
 
 An Acquittance for a Legacy. 
 
 RECEIVED this of A. B. executor of the laft 
 
 will and teftament of C. D. late of deceafed, the 
 fum of eighty dollars, in full of a legacy bequeathed to me 
 in and by the laft will and teftament of the faid C. D. I 
 iay received in full of all demands, 
 
 D. 80 by me E. F. 
 
 _ An Acquittance to an Adminiflrator on Payment 
 of a Debt due from the Intefiate. 
 
 RECEIVED) this of Mr. A. B. adminiftrator of 
 
 the goods and chattels, rights and credits of C. D. 
 late of deceafed, the fum of one hundied dollars, in full 
 of a debt owing rae by the faid C. D, in his life time, for 
 F 2 houfehold 
 
66 jlcquittances and Receipts. 
 
 houfehold goods by me fold hira. I fay received in full of 
 all demands, 
 
 D. IS by me E. F. 
 
 A T^eceipt proper to he taken upon a PerforCs 
 giving a Promijfory Note for a Book Debt. 
 
 RECEIVED this of Mr. A. B. a promiffory note 
 for the fum of fifteen dollars, payable to me or order 
 months after date ; which fum, when paid, is in full 
 of all demands. I fay received, 
 
 D. 15 byme,£.2r. 
 
 Acquittance for the Purchafe Money on the 
 executing of a Conveyance^ to be indorfed on 
 the back of the Deed. 
 
 RECEIVED the day and year within written, of the 
 within named K. L. the fum of one thoufand dollars, 
 being the full confideration money within raeutioned to be 
 paid to me. I fay received, 
 
 D. 1000 by me E, F. 
 
 Witneffes to the payment \ 
 of the money, J 
 
 A Receipt for Writings intrufled in a Perfon^s 
 Hands. 
 
 RECEIVED this of I. M. of four feveral 
 
 deeds or conveyances; one of them purporting to be a 
 leafe of and made between another of them to be an 
 afiignment of the faid Icafe, and made betwe^ and the 
 
 ether two to be a leafe and releafe, and made between 
 For which feveral deeds or writings I hereby promife to be 
 accountable, and to re-deliver the fame to the faid L. M, 
 on demand. la 'w'ltne/s, &c, 
 
 0/ 
 
Bargain and Sale. 
 
 Of BARGAIN and SALE and BILLS 
 of SALE. 
 
 A BARGAIN and fate transfers lands and tenements from 
 one perfon to another ; but a bill of fale only the pro- 
 perty of goods. There inuft always be a valuable confidera- 
 tion, where lands are conveyed by bargain and fale: And 
 where the freehold is by deed to pafs, iiirolment is neceffary 
 within fix months after the date of the bargain and fale, and 
 then it needs no livery and feifin. 27 Hen. 8.f. 10, 16. 
 
 A bill of fale of goods and chattels may be made without 
 a valuable confideration, or inrolment ; but muft have lirery 
 and feifin. Bac. Abr, 71. 
 
 Though a deed of conveyance exprefs a confideration of 
 money upon a purchafe, it is no proof that the money ex- 
 prefled was really paid ; but proof of it muft be aftuallf 
 made by witneffes. Stjl. Rep. 462. 2 Will. Rep. 295. S. P. 
 
 A common Bargain and Sale of Lands. 
 
 THIS indenture made the day of in the year 
 
 of our Lord between A. B. of of the one 
 
 part, and C. D. of of the other part, witneffeth, That 
 the faid A. B. for and in confideration of the fum of 
 of lawful money of to him the faid A. B. in hand well 
 
 and trul}? paid, the receipt whereof is hereby acknowledg.ed j 
 he the faid A. B. hath granted, bargained and fold, and by 
 thefe prefents doth grant, bargain, and fell unto the faid C. 
 D. his heirs and afligns, all that mefliiage and alfo 
 
 all trees, woods, under woods, commons and common of paf. 
 ture, ways, watercourfes, profits, commodities, advantages, 
 hereditaments and appurtenances whatfoever, to the faid mef- 
 fuage above mentioned belonging, or in any wife appertain- 
 ing; and the^reverfion and reverfions, remainder and remain- 
 ders, rents, iffuesand profits of the faid premifes, and of every 
 part and parcel thereof ; and all the eftate, right, title, in- 
 tereft, claim and demand whatfoever of him the faid A. B, 
 
 of 
 
68 
 
 SUh <^ Sale. 
 
 of, in and to the faid meffuage and premifeS) and every 
 
 part thereof: To haw and to bold the faid meffuage 
 and all and fingulat oiher the premifes above mentioned, and 
 every part and parcel thereof, with the appurtenances, unto 
 the faid C. D. his heirs and afligns, to the only proper ufc 
 and behoof of the faid C, D. his heirs and afligns for ever — 
 ^nd the faid B. for himfelf and his heirs, the faid mef- 
 fuage and premifej, and every part thereof, againft him 
 and his heirs, and againft all and every other perfon and per- 
 fons whomfoever, to the faid C, D. his heirs and afligns, (hall 
 dnd will warrant and for ever defend by thefe prefcnts. 
 In luitae/s, &c. 
 
 A Bill of Sale of Goods. 
 
 KNOW all men by thefe pre fen fs, that I B. F. of 
 for and in confideration of the fum of of lawful 
 
 money of to me in hand paid by C. D. of at or 
 
 before the fealing and delivery of thefe prefents, the receipt 
 whereof I the faid B. F. do hereby acknowledge, have grant- 
 ed, bargained and fold, and by thefe prefents, do grant, bar- 
 gain and fell, unto the faid C. D. his executors, adminiftra- 
 tors, and afligns, all the goods, houfehold fluff, implements 
 and furniture, particul.irly mentioned, expreffed and contain- 
 ed in the fchedule hereui.to annexed [Or thus, herein alter 
 particularly mentioned, that is to fay, one bedftead, &c.3 all 
 and Angular which faid premifes are now remaining, ftanding 
 and being in a certain meffuage or tenement, fituated 
 and now or late in the occupation of the faid B. F. To have 
 and to hold all and fn^j ular the faid goods, houfehold llufF 
 and furniture, and other the premifes above bargained and 
 fold, or mentioned or intended fo to be, to the faid C. Z>. 
 his executors, adminiftrators and affigns for ever. And I 
 the faid B. F. formyfelf, my heirs, executors and adminiftra- 
 tors, all and Angular the faid goods unto the faid Cm 
 
 D. his executors, adminiftrators, aid afligns, againft me the, 
 faid B. F. my executors and adminiftrators, and againft all- 
 and every other perfon and petfons v^liomfoever, fhail and will 
 warrant and for ever defend by thefe prefents. Of all and 
 fingular which faid goods I the faid B. F. have put 
 
 the faid C. D, ia full poffeffion, by delivciing to him she laid 
 
Bills of Sale. 
 
 69 
 
 C. D. oncfiJver fpoon, at the fealing and delivery of thefe 
 
 prefents, in the name of the whole premifes hereby bargained 
 and fold, or mentioned or intended fo to be, unto faina the 
 faid C. D. as aforefaid. In lu'itnefs^ &c. 
 
 Ihe form of indorjing Livery and Seijin on the 
 above Bill of Sale. 
 
 MEMORANDUM, the day and year firft within 
 written, livery and feifin of the gfoods by the 
 within written deed, bargained and fold, wa? delivered by 
 the faid B. F. to the faid C. D. by giving and delivering to 
 the faid C. D. one filver fpoon, in the name of the whole 
 goods and premifes fold, in prefence of us. 
 
 A Bill of Sale of Part of a Ship by Indenture, 
 
 THIS indenture made the day of in the 
 
 ytar between B. F. of of the one part» 
 
 and C. D. of of the other part, ivilnejiih, That the 
 
 faid B. F. for and in confideration of the fum of to 
 him the faid B. F. in hand well and truly paid, at or be- 
 fore the fealing and delivery of thefe prefents, the receipt 
 whereof the (aid B. F. doth hereby acknowledge, hath 
 granted, bargained and fold, and' by thcfe prefentSj doth 
 grant, bargain and fell unto the faid C, D. his executors, 
 adminiftrators and afligns, one fourth part, the whole into 
 four parts equally to be divided, of all thai Ihip or veflel, 
 . called of the burthen of together with one full 
 
 } fourth part, the whole to be divided as aforefaid, of all the 
 \ mails, fails, fail yards, anchots, cables, ropes, cords, boats, 
 ' cars, guns, gunpowder, fhot, tackle, apparel, ammunition, 
 } and furniture to the faid (hip belonging, or in any wife ap- 
 ! pertaining : To have and to hold the faid fourth part of the 
 I faid fhip or veffel, and other the premifes hereby granted, 
 I bargained and fold, or mentioned or intended fo to be, unto 
 ! the faid C. D. his executors, adminiftrators and afligns for 
 ever, as his and their own proper goods, and to and for his 
 
 and 
 
70 
 
 Bills of Sale. 
 
 and their own proper ufe and ufes for ever. — And the faici 
 B. F. doth hereby, for himfelf, his heirs, executors and 
 adminlftratorS) covenant, promife, grant and agree to and 
 with the faid C. D. his executors, adminiftrators and af- 
 figns, that the faid B. F. at the time of tlic fcaling and de- 
 livery of thefe prefents, is the true and lawful owner and 
 proprietor of the faid fourth part of the faid fhip or vefTelj 
 and premifes hereby granted, bargained and fold, or men- 
 tioned or intended fo to be, unto the faid C. D. his execu* 
 tors, adminiftrators and afiigns, as aforefaid : And that he 
 the faid B. F. at the time of the fealing and delivery hereof^ 
 hath in himfelf full power and good authority in law, to 
 grant, bargain and fell the faid fourth part of the faid fliip' 
 or velTel and premifes above bargained and fold, or men- 
 tioned or intended fo to be, unto the faid C. D. his execu- 
 tors, adminiftrators and afligns in manner aforefaid : And 
 alfo that it (hall and may be lawful to and for the faid C. D. 
 his executors, adminiftrators and affigns, from time to timfe,^ 
 and at all limes hereafter, quietly and peaceably to have, 
 hold, poffcfa and enjoy the faid fourth part of the faid (hipj 
 and all other the premifes hereby granted, or mentioned or 
 intended fo to be, vcithont the let, trouble, denial, molefta- 
 tion, hindrance or difturbance whatfoevcr, of him the faid 
 B. F. his executors, adminiftrators or affigns, or of any 
 other perfon or perfons whomfoever, lawfully claiming or 
 to claim by, from or under him, them, or any of them ; 
 and that fieed and difcharged of and from all former and 
 other bargains, files and incumbrances made, done or com- 
 mitted by him the faid B. F. or any other perfon or per- 
 fons, by his order, confent, privity or procurement. 
 In loittiefs, isfc. 
 
 A Bill of Adventure at Sea. 
 
 TO all people, I J. K. of fend greeting : Whereai 
 I the faid y. K. intend, by God's permifTion, to make 
 a voyage unto in the fhip called whereof E. F. is 
 tnafter, and now bound thither : And whereas T. S. of 
 the day of the date hereof, hath paid unto me the faid 
 y. K. the futn of (or configned to me one gold watch 
 
 &c.) 
 
C 'tJUy Grants and Exchanges. 
 
 7» 
 
 |tc. ) the receipt whereof I do hereby acknowledge; the 
 adventure of which faid fum of or watch, &c, the 
 
 faid T. S- hath inirufted me with, and is content and agreed 
 to bear and ftand to out and home. Now inoiu ye. That 
 I the faid ^. K. do for me, my txecutors and adminiftra- 
 tors, covenant and grant to and with the faid T. S. his ex- 
 ecutora, adminiftrators and afQgns, by thefe prefents, that I 
 the faid J. K- my executors, adminiltrators and afligns, 
 fliall and will difpofe, convert and employ the faid 
 in the faid voyage, to and for the beft and moft advantage 
 to the faid T. S. his executors, adminiftrators or alfigns, 
 according to the beft of my (kill and knowledge : And alfo 
 that I the faid J. K. my executors, adminiftrators or affigns, 
 |hall and v/ill within days next after my return from the 
 faid voyage, or the arrival and difcharge of the faid (hip 
 within the port of which ever (hall firft happen, not only 
 give and deliver, or caufe to be delivered, unto the faid 
 7". S. his execators, adminiftrators or afligns, a juft and 
 true account of the difpofition and management of the faid 
 jidventure ; but alfo well and truly pay and deliver, or caufe 
 to be paid and delivered, unto tlie faid T. S. his executors, 
 adminiftrators or afGgns, all fuch money and proceeds as 
 fhall be due and coming to him the faid 7". S. his execu- 
 tors, adminiftrators or afligns, from me the faid J, K. But 
 if the faid fhip be loft, mifcarry. or be caftaway in the faid 
 voyage, then no account is to be given by me the faid 
 K. (or the adventpre aforefaid. In ivitnefs, i^c. 
 
 Of GIFTS, GRANTS and EXCHANGES. 
 
 A Deed of gift paflies either lands or goads. It is good 
 againft the donor or perfan that makes it, and all 
 Others, except creditors, when it (hall appear to be done 
 tvith an intent to defeat them of their debts ; in which cafe 
 the law adjudgeth fuch deed void as to fuch creditors. 
 Grants are of the like nature with deeds of gift. In a good 
 grant or gift, there muft be a graotor or donor able ttf 
 
 grant j 
 
CifiSf Graats and Exehangts, 
 
 grant ; and a grantee or donee capable of the thing gnat- 
 
 ed Ue Wood's Infl. 332. Perk. 57. 3 Rep. 80. 
 
 An txcliangc is where a pcrfon being fcifed or poffrffed 
 of certain lands, and another perl'on of other lands, exchange 
 their interefts, fo that each (hall hare the other's lands. 
 Both the ellates granted mud be equal, as fee fimple for 
 fee finipK, life for life, a term fcr the like term, &c. yet 
 the things rxchangcd need not be of one nature, or equal 
 in value. Lii 63,04 Co. Lit. ^0,^1. 
 
 In every exchange is implied a condition of re entry upon 
 the lands given in exchange, if either of the parti'^s is evicl- 
 *d of the land granted him, or any pamhereof. ^Rep, 131, 
 
 A Deed of Gift of a Perfinal EJlate. \ 
 
 KNOW all men by thefe prefents, that I A. B. of | 
 in confiJetation of the natural love and affeftion ! 
 which I have and beat ^llto my beloved filler C. D. and alf(| I 
 for divers other goods caules and confiderations (ne the faid 
 ^ B hereunto mpving, have given, granted and confirmed , 
 and by thefe prefents, do give, grant and confirm unto the I 
 faid C. D. all and fingular my goods, chattels, plate, jewels, 
 leafcsand perfonal eftfltc whatfoever, in whofe hands, cuf- 
 tody or poircflion foever they be, within the ftateof 
 JTo have, hold and eiijov all and fingular the faid goods, 
 chattels and perfonal ellate afortfaid, unto the faid C. D, 
 her executors, adminiftrators and afligns, to the only proper 
 life and behoof of the faid C. D. her executors, adminiftra- 
 tors and afligns for ever. And i the faid" A. B. all and An- 
 gular the faid goods, chattels, perfonal eflate, and other the 
 premlfes to the faid C. D. her executors, adminillrators and 
 aflignn againft me the faid /I. B. my executors and adminif- 
 trators, and all and every other perfon and perfons whom* 
 foever, (hall and w ill warrant, and for ever defend by thefe 
 prefents. Of all and fingular which faid goods, chattels, 
 perfonal eftate and other the premifes, I the faid /I. B. have 
 put the faid C. D. in full pofreffion, by delivering to her one 
 pewter di(h at the time of the fealing and delivery of thefe 
 prefents, in the name of the whole premifes herebj granted. 
 Jn ivitnefst^Ct N. B. 
 
6'ifttt Grants and Exchangct. 
 
 78 
 
 IT. B. A memorandum of livery and feifin, in tbe form of 
 tliat to be indorftd on a bill of fale of goods, muft be here 
 likcwife ufed. 
 
 yi Grant of an Annuity hy Indenture. 
 
 THIS indenture made, &c. between j1. B. of of tbe 
 one part, and C. D. of of the other part, nvhnejfeth. 
 That the faid A. B. for in confidcration of the fum of 
 to him in hand veil and truly paid by the faid C D. at or 
 before the fealingand delivery of chefe prefents, the receipt 
 whereof the faid A. B. doth hereby acknowledge, hath giv- 
 en, granted and confirTied, and by thefe prefents, doth give, 
 grant and confirm unto the faid C. D. and his affigns, one 
 annuity of to be received, taken, had, and to be ijTuing 
 I out of all that raeCTuage, &c. with all and fingular the ap. 
 ' purtenances thereunto belonging, and every part and parcel 
 thereof, unto the faid C. D. and his afiigns, for and during 
 the natural life of him the faid C. D. payable asd to be 
 paid at and upon yearly, by even and equal 
 
 portions ; the iir^ payment to begin and be made at or 
 upon And if it fhall happen that the faid an- 
 
 rulty of or arjy part thereof be behind or unpaid, in 
 part or in all, fay the fpace of twenty-one days next after 
 either of the faid days or times of payment thereof, where- 
 upon the fame fhoiild or ought to be paid as aforefaid ; that 
 then, and fo often, and at any time thereafter, it fhall and 
 may be lawfrl to and for the faid C. D. and his afligns, 
 into and upon the faid mcfTuage and premifes above men- 
 tioned, or any part thereof, to enter and diftrain, and the 
 diftrefs and diftrefles then and there found, to take, lead, 
 drive, carry away and impound, and the lame impound to 
 take, hold, and keep, until the faid annuity and the arrears 
 thereof (if any flialLbe) together with all coftf and charges 
 thereabout, or concerning the fame, flinll be fuily paid and 
 fatislied. And tbe faid A, B. for himfelf, hi« heirs, execu- 
 tors and adminiftrators, doth covenant, grant and agree, to 
 and with tiie faid C. D. his executors, adminiftrators and 
 afligns, that he the faid y/. £. his heirs, executors or ad- 
 miniftratcis, (hall and will well and truly pay or caufe to 
 G be 
 
74 
 
 Gifts, Grants and EKchanges, 
 
 be paid unto the faid C. D. hi's executors, adminlftrators ot i 
 afligns, the faid annuity or yearly r^nt, charge, &c. above, 
 at the days and time, and in manner and form, gs above ex. 
 preffed and limited for payment thereof, according to the i 
 true intent and meaning of thefe prefents. And alfo, that 1 
 the faid mefluage, &c. above mentioned to be charged or | 
 chargeable with the faid annuity hereby granted., (ball from 
 time to time be and continue over, and fufTicient for the 
 payment of the faid annuity of yearly, dyring the lit'^ ( 
 of the faid C, D. In miitnefs. 3cc. - j 
 
 A Deed of Gift of Lands by Indenture. 
 
 THIS indenture, made, &c. between E. F. of of j 
 
 the one part, and G. H. fon of the faid E. F. of the | 
 other part, tuitneffeth that the faid E, F. as well for and in I 
 confid«ration of the natural love and afFedlion which he the f 
 faid E. F. hath and beareth unto the faid G. H. as alfo for j 
 the better maintenance, fupport and livelihood of him the | 
 faid G. H. hath given, granted, aliened, enfeoffed, and con- :( 
 firmed, and by thefe prefents, dnt^ give, grant, alien, enfeoff 
 and confirm unto the faid G. H. his heirs and afligns, all that 
 inefTuage, or manfion houfe, with the flable, bsrn, orchard, 
 garden and feveral pieces or parcels of land, arable, plough | , 
 and pafturc ground thereunto adjoining and belonging, com* ] I 
 monly called orknown by the name of now or late in ten- I 
 ure, poffcffion or occupation of and alfo, all that certain 
 farm, piece or parcel of land, fituate, lying and being 
 and now in the cccupation of : Together with all and 
 Angular the hereditaments and appurtenances thereunto be- 
 longing or in any wife appertaining to the faid mefruage, 
 farm, lands, tenements, hereditaments and premifes, hereby 
 mentioned, or intended to be granted and confirmed unto 
 the faid G. H. as aforefaid, or any part or parcel there- 
 of, belonging or in any wife appertaining, or therewith- 
 al commonly held, ufcd, occupied or enjoyed, or accep- 
 ted, reputed, taken or known as part or parcel of, 
 or belonging to the fame ; and the reverfion and rever- 
 
 fions, 
 
G'-fis, Grants and ExchangeSi 
 
 ns, remainder and remainders, rents, i/Tiies and pro* 
 of all and fingular the faid premifes, witli their ap- 
 partcnances, and all the eftate, right, title, intereft, pro- 
 perty, claim and demand whatfoever of him the faid 
 F. of, in and to the faid meiTuage, farm, lands, tene- 
 nK'nts and premifes, and of, in and to every part and 
 parcel-thereof, with their and every of their appiirtensnces : 
 To ha-ve and to hold the faid meiTuagc, lands, tenements, 
 ' ■iditaments, and ail and fingular other the premifes hereby 
 ;!ited and confirmed or mentioned, or intended fo to be, 
 h their and every of their appurtenances, unio the faid G. 
 . his heirs and afTigns, to thccniy proper ufe and behoof of 
 the faid G. H, his heirs and afligns for ever. And 
 the faid E. F. for himfeif, his heirs, executors and admin- 
 jilrators, doih covenant, grant and agree, to and with the 
 faid G. H. his heirs and aifigns, by iheie prcfents, that he 
 ■ c faid G. H. his hell sand affigns, /hiail and lawfully may, 
 T) time to time, and at all tinits hereafter, peaceably and 
 ;tly hdve, hold, ufe, occupy, poflcfs and enjoy the 
 meffuage, farm, lands, tenements, hereditaments, and 
 rnifes hereby gianied and confirmed, or mentioned or 
 .rnded to be hereby granted and confirmed, with their and 
 : .ery of their appurtenances, free, clear, and fully difcharg- 
 ed, or veil and fufficiently faved, kept harmlefs and indem- 
 ' 'cd, of, from and againft all former and other gifts, grants, 
 j;aiRS, fales, jointures, feoffments, dowers and eftatcs> 
 and of, from and againft all former and other titles, troubles, 
 charges and incumbrances whatfoever, had, done, or fuffered, 
 or to he had, made, done, or fufftred by him the faid E. F. 
 his heirs or afligns, or any other perfon or perfons, lawfully 
 claiming or to claim, by, from, or under him, them, or any 
 of them. In luUnefs, Sec. 
 
 Note ; Livery and feifin muft be delivered on this grant. 
 See livery and ftijtn. 
 
 An Exchange of Lands for a T erm of Tears. 
 
 ^"^HIS tvitnture made between £. F. of the one 
 
 X part, and Q. H. of of the other parr, lu/tnefah 
 
 that the faid S, t\ baib given, granted, baigained and iold, 
 
 and 
 
76 
 
 G'lftSy Granlt and Exchanget. 
 
 and by tliefe prefents, doth give, grant, bargain and fell unto 
 ihe faid G. H. his executors, adminiftrators and afligas, all 
 that meffuage with the appurtenances, fituated 
 together \_See henfes/or the general words to be u/ed 
 
 on a demife of hou/es,'] To have and hold the faid meffuage and 
 premifes above mentioned, with the appurtenances unto the 
 faid G. }L his execurors, adminiftrators and afTigns, from 
 the day of laft paft, for and during, and unto the full 
 end and term of ninety-nine years, from thence next enfuing, 
 and fully to be complete and ended, if he the faid E. F. and 
 G, H. rkall fo long live, in exchange for one other meffuage 
 fituated by the faid G. H. granted to the faid E. F. 
 executors, adminiftrators and afligns, as herein after men- 
 tioned. And this indenture further •w 'lDieffeth, that the faid 
 G. H. in confideration of the faid bargain and fale fo made 
 unto him the faid G. H. by the faid E. F. as aforefaid, hatb 
 given, granted, bargained and fold, and by thefe prefents doth 
 give, grant, bargan and fell unto the faid E. F. his execu- 
 tors, adminiftrators and affigns, all that the faid meffuage 
 with the appurtenances lall above mentioned, together 
 [See as before dtreBed^ To have and to hold the faid laft 
 mentioned meffuage or tenement and premifes, with the ap- 
 purtenances, unto the faid E. F. his executors, adminiftrators 
 and affigns, from the faid day of laft paft for 
 
 and during, and nnto the full end and terra of ninety-nine 
 years, from thence next enfuing, and fully to be complete 
 and ended, if he the faid G. //. and E. F. (hall fo long live, 
 in exchange for the faid meffuage &c. fiift above mentioned 
 lo be granted by the faid E. F. to the fr id G. //. iu ex- 
 change, as aforefaid. A»J the faid E. F. for himfelf, his 
 hclfs, executor* and adminiftrators, doth covenant, grant and 
 agree to and with the faid G. H. his executors, adminiftrators 
 and afligns, that he the faid G. //. his executors, adminiftra- 
 tors and alligns, fhall atid may from time to time, and at all 
 times hereafter, during the faid term hereby granted by the 
 (iiid E. F, as aforefaid, pea.;e;ib!y and quietly have, hold, 
 occupy, poffefs and enjoy the faid meffuage, &c. and other the 
 premifes firft above mentioned, with the appurtenances, with- 
 out the let, fujt, trouble, hindrance, moleftation, interruption, 
 eviifton, or diilnrbance of him the faid E. F. his executors 
 or adminiftrators, or of any of them, or of or from any other 
 psifon or perfons whcnifoever, lawfully claiming or to claim, 
 
Lsafes, 
 
 77 
 
 bv, frotnor ander htm, them or any of them. And the faid 
 G. II. for himfeif, &c. \Here u-fert from G. H. to E. F. tie 
 like cavenant nu'uh the hft, a: to ihs juict eKjpment of the iaji 
 mentioned meJJuage,SiZ. jrJd by him.\ Provided always, re- 
 verthelefs, ard ttiefe prefentsare upon this cor.diiion, ai,d it is 
 the ttue intent and meaning of the patties hereunto, that if it 
 fliall happen, that either of the faid parties to thefe prefents, 
 their executors, adminifttators or alTigns, ihall at any time 
 hereafter, during the faid refpedtive terms above granted, by 
 colour or means of ar.y former or othe-r gitt, grant, bargain 
 or fale or otherwife iiowfoever, be oufted or evifled of and 
 from the pcffeiTion of either of the faid raelTuages or tene- 
 mer.ts, a^d other the premifcs, fo tefpectiveiy giar;-ed in ex- 
 change as aforefaid, or any part thereof, then and in fucfa 
 cafe, t*iefc prefents, and every matter and thing theteir* con- 
 tained, (hall be utterly void, and of none efiect, and ciien and 
 thereafter it (hall and may be lawful to and for ife party or 
 parties fo oufted or evifted, into his or fheir faid former 
 tnefluage and premifes, with all and finguiar the ap- 
 
 pQr:enaflces to re-enter, and the fame to have again, re- 
 pcfTefs, and eDj^y, ascf his and iheir former eftate or eilates; 
 any thing he;ein contained to the contrary iheieof ia any 
 wife notwiihftanding. /« luitnejs, Sec. 
 
 Of leases. 
 
 ALeafe or demife is a deed in writing, whereby the 
 enjoyment of a real thing under a certain rent, or on 
 other conditions, is contrad^ed for. The pei fon granting 
 the leafe is called the lejfor, and the tenant or perfon to 
 whom it is granted, the lejjee. Co. Lit- 43. 
 
 Leafes are either in perpetuity for life, or yeais ; fuch 
 as are in perpetuity or for life, arc called freeho.'d, and re- 
 quire livery and feijin, which you may fee under its proper 
 head. Leafes for years are termed chattels, i. e. a pctfonal 
 eftate which defcends not to the heir of the deceifed party ; 
 as in cafes of eftates of inheiitancc, but goes tg his cstcutora 
 or adrainillrators. 
 
 G2 A 
 
28 Leafet. 
 
 ^ Leaje of Ground for Building a Houfe up> 
 
 THIS indenture made the day of 5n the year . 
 our Lord beliveen /I. B. of of the one par 
 aiid C. D. o( &C. of the other part, •whnejjeth, that the faid ^ 
 J3. for and in confideration of the rent, covenants and agre^ 
 ments herein after mentioned and refei vcd, on the part and 
 behaU'of the faid C i>. lo be paid, done and preformed, /^i///^ 
 granted, demifed, leafed, fet and to farm leiten, and by thcfe 
 p:cfents, cJoth graat, demife, leafe, fet and to farm let unto 
 the laid C. D. his executors, adminiftrato>8 and afBgns, all 
 that piece or parcel of ground, containing in length twenty 
 five feet, and in b-eadth twenty feet, or thereabouts, lying 
 and being in or near, &c. To have and to hold the faid piece 
 or parcei of ground above mentioned, unto the faid C. D. 
 feis executors, adminiftrators and affigns, from for and dur- 
 iug the full end and term of from thence next enfuing, 
 and fully to be complete and ended, y/f/(/»«j?nd paying .here- 
 • for, yearly and every year during the faid term, unto the faid 
 A. B. his heirs or pfligns \jThefe tvords heirs or afligns are 
 only to le ufed luhere the inheritanee is in the lejfor ; for where he 
 has only a temporary ejlate in the thing leafid, you mii/1, in the 
 place of heirs, bfc. ufe executors, adminiftrators or alfignsj the 
 the, yearly rent or fum of of lawful money of on by 
 even and eiiual portions ; the firil payment theteof to begin and 
 be made at or upon next enfuinf^; the date of thefe prcfents, 
 Prumitted always, neverihclefs, and it is the true intent and 
 meaiiio'r of thefe prefen;s, and of the parties hereunto, that if 
 it fhali happen that the faid yearly rent of hereby referved, 
 or any pan thereof, be behind or unpaid, by the fpace of 
 days next over or after either of the faid days, 
 whereon the fame ought to be paid asaforefaid (the fame be- 
 ing (ir(t lawfully demanded) that thin and from thenceforth 
 it fhall and may be lawful to and for the faid A. B. his execu- 
 tors, adiiiinilhator9 or afligns, into and upon the faid demi- 
 fed prcinifcs, and every or any part or parcel thereof, with the 
 appurtenances, in the name of the whole, to enter, and the 
 fame to have again, re-polTefs and enjoy, as in his or their firil 
 and former eftatc and clhites, and iiim, the faid C. D. his ex- 
 ecutors, admiiiiftrators or alfigns, and all and every other the 
 occupiers oi polTcilois of the fuid demifed piemifcs, ftona 
 
 theuce 
 
 J 
 
 ill 
 
Leafet. 
 
 79 
 
 Siencc utferly to expel, remove, and pat out ; any diing in 
 thefe prcfents contained to the contrary thereof in any wife 
 Dotvvithflanding. And the faid C. D. for himfclfi his heirs, 
 executors and adrninilfrators, doth covenant, gtant and agree 
 to and with the faid A. B. his heirs and aflligns [5«< thm, 
 his executors, adminiftrators and affigns, tn cafe the leffor hat 
 ettlj a temporary ejiate in <wbal it leafei'\ that he the faid 
 C. D. his executors, adminiftrators or aihgns, fliall^well and 
 truly pay or caufe to be paid urto the faid C. D. his heir? or 
 adigns \_or executors, itc. ai in the above ob/eTiiatioK'\ the 
 aforefaid yearly rent of at the days and times and in fucti 
 manner and form as herein before is limited and appointed for 
 the payment thereof, according to the true intent and mean- 
 ing of thefe prefentt . Antl that he the faid C. D. his execu- 
 tors, adminiftrators or aftigns, (hall and wiii on or before the 
 day of next enfuing the date hereof, at his or their 
 own proper cofts and charges in all things, make, ereft, fet up 
 and fmifh, or caufe or procure to be made, erected fet up and 
 iiiiifhed, upon the faid piece or parcel of ground herein before 
 mentioned and demifed, one good and fubftancial houfe of 
 brick, of three ftories high, befides the garret,', the lower 
 ftcry whereof to be ten feet high at the leaft, the next ftory 
 over that to be like wife ten feet high at the leaft, the third 
 ■ftory to be eight feet high at the ieaft, and the gariets to be 
 fix feet high at the leaft ; and (hall and will make, or caufe 
 to be made to every room thereof (the g.-jrrets excepted) two 
 fiandfome fafti-windows of good carpenter's or joiner's worit, 
 each of them fix feet high, and four feet broad at the leaft, 
 and (hail and will well and fufSciendy fadi and glaze the 
 fame with good crown glafs, and (hall and wiil ceil all the 
 floors over head with lime and hair, without any loam, and 
 make convenient dormer-windows to all the garrets, and tile 
 over all the faid building with tiles, and iay tlie tiles 
 
 with lime and fand ; and (hail and will make convenient 
 doors, with hooks, hinges, locks and keys to all the rooms of 
 the faid building, and floor with inch b jards all the floors, and 
 nail them with eight penny nails ; and make convenient 
 chimnits with brick, limt and fand, and free ftone hearths, 
 and one convenient cellar throughout all the faid build- 
 ing, to be paved with brick, and a vault of brick for 
 a privy ; and (ball pave wiiU (lone the llrccC on both 
 
 (ides 
 
9o tcojct, 
 
 fides thefaid building. And that he the faid C. D. hiseX" 
 editors, adininiRrators ot affigns, ftiall and will from time to 
 time, and at all times during ihe faid term of years, 
 well and lufficiently repair, uphold, fupport, maintain, fuf- 
 tain, amend, sfiid kctp tlie faid building and tenement fo 
 eredled and finiftied, in, by and with all manner of needful 
 and neceffary reparations whatfcever ; and the fam-e being 
 in and by all things fo well and fifScicntly repaired, upheld 
 and kept in good and fuffieient repair, fliall and will, at the 
 end or other fooner dcterminatioi; of the faid term of 
 hereby granted, peaceably and quietly leave, furrender and 
 yield up unto the faid A. B. his heirs or afligns [or execu- 
 tors, 8ic. as ohfcrved Lefere'\ together with ail and every the 
 doors, w indows, window fl'.utters, locks, keys, bolts, fta- 
 pies, latches, hooks, hinges, walnfcots, cifterns, pipes, 
 pumps, conduits, dreflers, tables, (helves, hearths, grates, 
 ftoves, chiraiiies, chimney-pieces, lafhes and g!a(fes, of and 
 belonging to the fame. And the faid C. D. doth hereby 
 further covenant, grant and agree, that neither he the faid 
 C. Z). his executors or adminiftrators, nor any other perfon 
 or perfons, on his or their account, (hall or will, at any 
 time during the faid ttrm hereby granted, fell or retail any 
 beer, ale or other liquors whatfoever, nor keep any vidlual- 
 ling or other fuch public houfe of entcttainment, within 
 the faid building or tenement fo to be erefted as aforefaid, 
 nor ufe, permit or lufTcr the trade of a tallow chandler, or 
 otherfuch like offcniive trade to be carried on therein, with- 
 out the licence of the faid A. B. his heirs or afTigns [or 
 executors, &c. as abovf'] firft had and obtained in writing. 
 Provided alfo neverthelcfs, and it is fiitthercovenanted and 
 agreed by and between the faid parties to thefe prefeno, 
 that if the faid C. D. his, &c. do not before the day 
 ©f aforefaid, at his and their own cods and charges, 
 
 make, erefl, fet up ;ind finifh the faid houfe, building or 
 tenement, in all tilings as the faid C. D. hath before cove, 
 nanted and agreed to do, that then and from thenceforth 
 this prefent leafe or demife, and cvety thing therein con« 
 taincd, ftiall ceafe, be void and of no effeft ; and the ef- 
 tate hereby granted to the faid C. D his executors, ad- 
 miniftrators and affigns, (hall ccafe and determine to all in- 
 tents 
 
Leafis. 
 
 8t 
 
 tents, conftruftions and purpofes whatfoever ; any thing 
 hcein contained to the contrary thereof in any wife not- 
 withftanding. And the faid A. B. dotli for himfclf, his 
 heirs, executors and adminiftrators, covenant, grant and 
 agree to and with the faid C. D. his executors, admiuiftia- 
 tors and afEgns, that he the faid C. D. his executors, ad- 
 miniftratcrs and afligns, paying the rent and performing all 
 and Angular the covenants and agreements before, in and by 
 thefc prtfents comprifed, referved and contained, on his or 
 their part and behalf, to be paid, done, performed and kept| 
 (hall and may lawfully peaceably and quietly have, hold, oc- 
 CHpy, poffefs and enjey the faid piece or parcel of ground 
 herein bffore granted and demifed, together with the faid 
 houfe) building or tenement to be thereon ere(flcd and built, 
 as aforefaid, with the appurtenances, for and during the faid 
 term of herein before granted, without the lawful let, 
 
 fuit, trouble, molrftation, eviitinn, expulfion or interruption 
 of or by him the faid A, R. his heirs or affigns [«r executors, 
 &c. as befcre"] or by any other perfon or perfons whomfo- 
 ever, lawfully claiming or to claim, by, from, or under him, 
 them, or any of them, or by or with any of their privity, aflenr, 
 confent or procurement. — \_lncaje the hjjfsr holds ihe premi- 
 fes on leafe, then add the folloiumg clauje viz. ] And that well 
 and fufficicntly faved harmiefs and kept indemnified of and 
 frr.tn the rent and covenants referved and contained in the ori- 
 ginal indenture of leafe, under which the faid A. B. holds the 
 faid demifed premifes for a longer term than is hereby lettcn. 
 
 A Leafe of a Houfe ivitb Goods therein. 
 
 THIS indrv'.ure made this day of between 
 
 A. B. of of the one part, and C. D. of of 
 
 the ofhf-r part, ''x'ttnrffcth^ that the faid A. B. for and in con- 
 ficieraiion of the lent, covenants and agreements hereafter in 
 and by thefe prefents nienrioneu, referved and contained, on 
 the part and behalf of the faid C. D. his execuiors, adminif- 
 trators and aflfrgnf, to be paid, obferved, done and ))erformed, 
 haiL- granted, demifed, leafed, fet and to farm letten, and by 
 thefe prefents, doih grant, leafe, fet and to farm let unto the 
 fiiid C, D. his executors, admiuifttators and affigns, all that 
 
 brick 
 
82 
 
 LeafeSi 
 
 brick houfe, meffuage or tenement, with all and fingular lU 
 appurtenances, fituate, Handing and being in a certain Itreet 
 place, called or commonly known by the name of io 
 the city of [or, in the county of ] containing 
 
 in depth oh the north fiJe &c. (Here defcr'ibe the boundu 
 according to the meafiire thereof J butting eaft upon flrcet 
 aforcfaid, weft upon an meffuage or tenement, now or late in 
 the tenure or occupation of north upon and fouth 
 upon together with all and fingular the appurtenances 
 
 wliatfoever to the faid brick houle, meffuage or tenement and 
 premifes belonging or in any wile appertaining, and there- 
 with heretofore held, ufed occupied and enjoyed by 
 late occupier thereof ( If funi'tture he let lailh the houfci then 
 proceed thus •viz, together alfo with the goods, houfehold 
 ftufF and furniture, ia the fcliedule or inventory hereto annex- 
 ed, if it be tacked to the back part tf the leafe ; hut if to the 
 fore Jmrt thereof, wohich is maji iifualy thtrt faj prefixed^y 
 To hanje and to hald the faid brick houfe, meffuage or tene- 
 ment, and all and fingular other the" premifes herein before 
 granted and dcmifed, or mentioned oi intended fo to be» 
 with the appurtenancef, unto the faid C. D. his executors* 
 adminiftrators and aliigns, from the day of next 
 
 eiifuing the day of ihe date of thefe ptcfenis, for and during, 
 and untH the full eiiti ana term of from thence Dcxtenfu- 
 ing and fully to be complete and tr\ieA; jicldittg and paying 
 therefor, yearly and evoy year, duiing the faid term, unto 
 the faid ji. B- his esccuiors, adminiftrators or affigns \_In 
 cafe the leffor hath an inheritance in the fremifes, then injiead (f 
 executors, &c. fwriie his heirs or afiTignsj the yearly rent of 
 
 of lawful motley of on the day of 
 
 in every year, by even and equal portionsi The firft pay- 
 ment thereof to begin and- 10 be made, &c. next enfuing 
 the date of thefe prefents. Provided a\xa\s iieverthelefs, 
 and it is the true intent and meaning of thefe prtl'cnts, and 
 of the faid parties hereunto, that if it (hall happen that the 
 faid yearly rent of heieby rererved,or any part thereof, 
 be behind and unpaid, by the fpace of next over or 
 after any of the faid days, whereon the fame ought io be 
 paid as aforefaid (the fame being firft lawfully demandeii) 
 that then and from thenceforth, it fliall and may be 'awful 
 
 to 
 
s 
 
 heafes, 8j 
 
 to and for the faid A. B. his, &c. into and upon the faid 
 demlfed premifeS) and every or any part or parctl thertof, 
 witli their appurtenances, in the nanoe of the whole, to re- 
 enter, and the fame to have again, repoiTtfs and enjoy, as 
 in his or their firft or former eftatc or eitates ; and him the 
 faid C, D- his executors, adminiflrators and afGgns, and all 
 and every other the occupier or occupiers of the faid de- 
 mifed premifes, froai thence utterly to expel, remove and 
 put out ; any thing in thefe prefents contained to the con- 
 trary thereof in any wife notwiiLftanding. And the faid 
 C. D. &c. \_Here Infert a covenant for payment of rentt at in 
 the preaJi'ig hafe.'\ And that tlie fijid C, D. his executors, 
 sdminiilrators and afllcjns, (hall and will from time to lime, 
 and at all times hereafter, during the faid term of 
 herein before granted, at his and iheir own proper cods and 
 pharges, well and fufF.ciently keep in repair, the faid demifed 
 premifes, with their and every of their appurtenances, and 
 alCb the glafs win jows, pavements, privies, finks, and gutters, 
 belonging to the fame, in, by and with all manner of need- 
 ful and neceffaiy reparations and amendments whatfoever, 
 iyhen and as often as the fame fhall require (damages by fire 
 only excepted) and the fame premifes with all and Angular 
 their appurten'anes, being in and by all things fo well and 
 fui&ciently repaired and kept, (except as befofe except, 
 cd) at the end, expiration or other fooner deterrainatioa 
 of the faid term of hereby granted, (hall and will 
 
 cjuietly and peaceably lea^e, furrer.der and yield up unto the 
 faid A. B. his &c. together with the faid goods, houfchold 
 Suff and furniture, the ufe whereof is herein before granted, 
 as aforefaid \ If any fuch there be] particulaily comprized, 
 exprcfled and mentioned in the faid fchedule or inventory- 
 hereunto piefixcd [but annexed, if the fchedule be to be fix- 
 ed to the back part of the leafe'\ in good and fufficient repair 
 and condition (reafonabie ufe and wearing thereof, and 
 damage by fire as aforefaid, only excepted j) that he the faid 
 CD. his executors, adminidraCors and afligns, fhal! and will 
 from time to time, and at all times hereafter, daring the faid 
 term hereby granted, pay and difcharge all taxes, charges and 
 impofiiioni ,>. hich (hall be taxed, charged, impofed or a(re(fe4 
 npon the faid melfjage or tenctpent or premifes, or any part 
 
 thereof 
 
fj^ Ltofes. 
 
 llereof. And the faid A. B. for himfelf, Sec. [Here inferl 
 fcveneiit for a juiei enjajmetii, as penned in the former lea/e.} 
 Jo witnefs, &c. 
 
 The Form of a Schedule to he prefixed to the laji 
 Leafe, 
 
 THE fchtdule or inventory to which the indenture of 
 demife hereto annexed refers : 
 F'trji., In the parlor, one table, &c. 
 In the dining room, up one flight of flairs, &c. 
 In the beft chj^mber, up two flights of ftairs, &c. 
 In, &c. \Tbus go on fart 'tcularJj through all the refi of 
 the frtmifei,^ 
 
 A Leafe of Lands from two to one. 
 
 THIS \ndeniurti made between A. B. of 
 
 and C. D. of of the one part, and E. F. of the 
 
 other part, rwitni-Jfeth, and the faid B. and C. D. for and 
 in confideration of the rent, covenants and agreements herein 
 after mentioned, referved and contained on the part and be- 
 half of the faid C. D. his executors, adminiftrators and aflign!!, 
 to be paid, done and performed, have, and each of them hath 
 granted, demifed, leafed, fet and to farm letten, and by thefe 
 prefents do, and each of them doth grant, demife, leafe, fet 
 and to farn) let unto the faid E. F, his executors, adminif* 
 trators and afligns, all that piece or parcel of land 
 lituate, lyiiig and lieing in (Here particularly dtjcr 'iht 
 
 (he premijet) with all and (ingular the appurtenances there> 
 unto belonging (except and always excepted out of this pre- 
 feni demife, or leafe, all timber trees flanding or growing iti 
 or upon the faid demifed premifes, or any pait thereof, and 
 alfo the ways through the fame to the other landsj at prefent, 
 belonging or appertaining to the faid A. B, and C. D. or ei- 
 ther of them :) To haaie and to hold all and fingular the faid 
 demifed premifes, with their and every of their appurtenan- 
 ces (except as is before excepted) unto the faid E, F. his ex- 
 ecutors, adminiftrators and afligns, from the day of 
 iof and during, and unto the full end and term of one ar.d 
 
 twenty 
 
Leafes. $5 
 
 twenty years from tticrtce next enfuing, and fully to be com- 
 plete and ended ; yieUitig, Sec. ( Here infert the rent referved, 
 and the days of payment, according to the method prtfcribed in 
 the two former leafes.) Pro-vidcd always, neverthelefs, Stc. 
 (Here infert as in the other ttafes, thi provifo for re-entry on 
 non-payment of rent, and lihewife the covenant for payment, ) 
 And alfo that the faid E. F. his executors, &c. (hall and 
 will from tinie to tiirie, and at all times during the faid term 
 hereby granted, at his and their own proper cofts and char- 
 ges, ttie faid demiftd premifes well and fufficiently repair, 
 maintain and keep ; and at the end, or other focner determi- 
 nation of this prefent demife or leaft unto the faid A.B. and 
 C. D. or tlic one of them, their or the one of their heirs or 
 afllgns ( If the lejfors have only a temporary flate in the premi- 
 ses, then fay, executors, &c. as direSed in the Jirft leafe) the 
 faid dcmiltd premifes and every part and parcel thereof fhall 
 and will lp;ive, futrender god yield up ; And that he th;- faid 
 E. F. iiis executors, adminiftrators and afligns, (hall and 
 will permit and fuffer the faid A. B. and C. D. or the one 
 lOf them, or the one of their agents, heirs or afligns (Or 
 /executors, &c. as abr.-oe obfer<ved ) from time to time, and at 
 all times during the faid term hei xby granted, to enter upoa 
 and view the ftate and condition of the faid demifed premi- 
 fes, And the faid /f. B. and C. D. for themfelves, and ei- 
 ther of them, their, and either of their heirs, executors and 
 adminiftrators, &c. \_Here infert the covenant for quiet enjoy' 
 tnent as tn the preceding leafes.'\ 
 
 A Leafe in comm'jn Ufd for Houfts and Lots in 
 "towns arid Cities. 
 
 THIS Indenture, made the day of in the year of 
 our Lord one rhoufand eight hundred, between .4. B. 
 of the firft nart, and C. D. of the fecond pait, witr.effeth. 
 That the faid patty of tl-.e firft part, for and in confideration 
 of the yearly rent, covenants and conditions, herein after con- 
 tained, on the part of -the faid party of the feco. d part, his 
 executors, adminiftrators and afngns lo bt- paid, kept and per- 
 formed, harh granted, bargained, leafed and to farm let, and 
 by thefe ptefcnt*, doth gram, bargain, leafe aud to farm lec 
 H unto 
 
86 
 
 Leafes. 
 
 unto the faid party of the fecond part, and to his execxitorj, 
 adminiftrators and afligns, all that certain dwelling houfe an4 
 lot of ground, firunte, lying and being in the village of Troy, 
 in the county of Renirdaer, and ftaie of New- York, bounded 
 as follows : on the eaft by Ferry-ftreet, on the fouth by the 
 dwelling houfe and lot of ground of E. F. on the weft by 
 Mili-ftreet, and on the north by the hoofe and lot of ground 
 of G. H. To have and to hold the faid premifes, with all and 
 fingular the privileges and appurtenances thereunto belonging, 
 unto the faid party of the fecond part, his executors, admin- 
 iftrators and afligns, for and during and until the full end and 
 term of ten years, from the day of the date of thefe prefents, 
 fully to be complete and ended ; yielding and paying there- 
 for, quarter yearly, during the continuance of this leafe, nntg 
 the faid party of the firft part, his heirs and afligns, th? rent 
 of fifteen dollars, on the twenty-firft day of July, a like fum 
 of fifteen dollars on the twenty-fiift day of Oftober, a like 
 fum of fifteen dollars on the twenty-firft day of January, and 
 a like fum of fifteen dollars on the twenty-firft day of April, 
 and a like fum fum of fifteen dollars on each and every of 
 the faid days in each and every year during the continuance 
 of this leafe. And the faid party of the fecond part, for him- 
 felf, his executors, adminiftrators and afligns, doth covenant, 
 grant and agree, to and with the faid party of the firft part, 
 his heirs and afligns, that he the faid party of the fecond part, 
 his executors, adminiftrators and afTigns, will from time to 
 time, well and truly pay, or caufe to be paid, unto the faid 
 parry of the firft part, his heirs or affigns, the rent above tct 
 ierved, at the days and times and in inanner aforefaid \^Here 
 infert a claufe of payment of taxes and ajfeffments if the ten- 
 ant is to pay the fame ; and alfo, fiich other /fecial matters 
 as the parties may agree on, to nuit, keeping the premifes in good 
 repair, eredmg dujelling hou/es, outhoufes, tifc] And the 
 faid patty of the firft part, for himfelf, his heirj and 
 affigns, doth hereby covenant and agree, to and with 
 the faid party of the fecond part, his executors, adminif- 
 trators and afTigns, that they and each of them, paying 
 the rent aforefaid, and performing, fulfilling and keeping, 
 all and fingular the covenants, conditions and agreements 
 herein co.ntained, on his and their and each of tlicir parts, 
 to be performed, fulfilled and kept, fliall and may lawfully, 
 peaceably and quietly have, bold, poffcfs, occupy and enjoy 
 
 the 
 
Lsafes. 
 
 87 
 
 the piettiifes hereby conveyed, and every part thereof, with 
 the appu'.tenances unto the faid party of the fecond pait,hi3 
 executors, adminiftrators and afGgns, without any fuit, ttou- 
 ble, evi£\ion, hindrance, interruption or difturbance, of, by 
 or from the faid party of the firft part, or of, by or from 
 any perfon or perfons whomfocvcr, for and during the faid 
 term of ten years, fully to be complete and ended ; and that 
 he the faid party of the firft part, and his heirs, (liall and 
 will vi?avrant and defend the faid prtmifes to the faid party 
 of the fecond part, his executors, adminiftrators and afGgns, 
 againft every perfon or perfons lawfully claiming the fame. 
 \_ Here tnfert a claufc of re-erlry, if Juch jhali bt the agreement 
 af the far net. 2 In -witnefs, Is'c. 
 
 I 
 
 /i Lenfe for a Term of Tears. 
 
 HIS Indenture, made the day of in the 
 
 year of our Lord one thoufand eight hundred 
 
 hettveen /I. B. of, &e. of the firft part, and C. D. of, &c. 
 of the fecond part, luUneJfeth, That the faid party of the 
 firft part, for and in confideration of the yearly rent., 
 covenants and agreements, herein after mentioned and coo- 
 teined, on the part of the faid party of the fecond part, 
 his executors, adminiftrators and afligns, to be paid obferv. 
 td and performed, halb demifed, kafed and to firm lelten ; 
 «nd by thefe prefents, drjih demife, leafe and to farm let, 
 unto the faid paity of the fecond part, his executors, ad- 
 miniftrators and afigns, all that certain farm, piece or 
 parcel of land, fituate, lying and being &c. Together with all 
 and fingular the benetits, liberties and privilegts to the faid 
 premifes belonging: To have and to hold the faid demifed 
 premifes with the appurtenances, unto the faid party of 
 the fecond part, his executors, adminiftrators and afligns, 
 for and during and until the full end and term of twenty- 
 one years ntxt enfuing the day of the date of thefe prtfcnts, 
 fully to be complete and endtd : Tielding and faying there- 
 for, yearly and every year, during the continuance of this 
 leafe, unto the faid party of the firft part, his heirs or- 
 afligns, the yearly rent of on ihe day of ^ 
 
 in 
 
83 
 
 Leafes , 
 
 in each and every year, clear rent, over and above all taxes, 
 charges, antfTments, impnfitioiis and payments whatfoever, 
 which may hereafter be taxed, charged afTeffcd, or impofed 
 on the premifes accordifig to law ; and the faid party of the 
 the fecond part, for himfelf, his executors, adrr.iniftratord 
 and alligns, dotl) covenant well and truly to pay or caufe 
 to be paid unto the faid party of the firft part, his heirs 
 or afiijrns, at the days and times and place above mentioned, 
 yearly and every year, during the continuance of this leafe, 
 the rent above rfferved, and alfo to pay and difcharge all 
 taxes, charges, afleffnients and impofitions, levied or afltfled 
 on the premifes as aforefaid; and it is further covenanted and 
 agreed, that if it fliall at any time hap;ien, 'hat the rent 
 above referved, or any part ihereofj Oiail be beliind and un- 
 paid for the fpace of 30 days next after any of the days of 
 payment, that then and fo often as it fijall fo happen, it (hall 
 and may be lawful for the faid party of the firft part, his 
 heits or affigns, into the hereby demifed premifes, or any part 
 thereof, to enter and diftrain, and the diftrefs there found 
 to take and difpofe of according fo law, to fatisfy fuch rent 
 due and in anear ; and it is further covenanted and agreed 
 between the faid parties, that for want of fufficient didiefs 
 whereon to levy, or if any or either of the coven.ints afore- 
 faid on the part of the faid party of the fecond part, his 
 executors, adminiilrators or afligns, fhall not be kept, or 
 ftial! be broken, that then and in fuc'i cafe it fhall and may 
 be lawful for the faid party of the firft part, his heirs or 
 afligns, to re-enter the faid premifes, and the fame to have 
 asfain, repofTefs and enjoy, as his or their firft and former 
 eftate, fully, freely and abfolutely, without any impediment 
 moleftation or interruption whatfoever ; and it is further 
 covenanted, that the faid party of the fecond part, his ex- 
 ecutors, adminiftrators and afligns, paying the rent afore- 
 faid, and performing, keeping and obferving the covenants 
 and agreements herein before cwntained, fhall and may 
 quiety and peaceably have, hold, occupy and enjoy the 
 faid hereby demifed premifes during the faid term of 21 
 years, without any hindrance, diftnrbance or moleftation 
 whatfoever, of him the faid party of the fit It part, his heirs 
 or afligns, or of any other perfon or perfons, having or l»w- 
 ful claiming any rijjht In the premifes. //; 
 
Leafu. 
 
 89 
 
 In toitnffs wherof, the parties hereunto iiare interchange- 
 ably let their hands and feals, the day and year fivft above 
 written. 
 
 Sealed and di liver ed. 
 In lilt prejence of 
 
 A Leafe for Three Lives. 
 
 THIS Indenture resde the day of intheyearoC 
 our Lord one thoufand eight hundred, between A.B. 
 of the firlt part and C. X). of die fecond part cui/.-i^t'/A that 
 the faid party of the fini part for and in confideration of the 
 yesrly rents and covtnents herein after mentioned and con- 
 tained on the part and behtlf of the faid party of the fccond 
 part his executors adminiftrators and afligns to be paid kept 
 done and performed hath demifcd granted and to farm let and 
 by thefe prclcntsdoth demife grant and to farm^Iet unto the 
 faid party of the fecond part his executors adminiftrators and 
 afiigns all that certain lot of land fituate lying and being in 
 the county of ReniTclaer within the limits and bounds of a 
 certain traft of land &c. To have and to hold the faid piece 
 or parcel of land with the appurtenances excepting and re- 
 ferving out of the prernifcs hereby granted all dreams fit foe 
 mills and a fufficient quantity of land for building mills and 
 dams abating at the rate of one bufhcl of the faid rent for 
 every four acres ufed for either of the faid pui pofes unto the 
 faid party of the fecond part his executors adminiftrators 
 and sffigns from the day of the date hereof for and during- 
 the natural lives of the faid party of the fecond part and of 
 E. F. and G. H. of the town of Troy carpenters and for and 
 during the natural life of the longeft liver of them fo always 
 asthat the faid term fhall endure at the leaft thirty one years 
 Yielding and paying unto the faid pntty of the firft part his 
 heirs and afligns yearly and every year during the term afore- 
 faid at fuch place iatlie county of Renffelaer as the faid party 
 of the firft part his heirs or afligns ftiall for that purpofe fro.n 
 time to time appoint the rent of fixty bufhels of good mei"- 
 chantable winter wheat on the day cf in every year 
 The firft payment to be made on the day of in the 
 year of out Lord one thoufand eight hundred and four And 
 Ha the 
 
9© 
 
 Lenfes, 
 
 the faid paity of the fecond part for himfelf his executors 
 adminiftratois and adigns doth by thefe prefents covenant 
 grant and agree to and with the faid party of the firll part 
 his heirs and affigns in njanner following to wit that he the 
 faid pr,rty of the fecond part his txecutors adminiftrators or 
 afligBS fhall and will fettle on the premifes within one year 
 from the day of the date of thefe prefents and (hall and will 
 within the fpaee of four years to be computed from the d-ay 
 of the date of thefe prefents plant loo apple tr^es on the faid 
 premifes hereby defcribed on fome convenient part thereof 
 in ftraight lines eroding each other at right angles at th; 
 diiiancc of thirty feet from each other and as often as any 
 of the faid trees fhall die or dec^y or be deflroyed during 
 the term aforefaid fhall and will plant other trees in the place 
 or ftead of thefe which fliall die decay or be deftroyed and 
 the fame trees fliall maintain and keep in good and fufHcient 
 order, aiid that if default fhall at any time during the faid 
 term be made in planting the faid apple trees or any of them 
 or in replacing fuuh as fliall deciiy or be deftroyed in manner 
 and form herein before provided that then and in fuch cafe 
 the faid party of the fecond part his executors admiiiillrators 
 or aSigns fliall and will pay to the faid party of the lirft part 
 his he:rs or affigns within one year after fuchdefiult fhall be 
 made the fum of two dollars for every apple tree fo deficient 
 and alfo that the faid party of the f^rcond part his executors 
 admiiiiftrators and afligns fhall and will from time to time 
 during the term aforefaid retain keep and fet apart twenty 
 acres of the faid land for wood and fliall not or will not cut 
 or dcftroy or permit any perfon or perfons wiiatfocver to 
 cut or deflroy any part of the timber and wooi growing 
 thereon excepting only for making or repairing the build- 
 ings to be ercded on the faid piece or parcel of land and for 
 neceffavy fencing and fuel for a dwelling houfe on the fame 
 and that the faid party of the fecond part his executors ad- 
 miniltrators and affigns fhall and will pay all taxes ordinary 
 or extraordinary taxed affefled or impofed on the faid land 
 and fhali and will at the expiration of the faid term peace- 
 ably and quietly give and yield up the poffcffion of the faid 
 piece or parcel of land with the faid buildings and fences 
 Wrhich now are or hereafter may be eroded thereon in good 
 
 repair 
 
Leafes, 
 
 9» 
 
 repair to the faid party of ihe firft part or his heirs or affigns 
 Prov ded always and thefe pvefcnts are upon condition ner- 
 erthelcfs that if the faid yearly rent of fixty buihels of good 
 merchantable winter wheat or any part theiTot fhall be be- 
 hind and unpaid by the fpace of lix months after any of the 
 days hereby limited for payment thereof or if t'lt faid party 
 of the fecond part his executors adminlilrators or afQgns (hall 
 negleft or refufe to perform any of the covenants contained 
 in thefe prefents that tlien and from thenceforth it fnall and 
 may be lawful to and for the faid parties of the Sril part 
 their heirs or alligns into the faid piece or parcel of land 
 hrreby demifed to re-euter and the fame and every part 
 thereof to have again re-poffcfs and enjoy as in their firft and 
 former eftate any thing herein contained to the contrary 
 thereof notwithftanding And provided further that if the 
 faid party of the fecond pait and E. F. and G. H. or any of 
 them (hail not relide on the lands hereby demifed and none 
 of them can at the expiration of the faid thirty one years 
 ifter reafonable ftarch and enquiry be found that then and 
 in every fuch cafe and after the expiration of one year from 
 the date of a notice to be given in writing by the faid party 
 of the firtl part his heirs or a(ngns to the tenant of the (aid 
 lands hereby demifed that fujh fcarch and enquiry has been 
 made without effefl it Hiall and may be lawful to and for 
 the faid party of the firft part his heirs or afiigns into 
 the faid piece or parcel of land or into pait thereof in the 
 name of the whole to re-enter and the fame to have again as 
 his firft and fortner eftate unlefs one of the faid peifons 
 (hall be produced before one of the judges of the court of 
 common pleas of any county in the ttate of Nesv-York or 
 proof made by the affidavit of two or more credible witnefles 
 before any one of the faid judges that one of the faid per- 
 fons is in full life and unlefs tf»: faid party of the firft part 
 his heiisor afiigns (hall receive a certificate of fuch produc- 
 tion or proof and a note of the place of refidence of fuch per- 
 fon before the expiration of the faid year figned by the faid 
 judge And the faid party of the fir(l part for himfeif his 
 heirs and aftlgns doth hereby covenant promife and agree 
 to and with the faid patty of the fecond part hii executors 
 sdmiuiHiators and aillgns that he the faid party of the fe< 
 
 CO ad 
 
92 
 
 Lcafes, 
 
 cond part, his executors adminiftrators and afligns pay- 
 ing the rents and performing the covenants herein before 
 mentioned he and they (hall and may peaceably have hold 
 and enjoy the faid preniifes for and during ihc term aforefaid 
 ■without any interruption or moWftalion of the faid party of 
 the firfl p rt his heirs or any other perfon or perfons whom- 
 foever claiming or to claim by from or under them or any of 
 them ~ In luUnefs whereof the parties to thefe prefints have 
 hereunto interchangeably fet their hands and feaU, tUc day 
 and year firft above wrritten Sealed l^c. 
 
 A Leafe in Perpetuity. 
 
 THIS Indenture, made the day of in the year 
 of our Lord one thoufand eight hundred, between 
 ^. B. of the firft part, and C. D. of the fecond part, 
 witncfleth, That the faid party of tlie firll part, for and in 
 Confidtration of the yearly rents, covenants and conditions 
 herein after contained, on the part of the faid party of the 
 fecond part, his heirs, executors, adminillrators and alfigns, 
 to be paid, kept and performed, hath demifed, leafed and 
 to farm let, and by thefe prefetits, doth demife, leafe and to 
 farm let, unto the faid party of tlie fecond part, and to his 
 heirs, executors, adminillrators and affigns, all that certain 
 farm, piece or parcel of land, fituatt, lying and being in the 
 town of Burn, in the faid county of Albany, on the weft fide 
 of the l iver Hudfon ; whicli faid premifes hereby granted, 
 contain, &c. be the fame more or lefs, butted and bounded 
 as toliow, &c. To have anil to held the faid farm, piece or par- 
 cel of land, with the appurtenances, unto the faid patty of 
 the fecond part, his heirs, executors, adrainillratois and 
 afligns, forever ; Tieldin^ and paying therefor unto the faid 
 parly of the firft part, his heirs or afligns, for and during 
 the term of fcven years, to be computed from the date of 
 thefe prefents, the annual rent of one pejiper corn ; and yearly 
 and every year tht reafter forever, unto the faid party of the 
 firft part, hio heirs or afligns, the yearly rent of fifty bufh- 
 els of good and merchantable winter wheat, at the maniion 
 houfe of the faid party of the firft 'part, fituate in the city 
 of Albany, in and upon the day of in each year : 
 
 And 
 
Leafet. 
 
 9S 
 
 And the Paid party of the fecond part, for himfelf, his heirs, 
 executors, adminiUrator3 and afiigns, doth covenant, grant 
 and agree to and with the laid party of the firil part, hit 
 heirs and afligns, that he the faid party of the iecond part, 
 his heirs, executors, admiiiiftrators and afiigns, will from 
 time to time, well and truly pay or caufe to be paid unto 
 the faid party of the firft part, his heirs >7r afiigns the year- 
 ly rents above referved, at the days aiid timts and in manner 
 aforefaid : And will alfo, well ana truly difcharge and pay 
 all taxes, charges and afleffments, or(:int:ry and extraordina- 
 ry, taxed, charged or afleficd, and which may be hereafter, 
 at any time taxed, charged or afitffcd, to or upon the faid 
 hereby granted premifes, or upon any part or parcel thereof, 
 or upon the faid party of the firft part, bis heits, executors, 
 adfflinillrators or afiigns, for or in refpect of the faid prem- 
 ifes, or any part thereof, by any adl of the congrefs r,f the 
 United States or of the legiflature of this ftate, or by coun- 
 ty rates, or otherwife howfoever, and indemnify the faid 
 party of the firft part, his heirs, executors, aJminiftratora 
 and afOgns, of, from and againfk any damages, cofts and 
 charges which he or they or any of them may fnftain or be 
 put to, by reafon of any neglt<ft in the due and pan£tual 
 difcharge and payment of the faid taxes, charges and afleff- 
 ments, or any part of them : [If there he any refervat'wnt 
 of Jl earns of ivaler, mines or minerals and lands for the ufe 
 thereof, here infert fuch claufe, and that hvjhe'.s of the faid 
 rent is to be abated f.r every acre of land to taken, i^c.~\ 
 And the faid party of the firft part, for himfelf, his heirs 
 and afligns, doih liereby covenant and agree, to and with 
 the faid partv of the fecond part, his heirs, executors, ad- 
 miniftrators and afiigns, that he and they and each of them, 
 paying the rent aforef3id, and performing, fulfilling and 
 keeping all and fingular the covenants, conditions and 
 agreements herein contained, on his and their and each of 
 their parts, to be performed, fulfilled and kept, (hall and 
 may lawfully, peaceably and quietly have, hold, pofilrfs, 
 occupy and enjoy the premifes hereby conveyed, and every 
 part thereof, with the appuitenanccs, unto the faid party 
 of the fecond part, his heirs, executors, adminiftrators and 
 afiigns, without any fuit, trouble, evidion, hindrance, in- 
 terruption 
 
94 
 
 Leafet. 
 
 terruptlon or difturbancr, of, by or from the fald party of 
 the firft part, or of, by oi from any perfon or perfons 
 whomfoevcr, lawfully claiming or to claim by, from or 
 under him the faid party of the firft part ; and that he the 
 feid party of the firft part, and his heirs fliall and will here- 
 by nvarrant and for ever dtfend the faid prtmifes to the 
 faid party of the fccoi d part, his heirs, executors, admin- 
 iftrators and afligns, againft any perfon or perfons lawfully 
 claiming the fame. PrfvideJ altuays, ne vcrthelcfs, That if 
 it (hall fo happen that the rent above referred or any part 
 thereof (hall be bthind and unpaid, by and for the fpace of 
 thirty days next after any of the days of payment, that 
 then and in every fuch cafe, it (liall and may be lawful to 
 and for the faid parly of ;he (lift part, his heirs and alTigns, 
 or any of them, at the option of the faid p,:rty of (he firft 
 part, his heirs and affigns, either to proftcute for the re- 
 covery of the fame in fome court of 'record ; or in perfon, 
 or by his or their fervant or fervants, bailiff or bailiffs, into 
 the whoJe, or any pait of the premifes to enter, and there 
 to diftrain, and the dillrefs fo taken, to lead, drive and car. 
 ry av7ay, and the fame to expofe to fale at public vendue ; 
 and out of the monies therefrom arifing to dcduft the rent 
 then due and in arrear, together with the cofts of diftrefs 
 and fale — and to return the overplus (if any there be) un- 
 to the faid party of the fccond part, his heirs, execuiorSt 
 adminiftrators or affigns ; And provided further, and thefe 
 prefents, and evety thing herein contained, are upon this 
 cxprefs condition, That if it (hall at any time happen that 
 no fufficitnt diftrefs can be found upon the premifes, to 
 fatisfy fuch rent due and in arrear as aforefaid, or if any 
 or either of the covenants or conditions herein before con- 
 tained on the part of the faid party of the fecond part, 
 his heirs, executors, adtniniftrators and ailigns, to be per- 
 formed, fulfilled and kept, (hall not be performed fulfilled 
 and kept, or (hall be broken — then, and in each and every 
 fuch cafe, and from thenceforth and at all times thereafter, 
 it (liall be lawful to and for the faid party of the firll part, 
 his heirs and affigns, or any of them, into the whole of the 
 hereby demiftd premifes, and into every or any part there- 
 of, in the name of the whole to rc-eucer, and the fame as 
 
 hii 
 
Leafe), 
 
 95 
 
 hU and their former eftate to have again, re-poflefs and en- 
 joy ; and the faid party of the fecond part, his htirs, exec- 
 utors, adminiftrators and sfiigns, and all others, thereout, 
 and from thence utterly to expel, put out and amove ; this 
 indenture, or any thing herein contained, to the coHtrary 
 thereof in any wife notwithftanding. In witnefs whereof, 
 the parties hereunto their hand<; and feals have interchanj^e- 
 ably fubfcrjbtd and fet, the day and yaar firft above written. 
 Sealed, &c. 
 
 \Tbi$ leaje tvill an/njerfar a term of yean by omitting the 
 nucrd heirs after the party of the fecond part, and by fubjlilut- 
 irtg the number of years the leafe is to evdure for the 'words f'ot 
 ever. — As lenffs given for netu lands often contain a claitfe 
 alloiuing the liffie from three to feven years lent free, that 
 tlaufe IS here inferttd. — The form of the tivo preceding leaftf 
 are much appro'ved of and in general ufe in this fale.^ 
 
 The Form of a Leafe from a Perfon authorifed 
 by Letter of Attorney. 
 
 THIS Indenture, made between y*. B. of 
 
 and C. D. of of the one part ( 'i. B. is the 
 
 proprietor of the land, and C. D. is the attorney appointed') 
 and E. F. of the otlierpart. Whereas the faid . B by 
 a certain writing or letter of attorney under his hand and 
 feal duly executed, dated the day of amongft 
 
 other things therein contained, did autliorife the faid C. D. 
 in the name of him the faid B. and on his behalf, to 
 execute leafes of fuch part of his lands, tenements and here- 
 ditaments in as by the faid C. D. (liali be thought 
 fit to be leafed * Now thi? indenture wiineffeth, I'hat for 
 and in confideration of the rent, covenants and agreements 
 hereinafter mentioned, referved and contained, on the part^ 
 and behalf of the faid E. F. to be paid, done and perform- 
 ed, he the faid j4. B. by his faid attorney C. D. hath grant- 
 ed, dcmifed, &c. ( Here go on as in the precedents before laid 
 doivn for ether leafes, until the l.-Jor om^s to coven jnt, and 
 then begin thus.) And the faid A. B. by his faid attorney, 
 for himfelf, &c. ( Here inferta covenant for quiet enjoyment.) 
 In luitnefs, ^c. Of 
 
96 
 
 Diftttfs. 
 
 Of DISTRESS for RENT. 
 
 WHERE rent Is behind and in arrear, the tenant's 
 goods or cliattels may be diftrained ; and if he 
 does not within five days next after the dillrefs takrn, and 
 notice thereof, with the canfe of fuch takinys, left ; t ihc 
 mod notorious place upon the premifts, charged with the 
 rent, replevy the fame with fufflcient lecuriiy to be givco 
 to the fhcrlff, then after the expiiatioti of the faid f^ve days, 
 the party diftraining may, with the fherifF, under- Hicriff, or 
 conftable, &c. caufe the froods and cha'.tels diftrained, 
 to be appraifcd by two fvvorn appraifera, whom fuch fherifF, 
 &c. is empowered to fwear, and after appraifement fo made, 
 may, after giving three days public notice, fell the things 
 diftrained for the btft price ihey can get, leaving the over- 
 phis, if any, after dedufting for the rent due, together 
 with the charges of the diilrefs, appraifement and fale, ia 
 the hands of the fhevifl, &c. for the owner's ufe. 
 
 \Thi form of a Letter of Allorney for maling a Di/lrefSt 
 fee under the title Letters of Attorney.] 
 
 The Form of the Apprnifers' Oath. 
 
 YOUy^. 5.and C. D. fwear that you will faithfully ap. 
 pvaife and value thi goods now taken Tn diltrefs, and 
 mentioned in the inventory to you fhcwn as between buyer 
 a-nd feller, accortling to the belt of your fkill and underftand- 
 ing : You fhall nov through partiality, intcreft or other 
 wife, over or undtr eflimate ilit faid goods, but iniuartially 
 do your duties herein. So help you God, 
 
 The Form of the Invent ^ry to he taken on making 
 a Difltefu 
 
 AN inventory of the fevcra! goods, houfehold-flii'Fand 
 furniture, that were ftiz>d and diflraincd by C. D. 
 in the houle ef J. B. in by an authority of E. F. 
 
 to him far that jpurpofe given ( If the d'tflrefs he made by the 
 
 landlord 
 
Dijlrefi. 
 
 97 
 
 landlord himftlf, then leave out by an authority, &c.) for 
 dollars, for one quarter's rent due on the day 
 of laft, to him the faid E. F. which goods were feized 
 and diArained the day of inftant, for the ufe 
 
 of the faid E, F. for the rent fo due to him as aforefaid. 
 
 Jn the Brewhoufe, Dolls. Cls, 
 
 One copper - - • 14 
 
 In the room forward, 
 
 A pair of iron grates and crane, - 019 
 
 A large oval table and fix leather chairs . i 7 
 
 D. 18 40 
 
 IVilnefs our hands, this day of lo the year of our 
 X<ord one thoufand eight hundred. 
 
 Valued in all at eighteen dollars forty cents* 
 
 E ?)\| Appraiferj. 
 D. A. Conftable. 
 
 ^ Notice to the Tenant of a Dijlrefs made. 
 Mr. A. B. 
 
 THIS is to inform you, that by the authority of your 
 landlord, E. F. I have this day of in the 
 year of our Lord one thoufand eight hundred, diftrained 
 (If the landlord feixed, then fay, that I this day, &c. 
 upon part of your goods in your houfe in Market-ftrtet, 
 Albany, for dollars for a quarter's rent due on 
 
 laft) and have taken an inventory thereof, and locked the 
 fame in (here mention the particular pLice they are fecured in) 
 and if you do not pay the rent due, or replevy the goods 
 mentioned in the inventory, I fhall, in five days time, ac- 
 cording to the direftions of the adl in that cafe made and 
 provided, make fale thereof, of which take notice from 
 
 Your friend, 
 
 To Mr. A. B. 
 
 Witnefs. that a copy hereof was this day delivered to 
 Mrs. C. B. wife of the above named A. B. by E. D. 
 
 I JVo/e. 
 
$8 
 
 Dijlrefs and SaU. 
 
 Note. It is proper for the landlord to keep one cepy of 
 tlie above notice, fubfcribed as above by the perfon that 
 ferved it. 
 
 If a diftrcfs and fale be made where no rent is due the 
 owner of the goods may recover double the value of the 
 goods diftiained, &c. with colls pf fuit Sep Laws of New 
 rsri, i\M.d'.s6 § (J. 
 
 So by the fame law, goods taken in execution are not to 
 be earned oft the premifes, unkfs the landlord's icnt, not 
 exceeding a year, bt firit paid. 
 
 And by feet, i 3, landlords may diftrain goods fraudulently 
 carried off the premifes, within thirty days after removal, 
 and fell them in the fame manner as if found thereon, pro- 
 vided they be not before atlualiy fold for a valuable confid- 
 eration to a perfon not privy to the fraud. 
 
 Tenants, or others for them, carrying off or concealing 
 gpods to the prejudice of he landlord, forfeit to him dou- 
 ble the value of the rent due, to be recovered by a(flion of 
 debt in any court of record. 
 
 A landlord, with the afliflance of a conftable, or other 
 peace ofEcer, having firft made oath before a juftice, as tq 
 the houfe &c. where he fulpedls goods carried off are con- 
 cealed, may break open fach houfc. Sec. in the dny time, 
 and there feize. They may likewife diftrain any cattle oc 
 ftock of the tenant's, that fliall be depalluring upon any 
 place near the premifcs, (excepting however hearts of the 
 plough, fheep.and implements of tenant's trade, which may 
 not be diftrained until other fufScient ditlrefs cannot be 
 found) as aifo feize all forts of corn, grafa, roots or other 
 predii£l whatfoever growing on any part of the premifes, let 
 and difpofc of the fame. 
 
 Notice of the diftrefs made muft be given to the tenantf 
 or left at the laft place of his abode, within one week after 
 the fame is made, 
 
 DiftrcfTes made on the premifes may be fccured in the raofl 
 convenient part thereof ; and if any pound-breach or refcous 
 be made of any thing diftrained for rent, and impourded, 
 the officers or owners of the goods felzcd^ fhall be liable to 
 treble damages, with cofts. 
 
 Wc 
 
Landlord and Tenant. 
 
 99 
 
 \Ve come now to fpeak forrething in relation to tenants 
 holding over lands, 3tc. after their terms therein are ex- 
 pired, &c. 
 
 Tenants for life or years, or fub-tenants holding over the 
 premifes, letting them after the determination of their 
 terms, and notice given to deliver up poffcflion, are to pay 
 the landlord, or the perfon entitled in reverfion, double the 
 yearly value. Upon one half year's rent in arrear, the land- 
 lord is entitled to a re entry, may ferve a declaration in 
 tjeflrnent, and recover judgment. 
 
 Attornments of tenants to itrangers, except made in purfu- 
 ance of fome judgment or decree in law or equity, or by con- 
 fent cf the landlord, or to any mortgagee, after the mort- 
 gage is become forfeited, are void. 
 
 Ttrants fecreting declarations in ejcftments delivered, . for- 
 feit the value of three years improved or rackrent, to be re- 
 covered by aftion of debt in any court of record within this 
 ftate. 
 
 A landlord may make himfelf defendant to a declaration 
 ID ejefimtnt, by joining with his tenant ; and may likewife, 
 where the agreement is not by deed, recover reafonable fatis- 
 fa^ion for the premifes held by the tenant, in an action on 
 the cafe. In like manner, rent may be recovered from un- 
 der tenants by executors, &c. cf deceafcd tenants for life, 
 fe'hether they (!ie oh the day, when the whole becomes due, 
 or not ; asd if not a proportionable part of the rent grow- 
 ing due at the time of his deceafc is to be recovered. 
 
 Tenants holding premifes after the time they are notified 
 to quit them, are to pay double rent for that time. Diiireffes 
 for rent due are not to be deemed unlawful, on account of 
 sny irregular ftep taken in making thtm ; and tenants are 
 not to recover for any irregularity done, if tender of amends 
 be made before aftion brought. 
 
 Defendants in rcpltvin need only avow that the tenant 
 held the premifes at a certain rent, &c. without further 
 fetting forth the landlord's title. 
 
 OfBcers granting replevins are to take from the plaintiff 
 and two fureties, a bond in double the value of the goods 
 feized, to be afiertained by the oath of fome difiuterelled 
 perfon, and conditioned forproftcuting the fuit with effcdt. 
 
100 
 
 Mortgagts. 
 
 Sic. the faid bond to be afligned over to tbe defendant, &c. 
 
 Before we quit the head Leafes, it will be proper to ob- 
 ferve, that an attorney appointed to make leafes, muft not 
 do the.Ti in his own name, but in the name of the perfon 
 that authorifed him, 2 Lord K<t)rn. 141 8. S/ra. 705. 
 
 Of MORTGAGES of ESTATES. 
 
 A MORTGAGE is a pledge or pawn of landj, ftc. 
 on account of money botrowed, or for fome debt 
 otherwife contraficd, afld is moft ufually made by way of 
 leafe for a long term of years, by affignraent of fome tem- 
 porary iniereft, or by leafe and releafe in fee, that is to 
 fay, made as an cftare of inheritance to the perfon it is 
 pledged to, who is called the mortgagee, whilft on the oth- 
 er hand the pledger is termed the mortgagor. It is an in- 
 Itrumeni or deed made on condition, that until failure ia 
 payn-ieni of principal and inteiell due, the mortgagor is to 
 poiTtfs and enjoy the lands, &c. mortgaged ; and though 
 failure be made, he and his reprtfentatives have a right to 
 redeem the mortgage, which in law is termed the equity 
 of redemption. Lit 332. 
 
 Where thrre are mortgages for a term of years of cftates 
 jntentlcd to be fold, affignments cf thofe terms are to be 
 made in trufl; for the purchaftr, by indenture of three pait», 
 commonly called tripartie, wherein the mortgagee is to be 
 of the firft part, the mortgagor and his heir (if any he have 
 cf tge) of tlie fecond part, and the purchaferand his truf- 
 tces of the third pait, reciting the mortgages and afligiiing 
 them in trufl to attend the freehold. 
 
 Mote — In the (late of New- York it is required, in order 
 that mortgages be good and fnfficient agaiuft fubfequent 
 bona fide purchafes, that they be regiftertd or recorded 
 in the office of the clerk of the county in which the landa 
 or tenements are fituated : And after a legal fale, there re- 
 mains no longer sny equ-ity of redemption. 
 
 j4 Mort' 
 
Mortgages. 10 1 
 
 A Mortgage of Houfes and Lands. 
 [An approved form in the ftate of New-York.] 
 
 THIS Indenture, made the day of in the year 
 of our Lord one thoufand between A. B. of &c. 
 of the firft part, and C. D. of &c. of the fecond part, nvil- 
 tiepih, that the faid party of the firft part, for and in con- 
 fideration of the f .m of two hundred do lars, lawful money 
 of the ftate of New- York, to him in hand paid, the receipt 
 whereof is hereby acknowledged, hath granted, bargained, 
 fold,releafed, enfeoffed and confirmed ; and by thefe prefents, 
 doth grant, bargain, fell, releafe, enfeoff and confirm, unto 
 the faid paity of the fecond part, in his aftual pofRfTion now 
 being, and to his heirs and aiTigns forever, all tliat certain 
 farm, &c. fituate, lying and being, &c. butted and bounded 
 as follows, &c. containing two hundred acres of land, be the 
 fame more or hk : To have and to hold, the above bargained 
 p'-emifes, to the faid party of the fecond part. Ills heirs and 
 afligns, to the fole and only proper ufe, benefit and behoof 
 of the faid p.-.rty of the fecond part, his heirs and afligna 
 for ever Piovided always, and thefe prefents are upon this 
 exprefs condition, that if the faid party of the firft part, pay- 
 to the faid party of the fecond pait, the juft and full fum of 
 two hundred dollars in gold and filver, on or before the firft 
 flay of ' uly, which ivill be in the year of our Lord one thou- 
 fand eight hundred and ten, with lawful intereft annually un- 
 til paid accord i ng to the condition of a certain bond or writing 
 obligatory, bearing even date herewith, executed by the faid 
 party of the firft pait, to the faid party of the fecond 
 part, as a collateral ftcurity, then thcfc prefents, and the 
 faid bond or writing obligatory, fhall ceafe and be null and 
 void ; but, in cafe of the non-payment of the faid fum of 
 two hundred dollars, v.'ith the intereft annually, or any part 
 thereof, or any part of the Intereft fo to become due, at 
 the time or times above limited for the payment thereof, 
 then and in fuch cafe, it fliall and may be lawful for the faid 
 party of the fecond part, his heirs, executors, admlniftra- 
 tors or afligns, and the faid party of the firft part, doth 
 hereby empower and authorife the faid party of the fecond 
 part, his heirs, executors, adminiftrators and afligns, to 
 I 2 grant 
 
Mortgaget. 
 
 grant, bargain, fell, relcafe and convey the fald pretnires, 
 
 with the appurtenances, at public auftion or vendue — and 
 on fuch fale to make and execute to the piirchafer or pur- 
 chafers, his, her or their heirs and afligns for ever, good, 
 ample and fufficient deeds of conveyance in the law, pur- 
 fuant to the ttatute in fuch cafe made and provided — ren- 
 dering the overplus monies (if any there be) to the faid 
 party of the firft part, bisrheirj, executors or adminiftrators, 
 after deducing the colls and charges of fuch vendue and 
 fale as aforefaid. In witnefs whereof, the parties to ihefe 
 prefcnls have hereunto interchangeably fet their hands and 
 fcals, the day and year firft above written. 
 Sealed, ^Sfc. 
 
 ^ Mortgage of a Mejfuage^ (^c. for a Term 
 of Tears. 
 
 THIS Indenture, made the day of in 
 
 the year of our Lord between A. B. of 
 of the one part, and C. D. of of the other part, 
 
 tuitnejfelh, that the faid /I, £■ for and in confideration of 
 the fun:) of of lawful money of to him in hand 
 
 paid by the faid C. D. at or before the fealing and delivery 
 of thefc prefenis, the receipt whereof he the faid j4. B. 
 doth hereby acknowledge, hath granted, bargained and fold, 
 and by thefe prefents doih gxznx, bargain and fell unto the 
 faid C. D. his executors, adminiftrators and afligns, d//that 
 certain meffuage, &c. (Here ilefcr'ibe the premifes after 
 the manner le/ore dejcr'iled.) And alfo the reverfion and re- 
 veifions, remainder and remainders, rents, ilTues and profits 
 of all and fingular the faid premifes, and of every part and 
 parcel thereof, with their appurtenances : To have and to 
 hofdthe faid meffuage, &c. and premifes above mentioned, 
 and every part and parcel thereof, with the appurtenances, 
 unto the faid C. D. his executors, adminiftrators and af- 
 figns, from the day before the day of the date of thefe pre- 
 fents, for and during, and unto the full end and term of five 
 hundred years from thence next enfuing and fully to be 
 complete and cudedj yielding and paying therefor yearly 
 
 during 
 
Mortgages. 
 
 during the faid term, at or upon the day of 
 
 one pepper corn, if demanded : Provided, and thefe pre- 
 fents are upon thia condition, and it is the true intern and 
 meaning hereof, and of the faid parties hereunto, that if the 
 faid A. B. his heirs or afligns, do and (hall well and truly 
 ■pay, orcaufe to be paid,\into the faid C. D. his executors, 
 adminiftrators or afligns, the full fum of of lawful 
 
 money of wiih legal interefl for the fame, on or be- 
 
 fore the day of next enfuing the day of the 
 
 date hereof without any dedudion, defalcation or abatement 
 whalfoever, for or by reafon of any taxes or alTelTments what- 
 foever, either ordinary or extraordinary, already impofed 
 or hereafter to be irapofcd on the faid prennifes, or any part 
 thereof, that then and from thenceforth thefe prcfents, and 
 every matter and thing herein contained, fhall ceafe« 
 determine, and be utterly null and void to all intents and 
 purpofes ; any thing herein contained to the contrary 
 thereof in any wife notwithftaoding. And the faid A. B. 
 for himfelf, his heirs, executors and anminiftrators, doth 
 covenant, promife, grant and agree to and with the faid C.i>. 
 his executors, adminiftrators and afTigne, that he the faid A. 
 B. hi» heirs, executors or adrainidrators, (hall and will 
 well and truly pay, or caufe to be paid unto the faid C. Dt 
 bis executors, adminiftrators or afligns, the faid fum of 
 with legal intereft for the fame, on or before the faid 
 day of next, without any deduftion as aforefaid, accord- 
 ing to the true intent and meanisg of thefe prcfents : And 
 alfo, that hkthe faid C. D. his executors, adminiftrators 
 and afligns, (hall and may at all times, after default (hall 
 be made in payment of the faid fum of and intereft, or 
 any part thereof, at the time herein before limited for pay- 
 ment thereof, peaceably and quietly have, hold, occupy, 
 poflefs and enjoy all and fingular the faid mefluagc, 3tc. 
 and other the premifes above granted, bargained and fold, 
 or mentioned or intended fo to he, with the appurtenances 
 as aforefaid, for and during all the reft, refiJue and remain- 
 der of the faid term of five hundred years, which fhall be 
 then to come and unexpired, without the let, fuit, hindrance, 
 moleftation, interruption or eviftion of him the faid A. B. 
 bis heirs and aiBgnii, or of any other perfoa orpcrfons whom- 
 
 foevcr 
 
Mortgages. 
 
 foever, lawfully claiming or to claim by, from or under him, 
 them, or any of them : And further, that he the falJ A. B. 
 and his heirs, and all and every other pcrfon and perfons 
 having or lawfully claiming any right, title or inttrefb, in or 
 to the faid preniifes, or any p;irt or parcel thereof, by, from 
 or under him or them, (hall and will, after default (hall be 
 made in payment of the faid fum of and it.Ucreft, oi any 
 part thereof, as aforefaid, make, do and execute, or caufe or 
 procure to be made, done and executed all and every fuch 
 further and other lawful and reafonable zdt and a6\s, thing 
 and things, affurance and afTurances, device and devices ia 
 the law whatfoever, for the further, better and more pcrfedt 
 granting and alfuring of all and lingular the faid premifes, 
 with the appurtenances above bargained and fold, or men- 
 tioned, or intended fo to be, unto the faid C. D. his execu- 
 tors, adminiftrators and afiigns, for and during all the reft, 
 refidue and remainder of the faid term of five hundred years 
 above granted, as by the fa d C. D. his executors, adminif- 
 trators or afiigns, oi his or their counfel learned in the law, 
 fnall be reafonable devifed, adviffd or required, j^nri lajlly, 
 it is covenanted, granted, concluded and agreed upon, by 
 rnd between the laid patties to thcfe prefents, and the true 
 intent and meaning hereof is, and it is hereby declared fo to 
 be, that until default fiiall be made in payment of the faid 
 fum of and intereft, or any part thereof as aforefaid, it 
 ftiall and may be lawful to and for the faid A- B. his heirs 
 and affigns, to have, hold and enjoy all and fingular the faid 
 premifes, with the apjuirtenanres, above barga^d and fold, 
 in manner aforefaid, and to receive and take the rents ilfues 
 and profits thereof, tohis and thcirown preper ufe and bene, 
 fit ; any thing herein contained to the contiary thereof in 
 any wife notwithrtanding. In witnifs, fee. 
 
 Note. It is proper to indorfe on the back of the aboTC 
 deed a receipt for the money lent. 
 
 Mortgage of Goods. 
 
 THIS Indenture, made between yJ. B. of of 
 the one part, and C. D. of of the other part, 
 
 •wUneffetb, 
 
Mortgagts. 
 
 105 
 
 wUnrfeth, that tlie faid party of the firft part, for and in 
 confideration of the fum of to him in hand well and tru- 
 ly paid by the faid party of the fecond pait at or before the 
 ftaling and delivery of thcfe pr^efents, the ret:eipt whereof i« 
 hereby acknowledged, ^a/A granted, bargained and fold, and 
 by ihefc prefents, iJoth grant, bargain and fell unto the faid 
 party of th<r fecond part, his executors adininiilrators and 
 alGgns, All and Angular the goods, furniture and hoiifehold- 
 ftuff herein after particularly mentioned and exprcHed tkat 
 IS to fa)' : — \ Here inferl fully an accouit of all the goods mort- 
 gaged.'] To have and to hold all and fingolar the faid 
 goods, &c. herein before granted, bargained and fold, or 
 mentioned or intended fo 10 be, unto the faid party of the 
 liecond part, his executors, adminiftrators and .■.fligns, to 
 theonly proper ufe and behoof of the faid party ot the fe- 
 cond part, his exccutois, adminiftrators and affigns for ever ; 
 Provided always, and thefe prcftiits art upon this condition, 
 that if the faid party of the fir it psrt.his executors or admin- 
 iRrators, (hall and do well and truly pay or caufe to be paid 
 unto the faid pat ty of ihefecood part, his executors, admin» 
 iftrators or afli ^ns, the full fum of of lawful money of 
 
 with legal intereft for the lame, on or before the 
 day of then tiiefe prefents. and every matter and thing 
 herein contained rtiall ccafe, determine, and be utterly void, 
 to all intents and purpofes ; any thing herein contained to 
 the contrary thereof in any nifenotivithftanding. Andthehid 
 party of th^rft part, for himfclf, his executors and admin- 
 iftrators, all and fingular the faid goods, &c. by thefe pref- 
 ents unto the faid party of the fecond part, his executors, 
 adminiftrators and affigns, againft him the faid party of the 
 ■firlt part, his executors and adrDiniftrators, and againft all 
 and every other perfon and ptrfons whomfoever, (h ill and will 
 ■A-airant, and forever defend by thefe prefents. Andlhe faid 
 party of the fecond part, for himfclf his executors and ad- 
 miniftrators, doth covenant, promife, grant and agree, to 
 and with the faid party of the firft pair, his executors and 
 adminiftrators, that he and they fhall and will immediately, 
 upon the receipt of tbs faid fum of and intereft as aforefaid, 
 at the day andtimeabove limitedfor payment thereof, deliver 
 mr caufe to be dtlivered, unto the faid party of the fecond 
 
 part 
 
io6 
 
 jHfignmenit. 
 
 part, his executors, adminiftratorsot afTigns, all and fingnlaf 
 
 the goods, &c. above ^^ranied, which are now, and at the time 
 of the extcuting of ihtfe prefenis, were received by the faid 
 party of the fccond part of and from the faid party of the 
 firft pait, in as good cafe, plight and condition as the fame 
 and every of them now are at this preftnl time. 
 In uuitncfs, &C4 
 
 Of ASSIGNMENTS. 
 
 ASSIGNMENT is the transferring the intertft one 
 hath in lands, goods or any other thing, to another'. 
 The perfon afligning is called the Aflignor, and he to whonft 
 the aflignment is made, the f\f[ignee. 
 
 If a perfon hath a terJn for jeart, he cannot aflign it, un- 
 Itfs he be aflually in poflelTion; and if he be not, the af- 
 lignment mufl bt executed upon the premifcs intended to 
 beafiigned. Co Lit. 46, 47. 
 
 By the flatute of frauds and perjuries, 29 Car. 2 t. 3* 
 the aflignment muft be by deed. 
 
 Upon an aflignnient of a leafe for years, the leflbr may, 
 at his eleftion, charge either the leffce or aflignee with the 
 lent; but if he accept rent from the aflignee, knowing of 
 the aflignment, he hath determined his elcftion, and cannot 
 afterwards charge the leflce for rent growing d^^. 3 Rep. 23. 
 
 Jin AJJigTiment of a Bond. 
 
 WHEREAS A B. of inandby one bond or obli- 
 gation, bearing date became bound \.oC.D.oi 
 in the penal fiim of 500 dollars, conditioned for the pay- 
 ment of 250 dols.and inicreft at a day rincepaft,as by the faid 
 bond andcondition thereof may appear And wlicrcas there 
 row remains due to the faid C. D. for principal and inttrcll 
 on the faid bond the fum of 27 5 dollars ot, &c. Now know 
 all men by thefe prefents, that the faid C, D. for and in con- 
 fidetation of the faid fum of to him in hand paid by 
 
 £. F. of the receipt whereof the faid C, D doih 
 
 hereby 
 
Jiffignmtnlt, 
 
 hereby acknowledge ; he the faid C. D. hath affigned and 
 fet over, and by :btfc prefents doth affign and f?t over unto 
 the faid E, F. the faid recited bond or obh'gation, and the 
 monies thereupon due and owin^: And all his right and 
 jntcrcft of, in and to the f ime. And the faid C. D. for 
 the confidtrations aforefaid. hath made, ordained, con- 
 Aituted and appointed, and by thcfe prefents doth make, 
 tec. the faid b.. F. his executors and adoiiniftrators, his true 
 and lawful attorney and attornies irrevocable, for him and 
 in his name, and in the nanie and names of his executors 
 and adminiltrators, but f r the fole and proper ufe and 
 benefit of the falci E F his exei utors, adminiftrators and 
 affigns, to afl< require, demand and receive of the fdid A. B. 
 his heiis, txccutuis and adrniniftrators, the mv)ney due oq 
 the fa'd bond ; and on nori payment thereof, to fue for,' re- 
 cover and receive the fame. And on payment thereof, to 
 deliver up and cancel the faid bond, and give fuffieient re- 
 leafcs and difcharges thereof. And one or more attorney 
 or attornies under him to cpnftitjte ; and whatfoever the faid 
 E. F. or his attorney or attornies (hall lawfijlly do in the 
 premifes, the faid C- D. doth hereby allow and confirm. 
 And the faid C. D- doth covenant with the faid E. F. that 
 ]^e the faid C. D. hath not received, nor will receive the faid 
 monies due on the faid bond, nor aoy part thereof, neither 
 (hall or will rcleafe or difci!arge the fam;, or any part 
 thereof, Gut will own and allow of all lawful proceedings 
 fpr recovery thereof, he the faid E. F. f.iving the faid C, 
 D. harmlcfs of and from any cods that may happen to bin!) 
 ^Jiereby. /n luitnefs, 4cc. 
 
 AJJlgnrnent of a Judgment recovered. 
 
 THIS Indenture, made between A. B. of of the 
 one part, and C. D. of of the other part ; where- 
 as the faid A. B. did in April term, in the year of our Lord 
 1800, recover by judgment in the fupreme court of the 
 ftate of New-York, againft; E. F. of the fuin of 
 debt, and for damages, ai by the record tiitrcof, now 
 remaining in the faid court, may appear. Now this inden- 
 ture witneflcth, that fqr aijd in conlidcratioa of the fum of 
 
 dollar* 
 
1 o8 ^yftgnmmU. 
 
 dollars of lawful money of New- York, to him the 
 faid A. B. in hand wtll and truly paid by the fa d C. D. 
 at or before the fcaling and delivery of thcle prefents, the 
 receipt whereof is heicby acknowledged, he the faid j1. B» 
 faath grarit*,d, bargained, fold, afljgned, transferred >ind fet 
 over, and by thcfe pn feiits, doth grant, bargain, fell, 
 aiiign, transfer and fet over unto the faid C. D. his execu- 
 tors, admiiiittrators and afligns, the faid judgment fo recov- 
 ered, as aforefaid, againft the faid E. F. and all the benefit 
 aiwl advantage, fum and fums of money, that may be had, 
 obtained or gotten by reafon or means of the faid judg- 
 ment, or any proceedings to be had thereupon, [^ffere 
 infert a covenant as before, thai the money is clue and no part 
 thereof paid ; aljo n. B. mujl fign and ftal a memorial in the 
 J'orA before meniionid.^ 
 
 /In ^jjignment of a Leafe by an Executor , 
 
 THIS Indenture, made between E. F. of 
 executor of the laft will and tetlament of G. H. lat« 
 of dcceafed, of the one part, and J. K. of of 
 
 the other part. Whereas in and by one indenture of leafe, 
 bearing date and made or mentioned to be made, 
 
 between ^ T. of of the one part, and the faid G. H. 
 by the name of G. H. of (/Js in the leafe) of the other 
 part, he the faid ^ T. for the confiderations therein men- 
 tioned, did grant, leafe, fet and to farm let [IVritethefe nvordt 
 as you find them penned in the leafe~\ all that mtfluage &c. fituat« 
 cd \^Here again purfue the nvords of the leafe.^ To hold 
 unto the faid G. H. his executors, adminillrators and af« 
 figns, from for and during the whole term of yearj 
 from thence nejft enfuing, and fully to be complete and 
 ended, at and under the yearly rent of payable 
 [As you find it in the leafe'} as in and by the faid in part re- 
 cited indenture of leafe, relation being thereunto had may 
 more fully appear : Now this indenture witnefTeih, That 
 the faid E. F. for and in confideration of the fum of 
 of lawful money of to him in hand paid by the faid 
 
 jf. K. at or before the fealing and delivery of thefe pre- 
 fents, the receipt whereof i» hereby ackuowledged, haih 
 
 granted 
 
AJp.gnments, 
 
 granted, bargained, fold, affigned, transferred and fet over, 
 and by tbefe prefents, doth grant, bargain, fell, aflign, 
 transfer and fct over, unto the faid J. K. his executors, 
 adminiftrators and afligns, all that the faid mefTuage or 
 tenement and premlfes above mentioned to be demifed and 
 leafed to the faid G. H. in and by the faid in pan recited 
 indenture of leafe as aforefaid, and every part and parcel 
 thereof, with the appurtenances ; and alfo all the eftate, 
 right, title, intcreft, term of years yet to come and unex- 
 pired, property, claim and demand whatfoever, of him the 
 laid E. F. of, in and to the fame, or of, in or to any 
 part or parcel thereof, together with the faid in part reci- 
 t,ed indenture of leafe itfelf : To have and to hold the faid 
 roeffuage or tenemetit and premifcs above mentioned, and 
 hereby granted and efiigned, and cveiy part and parcel 
 thereof, with the appu^rtenances unto the Hiid J. K. his 
 executors, adminiftrators and afligns, for and ciuriag all 
 the reft, lefidue and remainder yet to come and unexpired^ 
 of the faid term of years, in and by the faid in part 
 
 recited indenture of leafe granted, in as full, large and am- 
 ple a manner, to all intents and purpofes, as he the faid £• 
 F. his executors, adminiftrators or afligns, might, ftiould 
 or ought to have held and enjoyed the fame, by viitue of 
 the faid in part recited indenture of leafe, or his being exe- 
 cutor as aforefaid, or by any other ways or means whatfo- 
 ever : And the faid E. F. for himfelf. his heirs, executors 
 and adminiftrators, dolhcovcnant, promife, grant and agree, 
 to and with the faid J. K. his heirs and afligns, and every 
 of them by thefe prefents, that he tlie faid E. F. now 
 hath in himfelf good right, full power and lavvful authority 
 to grant and aflign the faid melTuage or tenement and pre- 
 mifes, and every part and parcel thereof, with the appur- 
 tenances, unto the faid J. K. his executors, adminiftrators 
 and afligns, in manner aforefaid : And alfo that he the faid 
 y. K. his executors, admialftrators and afligns, paying th« 
 rent, and performing the covenants, provifoes, conditions 
 and agreements in and by the faid in part recited indenture 
 of leafe referved, mentioned and contained, ftiail and may 
 from time to time, and at all times hereafter, for and duriifg 
 &11 the reft, refiduc and remainder, yet to come and unex- 
 K pircd, 
 
1 IQ 
 
 pired, of the faid term of herein before granted and 
 aiTigned, as aforefaid, peaceably and quietly have, hold, 
 occupy, pofTcfs and enjoy the faid mefluage or tenement; 
 and premifcs hereby granted and afligntd, and every part 
 and parcel thereof, with the appuitenances, without the 
 let, luit, trouble, moleftation, interruption, evidlion or dif- 
 turbance of him tlie faid E. F. his executors, admin idra- 
 tors or afiigns, or any other peifon or perfons lawfully 
 <'lairoing, or to claim the'faid premifes, or any part there- 
 of, by, from or under him, them or any of them, or by 
 his or their means or procurement : And further, that he 
 the faid E- F. his executors, adminiftratois and afligns, 
 and all and every other perfon and perfons having, or lavir- 
 fully claiming any eftate, right, title or intereft in the faid 
 hereby granted and afligned premifes, or any part thereof, 
 fliall and will from time to time, and at all times hereafter, 
 upon the requeft, snd at the proper cofts and charges i^ 
 the law of the faid jf. K, his executors, adminiftrators or 
 alSgns, make, do and execute, or caufe to be made, done 
 and executed, all and every fuch further and other lawful 
 and rcafonable aft and afts, thing and things, affurance and 
 aflurances in the law whatfoever, for che further, better and 
 more perfeft granting, afligning and affuring of the faid 
 premifes above mentioned, with the appurtenances, unto the 
 faid J. K. his executors, adminikrators and alTigns, for and 
 during all the reft, refidue and rci^iainder, yet to come and 
 unexpired, of the faid term of hereby granted and 
 
 alTigned as aforefaicl, as by the faid y. K. his executors, 
 adminiftrators or affigns, or his or their counfel learned ia 
 the law, (hall be reafonably advifed, devifed and required. 
 In witnefs, Is'c, 
 
 Uote — If the affignmcnt be to be made by an adminiftra- 
 tor or adnfiiniftratrix, that is to fay a man or woman, wha 
 being next of kin to the deceafed leftec," or otherwife, ob- 
 tains letters of adininiftrdlion to Lis effefts, arid other hie 
 perfonal eftate, for want of his having made a will ; or 
 where the exccuto.ftiip to a will is renounced, you muft. 
 then, inftead of faying executor, &c. as in the beginning 
 of the above afiignment, write adminiftratcr [5k/ if a tvo- 
 pian, adminiftratrlx] of the goods and chattels, rights an^r 
 prcdit* of G. H, of dtceafed. Ajtgr.ment 
 
yifigrments. 1 it 
 
 Ajfignment of a Mortgage. 
 
 TO all people to whom thefe prefents fhall come. I C. Z>. 
 of &c. fend greeting. 
 H^bereas A. B. of on the (Jay of by his deed 
 of mortgage of that date, for the conlideration of did 
 grant, bargain, fell and convey unto me the faid C. D. my 
 teirs and affigns, (here recite the pre.nifes) To have and to 
 hold the fame to me the faid C D my heirs and affigns for- 
 jtver, upon the conditions hereafter mentioned, viz. That 
 be the faid A. B. ftiould pay, &c. (here infert the condi- 
 tion) And whereas i have agreed to afiign the faid mort- 
 gage to W. S. of Therefore inoiv ye. That I the 
 faid C. D. in confideration of the fum of to me in 
 hand paid before ilie enfealing hereof, by the faid IV. S. do 
 ty thefe prefents, grant, bargain, fell, transfer, affign and 
 make over unto the faid IV. S. his heirs and affigns for ever, 
 the faid (prem'ifis) To have and to hold the fame to him 
 the faid W. S his heirs and affigns for ever, as fully and in 
 ss ample a manner as I the faid C. D. my heirs or affigns 
 might hold and enjoy the fame by virtue of the mortgage 
 deed aforcfaid, and not otherwife. And I do for myfclf, 
 my heirs, executors and adminiftrators, hereby aulhorife 
 and empower the faid IV. S. his heirs, ex''cutors and ad- 
 miniftrators, to receive to his and their own ufe the fum or 
 fums mentioned in the condition of fsid deed, whenever 
 the fame fliall be tendered or paid to him or them by the 
 faid ./i. B. his heirs, executors or adminillratois, agreeably 
 thereto, and to difcharge the faid mortgage, or to take and 
 purfue fuch other fteps and means for recovery of the faid 
 fum or fums, with the intereft, by fale of the faid mortga- 
 ged premifes or otherv.'ife, as by law is piovided, as fully 
 to all intents and purpofcs as I the faid C. D. my heirs, ex- 
 ecutors or adminirtrators, might or could da in the premifes. 
 And I do for myfelf, my heirs, executors and adminiftra- 
 tors, covenant with the faid IV, S. his heirs and affigns, tha 
 I have good right to nffign the faid (premifes) as aforefaid, 
 and that he the faid IV. S. (lull and may have, hold, occu- 
 py) pcffcfs and enjoy the fame (fubjed however to the 
 right of redemption as by law in fuch cafes is provided) 
 againft the lawful claim of all perfons. In uu'itnifsi isfc. 
 
 j^ffignment 
 
112 
 
 jfjfignmtnts. 
 
 jljfignmcnt of a Man's ivhole EJlate, in confid- 
 eration of fever al Debts and Engagements. 
 
 TO all to whom there jircfents (ball come, I A. B. of 
 ferd greeting. IJ'hcreas I am indebted unto C. D. of 
 in the fum of of lawful money of and the faid 
 CD. and one E.F, of (land jointly and feveraily engaged 
 for me the faid A: B. in feveral bonds or obligations for fev- 
 eral fums of money : New knoivye, That I the fsid A. B. for 
 and towards the paj ment and fatisfaftion of the faid monies, 
 and for divei-s other good caufes and confideraiions me there- 
 unto moving, f.'a've granted, alfigned, bargained and fold, and 
 by thefe prefcnts clo freely and abfolutely grant, afTign, bargain 
 and fell unto the faid C. D. and E. F. all and all manner of 
 goods, chattels, debts, monies and all other things of me the 
 faid A. B. whatfoever, as well real as perfonal, of what kind, 
 rature or quality foever ; To ha've and to hold the fame, and 
 every part and parcel thereof, unto them the faid C. D. and 
 E. F. their executors, adminiftrators and affigns for ever. 
 In riUitne/Sf&C, 
 
 jifpigmnent of a Mortgage of a Term of 
 Tear Si 
 
 THIS Indenture, made between A. B. of of 
 
 the one part, and C. D. of of the other part. 
 
 Whereas by his indenture bearing date the (and Jo 
 
 recite the mortgage ) as in and by the faid indenture, reterence 
 being thereunto had, rnsy more fully appear ; which faid 
 fum of or any part thereof, was not paid or tendered to 
 or for the faid A. B. at the day in the ptovifo of redemp- 
 tion limited for payment thereof, and yet rcmaineth unpaidj 
 by reafon whcieof the fnd melfuage and other premifes, and 
 the whole eftate, right, title and intereft of the faid C. D- 
 in and to the fame became forfeited unto the faid A. B. and he 
 thereby was and now is lawfully intcrefled and poflcfT^rd in 
 ar.d ofthefai;' premifes, and of and in every part thereof, 
 duiiiig the refidue of the tera> of years which then were and 
 Tiow are to come and unexpired, in and by the faid indenture 
 of demife above mentioned, granted to the faid CD. Nouu 
 this indimun wlneJTeth, That the faid C D, for and in con- 
 
 iideratsoa 
 
jijftgnmentt. 
 
 fijeration of the fum of to him in hand pr.Id, the receipt, 
 &c. \^See ajpgnmertt of lea/e'\ hatli, &c. all the faid menuage, 
 tenement jnd preinifes, wiih rhc appurtenances whacfoeveriia 
 and by the faid indenture of demi(e granted to the faid /I. 
 B. asaforefaid ; and aifo all the eilaie, &c. by virtue of 
 the faid reciied indenture of mortgage or alFignment above 
 mited, or of any thing therein meiitioned or contained, to- 
 gether with the faid indenture of mortgage or demife afore- 
 faid ; and all other writings r-lating to or concerning the 
 fame: To have and to hold [a/ in the ajjiynment of a leafe^ 
 by force and virtue ot the faid recited indenture of leafe, or 
 the faid indenture of mortgage aforefaid, or either of thera,o< 
 any thing therein tnentioned or exprvMied, or otherwife how- 
 Ibever, ( idd a covenant for df charge of tncumbrances. Sec. J 
 In witnef«, &c. 
 
 A[fignment of a Mejfuage for a srm of 
 Tears by way of Indorfment^ and of a Bond 
 for Payment of the mortgage Money, and for 
 performance of Covenants, uvitb a Letter of 
 Attorney. 
 
 KNOW all men by thefe prefents, that I the within nam- 
 ed A. B. in confideraiion of of lawful money of 
 to roe in band paid by C. D. of the receipt, &c. and 
 for divcti other gnod caufes and conGderations me hereunto 
 efpecially moving, have bargained, fold, adigned, and let 
 over &c. and by thefe prefents, do bargain, &c. unto the 
 faid C. D. his executors, adminiftrators and alTigns, all, &c. 
 the iviibin indenture of demife, and premifes thereby granteti 
 and dcmifed, or mentioned or intended fo to be, and every 
 part thereof, with the appartenances ; and ali my eftate, right, 
 title, intereft, term of years to come, properiy, claim and 
 d«raand whatfoever, either in law or equity, o^ in or to the 
 fame or any part thereof; And alfo one bond or obligation 
 bearing even date with the within indenture whereby the 
 Within named E. F. became bound to me in the penal fum of 
 conditioned for the payment of within mentioned 
 8f <3 for the true performance of the fevera! covenants in the 
 within indenture menlioned, and all and every fum and fuma 
 Kz of 
 
114 
 
 Defeafances, 
 
 of money due, or to grow due thereon : To have and to hold 
 the faid feveral, &c. and premifes by the within indenture 
 granted and demifed, with their appurtenances, unto the faid 
 C. D. his executors, adminiftratois and alTigns, from hence- 
 forth, for and during the lefidue and remainder now to come 
 and unexpired of the within term of years, fubjeft to the 
 provifo within contained; and to have, receive and take all 
 and every fam and fumsof money due or to grow due upon 
 the faid bond to the faid C. D. his executors, adminiftrators 
 and afligns, to his and their own proper ufe and behoof ; and 
 I the faid A. B. do hereby make the faid C. D. his execu- 
 tors adminiilrators and afl.igns, my true and lawful attorney 
 and attornies, \as in the letter of attorney in the afsig'i'aeut of 
 a bond mutatis mutandis] And I the faid li. B. do hereby 
 lor myfelf, my heirs, executors and adminiftrators, covenant, 
 &c. Ihat the mortgagt is not incumbered', 8ic. In witnefs, &c. 
 
 Of DEFEASANCES. 
 
 A DEFEASANCE is an inflrument making a deed, 
 execultd before and made abfolute, on certain con- 
 ditions void, Co. Lit. 236. but is now feldom ufed that 
 way ; a provifo in the deed itfelf, as in mortgages, &c. fuf- 
 ficitiitly anfwering the ends of a deftafance. Obligations, 
 rtcngiiifances, judgments, &c. are moft commonly the fub. 
 jed matter of ihcfe inftruments. 
 
 /f Deftafance of a Bond and Judgment. 
 
 THIS Indenture made between A. B. of 
 
 of the one p. rt, and C. D. of of the other part. 
 
 Whereas Cat faid C. J), in and by one bond or obligation, 
 btarmg date doth ftand firmly bound unto the faid 
 
 ^. B. in the penal fum of of lawful money 
 
 conditioned for the payment of the fum of of like 
 
 lawful money, on as in and by the faid part recited 
 
 bond or obligaiioo, with the condition there undctwritten, 
 
 may 
 
Surrenders ly Deedi, 
 
 •«ay more fully appear ; And tvhereas the fald A. B. as a 
 collateral or further fecurit) for the payment of the faid fum 
 of according to the tenor of the faid in part leciced 
 
 bonder obligation, in term laft, in the court of at 
 obtained and recovered againft the faid C. D. one 
 judgment of dollars debt, befides cods of fuit, as by 
 
 the records of the faid court appeareth : Notv this indenture 
 viitnejfeth. That it is agreed by and between the faid parties 
 to thefe prefents, and the faiJ /I. B. doth for himfeif, his 
 heirs, executors and adminiftrators, covenant, grant, promifc 
 and agree, to and with the faid C. D. his executota and ad- 
 miniftrators, by thefe prefents, that if the faid CZ). his heirs, 
 executors cr adminiftrators, fhall well and truly pay or caufe 
 to be paid unto the laid A. B. his executors, adminiftrators 
 oraffigns, the afortfaid fum of at the days and times 
 
 above mentioned, in difcharge of the faid in part recited 
 bond or obligation, that then he the faid A. B. his execu- 
 tors, adminiftrators or afligns, ftiall and will, after fuch pay- 
 ment made, at the reqneft and at the proper cofts and charges 
 in the law of the faid C. D. his executors or adminiftrators, 
 in due form of law, acknowledge fatisfaftion upon record of 
 and for the faid judgment : And that the faid A. B. his ex- 
 ecutors, adminiftrators or afligns, fliall not, before default 
 be made in payment, as aforcfaid, fue forth or take out any 
 writ or procefs of execution againft the faid C. D. his heirs, 
 executors or adminiftrators, or his or their lands, tenements, 
 goods or chattels, or any of theno, by or upon the faid judg- 
 ment. 
 
 Sealed, Sec. 
 
 Of SURRENDERS by DEEDS. 
 
 A SURRENDER by deed is the yielding up of an ef- 
 tate for life or years to him who is next in reverfion or 
 remainder whereby the eftate for life or years may be drawn 
 by mutual agreement between the parties. 
 
 To make a good furrender by deed, thefe things are re- 
 quired, viz. that the furrcnderers rauft have an eftate in poffef- 
 
 iion 
 
Il6 Surrenders by Deedi. 
 
 fion ia the land, Zee. furrendered ; the furrenderer mtift be 
 made to liim that hath the next eftate in remainder or rc- 
 verfion, without any eftate coming between : and the fur- 
 renderee muft have a greater eftate in his own light, in the 
 thing furrendered, than the furrenderer. Co. Lit, 338. 
 
 A Deed of Surrender to a Per/on having the 
 
 Rcverjion in Fee. 
 
 KNOW all men by thefe prefents, that I A. B. of for 
 antf in confideration of the fumof to me in hand 
 paid by C. D. of the receipt whereof I do hereby ac- 
 knowledge, ha-ve granted and furrendered, and by thefe pref- 
 ents, do grant and furrender unto the faid C. D. his heirs 
 and afiigns, all t\izt itiefTuage \^Here defcribe the premi' 
 
 fes~\ and the rcverfion and revdfions, remainder and remain* 
 ders, rents, ilTuesand profits of all and fingularthe faid pre- 
 mifes : To have and to hold the faid meffuagc, &c. and all and 
 £ngular other the premifes above granted and furrendered, 
 and every part and parcel thereof, with the appurtenances,' 
 unto the faid C, D. his heirs and a(Iignf,to the only p;oper 
 Hfe and behoof of him the faid C. D. his heirs and alTigns 
 forever. 
 
 In wttneft, ice. 
 
 A Surrender of a Tervt of Tears. 
 
 KNOW all men by thefe preft nts, that whereas I A. B. 
 of am pofTeffed of and intetefted in one nr.c{ruage, 
 he. the remainder of a certain term of years, the re« 
 verfion whereof doth belong to C. D. of Now know 
 ye, that I the faid A. B. for and rn confideration of the 
 fum of of lawful money of to me in hand well and 
 truly paid by the faid C. I), at or before the ftaling and 
 delivery of thefe prefents, the receipt whereof I the faid 
 j1 B. do hereby acknowledge, have granted, furrendered 
 and yielded up, and by thefe prefents, do grant, furrender 
 and yield up, unto the faid C. D. his heirs and afligns for 
 ever, the faid meffuage, &c. above mentioned, and all the 
 .<ftate, right, tivle, claim and demand whatfoever of m« 
 
Surrenders ly Deeds. 
 
 the faid A. B. of, in and to the faid premifes, and every 
 part thereof, with the appurtenances, fo that neither I the 
 faid A. B. my c«ecutor3, admiiiiilrators or affigns, or any 
 of them, (hall or may have, claim, challenge or demand 
 the faid premifes, or any part thereof, or any eltate, right, 
 title or intercft, of, in or to the fame ; but (hall and will at 
 all times heieafter, of and from all right, title and intereft, 
 of and in the faid premifes, and every part thsreofj be bar- 
 red and for ever excluded by thcfe prefents : And I the 
 faid A. B. for myfelf, my heirs, executors and adminiftra. 
 tors, do hereby covenant, grant, pronnife and agree to and 
 with the faid C. D. his heirs and afiigns, that he the faid 
 C. D. his heirs and pfligns, (hall and may at all times here- 
 after, peaceably and quietly enter into, have, hold, ufe, 
 occupy, poffefs and enjoy all and fiiigular the faid prcmifcd 
 above mentioned, and every pan theitof, with the appur- 
 tenances, without the lawful let, fuit, trouble, hind/ioce, 
 moIeRation, interruption or difturbance of me the faid A. B» 
 my executors, adminiftrators or afligns, or of any other 
 perfon or perfons claiming under me, them or any of them. 
 In luitrie/s, i^c, 
 
 A Surrender or Declaration of T ruji on a mort"- 
 gaged Term. 
 
 WHEREAS in and by one indenture of demife, or 
 bargain and fale, bearing date made or mention- 
 ed to be made between A. B. of of the one part, and 
 G, D. of of the other part, the fdid A. B. for the 
 confideratlons therein mentioned, did demife, grant, bar- 
 gain and fell unto the faid C. D- his executors, adminif- 
 trators and afligns, all thofe men"uage3, &c. {_Here defcribe 
 the premlfii moiigaged^ to hold unto the faid C, D. his ex- 
 ecutors, adminiftrators and afligns, for the term of years 
 fiom thenceforth next enfuing : In which faid indenture 
 was contained a provifo or condition to make the fame de- 
 fcafible and void on payment by the faid A. B. to the faid 
 C. D. of the fum of of lawful money, &c. wi h legal 
 intereft for the fame, at a certain day therein particularly 
 mentioned, as in and by the faid indenture of demife or 
 
 mortgage, 
 
Surrenders hy Deeds, 
 
 mortgage, relation being thereunto had, may more fully and 
 at large appear : Now know all men by thefe prefents, that I 
 the faid C. D. do hereby fignify and declaie, tliat the faii 
 fum of fo fccured to be piiid and payable out of the faid 
 mortgaged premifes, as aforefaid, are the proper monies of 
 E. F. of and that the name of me the faid C. D. wat 
 
 CMily ufcd in truft tor the benefit and bihoof of the faid E. F, 
 his eicifcutors, adminiftrators and affigns, in the above in part 
 recited indenture of dcmife or mortgage, and the'efore in 
 difchargc of the faid truft in me repofed, as aforefaid, I the 
 faid C. I), have, at the rtqueft of the faid E. F. furrender- 
 ed, afiigned and fet over, and by thefe prefenta, do grant, 
 bargain, fell affij.'n and let over unto the faid E. F. his ex- 
 ecutors, adminillrators and afligna, all the ellate, right, ti- 
 tle, inteteft, ufe, truft, benefit, claim and demand whatfoev- 
 er, which I the faid*^7. D. have, or may have or claim of» 
 in or to the faid nielTiiages, <kc. and other the premifes, in 
 end by the faid in part recited Indenture of demife or mort- 
 gage, granted to me as aforefaid, or of or in any matter of 
 thing in the faid indenture mentioned or contained ; fo that 
 neither I the faid C. D. my executors, adminiftrators or al''' 
 figns, or any of us, at any tim€ hereafter, ftiall or will a/k, 
 demand, claim or challenge, any intereft, benefit, truft or 
 privilege, in any tefpedt or manner whatfotver, in or to the 
 faid above furrendtred and afiigned premifes, or any part 
 thereof, by rtafon, colour or means of the faid in part reci- 
 ted indenture of demife or mortgage, or any covenant, pro- 
 tlfo, matter or thing therein contained, or cthervrife how. 
 foever : but thereof and therefrom, and of and from all ac- 
 tions, fuits and demands whatfoever, which I, my execu- 
 tors, adminiftrators or iifGgns, or any of us, may have con- 
 cerning the fa me, (hall be wholly and entirely debarred* 
 In vu'Unefs, i^c. 
 
 A Declaration of a Truji on a mortgaged Term, 
 without Surrender. 
 
 WHEREAS in and by one indenture of demife or mort- 
 gage, bearing date and made or mentioned to be 
 made between ^. B. of of the one part, and C. D. of 
 
 of 
 
Surrenden by Deeds. 
 
 of the other part, the faid A B. for and in confidera- 
 lion of looo dolB. of lawful money therein mentioned to 
 be paid by the faid C. D. to the faid A. B. did demife, &c. 
 \_Here go on and recite the mortgage as in the /aji furrender-l 
 lo hold for a long term of years, defeafible on repaynnent by 
 the faid B. to the faid C- D. of the faid lOOO dols. with, 
 inteteft on certain days therein mentioned, as in and by the 
 faid indenture may more fully appear : Now know all men, 
 by thtfe ptefents, that 1 the faid C D. do heitby fignify 
 and declare that 300 dols. part of the faid 1000 dels, are the 
 proper monies of E, F. of and zco dols. more, other part 
 pf the faid principal fum, are the proper monies of G. H. of 
 
 And therefore the faid C. D. doth hereby declare, grant 
 and agree, that he the faid C. D. his executors and admiri- 
 iftrators, (hall and will from hencefoitii Hand poffeffed of, 
 and interelted in the faid mortgage and morigaged premi- 
 fes, and every part thereof, in truft, as well for fecuring the 
 payment of the faid fum of 300 dols. and interell to the faid 
 E. F, his executors, adminiftrators and affigns, and the faid 
 fum of 200 dols. and intcrtft to the faid G. H. his executois, 
 adminiltrators and affigns, as for fecuring the re payment 
 of the other 500 dols and intereft to him the faid C. D. his 
 executors, adminiltrators and alfigns : And that'neither he 
 the faid C. D. his executors nor adminiftrators, fhall or 
 will aflig'i, or in any wife vacate the faid mortgage, or re- 
 leafe ihe monies thereby fecured, until the laid E. F. fhall 
 be fully paid and fatislied the faid 300 dols. and intereft, and 
 the faid G. //. (hall alfo be fully paid and fatiiiied his 200 
 4ol6. and intereft. In iviine/s, ijfc. 
 
 A Declaration of Truft by way of ■ijjignment. 
 
 THIS indenture made between .5. of ofthe 
 one part, and C. D. of of the other part. Wliereat 
 and by one indenture, &c. \_Here recite ihf mortgage hafe as 
 in the foregoing.] Nov) this indenture 'witnejcth, that the 
 faid A. B. doth hereby acknowledge and declare, that the 
 lum of in the faid in part re.:iced indentus-c of mortgage 
 mentioRcd, was all the proper money of the faid C. Z).°aud 
 
 not 
 
120 
 
 Indenluret. 
 
 ■ot any part thereof the money of the faid /i. Bi and tha^ 
 the name of him the faid A. B. was ufetl therein, only ir.truft 
 for the faid C.D> hie executors, adminiftra'tors and afligns : 
 And therefore the faid /i. B. in purfuance of the truft rcpofed 
 in him, as aforefaid, by the faid C. D. and alfo for and in con- 
 fideration of the fum of one dollar to him in hand paid by 
 the faid C. D. on or before the fealing and delivery of thefc 
 prcfenlSjthe receipt whereof is hereby acknowledged, hnlh 
 gianted, bargained, fold, afTigncd, tranferrcd and fet over, 
 and by thefe prefents, do:h grant, bargain, fell, afligu, tranf- 
 fer and fet over unto the faid C. D. his executors, adminif* 
 ttators and afligns, all and finguiar the faid melTuages, &C, 
 and premifes before mentioned, in and by the faid in part 
 recited indenture of mortgage grant .-d, with their and eve- 
 ery of their afjpurtenance* ; and alfo all the eftate, right, ti- 
 tle, interert, term of years, property, claim and demand what- 
 foever of him the laid A- B. of, in or to the faid premiles, 
 and every part and parcel thereof, together with the faid in 
 part recited indenture of demife or mortgage : To hanie and 
 to hold the faid nitffuage, &c. hereby granted and affigned, 
 or mentioned or intended fo to be, unto the faid C, D. his 
 executors, admiiiiftrators and afGgns, for and during all fuch 
 term and eftaie as he the faid A. B. hath or ought to have 
 therein. And the faid /I. B. for himfelf, his heirs, execu- 
 tors and admiriiftrators, doth covenant andg'anf, to and with 
 the faid C- D. his executors, adminiibators and afligns, that 
 he the faid A. B. hath not made, committed, afled or done, 
 Oi' caufed or procured to be made, committed, adtcd or done, 
 any aft, matter or thing, whereby or by leafon or means 
 whereof the faid mcfTuages, &c. and premifes or any part 
 thereof, are, may or can be charged or incumbered in title, 
 charge, eftate or otherwili: howfocvcr. 
 In ivitiiefs, &c. 
 
 Of INDENTURES. 
 
 WHERE a deed begins, This Indenture, it muft aftu- 
 ally be indented, that is to fa;', cue or fcolloped at 
 
 the 
 
Indenture!. 
 
 121 
 
 <he top, oth«rw5(e it will be a deed poll ; for it is not the 
 words, This Jndevture, but the indenting of the parchment or 
 paper, that makes it an indenture. Wood's Irtft.-i'^b. i Inji. 1 43. 
 
 The difference between indentures and deeds poll is, that 
 in the latter, the words {hall be molt ftrongly taken againft 
 the grantor : bat in the former, the words are to be taken 
 according to the intent of both parties, the grantor znd grantee : 
 For this reafon, whete both parties are intended to be con- 
 cluded, it feems highly ncceffary to turn deeds poll into in- 
 dentures, which is eafily done, by obferving the different 
 forms of ihofe inftruments, and indenting ihem as above di- 
 refled. A deed may confift of feveral parts, as two, three, 
 four, fii-e, fix, &c. which formerly were written bipartitet 
 trtpart'ttet quadrifaritle, qu'tK^uapartite) fext'ipariiley &c. 
 
 A Ccvmon Indenture of Apprentice/kip. 
 
 THIS Indenture, made the day of in the year of 
 our Lord witneiTeth, that A. B. fan of C. D. aged 
 years months days, by and with the confent of 
 the faid C. D. his father, of hath, of his own free and 
 
 voluntary w ill, placed and bound himfelf apprentice unto E.Fi 
 of blackfmith, to learn the faid trade, myftery or oc- 
 
 cupation sf a blackfmith, -.vhich he the faid E. F. now ufeth, 
 and with him as an apprentice to dwell, continue and ferve 
 from the day of the date hereof, unto the (bll end and term 
 of from thence next enfuing, and fully to be complete 
 and ended ; during all which term of years, the faid 
 apprentice his faid mafter well and faitbrully fhall ferve, his 
 fecrets keep, his lawful commands gladly dp and obey ; hurt 
 to his faid maffer he (hall not do, nor wilfully fuffer to be 
 done b)' others, but of the fame, to the utmoft of his power, 
 fhall forthwith give notice to his faid mafter j the goods of 
 his'faid mafter he (hall not embezzle or wafte, nor them lend, 
 without his confent, to any ; at cards, dice or any other un- 
 lawful games, he (hall net play ; taverns or ale houfes he (hall 
 not frequent ; fornication he (hall not commit, matrimony 
 be (hall not contrail ; from the fervice of his faid mafter he 
 (hall not at any time depart or abfent himfelf, without his 
 faid maftcr's leave ; but in all things, as a good and faithful 
 appieotice, (hall aad will demean and behave himfelf towards 
 L his 
 
|23 
 
 InJtnlura, 
 
 his faid mafter, and all h\%, during the laid term. And the 
 faid mafter, [in confideration of the fiim of of lawful 
 money of to him in hand paid by his faid apprentice] in 
 the faid trade, myftery ot occupation of a blsckfmith, whicf> 
 he now ufeth, with all things thereunto belonging, (hall and 
 will teach, inftrofl, or caufe to be well and fufficiently taught 
 and inftruded, after the belt way and manner he can, and feall 
 and will alfo 6iid and allow unto his faid apprentice meati 
 drink, wafhing, lodging and apparel, both linen and woollen* 
 and all other neceffaries fit and convenient for fuch an ap< 
 prentice during the term aforefaid [and alfo (hall for the fpace 
 of n^onths in each year, during the faid term, put the 
 
 faid apprentice to fome good Englilh fchool, to be inftruftcd 
 in reading, waiting and arithmatic] In niisne/s, Sec. 
 
 Sotne necejfary Obfervations in Relation to In." 
 dentures of Appreniiceftnp. 
 
 IF any money be contraifted for or given with any clerk 
 or apprentice, fuch confideratioa mu(t be expreWy in- 
 ferted in the indenture. 
 
 No mafter or miftrefs (hall compel any apprentice or jour- 
 neyman, by oath or bond not to exercifc his trade after hij 
 term expired on pain of forfeiting ^^•40 for each offence ; 
 the one half to the people of this (tiite, and the other half to 
 fuch peifon as will profecute for the fame. And any bond, 
 or other fecurity fo given to be utterly void. See Laws of 
 Mew- York ii fcff. ch, 13. \ I. And, 
 
 By feft. :?d of the fame aft, apprentices may be bound to 
 ferve until 21 years of age ; with a provifo in the fame fec- 
 tion that no child of any Indian woman (hall be bound ap- 
 prentice except in the prefcn e, and with the confentof'a 
 juftice of the peace, a certificate of fuch confent to be figne4 
 by fuch juilice, and filed with the clerk of the town or plac« 
 where the indenture is executed. 
 
 So by feft. 3d of the fame aft, the overfeers of the poor of 
 any city or town, with the confent of any two jutticesof the 
 peace of the fame county, refiding in or near, fuch town (or 
 if in the cities of New- York, Albany or Hiidfon, with the 
 confent of the mayor, recorder and aldermen, or any two of 
 •> them 
 
inJeniurfii 
 
 t'.iem may bind out any child become chargeable, or whofc 
 parents are become chargeable to the city or town wherein 
 they refpeAively inhabit, or who (hall beg alms, tobe appren. 
 ticea or fervanu, according to their degree and ability, 
 where they fhall fee convenient, until fuch child, if male, ftiall 
 arrive to the age of 21 years ; if female, to the age of 18 
 years, and fuch confent fhould be certified and acknowledged 
 by the faidjuftlces either at the foot, or on the back of the 
 indenture, which indenture may be in the following form. 
 
 Indenture fcr putting out a Poor Boy an Ap- 
 prentice, 
 
 '^"^HIS Indenture, made witnefTeth, that A. B. and 
 Jl. C. D, overfeers of the poor of the town of in the 
 county of and date of New-Yoik, by and with the con- 
 fent of, &c. two of the juftices of the peace of the faid coun- 
 ty (or if of either of the cities before named, fay by 
 wbofe confent) having put and placed, and by thefe pre- 
 fentsdo put and place L. M. a poor boy of the faid towa 
 (or city) aged appreniiccto 7. K. of with him 
 
 to dwell and ferve from the day of the date of thefe pre- 
 fents until the faid apprentice (hall accompli(h the full age 
 ef twenty-one years, according to the ftatute in that cafe 
 made and provided; during all which term the faid appren- 
 tice his faid mafter faithfully (hall ferve on all lawful buG- 
 DefTes, according to his power, wit and ability ; and (hall 
 honeftly, orderly and obediently in all things demean andbe« 
 have biinielf towards his faid mafter, and all hie, during the 
 faid term. And the faid J. R. for himfelf, his cxecutora 
 and adminiftratofs, doth covenant and agree to and with 
 the faid overfeers of the poor, and each of them, their and 
 each of their heirs, executors and adminidrators, and their 
 and each of their fucceflbrs, for the time being, by thefe pre- 
 fents, that he the faid y. R. the faid apprentice in the trade 
 of which he now ufcth, fhali and will inftruft, or caufe 
 tobe tatfght and inftruftcd, and during all the terra afore- 
 faid find, provide and allow unto the faid appientice com- 
 pttect and fufUcient meat, drink and apparel, wa(hing, 
 
 lodging, 
 
1J4 
 
 Covenant/, 
 
 lodging, mending, and all other things neceflary and fit for 
 an apprentice : and alfo (hall and will i'o provide for the faid 
 apprentice that he be not any way a charge to the town (or 
 city) of or inhabitants (or citizens) thereof ; but of 
 and from all charge fliall fave the fald town (or city as the 
 cafe may be) harmlcfs and indemnified during the faid 
 term ; and at the end of the faid term fliall and will make, 
 allow, provide and deliver unto the faid apprentice, one 
 good new fuit of holy-day clothes of the value of at leaft 
 dols. and two other good fuits for every day wear. 
 In •wilnefs, Isfc. 
 
 We G H. and /. J. efquires, two of the juftices of the 
 peace, for the caunly of aforefaid, do hereby declare 
 our affent to the putting forth of the aforefaid L. M. ap- 
 prentice to the faid y. R, Exrcording to the intent and 
 meaning of the above written indenture. In witncfs where- 
 of v/e have hereunto put oar hands and feals, the day and 
 year in the above indenture firft written. 
 
 Of COVENANTS. 
 
 A COVENANT is an agreement that ought to be by 
 both parties in writing, fealed and delivered. It 
 muft be for performing what is lawful and poflible, other- 
 wife it will be void. Jacob's DiS. 
 
 All covenants muft, as to time and place, be exaflly per- 
 formed ; and no caufe of aftion can arife from thence till 
 fome breach thereof. liic/. 
 
 ji Covenant Jor Payment of Rent, and Perform- 
 ance of Covenants of a Leafe ajjigned, and to 
 Indemnify the Affignor thereof^ to be inferted 
 in the Alftgnment. 
 
 AND the faid C D. {Here name the AJfigneel for hlna- 
 felf, his heirs, executors, adminiftrators and afligns, 
 doth covenant, promife, grant and agree, to and with the 
 
 laid 
 
Covenan(f, 
 
 125 
 
 faid A. B. his executors and adminiftrators, and every of 
 them, by thcfe prefents, in manner and form following, 
 that is to fay : that he the faid C. D. his executors, admiti> 
 iftrators or afligns, (hall and will from time to time, and at 
 all limes hereafter, well and truly pay the rent, and perform 
 the covtnaras and agreements in the faid in part recited in- 
 denture of Icafe reftrved and contained, which on the fen- 
 ant's or leflVe's part are, or ought to b»" paid, done perform, 
 ed and ktpt, according to the true ir.ttnt ind meaning of 
 the faid ind'.-nture of leafe, and thereof and therefrom, and 
 of, from and againft all aftions, fulls, coils, chargts, expcn- 
 ces, troubles, damages and demands whatfoever, which fhall 
 01 may aiile, happen, be commenced or profecutcd againfl 
 the faid A. B. his heirs, executors or adminiftrators, or 
 which he or they (hall or may ftiHain, fuffer or be put unto, 
 for or by reafon or means of the non-payment of the faid 
 rent, or the breach or non-performance of the faid covenants 
 or agreements, or any of them, (hall and will at all times 
 l;ereafte>, well and lufficicntly fave, defend, keep harmlefs 
 and indemnitifd the faid A. B. his heirs, executors and ad- 
 ministrators and every of them by thefe prefents. 
 Jn ivilne/s, Sjf c. 
 
 A Covenant in a Leafe^ that the Lejfor may up- 
 on Jix Months Notice take Part of the Fre- 
 mifes into his own Hands. 
 
 AND alfo that if the faid yf. B. his executors, adminif- 
 trators orsfSgns, fhal! at any time, during the term 
 hereby granted unto the faid C. JD. a- aforefaid, be amiod- 
 cd to take tiie (fiop, now in the pofTtlfion or occupation of, 
 &c. (being part of the meffuage or tenement hereby de- 
 mifed) into his or their own hands, ufe or pofTeffion, or 
 otherwife to let or difpofe thereof, and fhall give unto the 
 faid C. D. his executors, adminiRrators or aHigns, (ix 
 months notice in writing of fuch his or their mind or in- 
 tention, that ut or immediately after the end or expiration 
 •of the faid fix months, it fnall or may be lawful to and for 
 the faid /f. B. his executors, adminiftrators or afligns, to 
 tnter upon, have, hold, occupy and enjoy the faid (hop from 
 Xi a thenceforth 
 
126 
 
 Covenantt. 
 
 thencefortli, for and during all the reft, refidue and remain- 
 der of the fa!d term, which fhall be then to come and anex< 
 pircd ; the faid A. B. hereby covenanting, promifing and 
 agreeing, that he the faid A. B. his executors and admin- 
 iftiators, (hall and will difcount and allow, or otherwiie, 
 that it iTiall and may be lavrful to and for the faid C, 
 D. his executors, admini-ftrators and afiigns, to defalk, de- 
 duft and retain the fum of, &c. yearly ai;d every year, out 
 of the faid rent of, &c. hereby ref«rved, which is to be in 
 full fatisfaftion for the faid (liop ; any thing herein contain- 
 ed to the contrary thereof notwithllanding. 
 
 A Covenant or Provifo in a Leafey allowing the 
 Tenant to he free before the End of the Term 
 granted. 
 
 PROVIDED alfo, and it is hereby covenanted and 
 agreed by and between the faid parties to tbefe pre- 
 fents, that if he the faid C. D. his executors, adminiftrators 
 or c.ffigns, fhall be aminded or defjrous to leave the faid 
 premifes at the end of feven years, [or fourteen years] after 
 the commencement of this prefent leafe or demife, and 
 thereof (hall give fix months notice or warning in writing, 
 under his or their hands, unto the faid y/. B. his heirs or 
 afligns \_If the Ifjfor have only a temporary inter ejl, then ivrile, 
 executors, &c, as lefore diredcd ; for which Jte leafes] of 
 fuch his or their mind and intention, on the day of 
 next and immediately preceding the determination of the 
 faid term or time of feven yearsj [or fourteen yeatsj re- 
 fpeftively ; that then and immediately after the expiration 
 of the faid term of feven years [or fouitecn yearsj refpec- 
 tivcly, and of fuch refpedtive notice given as aforefaid, the 
 term and eftate of twenty-one years hereby granted, as 
 aforefaid, (hall ceafe, determine, and be utterly void ; any 
 thing in thefe prefents contained to the contrary thereof 
 in any wife notwithdanding. 
 
 Note ; This covenant or provifo muft immediately follow 
 the provifo for re entry on non-payment «f rent. 
 
 An 
 
Covenantt. 
 
 127 
 
 Indevture of Copartner ^olp between two 
 BookfeUers. 
 
 THIS Indenture. made the day of In the year of 
 our Lord between gentleman and ftatlonerof 
 
 of the one part, and C. Z). alfo gentleman and ftationer 
 of aforefaid, of the other part, ■w'tlnejfeth , that the faid 
 u1. B. and C. D. having had experience of each other's 
 care and fidelity, and in confidence thereof, for the future, 
 have agreed upon a copartntrfhip and joint trade, in carry- 
 ing on cf the trade of printing and bookfelLng, and there- 
 fore each of them doth refpeflively, and for their feveral 
 and refpecSive executors and adminidrators, covenant, protn- 
 ife and agree, to and with the other of them, hii executors 
 and adminiftrators, by thefe prefcnts, that from and after the 
 day of next enfuing the date of thefe prefents, they 
 the faid /I. B. and C. D. lhall be and continue copartners 
 and joint traders in the art, trade, my fiery and bufifiefs of a 
 bookfeller, that is to fay, in buying, felling, vending, ex- 
 changing, priming and uttering of all forts of books and 
 other tilings incident and belonging to the trade of a book- 
 feller ; and alfo in the management and doing of all fuch oth- 
 er bufinefs, as they (hall tbink fit and mutually agree and 
 confent to trade in, for and during, and until the full end 
 and term of feven years, from thenceforth next enfuing, and 
 fully to be complete and ended, if they thall both fo long 
 h've. And for the carrying on of the faid joint trade, each 
 of the faid parties to thefe prefents doth covenant, promife, 
 grant and agree, to and with the other of them, that they 
 will each of them bring in feverally into the faid joint trade 
 and ftock, in money and good?, to be ufed in the faid trade, 
 on or before the faid day of next enfuing the date here- 
 of, the full fum or value of of lawful money of to be 
 ufed and employed in the faid joint trade, upon the faid joint 
 account. And it is herein and hereby alfo mutually covenant- 
 ed and agreed, by and between the faid parties to thefe pref- 
 ents, that the faid trade of a bookfeller (hall be carriedon and 
 managed at the fhop and warehoufc at the fnuate in or 
 at any other place they the faid parties to thefe prefenta 
 (hall agree upon for the purpofe. jinJ for the orderly pro- 
 ceeding in and carrying on of the faid intended trade or 
 
 bufmefs, 
 
CovtHants. 
 
 builneCs, it i» mutually covenanted, concluded and agreed up< 
 on, by and bttwen the faid parties to thcfc prefents, and 
 each of them doth for himfelf rcfpeftively covenant, promife, 
 grant and agree, to and with the other of them, his execu- 
 tors and adminiftratorsjby thefe prefents, i;i manner and form 
 following, that is to fay ; that they the faid A B. and C. D, 
 fhall be ju(t and faithful to each other, in ail their buyings, 
 feliings, accounts, reckonings, difburf^ments and dealings 
 concerning the faid copartnerfiup, and fnall each of them 
 endeavour by all jiilt care and diligence to advance and pro- 
 mote the faid joint trade and (lock, without fraud or deceit, 
 and give their attendance upon the faid trade : And alfo 
 that the faid /I. B. his executors oradminillrators, fhall have 
 the full intercft, right or property of, in and unto one moie- 
 ty or half part of the fiid joint (lock of books, copies, and 
 ^Aliher things belonging to the faid copartnerfbip.and alfo of, 
 in and unto all the gains, profits and increafe which (hail 
 arife, happen, accrue or be made thertby or by the ordering 
 or employing of the fame, or by any credit or bufinefs to be 
 by them managed or done as copartners, and alfo fhall bear 
 and pay one moiety of all iolfes, cofts, expences or damageSf 
 which fhal! at any time happen, arife or come, or be expen- 
 ded or laid out, in, about or concerning the faid jaint trade 
 er copartnerfhip aforefaid, in any wife whatfoever : And 
 that the faid C. D. his executors or adminiftiators, fhal! have 
 the full iniered, &c.of, in and unto the other moiety of half 
 part, Sic. \ Here go on exadly in the fame manner, as in the fore- 
 going claufe.'^ And each of them the faid A. B. and C. D. 
 doth alfo for himfelf, his executors and adminiftrators, cov- 
 enant, promife, grant and agree, to and with the other of 
 them, his executors and adminillrators, that the faid joint 
 floik and alfo the buyings, fellings, exchanging of books, 
 dealings, gains, debts and credits which fl;all grow, 
 arift, liappen or be made, of or by means of the faid joint 
 trade, or any thing incident or belonging thereunto, (hall 
 from time to time, during all the faid term of the faid co- 
 partnerfhip, be duly entered and fairly written in fome con- 
 venient book or books, to be kept for that purpofe, within 
 the (hop wherein the faid trade is to be driven or carried on, 
 in fuch manner as men of the faid trade ufe or ought to do ; 
 
 of 
 
Covenant:, 
 
 29 
 
 of which fai'd books the faid parties to thefe prefents, and 
 either of thtm, their refpedlive executors or adminftrators, 
 (hall freely at all times, as well during the continuanca, as 
 after the expiration of the copartnerfhip aforeiaid, have the 
 fight and perulal, when and as often as it fhall be defired, 
 and (hall have liberty to tranfcribe and copy out all or any 
 ■part thereof, without any let, hindrance or denial : And alfo 
 that all bonds, bills, notes, fptcialties, and fecurities for mo- 
 ney whatfoever, at any time to be made or taken for any 
 matter or thing concerning the faid joint ftock or trade, and 
 alfo all other things to be fold, exchanged and delivered 
 out of the faid joint ftock or trade, fhall be made and 
 taken in the names of the faid A. B. and C. D. and for 
 their joint and equal ufe and benefit ; and alfo, that no 
 more than a week (hall be taken out of the faid joint 
 ftock by cither ef the faid parties to thefe prefents, ualiV 
 notice be given to the other of them ; and that each of the' 
 faid parties lhall receive equally at the fame time out o£ 
 the faid joint ftock, and not the one more than the other 
 of them, except only money to be, and which fhall be 
 neceirarily, laid out in the faid ftock and trade, for the 
 fupport of the f a d copartnerlhip : And alfo, that all fum 
 and fums of money to be taken out as aforefaid, either to 
 be divided or ufed in trade, fhall from time to time be en- 
 tered into the faid book or books, fo to be kept as afore- 
 faid : And alfo that no apprentice or fervant fiiall be taken 
 during the continuance of the laid partneifhip, but by and 
 wiih the joint confent of the faid parties to thtfe prefents : 
 And alfo, if any book or books, money, goods or other 
 things in copartnerlhip, (hali be embezzled, purloined or 
 fpoiled by the apprentice or apprentices, or other agent or 
 fervant of the faid parties to thcfs prefents, during the faid 
 copartnerlhip, then and in fuch cafes, the lofs and damage 
 thereby happening fhall be equally borne and fuftairied by 
 the faid parties to thefe prefents : And alfo, that neither of 
 the faid parties (hall at any time fell or deliver out upon 
 truft, and without ready money, to any perfon whatfoever, 
 any part of the faid joint trade aad ftock, to above the 
 value of unlefs upon notice given to the other party to 
 thefe prefents, and his confent thereunto firft had and ob- 
 tained ; 
 
Covenants 
 
 tained ; neither (tiall eit}«er of them \er\6 any money abof« 
 tlie value of out of the faid joint (lock, without fuch 
 confent as aforefaid : but if goods of above value (hall 
 be trufted, or money lent contrary hereunto, the fame fhall 
 be fuftaincd or made good by him fo trailing or lending th« 
 fame, and not by the faid joint (lock ! And alfo, that nei- 
 ther of the parties to thefe prefents, (hall without the confent 
 of the other of them, rcieafe or difcharge any debt, duty, 
 fum or fums of money, or other things, which (hall be due, 
 owing ot belonging to the fdid joint account, or any part 
 thereof, or any fecurities givtn for the fame, but only fuch 
 and fo much as (hall be aftnally received and brought intcJ 
 the faid joint Hock ; nor (hall compound or agree to accept 
 part for the whole of any debt, duty or fum of money, to 
 ihem upon the account aforefaid jointly owing or payable, 
 .vjthout the confent or approbation of the other of theni 
 thertunto [in writing] firft had and obtained : And alfo, 
 ♦l)at neither of the faid parties to thtfe prefcnts (hall at 
 any time during the faid copartneilhip, and before a final 
 partition be made between them, become bound or be bail 
 or furety for, with or to any perfon or perfons whatfoever, 
 tithcr by bond, bill, judgment, datute, recognisance, proin- 
 Ife, or otherwifc, without the privity or confent of the other 
 of them, thereunto [in writing] (irft had and obtained ; and 
 that there fliall not be any new tranflation of any book or 
 copy to the ufe of the faid joint dock, nor any printer, fta- 
 tioner or bookbinder be employed in any thing relating 
 to the faid joint (lock, without the confent of both the 
 parties to thefe prcfents : And alfo that the faid /4.B. and 
 C, D. (hall and will, once in every year, during the faid ca- 
 partner(hip, on the or within twenty days after, or 
 
 •ftner, at the requeft of either of them to that purpofe, join 
 with the other of them, and perform and do whatever to hina 
 belongeth, or in him iieth, for the making up and pa(ring of a 
 new, plain and perfect account and reckoning between thenr, 
 efand concerning all their buyings, fellings, exchanges, print- 
 ing, trading and dealings for, upon ot by reafon of the faid 
 joint trade, and relating to the faid copartnerQiip, and of all 
 and every fuch ftock, ready money and things as concern or 
 lhall b« cnployed ia ot about the fame ; and of the gHins, 
 
 profits 
 
Covenanis. 
 
 »3« 
 
 profits and tncieaie thereof, and alfo of the charges, damages 
 and expcnfes happening or accruing thereby ; and likewife, of 
 all debts owing or payable by the faid patties for, upon or in 
 rcfpeft of the faid joint trade and dealing ; to ihe intent, that 
 it mav appear how and in what ftate and condition they ftand, 
 in reference to the faid copartnetfhip and joint flock ; and 
 upon the finiftiiog and perfedling every fuch account, the fame 
 frail be fairly written into two feveral books for that purpofe 
 to be provided, both of which faid books fliall be fubfctibed 
 by both the faid A. B. and C. D. and one of thera fo fubfcrib- 
 ed lhall remain with the (aid A, B. and the other of them 
 with the faid C. D. which faid accounts fo pafTed and fub- 
 fcribed (hall not be called into queftion, or be in any wife con- 
 troverted, unlefs fome manifeft error or miftake (hall plainly 
 appear to have therein efcaped their notice, and that the fame 
 iprror (hall be difcovered in the life time of both the faid par» 
 ties, and not otherwifc. Prowded always neverihelefs, and 
 it is exprefsly covenanted, concluded and agreed by and be- 
 tween the faid parties to thefe prefents, and the true intent 
 and meaning of the faid parties hereunto is hereby declared 
 to be, that if either of the faid parties Hiall die, during the 
 continuance of the faid copartncr(hip, yet neverthelefs no be- 
 nefit of furvivor(hip lhall accrue unto, or be had or taken by 
 the furvivor of them, in any wife whatfocver ; any law, ufagc 
 or cuftom, or any thing herein before contained, to the con- 
 trary thereof notwithftanding. But the one moiety of the 
 ready money, (lock and e(l^edts of the faid copartner(hip, and 
 the proceeds thereof, (hall come and be to the execuiors ot 
 adminiltrators of fuch dying perfon, or fuch other perfon or 
 pcrfonsas he (hall otherwife difpofe thereof to, and the other 
 pioiety thereof to the furvivor. And it is further covenaiued, 
 granted, concluded and agreed upon, by and between the faid 
 parties to thefe prefents, that if any debts fuall be owing by 
 the copartners upon the faid joint accounts, fuch furviving 
 partner (hall, out of the ready money, or if there be not ready 
 money, then as foon as money (hall come in and become due, 
 faiikly and pay the fame : And after all the debts (ball be 
 paid, then fuch furvivor (hall forthwith pay fo much money, 
 as the part, (hare, or dividend of the goods of fuch deceafed 
 partner (hall amount unto, upon a valuation to be made of the 
 ftock, by two indifferent inen of the faid trade : the one to 
 be chofen b/ the fuiyivor, and the other by the perfon who 
 
132 Covenantt. 
 
 fliall have a right to the deceafed's fliare, and (hall alfo ac» 
 count for and pay one moiety of all the debts due to theco- 
 partnerfliip, which he (hall receive (he being firft allowed kis 
 charges and expcnces in and about the getting in thereof :) 
 jind it is hereby further covenanted and agreed, by and 
 between the faid parties to thefe prefents, that within one 
 month next after the end or determination of the faid 
 copartncrfliip, if both the faid parties (hall be living, a 
 final account, partition and divilion (hall be made and 
 paffcd by and between the faid copartners, for and concern- 
 ing all fuch goods, monies and things, which (hall be the-n 
 due, owing and b'-longing unio tlie faid joint (lock and 
 trade, or to the faid parties to thefe p efents, in refpeft 
 thereof ; and alfo of and for all fuch debts, dues or fums 
 of money as by reaibn of the faid joint trade (hall be con- 
 tradted, and be by them owing to any pcrfon or perfons; 
 and likewife of and for all the gains and increafe, damages 
 and loffes happening or accruing by, through, or in refped^ 
 of the faid joint trade or copartnerfiiip, fo that the (lat? 
 thereof may appear, and how much thereof (hall belong to 
 each party; and then after all dibts and fums of money ; 
 owing on the account, or by virtue of the faid copartnerr > 
 fliip, (hall be difcharged and paid (and not before) the faid 
 yi. B- his executors, adminiftrators or afligns, (hall have 
 and take to his and their owa proper ufe and ufcs, one moie- : 
 ty (the whole into two equal parts to be divided) of all t 
 the money, goods and things then in ftock between them ; 
 and the faid C. D. his executors, adminiftrators or afr 
 figns, (hall likewife then have and take to bis and their 1 
 own proper ufe or ufes, the other moiety of the money p 
 and the goods and things then in the (lock between ii 
 them : and it is further covenanted and agreed, that in 
 cafe, at the end of the faid copartner(hip, the money and 
 ftock (hall not be fu(ficient to clear and difcharge all the 
 debts owing upon the account of th- faid copartner(hip, that ii 
 then each of the faid parties to tlicfe preftnts, his executors 
 or adminidratorE, fliall pay one moiety thereof: And the, 
 faid A. B. doth hereby covenant, grant and agree, to and 
 with the faid C. D. his executors admindrators and afligns, 
 that he the faid ^. B. his executors or adminiftrators, (hall 
 
 and 
 
Covenants. 
 
 133 
 
 and will well and truly pay or caufe to be paid one moiety 
 thereof, and fave and keep harmltfs the faid C. D. his ex- 
 ecutors and adminittrators, of and from the fame : and the 
 faid C. JJ. doth hereby covenant, proraile, grant and agree, 
 to and with the faid /f. 5. his executors and adnniniftrators, 
 that he the faid C. D. his executors or adminiftrators, (hall 
 at.d will pay, or caufe to be paid the other moiety thereof, 
 and alfo fave dnd keep harmlefs the faid //. B- his execu- 
 tors and adaiiniftrators, of and from the fame ; and it is 
 further agreed, that the copies or books or either of the 
 faid parties to thefe prefents, which fiiall be printed during 
 the continuance of the faid copartnerfhip, (hall be for the 
 benefit of U)e faid joint ftock, and be brought thereinto; 
 and in cafe the faid parties to thefe prefents fliall not agree 
 to tUe number of what fhail be printed, or the prices to be 
 fold at, or to any other matter relating thertunto, that 
 then the fame (hall be determined by £! F. and G. H. gen- 
 tlemen and ftationeisof who are hereby authorifed to de- 
 termine tht fame, and their determination is hereby agreed 
 *o be conclulive to the faid parties to thefe prefents, and 
 each of them flirillbe compelled to perform the fame byarule 
 of court of at purfuant to the fcatute in that cafe made 
 and provided : Andlajl^y, it is covenanted, and agreed by and 
 between ihefaid parties to thefe prefents, in manner af jrefaid, 
 that if any doubt, quellion or controverfy (hall arife be- 
 tween the faid parties, for, about or concerning this prefent 
 indenture of copartnerfhip, or any claufe, provifo or agree- 
 ment herein comprifed or contained, or any defet\ or want 
 of explanation, or any matter or thing relating to thisco- 
 partneifliip, then and as often as any fucli doubt, controver- 
 fy or difference fhall arife or happen, the fame fliall be re- 
 ferred to the determination of the faid E. F and G. H. 
 (if they rtiall be then living :) And in cafe of the death of 
 either of them, then to two indifftrcnr peri'ons to be nomina- 
 ted and chofen from time to time ry the faid parties to thefe 
 prefents, within ten days a ter fuch controv-.rfy fhall arife 
 or happen (cjcli of the laid parties tochoofe one) 01 tlfeby 
 an umpire, to be nominated by the perfons fo chofen, in 
 cafe the faid perfons canni/t a;^rec and comoofu- the fame; 
 and that each of the faid parties to thefe pr.efcnts, and their 
 M refpedive 
 
»34 
 
 Covenant. 
 
 refpeftive executors and adminiftrators, fhall ftand to, abide, 
 peiforrn ai)d keep fuch order and deternninatioii therein, ai 
 the faid E. F. and G. H. or the faid indifferent perfons to 
 be chofcn as aforefaid, or the faid propire fo to be chofen as 
 aforefaid, fhall make and give up ; fo as fiich order, judg- 
 ment and determination of the faid E. F. and G. H. or of 
 two fuch indifferent perfons, or umpire as aforelaid, of or 
 concerning the preniifes, be from time to time made and fet 
 down in wiiting, under the hands and feals of the faid E. F. 
 and G. H. or of the faid two indifferent perfons. or of the 
 faid umpire, within ten days next after futh d ;ubt, qucftiou 
 or controverfy (liall be referred to them or him as af )refaid, 
 which faid determination is hertby agreed to be concliifive 
 to the faid paities to ihefe prefents, and c;ich of them fliallbe 
 aompelled to perform the fame by rule of c.;urt of at 
 puifuant to the faid ftatute in that cafe made. 
 In 'witnefs, &c. 
 
 A Charter Party of Ajjlgnment. 
 
 THIS Charier Pwly, indented, made, concluded and 
 agreed upon, the day of in the year of 
 
 our Lord between /I. B. of mafter and owner of 
 the fhip or veffel called of the burden of of the one 
 part, and C. D, of of the other part, witiitffeih, that the 
 faid /I. B. for the confideration herein after mentionedi 
 hath granted and to freight letten, and by thefe prefenti 
 dothgvMil and »o freight let, unto the faid C. D. his execu- 
 tors, adminiflrators and affigns, the whole tonnage of the 
 hold, (tern, fhcets, and half deck of the faid fhip or veffel, 
 from the port of to the port of in a voyage to be 
 
 made with the faid fhip in the manner following (that is to 
 fay) tlie f id J. B. is to fail with the firft fair wind and 
 weather that flrall happen, next after the day of or 
 before the day of next, from the faid port of 
 with the goods and merchandizes of the laid C. his fadlori 
 pr affigns. on board to aforefaid, there to be delivered 
 and difcharged of her faid cargo, within fifteen days next af. 
 ter her arrival to the end of the faid voyage : In confideration 
 Wjiereof, the faid C, /). for himfelf, his heirs, executors an(| 
 
 adminillratorsi 
 
Go^endntt. 
 
 ficjmtn!(lrators,doth covenant, promife and agree, to and with 
 
 tli: faid /i. B. his executors, adrainiftrators and alligns, and 
 every of them by thefe prefents, that he the faid C. D. his 
 executors, adminiftrators, faftors or affigns, fliall and will well 
 and truly pay, or caufe to be paid, unto the faid A. 5. his 
 executors, adminiftrators and affigns, for the freight of the 
 faid fhip or goods, the fum of [Or thus, 20 dolls, a 
 
 ton, for loading or unloading and taking in goods at 
 and porlsj within one and twenty days after the faid 
 
 fliip's arrival, and goods difchatged at aforefaid, for 
 
 the end of the voyage j and alfo fliall and will pay for de- 
 murrage, if any (hall be by the default of him the faid C. D. 
 liis factors or afligns, the fum of tvifo dollars a day, daily and 
 every day, as the fame (hall grow due ; and the faid A. B, 
 for himfelf, his heirs, executors and adminiftrators, doth 
 covenant, promife, grant and agree, to and with the faid 
 C. D. his executors, adminiftrators and afligns, and every o£ 
 • ^rn, by thefe prefents, that the faid ftiip or veffel (liall be 
 . dy at the faid port of at key, to take ia 
 
 goods, by the faid day of next coming ; and 
 
 within t«n daya after the faid (hip (hall be ready at the faid 
 key as aforefaid, the faid C. D. doth grant, promife and a- 
 gree to have his goods ready and put on board the faid fliip, 
 in order that fhe may proceed on lier faid voyage. And the 
 faid A. B. doth alfo covenant, promife, grant and agree, to 
 and with the faid C. D. his executors, adminiftrators and 
 affigns, that the faid (liip or vcflcl now is, and at all times 
 during the faid voyage (hall be, to the beft endeavor of the 
 fa:d A. B. his executors and adminiftrators, at his and their 
 own proper coits and charges, in all things made and kept 
 ftiff, ftaunch and ftroijg, and well furniftied and provided as 
 well with men and mariners fufficient and able to fail, guide, 
 and govern the faid (lilp, as with all manner of rigging, boats, 
 tackle, apparel, furniture, provifion and appurtenances fit- 
 ting and necelTary for the faid men and mariners, and for the 
 faid (hip, during the voyage aforefaid. In wllnefs, &c. 
 
 A Letter of Licence to a Debtor. 
 
 TO al! to whom thefe prefents (hall come, we E. F. of 
 G. //, of \^Here name the feveral other crediiors'^ 
 
 whofc 
 
136 
 
 Covenants. 
 
 whofc names are under written, and fealsaffixed, creditori of 
 ji.B. now or late of fend greeting. Wherea» the faid 
 A. B. on the day of the date hereof, is indebted unto us the 
 faid ct editors in divers fums of money, which by reafon of 
 great lofTts and misfortunes he is not at prtfent able to pay 
 and fatisfy without refpite of time to be gi^en him for that 
 purpofe : Know ye therefore, that we the faid creditors, 
 and every of us, do by thefe prefents fcveially give and grant 
 unto the faid A. B. free licence, liberty and leave, and our 
 fure and fafe condudt to come, go, and refort unto us and 
 every of us, his faid creditors, to compound and take order 
 with us, and every one of us, for our and every of our faid 
 debts ; and alfo go about his other bufintfs and affairs at his 
 free will and pleafure from the day of the date hereof, unto 
 the full end and term of next enfuing, without any let, 
 fuit, trouble, arreft, attachm'ent or othei diiturbanc« whatfo- 
 ever, to be offered or done unto him the faid A. B. his 
 wa-res, goods, money or mercliandizts whatfocver, by us, or 
 any of us, or by the executui s, adminlftralors, partners or 
 afiigns of us or any of us, or by our or any of our means or 
 procurement : And we the faid creditors feverally and rc- 
 fpedlivcly, each for himfelf, hisexecutots and adminiftra- 
 tors, doth feverally and apart, and not joii.tly, covenant, 
 grant and agree, to and with the faid A. B. his CKecutors 
 and adminiftraiors, and eveiy of them by thefe prefents, 
 that if any trouble, vexation, wrong, damage o<' hindrance, 
 fliali be done unto him the faid A. B, either in his body, 
 goods or chattels, within the faid term of from the date 
 of theft prefents, by us, or any of us, contrary to the tenor 
 and efftdt of this our licence, that then he the faid A. B. hia 
 executors and adminilhalors, fnall be acquitted and difchar- 
 ged towards and againft him and them, of us, his and their 
 executors, adminiftrators, partners and affigns, and every ef 
 them, by «hom and by whofc means he rtiall be vexed, ar- 
 reftfd, troubled, imprifoned, attached, grieved or damnifi- 
 ed, of all manner of aftious, fuits, quarrels, debts, dues and 
 demands, either in law or equity v.hatfoever, from the be- 
 ginning of the world to the day of the date of thefe pre- 
 fents : Provided always neverthelefs, and it is the true in- 
 tsi.t and meaning of thefe prefents, and of the faid parties 
 
 hereunto 
 
Covtnant!. 
 
 hereunto, that if all the faid parties (hall not fubfcribe and 
 feal thefe prefcnts, then and in fuch cafe, the liberty and li- 
 cence hereby given and granted, and every claufc, covenant, 
 matter and thing therein contained, fhall ccafeand be utter- 
 ly void to all intents and purpofea ; any thing herein before 
 contained to the contrary theri-of in any wife notwilhftand- 
 ing. Inivitneft, l^c. 
 
 A Compojition vclth Creditors. 
 
 TO all to whom thefe prefcnts fhall come, we whofe 
 na:nc.<sare here under written, and feals affixed, creditors 
 oiA.B.oi fend greeting. Whereas the faid ^. ^. doth 
 juftly owe, and is indebted unto us, his faid feveral creditors, 
 in divers fums of money ; but by reafon of many loffes, 
 great hindrances and other damages happened unto the faid 
 A. D. he is become utterly unable to pay and fatisfy us our 
 Xull debts, with fuch goods, wares and merchandizes which 
 he had), which we the faid creditors are unwilling to ac- 
 cept of, or any wife to intermeddle with the fame ; and 
 therefore we the faid creditors have refolved and agreed to 
 undergo a certain lofs, and to accept of live fhillings for 
 every pound owing by the fjid A. B, to us the feveral and 
 refpetlive creditors aforefaid, to be paid in full fatisfadioa 
 and difcharge of our feveral and refpeftivc debts : Now 
 know ye, that we the faid creditors of the faid A. B. do 
 for ourfelves feveraliy and refpedlively , and for our feveral 
 and refpeftivc heirs, executors and atlminiilrators, covenant, 
 promife, compound and agree, to and with the faid A. B. 
 his executors and adminiftrators, and to and with every of 
 them by thefe preftnts, that we the faid feveral and re- 
 fpeftive creditors, our feveral and refpedtive heirs, ex- 
 ecutors, adminillralors and afTigns, fliall and will accept* 
 receive, and take of and from the faid A. B. his execu- 
 tfors and adminiftralors, for each and every pound that 
 the faid A. B. doth owe and is indebved to us the faid fev- 
 eral and refpeftivc creditors, the fum of five fhillings, in 
 full difchargc and fatisfaftion of the feveral debts and fiima 
 •f money that the faid A. B. dotb owe and (land indebted 
 M 2 unto 
 
138 
 
 Covenants. 
 
 uicto H8 the faJd creditors refpcdively ; fo that the favd 
 fum of five fliillings, to be paid for each and every pound 
 that the faid /}. B. doth owe and ftandeth indebted unto u> 
 the faid feveral and rcfpeftive creditors, be paid unto us 
 the faid feveral and refpeftive creditors, our feveral and re- 
 fpeflive executors, admiiiiftrators or afligns, within the 
 time or fpace of fix months next after the date of ihefe pre- 
 fents : And we the faid fcvei aland refpeftive crcditois,do fev. 
 eraliy and relpeftively , for ourfelves, our feveral and refpeft. 
 ive heirs, executors, adminiftrators and afligns, covenant,grant 
 promife nnd agree, to and with the faid B. his executors, 
 and adminiftrators, that he the faid j4. B. his executors, 
 adminillrators and afligns, (hall and may from time to time, 
 and at all times within the faid term or fpace of fix month} 
 next enfuing the date hereof, aflign, fell, or otherwife difpofc 
 of his faid goods and chattels, wares and merchandizes, at his 
 and their own free wIJl and pleafure, for and towards the 
 payment and fatisfaflion of the faid five fliillings for every 
 pound the faid y1. B. doth owe and is indebted as aforefaid, 
 unto lis the faid refpcflive creditors; and that neither wc the 
 faid feveral and rtfpeftive creditors, or any of us, nor the 
 executors, adminiftrators or afTigns of us or any of ua, fliall 
 or will, at any time or times hcreafier, fue, arreft, moleft, 
 troub!«, imprifon, attach or condemn the faid y1. B. hfj 
 executors or adminiftrators, or his or their goods and chat- 
 tels, for any debt or other thing now due and owing 10 ut 
 or any of us his refpeftive creditors aforefaid ; fo as the 
 faid /I. B. his executors or adminiftrators, do well and tru- 
 ly pay, or caufe to be paid unto us his faid feveral and re- 
 fpedtive creditors, the f;iid fum of five {hillings for every 
 pound he doth owe and ftandeth indebted unto us refpcdt- 
 ively, within the faid time or fpace of fix months next cb- 
 fuing the date hereof. In witnefs, &c. 
 
 A Marriage Settlement. 
 
 THIS Indenture of three parti, made between A. B. 
 of of the firft part, C. D. of and E. F. of 
 ef the fecond part, and M, D. of daughter of the 
 
 faid 
 
Covenanls. 
 
 '39 
 
 i-feid C. D. of the third part, witnefTeth, that for and in 
 
 ; confideration of a marriage intended (by God's permiflion) 
 to be (hortly had and folemnized between the faid A. B. 
 and the faid iW.D. and of the fum of of lawful money of 
 to be had and received by the faid A. B, as a marriage 
 portion with the faid M. D. and for that a competent join- 
 
 ■ ture may be had, made and provided for the laid M. D. 
 (in cafe the faid marriage (hall take effed) and for the fet- 
 
 . tling and affuring the meffuages, linds, tenements and 
 hereditaments herein after mentioned, to and for the fsveral 
 ufes, intents and purpofes hereafter limited and declared, 
 purfuant to the agreement made upon the contrad\ of the 
 faid intended marriage, he the faid A. B. hath granted, 
 bargained, fold, aliened, releafed and coiihrmed, and by 
 thefe prefcnts doth grant, &c. ,unto the faid C. D. and 
 E. F. (in their actual poffeffion, &c.) \^Here go on as in 
 the conveyance by rtkafe^ their heiis and alTigns, all thofe 
 meffaages, &c. \_Htre dcjcribe the premifes, and afterwards 
 add the ufual general claufes f»Uetutng them, 'which fee In the 
 releafe.~\ To have and to hold the faid meffuages, &g. 
 hereditaments and premifes above granted, releafed and 
 confirmed, and every part and parcel thereof, wiih the 
 appurienances, unto the laid C. D. and E. F. their heirs 
 and afligns, to and for the fsveral ufes, intents and purpo- 
 fes herein after mentioned, limited, expieiTed and declared 
 (that is to fay) to the ufe and behoof of the faid A. B. 
 and his heirs, until the faid marria^je between him and the 
 faid M.D. his intended wife, fhall be had and folemnized ; 
 and from and after the foiemnization thereof, to the ufe and 
 behoof of the faid A. B. and his afligns, for and during 
 the term of his natural life, without impeachment of wafte ; 
 and from and after the determination of that eftate, to the 
 ufe and behoof of the faid C. D. and E. F. and their 
 heirs, for and during the n^aiural life of the faid A. B. in 
 truft to preferve and fupport the contingent remainders 
 herein after limited from being dcfea:ed and deflroyed ; and 
 for that purpofe to make entries, and bring aflions, as the 
 cafe (hall require : yet neverthelefs in truft to pevnwt and 
 fuffcr the faid A. B. and his affigns, to receive and take the 
 rents, ifTuet and profits thereof, to^is and their own pro- 
 per 
 
14® 
 
 Covenants. 
 
 per ufe and benefit, during hi« natural life : And from 
 and after the dtceafe of him the faid ^. B. to the ufe and 
 behoof of the faid M. D. his faid intended wife, and her 
 afligns, for and during the term of her natural life, for her 
 jointure, and in full fatisfadlion of her dower or thirds 
 which (he nnay claim to have in any lands, tenements or 
 hereditament*, whereof or wherein he the faid A. B. fhall 
 at any time during his life be feizod of any tftate of inher- 
 itance ; and from and after the dectafe of the faid A. B. 
 and M. D. his faid intended wife, and the furvivor of them, 
 to the ufe and behoof of the htirs male of the body of the 
 f.iid M. D. by the faid .4. B. her intended hufband, law- 
 fully to be begotten ; and for want of fuch ilTue, to the 
 ufe and behoof of the faid C. D. and E. F. their execu- 
 tors, adminillrators and affigns, for and during the term of 
 five hundred years thence next (ollowing, and fully to be 
 ccmplete and ended, without impeachment of or for any 
 nanncr of wafte, upv)n the trulls, and to and for the fever- 
 al ufes, intents and purpofes herein after declared of and 
 concerning the fame term. — And from and after the expi- 
 ration, or ether fooncr determination of the faid term of 
 ive Irundred years, to the ufe and behoof of the faid ^. B. 
 Vii heir* and alTigns for ever. Provided always, and it is 
 hereby declared, covenanted and agreed, by and between 
 the faid parties to thefe prefents, that the faid terra of five 
 Lundred years, fo limited to them the faid C. D- and E. Fm 
 their executors, adminiltrators and alngns. as aforefaid, is 
 upon this condition, that if the faid A B fhell happen to 
 die without iffue male by him begotten on tiie body of the 
 faid M. D- his faid intended wife, or fhall leave iflue male, 
 and fuch iffue male fhall happen to die btfoie he (ball at- 
 tain the age of twenty-one years, without iffue male ; and 
 that if in either of the faid cafes there fliati happen to 
 be one or more daughter or daughters of their bodies 
 begotten, that then and in fuch cafe, if he the faid A. B. 
 bis heirs and alBgns, do and fliall well and truly pay, 
 cr caufe to be paid to fuch daughter or daughters rcfpeil- 
 ively, at her and their refpeflive ages of twenty-one years, 
 erdays of marriage, which fliall iarft happen, the feveral 
 porlioQS following, that is to fay : if it fhall happen there 
 
 (hall 
 
Covenantt. 
 
 141 
 
 fiiall be but one daughter, then the fum of only, for 
 the portion of fuch daughter, to be paid her at her faicl age 
 of twenty-one years, or day of marriage, which fliall firll 
 happen, with interell therefor in the mean time, after the 
 rate of 5 dolls, per centum, per annum : and if any fuch daugh- 
 ter or daughters (ball happen to die unmarried, before her or 
 their portion or portions (hall become payable, as aforefaid, 
 then the portion or porlionsof her or them 10 dying, (hall go 
 and be paid to the furvivor or fuivivorsof them, tqua ly to 
 be divided amongft them, (hare and (hare alike (10 be paid 
 at the fame time as the original portions (hould or ought to 
 become payable, a$ aforefaid, in cafe they had b?en living) 
 fo as no one fuch daughter frail have for hi r portion, by 
 furvivor(hip, orotherwife, by virtue of the faid te.m of five 
 hundred years, above the fum of and in cafe there (hall 
 be no fuch daughter, who Hiall live to be married, or attain 
 the faid age of twenty-one years, that tlien and in either of 
 thefaid cafes fo happening, the fame term fliall ceafe, deter- 
 mine, be null and void, any thing herein contained to the 
 contrary thereof in any wife notwith'Aanding. And the 
 faid A. B. for himfelf, his heirs, executors and adminiftra- 
 tors, doih covenant, grant, promile and agree, to and with 
 the faid C D. and E. F. their heirs and alTigns, and every 
 of them, by tlicfe prefents, that the faid meffuages, &c. he- 
 reditaments and premifts, with the appurtenances above re- 
 leafed and confirmed, as aforelaid, (hall and may from 
 henceforth and forevcrhercafter, be, remain and continue to 
 and for, and upon the fcveral ufes, trulls, intf nts an i purpo- 
 fes, and under and fubjcdl to the fevtral limitations and 
 agreements aforefaid, according to the true intent and 
 meaning of thci'e prefents : And further, that he the faid 
 y^. B. his heirs, ^c. [ Here tnfert a covenant for further af 
 furance, at before in the conveyance by re!edfe.'\ Provided alfo, 
 and it is hereby declared, covenanted and agreed upon, by 
 and between all and every the faid parties to thefe prefents, 
 that it (hall and may be lawful to and for him the faid A. B, 
 during his life, and after his death, for the faid M. D. his 
 intended wife, duiing htr life, in cafe the faid intended 
 inariiage (hall take tffeft, by any writing or writings under 
 hit or her hand and fcal rcfpeftivcly, atteflcd by two or 
 
 more 
 
142 
 
 Covenants, 
 
 more credible witnePTes, and not ollierwifc, to make any 
 leafe or Icafes, dcmife or grant of all or any part or parti 
 of the faid mefftiages, &c. to any peifon or perfons whom- 
 foever, for the term of twenty-one years, or for any other 
 term or numbers of years, not exceeding twenty years, fo 
 as fuch leafe or leafes, demife or grant for years be made to 
 commence and take efFe£l in polTciTion, within one year after 
 the date thereof; and fo as upon all and every fuch leafe or 
 leafes, demifes or grants for years to be made by the faid 
 A. B and M.D. his faid intended wife, refpecJHvely, there 
 be lefervtd payable yearly, during the continuance there- 
 of, the bed and molt improved yearly rents, which at the 
 time of making thereof can or may be gotten for the fame : 
 and fo as in every fuch leafe there be contained a claufc of 
 re-entry for non-payment of the rent or rents thereby to be 
 referved ; and (b as the leflee or leffees, to whom fuch leafe 
 or lea-fes fhall be made, do fcal and deliver counterparts of 
 fuch leafe or leafes ; any thing herein contained to the con« 
 trary hereof notwithftanding. 
 In ivitnefs, isfc. 
 
 Separation between a Man and his Wife. 
 
 THIS Indenture of three parts, made between 
 G. G. of of the firft part, J. his wife, of the fecond 
 part, and B. (a truflee) of the third part. [Whereas, &c. 
 (here Infert recital of the JettJcnunt before marriage if any fuch 
 marriage feltltment tLere be J and] whereas fome unhappy 
 differences have lately arifen between the faid G. G. and 
 the faid yi. his wife, and they have mutually agreed to 
 live feparate and apart from each ; and previous to fuch 
 reparation, lie the faid G. G. hath confentcd thereto, and 
 alfo propofed and agreed that he, out of his own proper 
 monies, would allow and pay to the faid//. his wife, during 
 the term of her natural life, for her better fupport and main- 
 tenance (over and above the provifion made and fettled upon 
 her the faid /J. for her feparate ufe by the above recited in- 
 denture, one annuity or yearly fum of loo dolls, clear of all 
 taxes, charges, and dcdu6\ions whaifoever, payable to her in 
 fuch manner as herein after is mentioned, fubjtdl ncvcrihelef* 
 
 to 
 
Covenants. 
 
 MS 
 
 to the provifo herein after contained, touching the paynnent 
 r.f the faid annuity.) And alfo, that in cafe the faid /f, 
 l.is wife fiiouk! die before him the faid G. G. that then the 
 faid G. G. Ihould pay to her executors the fiim of lo dolls, 
 towards hir iunei al charges ; and that the faid G. G, would 
 hereby ratify and confirm the herein before recited fettle- 
 meiit in fuch mannei- as hereafter is mentioned : Now this 
 indintur: lu'ttnejfcth, thai the faid G. G. in purfuance of his 
 aforefaid propufal and atcrt-enient, doth hereby for hitnfclf, 
 his executors, adiriuiflrators, and for every of them, cove- 
 nant, prouiife and agree, to and with the faid B. (the 
 truftec ) nis ejcrcutors, adminiftratO'S and afli j;ns ; and doth 
 alfo agree with the faid /I. his wif-, in manner and form 
 following (that is to fdv) thac it fhall and mav be laa'ful 
 to and for the faid A. his wife, ant', that h the faid G. G. 
 (hall arid will permit and fuffer hsr the faid /i from time 
 to time, and at all limes from henceforth, din ing her natur- 
 al life, to live feparate and apart from him, and to rcTidc 
 and be in fuK:h place and places, and in fuch family and 
 families, and with fuch relations, friends, and other per- 
 fons, and to follow and carry on fuch trade and bulinefs, as 
 flie the faid A. from time to time at her will and pleaiure 
 (notwithftanding her prefcnt covercure, and as if fhe were 
 a feme fole and unmarried) (hall think fit ; and that he the 
 faid G. G. (hall not nor will at any time or times hereafter 
 fiie her the faid A. in the court, or any other court, 
 for living feparate and apart from him ; or eonspcl her to 
 cohabit with him, or to fue, moleft, dillurb or trouble her 
 for fuch living fe|)arate and apart from him, or any other 
 perfon or perfons whomfoevcr, for receiving, harboring, 
 or entertaining her ; nor lhall or will without the confent 
 of the faid A. vilit her, or knowingly come into any houfe 
 or place where (lie fhall or may dwell, rcfide or be ; nor-fend 
 or caufe to be fent any letter or mcffage to her ; nor fliall 
 or will at any time hereafter claim or demand any of the 
 monies, rings, jew>-l8, plate, cloths, linen, woollen, houfe- 
 hold goods, or Itock in trade, which fhe the faid A. noiT 
 bach in her cuftody, power or poffcffion, or which (lie fhall 
 or may at any time hereafter, buy or purchafe, or which 
 ihall bs de?i'fed or given to her, or lljall otherwife acq iire ; 
 
 and 
 
144 
 
 Covenants, 
 
 and that fhe fhall and may enjoy and abfolotely difpofe of 
 the fame, rs if (He were a feme fole and unmarried. And 
 further, thai he the f lid G. G. his executors or adminiftra- 
 •tors, or fome or one of them, (hall and will well and truly 
 pay, or caufe to be paid, unto the faid /4. his wife, or her 
 affigns, durinp the term of her natural life, for and towards 
 her better fupport and maintenance, one annuity or year- 
 iy fura of of lawful money of free and clear of all 
 taxes, chargea and dtdudions whatfoever ; the faid annuity 
 or yearly fam of to be paid and payable to her the faid 
 ii. and her alfigna, during her natural life, at or upon 
 or within ten days next after each of the faid days, 
 by four equal parts ; the firft quarterly payment thereof to 
 begin and be made on next, or within day? then 
 
 next following, la confidtratfon of which faid ico dolls, 
 fer. ann. fo hereby made payable to her the faid yi. in 
 manner as afortfaid, anrf of the provifion fo made for her 
 by the faid recited indenture of fettlement in manner as 
 aforelaid, (he the faid doth hereby a<>ree to accept 
 and take in full fat iffadion for her fupport and maintenance, 
 aad all alimony whatfoever during her coverture. Provid- 
 ed always, and i; is herr,by exprefsly agreed and declared, 
 by and between all the parties hereunto, and the true intent 
 and meaning of them and thefe prefeiits is and are, that ia 
 cafe he the faid G. G. his executors or adminiftrators, fhall 
 at any time hereafter be obliged to, and fhall aAually pay 
 any debt or debts which fhe the faid /I. l)is wife fhall at 
 any time hereafter during her prefcut coverture, contraft 
 ■with any perfon or perfons whatfoever, that then and ia 
 fuch cRfe, it lhall and may be lawful to and for the faid G. G» 
 his executors and adminiftrators, to dedudf, retain and re- 
 imburfe to him and themfelves out of the faid annuity or 
 yearly fura of too dollars fo hereby made payable to hei the 
 faid /I. as aforefaid, all and every (uch (um and fums of 
 money, a!> he or they fhall be obliged to, and (hall fo at\a- 
 ally pay for or on account of fuch dcbi or debts to be by her 
 the fair) A. at any time heteafter fo contracted as aforefaid, 
 together with all cofts, < harges and damages, which he or 
 they fhall or may pay or fuftaiu on account theicof : any 
 tiling herein contained, &c. ^ind ia/iiy, the hid G. G. (ia 
 
 purfuance 
 
Conveyancer, 
 
 »45 
 
 purfuanceand full performance of his faid recited agreement, 
 and divers other good and valuable caufes and coiifider^tions 
 him thereunto efpecially moving) hath and by thefe prefents 
 ^oth abfolutely eftablifh, ratify and confirm as well the faid 
 herein before recited indenture of afBgnment and fettlenient 
 made of the faid perfonal eftate of the faid /I. his wife, and 
 of the faid loo dollars and go'd watch by the faid G. G. 
 indyf. his *'ife, fo thereby refpeftivdy afligned to them the 
 faid G. T. and y. B. (the truftees) as aforefaid : and all 
 and every the feveral trufts, ufes, declarations, conditions, 
 and agreements in the fame indenture mentioned, limited, 
 expreffed and declared of and concerning the fame refpeil- 
 ively. In 'witnefs, SiC. 
 
 Of CONVEYANCES of LANDS by LEASE 
 and RELEASE, FEOFFMENT, 8tc- 
 
 T'HE common conveyance of edates of inheritance here- 
 tofore in ufe, wasaleafe and relcafc. The Icafe, or bar- 
 gain and fale,mu(lbe made for one year, to commence from the 
 day before the date thereof, and muft bear date the day before 
 that of the releafe ; and though both thofe deeds make but 
 ene conveyance in law, are executed at the fame time, yet the 
 bargain and fale mu't be firft executed, a pofTcflion being 
 thereby direftly conveyed to the purchafer or rtleafee ; and 
 by that means livery and fcifin, which was neceffary to be 
 made on the former method of conveying eftatcs, viz. by 
 feoffment, is fully fupplied. 
 
 If a deed of conveyance exprefs a confideration of money, 
 upon a purchafc, this is no proof upon the trial, that the 
 money expreflld was really paid ; but proof muft be 
 made of it by witnelTes, i Styl. Rep. 462. 2 Williams' Rep. 
 295. Wherefore it feems highly neceffary, that the witnelfea 
 to ciie receipt on the back of the deed fhoiild have written, 
 before they come to fubfcribe, to this purpofe, viz. ( IVit- 
 nejfcs to ibe payment of the money ) in cafe they adlually faw 
 ihe money paid. tJee the receipt under title Releafe. 
 
 N A 
 
(Conveyances, 
 
 A Bargain and Sale for a Tear, 
 
 \_Obfolete itt the Jiate of Netv Tork.'] 
 
 THIS Indenture, made the day of in the year of 
 our Lord between A, B. of of the one part, 
 and C. D. of of the other pan, witntffeth, that the faid 
 J. B. for and in confideration of the fum of one dollar of 
 lawful money of to him in hand paid by the faid C. D, 
 at or before the enfealing and delivery of tbefe prefents, the 
 receipt whereof is hereby acknowiedgedj haih granted, bar- 
 gained and fold, and by thefe prefents, doth grant, bargaia 
 and fell unto the faid C. D. his executors, admioiflrators and 
 afiigns, all that meffuagey &c. [^lltre mentioit iht premifes that 
 are to be Jold'\ and the reverfion and reverfions, remain dar 
 and remainders, rents, iifues and profits of all and fingular 
 the faid pieraifes, and every part and parcel thereof, with the 
 appurtenances : T i haw and to hold the faid melTuage, &c.. 
 lands, hereditaments and premifes above granted, bargained 
 and fold, and every part and parcel thereofi with the appur- 
 tenances, unto the faid C. D. his executors, adminiftratcrs and 
 afligns, from the day before the day of the date hereof, for 
 and during, and until the full end and term of one whole year 
 from thenceforth next enfuing, 2nd fully to be complete and 
 ended : Yielding and paying therefor, at the expiration of the 
 faid year, one peppercorn, if the fame fliall be lawfully de- 
 manded ; to the intent, that by virtue of thefe prefents, and 
 by force of the ftatute made for transferring of ufes into pof- 
 feffion, he the faid C. D. may be in the aflual pt-ffeffion of 
 all and fingular the faid premifes above bargained and fold, 
 with ihe appurtenances, and be thereby enabled to take and 
 accept of a grant and releafe of the reverfion and inheritance 
 thereof to him and his heirs, to the only proper ufe and behoof 
 of the faid C. D. his heirs and alngns for ever. \_lf the re^ 
 lenje he to trujlees to ti/es,/aj, and be thereby enabled to take 
 and accept ol a grant and releafe of the reverfion and inheri- 
 tance thereof, to them and their heirs, to, for and upon fuch 
 ufes, intents and purpofes, as in and by the faid grant, or re- 
 leafe fhall be thereof direded oi declared.] In twitne/s, &c, 
 
Conveyances, 
 
 ki Releafe of an EJlate^ or Deed wUh full 
 Covenants. 
 
 THIS indenture, maJe between A. B. of of thd 
 one part, and C. D, of of the other part, witnefi"i;th> 
 that the faid 'J. B. for and in confideration of the fum of 
 of lawful money of to him the fsid A. B. in hand well 
 and tnily paid, at or before the enfcaiing and delivery ot thefe 
 prefents, the receipt ^'hereof he the faid /?. B. do;h hereby 
 acknowledge, and thereof and therefrom, and from every part 
 and parcel thereof doth acquit, releafe, exonerate, and fot 
 ever cifcharge the faid C. D. his heirs, executors and admin- 
 iftrators and every of them, by thefe prel'cnis, hath granted, bar* 
 gaired, fold, aliened, releafed and cor,ftnned, and by thefe pre- 
 ienis, doth grant, bargain, fell, alien, releafe and confirm ur.to 
 the faid C. D. (in his adnal poflellion now being) [by virtue 
 of a bargain and fale to him thereof made, for one v/ho!e year, 
 by indenture, bearing dale the day nt xt before the day of the 
 djte of thefe prefents, and by force of the ftatute made for the 
 transferring of ufes into pofieffion : as the bargain and fale are 
 out of ufe, this recital is now omitted in the releafe] and to 
 his heirs and affigns, all that meffu ijc, &c. together with all 
 houfes, outhoufes, edifices, buildings, orchards, gardens, lards, 
 meadows, commons, paftures and common of palture, feedings, 
 woods, underwoods, ways, paths, waters, vvater-courfes, eafe- 
 ments, profits, commodities, advantages, emoluments and heie- 
 ditaments whatfpevcr, to tbt faid inelTuage, Sec. belonging, 
 or in any wife appertaining, or which to and with the fame 
 now are, or at any times heretofore have been held, ufed, oc- 
 cupied, accepted, reputed, taken or known, as part, parcel ot 
 member thereof, or of any part thereof ; and the revetfion 
 and reverfions, remainder and remainders, rents, ilTues, and 
 profits of all and fingniar the faid premifes, and every part and 
 parcel thereof, with the appurtenances , and altl) all the eftate, 
 right, title, iniereft, property, claim and deinand wh iMoever, 
 in law or equity, of him the faid .4. B. of, in and to all and 
 f.ngular the faid piemifes above mentioned, and of, in and to 
 every part and parcel thereof, with the appurtenances ; [and 
 aifo all deeds, evidences and writings, touching or concern- 
 ing the faid premifes only, or any part thereof, together witti 
 true copies of all other deed.s evidences and writings, which 
 do concern the faid preraifcf, or any part thereof; jointly with 
 
 any 
 
148 
 
 Conveyances. 
 
 any other lands or tenements now in the cuftody or poffefiion 
 of him the faid A. B, or which he can or may get or come 
 by without fuit in law or equity ; the fame copies to be made, 
 taken and written at the proper cofts and charges of the faid 
 C. D. hib heirs and afligns :] To haue and to hold all and An- 
 gular the faid mefl'iiages or tenements, land?, hereditaments 
 and premifes above, in and by thefe prefents, leleafcd and con- 
 firmed, and every part and parcel thereof, with the appurte- 
 nances, unto the faid C. D. his heirs or afligns, to the only 
 proper ufe and behoof of the faid C. D. his heirs and afligns 
 for ever, and to and for no other ufe, intent or purpofe what- 
 foever : 'And the faid A. B. for himfelf, his heirs, executors 
 and adminiftrators,. doth covenant, grant, promife and agree, 
 to and with the faid C. D. his heirs and afligns, that he the 
 faid A.. B. now is the true, lawful and rightful owner of all 
 and lingular tlie faid meffuage, Sec. hereditaments and premi- 
 fes above mentioned, and of every part and parcel thereof, 
 with the appurtenances ; and alfo that he the faid A. B. at 
 the time of tlie enfcaling a"d delivery of thefe prefents, is law- 
 fully and rightfully feized in his own right, of a good, fure, 
 perfeft, abfclute and indefeafible eftate of inheritar.ee, in fee 
 fimple, of and in all and fingular the faid premifes above 
 meniioneci, with the appurtenances, without any manner of 
 condition, mortgage, limitation of ufe or ufes, or other matter, 
 caufe or ihiiig whaifoever, to alter, change, charge or deter- 
 mine the fame ; and alfo that the faid A- B. hath good right, 
 fail power and fufticient auihoriiy in the law, to grant, 
 jeleaie, convey and confirm all and fingular the faid mef- 
 fuage, &>:. hereditaments and premifes above granted and re- 
 leafed, witii the appurtenances, unto the faid C. D. bis heirs 
 and sfTiijnSjto the only proper uft aud behoofofthe faid C. D, 
 his heirs and affigns for ever, according to the true intent and 
 rocaning of thefe prefents ; and alfo that he thi; faid C.D.his 
 heirs and afligns, (hall and may at all times and for ever here- 
 after, peaceably and quietly have, hold, occupy, pofTels an! 
 tnjoy all and fingular the f:iid melTuage, &c. hereditaments 
 and premifes aforefaid, with the appurtc nances, and every 
 pait and parcel thereof, without the lawful let, fuit, trouble, 
 liindi ance, moleftation, interruption, evidtionor dillurbance 
 of him the faid ^. D. his heirs or anigns,or of any other pcr- 
 fon or pcrfons lawfully claiming or to claim, by from or un- 
 der 
 
Conveyanca. 
 
 flfrhlna, them, or any of them ; and that freed and difcharg- 
 ed, or otherwife well and fufficientljr faved, kept harmlefsand 
 indf mniSed, of, from and againft all former and other gifts, 
 grants, leafes, mortgages, jointures, dowers, ufes, wills, 6nes, 
 poft fines, iflues, amerciaments, feizurss, bonds, annuities, wri- 
 tings obligatory, recognizances, extents, judgments, execu- 
 tions, rents and arrearages of rent, and of and from all other 
 charges, rights, titles, troubles and incu.nbrances whatfo- 
 ewer, had, made, committed, done or f jffertd, or to be had, 
 made, committed, done or fuffered by the faid A. B. or his 
 heirs, or any other perfon or perfons lawfully claiming or 
 to claim, by, from or under him, them or any of them. 
 And further, that he the faid ^. B. his lieirs and all and 
 every other perfcn or perfons, and his and their heirs, hav- 
 ing or lawfully claiming ariy eftate, right, title or intereft, 
 of, in or to the faid premifes above in and by thefe prefects 
 releafed and confirmed, or any part thereof, hy, from, cr 
 under him, them or any of them, fhall and will from time 
 to time, and at all times hereafter, upon the reafonable re- 
 qaclt,aiid at the proper coft and charges in the law of the faid 
 C. D. hisheTS or afiigns, make, do, feal and execute, or caufe 
 or procure to be made, dorie, fealed and executed, all and eve- 
 ry fuch further and other law.ful and reafonable adt and adls, 
 thing and things, device and devices, conveyance and con- 
 Tcyances, affura:ice and aiTurances in the I.i\v whaifoever, 
 for the further, better and more perfeft gnnting, convey- 
 jDg, releafing, confirming a.id affuring of all and fmgular the 
 premifes aforefaid, with the appurtenances, and every part 
 and parcel thereof, unto the faid C. D. his heiri and afiigcs, 
 to the only proper ufe and behoof of the faid C. D. his heirs 
 andafCgns for ever, asaforefaid, as by the faid C. D. his heirs 
 or afiigns, or his or their counfel learned in the law /hall 
 be realonably advifed, devifed and required. — And laftly. 
 It is covenanted, granted, concluded and agreed upon, by 
 and between the faid parties ta thefe prefents, and the true 
 intent and meaning hereof alfo is, and it is hereby declared 
 fo to be, that all and every fitK: and fines, recovery and re- 
 coveries, affurauce and affurances, coveyance and convey- 
 ances in the law whalfoever, already had, made, levied, fuf- 
 fcred, executed and acknowledged, or at aoy time hcreaf^ 
 N 2 ter 
 
Conveyances. 
 
 ter to be bad, mpde, levied, fuffered, and acknowledged, by 
 or between the faid parties to ihefe prefciits, or eiiher of 
 them, or by or btlwccu the hciis or affigns of the faid par- 
 ties, or either of them, or any other perfon or perfons whom- 
 foever, of the faid premifes above lekafed and confirmed* 
 as aforefaid with the appurtenances, or any part thereof, 
 either alone or by itfclf, jointly with any other lands, tene- 
 ments or hercdiiamenf!, (hall be and enure, and fliall be 
 adjudged, deemed ami taken to be and enure, as for and 
 concerning all and fingular tlie faid premifes above men- 
 tioned, with the appuitenances, to and for the only proper 
 ufe and behoof of the Uiid C. D. his heirs and affigns for 
 ever, according to the true intent and meaning of ihefc 
 prefents, and to and for no other ufe, intent or purpofc 
 whatfoever. In luitne/s, &c. 
 
 JItrother Rcleafe or Deed with Covenant;. 
 
 [This form !s moft generally Hfed in this date.] 
 
 THIS Indenture, made the day of in the year 
 of our Lord one thoufand between /I. B. of &c. 
 of the firft part, and C. D. of &c. of the fecond part, wit' 
 nejftih, that the faid party of the firft part, for and in con- 
 fidcration of the fum of fix hundred dollars, lawful money 
 of ihe (late of New- York, to him in hand paid, at or be- 
 fore the enfealingand deliveiy of thtfe prefents, by the faid 
 party of the fecond part, the receipt whereof is hereby con- 
 feffed and acknowledged, hath granted, bargained, fold, 
 aliened, remifed, releafed, conveyed, afFured, enfeoffed and 
 confirmed, and by thefe prefents doth grant, bargain, fell, 
 alien, remife, releafe, convey, affure, enfeoff and confirm, 
 fully, freely and abfolutely, unto the faid party of the fecond 
 part, and to his heirs and alfigns for ever, all that dwelling 
 houfe and lot of land, fituatc, lying and being in the city 
 ofAlbar.y, bounded as follows, &c. together with all and 
 fingular the appurtenances, pi ivileges and advantages what- 
 foever, unto the faid above mentioned and dtfcribed premifc« 
 in any wife appertaining or belonging ; and the reverfioa 
 and reveifions, remainder and remainders, rents, iffuts and 
 profits ihtteof; and alfo, all the cftate, light, title, intereft, 
 
 properly, 
 
Conveyances, tj i 
 
 property, claim and demand v/hatfoewer, at well in law a9 In 
 equity, of the faid party of the fini part, of, in and to the 
 fame, or any part or parcel thereof, with the appurtenancej. 
 To have and ta hold the above granted, bargained and dc- 
 fcribed premifes, with the appurtenances, unto the faid par- 
 ty of the fecond part, his heirs and alBgns, for their own 
 proper ufe, benefit and behoof for ever. And the (aid party 
 of the firft part, for himfelf, his heirs, executors and ad- 
 miniltiutors, doth covenant, promife, grant and agree, to 
 and with the faid party of the fccond part, hii heirs and af- 
 figns, that he the faid party of the firll part, at the time of 
 enfcaling and deliveiy of thefe prefents, was lawfully feized 
 in his own right, of, in and to the above defcribed prem- 
 ifes, hereby granted and conveyed, with the appurtenances? 
 as of a good, fure, pcrfedt, abfolute and indefeafible eftatc 
 of in'.ieritance in the law, in fee fimple, without any manner 
 ef condition to alter, change, determine or defeat the fame } 
 and has in hiniftlf good right, full power and lawful autho- 
 rity, to grant, bargain, fell, convey and releafe the above 
 faid defcribed land and premifes, with the appuitenances, 
 unto the faid party of the fecond part, his heirs and afligns, 
 in manner afoiefald : And alfo, that he the faid party of the 
 fecond part, his heiis and afligns, (hall and may, from time 
 to time, and at all times, and for ever hereafter, peaceably 
 and qirictly have, hold, occupy, poffets and enjoy the faid 
 liereby granted and bargained premifes, with the appurte- 
 nances : And alfo, that he the faid party of the firft part, and 
 his heirs, and all and every other peifon or perfons whom- 
 foever, lawfully or equitably deriving any eftate, right, titlei 
 dower, jointure or intereft, of, m or to the herein before 
 granted premifes, by, from, under or in truft for biin and 
 them, fhaU and will, at any time or times hereafter, upon 
 the reafonable requeft of the faid party of the fcCond part, 
 bis heirs oraflij^ns, and at the proper cods and charges in 
 the law of the faid party of the fecond part, his heirs or af- 
 ligns, make, do and execute, orcaufe orprociire to be made, 
 done and executed all and every fuch further and other law- 
 ful and reafonable conveynaces and alTuiances, in the lav^, 
 for the better and more effettually veiling and confirming 
 the premifes hereby intended to be granted, in and to the 
 
 faid 
 
15* 
 
 Conveyaneei. 
 
 (aid party of the fecond part, hii heirs and afligns for ever* 
 as by the fald party of the fecond part, his heirs or afligni, 
 or hie or their counfel, learned in the law, fhall be reafona* 
 bly devifed, adviled or required : And the faid party of the 
 firfi: part, for himfclf, his heirs, executors and admtniilra« 
 tors, doth hereby covenant and agree to and with the faid 
 party of the fecond part, his heirs and afCgns, the above de» 
 fcribed and reltafed prennlfes, in the quiet and peaceable pof» 
 feflion of the faid party of the fecond part, his heirs and af* 
 Cgns, againft all and every perfon or pcrfons, lawfully or 
 equitably claiming or to claim, the whole or any part there* 
 of, will for ever warrant and defend. In witnefs whereof, the 
 faid party of the firil part, hath hereunto fet his hand and 
 fcal, the day and year firft above written. Staled, Sic. 
 
 A ^it-Claim Deed. 
 
 THIS Indenture, n>ade the day of in the year 
 of our Loid one thoufdnd between A. B- of &c. 
 of the fini part, and C. D. of &c. of the fecond part» 
 witHcfftth, that the faid party of the firft part, for and 
 in confideration of the fum of fifty dollars to hitn in hand 
 paid, by the faid party of the fecond part, the receipt 
 whereof is hereby conftflld and acknowledged ; hath 
 bargained, fold, renriiO'd and quit claimed ; and by thefe 
 prefents, doth bargain, fell, remife and quit claim, unto 
 the faid party of the fecond part, (in his aflual pof- 
 fcffion now being) and to his heirs and affigns for ever, all 
 &c. [Here clefcribe the premifes.~\ Together with all and fin- 
 gular the hereditaments and appurtenances thereunto be- 
 longing, or in any wife appertaining ; and the reverfion and 
 reverfions, remainder and rcmoinders, rcnfE, ifTue? and pro- 
 fits thereof ; and aifo all the cllate, right, title, intcieft, claita 
 cr demand whatfoever of him the faid party of the firft part, 
 either inlawor equity of in and to the above bargained prcmi- 
 fes, and every part and parcel thereof, to the laid party of the 
 fecond part, his heirs and afiigns, to tht fole and only proper 
 ufe, benefit and behoof of the faid party of the fecond part, 
 his heirs and afligns for ever, /n witne/s, &:c> 
 
 Releaft 
 
Conveyances. 
 
 '53 
 
 Releafe or Deed of Lands, without Covenants. 
 
 THIS Indenture, made the dav of in the year of 
 our Lord one thcufand eight hundred, between A. B. 
 c f, &c. (if the firft part, and C. D. cf, kc. of the fecond part, 
 M itneffeih, that the faid party of the firft part, for and in con- 
 r:deration of dollars lawful money of &c. to him in hand 
 paid, at and before the enfealing and delivery of thcfe prefe:its, 
 the receipt whereof is hereby acknowledged, hath granted, 
 bargained, fold, remifed, releafed, aliened and conlirmed ; 
 
 ;d by thefe ptefents, doth grant, bargain, fell, remifc, leleafe, 
 - lien and confirm unto the faid party of the fecond part, in his 
 r.ftual poffefTion now being, and to his heirs and afTigns for 
 ever. [Here defcfibe the piemifes.'] Together with all and 
 ftngiilar the hereditaTients and appurtenances thereunto be- 
 longing, or in aiiy wife appertaining, and the reverilon and 
 reverfions, remainder and remaiiiders, rents, ilTues and profits- 
 thereof ; and all theeftate, right, title, intereft, claim or de- 
 mand whatfoever, of the faid party of the firft part, ei'her in 
 law or equit^•, of, in and to the above bargained premifes, with 
 the faid hercdi'aments and appurtenances. To ha've and 19 
 hold, the faid dwelling houfe, lot of ground and premifes above 
 defcribed, to the party of the fecond part, his heirs and 
 affigns, to the fole and only proper ufe, benefit and behoof of 
 ihe faid party of the fecond part, his heirs and aiTigns for ever. 
 In 'witne/s, &C. 
 
 Common H'arranlee Deed. 
 
 THIS Indenture, made the day of in the year of 
 our Lord one thnufand letiueen A. B. of, i-c. of 
 the firR part, and C. I), of, Sec. of the fecond part, 'w'ltnef' 
 Jeth, that the fa'd p?.rty ot the firft part, for and in confider- 
 ation of the fum of &c. to him in hand paid, by the faid 
 party of 'he fecond pnrt, the receipt whereof is hereby con- 
 ftfled and acknowledged, hath granted, bargained, fold, re- 
 isifed, releafed, aliened and confirmed ; and, by thefe pre- 
 feiits, doth grant, bargain, fell, rcmife, releafe, alien and con- 
 firm, unto the faid party of the fecond part, in his actual pof- 
 ftffion now being, and to his heirs and afllgns for ever, All 
 4kc. [^Here particularly defcrile the prem'tfes'\ Together ■<ii\\!ti 
 
'54 
 
 Canveyttneet, 
 
 and fingular the hereditments and appurtenances thereuntd 
 
 belonging or in any wif^ appertaining j and the rever: on 
 and reverfioris, remainder and rtmaindets, rents, ilTues and 
 profits tlureof ; and ail the eflate, right, title, intcreft, claim 
 or demand whatfoever, of the faid party of the firll pait, 
 cither in law or eqaiiv, of, in and to the above bargained 
 prtniifes, with the iaid hereditaments and appurtenances. 
 To have md to hold the faid premifes above particularly 
 mentioned and dtfcribtd.to the faid party of the fecond part, 
 bis heirs and ifllgng, to the fole and only proper ufe, benefit 
 and belioot of tlic faid party of the fecond part, his heirs 
 and afligns for ever. And the faid party of the firft part, 
 for himfelf, his hsiis, executors and adniiiiillrator8,doth cov«' 
 cnant grant, promift ai-d ;gree, to and with the faid party 
 of the fecond part, his hiirs and alTigns, the tbove bar- 
 gained premifes, in the quiet and peaceable poffcfilou of the 
 faid party of the iecond pait, bis heirs and afligns, agaiiid 
 all and tvery ptrfon or pcifons, lawfully or equitably claim- 
 ing or to claim, the whole ov any part thereof, will for 
 ever quart ant av)d dijtitd. 
 In wltiiefsf &c. 
 
 A Deed of Lands on Sale by Mortgage. 
 
 [Legal Form.] 
 
 THIS Indenture, made the day of in the year 
 of our Lord one thoufand eight hundred, between 
 j^, B. of, &c. of the one part, and C. D. of, &c. of the 
 other part. IVhereas E. F. of, &c. did by a certain inden- 
 ture cf rel.afe by way of mortgage, dated the day of 
 in the year of our Lord for the confideration of two 
 hundred dollars lawful money of the faid ftate, with lawful 
 intereft for the fame, grant, bargain, fell, alien, rcleafe and 
 confirm, unto the faid A. B. in his adual pofftflion then 
 being, and to hishtirs and afTigns forever,all that certain farm, 
 &c. Together with all and fingular the htieditamenisand ap. 
 purienances theicunto belonging : To have and to hold the 
 faid above granted and bargained piemifcs, with the ap. 
 purtenanccs unto the faid ^. £. bis luirs and alTigns, to the 
 
 only 
 
Goaveyancet^ 
 
 •55 
 
 Oniy proper ufe and behoof of the faid A. B. his heirs and 
 Bfugns forever : Provided nevertheJtfs, and the faid rt]eafe 
 was thereby declared to be upon condition, that if the faid 
 E. F. his heirs, executors or adnninirtrators, did and fhould 
 well and tiuly pay or caufe to be paid unto the faid^ A. B. 
 bis executors, adminiftrators or afGgns, the jiift and full furti 
 ef two hundred dollars, lawful money aforefaid, with law 
 ful intereft for the fame, on or before the day of 
 in the year of our L.otd according to the condition 
 
 of a certain bond or writing obligatory, bearing even date 
 with the faid releafe, that then and in fuch caf? the faid 
 reieafe and the faid writing obligatory fhould be void and of 
 DO eflFcdt : And the faid E. F. did by the faid nkafe, for 
 himfelf, his heirs, executors and adminiftrators, covenant, 
 grant and agree with the faid /I. B. his heirs, executors, 
 adminiftrators and affigns, that in cafe it (hould fo happen 
 that the faid fum of two hundied dollars and intereft for 
 the fame, (hould be due and unpaid at the time limited for 
 the payment thereof, in the whole or in part thereof, that 
 then it fliould and might be lawful for the faid v B. his 
 heirs or aflij^ns, at any time after default in payment, to 
 grant, bargain, fell and difpofe of the faid above granted 
 and bargained premiies, with (he appurtenances, at public 
 vendue or auction, to any perfon or per ons whomfoever, 
 and out t>f the monies to arife or arifing from the fale there- 
 of, to retain and keep in his hands the faid fuai of two hun- 
 dred dollars, and all intereft due thereon, togeihei with the 
 cofts and charges of fuch fale or fales, rendering the 
 overplus money, if any there be, to the faid E F. his heirs, 
 executors, adminiftrators or alfigns : /Inil tuheriai the 
 Caid E. F. did not pay to the faid A. B. the fiid fum of 
 two hundred dollars, with the intereft, at the time limited 
 for payment or at any lime fincc ; And whereas by an aft 
 »f the Itgiflature of the ftate of New-York, made and 
 paffed the twcnty-.fixth day of February, in tr;e year of 
 our Lord one thouland feven hundred and eighty-eight, 
 ;ntitkd An aft m prevent fiauds by mci-tgages and 
 for fecuring the purchafers of mortgaged eftates." it is 
 fnaAed, that no good and bona tide tale of liieftuages, 
 lands, tenements or bereditameois made or to br made by 
 
 mortgagee 
 
ss6 
 
 Conveyances. 
 
 mortgagee or Biortgagees, or either, authorized thereunt* 
 by fpecial power for that purpofe in due form of law, from 
 h'\n\ or ilicm who had the equity of redemption, (hall be 
 defeated to the prejudice of the bona fide pu-rchafer thereof, 
 in favor or tor the advantage of any perfon or perfone clainn- 
 iug a right of redemption in equity, but that nothing in 
 tlic faid iSi contained fhall operate for the fecurity of any 
 purchafer in fee, under any power executed for that pur- 
 pofe, after the ulneteenth day of March, one thoufand fev- 
 #n hundred and ninety-four, or to be executed for that pur- 
 pofe after the pafling of faid to the mortgagee or 
 inortgagees, unlets the perfon giving fuch power be of the 
 age of at leaft twenty-five years, and all powers to mort. 
 gagees then or thereafter to be made for making fales in 
 fee, (hall be acknowledged or proved and recorded as other 
 deeds or conveyances ufually are, before Lhe conveyance for 
 the fale be executed, and that every futh fale fliall be at 
 public audtion or vendue, and public notice (hall be given 
 thereof by advertifements, one copy thereof to be inferted 
 and contained at leaft once a week for fix months previous 
 to fuch fale in one of the public newfpapers printed in this 
 ftate, and one copy thereof to be fixed upon the outward 
 door of the court houfe of the city or county where the 
 mortgaged preniifcs or the greater part of them lay ; And 
 •whereas the faid E. F- was at the time of executing of the 
 faid releafe by way of mortgage, above the age of twen- 
 ty five years ; And ivbereas the faid above granted and 
 bargained premifes, with the appurtcuances, in purfuancc 
 of the faid aft aforefaid, and by virtue of the power con- 
 tained in the faid releafe by way of mortgage, have been 
 fold and difpofed of in fee <imple, at public vendue, to 
 £7. D. above named, for the fum of three hundred and fcv- 
 enty-five dollars, lawful money of the faid ftate, public 
 notice having been given of fucli fale as by the faid aft ia 
 diredled j And luhereas the faid releafe by way of mortgage 
 hath been acknowledged, proved and recorded as other 
 deeds ufually are — No'iv ihnrefore, this indenture witnefTtth, 
 that the faid /i. B- in purfuance of the power and aft afore- 
 faid, and alfo for and in confidcralion of the fum of three 
 hundred and feventy-iive doU^rs, of lawful mcD:y aforefaid 
 
 to 
 
Conveyances. 
 
 •57 
 
 to him in hand paid by the faid C. D. at and before the 
 enfealing and deh'very hereof, the receipt whereof is here- 
 by acknowledged, hath granted, bargained, aliened, releaf- 
 ed and confirmed, and by thefe prefents, doth grant, bar- 
 gain, fell, alien, rekafe and confirm unto the faid C. D. in 
 his adual pofleflion now being, and to his heirs and afiigns 
 for ever, a!l that faid farm, piece or parcel of land, above 
 mentioned and defcribed, together with the hereditaments 
 and appurtenances, as the fame was conveyed to him by 
 faid releafe i>y way of mortgage : To have and to hold the 
 faid above granted and bargained premiles with the appur- 
 tenances, unto the faid C. D. his heirs and afiigns, to the 
 fele and only proper ufe and behoof of the faid C. D. hia 
 heirs and affigns, for ever. In ivitnefs wliereof, tlve parties 
 hercu^nto their hands and feals have fubfcribed and fct, the 
 day and year firft above written. 
 Sealed, (Sc. 
 
 ^ Conveyance of Lands by Sheriffs on Sales by 
 Execution. 
 
 TO all to whom thefe prefents fliall come, I A. B. (her- 
 iff of the city and county of Albany, fend greeting : 
 Whereas by virtue of one writ of fieri facias, ifTued out of 
 the couit of common pleas held for the city and county of 
 Albany, ttftcd the tenth day of Odiober, in the year of 
 our Lord one thoufand feven hundred and ninety-fix, at 
 the fuit of C. D. to me diredlcd, commanding me that of 
 the goods and chattels, lands and tenements of E. F. to levy 
 fixty-three dollars, feventeen cents, damages and cofis, and 
 alfo by virtue of one other writ of fieri facias, iffucd out of 
 the fame couit, and ttfled on the day and in the yearafore- 
 faid, at the fuit of G. H. to me dir-ded as afortfaid, corn- 
 ■landing me, of the goods and chattels, lands and tene- 
 ments of the faid E. F. to levy fifty- three dollars, eleven 
 cents, damages and cofis, I have feized and taken of the 
 lands and tenements of the faid E. F. all that certain piece, 
 parcel and traft of land, fituate and being in the town of 
 Coxackie, in the county of Albany, bounded on the weft 
 by the lands of on the north Ly the lands of now ' 
 
 O dfceafed, 
 
ConveyanciJ, 
 
 deccafed, on the eaft by the road leading from Lonenburgh to 
 
 Coxackie, on the fouth by the lands of yinJ tvhereas, the 
 faid preniifes with their appurtenances, fince tlie feizurc by me 
 made by virtue of the faid writs of fieri facias before men- 
 tioned, have been c xpofed to fale at public vendue, and 
 purchafcd by J. K. of the town of Kinderhook, in the 
 county of Columbia, for four hundred and ten dollars, be- 
 ing the highed fum that was bidden therefor : Now know 
 yCi that I /4. B the fheriff aforefaid, by virtue of the faid 
 writs of fieri facias aforefaid, to me direfted and delivered 
 as aforefaid, and by virtue of the flatute in fuch cafe made 
 and provided, and for and in confideration of the faid [^lr^ 
 of four hundred and ten dollars, to me in hand paid by the 
 faid y. K. the receipt and payment whereof 1 do hereby 
 acknowledge, have granted, bargained and fold, and by 
 ihcfe prefects, do grant, bargain and fell unto the faid y.K, 
 his heirs and afligns for ever, the faid I raft, piece and par- 
 eel of land, with its appurtenances, and all the ellate, rightt 
 title and inteteft which the faid G. H. of right had, of, in 
 and to the fame : To have and to htld the faid piece, parcel 
 and traft of land, with its appurtenances, unto the faid 
 y. K, his heirs and ailigns for ever, as fully and abfolutely 
 as I the faid A. B. might, could or ought to grant, bargain 
 and fell the fame, by force of the ftatute aforefaid and the 
 faid writs of fieri facias or othcrv/ife. Jn tvjtnijs whereof, 
 I the faid A. B. have hereunto fet my hand and feal, the 
 day of in the year of our Lord one thoufand cigh^ 
 hundred. /f. B. 
 
 SjsaUd, i^c, 
 
 A Conveyance by Feoffment, with a Letter of 
 Attorney to grant Livery and Seijin. 
 
 THIS Indenture, made between 5. of of the 
 one part, and C. D. of of the other part, wit- 
 
 neffeth, that for and in confideratiou of the fum of to 
 the faid A. B. in hand well and truly paid, &c. {^/Is hefof^c 
 in the releafe^ he the faid A. B. hath granted, bargained, 
 fold, aliened, enfeoffed and confirmed, and by thefe pre- 
 fents doth grant, bargain, fell, alien, enfeoff and confirm unto 
 
Con'veynncis, 
 
 the Tald C. D. his heirs and afiigns, all that &c. and the re- 
 verlv;n and reverfions, &c. \^ Here go on as in ihereleafe, until 
 you ccme to 7 o have &c.] To hate and to hold ihe faid, &c. 
 unto the fai'd C. D. liis heirf and alligns, to the only pro- 
 per ufe and behoof of him the faid C. D. his heirs and zfiigns 
 for ever, and to and for no other ufe, intent or purpofe what- 
 foevcr. And the faid A. B- for hiinfelf, &c. \_Hcre go thrcvgh- 
 tut iheiuhole covenant in Ihf rtleafe.'^ And laftly , the faid A.Bm 
 haih made, cc nfliiuted and appointed, and by thefe prefcntj 
 doth make, conftitute and appoint E. F, of and G. H. of 
 his true and lawful attorntes, jointly and eiiher of ihem 
 fevcrally. for him and in his name, place and ftc?d, to enter 
 into the faid and prerTiifes, with the appurtenances hereby 
 granted and conveyed, or mentioned or intended fj to be, or 
 into fome part thereof in the name of the whole, to enter, and 
 full ard peaecable poflcfiion srd feifin thereof, for him, and in 
 his name and ftead, to take and have ; and after fuch poflefficn 
 and feifin thereof taken and had, the like full and peace- 
 able pofTeflion and feifin thereof, or of fome part there- 
 of, in the name of the whole, unto the faid C. D. or to hig 
 certain attorney, f<>r that purpofe nuthorifed, to give and 
 deliver ; To hold unto liira the fa'd C. D. his heirs and 
 afiigns for ever, according to the true intent and meaning of 
 thcfe prcfents ; the faid A. B. hereby ratifying, confirm- 
 Rig and allowing all and whatfoever his faid attorney or at- 
 lornies, or either of them, fhall lawfully do in the premifci. 
 In witnefs, &c. 
 
 The Method of giving Livery and Seijtn. 
 
 ^TTJHERE pofTelfion and feifin is to be given of lands, 
 VV ' the feoffor, or perfon that grants, or fome other 
 perfon by his deed authorized, going upon any part of the 
 land granted, delivers to the feofTcc, or him to whom the 
 g^ant is made, or to fome perfon by his deed authorized to 
 receive the fame, a gold ring, or any other thing, but ufu- 
 ally a piece of clod or turf cut out of the land, and deliver- 
 ing it into the bands of the perfon that is to receive th« 
 poffefTon, and alfo holding in his other hand the deed of fe- 
 ofiFmtnt executed, cxprcfTes hirafelf ihuc, viz. I A, B- [If 
 
 the 
 
i6o 
 
 Conveyances, 
 
 tlie feoffor gives feifin] do hereby deliver unto yeu C. D. [If 
 the feoffee receives it] poj'ejfion and feifin of the mejfuage ar 
 tenements, lands and hereditaments by this deed granted, to hold 
 to you, your heirs and ajftgns for ever, according to the purport, 
 true Intent and meaning of the faid deed. 
 
 Where the livery and feifin is to be given of a houfe, the 
 feoffor takes ttie ring, the key or other thinfj belonging to 
 the door, and delivtrs the fame to the feoffee, the feoffor 
 and feoffee both holding the deed of feoffment and the rinji, 
 or other thing of the door, and the feoffor uttering ihefe 
 words, / A. B. do here deliver you pojfejfwn and feifin of this 
 houfe, according to the tenor and effeil of this deed. 
 
 If the livery be given by a peri'on authorifed, then fay, I 
 f mentioning the attorney's name] by virtue of the autho- 
 rity to me in th it lehalf gi ven by A. B. in and by this letter of 
 attorney [he holding the letter of attorney in his hand, along 
 with the deed of feoffment ; but in cafe the letter of attor- 
 ney be infertcd in the deed itfelf, then, fay, in and by this 
 deedj do hereby, tfc. 
 
 A Memorandic-m of Livery and Seiftn given by 
 Aitorivey appointed, how indorfed. 
 
 BE it renftcmberedj that on the day of in the 
 year full, quiet, and peaceable poff;flion and fclfm 
 vrashadand taken of the ineffuage, &c. within mentioned 
 by one of the attornies within named, and by him de- 
 livered over unto the within named to hold. Sec. accord- 
 ing to the purport, intent and meaning of the within writ- 
 ten indenture \_But ?f the letter of attorney be a fperate deed 
 frtsm that of the feoffment, then fay, indenture or deed within 
 mcrii'ioiied j in the preftnce of 
 
 A Deed of Partition between three Copartner 
 Coheireffes. 
 
 ^■^HIS Ifidanlure of three parts, made this dny of 
 X between A. £. of, &c. one of the daughters of 
 G. B. late of, &c. deceafed, of the one part, C. B. of, &c, 
 
 another 
 
 I 
 
Conveyancet. 
 
 another of the daughters of the faid G. B. deceafed, of the 
 fecond part, and D. B. of, &c. alfo another of the daugh- 
 ters of the fald G. B. deceafed, of the third part. Wherea* 
 the faid G. B. late father of the faid A. B. C. B. and D. B. 
 ditd feifed in his dcmife as of fee, of and in all thofe mef- 
 fuagci, &c. without leaTing behind him any male heir of 
 his body lawfully begotten, or making atiy difpofilion of 
 the faid prcmifes, or any part thereof, whereby and by which 
 means, ail and fingular the faid mcffuagts, Sec. and other 
 the rcaleftate of the faid G. B- deceafed, are defcended and 
 come unto the faid ^. B C. B. and D. B. his laid daugh- 
 ters : Notu this indtnlure ivitwjfcth, Thai the faid A. B. 
 C. B. and D. B. have made partition, and by thefe pre- 
 ferts, do make a full, perftft and abfolule partition of tbc 
 faid mefluagcs, &c. to and amongft them the faid A. B. 
 C. B. and D. B. in three parts, in manner and form fol- 
 lowing, that 18 to fay : that fhe the faid A. B. her heirs and 
 afligns, fhall have, hold and enjoy, to the only proper ufe 
 and behoof of the faid A. B. her heirs and afligns for ever, 
 all that meffuage, &c. for the full part, (hare and propo:tior» 
 of her the faid A. B. of, in, and to all and every the mef- 
 fuages, &c. hereditaments and premifes above mentioned, fo 
 di-fcended unto them the faid A.B. C.B. and D B. as afore- 
 faid ; and that the faid C.B. her heirs and afligns, fhall have, 
 hold and enjoy to the only proper ufe and btlioof of the faid 
 C. B. her heirs and afligns for ever, all that mtfTua^e, &c. 
 fcr the full pa: t, (hare and proportion of her the faid C. B. 
 of, in and to all and tvery the faid rceffuages, &c. fo defcend- 
 ed unto them the faid A. B. C. B. and D.B. as aforefaid ; 
 and the faid D. B. her heirs and afligns, (hall have, hold and 
 enjoy, to lije only proper ufe and behoof of the faid D. B. 
 her heirs and afligns for ever, all that meffuage, Ike. for the 
 full part, fliare and proportion of her the faid D. B. of, in 
 and to all and every the faid mefl"uage8, &c. fo defcendcd to 
 the faid A. B. C. B. and D. B. as aforefaid. And the 
 faid C. B. and D. B. do, and each of them doth, by thefe 
 prefents, grant, afiign, releafe and confirm unto the faid 
 yt. B. her heirs and affigos, the faid mefi"urigc, &c. fo at 
 afoiefaid, agreed to be held, as aforefaid, as her full (hare 
 •r proporiioa of the premifes above meniioued and de- 
 O 2 fceuded 
 
14* 
 
 Wills and Tejaments. 
 
 icetidA: as arorefaitl, to ihe faid y/. B. C. B. and D. B. 
 and all the t ftatc, right, title, ir.tereft, claim, chalJingc and 
 demand whatfoevsr of ihein the faid C. B. and 1). B. of, in 
 or to the faid meffuage above mentioned, and hereby re- 
 kafed to the faid B. as aforefaid ; To have and to hold 
 tile faid mciTuagc, &c. with the appui tcnanccs htrreby re- 
 leafed and cor.ti'mcd, or mtiitioned or intended fo to be, 
 vnto the faid /I. B. her htirs and alligos, to the only proper 
 ufe aiid behoof of her the faid A. B. her heirs and adigns, 
 iii feveraliy for ever. And the faid A. B. and D. B. do, 
 &c. [Here infer! the like grnnt from them, to C. 5 ] And 
 the (aid A. B. and C. B. do \_The like nvi.'h the former mufl 
 be made to D. B.] And the faid C. B. and D. B. do fever- 
 ally and apart, and not jointly, and for their feveral and 
 rcfptdlive heirs, executors or admlnillracors, covenant, grant 
 and agree, to and with the faid /j. B. her heir» and af- 
 figns, that fhe the faid A. B. her heirs and afligns, lhall and 
 may froin henceforth for ever hereafter, peaceably and qui. 
 Clly have, hold, occnpy, poffefs and enjoy the faid melTdage, 
 ficc. fo allotted and releafed to her tiie faid A. B. for her 
 part or fhare, as aforefaid, free, &c. [H ere go on luiihthe 
 tovenant for quiet enjoyment, and liksiuife 'with that for fur- 
 ther ajfurance, which ttvo covetianis mujl be repeated recipro- 
 cally, as before it done in the granting part. See the form of 
 thofe covenants in a conveyance by reltafe.'\ In wiiaefs, &c. 
 
 Of WILLS and TESTAMENTS. 
 
 A WILL, according to its common acceptation, is th« 
 declaration of a perfon's mind or intent, in relation 
 to what he would have done after his death. The com- 
 n»on law calls that a will, whereby lands or tenements are 
 devifed;but when it concernf only chattels, viz. moveables or 
 luhat is not inheritable, it is called a tellament ; where lands 
 are given by will, it is termed a dcvife ; and where gooda 
 and chattels, commonly termed a perfonal eftate, are be- 
 queathed, it \i called a legacy. Ccdul. Orph. Leg part I, 
 eh. 4. DeWfia 
 
IVillt and Teflamentj. 
 
 Devifes of lands, &e. muft be in writing', fvgned by the 
 deyifor or perfoti giving, generally called the teflator, at 
 fome other perfon by liis rxpi tf» (Jircilion, in the prefcnce 
 of three credible witntffcs. Ifaptifonal eftste of abore 
 the value of thirty pounds be bt.queatluu by word of mouth, 
 which the law calls a nuncupaiive will, it mull likcwife be 
 done in the prefence of tiitce witneflcs. Sec laws of Ncvr- 
 York, 10 feff. ch. xUii. from fee. 15. ad fmem. 
 
 T})e Form of a Will, with the Devife of a Real 
 Eftate^ Lcafebaid, i^c. 
 
 IN the name of God, Amen. I A. C. of, &c. being 
 weak in body, but of found and perfect mind anei 
 ir.ea-.ory \_0r ycu may fay thus, confidciing the uncertainty 
 of this mortal life, and being of found, &J. blifTcd be Al- 
 mighty God f«r the lamej do make and publilh this nay 
 lall will and tellament, in manner and form foHowiEg (that 
 is to fay,) Firlt, I give and bequeath unto my beloved wife 
 7- C. the funs of I do alfo give and bequeath to my 
 
 eldeft fan G. C. the fum of 1 alfo give and bequeatd 
 Hnto my two younger fons jf. C. and F. C. the lum of 
 each. I clfogive and bequeath to my daughter-in- 
 law S. H. fingle woman, the fum of wh.ich faid fevcral 
 legacies or fums of money 1 will and order (Tiall l e paid to 
 the faid refpctkive legatees within fix months after my de- 
 ceafe. I further give and devife to my faid claeil fon G, 
 C. his heirs and affigns, all that my mcfliiage or tenement, 
 fituated, lying and being in, &c. together with all my other 
 freehold eltate whatfoever, to hold to him the faid G. C. his 
 heirs and ailigni for ever. And I hereby give and be- 
 queath to my faid younger fons f. C. and F. C. all my 
 IcafeholJ cllate of and in all thofe meffuages or tenements, 
 with the appurtenances, fituate, &c. equally to be divided 
 between them. And laftly, as to all the refl, refiduc and 
 remainder of my perfonal eftate, goods and chattels of what 
 kind and nature foever, I give and bequeath the fame to my 
 faid beloved wife f. C. whom I hereby appoint fole exe- 
 cutrix of this my laft will and tellament ; hereby rcToking 
 
 all 
 
i64j ani TtJlamenU, 
 
 all former wills by me made. In witnefs ivhereof I have 
 hereunto fet my han.i and ftal, ihc day of in the year 
 of our Lord one thoiifand A. B. 
 
 Signed, fealed, publifhird and declared by the 
 above named A- C. to be his lafl will and 
 teftament, in the prefmce of us, who have 
 hereunto fublcribed oui names as witneffes, 
 in the prefente of the teftator 
 
 R. S. 
 
 W. T. 
 T. IV. 
 
 A Codicil to a Will, that is to fay, a Supplement 
 or Addition to it. 
 
 I A. Col do this ddy of make and pu^)h'(h 
 this codicil to my iaft will and teftanienl, in manner 
 following (that is to fay) I give to my niece M. 5. one gold 
 watch, one large diamond ring, and one filver coffee pot. 
 And whereas in and by my Iaft will and teftament, I have 
 given and bequeathed to my daughter-in-law G. H. thefum 
 of I do hereby order and declare, that my will is that 
 only the fum cf be paid unto her in full of the faid 
 kgacy i have as aforcfaid given and bequeathed unto her j 
 and that the remaitiing part of the faid legacy be given 
 and paid to my nephew E. G. And iafily, It is my dcfirc, 
 that this my prefent codicil be annexed to and made a part 
 of my sltill will and teftament, to all intents and purpofes. 
 In witnfefs whsreof I have hereunto let my hand and feal this 
 day of &c. A. C. 
 
 Signed, fealed, puLlifhed and dfclsrrd by the 
 above named /i. C. as a codicil to be annex- 
 ed to his Iaft will aad te^taraeat, in the pre* 
 
 IV. r. 
 
 r. jr. 
 
 W;!t5, 
 
JVrllf, tic. 
 
 WRITS, AFFIDAVITS, PETITIONS, &c. 
 
 A Latitat. 
 
 The people of the (late of New- York, by the grace of God, 
 free, &c. — To the fherifFof See. 
 
 WHEREAS we lately commanded our fheriff of 
 that he rhould lake C. D. and E. F. if they (hoiild 
 be found in hii bailiwick, and fafely keep theno, fo that he 
 might have their bodies before us at at a certain day 
 
 now pad, to anfwer to A. B. of a plea of trefpafs ; and alfo 
 to a bill of him the faid A. againR the aforcfaid C. for 
 dollar'! of debt, according to the ciiftom of our court, before 
 us to be exhibited. Ai*d our faid (heriff of at that day- 
 returned to us,, that faid C. and E. were not tn be found in 
 bis bailiwick ; whereupon, on the belialf of the faid A. it is 
 teftificd in our court before us, that the faid C. and E. do 
 lurk and wander up and down in your county : therefore 
 we command you that you take theiu, if they (hall be found 
 if) your bailiwick, and theai fafely keep, fo that you have 
 their bQdi«s before us at on the Ttie'"day of 
 next to aofwer to ihe faid A. ef the plea and bill afoiefaid ; 
 and have you then there this writ. — Witnefs efquire, 
 chief juflice of the day of in the year of our 
 independtnce. 
 
 0. P. attatney. Bloodgood. 
 
 Affidavit Iff the Tenant's refuf.ng to defend an EjeSment, im 
 order to ba-vethe Landlord admitted Defendant, 
 
 Supreme Court. 
 
 G. JJ.leffcecf J. 5.7 
 agai«:ft N. N. i 
 
 T. D. of tnaketh oath, that he this deponent did this 
 day of by the diredion of iV. B. landlord of the 
 premifes in qutfiion in tbiecaufe, apply to G, B. tenant ia 
 
 poScl&oB 
 
i66 
 
 pofTefllon of the fald premifes, to know wlictlicr the fald 
 G. B. would appear and hecoTie deftnrlant in this caufe, or 
 would permit the faid N. B- to defend his title to the pre- 
 mifes in the name of the faid G. B and this deponent at 
 the fame time fhewed and nfFered to dtlivrr unto the faid 
 G. B. a note under fic^ned by the faid A'^. B. whereby the 
 faid A^. B- promifed to defend and keep tlie faid G. B. 
 harmlefs from all cofts and charges in this caufe ; but the 
 faid G. B told this deponent, that he would not appear and 
 become defindant in this caufe, or any ways concern bimfelf 
 therein. 
 
 yf^rlnv'/l of Countermanding Notice of Triah 
 
 5 A. B. plaintiff", 
 '' and 
 C. D. defendant. 
 
 j^. B. attorney for the plaintiff, maketh onth, That tie 
 this depoT>ent did on Tuffrlay the (/ix d,iys before the 
 
 day noticed for the trial) countermand notice of trial in this 
 caufe, by ferving the defendant (or defendant's attorney a» 
 the cafe may be) with a note in writing, whereby he this 
 CcpoTicnr trmow knov^'R to the defendant, that the plaintiff 
 would not proceed therein at term. 
 
 Sworn Before, &c. 
 
 jiff.davit that no Notice ivas given of Executing a IVrit of 
 Inquiry, to fit it afidt. 
 
 5 A. B. plaintiff, 
 and 
 C. D. defendant. 
 
 C. D. defendant, maketh oath, TTiat the writ of inqui. 
 ry lately executed by the plaintiff in this caufe, at 
 was exec\ited without any notice given to him this defend- 
 ant, of '.be time and place appointed for the execution there- 
 •f. C. D. 
 
 £worn, before, &c. 
 
 The 
 
1^7 
 
 The defendant's attorney may alfo make affidavit to the 
 like cffcft, as follows — 
 
 Affidavit by an Attorney, that no Notice waat given of a Writ 
 of Inquiry, 
 
 E F. attorney for the defendant in this caufe, maketh 
 path. That ihe writ of inquiry executed by the plaintiff on 
 lart, was etecuttd without notice given thereof to hitQ 
 this deponent, ot any other peifon on his account. 
 
 Sworn, &c. E. ^. 
 
 yiffiJavit to Change the V tntie. 
 
 In lie Supreme Court. 
 
 f A. B. plaintiff, 
 between < and 
 
 C C. D. defendant. 
 
 C. D. of the defendant in this caufe, maketh oath, 
 That the caufe of adlion mentioned in the declaration de> 
 livered in this caufe (if any fuch there be) did arife in the 
 county of and noc in the city of norclfcwhere out 
 pf the faid county pf CD. 
 
 Sworn, &c. 
 
 Affidavit of the Want of a muii'rial Wilnefi, in order to puf 
 of a Tr ial. 
 
 In the Supreme Court. 
 
 A. B. plaintiff, 
 •us. 
 
 C. D. defendant. 
 
 C. D. the defendant in this caufe, maketh oath, That 
 E. F. formerly a fervant to this deponent, is a material 
 witntfs for this depontnr, in this caufe, and that he cannot 
 fafely proceed to trial in this caufe, without the tcdim >ny of 
 the laid i'. F. And this deponent faith, that the fi< d E.F. 
 now is, and for about ten months lafl pafi.has been in the 
 county of as thij deponent is infoimed, and verily be- 
 
 lives. 
 
i68 
 
 IVritSy iffe. 
 
 Jives, but in wliat part of fhe is, this deponent does not 
 know, nor can dilcover, although he has done his uimoft 
 endeavors to find out where fhe is, in order to have her 
 ferved with a fubpcena to icftify in this caufe ; but this de- 
 ponent faith, that he is informed by G. H. brother of the 
 faid E. F. that the faid E. F. will be in in fix weeks 
 
 time, and this deponent verily believes that fuch information 
 it true, and that fhe will be in by that time. 
 
 JJfidavil for increnfe of Ctjls nfier Trial, 
 In the Supreme Court, 
 
 !A. B. plaintiff, 
 and 
 C. D- defendant, 
 
 C. D. ot the defendant in this caufe, and E. F^ of 
 
 his attorney, feverally, make oath, as follows : And 
 firft, the faid C. D, for himfelf faith, That purfuant to 
 Botice of tiial given in the caufe for the laft circuit court 
 held at in the faid county, he, this deponent, and the faid 
 E. F. together with witnefTes which this deponent believes 
 vere material and neceflary in this caufe, to wit, G. H. of 
 
 attended at the faid circuit court ; and that all the faid 
 witncffes took a journey from their refprctive habitations to 
 
 aforefaid, being upwaids of ruiles ; and that this 
 caufe was tried on the day of between and 
 
 o'clock noon ; and that thefe deponents and the 
 faid witneffes were on that account from home days ; 
 and that this deponent hath paid fot horfe hire, and oth- 
 er necefTary expences of himfelf, his faid attorney, and the 
 faid witneffes, on tlieir faid journies, ai the faid circuit court 
 the fum and this deponent C. D. for himfelf faith, That 
 he paid ( Fief in court ar to tounjel, &c, ss the »afe is. J 
 Sworo, &c- 
 
169 
 
 ji^JavU for Cojlt for Plaintiffs not proceeding to Trial ae- 
 cording to his Notices. 
 
 In the Supreme Court. 
 
 uis in the lafl, only omit thefe words, and that this caufe was 
 tried \_fuch a time'\ and faying inftead thereof, but thefe de- 
 ponents, A. B. and C. D. feveraliy fay, that the faid plain- 
 tiff did not piotced to trial, according to his faid notice ; 
 neither have they diteftly nor indireftly received any coua- 
 termand of the fame ; and that thefe deponents, and the faid 
 wiuitifcs were on that account from home days. [And 
 then go on] and the faid A. B. forhimlelf further fayj, that 
 be hath paid, &c. as in the lad. 
 
 If couct-rmand be received too late, fay, Neither had 
 they direftly or indiredtiy received any countermand of the 
 fame, till the day of &c. 
 
 Note ; There mufil be a motion for cofts. 
 
 Affula'vit for Judgment ( as in cafe of nonfuit ) for not proceed- 
 ing to T rial the next Circuit, i=fc. after IJfue joined. 
 In the Supreme £ourt, 
 B. plaintiff, 
 and 
 
 C. D. defendant. 
 
 ^. B of gentleman, attorney for agent) for the de- 
 fendant in this caufe, maketh oath, 1 hat ifliie was joined in 
 this caufe as of term lall, and that the plaintiff did not 
 proceed to trial at the then next circuit court to be held fof 
 the county of and that the faid deponent on the 
 day of inftant, giving notice to the attorney [ar 
 agent'] for the plaintiff, that this honorable court would be 
 moved to morrow, or as foon after as counfel could be heard 
 for judgment as in cafe of nonfuit, purfuant to the rules and 
 orders of this court, aad the laws of the ftate New- York. 
 li fcfs. ch. 46. 5 13. 
 
 r 
 
 P 
 
 ^Jidavit 
 
17© 
 
 jlJiJavU of ftrving Ru!e, anef Jeman/Ung Cojli, in order to eb' 
 lain an Attachment by the Defendant. 
 
 In the Supreme Court, 
 
 !A. B. plaintiff, 
 and 
 G. D. defendant. 
 
 C. D. of the defendant in thi« caufe maketh oath. 
 That he this deponent, on laft paft perfonally ferved B. 
 the above plaiiiiifF, with a true copy of the rule and taxation 
 hereto annexed ; and at the fame time fhewed him the ori- 
 ginal rule and taxation, and demanded of him the money 
 mentioned in the faid taxation ; but the faid j1. B, refufed 
 (or negkSed) to pay the fame. C. D, 
 
 Sworn, &c. 
 
 AJJida'oU by a Letter of Attorney. 
 
 If the Defendant deputes any to receive it, which muft b« 
 by Letter of Attorney then fay, 
 
 In the Supreme Court. 
 
 CA. B. plaintiff; 
 Between < and 
 
 iC. D. defendant. 
 
 A. B. of maketh oath, That (at above) and at 
 the fame time demanded the money mentioned in the faid 
 taxation (then go on) and (hewed him a letter of attorney 
 from the defendant, authorifing this deponent to receive th« 
 fame ; but the faid A. B. rtfufcd (or nefleBed) to pay tli9, 
 fame. 
 
 Affidavit to movt an arrefi of Judgmtnt or neto Tri»h 
 Firfl, that no notice was given, 
 
 C- D. of the defendant in this caufe maketh oatlif 
 That he this deponent had no notice of trial in this caufe* 
 for the laft circuit c^uit held for the county of but that 
 the fame was tried without apy notice given thereof to hin) 
 this depoaeat. CD. 
 
 Secondljif 
 
IVrilf, &c. 
 
 171 
 
 Secondly, That the record difFeri from the deed pleaded. 
 That the record whereon this caufe was tried at the 
 laft circuit court held for differs fnim the deed plead- 
 ed on the faid trial, for in the record of the faid caufe the 
 deed is mentioned to bear date and to be made be- 
 
 tween and the deed is dated on and made between, 
 kc. C. D. 
 
 Thirdly, That there was a defeft in pleading. 
 
 E. F- attorney for defendant, maketh oath, that 
 'the counfel for the plaintiff in this caufe pleaded when 
 they (hould have pleaded or before the defendant plead- 
 «d his plea of Not Guilty contrary to the courfe of prac- 
 tice in this court. E. F. 
 
 jlJfidavU it obtain Leave to enter up a Judgment on on old 
 IVarrant of Attorney. 
 
 In the ivpreme Court. 
 
 !A. B. plaintiff, 
 and 
 C. D. defendant. 
 
 A. B. of and E. F. of feverally make oath, and 
 firft, the faid .i. B. for himfelf fa th, that the fum of tfS 
 dollars p«rt of the debt fecured to be paid unto him this 
 deponent, in and by one bond or obligation, in the penal 
 fum of 180 dollars, beating date the 8th day of September, 
 in the year of our Lord 1 770, entered into by the faid de- 
 fendant C. D. unto him this deponent, (and for which the 
 d-ponent haih 3 warrant of attorney executed by the faid 
 defendant, bearing even date with the bond sforefaid, to 
 confefo judgment thereon in this honorable court) is ftill 
 due and owing unto him this deponent. And this de- 
 ponent further faith, that the aforefaid C D. is now alive, 
 as this deponent veri'v believts, he this deponent having 
 feen and difcourfed with the faid defendant on the firft day 
 of this inftant May. And the aforefaid E. F. for himfelf 
 faith, that he was prefent.and did fee the faid defendant CD. 
 tlu'y execute the bond and w arrant of attorney above men- 
 tioned : And further faith, that the name of E. F fub; 
 
 fcribed 
 
172 
 
 fci ibed as a witnefs to the fame bond and warrant of at- 
 torney aforefaid, is of this deponent's own proper hand 
 writing. 
 
 ^. B. 
 
 Sworn, &c. £, F. 
 
 Affidavit that the Plaintiff has tvit the Deeds. 
 Between, &c. 
 
 A. B. the plaintiff in thin eaufe msketh oath That he hatk 
 not, nor to the bed of his iinowkag , remernbrancc or 
 belief, ever had any the deeds, evidences and writings re- 
 lating to the eftate inqiieftion in this caufc, and wfiichare 
 mentioned in the defendant's bill filed againfl the faid 
 plaintiff or any of them, nor doth this deponent know 
 where the faid deeds, evidences and writings, or any of 
 them no AT are, unltfs they be in the cuftody or power of 
 the faid defendant. A. J3, 
 
 Swoin, &.C. 
 
 JJJlda vU that the Plaintiff had Deeds lut ha'h lojl them. 
 
 r A. B. plaintiff, and 
 Between X and 
 
 t^. D. defendant. 
 
 The plaintiff A. B. of maketh oath, That fometime 
 fince, on laft, the deeds now fued for in this caufe, were 
 in his cuftody and poffeflion ; but fuice the faid time he this 
 deponent hath accidentally loft them. And this deponent 
 farther maketh oath. That he doth not know where the faid 
 writings are, unlefs they arc come to the hands of the 
 defendant. 
 
 Or, that the faid writings are now in the cuftody of the 
 defcndStH ; as he is informed and believes. 
 Sworn, &c. 
 
 Jiffulav'tt of feeing Deeds executed. 
 
 B. of maketh oath. That he this deponent did fee 
 the parchment, writings, or indenture, hereto annexed, bear- 
 ing 
 
ing date fcaled and executed bjr therein nam.-d ; 
 and did alfo fee one other writing bearing date and nade 
 bt-twcen executed by arid he this ritpcnent fublcrib- 
 cd his name to each of the faid wricings. or indentures cf 
 as a witnefs to cue fealing and exccuiioa of them re* 
 fpc£live!y. 
 Sworn, Sec. 
 
 ^JiAavll that Defendant cannot anfwer ivhhout Sijhl of Deeds. 
 
 Wlihout the fight of the indenture &c. in the laid 
 bill referred to, which is at \^ns in the Jii/l ] 
 
 /IJiJavit that Defendant cannot anfiuer without Sig't of Goods. 
 
 ^ defendant Sec. that he this deponent cannot give in 
 
 a full and perfcA anfwer to the bill of complaint, without 
 the fight and pernfal of the goods and things mentioned in 
 the faid bill, which things are now at above twenty 
 miics diftant from 
 
 /IJfulavit that Defendant is not able to attend tegive hit Anfiver 
 to obtain a Dedimus Poiejlatem. 
 
 . That the defendant in this fuitjby reafon of Lnir.enefs 
 
 with the gout, which for fome tiitie palt hath lonfined him 
 to his chamber, is difabled to attend lo perfcdt his anfwer lo 
 the complainant's bill of complaint in this cuufe. 
 
 jij^Jo'vit of a Pauper, that he is not tuorih five Dollars to 
 profecute in Forma Pauperis. 
 
 . That faid maktth oarh, That he this depo- 
 
 B«nt is not worth in all the world the fum of five dolhrs in 
 landsjtenemenis.goods orchattirls (his wearing apparel, and 
 ihe matters of the fuit only excepted.) 
 
 Ta defend in Forma Pauperis. 
 
 — — The faid defendant makeih oath, That his debts be. 
 iDg f)aid> he is not worth five dollars in the world. 
 
 P 2 Affidavit 
 
174 
 
 • ylJldavU that the Defendant Is Jich, and not able to anjwer. 
 
 E. F. of maketh oath, that on laft he faw C. D. 
 the defendant in this caufe, at his houfe at and that he 
 was then fo very fick and weak in bed, &c. that he was not 
 capable of anfwcring the complainant's bill of complaint in 
 thiu fuit, as he this deponent apprehended. 
 
 j^Jlidavit on the /IJfignment of a jfudgmeni, thai the Perfon has 
 not received SalhfaSton. 
 
 In the Common Picas. 
 
 !A. B. plaintiff, 
 and 
 C. D. defendant. 
 
 B. maketh oath, That he this deponent in 
 termlafl obtained a final jtidgment in thiscoui-t againft tlie 
 faid defendant for and this deponent faith, that fince 
 obtaining fuch judgment he hath not alFigntd, transferred, 
 of fel over at any time or times vvhatfoever, to any perfon or 
 rcrfonswhomfoever, the faid judgment or aiiy-ljenefit arifing 
 hereby, nor hath this deponent, or any othn perfon orptrfons 
 on thio deponent's account, received any fatistaftion for the 
 fime or any part thereof, either from the faid defendant or 
 any other perfon or perfons in any wife relcafed the fame-, 
 but that the fame ftill continues in full force againft the (aid 
 defendant. ^ ^_ 
 
 bworn, &c. 
 
 Jjldav'tt of Money being paid, to fet aftde a judgment inhere 
 SatisfaBion is not entered. 
 
 r E. F. plaintiff, 
 Between I and 
 
 I G. H. defendant. 
 
 G.H. defendant in this caufe, maketh oath, That he 
 this deponent on did pay to /. K. as executor of whom 
 the plaintiff fu-es this deponent, the fum of in full fatis-. 
 faftion of the juugoient now profccutcd, though fatisfaftion 
 
 was 
 
Writs, isfc. 
 
 175 
 
 W.1S not entered 011 record by the faid /. A', in his life time ; 
 and that this deponent had no notice of the fcire facias fued 
 agaiiift him, whereupon he might have pleaded th-c fame. 
 
 Sworn, &c. ^' ^' 
 
 Ajidavit of Service of a Subpetna in Chancery ( where there 
 are fcveral Defendants.) 
 
 P, ^ of Gent, reaketh oa^h, that he this deponent 
 on ferved the defendant 6". Z). on fsrvcdthe defendant 
 F, F. and on ferved the defendant G. H. with a writ 
 of fubpctna iff'jed out of, and under the f^ral of this honorable 
 court, by delivering^ to the faid C. D. and E. F. each of 
 tliem, a label thereot, and fhewlng them the faid writ fo un- 
 dor teal and by delivering the . faid writ unto t!ie faid E. F, 
 and G. H. by which faid wri: the faid defendants weredi* 
 re£lcd to appear on at the fuit of, &c. 
 
 Where t<wo Suhpcenas ferved on many Defendants. 
 
 ferved the defendant CD. with a Suiftena, &c. by 
 
 delivering a label, Sec. ^asaiov.^] and on, &:c. ferved the de- 
 fendant E. F, with the faid fulpcena by delivering him the 
 fame fulpttna MvtA^x feal .as aforefaid; and this deponent 
 further faith, That on he this deponent ferved the 
 
 other defendants with znoi\\tx fubpctna, &c. \as before'] by 
 delivering a label [_or .the lurit^ which faid fuhpoenas were 
 both returnable, &c. at the fuit of the faid complainants, as 
 by the label thereof appeared to this deponent. 
 
 Affidavit of Service of Subpana for Cofls. 
 
 E. F. of maketh oath. That on he this deponent 
 pcTfonally ferved the dtfendnnt with a writ of fub' cena of 
 this hDnc-able court, by delivrring the faid writ under feal 
 to the defendant ; by which faid writ the defendant was en- 
 joined to pay the fum of &c. to the phiintiff for cods ; and 
 he this deponent then demanded the fuTi of for the 
 plaintiff's ufe; but the defendant refufed to pay the Hime. 
 
 E.F. 
 /JJidauit 
 
Writs, ^c. 
 
 jiffidav'tt of ferving a Suhpanato hear judgment. 
 
 That he this deponent on did perfonally ferveoneof 
 the defendants In this caufe with a writ of Jubpeena in this 
 caufe ifTuing out of and under the feal of this honorable 
 court, by delivering to the faid f. T. the label of the faid 
 fubpana, and at the fame lime fhewing him the faid fubpcena 
 ilfelf, by which fubpana the faid was commanded to 
 appear in this honorable court on to hear judgment at 
 the fuit of the faid plaintiff on - 
 
 ^J^davit of the Plaintiff'' t feeing a Per/on fer'je a Subpana, 
 tvhere the Perfon •who ferved the Subpgna is either dead or 
 abfcundt. 
 
 Between, &c. 
 
 A. B. the plaintiff in this caufe maketh oath, That he 
 this deponent was prefent on the day of and faw 
 C. D. of &c. perfonally fetve E. F. the defendant in this 
 caufe with a fubpana iffuing out of and under feal of this 
 honorable court by delivering unto the faid F. F. the body 
 of the faid fubpana fo under feal as aforefaid, by which faid 
 fvlpana the laid E. F, was diredled to appear in this hon- 
 orable court the day of at this deponent's fuit ; and 
 this deponent further maketh oath, that he this deponent 
 hath made ftri£l inquiry after the faid C. D. in order for 
 him to prove the fervice of the faid fubpana. but this depo- 
 nent cannot gtft any other intelligence of him, but that he 
 M either dead or abfconds, fo as he cannot be found. 
 
 Affidavit that Defendant abfconds to avoid being fewei twith 
 a Wrtt of Subjcena, 
 
 Between, &c. 
 
 A, B. the plaintiff in this caufe, maketh oath, That the 
 defendant C. D. on the ftriileft fearch and enquiry at his ufual 
 phce of refnience and elfewhere, tar.iioi be touiid to be ferved 
 wi h a writ of fubpcena, iffiied out of ihis honorable court, 
 returnabif, &c. at this deponent's fuit ; and this deponent 
 fuither m.ikeih oaih, Thai he this deponent juftly fuljiefis 
 the faid detendani C. D. is gone beyond the feas, or now ab- 
 fconds and keeps out ef the way to avoid being feived w ith 
 
Writs, bfc. 
 
 177 
 
 the aforefaid procefs* as this deponent h«th been credibly 
 intoiined by X. T. which information this deponent verily 
 beiieves to be true, and without having enteted any appeal" 
 ance in this caufe. 
 
 Sworn, &c. A. B, 
 
 *5ee 17 Vin. Aj. p- 543. pi. 8. in nu-gin, alfj ib. pi, 9. 
 
 Affidavit of IVaJie committed, on graattng a;i Injun£lion, 
 
 r B. plaintiff. 
 Between < and 
 
 [ C. D. defendant. 
 
 A. B. the complainant, maketh oath, That C. D. the de- 
 fendant in this caufe, on, &c. laft paft, did pull down and 
 deftroy part of the houfe and outhouft^s Sec. to which the 
 complaitiant hath lawful tide, and for which he is now fuing 
 the defendant ; and that the faid C. D. did alfo fell and cut 
 down feverai timber trees upon the lands belonging to the 
 fame, ai d conii. ues to commit other wafte and fpjil in and 
 upon the eftate of the faid A. B. to the great damage of him 
 this deponent, 
 
 Swoin before, Sec, A. B, 
 
 Affidavit of fer'ving an InjunSllaH. 
 Between, &c. 
 
 ■G. U. of &c. maketh oaih, That he this deponent did on 
 the day of p'rWonally ferve the defendant in this caufe 
 with a true copy of an injunction, iiTued out of this honorable 
 court in this caufe, and this deponent did at the fame time 
 (hew unto the faid defendant the originil writ of injundioa 
 then under tlie feal of this honorable court. 
 
 Sworn, &c. G. H. 
 
 Affidavit of the Ser vice of a Decree, 
 
 {A. B. plainiiff, 
 a! id 
 C. D. defendant. 
 
 A. B. of maketh oath, Thit upon laft, he this 
 deponent, did peifoually feivethe defendaat with the writ cf 
 
 executiott 
 
Writf, ^c. 
 
 execution of a decree made in this caufe, by (hewing the faid 
 writ, ur»der feal of the faid court, unto the faid defendant, at 
 bishcufe in and delivering unto him a copy thereof, by 
 which decree and writ the detendant was to pay, &c. in the 
 decree mentioned. And ;it the fame time this deponent (hew- 
 ed unto the faid defendant a letter of attorney under the com- 
 plainant's hand and feai impoweting this deponent to aik and 
 receive of the faid defendant the (aid fum of a copy of 
 which faid letter of attorney thisdeponert then alfo left with 
 the faid defendant, of whom he did demand the faid fum of 
 but the defendant did not then pay the fame, or any 
 part thereof, to this deporent, nor haih he yet paid the fame 
 to this deponent, or to the plaintiff, or to any other peifon-fot 
 his ufe, to this deponent's knowledge oi belief. 
 Sworn bcfure> &c< 
 
 Affidavit ivbere the Plaintiff cannot be found. 
 B'-tween) &c. 
 
 A, B. of attorney for the defendant in thiscan(e, mak« 
 eth eath, That he this deponent hath feveial times lately ufsd* 
 his utmoft endeavors to find out the complainant in this caufe 
 but after the (\riftefl inquiry this deponent cannot heat or 
 learn any thing of him, though this deponent made inquiry 
 after he faid complainant at where this deponent was in- 
 formed he rertded ; and this (deponent further makciii ujih» 
 
 That he hath applied to Mr. the faid complainant's 
 
 clerk in court, and to Mr. the faid complainant's fo- 
 
 licitor in this caufe, to be informed by them where the faid 
 complainant lived or might be found, who refufed to give this 
 deponent any knowledge or fatisfa^ion therein. 
 
 Sworn, &c. J. B. 
 
 Affida'vit of the Solemnization of Marriage. 
 A. B. of maketh oath, That on in the year 
 or as near the fame as this deponent can remember, he this 
 deponent was prefent at the hnufe of and did then and 
 there fee the reverend Mr. T. D. marry Mr. C. D. to Mifs 
 E, F. which marriage was then and there folemnized about 
 the hour of nine in the forenoon, to the beft of this deponent's 
 lemembtance. 
 
 Sworn, &c, /I. B. 
 
 Affidavit 
 
179 
 
 A^avit that the Plaintiff treated the Jury. 
 
 The faid E. F. maketh oath, that J. H. attorney for 
 the plaintiff, on, &c. laft, before the tnal of this caufe 
 came on, treated with witie and eatables the jury impan- 
 neled for trying (his caufe, particularly y. K. and L. M. 
 at, he. E. F. 
 
 S\arorn, &c. 
 
 Affidavit that a Dtit remains due, and no Part of it receive J. 
 
 L. M. of maketh oath, that neither he, nor any 
 Other perfon or perfoiis for him, or to his ufe, to his know* 
 kdge or belief, have or haih received, cither diretlly or in- 
 directly, any pait of the fum of due to him this depo- 
 Seot, from, &c. And that not only the whole fum of 
 but all the interell thereof from, 8fc. now remains juftly 
 due and owing to this deponentt 
 
 Sworn, itc. L. M, 
 
 jlfftdavit that a Perfcn is feixed in Fee. 
 
 E. F. of maketh oath, that for and notwithftand- 
 ing any aft, matter or thin^ whatfotver hid, made, cora- 
 mitted or done, or fnffercd by this deponent to the contra- 
 ry, and for and notwith'.lan.^ing any ad, matter or ihinj 
 whatfoever had, made, committed or done, or fuffered by 
 C. D. this deponent's late father deceafed, to the contra- 
 ry, to the knowledge or belief of this deponent, he tbii 
 deponent is fcized in fee fimple or in fee tail general of and 
 in certain lan^s, tenements and hereditaments, fituated, 
 lying and being in, Sec. which the aforefaid •-. D. his father 
 purchafed of and from G H. ano J. K. and arc now m 
 the pofTcflion of L. M. or his afligns, as this deponent'* 
 tenant, being all the lands this deponent claims within the 
 town of And tkis deponent further faiih, that the faid 
 premifes or any part thereof are not comprehended or in- 
 cluded in any marriage fettlement made by this deponent 
 or his faid late father, or either of chem. or in any other 
 marriage fettlement, to the knowledge or- belief of this de< 
 ponent. E. F. 
 
 Sworn, kc. ^davit 
 
l8o 
 
 ^iJav'it that Lands an of juch an yearly Value, on a Pur- 
 chafe. 
 
 E. F. of Gent maketh oath, that the meffuage or 
 tenement, &c. wiih the lands and premif^s thcrtunto be- 
 longing, fituated, &c in and by certain indentures of leafe 
 and rtlrafc, bearing date, &c. and masie bttwetn 
 Conve)ed to G, H. Efq. now are in this deponent's judg- 
 ment, worth 100 dolls, per annum to be let ; and that the 
 faid m< ffiiage or ti-netncnts, ai d lands, have been let at 
 the ate of lOO dolls per annum, for twenty years pad by 
 him tliis depo nent, without ai.y private coiitraft or agree- 
 ment for returning any •patt of the rent to the tenant 
 and occupiers thereof, or any other perfon or perfons 
 whonjf' ever, foi their ufe, benefit or advantage : — And 
 alfo that he th''i dtponent hath not given, paid ol^allowcd 
 any gift, grxtuity or reward, of money or other thing to the 
 te ants ot t'tii faid premifes, or to any other petfon whom- 
 foevtr for the ir ufe or benifit, as a confideration for their 
 p?.^ ing the faid rem of too dolls, per annum, to this depo- 
 riciit, l;n» the fame hath been very fully and bona fide paid 
 to tiiis deponent, without any dcdudion during the 
 term a^oiefaid, /l. B, 
 
 jSworo, &c. 
 
 PETITIONS. 
 
 Petition for an Infant to fue hj Proche'tn Amy. 
 
 To the honorable John Lanfing, jun. efq. chief juftice of 
 the fupreme court of judicature of the Rate of New« 
 York, and to the reft of the juftices of the faid court. 
 
 The humble petition of E. F. of in the county of 
 Sheweth, 
 
 THAT your pcMtioner having lately brought an aftion 
 in the faid fupreme court againft one G. H. of in 
 the county of in a pica of Irefpafs on the cafe ; and your 
 
 petitioner 
 
petitioner belnjj an infai)t under the age of twenty-one 
 years, to wit, of the age of years, 
 
 Your petitioner therefore humbly prays. That he may 
 be admitted to profccute the faid aflion by y. K. 
 of in the county afoicfaid, his next fritnd. And 
 your petitioner fhall ever pray. 
 
 E.F, 
 
 Note ; The fame form will do in the common pleas mu- 
 tails mutandis. 
 
 y. K.'s confent to be written under the petition. 
 
 I do hereby confent and agree thai the faid E. F. may 
 be admitted to profccute the action in thepttition above 
 mentioned, by me as his next fritnd ; and I hereby promife 
 and agree to pay all cofts that fhall or may happen for or 
 on account thereof : A» witnefs my hand. 
 
 7. /ST. 
 
 Puttlon to admit an Infant to defend by Guardian, 
 To, &c. (as in the laft petition) 
 The humble petition of E. F. of in the county of 
 Sheweth, 
 
 THAT an aS.ion of having been commenced in the 
 faid court of againft your petitioner by one G. //. 
 snd your petitioner being under the age of ^twenty-one 
 years, to wit, of the age of years. 
 
 Your petitioner therefore humbly prays, That he may 
 be admitted to appear and n-ake his defence in the 
 Caid aftion by J. K his guardian. And your pe- 
 titloaer fhall ever pray. 
 
 E.F, 
 
 Special 
 
J 83 fFrlts, (s'f. 
 
 ^ Special Bail Piece on a Cepi Corpus in Supreme Court, 
 
 Of the term of April, in the year of our Lord one 
 thoufand eight hundred. 
 
 Albany, J[. — E. F. of the city of ScheneAady, In 
 the county of Albany, yeoman, is delivered on bail up- 
 on a cepi corpus to G H. of the town of Duanefburgh, 
 in the county afoiefaid, gentleman, and J. K. of the 
 town of Bethlehem, in the county aforefaid, gentleman, 
 at the fuit of L, M. 
 
 N. attorney for the 
 defendant. 
 
 Taken and acknowledged, 
 
 the twentieth day of July, In 
 year of our Lord one thoufand 
 tight hundred. 
 
 Before me, 
 
 Note ; Bail pieces upon a habeas corpus, or on certiorari, 
 differ only inllead of faying cepi corpus, fay habeas carpus^ 
 tertiorari. 
 
 Notice*. 
 
Mr. J. 
 
 tVriU, £i>V. 183 
 NOTICES. 
 
 0/ Trtah. 
 E. F. agair.a G. H. 
 
 'AKE notice that this caufe will be tried at the next 
 circuit coutt to be htld for the county of 
 
 Ycurs, L. M. 
 
 Of Inquiry. 
 
 ' E. F. p^aintiflF, 
 Between ^ and 
 
 .G. H. defendant. 
 
 TAKE notice that a writ of inquiry of damages wiil 
 be executed in this caufe on the day of at 
 10 o'clock of the forenoon of the fame day, at in the 
 county of Dated the day of 
 
 Yours, &c. L. M. attorney for plaintiff. 
 
 0/ Declaratiens In ihe Clerk's Office. 
 Mr. E. F. 
 
 TAKE notice that a declaTation is filed againft you 
 (if delene effe, fay fo) of this prefent term in the 
 ofHce of the clerk of at the fuit of G. H. in an adlion 
 of trcfpafs on the cafe [or -whatever the aH'ion ;j] for goods 
 fold \ money len\ money due on the balance of accounts Jlated, 
 I5c, at the cife is :J And unk!s you plead to the faid de- 
 claration Within dsys from the date hereof, judgmenc 
 will be Sgned againft you by default. Dated this 
 day of one thoufand eighc hundred. 
 
 Yours, J. K. attorney for the plaintiff. 
 
 The 
 
The Form ef a Certificate from a Mortgages on Receipt of 
 Mortgage Money, 
 
 To the Clerk of the county of 
 
 I - C. D. oF gehtleman, do hereby certify, that A. B. of 
 efq. hath paid and fatisfied all fuch fum and fums of 
 money aj was due and owing upon a mortgage made by the 
 faid y/. B. to me, bearing date the day of and regif- 
 tcred at o'clock in the afternoon of the day of 
 folloiving, in full difcharge of tlie fame ; and I do hereby 
 reqnire an entry of fuch payment and faiisfadion to be made, 
 purfuant to the afl in that cafe made and provided. Wit- 
 i5cfj iny hand and fcal this . day of, &c. 
 
 Signed, fealed, &c. ۥ D, [l. s.] 
 
 BUI againjlan Attorney of the Common Pleas for Words. C. P. 
 
 rtr n- . ir G. gentleman, by J. R. his attorney, 
 
 J i, -iM complains againlt R. L. gentleman, one 
 of the attorniea of the court of, Sec. prcfent here in court 
 in his own pcrfon, in a plea of trefpafs on the cafe for this,^ 
 That whereas he the faid /I. G. now is a good, true, faith- 
 ful and honeft citizen of this ftate, and as fuch, from the 
 time of his nativity hithtrto, halh behaved and demeaned 
 himfelf, and during all that time hath borne, ar.d been 
 held and cfleemed, reputed, and taken to be a man of good 
 name, fame, credit, reputation and converfation among all 
 liis neighbours and othets, the good citizens of this (late, 
 and has hitherto lived and continued free, clear, innocent 
 and wholly unfiifpefted of and from all kind of falfehood, 
 perjury, and forfwearing, and every other fuch heinous.crime 
 and by reafon thereof gained the good will and efteem of 
 all his neighbours, and otlier good citizens of this ftate. 
 And svhereas he the faid A. by reafon of his good name 
 and reputation at the time of fpcaking and publifhing the 
 feveral falfe, malicious and fcandalous words herein after 
 mentioned, and long before was, and dill is employed and 
 intrufted by the company of afi"urance in the office and bufi- 
 nefs of their fecretary, being an office and bufinefs of great 
 credit and trull, at L. aforefaid, and whereas during the laid 
 
 time 
 
185 
 
 lime that the faid A. was and coritinued to the faid company 
 St aforefaid, and before the fpeaking and publifning any of 
 the falfe, malicious and fcandalous words herein after men- 
 tioned, to wit, upon the day of ia the year of our 
 Lord the faid company exhibited their bill of com- 
 plaint i n this court of ( the faid court then and Hill be- 
 ing at in the county of ) thereby complaining 
 among other things, of and concerning a certain policy of 
 infurance therein mentioned to be made and italed, and 
 executed by the faid company to one R. C. for the in- 
 furance of one thoufand pounds to the faid R. C. deduct- 
 ing fixteen pounds ^er cent, in cafe of lofs, upon a certain 
 fhip or vefill called the on a certain voyage therein 
 
 mentioned, and alfo of a deviation of the faid lliip from 
 the voyage thereby infared, whereby the faid company, by 
 their faid bill aliedgcd, that they were difcharged froin the 
 faid policy, and that the faid fhip was afterwards loft, nor- 
 withftanding which the faid R. C. bad commenced, and 
 was profecuting an aftion at law againft them upon the faid 
 policy, the faid company fuggefting by their faid bill, that 
 their witneffts who could prove the faid deviation (among 
 other things) then lived and refidtxl in parts beyond the feas, 
 and that the faid R. C. knew the fame and ihtreby pray- 
 ing (among other things) a commiifton or commifiions fj- 
 the examination of their witneffes beyond the feas, touchinj^ 
 the fevcral matters in the faid bill contained ; and that a'l 
 proceedings at law in the faid aflion might be ftayed till tb-; 
 return of the faid coniinilTioners by the injunftion r f the 
 faid court of and thereby prayed proceis of the faid 
 court againft the faid A'. C. as by the faid bill i;i now 
 remaining affiled in the faid court of at aforefaid 
 more fully appears. And thtreupon the faid j1. after- 
 wards, and pending the faid fiiit in to wit, upon the 
 day of in the year of our Lord at aforefaid, came 
 before A, then being one of the mafters of the faiJ court 
 of and then and there made his affidavit in writing rciatiog 
 to and concerning matters material in the faid fiiii in be- 
 fore him, and then and there took his corporal oath before 
 the faid niafter, that the contents of his faid alTidavit were 
 true (the faid mafterthei) and there having fufiScient power 
 2 and 
 
i86 
 
 and authority to aclminfter the faid oath to the faid /I. G.) 
 And the faid A. G. in and by his faid affidavit made oath, 
 That on or about ffit It out verbatim to the end ) yet the faid 
 R. C. woll knowing the premife^ and greatly envying the 
 happy ftate and condition of the faid 4. and contriving and 
 malicioufly intending not only to hurt, degrade, damnify 
 and injure him the faid in his good name, fa.r.e, credit and 
 reputation, and to endeavor to have the faid A. turned out 
 of his faid office of fecretary, as afoicfaid, hue alfo wrong- 
 fully to fubjcd him the faid A. to the pains and penalties by 
 the laws and flatutes of this (late made and provided againfl: 
 any perfons who commit wilful and corrupt perjury, after- 
 wards, to wit, on the day of in the year of our Lord 
 at aforefaid, in a certain difcoui fe which the faid R. 
 then and there had with divers worthy citizens of this (late 
 of and conctrning the faid j4. and his having fworn the faid 
 affidavit in and concerning the faid caufe fo depending ia 
 the fame court of between the faid company of affit- 
 
 rance, plain'.iiTd, and the faid R. C. defendant, productd to 
 the faid citizens then being prefent there a paper writing^, 
 alledging the fame writing, to be a copy of the faid afhJavit 
 fo fworn by the faid /!. as aforefaid, and with a loud void 
 in thtir he'.riiig, read the fame, and then and there openly, 
 publicly, fiilftly and malicioufly faid, related, and with a loud 
 •voice puhliftied ihefe fdlfe, feigned, fcanoalous and opprobrit- 
 OU3 Ei,g!i/lr words following of the faid /). in the ptefence and 
 hearing of thofe citizens (that is to fay) he (meaning tlic 
 faid )■ has forefworn himfelfin tliis affidavit (meaning tbe 
 faid afhiavit fo fworn by the faid A. as aforefaid) And after- 
 ■wards, to wit, on the fame day and year at L. aforefaid, in a 
 certain other difcouife which the faid R. then and there had 
 ■v^-ith divers other worthy citize.is of this ftate, of and con- 
 cerning the faid //. and of his havi ig fworn the faid affidavit, 
 he the faid R. produced to divers other citizens then being 
 prtfent ihcie, a paper writing, alledging the fame writing to 
 be a copy of the faid affidavit fworn by the faid ^. as afore- 
 faid; and witl) a loud voice in their hearing read the fame, and 
 then and there openly, publicly, falhly and malicio'ifly faid, 
 related, and with a loud voice, piibliihed thefe other falfc, 
 feigned, fcandalous and oppiobriou3ii«j:/^> words following 
 
187 
 
 of the faid A. in the prefeiice and hearing of thofe citizens 
 (that is to fay) he (meaning the faid /I^G.) is perjured ia 
 this affidavit ( meaning the faid affidavit whereof the writing 
 produced as aforefaid, was by him alledged to be a copy.) 
 And afterwards, to wit, on the fani'- day and year at L. 
 aforefaid in a certain other difcourfe which the faid R. then 
 and there had with divers other worthy citizens of this ftate 
 of and concerning the faid ^. and the faid affiiavit, he the 
 faid R. openly, publicly, falfely andmalicioufly faid, related, 
 and with a loud voice publilhtd thefe other falfe, feigned, 
 fcandalous and opprobrious EngUfh words following of the 
 faid j1. in the prefence and hearing of thcfe citzens (that i» 
 to fay ) he (meaning the faid A. ) has fort fwornhimfelf (mean- 
 ing him the faid A.) in (meaning the court of afore- 
 faid.) AnA afterwards, to wit, on the fame dayand yearat 
 L. aforefaid, in a certain other difcourfe which the faid R. 
 then and there had with divers other worthy citizens of this 
 ftate of and concerning the faid A. and tht faid affidavit, he 
 the faid R. then and there ©per.Iy, publicly, faifcly and ma- 
 licioudy faid, related, and with a loud voice ptiblifhed thefe 
 other falfe, feigned, fcandalous and opprobrioas £ngli[h 
 words following of the faid /i. in the pref;.'nce and hearing 
 of thofe citizens (that is to fay) he (meaning him the faid A ) 
 hath perjured himfcif (meaning him the faid A.") in 
 (meaning in the fa d court of ) and I (meaning the 
 faid /?.) will indift him (meaning the laid A.^ f.)r the fame. 
 And afterwards, to wit, on the fame day and ytar at L,. 
 aforefaid, in a certain other difcourfe which the faid R. 
 then and there had with divers other worthy citizens of this 
 ftate of and concerning the faid A. he the faid R. then and 
 there openly, publicly, falfely and mallcioufty faid, related 
 and with 3 loud voice publidied thsfe other falfe, feigned, 
 fcandalous and opprobrious EngUfh words following of the 
 faid A. in the prefence and hearing of thofe ciiizcns (that 
 is to fay) he (meaning the faid A.^ hath been guilty of 
 perjury. And afterwards, to wit, on the fame day and year 
 at L. aforefaid, in a certain other difcourfe which the faid 
 R. then and there had with divers other worthy citizens of 
 this ftate of and concerning the faid A. he the faid R. then 
 and there openly, publicly, falfely and malicioufly faid, re- 
 laud 
 
JVriti, bjc. 
 
 lated, and wuTi a loud voice publifhed thtfc other falfc, 
 feigned, fcandaloiis and opprobrious Evgli/h words follow- 
 ing of the faid in the prcfence and hearing of thofe citi- 
 zens (tliat is to fay) I (meaning ths faid R.) have indi(Aed 
 him (meaning the faid A.) for peijury. And afterwards, 
 to wit, on the fame day and year at L. aforefaid, in a cer- 
 tain other difcourfe which the faid R. then and there had 
 with divers other worthy citizens of this (late of and con- 
 cerning the faid A. and the faid affidavit, he the faid R. then 
 and there openly, publicly, ialfely and malicioully faid, re- 
 lated, and with a loud voice [lublifhed tht fc other falfc, 
 feigned, ftandalous and opprobrious EngliJI) words following 
 of the laid -V. in the prefence and hearing of thofe citizens 
 flhat is to fay) he (meaning the faid A. ) hath taken a falfe 
 oath. And afterwards, to wit, on the lame day and year 
 at Z.. aforefaid, in a certain other difcoutfe which the faid 
 R, then and there had with one captain C. P. then being 
 one of the diredtorsof the faid company of aHurance, of and 
 concerning the faid //. and the faid affidavit, he the faid 
 R. then and there openly, publicly, falfcly and maliciinifly 
 faid, related, and with a loud voice publilhed thefe other 
 falfe, feigned, fcandalous and opprobrious Englifl} words 
 following of the faid A. in ihe prefence and hearing of the 
 faid C, P. (that is to fay) what a villain your fecrsrary 
 ^meaning the faid A.) is ? He (meaning the faid A.) is 
 perjured. \V hat does- the company (meaning the faid com- 
 pany of aflnr.ince) give bin (meaning the faid /).) for 
 fwearing ? What a villain of a (meaning the faid A.) fe- 
 cretary, you (n^eaning the faid C. P. and the reft of the 
 dire(f\ors of the faid company) have got to perjure hiinfclf 
 (meaning him the faid A.) Prav what does the compa.iy 
 (meaning the faid company of a(rura'ice) give him (mean- 
 ing the faid A J to forfwear himfclf (meaning him the faid 
 A.) for them (mesning the faid company) ? And after- 
 wards, to Wit, on the fame day and year at L. aforefaid, in 
 a certain'other difcoutfe whTch the faid R. then and there 
 had, with divers other worthy citizens of this Hate of and 
 concerning the faid A. and the fjid affidavit, he tlie faid R. 
 then and there openly, publicly, falfcly and malicioudy faid, 
 lelated, and with a loud voice publiihed thefe other falfe, 
 
 feigned, 
 
189 
 
 feignrd. fcandatoas and opprobrious Engl'ijh words following 
 ©f the faid //. in the prefcnce and hearing of thofe citizens 
 
 '(thar is to fay) I (meaning the faid R.) have indid\ed him 
 (meaning the faid /I.) tor perjjrfi and the indidment is fet- 
 tled by the beft coanfel in this ftate, and you (meaning thoie 
 citizens then prefent) may teil him (meaning the faid A.) fo. 
 By reafon of fpcaking and publifhing of which faid feveral 
 falfe, feigned, fcandalous and opprobrious Rnghjh words the 
 faid A. is very much prejudiced, hurt and damnified in his 
 good name, fame, credit and reputation, and is fallen into pub- 
 
 I lie fcandal and infamy a-nongft his neighbors, and orhergood 
 and faithful citizens of this ftate, in fo much that divers of 
 thofe neighbors as aforefaid, to whom the innocence and in- 
 tegrity of the faid A. were unknown, have always, from the 
 time of fpeaking and publifhing of ihs faid feveral words, ve- 
 hemer.tly fufpefted the faid A. to be a man who had commit- 
 ted perjury, and on that account have always from thence 
 hitherto wholly reftjfed, a:id ftill do daily more and iriore 
 lefufe to have any commerce or difcourfe with him, or have 
 any thing to do with him, as bi-fore they were accuftomed to 
 have. And the faid A. fa^ s, that in order to clear his iono- 
 cence in this behalf, he hath been forceii to expend and lay 
 out divers fums of money to the dainage of him the faid A. 
 of two hundred dollars ; and thereupon he prays relief, &c. 
 
 Bill 
 
 T is commanded to tU fheriff" that he take 
 &c. and him fafely, &c. fo that 
 he may have his body before the people of the ftafte of 
 New- York, at on the Tuefday in next, to an- 
 fwer A. B. of a plea of trefpafs : and alfo to a bill of the 
 faid A. B. againfl the faid C. D. for two hundred dollars, 
 of debt, according to the cuftom of the court of the pfo- 
 ple aforefaid, before the people themfcives to be exhibited, 
 atd that he have then there this precept. 
 
 By bill, Ckrk. 
 
 E. F. Attorney. 
 
 Prfc!/>e 
 
Precipe for the above Bill to be Jikd •with the Clerk. 
 
 Albany, j[. Bill for A. B. againft C, D. in debt for 20* 
 dollars, rt tufnablc on the Tuefday in next at \ •■ 
 
 E. F. Attorney. ^ 
 
 Note. In al'l cafes where defendant is to be holdcn to f 
 bail) the ac etiam claufe will be, 
 
 Jn debt, (as above in the bill.) 
 
 In ajfumpfit, And alfo to a bill of the faid A. againft 
 
 the faid B. for dollars, upon promife, [double the fum ' 
 the plaintiff would fwear to if required] according, &c. 
 
 In trefpafs, And alfo to a bill of the faid A, againft 
 
 the laid B. for taking and carrying away the gooJs and 
 chattels of the faid ■'}. to his damage [or of the value Gf j 
 dollars, according to, &c. 
 
 In trover, For converting and difpofing of the goods I 
 
 and chattels of the faid A, to ihe value of dollars, ac- ; 
 cording to, &c. 
 
 In detinue, For detaining the goods and chattels of 
 
 the faid A, to the value of according to the cudotn of, 
 &c. 
 
 In covenant, For breach of covenant, to the damage 
 
 of the faid A, according to the cuftorn of, &c. 
 
 In ajfault and battery, [_vpon a jurlge'f order']— ~Tor 
 beating, wounding and ill treniing \_as the caf' happens to 
 
 the faid d. to his damage ( double ihe fum ordered 
 
 by the judge ; but indorfe the exa8 fum, ordered by him on the 
 back of the writ) according to the cuftoin of, &:c. 
 
 In debt upon reccgnixance, In a plea of debt upon le. 
 
 cognizance, according to, &c. 
 
 Note. This laft claufe will not hold to bail ; but Is to 
 give notice to the defendant of the nature and caufcof the 
 atlion ; otherwife neither he nor his attorney will be oblig- 
 ed to accept a declaration. 
 
 Bill 
 
SiH al the fmt of an Infant by Guardian. 
 
 ... ^ TT is comraanded to ths ftieriff, &c. (as In 
 Albany,^. ^ common bill) to anfwer A. B. an infant 
 under the age of twenty-one years, in the court of the peo- 
 ple of the Rate of New York, before the people thtm- 
 felvcs, being thereuoto fpecially admitted by C. D. his 
 guardian and next friend, of a plea of trefpafs : and alfo, 
 &c. and that he have then there this precept, 
 
 By bill, Chrk. 
 
 E. attorney. 
 
 Capias ad refpondendurn. 
 
 THE people of the ftate of New York, by the grace 
 of God, free and independent, to the (heriff of &c. 
 greeting. We command you that you take B. if he 
 lhall be found in your bailiwick, and hi«i faftly keep, fo 
 that you may have his body before U5 al on the 
 Tuefday of next, to anfwer C. D. of a plea of trefpafs, 
 and alfo .(here infert the ac fliam ciavfe) and have you then 
 there this writ, Witnef?, J. L. efq. chief juftice, at 
 the day of in the year of our independence. 
 
 Fairlie, Clerk. 
 
 M. attorney. 
 
 Note ; If to the above the fheriff returns Non ej}, then 
 an alias ifTues, in like form, only after the words " com- 
 fnand you" fay, as before we have commanded you j and if 
 to that it be likewife returned Non eft. then fay, as we have 
 tftentimes commanded you ; and tbefe lad words are ufed in 
 every fucceeding writ, called iplur'us. 
 
 Capias, in an adion ^i Tarn. 
 
 Tlie people of the (late of New-York, by the grace of 
 God, free and independent : To the flierifTof, &c. gree- 
 ting : 
 
 WE command you that you take E. F. if, Sec. and 
 him fafely, &c. fo that, &c. to anfwer G, H. who 
 as well ff- vs as for himfelf doth profecute, of a plea of tref- 
 pafs : and alfo, ike. Sulpana 
 
Suhtana to appear on Inquiry. 
 
 The People of ttie Aa'te of New- York, by the grace of God,- 
 free and indcpendtnt : To C. D. E. F. and G. H. 
 grteling : 
 
 WE command you, and each of yon, lhat, all and fm- 
 giila'' your biifint ITcs and cvcufes whatToever, ceaf- 
 !ng, you and each of you in your proper perfons be be- 
 fore tfquire, fheriff of ihe county of on the 
 day of next, at tlie dwelling houfe of R. S. 
 of innkeeper, then and there to tellify all and fin- 
 gular thofe things which you, or any of you, fhall know 
 in a certain adlion in our court now depending beiweea 
 yf. B. plaintiff, and C D. dcft-ndint, of a pica of in 
 which fajd aftion a certain writ of iiiqtiiry of damages is 
 then and there to be executed. And this do not you, or. 
 cither of you, omit under the penalty of one hundred pcuads^ 
 Witnefi, Sic. 
 
 M- Attorney B. Clerk, 
 
 7"tcket for the foregoing Subpana. 
 
 BY virtue of a writ of Subpoena to you direded, and 
 herewith fhewn unto you, you are perlonally to be and 
 appear befoie //. ^ cfquiic, fherifFof on the day of 
 at o'clock in the noon of the fame day, at the 
 dwelling houfe of in the then and there to teltify 
 the truth, according to your knowledge, upon a writ of in- 
 quiry of damages, then and there to be executed, in a certaia 
 cafe now depending between B. plaintiff and C D. de» 
 fendant in a plea of on the part of And thi- yotr 
 are not to omit, upon pain of one hundred pounds. X^ate4 
 the day of 'i\r the year of our Lord 
 
 To Mr. Per curiam. 
 
 Subpoena to appear before Referrees. 
 
 The People, Lc To A. B. and C- D. greeting. 
 
 T Tl ^ E command you, and each of you, that all and Cngular 
 VV your bufinefs and excufes whatfoevcr ctafing, you, 
 
 and 
 
»93 
 
 and every of you, in your proper perfons be before B. 
 C. D. and E, F. referees appointed by rule of our court 
 before us, on Tuefday tbe day of next an 
 o'clock in noon, at the houfe of in innkeeper, 
 then and there to teRify the truth according to your know- 
 ledge in a certain caufe in our court before us depending, 
 and then and there to be tried, between plaintiff, and 
 defendant, in a plea of and this do not you, or either of 
 you omit, under the penalty of one hundred pounds each. 
 WUnefs, &c. 
 
 Subpcsna for Witnejfcs at the Circuits. 
 
 The People, &c, To ^ B. C. D. E. F. and G. H. 
 
 Greeting. 
 
 WE command you, and every of you, firmly enjoining, 
 that, all and Cngular your bufintCes and excufes 
 whatfoever laying afidc, you, and every of you, be before 
 our chief ju&ice, or other juftice, or juftices of ourfupreme 
 court, at a ci''cuit court for trial of all ifTues joined in the 
 fupteme court, or in any other court, and brought int ■ the 
 fupretne court to be trird, and which may be triable in our 
 {aid court, on the day of next, at in the cou ity 
 of according to the form of the ftaiute In fuch cafe made 
 and provided, to teftify all and fingular thofe things, which 
 you, or any of you, know in a certain acflion in our court 
 before us now depending and undetermined, between G. H, 
 plaintiff, ard J. K. defendent, in plea of at that day by 
 a jury ofthecouiury to be tried. And this do not you, or 
 and of you omit, under the penalty of one hundred pounds 
 each. Witnefs John Lanfing, jun. efquire, chief juftice at 
 the day of in the year of out indeptndence. 
 S- B. attorney. Fair/ie, cierk. 
 
 Ticket for the foregoing Suhpcena. 
 
 BY virtue of a writ of fubpcena to you direfled, and 
 herewith (hewn unto you, you are perfonally to be 
 and appear before the chief juftice, or other juftice or juf- 
 tices of the fupreme court of the Rate of New- York, at a 
 R circuit 
 
Writs, Lfc. 
 
 circuit court for tbe trial of caufes arifing in the county of 
 and b'ouglit to iflue in the fald fupreme court, on the 
 day of next, at o'clock in the noon, at 
 IB the county of to tefiify the truth according to your 
 knowledge in a certain caufe now depending, and then and 
 there to be tvied between plaintiff, and defendant, 
 in 3 plea of on the part of the and hereof fail not, 
 on pain of one hundred pounds. Dated the day of 
 jn the year of our Lord 
 
 To G. FI, Per curiam. 
 
 Suhp(tna for Wit' ejfes in the Supreme Court. 
 
 The People, &c. To J. B. C. D. E. F. and G. If. 
 
 Greeting. 
 
 E comand you, and every of you, firmly enjoining, 
 that, all and fingular your bufincifes and excufes 
 whatfoever ceafmg, you, ^nd every of you, be in your pro- 
 per perfons before us, at on the day of next, to 
 teftify all and fingular thofe things which you, or any of 
 you know, in a certain aftion in our court before us now 
 depending and undetermined, between G- H. plaintiff, and 
 jf. K. defendant, in plea of at that day by a jury of the 
 country to be tried. And (his do not you, or any of yoij 
 omit, under the penalty of one hundred pounds each. Wit- 
 nefb John Lanfing, jun. Efq. chief jullice, at the day 
 of in the year of our independence. 
 
 5. B. attorney. Fairlie, clerk. 
 
 Venire for yury, at the Supreme Court. 
 
 The People of the State of New- York by the grace of Go(i 
 free and independent. To the Sheriff of the county of 
 New- York, greeting. 
 
 TTjrE command you that you caufe to come before our 
 VV juflicea of our fupreme court of judicature, at the 
 city-hall of the city of New- York, on the third Tuefday in 
 April next, twelve free and lawful men of your county, 
 pach of whom fliall have in his ovrn namcj or right, or in 
 
 truft 
 
triid for ]iim, or In his wife's right, a freehold in l-nds, mef- 
 fuagcs, <H of rents in fee, or for life, of the vslue of iixty 
 dollars, free from all reprizes, debts, demands or incum- 
 braoces whaifoever, by whom the tiuth of the niaiter may 
 be the better known, and who are in no wife of kin to J-. B. 
 piainliff, or C. D. defendant, to make a certain jury of 
 the country between the parties aforefpid, in a pica of 
 becaufe as well the faid C. D. as the fsid A. B. between 
 »'hom the matter in variance is, have put tlien-jfelyes upon 
 that jury : And have then there the names of the jurors 
 and this writ. Witnefs John Lanfing, jiin. Efq. chief juf- 
 tice, at the day of in the year of oQr inde- 
 pendence. 
 
 S. B. attorney. Bloodgeo^}, cletk. 
 
 f^cntre for Jury at tin Circuits. 
 
 The People of kc. To the Sheriff of the county of 
 Delaware, greeting. 
 
 VV£ command you that you caufe to come before us, at 
 cn tlie Tuefday in next j (unlcfs the jultices of our 
 fupreme court, or feme, or one of them, at a circuit court 
 ^or the tiial of all ifluc-s, joined in the fupreme court, or in 
 any other court and brought into the fupreme court to be 
 tried, and which are or may be triable in our faid county ol 
 Dt-laware at in the faid county, on the day of 
 next, according to the form of the ftatute in that cafe made 
 and provided, fhall firft: come) twtlve free and lawful men 
 of your country, each of w hom fl);ill have, in his own name, 
 or right, or in truH for him, or in his wife's right, a frec- 
 fccld in lands, mefll'uages or of rents in fee or for life, of ths 
 value of fixty pounds, free from all reprizes, debts, demandsi 
 0« incumber; rces whatfoevtr, by whom the truih of the mat- 
 ter may be the better known ; and who are in no wife of 
 kin to plaintiff, or defendant, to make a certain jury of 
 the country between the parties aforefaid, in a plea of 
 becaufe as well the faid as the faid between whom 
 the matter in variance is, have put themfelves upon that 
 jury. Awd have then there the numti of the jurors, and this 
 writ. Witnefs, &c. Fairlie, clerk. 
 
 E. attorney. Fcnire 
 
196 
 
 Writs, ^f. 
 
 Venire to Elijors, at the Circuils, 
 The People of &c. to C, D. and E F. greeting : 
 ■\^'''Hi^RE AS F. G. lately in our court before us at 
 
 by bill without our writ, did complain of /, H. of 
 a plea of trefpafs, the aforefaid /. H. before us by hio 
 attorney appearing in the defence by him made, hath pleaded 
 in our court with the fame F. G. h\ the jury of tlie country , 
 in the county of to be tried : whereupon afterwards in 
 our court before us, the fame F. G. faid that the fame /. I/. 
 is (heriff of and that N. P. efq. is coroner of the faid 
 county, and that the faid A^. P. had declared with an oath, 
 that he would do all that was in his power to fupport and 
 maintain the faid /. B. and that an indifferent jury between 
 him the faid F. and the faid /. would not be fummoned by 
 the faid N.P. and this pretending to verify, the fame F. pray- 
 ed that our court before lis, by their difcreiion, would 
 choofe two indifferent and difcreet perfonsto caufctocome 
 twelve free and lawful men to try the ilTue aforefaid, by rea- 
 fon whereof, and becaufe that the aforefaid /. the allega- 
 tion aforefaid doth not gainfay, but confefs, you the afore- 
 faid C. D. and E, F. with the affent of the parties aforefaid, 
 by our court before us, have been chofen and named, there- 
 fore we command you that you caufe to come &c. [as ia 
 thelaft.] Witnefs, &c. 
 
 0. P. attorney. BlooJgood, clerk. 
 
 Venire at the Circuits with Struck Jury and View. 
 
 The People of the State of New. York by the Grace of God 
 free and independent. T.o our Sheriff of Ulfter county, 
 greeting. 
 
 WE command you that you caufe to come before us 
 at on the Tuefday of next ; unlefs 
 the juftices of our fupreme court, or fome, or one of them, 
 at a circuit court for the trial of all ifTuea joined in the fu- 
 preme court, or in any other court, and brought into the 
 fupreme court to be tried, and which may be triable in our 
 faid county of Ulfter, on the day of next, at 
 in the county of according to the fornoof the flatute in 
 
 fuch 
 
»97 
 
 fuch cafe lately made and provided, fhall fooner come, the 
 ftveral perfons named in the panel to this writ annexed, be- 
 ing a ft. uck jury, by confent of parties, and by our court be- 
 fore us, at fpecially appointed, to make a jury betweea 
 y. L. plaintiff and J. H. defendant, of a pica of trcfpafs 
 and ejeftment of farm, &c. and in the mean time, according 
 to the form of the ftatute in that cafe alfo made and provid- 
 ed, we command you that you have fix cf the firft twelve 
 of the jurors aforefaid, or any greater number of the famc» 
 to the feveral places in queftion, on the day of 
 
 nest, who then and there fhall have the matters in quef- 
 tion fliewn to them by F. V. efq. on the part cf the plain- 
 tiff and 0. P- on the part of the defendant, appointed by 
 our coui t before us, to Ihew the fcveral places aforefaid to 
 the jurors aforefaid, and in fach manner as this writ you 
 fhall have executed to us at at the day aforefaid do 
 
 you make return, and have you then there this writ. W!t» 
 Dcfs J- L. efq. chief juftice, at the day of in the 
 year of our independence. 
 0. P. attorney. Bloodgood, elk, 
 
 H'ljlringas for Jury at the Ctrcui/t, 
 The People, &c. To the Sheriff of county, greeting, 
 
 WE command you that you diftrain the feveral per- 
 fons named in the pr.nel to this writ annexed, ju- 
 rors, fumnioned in our court Etfore us, between plain- 
 tiff, and defendant, by all their lands and chattels in 
 your bailiwic, lo that neither they, nor any of them, do 
 intermeddle therewith, until you (hall have other com- 
 mand from us in this behalf ; and that you anfwer to us for 
 the ilfues of the fame, fo that you have their bodies before 
 us at ihe city of on the Tuefday of next ; [un- 
 kfs the juftices of our fupreme court, or fome, or one of 
 them, at a circuit court for the trial of all iffues joined 
 in the fupreme court, or in any other court, and brought 
 into the fupreme court to be tried, and which are or may 
 be triable in our faid county of on the day of 
 aext, at io the faid county according to the form of the 
 Si 2 iatute 
 
flatute In tliat cafe made and provided, dial] fooner cfimr, 
 to make*] a certain jury, betwefn the parties aforefaid, 
 cf a pica of and to hear their judgment of many de- 
 faults : And hive there then the names of that jury, and 
 this writ. Witnefs, &c. FairJie, clerk. 
 
 J^f. attorney. 
 
 * Or thus, " or before our chief juftice, or other juftice 
 or jiiflices of our faid court, fomt or one of them, at a cir- 
 cuit court appointed to be holden for the trial of caufea 
 arifing in the county of and brought to ilTue in 
 
 the faid fupreme court, or in any other couit, and brought 
 into the fupreme court to be tried, and which arc or may be 
 triable in our faid county of if any or either of them (hall 
 firil corne, on Tucfday the day of next; st the in 
 in the faid county of according to the form of the 
 Hatute in that cafe made and provided, to make," &c. 
 
 Or thus, if at thejitiir.gs ; " or before our chief jufticf of our 
 faid court, or in bis abfence or default, any other judge of 
 our faid court, at a fittings appointed to be holden for the 
 trial of caufes arifing in the county of and brought to 
 iffue in the faid fupreme court, or in any other court, and 
 brouglit into the (aid fupreme court to be tried, if any or 
 citl;er of them (hall firftcornc, ©n at according 
 to the form of the itatute in that cafe made and provided, 
 to make," &c. 
 
 D'l/lringas Juralores fit tie Circuits, <wkh Struck yury, and 
 order far View. 
 
 The People of the Stale of New- York, by the grace of Gcd^ 
 free and independent : To the Sheriff of Greeting. 
 
 "V7(7 E command you that you diftrain the feveral per- 
 fons named in the panel to this writ annexed, jurors, 
 fummoned in our fupreme court of judicature before, us be- 
 tween plaintiff, and defendant, l)y oil their lands 
 and chattels in your bailiwic, fo that neither they, nor any 
 «f them do intermeddle therewith, until you (hall have fur- 
 ther command fram us in this behalf, and that you anfwer 
 to us for the iiTues of the fame, fo that you may have 
 
 their 
 
t^eir bodies before us at the city of on the Tuef. 
 3ay of next (unkfs the jufticea of our fiipreme court, or 
 foiTie, or one of them, at a circuit court for ths trial of all 
 ifTues joined in the fiipreme court, or in any other court, 
 and brought into the fiipreme court to be tried, and whichr 
 are, or may be triable, in our faid county of on the 
 day of next, at in ihe faid county, according to the 
 form of the ftatate in that cafe made and provided, fhali 
 fooner come) to make a ceitain jury betwten the parties 
 aforefaid, of a plea of trefpafs and ejeSment of farm, and 
 to hear their judgement of many defaults, and in the mean 
 time, according to the form of another ftatute in fuch cafe 
 alfo made and provided, we command you, that you have 
 fix of the firtt twelve of the jurors afort faid, or feme greater 
 Humber of thfm, to the feveral places in queftion, fome con- 
 venient time before the trial, who then and there ihall have 
 the matters in queftion (hewn to them, by on the part 
 of the plaintiff, and on the part of the defendant, ap- 
 
 pointed by out court before its to /hew the feveral places 
 aforefaid to the jurors aforefaid. And in fuch manner a& 
 this writ you fliall have executed, to us at the city of 
 at the day aforefaid, do you make return, and have you 
 then this writ. V/itnefs, &c. 
 
 ' M. attorney. BloodgooJ, clerk. 
 
 Ft. Fa. on judgment for Plaint!^, in Ajfumpjit. 
 
 The People of the State of Ncw-Vork.by the grace of God 
 free and independent. To the Sheriff of 
 greeting. 
 
 "Y^E command you, that of the goods and chattels of 
 
 C. D. in your balliwic, your caufe to be made 
 dollars which /I. B. lately in our court before us recover- 
 ed againft the faid C. D. for his damages which he had 
 fuflained, * as well by occafion of the not performing cer- 
 tain promifes and undei takings by the faid C. D. to tlie faid 
 ^4. B. lately madt, as for his cofts and chaiges by him about 
 his fiiit in that behalf expended, whereof the faid C. D. is 
 convided, as to us appears of record ; and if fufficient goods 
 
and chatttis of the faid C. D. cannot be found in yo 
 bai!i*ic whereof you can caufe the damages aforefaid to be^ 
 made^ that then you caufe the faid damages, cofts and chaigeal 
 to be made of :he lands and tenements in your bailiwic where-l 
 of the faid C. D. was feized on the day of or atl 
 any time thereafter, and that you have that money before usl 
 at the city of on the Tuefday of next, to render 1 
 to the faid j4, B. for his damages, colls and charges aforefaid. i 
 And have you then there this writ. VVitnefs John Lanfing, « 
 jun. efquire, chief juftice, at the day of in the J 
 year of oui independence. I 
 B. attorney. Blood£ooJ, z\tt\:A 
 
 * In cjfault and battery, fay As well by occafion of a | 
 certain trefpafs and affault on the faid A. B. by the faid 
 C. D. lately made, as, &c. 
 
 In covenant'— well by occafion of a certain breachof 
 covenant lately made between the faid C. D. and the afore- 
 faid /f. B. as, for, &c. 
 
 Inejeflment As well by occafion of a certain trtfpafa 
 
 and ejcflment of farm of him the faid A. B. by him the 
 faid C. D. with force and arms, and againft our peace, done 
 at in your county, as for, &c. 
 
 In trefpafs As well of a certain trefpafs to the fame 
 
 B. by the aforefaid C. lately done by evafion, as for, &c. 
 
 In debt, As well by occafion of the detention of that 
 
 debt, as for, &c. 
 
 In trefpafs for defendant, For his cods and charge* 
 
 expended about his defence in a certain aftion of at the 
 fuit of the aforefaid A. 
 
 Ft. fa. in Debt. 
 
 The People of the State of New-York, hy the grace of Go 
 free and independent : To the Sheriff of 
 greeting : 
 
 "1X7 E command you that of the goods and chattels of 
 
 E. F. in your bailiwic, you caufe to be made 
 dollars, which G. H. lately in our court before us at 
 
 recovered 
 
IVrils, '^c. 
 
 201 
 
 recovered againft the faid E. for a debt : and alfo dol- 
 1 which were awarded to the faid G- in our fame court 
 t tfore us, for his damages which he fuftained as wcil by 
 rccafion of the detaining that debt, as for his cofts and 
 charges by him about his fuit in that behalf expended, 
 whereof the faid E. is convifted, as to us appears of record 
 — and if fufQcient goods and chattels of the faid E. cannot 
 be found in your bailiwic, that then you caufe the faid debt 
 and damages to be made of the lands and tenements in your 
 bailiwic whereof the faid E. was feized on the day 
 of one thoufand or at any time thereafter 
 
 — and have you thofc monies before us at the city of 
 on the Tucfday of next, to render to the faid G. 
 for his debt and damages aforefaid ; and have then there 
 this writ. Witnefs john Lanfing,jun. efq. chief juftice, at 
 the day of in the year of our independence, 
 L. M. afttorney. Fair lie, clerk. 
 
 Fi. Fa, in Cafe, againfl an AJminini/irator who confejjies tht 
 Debt. 
 
 The People, &c. To the Sheriff of greeting : 
 
 "IXTE command you that of the goods and chatteh 
 which were of E- F. at the tims of his death, in 
 the hands of G. H. adminiftrator of all and fingular the 
 goods and chattels, rights and credits, which were ef the 
 faid E. at the time of his death, who died inteftate, to be 
 adm nirttred in your bailiwic, you caufe to be made one 
 hundred dollars, which to y. K. lately in our courf before 
 us at were adjudged for his damages which he had fuf- 
 tained, as well by reafon of the non performance- of cer- 
 tain promifes and undertakings, made by the faid E. in his 
 lifetime to the fa^d J. as for his cofts and charges by him 
 about his fuit in that behalf expended, if he hath fo much 
 in his hands ; if he hath not fo much thereof in his hands, 
 then that ^■ou caufe to be made ten dollars, being tiie cofts 
 and charges of the {aid and parcel of the damages afore* 
 faid, of the proper goods and chattels of the faid G, ad« 
 miaiftrator at aforefaid : and that you have chat mciiey be* 
 
 fore 
 
If^ritt, i^c. 
 
 fore U3 at on die Tyefday of next, to render 
 to the faid G. for his damages afortfaid, and liaye there 
 then this writ. Wtinefj, ^c. 
 
 M. attorney. Fa'trile, clerk* 
 
 Fi. Pa, upon a Non Pros for not Jecfarinj. 
 
 The People, of the State of New-York, by the grace of 
 God fteo and independent. To the Sheriff of the coua" 
 ty of greeting. 
 
 WE command you that of the goods and chattels of 
 C. D. in your bailiwic you caiife to be made 
 dollars which to A. B. according to the form of the ftstute 
 in fuch cafe made and provided, were adjudged for his colls 
 and charges about his d^ fence in a certain adion in our 
 court btfoie us agaiaft the faid A. B. at the fuit of the faid 
 C. D. of a plea of v»hereapou the faid C. D. did not 
 afterwards profecute that aftion, and whereas tlie faid 
 C, D. h convifted, as appears to us of record ; and if fuf- 
 ficient goods ai d e'nttels of the faid C. D. cannot be 
 fouud in your bailiw ic, VKhsrcof you can cauft the co;1s 
 and chartres afortfaid to be made, that then of the lands 
 and tenements in your bailiwic, whereof the faid CD. was 
 fti'zed on the d^y of or at any time thi reafier, you 
 caufe the faid fum of to be aiade, and have that money 
 before us on the Tuf fday of next, at to tender 
 to the afo' efsid A. B for his coft'; and charges afore faid, 
 and have theie tiieri this writ. Witnti's Joiin Laufing, 
 jun. Effq- chief jullice, st ihe day of in the 
 year of our independence. 
 M. attorney. Blooclgood, clerk. 
 
 Ft. Fa. agahijl Manucapiores. 
 
 The People, &c. To the Sheriff of greeting. 
 
 XT 7E command you, that of the goods and chattels of 
 VV D. E. and F. G. both of your county, the noanu- 
 captorcs of C, D. in your bailiwic, you caufe to be made 
 
 dullais 
 
l^rils, bfe. 
 
 dollars /awful money of New- York, of debt, and alfo 
 . like money for damages, which ^V. B. hath fiiflained, 
 Well by occafion of the detention of that debt, as for 
 bis cofts and chare;e3 by him about his fuit in' that behalf 
 expended, according to the force, for in and etFc£t of the 
 recognizance by the fame D. E. and F. G in our court 
 before us to the aforefaid ji. B. for the aforefaid C. D. ac- 
 knowledged, whereof the fame C. D. is convifled as 4o 
 lis appears of record, wherefore, in our fame court before 
 US it i> confidered, that the aforefaid >. B. have thereof 
 hisexecmion againft the aforefaid manucaptores of :he debt 
 and damages aforefaid, according to the force, form and 
 efFeft of the recognizances aforefaid, by their default : and 
 if fufficient goods anJ chattels of the faid D. E. E.nd F. G, 
 cannot be found in your bailiwic, whereof you can caufe 
 the d;'jt and damages aforefaid to be made, that then of the 
 Jands and tenements in yourbsiliwic whereof the faid D. E. 
 snd F. G. or either of them were feized on the day of 
 in the year of our Lord or at any time thereafter, 
 you caufe the debt and carnages aforefaid to be made : and 
 have you that money before us at on the Tuefday 
 in next, to rrnder to the aforefaid A. B. for his debt 
 and damages aforefaid ; and have you then there this writ. 
 Witntfs John Lanfing, jun. Efq. chief ju (lice, at the 
 day of in the year of our independence. 
 
 M. attorney. . Bhodgood, clerk. 
 
 Ft. Fa. for Cofts, on Judgment for Defendant. 
 
 The People of the S:ate of New- Vork, by the grace of God 
 free and independent : lo the bheriiF of greeting. 
 
 WE command you that of the goods and chattels of 
 in your bailiwic, you caufe to lie made dollars 
 which to were adjudged for his corts and charge? by him 
 about liis defence in an attion of by the a'aref^iid 
 againft the fame in our court before us late!}' br«ugbt, 
 fullained, according to the form of the ilatute thereupn lately 
 made and provided ; and whereof the aforefaid is con- 
 vifled, as to us appears of record j and if fufficient goods and 
 
 chattels 
 
mils, tffc. 
 
 chattels of the faid . cannot be found in yoiirbailiwic where- 
 of you can caufe the cofts and charges aforelaid to be made> 
 that then of the lands and tenements in your baiiiwic where, 
 of the faid was feizcd on the day of or at any time 
 thereafter, you caufe to be made the faid fum of for cofts 
 and charges as alorefaid. And have you thofe monies before 
 us at <jn the Tuefday in next, to render to the faid 
 
 . for his cofts and charges aforefaid. And have you thea 
 there this writ. \\ iinefs, &c. 
 
 J. attorney. Bloodgood, cleik» 
 
 H't. Fa, for a Sum auoarded hy Referees 'in fa'jor of defendant 
 in Common Pleas. 
 
 The People of the State of New- York, by the grace of God 
 free and independent : To the Sheriff of the county of 
 Renffeiaer, greeting. 
 
 TX7E command you that of the goods and chattels of 
 
 G. H, in )out baiiiwic, you caufe to be made 
 dollars, which to J. K. were adjudged, as well from a cer- 
 tain balance reported to be due to him p'urfuant to a certain 
 afl in futh cafe made and providtd, in a certain adiion of 
 by the alorefaid f. K. againft the faid G. H. in our court be- 
 fore our judges and afiittant juftices lately brought, as for his 
 ccfts and charges by him about his defence in the faid adfion 
 failained, according to the form of a certain other adl in fuch 
 cafe made and provided. And if fiilEcient goods and chattels 
 of the faid G, H. cannot be found in your baiiiwic, that then 
 you cdufe the laid fum of dollars to be made ot the 
 
 Ja:ids and tenements in your baiiiwic whereof the faid G, H. 
 Vv-as feized on the day of in the year one thoufand eight 
 hundred and or at any lime thereafter, and have ihofe 
 monies before our judges iind affiltant juflices of the court of 
 common pleas to be holden for the county of Rei.fT' laer afore- 
 faid, at on the Tuefd.iy in next, to render to the faid 
 J. K. for the balance and cofts fo as aforefaid adjudged to 
 him. And have you then there this writ. Witnefs Anthony- 
 Ten Eyck, efquirc, firft judge of our faid court, at Troy, the 
 day of in the year of our independence. 
 W. Attoriie)'. Schuyler, clerk. 
 
 Vtndinont 
 
IVrifs, ^e. 
 
 V tnditioni Exponas. 
 
 People of the State of New- York, by the grace of God 
 free and independent : To the Sheriff of, &c. greeting ; 
 
 '^^HEREAS we lately commanded you, that you 
 ihould caufe to be levied of the goods and chattels 
 .of C. D. fifty dollars, which A. B. lately in our court be- 
 fore us at Allanyy recovered againtl him for a debt, and 
 alfo dollars, which were awarded to the fald ^. in our 
 fame court before us, for his damages which he fuff-ained as 
 well by Gccafion of the detaining that debt, as for his cofts 
 and charges by him about his fuit in that behalf expended,, 
 whereof the faid C. is convifted, as to us appears of record 
 —and have you thofe monies before us, at the city of 
 on the Tuefdayof next, to render to the faid A. 
 ■for his debt and damages aforefaid ; and you at that day re- 
 turned to us al that you had levied of the goods and 
 chattels of the faid C. to the value of the debt and damages 
 aforefaid, which faid goods and chattels remained in your 
 hands for want of buyers : therefore we being defirous that 
 the faid y^. be fatisfied for his faid debt and damages, com- 
 mand you that you fell, or caufe to be fold, the faid goods 
 and chattels and ev.ery part thereof, for the belt price that 
 can be got for the fame, and at leaft for the debt and dam- 
 ages aforefaid, fo that you have the money arifing from fuch 
 falc before us at on to render to the faid plaintiff 
 
 for his debt and damages aforefaid ; and have then there 
 this writ. Witnefs, &c. 
 
 Venditioni Exponai of part pojl, Fi.Fa. levied on Munacaptons, 
 
 The People, &c. To the Sheriff of greeting t 
 
 ^^^HERP^AS to you, by our writ, we lately command- 
 ed that of the goods and chattels of D. E. and 
 F. G. both of your county, the nnanucaptores of C. D. in 
 your bailiwic, you would caufe to be made dollars, law- 
 ful money of New-York, of dtbt, and dollars damages, 
 to render to A. B. according to the form and efFeft of an 
 adjudication of execution upon a recognizance by the fame 
 
 S D.E. 
 
206 
 
 Writs, ^c. 
 
 D. E. and F. G. to the aforefaid y1. B. in our court, be- 
 fore us, at acknowledged, as to us appears of record ; 
 and that the money you (hould have before U3, at on 
 the Tuefday in now laft paft, to rentier to the afore- 
 faid and you at that day returned to ua, that by virtue 
 of the writ aforefaid to yon dircAed, of the goods and chat- 
 tels of the aforefaid D. E. and F. G. you had taken to 
 the value of dollars, parcel of the debt and damages 
 aforefaid, ivhich remained in your hands unfold for the 
 want of buyers, and that the money aforefaid before us at 
 the day and place aforefaid, you could not have ; and that 
 the faid D. E. and F. G. had not other more goods and 
 chattels within your bailiwic whereof the refidue of the 
 dibt and damages in the aforefaid writ contained, or any 
 parcel thereof, you could caufe to be made ; tlicrefore we 
 command you that the goods and chattels aforefaid by you 
 in form aforefaid taken, you expofe to fale, and that money 
 have you before us, at on the Tuefday in 
 rext, to render to the aforefaid A. B. and have you then 
 there this writ. Witnefs y. L. efq. chief juftice, at 
 the day of in the year of our independence. 
 T. attorney, Bloodgood, clerk, 
 
 Ca. Sa. in Debt. 
 
 The People of the State of New- York, by the grace of God 
 free and independent : To the Sheriff of Albany, greeting. 
 
 T\7E command you that you take fT. Z). if he may 
 ' be found in yo\ir bailiwic, and him fafely keep, fo 
 that you may have his body before us at Albany, on the 
 ihird Tuefday of July next, to fatisfy A. B. of one hundred 
 dollars of debt, which tlie faid J. B. lately in our court be- 
 fore us, recovered againft the faid C. D. as alfo twenty-Ji've 
 dollars, which were adjudged to the faid A. in our faid 
 court before us, for his damages, which he fuftained as well 
 by the means of detaining that debt as for his cofts and 
 charges, by him about his fuii in that behalf expended, 
 v/hereof the faidCi'. is convifted, as appears to us of record ; 
 End have you then there this writ. Witnefs, &c. 
 
 yif. attorney. Fairlie, clerk. 
 
h'ote. If the Ca. Sa. be in ea/e, proceed as in debt leav- 
 ing out the word Jtbt, and fay, " which the faid lately 
 • in our court before us, at the eity of Albany, recovered 
 againft the faid C. for his damages, which he fuftaincd as 
 well by occafion of the not performing certain promifes and 
 undertakings lately made by the faid C. to the faid as 
 for his cofts and charges by him about his fuit in that be- 
 half expended, whereof the faid C. is convicted as," &c. 
 clofing like the above in debt. 
 
 In covenant, — For his damages, which he fuftained as well 
 by occafion of the breach of a certain covenant lately made 
 by the faid C. to the faid yi. as for, &c. 
 
 In irefpafs, — As well by occafion of a certain trefpafs 
 lately committed by the faid C. to the faid A. as for, &c. 
 
 In ejeBment, — As well by a certain^trefpafs and ejeftment 
 lately committed by him the faid G. to the faid A. as alfo 
 for, &c. 
 
 For the defendant on n non pros, — To fatisfy A. B.Jixty 
 dollars, awarded to the faid A. according to the form of the 
 flatute in that cafe made and provided, in our court before 
 us, for his expences and cods in a certain aftion of 
 'againft the faid at the fuit of the faid C. for that the faid 
 C. hath not profccuted the faid adtion ; and have then there 
 tlm writ. Witnefs, &c. 
 
 For an adminl/lrator, in debt, — To make fatisfa£tion to 
 y. K. adminiftrator of all and fingularthe goods and chat- 
 tels, rights and credits, which were lately of and belonging 
 to G. H. deceafed, who died inteftate, for Jive hundred doh. 
 debt, and alfo iiventj dollars for his damages, which he fuf- 
 tained as well by occaUon of the detaining that debt, 
 as for his colls and charges by him in ptofecuting the faid 
 fuit, and whereof the faid C. is convidted as appears to us 
 of record ; and have you then there this writ. Witnefs, &c. 
 
 N. attorney. Bloodgovd, clerk. 
 
 €a. Sa, 
 
2o8 Wr!/j, isfe. 
 
 Ca. Sa. vs. Manucaptores pojl Fi. Fa. 
 
 The People of the State of New- York, by the grace of God, 
 free and independent : To the Sheriff of, &c. greeting : 
 
 ■Y;^KER.EAS by our writ we iately commanded that 
 of the goods and chattels of bot^i of your coun- 
 ty, the manucaptores of in your baili wic, you (hould 
 cairfe to be made one hundred dollars of debt, and five dol- 
 lars damages, to render to B. according to the forfn and 
 effeft of an adjudication of an execution upon a recogni- 
 zance by the fame to the aforefaid in our courts 
 before us, at acknowledged, as appears to us of record 
 — and if fufficieni goods and chattels of the faid could 
 not be found in your bailiwic whereof you could caufe the 
 debt and damages afortfaid to be made, that then of the 
 lands and tenements in your bailiwic whereof the faid 
 and were feized on the day of in the year of 
 bur Lord or at any time afterwards, in whofe handa 
 
 foever the fame fhould be, you ftiould caufe tlie fame to be 
 made, and that thefe monies you (hould have before us, at 
 on the Tuefday in now lall pad, to render to 
 the aforefaid for his debt and damages aforefaid. And 
 you at that day made return to us, that of the goods and 
 chattels of the aforefaid you had caufed to be made 
 
 twenty dollars, parcel of the debt and damages aforefaid; 
 and furitier certified, that the aforefaid had not any 
 
 oiher, ov more goods and chattels, lands or tenements with- 
 in your bailiwic ; therefore we command you, that you take 
 the aforefaid if they fhall be found within your bailiwic,' 
 and them fafely keep, To that you may have their bodies be- 
 fore us, at on the Tuefday in next, to fatlsff 
 to the aforefaid .fifty dollars of debt, and five dollars 
 damages of the aforefaid one hundred dollars of debt and 
 five dollars damages aforefaid, refidue ; and have you then 
 there this writ. Wiinefsjohn Lanfing.jun. efq. chief jufticC, 
 at the day of in the year of oar independence. 
 M. attorney. Bloodgood, clerk. 
 
 Ca. Sa. 
 
Writs, ^e. 
 
 209 
 
 Ca. Sa. pofi Fi. Fa, de Bonis Profriis. 
 The People, &c. To the Sheriff of greeting : 
 
 ■TXTHEREAS we lately commanded, &c. £Here recite 
 
 all to be recited in the Ji. fa. de bonis prnpriis to "by 
 the /aid turU it was commanded'" whereupon in our court 
 before us, at aforefaid, it was confidcred that the faid 
 
 fliould have execution of the debt aforefaid, againft the 
 faid of her own proper goods and chattels, to be levied 
 by means of her default, wherefore we then commanded 
 you, that cf the proper goods and chattels, or for want 
 thereof, of the lands and tenements of the aforefaid 
 
 in your bsillwic, you (hould caufe to be made the debt 
 aforefaid, and that you (hould have ihofe monies before us, 
 at on the Tuefday of inftant, to render to the ^m- 
 aforefaid for his debt aforefaid. And you at that day 
 to M% made return, that the aforefaid had no proper 
 
 goods or chattels, lands or tenements in your bailiwic where- 
 of the debt aforefaid or any part thereof you could caufe to 
 be made, therefore we command you, that you take the faid 
 
 if, and, 6cc. her lafely, &c. (as in common ca. fa's.) 
 
 Tejlatum Fi. Fa. in Cafe. 
 
 The Peop'e of the State of New-York, bv the grace of 
 God free and independent : To the Sheriff of Ontario, 
 greeting. 
 
 command you that of the goods and chattels of CD. 
 in your bailiwic, you caufe to be made three hundred 
 dollars, which E. F. in cur court before us, at recov- 
 ered againft the faid C. for his damages, which he fuftained 
 as well by mefns of the not performing certain promifes and 
 undertakings lately rrade by the faid C. to the faid £. as for 
 his cofls and chsrges by him about his fuit in that behaff 
 expended, whereof the fsid Cisconvided, £s appears to us 
 of record ; and if fufficient goods and chattels cf the faid C. 
 cannot be found in your bailiwic, that then you caufe the 
 faid dataages to be made of the lands ar*d tenements in your 
 S 2 bailiwic 
 
2'XO 
 
 bailiwic whereof the faid C. was fclzed on the day of 
 one thoufand or at any time thereafter; and have you 
 thofe moniss Ijefore our Judi'ces of our fupreme court, at the 
 city of on the day of next, to readcB 
 
 to the faid E. for his damages aforefaid : And where- 
 upon the faid flierifF of Tioga, at a certain day now palt, 
 returned to us, that the faid C. had not any goods cr chat- 
 tels, lands or tenements in his baihwie whtreof he could 
 caufe the damages aforefaid or any part thereof, to 
 be made ; whereas it is fufBciently leftified in our 
 fame court before us/ tliat the faid C. hath fufScient good* 
 and chattels, lands and tenements in your bailiwic, whereof 
 you may caufe to be levied the debt aforefaid, and every 
 part thereof : and have you then there this writ. Wit- 
 aefs John Lanfing, jun, cfq. chief juilice, at the 
 day of in the year of our independence. 
 J. T. attorney. BloodgooJ, clerk. 
 
 Tejiatum Fi. Fa. in Debt. 
 
 The People, &c. to the Sheriff, &c. greeting, &c. [tii> 
 the end of the fi. fa.] and whereupon the fheriff of 
 at a CO tain day now paft, returned to us, thai, the faid 
 had not any goods or chattels, lands or tenements, in hiV 
 bailiwic, whereof he could caufe to be levied the debt and' 
 damages aforefaid, or any part thereof; whereas it is tcfti- 
 fied in our fame court before us, that the faid Iwth fufS^ 
 cient goods and chattels, lands and tenements, in your baili- 
 wic, whereof yon may caufe to be levied the debt and- 
 damages aforefaid, and every part thereof ; and have thea> 
 there this writ. 
 
 WitDcfs, &c. D. clerk. 
 
 Tejiatum Ga. Sa. In Belt. 
 
 •The People of the State of New- York, by the grace oF 
 Godj free and independent. To the Sheiiff of 
 greeting. 
 
 \;y'E command ybu that you take C. D. if he may be 
 found ia your bailiwic, and him fafely keep fo that 
 you may have his body before us at on next, to- 
 
 faiisfy 
 
Mortis, ifc. 
 
 21i 
 
 fati'sfy ^i} B. dollars, which the fald A. lately In our 
 court before us recovered againll the fald C. for his dama- 
 ges which he fuftained, as well by means of not performing 
 certain proinlfes, and undertakings, lately made by tlie faid 
 C. to the fai'd A. as for his cofts and charges by him about 
 his fuit in that behalf expended, whereof the faid C is con- 
 vified, as appears to us of record : and whereupon our 
 flierifF of hath made a return to us, at a certain day 
 now paft, that the faid C. was not found in his bai!iwlc» 
 and thereupon the behalf of the faid /}. it is fiifliciently 
 tellified in our fame court before us, that the faid C. doth 
 lurk ?nd ft-crete himfelf in your county, and have then 
 aere this writ, Witncfs, &c. 
 
 Fturlie, clerk, 
 
 F. attorney. 
 
 Cn. Sa. in Tarn, 
 
 . To fatlsfy A. B. who fues as well for us as for hlmi- 
 felf, In this behalf dollars debt, which the faid A. who 
 fues as aforefaid, lately in our court before us, at ^ by 
 bill withont our wrir, and by the judgment ot the fame 
 court, recovered again ft the faid C. that is to fay, one 
 moiety thereof, to wit ; the fum of dollars to the afore- 
 faid A, who profecutes as aforefaid, to his own proper ufe, 
 and the other moiety thereof to our own proper ufe, ac- 
 coiding to the form of the Katute in luch cafe made and 
 provided, whereof the faid C. is convidted, as appears to 
 us of record ; and have then there this writ. IVilnefs, Iffc, 
 
 i». dk, 
 
 M. attorney. 
 
 Attachment of Privilege. 
 The People, &c. To the Sheriff of greeting. 
 
 ATTACH if, &c. and him keep fo that you may 
 have his body before us at on the day of 
 to aoTwcr geallemau, one of the aitornies of our fa- 
 
 preme 
 
Writs, idc. 
 
 preme court, [or, of our court of common pka» of our 
 county of ] according- to the liberties and privileges of 
 fuch an attorney of tl Tame court, from time whereof the 
 memory of man is not to the contrary, ufed and approved 
 in the fame court, of a plea of trefpafs : aed alfo to a bill 
 of the faid againft the faid for dollars upon 
 promifes, according to the cuftom of our faid court before 
 us then and there to be eihibited : and have then there tht» 
 writ. 
 
 JVitnefs, Isfc. 
 
 /I. B. in propria perfoaa. L. elk. 
 
 Attachment againjl the Sheriff' for Contempt. 
 The People, &c. To the Coroner of greeting. 
 
 WE command you that you attach efq. (herifF of 
 if he (hall be found in your bailiwic, fo thai 
 you may have his body before us, at on the Tuefday 
 in next, to anfwer us of and concerning thofe things 
 which to him on our behalf fhall then and there be objedl- 
 ed : and further to do and receive what our faid court, con- 
 cerning thofe things, lhall then and there confider in that 
 behalf : And have you then there this writ. Witnefs John 
 Lanfing, jun. efq. chief jiiftice at the day of 
 iu the year of our iodependence. 
 
 L. clk. 
 
 Writ to the Coroner to fummon the Sheriff. 
 The People, &c. To our Coroner of greeting. 
 
 WE command you that yon fummon efq (herifF, &c. 
 to appear before us, at on the Tuefday in 
 next, to anfwer in a plea of trefpafs : and alfo to a 
 bill, &c. (as the cafe requires :) and have you then there 
 this precept. Witnefs John Lanfing, jun. efq. chief juf- 
 ticc, at the day of in the year of our indc* 
 pcndence. 
 
 Y, attorney. L. clk. 
 
 Writ 
 
H^r'its, t^c. 
 
 273 
 
 Wri/ of Inquiry on Covenant. 
 
 The People of the State of New- York, hy the grace of God 
 free and independent. To the Sheriff of greeting. 
 
 ■y^^HEREAS ji. B. lately in oar court before us at 
 
 by bill without our writ impleaded C. D. in cultody, 
 &c. for, &c. \frahe in the luhole declaration. Vfriatim^ and 
 fuch proceedings were thereupon had in our faid court, be- 
 fore us that the faid A. B. his damages by occafion of the 
 breaking the covenant aforefaid, againft the faid C. D. 
 cught to recover, but becaufe it is unknown to us what da- 
 mages the aforefaid A. B. hath fudained by occafion of the 
 breaking the co?enant aforefaid, we command yon, that 
 by the oaths of twelve good and lawful men of your bailiwic, 
 you diligently enquire what damages the fame A. B. feath 
 fuftained, as well by occafion of the breaking of the cove- 
 nant aforefaid, as for his cofts and charges by him about hia 
 fuit in iliai behalf expended. And the inquifition which 
 you ftiall thereupon take you fiiall make manffeft before us, 
 at on the Tnefday in next, under your feal, and 
 the feals of thofeby wLofe oaths you (hall take that inquifi- 
 tion : and have ycu then there the names of thofe jurors and 
 this writ. Witnefs, &c. 
 
 Inquijition. 
 
 1 NQfJiSlTION indented and taken at in the coanly 
 X of on the day of in the year of our in- 
 dtpsndence, befc re ms efq. fheriff of the county of 
 by virtue of a writ of the people of the (late of New- York, 
 to me dirtfted, and '.-j this inquifition annexed, to inquire 
 of and cpx)n certain matters in the fame writ contained and 
 fpeciried, by the oaths of good and lawful men of my 
 bailiwic, who, qpon their oaths fay, that A. B. in the faid 
 writ named hath firlained damages by occafion in the fame 
 ■writ mentioned, btfidc his cofts and charges by him about 
 bis fuit in that behalf expended, to and for thofe cofls 
 and charges to In teftimony whereof, as well I the faid 
 fheriff, as the juiors aforefaid to this inquifition, have put our 
 feals, the day and year above written. 
 
 Writ 
 
Writs, isfc. 
 
 Writ of Pojfcjfton, on 'Judgment againjl the cafual EjeSori 
 The People, &c. To the Sheriff of greeting, 
 
 WHEREAS James Jackfon lately In our court be- 
 fore UG, at by the condition of tht fame court, 
 haih recovered his term yet to come, of and in eigh- 
 ty acres of arable land, eighty acres of pafture land, 
 eighty acres of meadow land, eighty acres of wood land, 
 and eighty acres of land covered with water, with appur- 
 tenances, in Oyfter-Bay, in your county, agaiiift Tohn 
 Stiler, which R. the day of in the year of our Lord 
 to the aforefaid James Jackfon, had demifed, to have 
 and to hold the premifes aforefaid, with the appurtenances, 
 to him and his afligns, from day of then laft pall 
 unto the full end and term of from thence next enfuiag, 
 and fully to be complete and ended, which is not yet pad : 
 and, wheiefore the aforefaid John Stiles the fame James 
 Jackfon from his pofliffTion thcieof did expel and amove, 
 and the fame James Jackfon, from his term aforefaid did 
 e}cft, therefore we command you that to the aforefaid 
 James Jackfon, his pofltflion of his term aforefaid, yet to 
 come, of and in the tenements aforefaid, with the appurte- 
 nances, without delay, you caufe to have, and in what man- 
 ner this our precept you (hall have exeeuttd, you make 
 maniftft before us at the city of on the Tue/day 
 in next ; and have you then there this writ. 
 
 M. attorney. Fairlie, clerk. 
 
 Report of Referees. 
 J. W. vs. L. F. 
 Court of Connmon Pleas of county. 
 
 WE and two, and the 
 
 major part of the referees, to whom the above 
 caufe was referred, in the term of latl, by rule of the 
 above court, agreeably to the att of the Icgiflature in that 
 cafe made and provided, do moft humbly report to the faid 
 court, and award, that there is due from the defeodunt to 
 
 the 
 
fVnts, yr. 
 
 Ac plaintiff the fum of dollars, of lawful money of the 
 Hate of New- York. In witnefs whereof we have hereunto 
 fet our hands^ad feals, this day of, &c. C". 
 
 fr.c. 
 
 Return of a Refcue fr*m a Bailiff' pro hac vice. 
 
 BY virtue of the writ of the people of the ftate of 
 to me diredtd, and to this fchedule annexed, for the 
 execution of the fame, I made ray warrant to F. H. my 
 bailiff for his term only, to ferve the faid writ, which faid 
 bailiff afterwards, to wit, on the day of in the year 
 of our Lord at in the county of and withia 
 ay bailiwic, by virtue of the faid warrant, took and arreft- 
 ed the faidyf. B, and him the faid A. B. then and there 
 had : Whereupon afterwards, to wit, on the day and year 
 aforefaid, at aforefaid, in the county aforefaid, the faid 
 A. B. together with J. S. and other perfons to the bailiff 
 jltogether unknown, with force and arms, to wit, with fifts 
 and flicks upon ray faid bailiff then and there made an af- 
 fault, and beat, wounded and ill treated him, and refcued 
 the faid yf. B. from the cuftody of my faid bailiff, and that 
 the faid /f. B. refcued himfelf from the cuilody of my faid 
 bailiff againft the will of my faid bailiff, and went and de. 
 patted at large whither he would, in contempt of the writ 
 of the people aforefaid, and againft the peace of the people 
 aforefaid, and afterwards the laid y/. is not to be found 
 srithin my bailiwic. JiL W. fheriff. 
 
 Pttition to a Judge for Bail in jlJfauU and Battery, 
 
 To the hor.orable the Jnflices of the Supreme Court of the 
 State of New- York, or either of them. 
 
 The petition of A. B. of in the county of hufbandman, 
 
 Humbly Slieweth, 
 
 THAT your petitioner, on the day of was af- 
 faulted and barbaroofly wounded and beaten by C. D. 
 as by the annexed affidavit will appear, your petitioner there« 
 
 fore 
 
2i6 
 
 Writs, l^'c. 
 
 fore humbly prays that, in tender confideration of the pre^ 
 roifes, th-: defendant may be holden to bail by order of your 
 hoaors, or of one of you, in the funj of • 
 
 And your petitioner (hall ever pray, &c. 
 
 N. B. To this petition there muft be an affidavit annexed, 
 fetling forth the circumftar.ces. 
 
 Habeas Corpus to a Mayor's Ct?irt. 
 
 The People of the State of New- York, by thf, grace of God 
 free and independent : To the Mayor, Recorder and Al- 
 dermen of tlic City of greeting. 
 
 TXTE command you that you have the body of C. D, in our 
 prifon under your cul^ody detained, as is faid, under fafe 
 and fecuie conduct, together with the day, and caufe ot his 
 caption and detention, by whatfoever name he is known in 
 the fame, before us, at our next fupreme court ot judicature, 
 to be holden at on the Tuefday in next, 
 
 to do and receive all and finguiar thofe things which our fame 
 liipreme court thereupon, then and there, in this behalf, lhall 
 confider. And have you then there this writ. Witnefs 
 John Lanfing, jun. efquire, chief juftice, at on the 
 day of in tlic year of our independence. 
 
 M. attorney. B. clerk. 
 
 Return to the above W nt. 
 
 "VA/E, the mayor, recorder and aldermen of the city of 
 
 mentioned in the writ lo which this fchedule is annexed, 
 to the juftices of the people of the ftate of New-York, in the 
 fame writ named, do humbly certify, that before the coming 
 of the writ to this fchedule annexed, to wit, on the day 
 of in the year ot our independence, C. D. in the faid 
 writ mentioned, was taken at the ward of the city of 
 aforefaid, and within tiie jurifdi<f\ion of this court, and there 
 in the prifon of the people aforefaid, under our cuftody was 
 detained by virtue of a certain plaint in our court aforefaid 
 agaiuH him levied, at the fuit of ^, B. in a plea of trcfpfs 
 upon the cafe, to the damage of the faid A. B. dollars as 
 
IVrils, ^c. 
 
 is faid. And this is the caufe of the caption and detentioit 
 of the faid C. D. the body of which C. D. at the day and 
 place in the faid writ contained, we have ready, as to us ic is 
 cominanded. 
 
 Certiorari to the General Sejfions, to remove an IndiSlment into 
 the Supreme Court. 
 
 The People, &c. To our juftices of our county of our 
 peace within our faid county to keep ; and alfo divers 
 felonies, trefpaffes and other mifdemeanors in our faid 
 county perpetrated to hear and determine, afligned, and 
 every of them, greeting. 
 
 WE being willing, for divers caufes, that all and fingu- 
 lar the indiftments and prefentments, in which 
 A. B. in the fame indidinents and prefentments named, be- 
 fore you is indifted or prefented, (hall be determined before 
 iiA, and not eIfev»hcre,Wc command you, and every of you, 
 that the indit\ments and prefentments aforefaid, and the re- 
 cognizances, and all things touching or concerning the 
 fame by whatfoever name the faid A, B. in the fame is na- 
 med, before us, at our next fupreme court of judicature, to 
 be bolden at on the Tuefday in next, under 
 your feals, or the the feal of one of you, you fend together 
 with this writ, that we may further thereupon, caufc to be 
 done what of right, and according to the cuftoms and laws 
 of this (late, ought to be done. Witnefs R. M. efquire, 
 chief jullice, at the day of in the year of 
 our independence. M'KeJfon, clerk. 
 
 Return. 
 
 Allan IT virtue of a writ of the People of the State 
 
 yij/- JD of New- York, hereunto annexed, and de- 
 livered unto me E. F. one of the juftices of the faid people in 
 the faid writ named, this bill of indiAment, whereof mention 
 is made within the fame writ, with all things unto the fame 
 bill of indidlment belonging, to the people of the ihte of 
 
 T New- 
 
2lS 
 
 I<iew York, at at the day in the writ annexed mentioq* 
 
 ed, diftinftly and openly, under my feal, 1 do hereby certi- 
 fy. In teltimony whereof, ], the faid JS. F. to thefe prefents 
 have affixed feal. Dated the day of in the 
 year of our independence, 
 
 Ceri'iorari to a 'Jufl'tce, for trial ef cnufes under the /III t>f the 
 Ltgijlature of the State oj New-T rk "for the more fpeedy 
 recovery of debts to the value of ten pounds," fujfed April 
 17, 1787. 
 
 The People of the State of New- York, by the grace of God 
 free and independent, to efquire, one of our jnfticea 
 onr peace in oar county of to keep ; and alfo divers fe]o« 
 nies, trefpafTts and other mifdemenore in the county afore- 
 faid perpetrated to hear and dttermiHC, afligncd, greeting, 
 
 WE being willing to be certified of a certain plaint ii) 
 our court before you, without oqr writ, againft- 
 at the fuit of in a plea of trefpafs on the cafe, as is faid^ 
 lately levied, and of the pleadings, judgment, execution, 
 procefs and proceedings of the fame plaint : we comman4 
 you that the plaint aforefaid, and alfo the pleadings, judg- 
 ment, execution, proctfs and proceedings aforefaid, with all- 
 things touching the fame, as fully and amply as thr fame be« 
 fore you remain by whatfoevcr names the parties afore* 
 faid ia the fame arc named, before us at our city of 
 on the Tuefday in next you fend openly and dif- 
 tindlly, under your feal, together with this writ, that we 
 may do therein whai of right ought to be done. Witnefg 
 efquire, chief julb'ce, at the day of in the 
 year of out independence. 
 W. G. attorney, Bloodgeod, Clerk. 
 
 The Retura to the above W rit. 
 
 /r T ^ ^* o"^ the jiiftices of the peace 
 jilbatiy, J. ^ pg^pjg jj,^ of j^g^ Yo^j^^ the 
 
 peace of the faid people in and for the county of to 
 l^eep, and alfo divers felonies, ticfpafles and other mifdc- 
 
 meanor^ 
 
219 
 
 ftieatlors in the faid county perpetrated to hear and detcN 
 mine, afligncd, in the faid writ of the people to mc direfted, 
 named to the people of the flate of New- York, do certify, 
 that before the coming to me of the faid writ, to wit, on 
 the day of in the year of our Lord at the to wa 
 of in the county of S. C in the faid writ named, 
 came into th« court of the faid people, before me the faid 
 E. IV. then being one of the julliccs of ihe peace for the 
 faid county of and then and there affirmed his plaint 
 againft S. T. in the faid writ alfo named, in a plea of 
 to his damage of ten pounds or under, and prayed of me 
 proccfs agaiiifl the faid 5. T. by whereupon at the pray- 
 er of the faid \. C. and in purfuance of the aft of the le- 
 giflature of the ftate of New- York, entitled " An aft for 
 the more fpeedy recovery of debts to the value of ten 
 pounds," paffed the fevtnteenth day of April, one thou- 
 iand feven hundred and eighty feven, I the faid E. W. did 
 iflue a dircfted to any of the conftables of the town of 
 where the faid .S. T. then dwelt, theieby requiring 
 the faid conftable to fummon the faid 5. T- to appear be- 
 fore me at the dwelling houfe of H. S. in the town of 
 aforefaid, on the day of then next, at o'clock 
 in the noon of the fame day, to anfwer the faid S. C. 
 in a plea of to his damage of ten pounds or under, 
 which faid was then dtliveied to y. T. one of the con- 
 flables of the faid town of in the county aforefaid, who 
 afterwards, to v/lt, on the faid day of in the faid 
 year of our Lord returned thereto that the fame was 
 duly and perfonally fervsd on the faid S. T. by reading 
 the fame in his hearing On which faid day of 
 the faid S. C. and the faid 5. T. appeared in their proper 
 perfons in the court of the faid people, before me the faid 
 E, IV. and thereupon the faid 5. C. complained againft the 
 faid T. for this, v'z that whereas the faid S C. \Here 
 in fert the words of the declaration and plea as made before the 
 jujlice'^ and upon this the laid 5. C. in purfuance of the 
 eighth feftion of the faid aft, did demand of mc the faid 
 E. IV, that the faid afttou (hould be tried by a jury ; and 
 upon fuch demand 1 the faid E. IV. holdicg the faid court 
 
 for 
 
220 
 
 Wr'ttt, i^c. 
 
 for the trial of the fai'd caufe upon the faid day of 
 aforefaid, at the town and in the county afortfaid, did iflue 
 a venire direfted to any conftable of the town of com« 
 manding him to fummon twelve good and lawful men, being 
 freeholders of the faid town of in the county aforefaidt 
 who (hould be in no wife of kin either to the faid S. C. plain- 
 tiff, nor to the faid S. T. defendant, and not interefted in th« 
 faid caufe, to be and appear in the faid court of the faid peo- 
 ple, before me the faid E. IV. at the dwelling houfe of the faid 
 //. 5. in the town of aforefaid, on the day of 
 then next, at o'clock in the noon of the fame day, 
 to make a jury for the trial of the fame caufe ; which faid 
 venire was then and there delivered to J. T. one of the con- 
 ftables for the faid town of to be executed according to 
 law. At the requcft of the faid S. C. and by the confcnt of 
 the faid S- T. 1 adjourned the faid court for the trial of the 
 faid caufe to the day of then next, at the dwelling 
 Loufe of the faid H. S. in the town of aforefaid, at 
 o'clock in the noon of the fame day, and gave the faid 
 parties day to appear in the faid court of the faid people be* 
 fore me until the faid day of on which faid 
 day of the faid S. C. and 5. 7". appeared in their pro- 
 per pctfons in the faid court of the faid people before me, 
 viz. at the houfe of the faid H. S. in the town of afore- 
 faid. And the faid y. T. did then and there make due re- 
 turn of the faid venire, and annexed a pannel thereto con- 
 taining the names of twelve freeholders ; and the names of 
 the perfons fo impanneled were written on feveral and dif- 
 tinft pieces of paper, as nearly of one fize as could be, and 
 were delivered to me the faid E. I/, by the faid conftablc, 
 rolled up as nearly as could be in the fame manner, and put 
 together in a box, and thereupon I the faid E. IV. did dravr 
 out fix of the faid papers, one after the other, on which the 
 following perfons were named, who did appear and were not 
 challenged, and being approved of by me ihe faid juftice at 
 indifferent between the faid parties, and were fworn well and 
 truly to try the matter in difference between S. C. the 
 plaintiff, and S. T. the defendant, and a true verdifl to give 
 according to evidence, viz. IHere name ihefix juron.J And 
 
 after 
 
Declaration. 
 
 221 
 
 after the jury had been fo fworn they did fit together, and 
 did hear the proofa and allegations of the faid parties, which, 
 were delivered in public in their prtfence. And the feveral 
 witncffe? introduced by the faid parties were alfo fworn, as is 
 alfo direfted in and by the eighth feclion of the faid act. And 
 after the faid parties had iinilhed their proof* and allegationa, 
 the faid y. 7. there being conftable as aforefald, was tiiea 
 and there fworn to attend the faid jury and to the utmoft 
 of his ability, to keep that jury together in fome private and 
 convenient place, without meat, &c. as is alfo diredled in 
 and by the faid aft. And the faid jurors were then and 
 there kept together and apart by themfelves, in a private 
 and convenient place, attended by the faidJ7. 7*. the conlla- 
 ble, until they had agreed upon their verdift ; and when the 
 faid jury had agreed upon their verdift they returned into 
 the faid court and delivered their faid vtrdift to me the faid 
 jufticc, whereby they found that {_Here tnfert the verciid 
 agreeable to the nature of ihe cafe.'] And thereupon I the faid 
 E. W. did adjudge, confider and determine that the faid S. C, 
 fhould recover againft the faid ■S. 7*. the faid fum of dol-. 
 lais by the faid jury in form aforefaid affeffcd, and alfo cofts 
 of fuit ; the bill of which coll is annexed to the writ of the 
 faid people. 
 
 Given under my hand and feal at, &c. £. IV. s.^ 
 
 ADDITIONAL FORMS. 
 
 Diclaraticn on a Muluatus, 
 
 Supreme Court, of the term of in the year 
 
 of our Lord one thoufand eight hundred 
 
 Gulehefs, (T. /I. B. complains of C. D. in cuftody, &c. 
 of a plea that he render to the faid j4. B. doliars of 
 lawful money of the ftate of New-York, which the faid 
 C. D. owes to the faid ^. B. and unjuftly detains from 
 him for that, to wit, that whereas the faid C. D on the 
 day of in the year of oui Lord one thoufand eight 
 hvmdred at and in the county of borrowed of 
 T 2 the 
 
322 
 
 Declaration. 
 
 the faid A. 5. the aforefaid to be paid to the faid A. B. 
 when he Qijuld be thrreunto required : Niverthelefs the 
 faid C. D. although often required, &lc. hath not yet paid 
 the faid to the faid A. B. but hitherto hath refuted 
 and ftill doth refufe to pay the fame to him, to the damage 
 of the faid A. 3. of dollars and therefore he brings 
 fuit, &c. 
 
 E. F. for plaintiff. 
 Pledges of profecuting, John Doe and Richard Roe. 
 
 Duichefs, (T. A. B. pucs in his place E. F. his attorney 
 againil C. D. in a plea of debt. 
 
 Declaration on a Bond. 
 
 Supreme Court, of the term of Oftobcr, in the year 
 of our Lord one thoufand eight hundred 
 
 Ullier, ff. A. B complains of C. D. in cuftody, &c. of 
 a pica that he render to the faid A. B. dt>llars lawful 
 
 money of the ftate of New- York, which the fdid C. D. owes 
 to the faid A. B. and uiijullly detains from him for this, to 
 wit, That wheieas the faid C. D. on the day of in 
 the year of our Lord one thoufand at and In the 
 county of [by his certain writing obligatory fealed with 
 the fcai of the faid C. D. and to the juftices of the people 
 of the (late of New- York of the fupreme court of judicature 
 of the fame people now (hewn, the date whereof is on the 
 fame day and year, acknowledged himfclf to be bound to 
 the faid j4. B. in the faid (um of to be paid to the 
 
 faid A. B- when he the faid C. D. (hould be thereunto af- 
 terwards rcqutfted, &c. Yet the faid C. D. although often 
 requefted, &c.J hath not yet paid the faid fum of to 
 the faid A. B. but hither o hath refufed and ftill doth re- 
 fufe to pay tlie fame to him. to the damage of the faid A, B, 
 of dollars, and therefore he brings fuit, Sec. 
 
 E. F. for plaintiff. 
 
 Pledges of profecuting, John Doe and Richard Roe. 
 
 Ujjler, ff. — >}. B. puts in his place JS. F, his attorney, 
 agaiiiil C D. in a plea of debt. 
 
 Dsilaration 
 
Declaration. 
 
 Declaration on a Bail Bail Bond, 
 
 Supreme Court, of the term of July, in the year of 
 our Liord one thoufand 
 ff. — A. B. aflignee of efquire, 
 fherlff of the county of according to the form of the 
 ftatute in that cafe made and provided, complains of 6' D 
 and E. i^". being in cuflody , &c. of a plea chat theyrendei' 
 thedxdA. B. dollars of lawful money ot New- York, 
 whii-h thefaid^7.Z). and E.F. oweto the faid i.B. and from 
 him unjullly detain for this, to wit : That whertas the faid 
 on the day of in the year of our Lerd one thoufand 
 at thi.'city of in the ounty of profecuted out 
 of the fupremc court of jiidicature of the people of the ftate 
 of New- York, before the jufticcs of the fame court (the 
 faid court then being held at the faid city of in the 
 county of ) a certain writ of the faid people, commonly 
 called a capias ad refpondeiidum, diretled to the (lierifF of 
 the faid county of by whici! the faid people command* 
 ed the faid Hieriff that he (hould take the laid C D. if he 
 fliould be found in his bailiwic, and him fafvly keep, fo that 
 he might have his body before our juftices of our fupremc 
 court oi judicature, at the city-hall of the cicy of on 
 the Tuefday of then next, to aniwerunto the faid 
 A. B. in a plea of tref^-afs, and alfo to a bill of the faid il. B. 
 againft the faid C. D. 
 
 according to the cuftom of the faid 
 court, before the faid jultices, there then to be exhibited, 
 which faid writ afterwards and before the return thereof, to 
 wit, on the day of in the year aforefaid, at in 
 the county of as aforefaid, was delivered to efquire, 
 then (herifF of the faid county of to be executed in due 
 form of law ; by virtue of which faid writ, direAed and dc« 
 livtred to the faid ftierifF in form aforefaid, tlie faid 
 thep being (herifF as aforefaid, afterwards, lo wit, on the 
 day of in the year aforefaid, at in the county 
 of aforefaid, took and arrefttd the faid CD. by his body 
 and hath detained and Uept the faid C. D- then and there in 
 hisciiftody, by virtue of the faid writ and that arreft : And 
 whereas tlie faid CD.and jE.F.after wards, to wii.on the fame 
 day and yearlail mentioned, at in tiie county of afore- 
 faid 
 
S34 
 
 DeclaratioH^ 
 
 faid (the fald C. D. being fo taken, arrefted, detained and 
 kept, by the faid fhcrifF aforefaid, and then and there re- 
 maining in the cuftody of the faid (heriff, by virtue of the 
 faid writ) by a certain writing obligatory, commonly called 
 a bail bond, fealed with the feals of the faid C. D. and E. F. 
 and to the court of the people, before the juftices thena- 
 felves, now here fhewn, the date whereof is on the fame day 
 and year laft mentioned, acknowledged to be held and 
 firmly bound to the faid then being (herifF aa afore- 
 
 faid, by the name of efqiiirc, fherilT of the county of 
 
 in the fum of of lawful money of New-York, to 
 be paid to the faid or to his certain attorney, heirs, 
 
 executors, adminiftrators or affigns, when the faid C. D. 
 and E. F. Hiould be thereunto afterwards required ; with a 
 condition to the faid writing obligatory underwritten, that 
 if tl>e faid C. D. fhould perfonally appear at the then next 
 fuprenie court of judicature of the (late of New- York, to be 
 held at the city hall of the city of on the Tiiefday 
 of then next, before the jullices of the fame court, to 
 anfwer unto the faid A. B. in a plea of trefpafs, and alfo to 
 a bill of the faid A. B. againft the faid C. D. then the faid 
 obligation fnould be void, oiherwife to remain in full force 
 and virtive, as y the faid writing obligatory, and condition 
 thereof, relation being thereunto had, will more fully ap- 
 pear ; which faid writing oliligatory, with the condition 
 there under written, was taken by the ("aid Iheriff aa 
 
 aforefaid, by virtue of the writ, and by force of the ftatute 
 in fuch cafe made and provided ; And the faid A. B. aflignec 
 as aforefaid, in fadl faith that the faid C. D. did not appear 
 in the faid court before the jufticesof the faid court, otj 
 the day in the condition aforefaid mentioned, according to 
 the exigency of the faid writ, whereby the faid writing ob- 
 ligatory became forfeited, and the faid fum of money therein 
 mentioned or any part thereof not being paid to the faid 
 flierift", the faid then and now being (herifF as afore- 
 
 faid, afterwards, to wit, on the day of in the year 
 of our Lord one thoufand at and in the county of 
 
 aforefaid, at the requeft, coft and charges of the faid 
 A- B. the plaintiff in the faid fuit, by an endorfement on 
 (he back of the faid writing obligatory, made and attefted 
 
 ia 
 
Pita. Z25 
 
 In the prefenoe of two credible witneffes and fealed with the 
 feal of the faid fherlfF, alligned the faid writing obligatory 
 to the faid B. according to the form of the ftatute in 
 fuch cafe made and provided, as by the faid afiignment en- 
 dorfed on the faid writing obligatory, and to the court of 
 the people before the juftices of the fame court now here 
 fliewn, the date whereof is the day and year lad aforefaid 
 may more fully appear ; by reafon of which faid premifes, 
 and according to the form of the ftatute in that cafe made 
 and provided, an aftion hath accrued to the faid A. B. 
 as aflignee of the faid fheriff as aforefaid, to demand 
 
 and have of the faid C, D. and E. F. the faid fum of above 
 demanded: Neverthelefs the faid C.Z). and E.F. (alcho often 
 requefted) have not yet paid the faid above demanded or 
 any part thereof to the faid /heriff as aforefaid be- 
 
 fore the faid aflignment, or to the faid A. B. aflignee as 
 aforefaid fince the faiJ aflignment, or to either of them, but 
 the (nidCD-SiE.F. to pay the fame, or any part thereof,have 
 hitherto wholly refufcd, and ftill refufe fo to do to the 
 dama(je of the faid A. B. aflignee as aforefaid, of and 
 therefore he brings fuit, &c. 
 
 Fledges to profecute, yobn Doe and Richard Roe. 
 
 G. H. atty. for pltf. 
 
 fl". — ^. B, aflignee of efquire, fheiiff of the 
 
 county of puts in place G. H. his attorney, againil 
 E. F. in a plea of debt. 
 
 Plea on a Bond, 
 Supreme Court. 
 Between, 5cc. 
 
 And the faid by his attorney, comes and defends 
 the force and injury, &c. and fays that he cannot deny the 
 action aforefaid of him the faid nor but that the writing 
 obligatory aforefaid is the deed of him the faid nor but 
 that he oweth to the faid the faid fum of dollars, 
 in manner and form as the faid above againft him doth 
 complain, &c. E. F. attorney for the defendant. 
 
 Columbia, fl". putj in his place E- F. his attorney, at 
 the fuit of in the plea aforefaid. Plea 
 
225 Plea and Judgment Roll. 
 
 Plea on a Mutuatus. 
 Supreme Court, 
 Between, &c. 
 
 Andthefaid by his attorney, eomes and defends 
 the force and injury, when, &c. and fays that he cannot 
 deny the adion aforefaid of him the faid nor but that 
 he oweth to the faid the faid fum of dollars, in 
 
 manner and form as the faid above againft him doth 
 
 complain, &c. E. F. attorney for defendant. 
 
 Rockland, ff. puts in hia p'ace E. F. his attorney at 
 the fuit of the faid in the plea aforetaid. 
 
 Judgment Roll, 
 
 Pleas before the juftices of ihe people of the date of New/- 
 Yoik, of the fupreine court oi judicature of the fame peo- 
 ple, at the city-hall of the city of of the term of 
 in ihe year of the independence ot the faid people* 
 
 Witnef- J 'hn Lanfing, jun. efquire, chief juftice. 
 
 Jllbanj,jf. A. B puis in his place E. F. his attorney againil 
 C. D. in a plea of debt. 
 
 Albanjtff, C. D. puts in his place G. H. his attorney at the 
 fuit ot A. B, in ihe plea atoiefaid- 
 
 .„ _ D E it remembered, That on the Tuefday 
 Albany, JJ £^ ^, this fame term, before the juftices 
 
 of ihe people of ihc ftate of New- Yt.-rk, the fupreme court 
 of judicature of the lame people, ai the city-hall ot the city 
 of comes A. B. by E. F. his attorney, and brings now 
 here, into ihe court of the faid people, before the jullices 
 aforefaid ihete, his certain bill againft C. D- incuftod),Sfc. 
 of a pica of debt, and there ate pledges to profecute, to wit, 
 John Doe and Richard Roe, which faid bill follows in thefc 
 words, to wit : 
 
 Albany, Jf. A. B. complains of C. D. in cuftody, &c.. 
 of a piea, tnai he render to tie faid i. B. lawful money 
 of the Uuited States, which the faid C. D. owes to the faid 
 A, B. and unjuftly detains from him for this, to wit, that 
 whereas the faid C. D. en the day ef in the year of 
 oui Lord one thoufand eight hundied, at ai»lin the county 
 
 of 
 
Letter »f Adminyiratlon, 
 
 227 
 
 0* Albany [borrewed of the faid .V. 5. the aforefaid fum of 
 dollars, to be paid to the faid A. B. when he the faid 
 C. D. (hould be thereunto afterivards required, &c. Yet the 
 faid C. D. although often required. &c.] nath not yet paid the 
 faid 10 the faid A. B. but hitherto hath refufed, and ftill 
 doth rcfufe to pay the fame to him to the damage of the faid 
 A. B. "f dollars, and therefore he brings fuit, fitc. And 
 the faid C. D. by G. H. his attorney, comes and defends the 
 force and inj"ury when, &c. and fays that he cannot deny the 
 af^ion aforefaid of him the faid .4. B. * nor but that he owetl) 
 to the faid j^. B. the faid fum of dollars in manner and 
 form as the faid A. B. above agajnft hi n doth compla'n, &c. 
 
 Therefore it is confidered that the faid A, B. do recover 
 againft the faid C, D. faid debt, and alfo dollars for his 
 dnmages which he hath fuftained a^ well by reafon of the deten- 
 tioi of that debt as for his cofts and charges by him about his 
 foit in thisbehall expended, by the juftices of the faid people 
 DOW here adjudged t^< the faid A, B. by afient. And thp 
 (aid in mercy &c. 
 
 Judgment figned the day of 
 
 Note. This form will anfwerfor a judgment roll on a bond, 
 by fubllituting fur what is above included within brackets 
 [ ] r» much of the declaration on a bond as ts alfo thuj 
 marked ; and by inferting at this mark * the following words, 
 «« nor but that the writing obligatory is the deed of hioi th? 
 M (aid C. D." 
 
 Letter of Adminlftiatien, 
 
 The People of the State of New-Yark, by the grace of Go4 
 free and independent ; 
 
 To A. B. of, &c. fend greeting. 
 
 WHEREAS C. D. of, 8cc. as is allcdged, lately died 
 iaieftate, having whuft liTirg, and at the time of 
 his -ea h, goc-ds, chadcU or credits, within this ftate, by 
 means whereof the ordering and granting adminiftration ol' 
 ail and lingular the faid goods, chattels and credits ; and alfo 
 the auditi.igi allowing and final difchar^ing the account 
 tjiereot doth aps'ier'ai.. unto us ; and we being deftrou> that 
 the goodSf chaiieU and ciedits of the faid deceafed may be 
 
338 
 
 ^Jm'tn'tflratlon Bond, 
 
 well and faithfully adminiftered, applied and difpofed of, do 
 grant unto you the faid A. B. full power by thefe prefents, 
 to adminifler, and faithfully difpofe of all and fingular the (aid 
 goods, ehattelsand credits, to alk, demand, recover and receive 
 the debts, which unto the faid deceafed, whilft living, and at 
 the time of death, did belong, and to pay the debts which 
 the faid deceafed did owe, fo far as fuch goods, chattels and 
 credits will thereto extend, and the law require : Hereby re- 
 quiring you to make or caufe to be made, a true and perfedt 
 inventory of all and fingular the goods, chattels and credits of 
 the faid deceafed, which have or (hall come to your hands» 
 poiTefTion or knowledge, and the fame fo made to exhibit or. 
 caufe to be exhibited into the office of the furrogate of the 
 county of VVeftchefter, at or before the expiration of fix ca- 
 lendar months, from the date hereof ; and alfo to render a juft 
 and true account of adminidcation, when thereunto requireil. 
 And we do by thefe prefents, depute, conditute and appoint 
 you the faid A. B. adminiftrator of all and fingular the goods* 
 chattels and credits which were of the faid C. D, 
 
 In teftimony whereof, we have caufed the feal of office of 
 our faid furrogate to be hereunto affixed. Witnefs E. F, 
 efquire, furrogate of the faid county, at Weftchcfter, the 
 day of in the year of our Lord one thoufand eight hun- 
 dred and of our independence the 
 
 yldmlnijlralion Bond, 
 
 KNOW all men by thefe prefents, That we John Doe 
 and Richard Roe, of &c. are held and firmly bound un- 
 to the People of the S-tate of New-York, in the fumof 
 dollars lawful money of the faid ftate ; to be paid to the faid 
 People, to which payment well and truly to be made, we do 
 bind ourfelvcs, and each of us, our and each of our heirs, ex- 
 ecutors and adminiftrators, jointly and feverally, firmly by 
 thefe prefents, fealed with our feals, dated the day of 
 in the year of our Lord one thoufand eight hundred' 
 and of our independence the 
 
 The condition of this obligation is fuch, that if the above 
 bound jfohn Doe, adminiftrator of all and fingular the goods, 
 chattels and credits of Thomas Den, of Sec. deceafed, do 
 
 make 
 
/t(hn'w'tj\cii'ion Bond. 
 
 make, or caufe to be made, a true and perfe£l inventory of 
 aii and fingolar the goods, chattels and credits of the faid 
 deceafed which have or fhall come to the hands, poffrffioii 
 et knowledge of the faid Thomas Den, or to the hands or 
 pnfTtflion of any other perfon or perfons for the faid 'Thomas 
 Den ; and the fame fo made, do exhibit, or caufe to be ex- 
 hibited, into the office of the fuiiogate of the corunty of 
 Montgomery, at or before the expiration of fix lalendar 
 nionths from the date of the above written obligation, and 
 the fame goods, cl)«ttels and credits, and all other goods, 
 chattels and credits of the faid deceafed, at the time of his 
 death which at any time sfter (hall come to the hands or 
 pofTeirion of the faid Thomas Den, or into the hands or pof- 
 fcilion of any other perfon or ptrfons for the faid ' homas 
 Den, do well and truly adoninilter according to law : And 
 further, when thereunto required, do make or caufe to be 
 made, ajuft and true account of admlniftration ; and ail the 
 reft and refidue of the faid goods, chattels and credits, which 
 fhall be found remaining upon the faid adminiftiation ac- 
 counts, the fame being firft examined and allowed of by the 
 judge of the court of probates of this ilate, for the time 
 being, (hall dchver and pay unto fuch perfon or perfons re- 
 fpeftively, as the faid judge, by his decree or fentence, (liall, 
 purfuant to the true intent and meaning of the ai£l, entitled 
 " ^n a8 far fettling intefiate ejlaies, proving tuilU and grant- 
 ing adminijlrations,''' limit and appoint : And if it (lull hire- 
 after appear, that any laft will and tcftament was made by 
 the faid decea(ed, and the executor or executors thereia 
 named, or any other perfon or perfons, do exhibit the fame, 
 and reqiieft to have it allowed and approved, then if the faid 
 Thomas Den, being thereupon required, do render and de- 
 liver the letters of adininiftration, granted on the e(^ate of 
 the faid deceafed, to the office from which the fame were 
 iflued, then this obligation to be void and of none effect, or 
 elCe to remain in full force and virtue. 
 
 Seated and delivered. 
 In the prefence of 
 
 U 
 
 Letters 
 
3 JO Letters Teflamentary—^rlUration Bond, 
 
 Letters Tejlamentary, 
 
 THE People of t!ie (late of New- York, by the grace 
 of God free and independent : To all to whbtn 
 thefe prefencs fhall come, or n ay concern, fend greeting ; 
 Kno'wye, that al the city of Albany, in the county of Albany, 
 on the one ihoufand eight hundred beforey^. G. L. 
 efq. furrogRtt of our faid county, the iaft will and tella- 
 ment of A. B. dectafed, (a copy whereof is hereunto an- 
 nexed) was proved, and is now approved and allowed of 
 by us ; and the faid deceafed having vnhilft he lived, and 
 at the time of his death, goods, chattels or credits, within 
 this ftate, by means whereof the proving and regillering the 
 faid will, and the granting adminiftration of all and fingular 
 the faid goods, chattels and credits, and alfo the auditing, 
 allowing and final difcUarging the account thereof, doth 
 belong unto us ; ibe adminiilration, of all and fingular the 
 goods, chattels and credits of the faid deceafed, and any 
 way concerning his will is granted unto C. D. and E. F, 
 executors in the faid will named, they being firll duly 
 fworn well and faithfully to adminifter the fame, and to 
 make and CKhibit a true and perfeft inventory of all and 
 fingular the faid goods, chattels and credits, and alfo to 
 render a juft and trqc account thereof when thereunto re- 
 quited. In. teftimony whereof, we have caufed the feal of 
 office of our faid furrogate to be hereunto affixed. Witnefs 
 j^. G- L. efq. furrogate of the faid county, at Albany 
 aforefaid, the day of in the year of our Lord onq 
 tboufand eight hut^dred and of our independence th? 
 
 /Irbltration Bond. 
 
 TT' NOW all men by thefe prefents, that I A.B. of, &c. am 
 J\. held and firmly bound unto C. D. of, Sec. in the fum 
 of dollars lawful money of the State of New-York, 
 gold and filver, to be paid to the faid C. D. or to his cer. 
 tain attorney, heirs, cKCcutors, adminiftrators or affigns ; 
 To the which payment, well and truly to be rojde, I bind 
 myfelf, my heirs, executors and adminiftrators, and each and 
 every of them, firmly by thcfe piefenH. Sealed with my 
 feal, dated the day of in the year of our Lord onp 
 ^houfand eight hun<lre4 T|>i 
 
Bond on Sale of Laitth, 
 
 23« 
 
 The condition of this obligation is fuch, that if the above 
 tioundi^n /i. B. his heirs, executors and adminiltrators, and 
 each and every of them, iliall and do in and by all things, 
 well and truly, ftand to, obey, abide, perform, fulfil and 
 keep, the award, oider, aibitrament, final end and detei = 
 mination of ^here name the arbitrators'] or any two of them, 
 arbitrators indifferently elefted, choftn and named, as well 
 by and on the part and behalf of the faid A. B. as by and 
 bn the part and behalf of the faid C. D. to arbitrate, award, 
 order, judge and determine, of and concerning, all and all 
 manner of aftion and aflions, caufe and caufes of aftions, 
 fuits, bills, bonds, fpeciallies, covenants, promifes, accounts, 
 reckonings, funis of money, jmigmenis, executions, extents, 
 quarrels, conlroverfies, irefpafles, damages and demands 
 whatfoever, at any time heretofore had, made, moved, 
 brought, commenced, fued, profecuted, done, fuffered, com- 
 mitted or depending, by or between the faid parties^ fo ss 
 the award of t!ie faid arbitrators, or any two of them, be 
 liiade in wiiting, under their or any two of their hands and 
 fcals, ready to be delivered, to the faid pailies in difFtrence, 
 on or befoie the day of next, then this oblicja- 
 
 tion to be void and of none effcfl, otherwile tff remain in full 
 force and virtue. 
 
 Sealed and delivered. 
 In the ^rejence of 
 
 A Bond givfn on the Bargain and Sale of Lands fo execute a 
 Died ef Conveyance thereof, an the Payment of the Conftdcra- 
 tion Mumei. 
 
 KNOW all men by thefe prefents, that 1 A. B. of, &c. 
 am htld and firmly bound unto C. D of, &c, in the 
 fum of dollars, lawful money of the'State of Ntw-York, 
 to be paid to the faid C. D. or to his certain attorney, heirs, 
 executors, ^dminlftrators or afligns : to the which payment 
 well andiViily to be made, I bind myfelf, my heirs, execu- 
 tors aiid adminikrators, and each and every of them, firmly 
 by thtfc prefents. Sealed with ray feal, dated the day 
 of in the year of our Lord one iboufand eight hundred. 
 
 The 
 
23* 
 
 Sheriff's Bill of Salt. 
 
 The condition of this obligation is fuch, that whereas the 
 above bounden A. B, hath, on the day of the date hereof, 
 fold to the fald C. D. a certain traft of land, fituate, lying- 
 and bting in the town of in the county of which is 
 known and diftingulfhed by [here infert a particular dtjcrip- 
 tion cj the premifes\ for the confidctation of dollars law. 
 ful money as aforefaid ; the fam of dollars pa(rcel thereof, 
 is hereby acknowledged to be paid and received — for the 
 remainder, a certain bond or obligation execnted and deliv- 
 ered by thefaid C. D. onto the above bounden /). B. bear- 
 ing even date with thefe prefents, payable as follows, to 
 wit : [_here name the particular periods cf payment as mention' 
 ed in the bond] which bond or obligation being paid and can- 
 celltd, Bgreeable to the tenor of the faid bond the faid 
 yl. B. for himfclf, his heirs, executors and adminiftrators, 
 flial! and will convey, or caufe to be conveyed, by deed ia 
 fee fimpie, lo thefaid CD. his heirs, executorr, adminiftra- 
 tors and affigns, the above dtfcribed land : but on failure of 
 the paymetit of the faid bond or any part thereof, on or 
 before the time limited as aforefaid, then this bond obli- 
 gatory fhall be void aiid of no effedt ; and the premifes 
 above defcribed, fhall remain the property of the faid 
 
 B. his heiis, executors and adminiflratois, together 
 with the impioveroerits thereon, as if no fuch contraft 
 or fale had been made, any thing to the coiitrary herein- 
 expreffcd notwithlbnding ; otherwife to remain in full force 
 and virtue. Sealed, &c. 
 
 Sheriff's Bill of Sale. 
 
 To all to whom thefe prefents fhall come, I John Given, 
 Efquire, Sheriff of the City and County of Albany, fend 
 Greeting : 
 
 WHEREA^, by virtue of a writ of fieri facias, if- 
 fiied out of the fupreme court of judicature, of 
 the (late of New-York, tefttd the twenty-eighth day of 
 April, in the year of our Lord one thoufand eight hundred 
 and of our independence the a"t the fuit of jfohn 
 Doe, to me direfted and delivered, commanding roe that of 
 the goods and chalttls of Ri(harJ Roe, to levy dollars 
 
 cents, 
 
Fublic Stock. 
 
 233 
 
 cents, damages and cofts, I have ftized and taken 
 ^Jfere defcrtbe the goods Jei%ed'\ the property of the faid 
 JUichard Roe. And whereas the faid aforefaid, fince 
 the feizure by me made, by virtue of the faid writ of fieri 
 facias before mentioned, hath been expofed to fale at pub- 
 lic vendue, and purchafed by Thomas Den, of the city of 
 SchtneSady, in the county of Albany, and fiate of New- York, 
 for dollars, bctng the higheft fum that was bidden for 
 the faid Noiv knoiv ye, }L\\iX.\' John Given, fljerifF as 
 aforefaid, by virtue of the faid writ of fieri facias aforefaid, 
 and by virtue of the (latute in fuch cafe made and provided, 
 and for and in confideration of the faid fum of dollars, 
 to me in hand paid, by the faid Thomas Den, the receipt 
 and payment whereof I do hereby acknowledge, have grant- 
 ed, bargained and fold, and by thcfe prefents, do grant, bar- 
 gain and fell unto the faid Thomas Den, his heirs and af- 
 figns, llie faid as before mentioned and'defcribtd ; and 
 all the eftate, right, title and intereft wliich the faid Rich- 
 ard Roe of right had, of, in and to the faid aforefaidu 
 as fully and abfolutely as I the faid John Given, fheriff aa 
 aforefaid, might, could or ought to grant, bargain and fell, 
 the faid by force of the (\atute aforefaid and the faid 
 ■writ of fieri facias or otherwife. In wittiefs whereof, I the 
 faid JohnCiven, (heriff, have hereunto fet my hand and feal, 
 the day of in the year of our Lord one thoufand 
 eight hundred 
 
 Sealed, i^c. 
 
 Public Stock. 
 
 ACCORDING to an aft of Congrefs, paffed April 28, 
 1 796, entitled «< An aft in addition to an aft, entitled 
 "An aft making further provifion for the fupport of public 
 credit and for the redemption ot the public debt," the faid 
 debt or flock will be leimburfed and paid in manner follow- 
 ing, viz. 
 
 1 . By dividend to be made on the laft day of March, June 
 ard September for that year, and from that year 1797 to 1 8] 8, 
 inclufive, at the rate of \ \ per cent, upon the original capital. 
 
 2. By dividend to be made on the lad day of December 
 
 U 2 for 
 
234 
 
 PubJic S.'oci. 
 
 for faid year 1796, and frsm the year lyqy to the year i8i7> 
 inclufiye, at tlie rate of 3^ percent, upon the original capital, 
 3. By a dividend to be made on the laft day of December, 
 1818 of fiicli fum as will be then adequate, according to the 
 ^ coniraft, for the final redemption of the faid flock. 
 
 All diftinftlon between payments on account of intereft and 
 principal, being thereby aboliflied, it has become neceffary to 
 vary accordingly the powers of attorney for receiving divi- 
 dends. The following form will anfwei for receiving divi- 
 dends or transferring (lock. 
 
 Pewer of Attorney, 
 
 KNOW all men by thefe prefents, That I John Doe, of, 
 &c. do make, conftitute and appoint Richard Roe, of, 
 my true and lawful attorney, for me and in my name \_lf for 
 inlerrjlt/ay^ to receive the dividend or dividends whidi are 
 or ftiall be payable according to law, on all [ tf to transfer, 
 fay to transfer, affign, fell and fet over, all — or if a part only 
 IS to be transferred, fay to transfer, alfign, fell and fet over 
 dollars, pan of] the ftock (landing in my name in the 
 books of the treafury of the United States [or the comroii- 
 fioner of loans in the (late of New- York] with power alfo 
 an attorney or atiornics ur.der him for that purpofe to make 
 and fubftitute ; and to do ail lawful a(fis requifite for effec- 
 ting the premifes ; hereby ratifying and confirming all that 
 my faid attorney, or fubftitute or fubftitutes fhall do therein 
 by viitue hereof. In witnefs whereof, I have hereunto fet my 
 hand and feal, the day of in the year of our Lord 
 
 Sealtd and deli-vered 
 j.y the prefence of 
 
 E. F. of the city of Scheneftady, painter. 
 
 G. H. of the town of Duancfburgh, gentleman. 
 
 Be it known, That on the day of one thonfand 
 eight hundred before me, J. H. W. one of the public 
 notaries for the flate of New- York, duly appointed and coin- 
 inifTioned, refiding in the third ward of ihe ciiy of Albany, 
 came A. B. within named, and acknowledged the above letter 
 of attorney to be his afl and deed. In teftimony whereof, I 
 have hereunto fet my hand, and affixed my notarial feal, the 
 day and year laft aforelaid, F»wer 
 
Invalid Penfioners. 
 
 235 
 
 Pawer of Attc0ney, 
 
 KNOW all men by thefe -prefents, That I ^. B. of in 
 the county of and ftate of an invalid pen- 
 
 fioner of the United States of America, for divers good caufes 
 and conSderations me hereunto moving, have made, ordained, 
 conftituted and appointed, and by thefe prefents, do make, 
 ordain, conftitute and appoint C. D, of my true and 
 
 lawful attorney, for me and in my name, to a(k and receive 
 from the fecretary at war, or fuch other officer as is appointed 
 for that purpofe, fuch fura or fums of money as is or are due 
 and owittg unto me, for my penfion as a on the in- 
 
 valid penfiou lift of the United States of America, from tho 
 day of to the day of now laft part, in virtue 
 of the laws in fuch cafe made and provided [or if the invalid 
 is fpeciaily named in any law, here infert the title of fuch 
 JawJ. Wiih power alfo an attorney or attornies under him 
 to make and fubftitute, ar:d to do all lawful afts requifire for 
 effecting the premifes ; hereby ratifying and confirming all 
 and whatfoci/er my faid attorney or fubftitute or fubftitures, 
 fhall do ;herein by virtue hereof. In witnefs whereof, 1 have 
 hereunto fct my hand and feal, tlie day of ia the 
 
 year of our Lord one ihoufand 
 ScaUd, iS(. 
 
 Aekaotjuledgment. 
 S. Perfonally came before me, E. F. efiiuire, one 
 of the juftices of the peace of the county of A. B. the 
 
 invalid penfioner within named, and acknowledged the above 
 letter of attorney to be his voluntary aft and deed. In tefti- 
 mony whereof, I have hereunto fet my hand, this day of 
 in the year of our Lord one thoufand 
 
 Noie ; The periods at which half-yearly penfion? become 
 due, are the 5th March and jih September. It i$ thfre! re 
 proper to infert in the powetj from the 5th March 10 thi; ^.th 
 September, or from the 5th September to the 4th March, as 
 the cafe may be. 
 
 Sixth 
 
2^6 
 
 Invalid Penjlonen. 
 
 Sixth Stff'ion of an of Congrefs, " to provide for the 
 Claims of Widows and Orphans, barred by the Limitations 
 heretofore ejlallfhed, and lo regulate the Claims to Invalid 
 Pen/tons," pajfed 2^d March, 1792. 
 
 Sec. 6. Ar.d be it further enaddd, That from and after 
 the paffing of this aft, ne fale, transfer or mortgage of the 
 whole or any part of the penfion or arrearages of penfion, 
 payable to any ron commiflioned officer, foldier or fcaman, 
 before the fame fliall become due, fliall be valid. And every 
 perfon, claiming fuch penfion, orarrearsot penfion oraoy part 
 thereof, under power of attorney or fubltitution, fhali, before 
 the fame is paid, make oath or aiRrmaiion before fome jufticc 
 of the peace of the place where the fame is payable, that 
 fuch power or fubllitution is not given by reafon of 
 any transfer of fuch penfion, or arrears of penfion, and any 
 perfon, who (hall fvi^earor affirm falfely in the premifes, and 
 be thereof convicted, (hall fuiFer, as for wilful and corrupt 
 peijury." 
 
 Titles of the ftveral laiui noiu t» force relative to Invalid 
 tenftons. 
 
 *' An aft for the relief of difabied foldiers and feameni 
 late')- in the fervice of the United States, and of certain other 
 perf ns," pafTed iith Auguft, 1790. 
 
 " An aft for the relief of the perfons therein mentioned ot 
 defcribed," paffed iith Auguft, 1790. 
 
 " An aft to provide for the fcitlement of the claims of 
 widows and orphans barred by the limitations heretofore efta- 
 bliihed, and to regulate the claims to invalid penfions," 
 paffed 23d March, 1792. 
 
 " -Hii aft m.'.king provifion for the perfons therein men- 
 tioned," paffed February 27, 1793. 
 
 " An aft to regulate the claims to invalid penfion?," paffed 
 28th February, 1793. 
 
 «' An aft concerning invalids," paffed 7th June, 1794. 
 
 •* An aft ii addition to the aft for making further and more 
 effeftual jirovifion for the proteftion of the frontiers of the 
 United States," paffed 7th June, 1794. 
 
 •« An aft fupplenientary to the aft concerning invalids," 
 paffed z ift February, 1 795. «i An 
 
Declaration of Ejeament, 
 
 »37 
 
 " An aft authorifing and direfling the Secretary at War, 
 I to place certain perfons therein named on the penfion lift," 
 I paffed 2Cth .April 1796. 
 
 " An afl for the relief of certain ofHcers and foldiers who 
 have been wounded or difabled in the actual fervice of the 
 United States," paffed 25d March, 1796. 
 
 " An adt direrting the Secretary at War to place certain 
 perfons on the penfion lift," paffed 2d February, 1798. 
 
 • Declaration of EjtBment. 
 
 Silpreme Caurt, of the term of in the year of our Lord 
 one thoufand eight hundred 
 
 JAMES JACKSON complains of John Siiles, in cuftody, 
 Sec. for thif, to wit : that whereas A.B- on the day of 
 in the year one thoufand eight hundred a: the town 
 of in the county of had demifed, fet and to farm 
 
 ler, to the faid James Jaclcfon, one ruefTuageot dwelling houfe, 
 fix hundred acres of araMe land, fix hundred acres of paftnre 
 land, fix hundred acres of meadow land, fix hundred acres of 
 wood land, and fix iiundred acres of land covered with water, 
 with the appurtenances, fitaate, lying aad being in the town 
 and county aforefaid. To have and to hold :he faid tene- 
 ments, with the appurtenances, unto the faid Jai-.Tes Jackfon 
 and his affigns, until the full end ar.d term of twenty-one 
 years, from thence next enfuing, and fully to be complete and 
 ended. By viitue of which faid deinife, the faid James Jaclc- 
 fon entered into the tenements arDrefaid, with the appurte- 
 nances, and was polTeffed theieof, uniil the faid John Stiles, 
 afterwards, to wit, on the day of in the yeat one 
 
 thoufand eight hundred with force and arms, Sec, entered 
 on the tenements aforefaid, with the appartenances, in and 
 upon the poffclfion of the faid James Jackfon, and ejciftcd, 
 expelled and amoved the faid James Jackfon from his f.iid 
 farm, his faid tejin thereof being not yet ended, and kept 
 out and ftill keeps out the faid James Jackfon, fo ejei\ed, ex- 
 pelled and amoved from his faid poffellion, and then and there 
 did other injuries to him, againft the peace of the people of 
 the ftate ot New- York, and to the great damage of tlie faid 
 Janjes Jackfon ; wherefore he fays he is injured, and hath 
 
 damage 
 
tVrit of Si le /ecer'il Securum. 
 
 damage to the valce of three hundred dollars ; and thefcFore 
 he brings fuit, &c. 
 
 Pledges of profecuting, John Doe and Richard Roe, 
 
 James Jackfon puts in his place his attorney, agaiuft 
 
 in a plea of trefpafs and ejeftment. 
 
 To Mr. tenant in pofftffim of the premijes, in the fore, 
 
 going declaration of ejeiiment meniionedt or of fame part 
 thereof. 
 
 I am informed that you are in poitelTion of, or claim tiile 
 to, the prcmifes in this declaration of ejeftment mecitiohed, 
 or to fome part thereof, and I being fued in this ad^ion as a 
 cafual ejeftor, and having no claim or tiileto the faid premi- 
 fe?;, doadvife you to appear at the next fuprcme court of ja- 
 dicature, to be held for the ftate of New- York, at on the 
 
 day of next, in perfon, or by fome attorney of that 
 court, and then and tiiere, by role of the fume couri, to taufe 
 yoorfelf to be made defendant in my ftead, otheiwife I (hall 
 lufFsr judginent to be entered againft rae by default, and you 
 will be turned out of ptifFefTion. 
 
 I am J our loving friend, JOHN STILES. 
 
 An original tVrit of Si te fecerit SecuruiH. 
 Chancery. 
 
 yohn Doe, T The People of the State of New-York, hj 
 vs. > the grace of God free and independent : 
 R. chard Roc. J To the Sheriff of, &c. greeting : 
 
 IF jfohn Doe, of phyfician, fliall give you fccurity of 
 profecuting his claim, then put by gage and fafe pledg- 
 es Richard Roe, of if he can be found in the faid coun- 
 ty, fo that he be before the judges and alfillant juftices of 
 the county of in onr court of common pleas, to be hold- 
 en at in and for the county of on the Tuefday 
 of next, f )r tliis, to wit, " That whereas the faid 
 Richard Roe, on the day of in the year at 
 within the jurifdiftion of the faid court of common pleas, 
 was indebted to the faid John, in dollars of lawful 
 money of the ftate of New- York, for certain work, labor 
 
 and 
 
ff^rll of Si te fcctrit Securum. 
 
 239 
 
 I'nd fervices before that time done and performed, by the 
 
 aid J(jhn for the fdid Richqrd, as an atiSioneer or "vendue 
 iinTer, ai the place and within the jurifdiclioa aforcfaid, 
 md at hii fpecial inftance and requeft ; and being fo indebt- 
 •d, the faid Richard afterwards, to wit, on the day and year 
 iforefaid, at the place and within the jurifdiftion aforefaid, 
 n confiilerption thereof, undertook and faithfully promifed 
 ;ht; faid John that he the faid Richard would well and truly- 
 Day and content hitc the faid yohn the faid dollars, 
 whenever he iTiould be thereto afterwards required ; and 
 .vhercas alfo the faid yohn afterwards, to wit, on the day 
 and year aforefaid, at the place and in the jurifdidion afore- 
 faid, had done and performed at the like requeft of the faid 
 Richard certain other v.'ork, labor and fervices as an auSioneer 
 or "vendue majler, he the faid Richard in confideration thereof, 
 undertook and then and there promifed faithfully to pay 
 him the faid John all fuch fums of money as the faid 
 flr</ defervcd to have for the faid laft mentioned work, labor 
 and fervices, whenever he (hould be thereto requefted ; and 
 the faid J'jbn avers, that he deferved to have fyr ihe faid 
 laft mentioned work, labor and fervices, other dollars of 
 like lawful money as qforefaid, of which the faid Richard, 
 afterwards, to wit, on the fame day and year aforefaid, at 
 the place and in the jurifdic^ion aforefaid, had notice from 
 ' the faid yohn, yet the faid Richard not at all regarding his faid 
 feveral promifcs and undertakings, fo made by him as afore- 
 faid, but conttiving and fraudulently Intending him the faid 
 yohn to deceive and defraud, in this behalf, has not yet 
 paid the faid feveral fums of money or any part thereof, 
 to the faid yuhn although often requefted, &c. but hitherto 
 lias (efulcd and ftill doth refufe to pay the fame to him, to 
 his damage dollars, as he faith, and thereof he brings 
 fuit, and good proof In the premifss, &c. and have you thea 
 there the names of the pledges and this writ. Witnefs the 
 honorable R. R. L. efquire, chancellor of our faid ftate, 
 at the city of the day of in the year of our 
 independence. 
 
 JT' foiicttor, f^an Ingen, clerk in chancery. 
 
 Writ 
 
Forc'tih Entry—Inqu'ifition, 
 
 Writ to fummona yury on a Jorcilh Entry, 
 
 Albany 7 /- T John Doe, one of the jullices of the people 
 County, X. of the (late or New- York, the peace in the 
 county of yjibany to keep, and alfo divers felonies, trefpaflcs 
 and other mifdcmeanors in the county aforefaid perpetrat- 
 ed to hear and determine, afligned, To the flieriff of the faid 
 county, greeting : I command you, in the name of the peo- 
 ple of the Hate of New-York, that you caufc to come be- 
 fore me, at the dwelling houfe of Richard Roe, of the town 
 * of Walervl'iet, in the faid county, innkeeper, on the day 
 of inftant, at o'clock in the noon, twenty-four 
 good and lawful men of your county, each of whom fhall 
 be above the age of twenty one and under the age of fixty 
 years, and (hall each of them have in his own name, or right, 
 or in truft for him, or in his wife's right, a freehold, in 
 lands, mcffuagfs, or of rents, in fee or for life, of the value 
 of fixty pounds, free from all reprift-s, debts, demands or in- 
 cumbrances whatfoever, to enquire on their oaths, for the 
 faid people, of a certain entry, made with ftrong hand into 
 a certain holding, by force (as it is faid) of a ccitain mef- 
 fuage or dvy tiling houfe, and farm, of one 'Thomas Den, CHU' 
 ate in the town of Watervllel aforefaid, in the county o{ yll- 
 bany aforefaid, againft the form of the flatute, in fuch cafe 
 mad*? and provided, and that you return if]ues upon every 
 one of the faid jurors, by you, in this behalf, to be impan- 
 nelled, at the day aforefaid, to twenty (hillings ; and have 
 you then there this precept. Given under my hand and 
 leal, at the town of {Vatervliet, in the county of Albany^ 
 this day of in the year of our Lord 
 
 John Doe, jufticc. 
 
 y^n Inqu'ifit'ion. 
 
 AN inqulfition, indented and taken at the dwelling 
 houfe of fituate in on the day of 
 in the year of our Lord before me, fherifF of, &c. 
 By virtue of a writ of the faid people, to me dirtfted and 
 Co this inquifition anneiced, to enquire of a certain matter 
 
^ddtthnal Forms. 
 
 241 
 
 In the fai'd writ contained, by the oath of [^ffere name the 
 furors^ good and lawful men of roybailiwic, who upon their 
 oaths, do fay, that John Doe, in the faid writ named, hath 
 fuftaincd damage, by occafion of the premifes, over and 
 above his cods and, charges by him, about his fuit, in that 
 bthalf expended, to and for his cotts and charges, t* 
 
 jix cents. In teftimony whereof, as well I the faid flieriff 
 as the jurors aforefaid, have to this inquilition, put our 
 bands and feals, the day and year iird above written. 
 
 proceedings to offefs the Improvements made on Lands under 
 the Hih Sea'wn of the Aa of Partition. 
 
 ... -.TT ENRY Ootheudt, efq. one of the judge* 
 
 XTJL of the court of common pleasof the county 
 of Albany, To the (herifF of the city and county of Albany, 
 greeting ; You arc hereby, in the name of the people of 
 the ftate of New- York, commanded'to funimon twelve free 
 and lawful men of your county, each of wbom (hall have in 
 bis own name or right, or in truft for him or in his wife's 
 right, a freehold in lands, meffuages or tenements, or of 
 rents in fee or for life, of the value of one hundred and fifty 
 dollars free from all reprizes, debts, demands or incumbran- 
 ces whatfoevcr, by whom the truth of the matter may be 
 the better known, and who are in no wife of kin either to 
 yi, B. proprietor, or /. F. pofreiTor, and who are not in- 
 terefted in the traft of land herein after mentioned, to attend 
 me on the premifes now in the pofTcffion of the faid /. F. 
 fituate in the town of in the county of Albany (here 
 defcribe the prtmifes ) on the day of at o'clock 
 in the noon, to aflefs the value of the improvements 
 made on the faid premifes. In witnefs whereof, I the faid 
 Henry Oothondt have hereunto fet my hand and a£5xed 
 tny feal, the day of in the year of our Lord 
 
 Inquifition thereon. 
 
 ia after mentioned, now in the poiTellion of /. F. in the 
 V town 
 
Additional Forms. 
 
 town of and county of on tlie day of in 
 the year cf < ur Lord between yi. B. proprietor, and 
 the faid /. F. pofllflbr, before Henry Oothoudt, efq. one 
 of the judges of the court oF common pleas for the county 
 of Albany, with the affiftance of f. S. &c. [Acrir name tht 
 furors'] good and lawful men of the county of Albany, duly 
 jfuramoned, tried and fworn to eiiquirt into and affcfs the 
 value of the improvements on the ptemi'cs now in the pof- 
 fcffi m of the faid /. F. fituate ni the tovn of aforefaid, 
 being part of a lot of land [hsre dejcribe the premifes'] and 
 the faid jud^e and the faid jurors on their oaths fay, that 
 they alT'.fSjthe value of the improvements on thr faid pre- 
 mifes at of lawful money of the (late of Neiv-York, 
 witnefs whei of, as well the fiif^ judge as the faid jurors,! 
 have to this mquifi'ion fet their hands and feals, the day! 
 9nd year firft above written. 
 
 Writ of Replevin. 
 To the Sheriff of the County of Saiatoga. 
 
 BY authority of the powers veiled in me, J. P. efq. one of 
 the jullices of the peace of the faid county, and in th^i 
 name of the people of the (late of New- York, you are com. 
 manded to caute fully and juftly and without delay to be re» 
 pleviedto J. S. of, &c. hisbealh, viz. now impounded iai 
 the town pound of, &c. by A. B. of, &c. and by him ur.juftiy:; 
 detained as it is faid ; and you are likewife to fuminon the fai<|, 
 jA. U. to appear before rae, at my dwelling houfe at on 
 the day of at o'clock in the noon, then and 
 there to ar fwer unto the faid J. S. in a plea of trefpafs, where^ 
 in the faid y. S. complains that the faid A. B. on the 
 day of at in a certain place called ' took the faid 
 beads, that is to fay, 
 
 and them imjuftly impounded and detained as aforefaid, until 
 this time, which is to the dimage of the faid jf.S. as he faith, 
 the fum of and therefore he brings this fuit. — y. S, 
 
 having given fufficient bonds to ptofecute in due form of law, 
 Hereof fail not at, &c. Dated, &c. 
 
 Return 
 
^dJllionai Fornif. 
 
 249 
 
 die/urn to a Writ of Hale as Corpus, 
 
 mtl It ^' ^" '^^ "'""*'^) which this fcheduJe 19 
 
 ojfi A annexed, do moll humbly certify, that before the com« 
 'iifjmencing of the faid writ, to me direded, to wit, on the Jix' 
 f(;i teenth day of January injlant, Tom, a Ntgro man Jlate, Lelong- 
 Ij'ingta alfo in the faid writ named, was committed to my 
 •iti cuftody, in tht jail of the city and county of Albany, by virtue 
 f. of a mittimus, in the words following: 
 
 Albany, Jf. — To any Conftable of the town of Schenec' 
 tady, in faid county, and to the keeper of tlie commoa 
 goal thereof ; 
 
 WH£REAS on the evening of the fourteenth of this 
 prefent month, two different buildings, in ihctown of Sche- 
 nedady, were fet on fire, and Tom, a Negro man belonging t« 
 has been brought tjefore us on fulpicion of being the 
 perpetrator of faid act, and on an examination of faid Tom, 
 and feveral other perfons on the fubjed ; although no direft 
 evidence appears to the ad\, yet from various circumrtances, 
 we are induced to believe the fufpicion of the faid Tom to 
 be juftly founded : This is therefore, in the name of the 
 people of the (late of New-York, to command you the faid 
 conftables, or either of you, to convey the faid negro Tom., 
 to the common gaol of the county of Albany, and you the 
 faid keeper thereof, are hereby commanded to receive the 
 faid Tom, and him in fafe cuilody to keep, until he (hall be 
 from thence delivered by due courfe of law. Given under 
 our hands and feals, at Schenedady, the day of 
 
 Jullices of the peace of faid county. 
 And this is the caufe of the caption and detention of the 
 faid Nfgro man Jlave Tom, whofe body I have as by the faid 
 wn't is commanded me. Given under my hand, at ihe city 
 of Albany, the Iwenty-Jlfth iizy of January, in the year 
 
 /. G. (lieiiff. 
 
 Note ; The writ muft be fewed or well fealed to the top 
 of this fchedule ; and on the back of the writ it muft be en- 
 dorfed — " The execution of this writ appeal s by the fche- 
 dule thereunto annexed. fherilT." 
 Then the return will anfwer for all kinds of Habeas Corpus. 
 
 Petition 
 
jiJJittonai Formt. 
 
 Pethion /or (he Maintenance of Parenti, 
 
 To the Juftices of the Court of General Sertions of the Peace 
 ill ar.d for the County oi Albany, 
 
 The refpeiSfui Petition of A. B. of 
 
 Humblj SbetMelh, 
 
 TM^ AT M. B. of having by age and infirmity become 
 poor, impotent and unable to fuppott and provide foi 
 himfelf, and having no eftate whereby he may be fupported 
 'and maintained, has for the fpace of now hft pail, been 
 wholly fupported and maintained by your honors' petitioner* 
 one of the children of the faid M. B. and there are now fev- 
 eral other children of the faid M. viz. C. B. E. B. and G, B, 
 who with your petitioner are all the children of the faid Mi 
 and oiighc bv law to contribute for and towards the mainte* 
 naiK'e of him their faid father, which they negleit and refufc 
 to do, al'.ho they are able and of fufficient ability to do th« 
 fame — Wherefore, your petitioner humbly ptays your honoiSf 
 to order and decree, that each of the faid children of the faid 
 M, fhall pay his or her proportion of tlie charge already arifi. 
 rn, and aifo for the furture fupport of the faid M. their faid 
 father, ill fuch proportion as your honors fliall think reafona-. 
 able and juft, according to the ftatute in that cafe made and 
 provided, and the cofts of this proct^fs. And your petitioner^ 
 &c. Then add a noti&cation to the others the petitionees. 
 
 Confent Rule in EjeSment. 
 
 SUPREME COURT, of the term of April,;n the year 
 of our Lord one tlioufand eight hundred. 
 
 IT is ordered, by the confewt of the attornlcs of both part 
 ties, that be made defendant in the ftcad of the' 
 
 now defendant 
 
 iind do forthwith appear at the fuit of the plaintiff and file 
 fiommon bail, and receive a declaration in an aft!«n of ticf- 
 pafs and C'cftment for the premifes in queftion, and forth- 
 with plead thereto not giiilty ; and upon the trial of the 
 jfTue confefs lesfe, entry and oufter, and infjft upon the title 
 only : olherwift kt judgment be entered for the phinliflF, 
 ap-ati.ft the now defendant by default j and if iipoa 
 
 ^ the I 
 
^Jd'ttional Forms, 
 
 trial of the iflue tl c faid fliall ' 
 
 ry and oufter, whrieby the plaintiff 
 ...:tberio profecute his bill againft the fait, 
 cofts lhall be allowed for not profccuting the 
 f. d (hall pay coi^s to the plaintiff in tl 
 
 I :.xtd : and it is further ordered, that if iipon » 
 the faid iffue, a verdift fhall be given for tlie faid 
 it fhali happen that the plaintiff (liall rot further pi 
 his faid bill, for any other caufe than for not con., 
 leafe, entry and oufttr, then the Itffor of the plantiff fli. 
 pay to'the faid cofts in that behalf to be aiijudgcd. 
 
 By the court. 
 
 Rule on the Sheriff, 
 
 Supreme Court. 
 
 John Dae, vs. Richard Roc. 
 
 Sir, Take notice, that a rule has this day been entered i-i 
 the book of common rules, provided for that purpofe, that 
 you bring in the body of the defendant, within twenty days 
 after fervice of notice of faid rule, or that an attachment iffue 
 againft you. From your humble fervant. 
 
 R, $, attorney for plalntiiT. 
 
 Dated 1 5th Feb. 1 800. 
 
 Efq. nieiiffof 
 
 The nature of the above rule is, that if the (heriff iloes not 
 bring in the body of the defendant, an attachment will iffue 
 againft him, ditefted to the coroner of the county, whofe duty 
 it is to bring the (heriff before the court to anfwer for the 
 contempt — If he does not anfwer to the fatisfaflion of the 
 court, they may order his bonds into the court, and diredl 
 the amount of the debt to be made of them, or they may order 
 the fheriff, then in cuftody, to gaol, till he pays the money. 
 
 Notice of Bail* 
 
 Mayor's Court. 
 
 J. B. admf. C. D. 
 
 Sir, Pleafe to take notice, that 'John Doe, of the fiift ward 
 of the city of gentleman, and Richard Ree, of the fame 
 V 2 place, 
 
Additional Forms, 
 
 ve become fpecialbail for the defendant in 
 and tiie ball-f iece is filed in the clerk's office, 
 ch, i8oo. 
 
 From your bumble fervant, 
 
 £. F. attorney for defendant, 
 efquire, attorney for plaintifF. 
 
 y1 further Mortgage by Indorfement, 
 
 WHEREAS the within named P. P. hath advanced 
 and lent unto the within named IV. IV. the further 
 fum of dollars, the receipt whereof the faid W. fV. doth 
 hereby acknowledge, and thereupon the faid IV. ly. hath 
 entered into one bond or writing obligatory under his hand 
 and feal, bearing even date with thefe prefents, to the faid 
 P. P. in the penal fum of dollars of lawful money of 
 the llate of Nfv/-York, with condition thereunto written, 
 for making the fame void upon payment unto the faid P. P. 
 oii executors, adminiftiators orafiigns, of the fum of 
 dollars of like lawful money, with intereft for the fame, 
 after the rate of on the day of as in and by the 
 faid writing or bond or writing obligatory and the condi- 
 tion thereof, relation being thereunto had may more fully 
 appear ; Now know ye, that as well for the better fecuring 
 and more fure payment unto the faid P. P. his executors, 
 adminiftrators and afligns, of the faid further fum of 
 dollars and intcreft, on the faid day of next enfuing, 
 according to the true intent and meaning of the faid recited 
 bond or obligation, he the faid IV. IV doth hereby for him- 
 felf, his heirs, executors and adminiHrators, covenant| 
 promife and agree to and with the faid P. P. his executors, 
 adminidrators and afligus, that the mcfFuages, &c. and all 
 and Angular other the premifes with the appurtenances by 
 ihe within written indenture of demife or mortgage men- 
 tioned to be granted, bargained, fold and dcmifed, and every 
 part and parcel thereof (hall Hand chargeable, remain, con- 
 tinuc and be a fecurity unto him the faid P. P. his execu- 
 rors, adminiftrators and afligns, as well for the payment of 
 the fum of dollars within mentioned and the interefl 
 :hsreof| as aUo for the payment of the faid further fum oi 
 
 doUart 
 
AJJltional Forms. 
 
 247 
 
 dollars now lent and advanced as aforefald and the i'd« 
 tereil thereof. And that the faid premifes or any part 
 thereof (hall not be redeemed or redeemable either in law 
 or in equity, until not only the faid i'um of dollara be- 
 fore lent and the iiitereft thereof, but alio the faid fum of 
 
 dollara now lent and the intereft thereof lhall be paid 
 and fatisRed unto the faid P. P. his executors, ad mini lira- 
 tors and afligns, aceording to the true intent and meaning of 
 thefe prefents. In witnefs whereof, &c. 
 
 InJlriiS'tons for the Etc^culion of a Commijfton for the Exami- 
 nation of IVitneJfes. 
 
 T'HE commiflloners for both parties are to meet at the 
 times and places for that purpofe to be appointed by 
 the plaintiff's commiflloners, of which due notice is to be 
 given to the defendant's commifSoners, and the cieiks ap- 
 pointed by them are to attend at the fame time. 
 
 The commifGoners begin by aJminiftering to each other 
 the oath annexed to the commiflion and appointed to be ta- 
 ken by them, and they are then to adminifter to the clerk$ 
 their oath alfo annexed. 
 
 The commiflloners are next to require the folicitors or 
 agents for the panies to produce fuch interrogatories as 
 they propofe to have adminiftcred — which being done, all 
 the comniifiioners next fign their names at the bottom of 
 each fet of interrogatories, and after this, neither party can, 
 daring the execution of the comraiflion, adduce any inter- 
 rogatoiies for any purpofe whatever, fo that if either party, 
 on the opening the commiffion, fhould refufe to produce in- 
 terrogatories, fuch party cannot upon this commiflion ex- 
 amine or crofs-examine any witnefies. 
 
 The commifSoners then proceed to make and fettle the 
 preamble or title of the depofitions, at the top of a fheet of 
 paper, which is done in the following form, viz. 
 
 DEPOSITIONS of IVitntJes, produced, fworn and ex- 
 amined on the firft day of May, in the year of our Lord 
 one thoufand eight hundred, at the dwelling houfe of /. K. 
 fitoate in the fourth ward of the city of Schenedady, by 
 
 virtue 
 
yfJJitional Fortnt. 
 
 ▼irtue of a comminion iffuing out of the lionorable court of 
 chancery of the ftate of Nt w- York, to us [_namlng all the 
 comm\[fiiiners~\ deputed for the examination of witneffes in a 
 caufc there depending, whirein A. B. is complainant, and 
 C. D. defendant, on the part and behalf of lUe complain- 
 ant, we the faid commiflluncra, and alfo the clei ks by u8 
 employed for taking and engrofling the faid depofiiions, 
 Laving fiift taken the oaths annexed lo the faid comraiflioQ 
 as thereby required. 
 
 The commifiioners then caufe all perfons but the clerks 
 to leave the room. 
 
 The folicitots being informed that the commiflioner* are 
 ready to proceed, fend a witnefs in the caufe, and with him 
 a note intimating to what interrogatories or parts of inter- 
 rogatories he is to be examined. 
 
 The witnefs having come in, one of the commifiioners 
 taking the interrogatories, and reading the title to the fame, 
 adminifters the following oath to the witnefs — " You fhall 
 *• true anfwers make to fuch queftions as fliall beaflced you 
 " upon thcfi irsterrogatories, without favor or affcftion to 
 
 either party, and therein you fhall (peak the truth, the 
 
 whole truth, and nothing but the truth. So help you 
 •T'od." 
 
 ^Tlie oalh being adminlftered, the witnefs' name and 
 place of abode, addition and age are to be written immedi- 
 ately under the title or preamble of the depoAtions, and the 
 commifiioners mud then proc<.ed to examine hira to the in- 
 terrogatories only which are required by the folicitor wha 
 fent him in, and take his anfwers to each of thefe interro- 
 gatories in the manner following — 
 
 A. B. of L, in the cou'ity of M. in the ftate of Nevr- 
 Yoik, aged twenty five years and upwards, being produc- 
 ed, fworn and examined on the part and behalf of the com- 
 plainant, depofcth as follows— 
 
 To the firft iiitenog.itory, this deponent faith, that he 
 hath known the complainant in the title of thefe interroga- 
 tories named, for ten years now lad patl and upwards; or 
 this deponent doth not know the defendant (as the cafe 
 maybe.) 
 
 To 
 
Additional Formt. 
 
 249 
 
 To the fecond interragotory, ihU dfponeot faith, &'c. 
 (and in the fame manner through alt the inttrrogalortes , or to 
 Juch of them as it may he required to examine him. J 
 
 The witnefs having read the dep 'fiti .n over and approv- 
 ed thereof, or having on rurlher reflection dc Qred the cora- 
 milTioners to make fuch aherations asthetruih may require, 
 he figns his name to each depofition on paper , and hav- 
 ing thus firii(hed his examination withdraws. The coni« 
 miflioners then fign their names on the margin of every 
 (heet, and deliver the fara« to the clerks to tranlcribe on 
 parchrr,ent. 
 
 The next witnefs is then fcnt to the commilHoners, with 
 whom they proceed throughout in the fame manner. 
 
 In order to prove letters, bills and other papers, fuch ex- 
 hibits muft have the following indorfements on them, fign- 
 ed by all the commiffioners prefent, viz. 
 
 Between A. B. (and othsrs) plaintiff's, and C D. defen- 
 dant, on the tenth day of June, is the year of our Lord 
 one thoufand eigbt hundred, at the execution of a commif- 
 £tn for the examinatioD of witneffcs, in this caufe, this pa- 
 per writing was produced and ftiewn to and by hina 
 depofed unto at the time of his examination to the (4th) 
 interrogatory on the com] lainant's pait, and was alfo pro- 
 dticed and fhewn to and by liim depofed unto at the 
 time of his examination to the faid interrogatory on the 
 CCirplainEnl's part. [^Here the commiffionersjign th ir namts.'\ 
 
 When all the witnefles are examined, the depofitions are 
 to be ciigrofTed or tranfcribed on parchment, in the fame 
 manner as the interrogatories, and examined carefully with 
 the paper draft, afte:' which the commifli)ners fign each 
 fl<in of paichinent of the examination and alfo the interroga- 
 tories, and then bind thtra together with the commi^ion 
 (vfua'.ly eaUed making up the commiffion) with feme tape or 
 other ftring, fetting their names and fcals upon the ou fide. 
 But before the commlflion is ftaled upon, they are to fign 
 their names upon the back of the commiffion, towards the 
 middle thereof, under thefe words, viz. 
 
 1 he execution of this commiffion appears by the fche- 
 dule hereto annexed." 
 
 The commiffion fo made up, is takea to be delivered by 
 
 one 
 
2S<3 
 
 ^Jdittonal Porms. 
 
 one of tlie comminioncrs to the pei fon who brings the faftifi 
 to New- York (or Albany) who on his arrival there mud 
 take an oath " That he receivfd the fame of /I.E. one of 
 the commifTionets, and that the fame has not been out of his 
 cuftody, opened or altered fince he received it." 
 
 Military Invalids, 
 
 The foUonu'im Dire Rlons to In'ualid Penfior.ers <were iffiied front 
 the War Off.ce ;« I79J, and Jhould ha've been hiferted between 
 tie pages 134 and 135-] 
 
 PENSIONS paj able every fix months by loan officers in 
 the fefpe<f^ive ftaies. Firft payment to be 4(h Septeraber» 
 1 791. Every application to be accompanied with the follow- 
 ing vouchers 
 
 I ft. The certificate given by the ftate, fpecifying that the 
 perfon pofTefliing the fame is in faftan invalid, and afcertaining 
 the fum to which as fuch he is annually entitled. 
 
 2d. An affidavit agreeable to the following form : A, 3, 
 came before me, one of the juftices of the county of in 
 the ftate of and made oath, that he is the fame A. B. to 
 
 whom the original certificate, in his pofleffion, was given, of 
 which the following is a copy (the certificate gl'ven by the 
 Jiate to be recited) that he ferveJ ( regiment, corps or uejfel) 
 at the time he wasdifabled, and that he now rcfules in the 
 and county of and has refideJ there for the lalt years, 
 previous to which he rcfided in 
 
 In cafe the invalid (h: uid apply fir payment by attorney* 
 the faid attorney, befides the certificate and oath before re- 
 cited, muft produce a fpecial letter of attorney, agreeable to 
 the following form : \ A. B of county of and 
 
 ftate of do hereby conftitute and appoint C Z). of 
 
 my lawful attorney, to receive in my behalf of ' my pen- 
 fion for fix months, as an invalid penfioner of the United States, 
 from the 4th day of March and ending the 4th day of 
 
 September of the fame year. 
 
 Signed andjealedi it frefence of 
 
 Acknowledged before 
 
 Beach- 
 
Betich- Warranli. 
 
 251 
 
 B E N C H-W A R R A N T S. 
 
 Binch Warrar.t In Oyer and Terminer 'when the Defendant is 
 bailable of tourfe by an ordinary Magiflrate. 
 
 - T^HE court ot oyer and terminer and 
 Alha:,jl Countj,Jf. | g^^, j^Uy^y^ the faid county, 
 
 To the fbetiff and conftables of Albany county, and every of 
 them, greeting : We command you to lake A. B. who llands 
 indided for an affault and battery on one C. D. and him 
 forthwith to biing brfore us, or one of us, or before forae juf- 
 ticc of the peace of faid county, to be dealt with according to 
 law. Given at Albany, the day of 1 8jo. 
 
 L. S. 
 
 Note— To be executed by the judge of the circuit 1>. S. 
 
 end ttuo 6thers, common plea judges or af/ifiants. L. S. 
 
 ^effions ^ench Wcrranit inhere the Defendant is to be bailed 
 of courfe. 
 
 Siafe of New-Tori, 1 A. B. C. D. E. efquires, juf- 
 Alhan-i county, ff. \ ticeS; the peace of the people of the 
 State of New-York, in and for the county of Albany to 
 keep, and alfo divers felonies, trefpafles snd other mifdeeds, 
 in the faid county comni'ted to hear and det>:rmine, afligned 
 —To the fneiiff and conftables of the faid county of Alba- 
 ny and to every of tbsm, greeting : We command you to take 
 T". 5^. who is indicted at the court of general fcffions of the 
 peace, held btfore us at the city of Albany, in and for the 
 county aforefaid, for an affault and battery on one X. Y. 
 and bring him before us, or one of ui, or fome o'.her juf- 
 tice of the peace, in and for the faid county to find fuffi- 
 cient fureties for his perfonal appearance at the next gener- 
 al fefQons of the peace to be held for the faid county to an- 
 fwer the premifes aforefaid, and further to be dealt with ac- 
 pording to jufticc. Hereof you are not to fail at your peril. 
 
 Given at the city of Albany, the (any day of the tevna 
 or fefiioDsl day of in tbe year one tboufaiid, &c. 
 
 L. S, 
 L s. 
 L S. 
 Bench' 
 
2St 
 
 Indi8ments. 
 
 Bench Warrant ufed in the Oyer and Term'mer, in Cafes of 
 
 Felony, or tuhere the Defendant it not to be bailed of eourfe. 
 
 jilbanyl ^ ' I ''HE court of oyer and terminer and 
 Couniy ^ ' JL gacl d. livery, in the faid county, To 
 the ihciifF and conrtabl- s of Albany '.ounty, and to every 
 of them, greeting : WE command you to take A. B. 
 C. D. and E F. uh.a (land indidlcd for felony and grand 
 larceny and them forthwith to commit to the common 
 gaol of faid county, and there faftly to keep them until de- 
 livered by due eourfe of law. Given at Albany, the [_any 
 day of term or ftjfioni day of May, MDCCC. 
 
 N. B. To be Jigned by the judge of the S. 
 cireu't, and two others, of the common plea j^l 5I 
 
 judges or ajfiflants. 
 
 Note. Same form in the SefHons, fl'iking out the words Oyer> ^^c. 
 
 and inferiing General SefBwns oi the Ptace. 
 
 Of INDICTMENTS. 
 
 AN indiflment is an accufation at the fuit of the people 
 by the oaths of twelve men of the fame county wherein 
 the offence was committed, returned to enquire of all offences 
 in general in the coanty, determinable by the court into 
 which they are returned, and finding a bill brought before 
 them to be true. % Hawk. 199. 
 
 But when fuch accufation is found by the giand jury, with, 
 out f.uy bill* brought before them, and afterwards reduced tQ 
 a formed indiftmenl, it is called a prefentment. ib. 
 
 A prefentment is a more compiehsniive term than indi6f. 
 ment ; for legularly an indiftment is an accufation given in 
 againft a peiion by the grand inqueit for fome mifdcmeanor, 
 whereunto he is put to anfwer ; but prel'entments not only 
 include fuch indiitmtnts, but alio fome other informations 
 whereunto the pnrty is not put to anfwer ; as prefentmentg 
 of felo de fe, of fus"'" fecit, of deaths per infortunium, and 
 many others. 
 
 Indiflments, grounded upon an offence made by aft of , 
 congrefs, or of the ftate legiflature, mufl by exprefs words, 
 bring the offence within the lubltantial defcription made ii> , 
 the aft, and thofe circumftances mentioned in the ftatute to 
 make up the offence Ihal! not be I'uppUed by the general con» 
 clufion againft the form of the Ilatute. 
 
 * So called before Sadinf. but afterwards termed an indiftmcnc. 
 
IndiSmettlt. 
 
 /nJiametit for Jfauhing and Shooting at 1. C. a Conjlabk, in 
 the Execution oj his Office, 
 
 Jilt. fr "TPHE jurors for the people of the ftate of 
 JllbanytJ. J_ New- York, and for the body of the city and 
 county of Albany, upon their oath prefent, that /I.B. late of 
 the town of Bern, in the county aforefaid, yeoman, and 
 C. D. of the fame place laborer, on the day of in the 
 year of our Lord at the town aforefaid, in the county 
 aforefaid, with force and arms, &c. in and upon /. C. thea 
 being one of the conftables of the faid town of Bern, in the 
 peace of God, and of the peoj le of the faid (late, and in tlie 
 due execution of his faid ofjce of conftable, then and there 
 being, did make an afTault ; and the faid CD. a certain gua 
 of the value of two dollars, then and there charged with gun- 
 powder and leaden (hot, which gun the faid C. D. in both 
 his hands, then and there, had and held, to, againfl and up- 
 on the faid /. C. then and there wilfully, and of his malice 
 aforethought, did fhoot and difcharge, with intent him the 
 faid /. C. then and there felonioufly, wilfully and of their 
 malice aforethought, of them the faid j1. B. and C. D. to 
 Jiill and murder, againft the peace of the peojje of the liate 
 pf New-York and their dignity. 
 
 fndidment ngainjl a Conjlabie for extorting Money from a Per- 
 fan, apprehended by him an a Bench I4^arrant, to let her g» 
 •without carrying her before any JuJIice of the Peace. 
 
 Dela'ware, jr. TPHE jurors for the people of the ftate of 
 JL ISicw- York, and for the body of tlie coun- 
 ty of Delaware, upon their oath prefent, that A. F. late nf the 
 town of Delhi, in the faid county, yeoman, on the fourth day 
 of June, in the year of our Lord one thoufand thea 
 being one of the conftables of the fame town, at the towa 
 aforefaid and in the county aforefaid, did take and arrtft one 
 N, L. fpinfter, by colour of a certain warrant, commonly 
 called a bench warrant, which he the faid /4. F. 'hen a<.\d 
 there had, to apprehend the faid N. L. to anfwer to a certain 
 trefpafs and alTiult, whereof the faid N. then flood u.didted, 
 as the faid .4. F, then and there alledged and pretended, and 
 the faid J. F. her the faid A', then and there had in cuftody ; 
 ?nd that the faid .■i. F. afterwards, to wit, i th^fame day 
 and year aforefaid, at the town aforefaid, in the county afore- 
 W faid 
 
faldi unlawfully, corruptly, deceitfully anJ extorfively, for 
 
 wicked gain fake, and contrary to the duty of his office, did 
 extort, receive and take of and from the faiJ N. the fum of 
 one dollar of lawful money of theftateof New-York, for 
 difcharging the faid N. out of the cuftody of him the faid 
 A. F. without conveying her before any juftice of the peace 
 for the faid county, to anfwrr to the faid trefpafs and afTAulti 
 whereof Ihe was fuppofed to (land indided as aforefaid, to the 
 evil example of M others in the like cafes offending, and 
 againft the peace of the people of the ftate of New- Yoik an4 
 ^cir dignity. 
 
 Indt3ment for Petit Larceny, tuithout Caption, 
 
 r> . n- ''"l'~'HE Jurors for the people of the 
 Many County, ff. | New- York, and for the 
 
 body of the county of Albany, viz. {_Here iifnt the names' 
 cf the g'-and jury] being fworn and charged, upon their, 
 oathprefent, that A. B. late of the city of Albany, labor- 
 er, on the firll day of April, in the year of our Lord one 
 thoufand eight hundred, with force and arms, at the town 
 of Bethlehem, in the county aforefaid, ten yards of calicO| 
 fpolted blue and white, of the value of fifty cents per yardi 
 of the goods of one C. D. then and there being found, fe« 
 lonloufly did fteal, take and carry away, againft the peace 
 of the people of tiie ftate of New- York and liieit dignity, 
 
 J/tJi8tnent for Affault and Battery, at the Sejfwns. 
 
 ctate of Neiu-Tork, 1 /r A ^ court of general fefliooi 
 Adja^iy County, j-"' of the peace, holden at Al- 
 bany, in ?nd for the county of Albany, on the firft day of 
 July, ia the year cf our Lord one thoufand eight hun. 
 dred before A. B. C. D. and E, F. tfquires, and 
 
 others their afibciates, juftices afligned to keep the peace, 
 and alfo^o hear and determine divers felonies, trefpades and 
 other mifdemeanors, in the faid county cotnmltted, (here 
 tpfert tht grand juriet names,) good and lawful men of the 
 county alurtfaid, fworn and charged to enquire^ tor the 
 people of the faid ftate, and the body of the county afore- 
 faid, do,fpon their oalb, prefent, that 7*. S. late of the city 
 
 of 
 
tnSdmenlt, i^S 
 
 bf Albany, in faid county, yeoman, on the day of 
 fn the year of our Loid one thoufand eight hundred, at 
 the city cf Albany, in the county aforefaid, with force ard 
 arms, in and upon one X. T. of the faid city of Albany, m 
 faid county, in the peace of the people of the faid ftate; 
 then and tliere being, did make an affault, and him the fa:d 
 X. T. did then and there beat, fti ike, wound and evil treat, 
 and other wrongi to the faid X. T. then and there did, to 
 the damage of the faid X. T. and againil the peace of 
 the people of the ftatc of New-York and their dignity. 
 
 Indidment for Grand Larceny, at the Seffions, ivilb a Carlton, 
 
 At a court of general fefiions of the peace, holden at Albany, 
 ' in and for the county of Albany, the day of in the 
 year cf our Lord before ^. B. C. D. and E. F. 
 
 efquircs, and others, their affociates, jufticesto keep the 
 oeace in faid county, and alfo to hear and deteimine di- 
 vers felonies, trefpaTes and other mifdemenors, in the faid 
 county perpetrated, affigned — 
 
 ^llcr.y county, Jf. — THE Jurors for the people of ths 
 ftate of New- York, and for tlie body of the county ot' 
 A bany , to wit, (grand jurors namts,) being fv. orn and charg- 
 ed, upon their oath prcfent, that y?. B. late of the town of 
 Bethlehem, yeoman, on the day of in the year of 
 cur Lord one thoufand eight hundred with force and 
 arms, at the town of B;Lhleheni, in the county of Albany, 
 one b^y gelding of the price* of fifty dollars of the goods 
 au<l chattels of one C D. then and there being found, felo- 
 iiionfly did, (leal, take and lcnd,\ away, againft the peace 
 of the people of the ftate of New- York, and their dignity. 
 
 * If the thing ftolcn is any kind of animal the v/ord price 
 is lifed, if inanimate goods the word value. 
 
 + The word lead h ufed if a horfe, if a coia,Jheep, hog, &c. 
 drive, if inanimate goods carry. 
 
 Indidment for pealing a Promiffory Note. 
 
 X. New- York, and tor the body ol tije county 
 
 of 
 
2j6 
 
 JndiSmenfs, 
 
 of Columbia, upon their oath prefenti that C. D. late of the 
 city of Hudjon, in the faid county, yeoman, on the fecond day 
 of SepteiTiber, in the year of our Lord one thoufand 
 at the city aiorefaid, in the county aforefaid, fclonionfly did 
 Heal, take and carry away, one promiffory note, figned under 
 the hand of G. C. bearing date the fixteenth day of Novem- 
 ber, in the year of out Lord one thoufand of the value 
 of two hundred dollars of lawful money of the ftate of New- 
 York, by which faid note the faid G. C. did promife to pay 
 to W, C. or order, two hundred dollars, three months after 
 date ; the faid note, at the time of committing the felony 
 aforefaid, being the properly of one A, B. and the faid fum of 
 two hundred dollars payable and fecured by the faid promif- 
 fory note being then due and unfatisfied, to the faid A. B, 
 the proprietor thereof, againft the form of the ftatute in fuch 
 cafe made and provided, and againff the peace of the people 
 of the ftate of New- York and their dignity. 
 
 JndiSment for forgh,g or utiering a j'alfe Receipt for Money. 
 
 „ _ 'nr'HE Jurors for the people of the 
 
 Many County, Jf. J_ ^^^^ New- York, and for the bo- 
 
 dy of the county of Albany, upon their oath prefent, That 
 yl. B. laie of the city of Albany, yeoman, on the firft day 
 of Augufl, in the year of our Lord one thoufand eight 
 hundred, with force and arms, at the city of Albany, in the 
 tounty of Albany,* fclonioufly and falfely did make, forge and 
 counterfeit, and caufe and procure to be falfely made, lorg- 
 ed and counterfeited, and did wilfully aft and affitl in the 
 falfe making, forging and counterfeiting a certain receipt 
 for money, purporting to be a receipt given to the faid A.B» 
 by one C. D. for the fum of ten dollars, and in full of all 
 demands againft the faid A. B. Which faid falfe, forged 
 and counterfeited receipt for money, fo faifely made, forged 
 and counterfeited as aforefaid, is in the words, letters, fi- 
 gures and cyphers following, to wit : \^Here tnfert the receipt 
 verbatim el literalim'] with intent to defraud the faid C. D. 
 againft the form of the ftatute in fuch cafe made and pro- 
 vided, and againft the peace of the people of the ftate of. 
 New-York and their dignity. And the Jurors aforefaid, 
 
 upon 
 
IttdiSminit. 
 
 257 
 
 upon their oath aforefaid, do further prefent, that the faid 
 /I. B. afiewards, to wit, on the faid firft day of Auguft, in 
 tl;e year of our Lord one thoufand eight hundred aforefaid, 
 with force and arms, at the fa'd city of Albany, in the 
 courity of Albany, felonioufly and falfely did utter and pub- 
 lilh as true, a certain other falfe, forged and counterfeited 
 receipt for money, purporting, &c. [^here hifert as Isfore'] 
 with intent to defraud the faid C. D. (lie the faid A. B. 
 at the faid time when he fo uttered and pabliflied the faid 
 lafl: mentioned receipt for money, then and there well know- 
 ing the fame to be f^lfe, forged and counterfeited) againll 
 the iaxTTi of the ftatutc in fuch cafe made and provided, and 
 againft the peace of the people of the ftate of New- York 
 and their dignity. 
 
 Note. This form, with little variation, will anfwer for 
 promilTvjry notes, b?.iik bills and bills of exchange, &c. but 
 it is ufual in thefe cafes to add a number of counts, all laid 
 fomewhat differently, and it is moft advifeabie fo to do. 
 
 Ind'iSimeni for Burglary, 
 
 C'tly andCountj a/ "1 HE jurors for the people of the ftate 
 New-York, Jf, J X of New- York, and for the body of 
 the city and county of New- York, upon their oath prefent, 
 that John Simpfon,la(e of the out- ward of the city of New- 
 York, in the county of New- York, laborer, otherwife called 
 John Morgan, on the twenty-firft day of April in this prefent 
 year of our Lord one thoufand feven hundred and eighty- 
 r.ine, about twelve of the clock of the night of the fame day, 
 with force and arms, at the out-ward of the city of Nc*. 
 Yoik, in the county of New- York, the dwelling houfe of 
 William Snyder, there fuuated, felonioufly and burgiarioufly 
 did break and enter, and one pepper box made of filver, of 
 the value of two dollars ; one milk pot made.cf filver, of ih« 
 value of three dollars ; two fugar tongs mads of filver, each 
 of the value of one dollar ; three tabic fpoons made of filver, 
 each of the value of one dollar ; one foup fpoon made of 
 filver, of the value of three dollars ; eight tea fpoons made 
 of filver, each of the value of twenty-five cents, and one flock 
 buckle of the value of tw elve and an half cents, of the goods 
 at.d chattels ef the faid William Snyder, ia the fame dwel- 
 
 W 2 iiilg 
 
25* 
 
 Indiamentt. 
 
 ling houfe then and there being found, felonioafly and bur- 
 glarioufly did fteal, take aad carry away, againft the peace 
 of the people of the ftaie of New- York and ihsir dignity. 
 
 IttdiHment for a Robbery on the HighiKOy, 
 
 City and County T 'T^'HE jurors for the people of the flatc 
 of Albany, Jf. J X of New-York, and for the body of 
 the city and county of Albany, upon their oath prefent, that 
 /. L. iate of the city of Albany, in the county of Albany, la- 
 borer, on the day of in this prefent year of oar Lord 
 with force and arms, at the faid city of Albany, iu 
 the county of Albany, in a certain public ftreet or highway 
 there, in and upon one M. F. in the peace of God and of the 
 people of the ftate of New- York, then and there being, felo- 
 nionfly did make an aflaulr, and him 'the faid M. in bodily 
 fear and danger of his life, in the ftreet or highway aforefaid, 
 then and there fslonioiifly did put, and three bills of credit 
 of the people of the ftate of New- York emitted, by virtue of 
 a law of the faid ftate, eacii of the valae of five dollars ; two 
 other like biils of credit, each of tlie value of three dollars; 
 five pieces of Spanilh coined filver commonly called quarter 
 dollars, each of the value of twenty-ftve cents, and oi.e pair 
 knee buckles made of fiiver, of the value of two dollars, of 
 the goods and chattels of the faid M. F. from the perfon, and 
 againft the will of the faid M. in the ftreet or highway afore- 
 faid, then and there fe!unioufly a.id violently did ileal, take 
 and carry away, againft the peace of the people of the ftate 
 of New- York and their dignity. 
 
 Ind'iSIment for Arfon. . 
 
 City atidCottnty "IT"' HE jurors for the people of the ftafe 
 of Albany, Jf. / A of New- York, and for the body of 
 the city and county of Albany, upon their oath prefent, that 
 N. A, a negro woman flave of A, V. W, of, &c. in the coun- 
 ty of Albany, yeoman, not having the fear of God before 
 her eyes, but being moved and fcduced by ihc inftij^ation of 
 the devil, on the day of in the year of our Lord 
 aboat the hour of of the clock in the of the fiime day, 
 
 vsiih 
 
Indldmettls. 
 
 with force and arms, at aforefaid, ia the county aforefaid, 
 a certain barn of one J. ^. S. then and there fuuated, felor.i- 
 cufiy, wilfully and malicioufly did fet fire to, and the fame 
 barn then and there by fuch firing as aforefaid, felonioufly, 
 wiifaily and maiicioufly did burn and confume, againtl the 
 form of the ftatute in fuch cafe made and provided, and againft 
 the peace of the peaple of the Itate of New- York and their 
 dignity. 
 
 InJiilment for Murder. 
 
 City and Countyl \ ^ HE jurors for the people of the 
 cf Albany, JJ". j X ftate of New-York, and i'or the bo- 
 cy of the city and county of Albany, upon their oath pre- 
 fent, that E. S, late of, &c. in the county of Albany, yeo- 
 inan, not having the fear of God before his eyes, but being 
 moved and feduced by the inftigation of the devil, on the 
 
 day of in the year of our Lord one thauiund 
 with force and arnis at aforefaid, i:i the county afore- 
 faid, in and upon E. M. in the peace cf G^d and of the 
 people of the ftate of New-York, then and there being, 
 felonioufly, wilfully and of his malice aforethought, did 
 nake an alTault, and that the faid E. S. a * certain gun of 
 the value of two dollars, then and there charged with gun- 
 powder, and thirty leaden (hot, which gun he th; faid E. S. 
 ID both his hnnda, then and there had and held, to, againft 
 and upon the faid E. M. tlien and thtre felonioufly, wilful- 
 ly and of his malice aforethought, did (hoot and uifcharge, 
 and that the faid E. S. with the leaden /hot afoiefaid, out 
 ©r the gun aforefaid, then and tlicre by force of the gun- 
 powderand (hot, fent forth as aforefaid, the aforefaid E. M, 
 in and upon the uppermoft and thickeft part of the right 
 thigh of him the faid E. M. then and there, with the lead- 
 en (hot aforefaid, nut of the gun aforefaid, by the faid E. S. 
 fo as aforefaid, fhot, difchaiged, and fent forth, feloniouf- 
 ly, wilfully and of his malice aforethought, did ftiiiie, pen- 
 etrate, and wound, giving to the faid E. M. then and there, 
 with the leaden (hot aforefaid, fo as aforefcid fhot, dif- 
 charafd and fent forth out of the gun aforefaid, by the 
 faid E, S. in and upoo the uppcrmoil and tliickcfl part of 
 
 the 
 
26o 
 
 Inquifitiont. 
 
 the right thigh of him the faid E. M. one mortal wound of 
 the depth of fix inches, and of tlie breadth of three inches, 
 o'f which faid mortal wound, the faid E. M. then and 
 there ini\antly died : And fo the jurors aforefaid 
 upon tlieir oath aforefaid, do fay, that the faid E. S, the 
 faid E. M. then and there in manner and form aforefaid, 
 felonioufly, wilfully, and of his malice aforethought, did 
 kill and murder, againft the peace of the people of the 
 ftate of New-York and their dignity, and agaitift. the form 
 of the flatiite in fuch cafe made and pruvidtd. 
 
 * Or thus — A certain fpcar of the value of thirty cents, 
 w-hith he the faid E. S. in his right hand, then and there 
 had and held in and upon the breafl of him the faid 
 E. M. then and there felonioufly, wilfully and of his malice 
 aforethought, did ftrike, thruft and ftab, giving to the 
 faid E. M. then and there being with the fptar afore- 
 faid, in and upon the breafl of liim the faid E. M. one 
 mortal wound of the bi padtb of one inch, and of the depth 
 of five inches, of which faid mortal wound the faid E. M. 
 from the day of aforefaid until the day of in the 
 year of cur Lord at aforefaid, did langui/h, and Ian. 
 guifhing did live, on v^hich faid day of in the year laft 
 aforefaid, the faid E M. at afoiefoid, in the county afore- 
 faid, of the faid m.ortal wound, died. And fo, <ic. 
 
 INQUISlTiOMS by COROKERS. 
 
 /In Itiqtii/tiioii laJtm before the Coroner where the Deceafed was 
 
 •wilfullj po'ifonetl. 
 
 , /r A ^ inquifiiion indented, taken for the 
 
 Uela^are.J}. ^^^^^^ j,^^ ^.^^^ New-York, at 
 
 the town of Kortright, in the faid county, this fixih day of 
 May, in the year of oui Lord one thoufand eight hundred 
 before C D. one of the coroners for the faid county, 
 on a view of the body of /I. B, then and there lying dead, 
 upon the oaih of \ Here tnjert the jurors names^ good and 
 lawful meu of faid county, duly fummoaed; and whu being 
 
 then 
 
Inqu'tfiiions. 
 
 then and there duly fworn and charged to enquire for the 
 faid people, when, how, and by whom the faid /I. B. cajne 
 to his death, do upon their oath fay, that M. B. late of 
 the town of Kortright, in the county aforclaid, yeoman, 
 not having the fear of God before his eyes, but being mo- 
 ved and feduced by the inftigation of the devil, and of his 
 malice aforethought, contriving and intending him the faid 
 y^. B. with poifon felonioudy to kill and murder, on the 
 firft. day of May, in the year aforefaid, with force and arms, 
 at the town aforefaid, in the county aforefaid, a great quan< 
 tity of white arfenic, beiHg a deadly poifon, in a certain 
 quantity of water-gruel felonioufly, wilfully and of his 
 malice aforethought, did mix and mingle, he the faid M. B. 
 then and there well knowing the faid white arfenic to be a 
 dead'y poifon ; and that the faid M.B, afterwards, to wit, on 
 the fame day and year laft aforefaid, at the town aforefaid, in 
 the county aforefaid, the poifon aforefaid, fo as aforefaid 
 mixed and mingled, felonioufly, wilfully and of his malice 
 aforethought did give arid' offer to him the faid A. B. to 
 take, drink and fwallow down ; and that the faid //. B. 
 not knowing the poifon aforefaid in the water-gruel afore- 
 faid to have been mixed and mingled as aforefaid, after- 
 wards, to wit, on the fame day and year aforeAiid, at the 
 town aforefaid, in the county aforefaid, the faid poifon fo 
 as aforefaid mixed and mingled, by the procurement and per- 
 fuafion of ihe faid M. B. did take, drink and fwallow down ; 
 and thereupon the faid A. B. by the poifon aforefaid, fo as 
 aforefaid taken, drank and fwallowed down, became then 
 ar,d there fick and diflempered in his body ; and the faid 
 A. B. of the poifon aforefaid, and of the fickncfs and dif- 
 temper thereby occafioned, from the faid firft of May in 
 the year aforefaid, until the fifth day of the faid month in 
 the fame year, at the town aforefaid in the county aforefaid, 
 did languifh, and languifhing did live ; on which faid fifth 
 day of May, in the year aforefaid, at the town and in the 
 county aforefaid, he the faid A. B. of the pnifon aforefaid, 
 and of the ficknefa and diftemper thereby occafioned, did 
 die ; and fo the jurors aforefaid, upon their oath aforefaid, 
 do fay, that the faid M. B. him the faid A. B. in manner 
 and by the means aforefaid, felonlouHy, wilfully, and of his 
 y mal tee 
 
262 
 
 tnqu\fuiont. 
 
 iral'ce aforethought, did poifon, kill and murder, agai'nft 
 the peace of the people of the faid ftate and their digsity ! 
 and that after t!ie faid M. B. had done and committed the 
 felony and murder aforefaid, in manner and by the me^nj 
 aforefaid, the faid M. B. withdrew and fitd for the fame ; 
 and that at the time of doing and commiiting thereof, or 
 at any time fince, he the faid M. B, had no goods or chat- 
 tels, lands or tenements, within the faid county or elfe« 
 \wherf, to the knowledge of the faid jurors. In vvitnefs 
 whereof, as well the faid coroner, as the faid \^h:re again 
 infert the jurors names'^ have to this iriqnifjlicn fet their 
 hands and feals, the day, year snd place firll above nien* 
 tioned.* 
 
 * Where a perfcn is to be indiSed for a murder, it is ne- 
 ceCTary that the inquifition fhould be figned by aii the jurors; 
 but where there is to be no trial, the atteft^iioii may be by 
 the coroner at d the foreman of the jury in the iiaine of the 
 whole, ss follows : " In witntfs whereof bs Wf H 'hf laid cor- 
 " oner ■>% the faid 0. P. the f.ireman of the faid jurors, on the 
 " behalf of himfelf ^nd the reft of his fellows, in their pre- 
 " fence, and with their affent, have to this iiiquifiiion fet 
 *' their hinds au.d Teals the day, year and place fiifl above 
 •' written," 
 
 Jnquijitton where the Death tvns occajtoned by Chance- Medley>' 
 
 [Caption fee the 1 'TO H AT B. late of the town afore- 
 
 jirji Inqu'r/iiion.'] j Ji. faid, laborer, on the firft day of 
 March, m the year aforefaid, at the town and in the coun- 
 ty aforefaid, a certain gun, of the value of two dollars, then 
 and there charged with gun-powder and a leaden bullet, 
 xvhich the faid /i. B. then and there had and held in both 
 his hands, then and thire cafually, and by misfottune, and. 
 againll the will of him the faid B. difcfiarged and (hot 
 oflF ; and that the faid yf. B. with the leaden bullet afore- 
 faid, then and there difcharg-.d and (hot out of the faid gun» 
 by force of the gun-powder aforefaid, him the faid C, D. 
 in and upon the left bread of him the faid C. D. cafually, 
 by Hiisfortune, and againft the will of him the faid ■4. B. 
 did then and thtre ftrikc and penetrate, giving unto him 
 
 the 
 
Inqutfitiont, 
 
 the faid C. D. then and there with the bullet aforef^id, out 
 of the gun aforefaid, fo as aforefaid (hot off and difcharged 
 by the force of the faid gun-powder, in and upon the faid 
 left bread of him the faid C. D, one mortal wound, of the 
 breadth of one inch, and the depth of three inches ; of 
 which faid mortal wound he the faid C. D. then and there 
 inflantly died : and fo the jorors aforefaid, upon their oath 
 aforefaid, do fay, that the faid A. B- him the faid C. D. 
 in manner and by the means aforefaid, cafualiy, and by 
 inisfortune, and againft the will of him the faid A. B. did 
 ^11 and flay. In witnefs, Sec. [See lie f.rjl inqu'>ftiion.'\ 
 
 ' Jaqu'ifition luhcre the Deceafed (being a Lunatic) drotuned him- 
 felf !n a River. 
 
 [Caption fee the \ T^HAT the faid A. B. not being of 
 jirjl Inqu\Jxtion,'\\ X found mind, memory, and undcr- 
 ftanding, but lunatic and diftraded, on the firit day of May, 
 jn the year aforefaid, at the town and in the county afore- 
 faid, to wit, into the river Mohawk, there did caft and 
 throw himfclf, by means of which faiJ cafting and throw- 
 ing he faid A. B. in ihe waters of the faid river was then 
 and there fufFocated and drow.iid ; of which faid fufFoca- 
 tion and drowning he the faid A. B. then and there infta;it- 
 ly died : and fo the jurors aforefaid, upon their oath afore- 
 ' "faid, do fay, that the faid A. B. in ma.iner and by the 
 : mean: aforefaid, not being of found mind, mernory, and 
 I nnderftanding, but lunatic and diftrafted, did drown and 
 kill himftlf. In witnefs, &c. {_See the Jirjl inquiftiion^ 
 
 Jnqwption ivhere a fane Per/on Jlabbed hlmfelf with a ^tuard. 
 
 \Caption, fee tJie\ T^HAT the faid A. B. not having the 
 firft Jnquijilion.j^ A fear of God before his eyes, hwt 
 I being moved and fcduccd by the initigation of the- devil, on 
 the firft day of May, in the year aforefaid, with force an.i 
 arms, at the town aforefaid, in and upon liioiftif, in the 
 peace of God a^id the people of die (late of New- York, tlierj 
 tod there being, fulonioufly, wilfully, and of his malice 
 
 aforethought 
 
Inqulfilions, 
 
 aforethought, did make an affault ; and that the faid ^. B. 
 with a certain drawn fword, made of iron and fteel, of the 
 value of two dollars, which he the faid B. then and 
 there had and held in his right hand, did then and there 
 give unto himfelf one mortal wound in and upon ihe belly 
 of him the faid A. B. near the left groin, of the breadth of 
 one inch, and of the depth of four inches ; of which faid 
 mortal wound he the faid A. B. then and there inftantly di- 
 ed, and fo the jurors aforefaid, upon their oath aforcfaiJ, 
 do fay, that the faid .V. B. in manner and by the means 
 aforefaid, fclonioufly, wilfully, and of his malice afore- 
 thought, did kill and murder himfelf, againft the peace of 
 the people of the (late of New-York and their dignity. 
 In witnefs, &c. \_See the Jirjl inguijition.'^ 
 
 Inquj/itisn nvhere a fane Per/on cut his Throat, 
 
 \_Caption, fee ihe \ ^"•HAT the faid M. P. not having 
 JirJl Inquijition.2 i A the fear of God before his eyeSi 
 but being moved and feduced by the inftigation of the de» 
 vil, on the fn ftday of May, in the year aforefaid, with force 
 and arms, at the town aforefaid, in the county aforefaid, in 
 in and upon himfelf, the faid M. P. in the peace of God 
 and the people of the (late of New- York then and there 
 being, felonioufly, wilfully and of his malice aforethought 
 did make an affault ; and that the faid M. P. with a cer- 
 tain knife, made of iron and fteel, of the value of twelve 
 cents, which he the faid M. P. in his right hand then and 
 there had and held, the throat or gullet of him the faid 
 M. P. did then and there ftrike and cut, thereby then and 
 there giving unto himfelf the faid M. P. with the knife 
 aforefaid, in and upon the faid throat or gullet of him the 
 faid M. P. one mortal wound, of the length of four inches, 
 and of the depth of one inch ; of which faid mortal wound 
 be the faid M. P. then and there inftantly died ; and fo 
 the jurors aforefaid, upon their oath aforefaid, do fay, that 
 the faid M. P- in manner and by the means aforefaid, felo- 
 nioufly, wilfully, and of his malice aforethought, did kill 
 and murder himfelf, againft the peace of the people of the 
 ftate of New-York and their dignity. In witnefs, &c. 
 [_See the Jirji inqiij/iiion.^ Conftitution 
 
CONSTITUTION 
 
 O F T H E 
 
 UNITED STATES. 
 
 WE, The People of the United States, in order to form a 
 more perfeiS Union, eftablifh Juftice, infure domefttc 
 Tranquility, provide for the common Defence, promote 
 the general Welfare, and fecure the Blefliugs of Liberty 
 to oiirfelve?, and our Pofterity, do ordain and estab- 
 lish this CONSTITUTION for the United States 
 GF America. 
 
 ARTICLE I. 
 
 j Sscl. I. A LL legiflative powers herein granted, (hall be 
 jtx. vefled in a Congrefs of the United States, 
 which fiiallconfift of a Senate and Houfe of Reprefcniatives. 
 
 SeS, 2. The houfe of reprefentatives rtiall be corapofcd 
 of menjbers chofen every fccond year by the people of the 
 feveral ftares ; and the eled^ors in each Rate ftiall have the 
 qualifications reqwfite for elediors of the molt numerous 
 branch of the ftate Icgillature. 
 
 No perfon ftiall be a reprefeniative who (hall not have at- 
 tained to the age of twenty five years, and been fevcn years 
 a citizen of the United States, and who ftiall not, when eleft- 
 cd, be an inhabitant of that ftate in which he fliall be chofen, 
 Reprefentativesand direft taxes (hall be apportioned an ong 
 the feveral (lates which may be included w ithin this union, 
 according to their refpeftivc numbers, which (hail be deter- 
 mined by adding to the whole number of free peifons,incIud> 
 ing thofc bound to fervice for a term of years, and excluding 
 ladiaas not taxed, three fifths of all other peifons. The ac- 
 Y tual 
 
466 
 
 Confiitutlon of the Un'tttd Staht, 
 
 tua! enumeration fhall be made within three years after the 
 firft meetingof thecongrefsof the United States, and within 
 every fubfequent term of ten years, in fuch manner as they 
 ftall by law direiS. The number of reprtfcntativcs fhall not 
 exceed one for every thirty thoufand, but each ftate (hall have 
 at lead one reprefentative j and until fuch enumeration (hall be 
 made, the ftate of New-Hamp(hirc fhall be entitled lochufe 
 three ; MafTachufetts, eight ; Rhode- 1 (land and Providence 
 Plantations, one ; Connetticut, five ; New- York, fix; New- 
 Jerfey, four ; Pennfylvsnia, eight ; Delaware, one ; Mary- 
 land, fix ,; Virginia, ten ; Notth-Carolina, five ; South-Ca- 
 rolina, five ; and Georgia, three. 
 
 When vacancies happen in the repref«ntation from any 
 ilate, the executive authority thereof l^all iffue vyiit? of elcc« 
 tion to fill fuch vacancies. 
 
 The houfe of reprefentatives fhall chufe their fpeaker and 
 «ther officers ; and fliall ha'e the Cole povyer of impeaphment. 
 
 Se£i. 3. The fenate of the United States (hall be compof- 
 ed of two fenators from each ftate", clicfen by the legiflatur^ 
 thereof, for fix years ; and each fenator fi)all have one vote, 
 
 Imnjediately after they (hall be affcmblcd, in confequencQ 
 of the firft eleftion, they ftiall be divided as equally as may 
 be into three clafTes. The feats of the fenator; of the firj^ 
 clafs fhall be vacated at the expiration of the ftcond year, 
 of the fecond clafs at the expiration of the fourth year, and 
 of the third clafs at the expiration of the fixlh year, fo that 
 one third may be chofen every fecond year ; and if vacan- 
 cies happen by refignation, or otherwife, during the recefs 
 of the legiflature of any ftate, the executive thereof may 
 make temporary appointments \intil the next meeting of 
 the legiflature, which fliall then fill fuch vacancies. 
 
 No perfon fhall be a fenator who fhall not have attained 
 to the age of thirty years, and been nine years a citizen of 
 the United States, and who (hall Dot, vrhen elefted, be aq 
 inhabJtant of that ftate for which he fhall be chofen. 
 
 The vice-prefident of the United States (hall be prefiden^ 
 of the feoate, but (kail haye fio yote pnlcfs they be equally' 
 diridcd. 
 
Conjilution of the United Stailt, 
 
 26f 
 
 The fcnate flTsll chnfe their other ofBcers and alfo a prcfident 
 7 I pro tempore, in the abl'tnce of the vice-ptefident, or when he 
 * I fhall exercife the office of prefident of the United States, 
 
 The filiate fnall have '.he fole power to try all impeach- 
 ments. When fitting fin that purpofe, they (hall be on 
 t oath or aiEimation. When the prelident of the United 
 [ States is tiied, the chief jiiftice fiiall prefide : And no per- 
 £cn flial! be convifted without the concurrence pf ttyo third* 
 cf the me Jibes prefent. 
 
 judga.eiit in cal^ts of impeachment fhall not extend fur- 
 ther than to removnl from office, and difqualification to 
 I bijld and enjoy any cfSce of honor, truft or profit under the 
 I iJniled States ; but ijie party cor.vjfted flisll neverthelefs 
 be liable and fubjec\ to iiidi£\ment, trial, judgment and 
 puiiiHiraent according to law. 
 
 Sed. 4. The times, places and itiaiiner of holding eleftiona 
 for fenators and reprefentotives, (halt be prefcribed in each 
 ftate by the legiflature thereof : but the congrtfs may at 
 any time by law mate or aiter fuch regulations, except as 
 to the places of chufing fenators. 
 
 The cotigrefs (hall offemble at kaft once in every year, 
 and fuch mettirg lliall be on the Grft Monday in Dccembtfj 
 unit fa they (hall by law uppoir.t a different day. 
 
 Sea. 5. Each hoafe (hall be the judge of the e1e£lton«, 
 returns and qualifications of its own members, and a ma- 
 jority of each flrall confiituie r quorum to do bufinefs ; but 
 a fmaller number may adjourn from day to day, and may be 
 authorifed to compel the aliendance of abfcnt members, in 
 fuch manner, and under fuch penalties as each houfe may 
 proTide. 
 
 Eich houfe may determine the rules of its proceedings, 
 piinifh it? menrbers for difotderly bfhavicr, and, with the 
 concurrence of two thirds, expel a member. 
 
 Each houfe fhall keep a journal of its proceedings, and 
 from time to time publifh the fame, excepting fuch parts as 
 rozy in their jadgmtnt require fecrecy ; and the yeas and 
 srd nays of the members of either houfe on any queflion 
 fhall, 3t the defire of one fifth of thofe preftnt, be entered 
 cn the Joiirna!, 
 
 Neither 
 
368 
 
 Conjlitution of the Untied States. 
 
 Neither houfe, during the feflion of congrefs, fliall with- 
 out the conl'ent of the other, adjourn for more than three 
 days, nor to any other place than that in which the two 
 houfee (hall be fitting. 
 
 Se8. 6. The fenators and repreftniatives fhall receive a 
 compenfation for their fervices, to be afcertained by law, 
 and paid out of the ttcafury of the Unitfd States. They 
 fhall in all cafes, except treafon, felony and breach of the 
 peace, be privileged from arrt ft during their attendance at 
 the feflion of their refpeftivt houfeo, and in going to and 
 returning from the fame ; and for any fpeech or debate in 
 tilher houfe, they fliall not be queftioiicd in any other placCi 
 
 No I'enator or rcptefentalive fliall during the time for 
 which he was elt6led, be appointed to any civil oflSce un- 
 der ihe authority of the United fetateS) which lhall have 
 been created, or the emoluments whereof fhall have been 
 j'ncrcafed during fuel) time ; and no perfon holding any of» 
 Jice under the United Statts, ftiall he a member of either 
 houfe during his continuance in office. 
 
 Se8. 7. All bills for raifmg revenue fhall originate in the 
 houfe of reprefentatives ; but the fenate may propofe or 
 concur with amendments as on other bills. 
 
 Every bill wiiich fliall hate paffcd tlit houfe of repre- 
 sentatives and the fenate fliall, before it become a law, be 
 prefented to the prefidtnt of the United States ; if lie ap- 
 prove he (hall fign it, but if not lie flrall return it, with 
 his obji;(flion3 to that houfe in which it fliall have originat- 
 ed, who fliall enter the obj.dlions at large on their journal, 
 and proceed to reconfider it. If after fucb rcconfidera' ion 
 two-thirds of that houfe fliall agree to pa fs the bill, it fhall 
 be ftnl, together with the obj.-dions, to the other houfe, 
 by which it fl.all likewife be recoiifidertd, and if approved 
 by two thirds of that houfe, it fliall become a law. But in 
 all fuch cafes the votes both houfcs fhall be detei mined by 
 ytas and nays, and the names of the perfons voting for and 
 againft the bill fliall be entered on the journal of each houfe 
 refpeftively. If any bill fliall not be returned by the pre- 
 fideni within ten days (Sundays excepted) after it Oiall 
 
 have 
 
Cottftiiulion of the United States, 26 
 
 have been prefented to him, the fame (hall be a law, in like 
 Dianntr as if he had Ggned it, unlefs the congrefs by their 
 adjournment prevent its return, in which cafe it fhall not 
 be a law. 
 
 Every order, refolution or vote, to which the concur- 
 rerce ef the fenate and houfe of reprefentatives may be 
 nectffary (fxcept on a queftion of adjournment) (hall be 
 prefented to the prefident of the United States ; and before 
 the fame (hall take eflc-d, (hall be approved by liim, or, be- 
 ing, difapproved by him, (hall be re-paffed by two.thirds of 
 the fenate and houie of reprefentatives, according to the 
 rules and limitations prefcribed in the cafe of a bill. 
 
 SfP. 8. The congrcfs (hall have power 
 
 To lay and colltd taxes, duties, imports and escife3, to 
 pay the debts and provide for the common defence and 
 general welfare of the United States ; but all diitif s, im- 
 pofts and excifes fhall be uniform throughout the United 
 Stated : 
 
 Toborrovi' money on the credit of the United States ; 
 To regulate commerce with foreign nations, and among 
 the feveral (tates, and with the Indian tribes ; 
 
 Toeftablifli an uniform rule of naturalization, and uni- 
 form laws on the fubjsdt of bankruptcies throughout the 
 United States; 
 
 To coin money, regulate the value thereof, and of 
 foreign coin, and fix the flandard of weights and meafures ; 
 
 To provide for the puni(hment of counterfeiting the 
 fecurities and current coin of the United States ; 
 
 To eftablifh po;\-offices and po It roads ; 
 
 To promote the progrefs of fcience and ufeful arts, by 
 fecuring for limited times to authors and inventors the ex- 
 clufive right to their refpedtive writings and difeoveries ; 
 
 To conftitute tribunals inferior to the fupreme court ; 
 
 To define and punilh piracies and felonien committed on 
 the high feas, and offences againft the law of nations ; 
 
 To declare war, grant letters of marque and rcprifal, 
 and make rules concerning captures on land and water ; 
 
 To raife and fupport armies, but no appropriation of 
 money to that ufe (hall be for a longer term that two years ; 
 
 To provide and maintain a navy j 
 
 Y 2 To 
 
Confitlution of the Uniud States. 
 
 To make rules for the gavernment and regulation of l,b« 
 
 land and naval forces ; 
 
 To provide for calling forth the militia to execute tH« 
 laws of the union, fupprefs infurreflions and repel invafions ; 
 
 To provide for organizing, arming and diiciplining the 
 militin, and for governing f\]ch part of them as may be em- 
 ployed in the fcrviceof the United States, referving to the 
 ftates rcfpedlively, the appointment of the officers, and the 
 authority of training the militia according to the difciplioc 
 prefcribed by congrcfs. 
 
 To extrcife exclufivo Icgiflation in all cafes whatfoever» 
 over fuch diftrid (not exceeding ten miles fquare) as may', 
 by cefTion of particular ftates, and the acceptance of congrefs, 
 become the feat of the government of the United States, 
 aod to exercife like authority over all places purchafed by 
 the confent of the iegiflature of the (late in which the fame 
 (hall be, for the ere(ftion of forts, magazines, arfen^ls, dock- 
 yardf, and other needful buildings ; 
 
 And, to make all laws which (hall be neceflary and pro- 
 per for carrying into execution the foregoing powers, and 
 all other powers veiled by this conftitution in the govern- 
 ment of the United States, or in any depattraent or officer 
 thereof, 
 
 SeB. g. The migration or importation of fuch perfons 
 as any of the dates now exifling (hall think proper to admit, 
 fhall not be prohibited by the congrefs prior to the year one 
 tlinufand eight hundred and eight, but a tax or duty may 
 be impofed on fuch importation, not exceeding ten doliare 
 for each perfon. 
 
 The privilege oT the writ of hahfas corpus (hall not be 
 fufpi.nded, unlefs when in cafes of rebellion or invafion the 
 public (afety may require it. 
 
 No bill of attainder or expojl fado law (hall he paded. 
 
 No capitation, or other diredt tax, (hall be bid, unlefs in 
 proportion to the cenfus or enumeration herein before 
 direfled to be taken. 
 
 No tax or duty (hall be laid on articles exported from 
 any ftate. No preference fhall be given by any regulation 
 
 of 
 
Conjlitutlon of the United Sfatffy 
 
 of commerce or revenue to the ports of one ftateover thof^ 
 of another ; nor (hali vefTels bound to, or from, one (late, be 
 obliged to enter, clear, or pay duties in another. 
 
 No money Hiall be drawn from the treafury, but in con- 
 fequence of appropriations made law ; and a regular ftate- 
 mcnt and account of the receipts and expenditures of aU 
 pnbh'c money (hjll be publilbed from time^to time. 
 
 No title of nobility fliall be granted by the United States ; 
 and no perfon holding any office of profit or truft under them 
 {hail, without the confent of the congrefs, accept of any prCr 
 fent, emolument, office, or title of any kind whatever, front 
 any king, prince or foreign flate. 
 
 5(8. 10. No (late (hall enter into any treaty, alliance, or 
 confederation ; grant letters of marque and reprifal ; coin 
 monty ; emit bills of credit ; make any thing but gold and 
 lilver coin a ttnder in payment of dtbis ; pafs any bill of at- 
 tainder, fx pojl faSo law, or law impairing the obligation 
 of contraifls, or grant any title of nobility. 
 
 No ftate fliall, without the confent of ihe congrefs, lay any 
 impods or duties on imports or exports, except what may be 
 abfolutely neceflary for executing its infpediion laws ; and 
 the net produce of all duties and imports, laid by any ft tte 
 on imports or exports, (hall be for the nfe of the treafury of 
 the United States ; and all fuch laws (hall be fubjeft to the 
 levifion and controul of the congrelk. No ftate (hall, with" 
 out the confent of congrefs, lay any duty of tonnage, keep 
 troops, or (hips of war in time of peace, enter into any 
 agreement or compafi wiiJj another Hate, or with a foreign 
 power, or engage in war, unlefa aftually invaded, or in fucbi 
 imminent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 SeB. I . The executive power fhall be vefted in a prefident 
 of the Uuited States of America. He (ball hold his ofiice 
 during the term of four years, and, together with the vice- 
 prefident, chofen for the fame term, be elefted as follows : 
 
 Each ftate (hall appoint, in fuch manner as thelegifljturc 
 thereof may diredl, a number of cleftors, equal to the whole 
 number of fennlors and reprefentatives to which the ftate 
 
 may 
 
272 ConJiUution of ihc Un'tud States. 
 
 may be entitled in the congrefs : but no fenator or teprC'- 
 fentative, ©r perfon holding an office, of truft or profit, un- 
 dci the United States, fliail be appointed an cleftor. 
 
 The ele(Sor8 fliall meet in iheii rtfpe£live llatcs, and vote 
 by ballot for two perfoos, of whom one at lealt (fiall not be 
 an inhabitant of the fame ftate with themfclvea. And they 
 fhall make a lift of ail the perfoos voted for, and of the num- 
 ber of votes for each ; which lilt ihty lhall fign and certify, 
 and tranfmit fealed to the feat of the government of the 
 United States, diredled to the prcfident of the fenate ; the 
 piefidcnt of the fenate fhall, in the prcfentc of the ftnate and 
 houfe of reprefentatives, open all the ctttificatts, and the 
 votes fhall then be counted. The pctfon having the great- 
 eft number of votes fhall be the prdident, if fuch number 
 be a majority of the whole number of eieftors appointed ; 
 and if theie be more than one who have fuch majority, 
 and have an equal number of votes, then the houfe of 
 reprefentatives (hall immediately chufe by ballot one of them 
 for prefident ; and if no) perfon have a majority, then from the 
 five higheft on the lift, the faid houfe (hall in like manner 
 chufe the prefident. But in chuling the piefident the votes 
 fhall be taken by ftates, the reprefentation from each ftate 
 having one vote ; a quotum for this purpofe rtial! confift of 
 a member or membeis from two-thirds ot the ftates, and a 
 majority of all the ftates ftiall be necefTary to a choice. In 
 every cafe, after the choice of the prefident, the perfon hav- 
 ing the greateft nnmber of votes of the ekdtors ftiall be the 
 vice prefident. But if thete ftiall remain two or more who 
 have equal votes, the fenate (hall chufe from them by ballot 
 the vice prefident. 
 
 The congrefs may determine the time of chufing the 
 cle6tors, and the day on which they (hall give their votes; 
 which day (hall be the fame throughout tlie United States. 
 
 No peifon, except a natural born citizen, or a citizen of 
 the United States, at the time of the adoption of thiscon- 
 flitution, (hall be eligible to the office of prci.dtnt ; neither 
 (hall any perfon be eligibh to that office who ftiall not have 
 attained to the age of thirty-fire ytrats, and been fourteen 
 years a refidrnt within the United States. 
 
 In cafe of the removal of the prefident from office, or of 
 
 hit 
 
Conjltluiion of the Untied States, 
 
 273 
 
 his death, refignation, or inability to difcharge the powers 
 aiid duties of the faid ofEtce, the fame fhall devolve on the 
 vice-prcfident, and the congrefs may by law provide for the 
 cafe of removal, death, refignation, or inabiHty, both of ihe 
 prcfident and vice-prefidcnt, declaring what officer (hall 
 tlicD adl as prcfident, and fuch officer ftiall a6t accordingly, 
 until thedifability be removed, or a prefident fhall be elefted. 
 
 The prefident rtiall, at llated times, receive for his fervi- 
 cet, a compenfalion, which Ihall neither be encreafcd nor 
 diminifhed during the period for which he fhall have been 
 cledled, and he ftiall not receive within that period any other 
 emolument from the United SieCes, or any of ihem. 
 
 Before he enter on the execution of his office, he (hall take 
 the following oath or affirmation : 
 
 " I do folemnly fwear (or affirm) that I will faithfully ex- 
 " ecute the office of prcfident of the United States, and will 
 *• to the beft of my ability, prtferve, prottd and defend the 
 ♦* conftitulion of the United States." 
 
 SeS. 2. The prefident fhall be commander in chief of the 
 army and navy of the United States, and of the militia of 
 the fcveral ftatei, when called into the actual fervicc of the 
 United States ; he may require the opinion, in wiitiog, of 
 the principal officer in each of the executive departments, 
 upon any fubjedl relating to the duties of their velpe flive of- 
 fices, and, he fhall have power to grant reprieves and par- 
 dons for offences agaiuft the United Stales, except in cafes 
 of Impeachment. 
 
 He fhall have power, by and with the advice and confent 
 of the fenate, to make treaties, provided two thirds of the 
 Arnators prefent concur ; and he fhall nominate, and by and 
 with the advice and confent of the fenate, fhall appoint am- 
 balTadors, other public miniflers and confuh, judges of the 
 fupiemc couil, and all other officers of the United States, 
 whofe appointments aie not herein otherwlfe provided for, 
 and which fhall be eflab!ifhed by law. Bat the congrefs 
 may by law veft the appointment of fuch inferior officers as 
 ihc)' think properiii the prefident alone, in the courts of law, 
 or in the Leads of departments. 
 
 The 
 
a 74 Conjtitutton of the Uniud Stat/J. 
 
 The prefident fhall have power to fill up all vacancies ttiat 
 may happen during the recefi of tl:e fcnate, by granting 
 commiiBone which fhall expire at the end of their next fef* 
 fion. 
 
 Se3. 3. He rtiall from time to time give to the congrtfa 
 information of the (late of the union, and recRmmcnd to their 
 confideration foch meafiires as he fhall judge nectflary and 
 expedient ; he may, on extraordinary occafions, convene 
 both houfes, or either of them, and in cafe of difagreement 
 between them, with rcfpeft to the time of adjournment, he 
 may adjourn them to fiich lime as he fhall think proper ; 
 he fliall lective ainbaifadors and other public minif\eis ; he 
 fhall take care that the laws be faithfully executed, and fhall 
 commiffion all the officers of the United States. 
 
 Sfff. 4. The prefidcnt, vice-prefidtnt and all civil officers 
 ?f the United States fhall be renoovt-d from office on im- 
 peachment for, and coT!vi6^ion of, treafoo, bribery, or. ctbcr 
 high, Climes and niifdemeanois. 
 
 ARTICLE Hi. 
 
 S/a. I. The judicial power of the Uflited States, fhall be 
 vef)ed in one fupreme court, and in fuch inferior courts, as 
 the congrefs may from time to time ordain and tftablifh 
 The judges, both of the fupreme and inftrior courts, fhalf 
 hold their cftces during good behavior, and fliall, at tVatcd 
 times, receive for their ferv ices, a compenfation, which fhall' 
 not be diminifhtd during their continuance in office. 
 
 St$. 2. The judicial power fhall extend to all cafes, iu law; 
 and equity, arifing under this conditution, the laws of the 
 U/iited States, and treaties made, or which fhall be made 
 under their authority ; to all cafes afPefting ambaffadore, 
 CKher public miniftcis and confuls ; to all csfesof admiralty 
 an^ maritime jurifJIflion ; to controverfics to whi(h tbi 
 United States fhall be a party ; to controvtrfies between two 
 or more flates, between a {late and citizens of another (tate, 
 betv»een citizens of different ftates, between citizens of the 
 fame flate claiming lands under grants of different Rates, and 
 between a flate, or ihc citiaeus thereof, and foreign flatcs, 
 citizens or fubjcfts. In 
 
CenJIitul'ion of the United Statu, 
 
 275 
 
 lo all cafes tfTef^iDg ambaiTtdors, other public minifters 
 andconfuls, and thofe in which a (late (hall be party, the fu* 
 preme court fhall have original jurifdidiion. In all the other 
 cafes before mentioned, the fupreme court (hall hare appel- 
 late jurifdiction, both as to law and fad, with fuch excep- 
 tions, and under fuch regulations as the congrefs (hall make. 
 
 The trial of all crimes, except in cafes of impeachment, 
 iball be by jury ; and fuch trial (hall be held in the ftate 
 where the (aid crimes (hall have been committed ; but when 
 BOt committed within any ftate, the trial (hall be at fuch 
 place or places as the congrefs may by law have diretled. 
 
 Sea. 3. Treaf6n againft the United States, (hall conHfl: 
 0oly in Ie7,ying war againft thera, or in adhering to their 
 enemies, giving them aid and comlort. No perfon lhall be 
 ^nvlcied of treafon uiiiefs on the teiiimony of tvro wit- 
 pefTes to the fame overt zSt, or on ccnfeflion in open court. 
 
 The congrefs (hall have power to declare the punilhment 
 of treafon, but no attainder of treafon (hall work corrup- 
 tion of blood, or forfeiture, except during the life of the per* 
 ^on attainted. 
 
 ARTICLE IV. 
 
 Sed. i- Full faith and credit (hall be given, in each (late, 
 (o the public afts, records, and judicial proceedings of every 
 other (late. And the congrefs may, by general laws, pre- 
 fcribe the manner in which fuch afts, records and proceed- 
 ings (liall be proved, and the effeft thereof. 
 
 Sea. 2. The citizen* of each ftate (hall be entitled to all 
 privileges and immusities of citizens in the feveral ftates. 
 
 A perfon charged in any ftate with treafon, felony, or 
 other crime, ^bo (hall fiee from j'lftice, and be found in 
 another ftate, fhall, on demand of the executive authority of 
 the ftate from wkich he fled, be delivered up, to he removed 
 to the ftate haying jurifdi£lion of the crime. 
 
 No perfon, held to fervice or labor in one ftate, under 
 |he laws thereof, efcapiag into another, fhall, in confequencc 
 of any law or regulation therein, be difcharged from fuch 
 fervice or labor ; but (hall be dclivared up on claim of the 
 party to whom fuch fervice or labour may be due. 
 
 Sc9. 3. 
 
Conjlilulion of the United States. 
 
 Se8. 3. New ftates may be admitted by the congrefs 
 into this union ; but no new ftate (hall be foimed or erefled 
 within the jiii ifdidion of any other Hate ; nor any ftate be 
 formed by the junclion of two or morr- itates, or parts of 
 dates, without the confent of the Ugiflatures of the ftates 
 concerned, as well as of the congrt fs. ' 
 
 The coiigrt fs Tnall have power to dlfpofe of, and make 
 all needful rules an«l regulations refp'. 6)ing the territory or 
 other property belonging to 1 ht United States : and nothing 
 in this conftitution fiiall be fo conftrucd, as to prejudice any 
 claims of the United Statef, or of any particular ftate. 
 
 Se6l. 4. The United States (hall guarantee to every ftate 
 in this union, a republican form of governmtnt : and (hall 
 protecfl each of them againft invafion ; and on application uf 
 the legiflature, or of the executive (when the legiftature 
 cannot be convened) againft dorncftic violence. 
 
 ARTICLE V. 
 
 The congrefs, whenever two thirds of both houfcs (hail 
 deem it neccfTary, ftiall propofe amendments to this confti- 
 tution, or, on the application of the legifldturesof two thirds 
 of the fever..! Hates, (liall call a convention for propofing 
 amendments: which, in cither cafe, (hall be valid, to all in- 
 tents and put pofes, as part of this conftilutios, when ratified 
 by the Icgidatures of three fourths of the fcveral ftates, or 
 by conventions in tlirce fourths thereof, as the one or the 
 other mode of ratification may be propoftd by the congrefs ; 
 provided, that no amendment, which may be made prior to 
 the year one ihoufand eight hundred and eight, fhall in any 
 rnaiinerafFe<5t thefirft and fourth claufes in the ninth fedlion 
 of the fiift article ; and th.it no ftate, without its confent^ 
 fhall be dtptived of its equal fuffrage in the fenite. 
 
 A R T I C L E VI. 
 
 All debts contrafled and engagements entered into, before 
 the adoption of this conftitution, (hall be as valid againft 
 the United States under this conftitution, as under the con- 
 federation. 
 
 This conftitution, and the laws of the United States 
 
 which i 
 
Conjiitution of the United Slates. 
 
 277 
 
 v.Iiich (KalLbe made in purfuance thereof ; and all trealie* 
 made, or which (hall be made, under the authority of the 
 Unitrd States, (hall be the fupreme law of the land ; and 
 the judges in every ftate fhall be bound thereby, any thing 
 in the conltitution or laws of any ftate to the contrary not- 
 witb (landing. 
 
 The fenators and reprefentatives before mentioned, and 
 the members of the feveral ftate legiOatures, and all execu- 
 tive and judicial officers, both of the United States and of 
 the feveral flates, ftiall be bound by oath or affirmation, to 
 fupport this conftitution ; but no religious teft (hall ever be 
 required as a qualification to any office or public liuft under 
 the United States. 
 
 ARTICLE VII. 
 
 The ratiScation of the conventions of nine ftates (hali 
 be fufficient for the eflablirtiment of this conftitution be- 
 tween the ftates fo ratifying the fame. 
 
 Done in Convention, by the unanimon: cnfent of the Statet 
 prefeni, the feventeenth day of September, in the year of 
 our Lord one thoufand feven hundred and eight)' /even, 
 and ef the Independence of the United Stales of America 
 the tivefth. In witnefs nvhereof we have hereunto fuh* 
 fcribed our names. 
 
 Go : WASHINGTON, Pnjidt. 
 
 New. Hampfhirg, 
 John Langdon, 
 Isicholas Gilman. 
 
 Maffachufetts. 
 Nathaniel Gorbam, 
 Rufus King. 
 
 ConneBicut. 
 
 Wm. Saml. Johnfon, 
 JR.oger Sherman. 
 
 Netv-Tork, 
 
 Alexander Hamilton. 
 
 and Deputy from Fiiginla. 
 
 tietojcrfty, 
 
 Wil. Livingfton, 
 David Breailcy, 
 Wm. Paterfon, 
 Jona.Dayton. 
 
 Pennfylvania> 
 B. Franklin, 
 Thomas Mifflin, 
 Rob. Morris, 
 Geo. Clymer, 
 Thos. Fitzfimons» 
 Jared Ingeifoll, 
 Z James 
 
178 
 
 Cvnjlitutlon of the United State*, 
 
 James Wilfon, 
 Gouv. Morris. 
 
 Delaroare. 
 Geo. Read, 
 
 Gunning Bedford, junr. 
 John Dickinfon, 
 Richard BafTeit, 
 Jaco. Broom. 
 
 Maryland. 
 James M'Henry, 
 Ban. of St. Thos. Jenifer, 
 Dan. Carroll. 
 
 Virginia. 
 John Bldir, 
 James Madifon, jr. 
 
 Attcft. Wi 
 
 North-CaroVma. 
 Wm. Blount,- 
 Richd. Dobbs Spaightj 
 Hu, Williamfon. 
 
 South Carolina. 
 J. Rutledge, 
 
 CharlesCotcfworthPinckney 
 Charles Pinckney, 
 Pierce Butler. 
 
 Georgia. 
 
 Willia.Ti Few, 
 Abr. Baldwin. 
 
 LLiAM Jackson, Secretary. 
 
 In Convention, Monday, September 17, -1787. 
 
 Prefent — The States of New-Hamp(hire, Mafiachufetts, 
 Conoedicut, Mr. Hamilten, from New- York, New Jer- 
 fey, Pcnnfylvania, Delaware, Maryland,Virginia, North- 
 Carolina, Soutii-Carolina and Georgia. 
 
 Resolved, 
 
 THAT the preceding conftitution be laid before th? 
 United States in congrefs aflembled, and that it is 
 the opinion of this convention, that it (hould afterwards be 
 fubmitted to a convention of delegates, chofen in each 
 ftate by the people thereof, under the recommendation of 
 its legiflature, for their uifcnt and ratification ; and that 
 each convention affeniing to, and ratifying the fame, Ihould 
 give notice thereof to the United States in congrefs affeni- 
 bled. 
 
 Refolved, That it is the opinion of this convention, that 
 fooQ as the conventions of nine ftates Hiall have ratifiej 
 
 thio 
 
Ccnjlitutlon (,/ the United States. 
 
 2/9 
 
 Ihis conftltution, the United States in congrefs affembled 
 ftould fix a day on which elcftors fhould be appointed by 
 the ftates which (hall have ratified the fame, and a day on 
 which the eieclors fhould aflcmble to vote for the piefident, 
 and the time and place for commencing proceedings under 
 this conftitution. That after fuch publication the eleflora 
 Ihould be appointed, and the fenators and reprefentatives 
 elefted : That the electors fhould rtieet on the day fixed for 
 the cleAion of the prefident, and fhould tranfmit their votes 
 certified, figned, fealed, and directed, as the conftitution re- 
 quires, to ihe fecretary of the United States in congrefs 
 affembled, that the fenators and reprefentatives fhould con- 
 vene at the time and place afligned ; that the fenators fhould 
 appoint a prefident of the fenate, for the fole purpofc of 
 receiving, opening and counting the votes for prefident j 
 and, that after he fliall be chofen, the congrefs, together 
 with the prefident, fhould without delay, proceed to exe- 
 cute this copflitution. 
 
 By the unanimous ortfer of the Convention, 
 
 Go: WASHINGTON, Prtf,Jt. 
 
 W. Jackson, Secretary, 
 
 In Convention, September 17, 1787. ^ 
 
 SIR, 
 
 WE have now the honor to fubmit to the confideration 
 of the United States in congrefs afTcmbled, that 
 conftitution which has appeared to us the molt advifeable. 
 
 The friends of our country have long feen and deured, 
 that the povfer of making nar, peace and treaties, that of 
 levying money and regulating commerce, and the CQrrcipon- 
 deni extcufive and judicial authorities fliould be fully and 
 efFeftually veiled in the genera' government of the union ; but 
 the imprcpritty of delegating fuch extenftve trufl to one 
 bocy of men is evident. Hence refults the neceffity of a 
 different organization. 
 
 It 
 
48o Conjlitution of (he United States, 
 
 It is obvloufly imprafticable, In the federal government of 
 tli*fe dates, to ftcure all rights ef independent fovereignty 
 to each, an J yet provide for the intereft and fafety of all- 
 individuals entering into fociety, muft give up a fhare of libfi> 
 erty to preferve the reft. The magnitude of the facriiice 
 muft depend as well on fituation and circumftancc as on the 
 objtdl to be obtained. It is at all tinnes difficnlt to draw 
 with precifion the line between ihofe rights which muft be 
 furrendered, and thofe which may be rcferved ; and on the 
 prefent occafion this difficulty was encreafed by a difference 
 among the feveral ftates as to their fituation, estent, habits 
 and particular interefts. 
 
 In all our deliberations on this fubjefl we kept (leadSIy 
 in our view, that which appears to us the grtateft intereft cw 
 every true American, the confolidation of our union, in 
 which is involved our profperity, felicity, fafety, perhaps 
 our national exiltence. This important confideration, 
 ferioufly and deeply imprtlTed on our minds, ltd each ftate 
 in the convention to be lefs rigid on points of inferior mag- 
 nitude, than might have been otherwife expcfted ; and thus 
 the conft tution, which we now prefent, is the refult of a 
 fpirit of amity, and of that mutual deference and conceffion 
 which tlie peculiarity of our political fitualioo rendered in- 
 difpenfible. 
 
 That it will meet the full and entire approbation of every 
 Hate is not perhaps to be expe£ted ; but each will doubtlefs 
 confider, that had her interefttf been alone confulted, the 
 confequences might have been particularly difagreeable or 
 injurious to others ; that it is liable to as few exceptions as 
 could reafonably have been expefted, we hope and believe ; 
 that it may promote the lafting welfare of that country fo 
 dear to us all, and fecure her freedom and happlnefs, is oar 
 moft ardent wi(h. 
 
 JVilh great re/peH, we have the honor to 5e,Jir, 
 Tour Excellency'' I mofi obedient and humble Jervants, 
 
 Go : WASHINGTON, Prejidt. 
 
 By unanimous order of the Convention* 
 
 His Excellency the Prejident ef Congrefs. 
 
 Congrefs 
 
Amendment t toiie Conjlitution of the Untied States, 281 
 
 Congrejs of the United States, 
 
 Began and held at the city of New- Yotk, on Wednefday the 
 4th of March, one thoufand feven hundred and eighty-nine. 
 
 The Conventions of a number of ftates, having, at the time 
 of their adopting the Conftitution, expreffeJ a defue, m 
 order to prevent mifconftiuflion or abufe of its powers, that 
 further declaratory and reftriflive claufes (liould be added : 
 And, as extending the ground of public confidence in the 
 government, will beft enfure the beneficent ends 01 its in- 
 ftitution : 
 
 RESOLVED by the Senate and Houfe of Reprefenlatiws 
 of the United States oj America, in Congrejs ajfemhled, 
 two-thirds of both Houfes concurring. That the following Ar- 
 ticles be propofed to the legiflatures of the feveral ItateSj 
 as amendments to the conftitution of the United States, 
 all or any of which article?, when ratified by three-fourth; 
 of the faid legiflafLires, to be valid to all intents and pur> 
 pofes, as part of the faid conftitution ; viz. 
 
 Articles in addition to, and amendment of, the Conjlitution of 
 the United States of America, propofed by Congrefs, and 
 ratified by the Ltg flatures of the feveral Stales, purfuant ia 
 the fifth article of the original Conflitutlon, 
 
 ARTICLE \. 
 
 AFTER the firft enumeration required by tl)c firft ar- 
 ticle of the t onftitution, there (hall be one repitfen- 
 tative for every thirty thoufand, until the number (hall 
 amount to one hundred, after which the proportion (hall 
 be fo regulated by Congrtfs. that there fnall be not lefs 
 than one hundred reprefcntatives, nor lefs than one rcpre- 
 fentative for every forty thoufand perfons, until the num- 
 ber of lepreftntatives (liall amount to two hundred ; after 
 which the proportion (hall be fo regulated by Congrefs, 
 that iheic (ha!! be not lefs than two hundred reprefcntatives, 
 nor more than one reprefentative for every fifty thoufand 
 perfons. 
 
 Z 2 Article 
 
alz Amendments to the Coftjitiition of the United Slates. 
 
 ARTICLE II. 
 
 No law varying the compenfation for thi: fervices of the 
 ■ftnators afid leprefentatives, (liall take cfFcift, until an elec- 
 tion of reprefentatives (hall have intervened. 
 
 ARTICLE III. 
 
 Congrtfs fliall make no law refpefting an eftabli'lhrnent 
 of religion, or prohibiting the free exercife thereof ; or 
 abridging the freedom of fpeech or of the prefs ; or the 
 right of the people peaceably to affemble, aiid to petition 
 the governnfient for a redrefs of grievances. 
 
 ARTICLE IV. 
 
 A well regulated militia being neceflary to the fecurity 
 of a free ftate, the right of the people to keep and bear 
 arms fiiall not be infringed. 
 
 ARTICLE V. 
 
 No foldier ft.all in time of peace be quartered in any 
 i'cufe, withotu the confent of the owner ; nor in time of 
 ■war, but in a manner to be prefcribed by law. 
 
 ARTICLE VI. 
 
 The right of the people to be fecure in their perfons, 
 houfes, papers and tffefts, againft unreafonable fearche» 
 and feizores, (hall not be violated, and no warrants (halt 
 ilTue, but upon probable caufe, fupported by oath or af- 
 firmation, and-^articularly defcribing the place to be fearcb- 
 cd, and vac pcrfons or things to be feized. 
 
 ARTICLE VII. 
 
 No perfon fhall be held to aafwer for a capital, or otherwif« 
 infamous crime, unlefs on a piefentment or indiilment of a 
 grand jury) except in cafes arifing in the land or naval forces* 
 or in the militia, when in aftaal fervice, in time of war, or pub« 
 lie danger : Nor fhall any perfon ha fubjeit for the fame of- 
 fence to be twice put in jeopardy of life or limb ; nor fliall 
 be compeMed, in any criminal cafe, to be witnefi againft him- 
 felf ; nor be depriv'cd of life, liberty or property, without due 
 procefs of law : Nor (hall private propstt)' be taken for pub- 
 lic ufe, without juft compenfation. Article 
 
Arr.indment} to the ConJI'ttwtion of the United Statu. 283 
 
 ARTICLE VIII, 
 
 In all Criminal profecations, the accufed fhall enjoy the 
 light to a fpcedy and public trial, by an impartial jury of the 
 ftaie and diftrift whereii) the crime (hall have been coramit- 
 ted ; which diftrift Ihall have been previoufly afcertained by 
 law ; and to be informed of the nature and caiife of the ac- 
 cufation ; to be confronted with the witnefies againft hira j 
 to have compulfory procefs for obtaining witncffes in his fa- 
 vor ; aad to have the afliftance of counfe! for his defence, 
 
 ARTICLE IX. 
 
 In fuits at common law, where the value in controverf^ 
 ftiil! exceed twenty dollars, the right of trial by jury (hall be 
 prefcrved : And no faft tried by a jury (hall be otherwife re- 
 examined in any court of the United States, than according 
 to the rules of common law. 
 
 ARTICLE X. 
 
 ExceiTive bail fhall not be required ; nor excedive fines irrv 
 pofed ; noi cruel and unufual puniihments inSided« 
 
 ARTICLE XL 
 The enumeration, in the Conftiruiion, of certain rigUts>, 
 (hall not be conltrued to deny or difparagc others, retained 
 by the people, 
 
 ARTICLE XIL 
 
 The pov/ers not delegated to the United States by the Con^ 
 ftitution, nor prohibited by it to the ftates, are referved to the 
 ftates refpeClively, or to the people, 
 
 FREDERICK AUGUSTUS MUHLENBERG, 
 
 Speaker cf the Houfe of Reprejentauuei^ 
 JOHN ADAMS, 
 
 V'ue-Prtftdent of tht Umled Slates, 
 
 ead Pre/idem of the Senate, 
 
 .^iteft, 
 
 JOHN BECKLEY, Clerk of the HjufeofReprefentatlw. 
 SAMUEL A. OTIS, Stcretarj of the Senate, 
 
 Third 
 
284 ^tnendmtnU to the Conjlitution of the United States: 
 
 Third Congrefs of the United States ^ 
 
 At the fecond feffion, begun and held at the city of Phila- 
 delpliia. in the flate of Pennfylvania, on Monday ihe 2J 
 of December, 1793. 
 
 RESOLVED, hy the Senate and Houfe of Reprefenta- 
 fives of the United States of j^mcriea, in Congrefs affem- 
 lled, two-thirds of both Houfes concurring. That the follow- 
 ing Article be propofed to the Legiflatures of the feveral 
 ftates, as an Amendment to the ConftitiUion of the United 
 States ; which when ratified by thrte-fouriha of the faid 
 Legiflatures, (hall be vilued as part of the faid Conftitution, 
 viz. 
 
 The judicial power of the United States (hall not be con- 
 firued to extend to any fuit in law or equity, commenced 
 or profecutcd againft. one of the United States by citizens 
 of another ftate, or by citizens or fubjcAs of any foreign 
 Hate. 
 
 FREDERICK AUGUSTUS MUHLENBERG, 
 Speaker of the Houfe of Reprefentatives, 
 
 JOHN ADAMS, 
 
 Vice Prefident of the United Slates, 
 
 and Prejident of the Senate. 
 
 Atteft, 
 
 JOHN BECKLEY, 
 
 Clerh oj the Houfe of Reprefen!atives. 
 
 SAM. A. OTIS, 
 
 Secretary of the Senate. 
 
 Kote — By the returns m ide into the Secretary of SUfe's 
 oihce it appears, thai ihe firft article of the above amendments 
 is agreed to by only fcven (tates — the lecond by only rour— 
 and therefore theCc are not obligatory. Ail the remainder, 
 having been raiifterj by nine Itatcs are of equal obligation 
 vrith the Cet'iftituEioii itfeU. 
 
 Cunllitution 
 
CONSTITUTION 
 
 O F T H E 
 
 STATE OF NEW-YORK. 
 
 /n CONVENTION, 
 tf the Reprejtntativet of the State of Neiu-Tork, 
 
 K'lngUon, zoth Afril, 1777. 
 
 WHEREAS the many tyrannical and oppreffive 
 ufarpations of the king and .parliament of Great- 
 B icain, on the rights and libertiea of the people of the 
 American colonies, had reduced them to the neceffity of in- 
 troducing a government by congrcfles and comroittees, ad 
 temporary expedients, and to exift no longer than the grie*- 
 aflces of the people ftiould remain without rcdrefs. 
 
 yind whereas the congrefs of the colony of New-York, 
 did, on the thirty firft day of May, now laft paft, refolvc as 
 follows, viz. 
 
 " IVhereas the prefent government of this colony, \>j con- 
 
 grefs and committees, was inftituted while the former go»»- 
 ernment under the crown of (ireat-Britain, exiiled in full 
 force ; and was eflabliflicd for the fole purpofe of oppofing 
 the uUirpation of the Britith parliament and was intended to 
 expire on a reconciliation with. Great- Britain, which it was 
 then apprehended would foon take place, but is nowconfid" 
 eicd as remote and uncertain. 
 
 j4nd whereas many and great inconveniences attend the 
 faid mode of government by congrefs and committees, as of 
 Decefiity, in many inftances, legiflative, judicial and execu- 
 tive powers have been veiled therein, efpecially fince the dif- 
 
 folutioa 
 
2S6 Conftitution of the State of Netu-ll^orL 
 
 folution of the former government, by the abdication of the 
 late governor, and the exchifion of this colony from the pro- 
 teftion of the king of Great-Britain. 
 
 j^nd ivlereas the continental congrefs did refolv^ aai fol« 
 loweth, to wit, 
 
 ' Whereas fiis Britannic majtfty, in conjunflion with the 
 
 * lords and comrtinns of Great Britain, has, by a late aft of 
 
 * parliament, excluded the inhabitants of thefe united colo- 
 ' nies from the proteftion of iiis crown.-— And whereas no 
 
 * aiifwers whatever, to the humble petition of tlie colonies for 
 
 * tedrefs of grievances and reconciliation with Great Bi itain, 
 ' lias been, or is likely to be given, but tlie whole force of 
 ' that kingdom, aided by foreign mi.rcenaries, is to be exert. 
 " ed for the deftrudiion of the good people of thefe colbnieSi 
 ' — And whereas it appears abfolutely irreconcilable to rea* 
 
 * fbn and good confciencc, for the people of thefe colonies^ 
 ' now to take the oaths and affirmations neceffjry for the 
 
 * fuppi rt of any government under the crown of Great-Bri- 
 
 * tain ; and it is neceffary that the exercife of every kind 
 •authority under the faid crown, (hould be totally fuppreff- 
 ' <d, and ail the povifcrs of government exerted under the 
 
 * authority of the people of the colonies, for the perfervation 
 
 * of internal peace, virtue and good order, as well as fer the 
 ' defence of our lives, liberties and properties, againft the 
 ' hoftile invafions and cruel depredations of our enemies. 
 
 * Therefore, 
 
 * Refolved, That it be re'rommended to the refpeflive 
 
 * alTemblies and conventions of the united colonies, where no 
 
 * government fufBcient to the exigencies of their affairs has 
 ' been hitherto eftabliihed, to adopt fuch government as fhall, 
 ' in the opinion of the reprefentatives of the people, beft 
 ' conduce to the happinefs and fafety of their conilituents 
 ' in particular, and American in general.' 
 
 And w^^T^aj doubts have arifen, whether this congrefs 
 are invtfted with fufBcient power and authority to deliberate 
 and determine on fo important a fubjeft as the necefTuy of 
 erecting and.conftituting a new form of government and in- 
 ternal police, to the exclufion of all foreign jurifdiftion, do- 
 
 miiiiori 
 
ConJI'ltuiion of the State of Nevi Torh. 
 
 aiinion and centroul whatever — Aiid whereas it ap'^ertaint 
 pf right folely to the people of ih.s colony to determine the 
 ^aid doubts; Therefore, 
 
 " Refolwd, That it be recommended to the eleflors In 
 the fevfral counties in this colony, by eledlion in the man- 
 ner and form prefcribed for the ekftion of the prefent con- 
 grefs, either to autliorifc (in addition to the powers veltej 
 in this congrefs) their prefent deputies, or others in the 
 ftead of their picfent deputies, or either of them, to take 
 into confideration the neetffity and propiiety of ii'ltituting 
 fuch new government as in and by the faid refolutioo of 
 the continental congrtfs is dcfcibed and recommended ; 
 And if the majority of ihe counties, by their deputies in 
 provincial congrefs, fhail be of opinion that fuch new gov- 
 ernment ought to be iij(tituted and tftabliflied, then to in- 
 ftitule and eftablifn fuch a government as they fhall deen 
 belt calculated to feeure the rights, liberties and hsppinefs 
 of the good people- of this colony ; and to continue in force 
 until a future peace vyiih Great-Biitain (hall render the fame 
 Unneceffary. And, 
 
 " Refolved, That the fsid elefti'ons in the feveral counties, 
 ought to be had on fuch day, and fuch place or places, as 
 by the committee of each county refpedively fliail be de- 
 termined. — And it is recommeiided to tlie faid committees, 
 to fix futh early clays for the faid elt(Sions, as that all the 
 deputies to be elcclcd have fufiicient lime to repair to the 
 city of New York, by the fecond Monday in July next ; on 
 which day all the faid deputies ought pufiCtually to give 
 their attendance. 
 
 *• /Ind whereas the objeft cf the aforegoing refolutioos 
 Is of the utmoft importance to the good people of this 
 colony ; 
 
 " Refohed, That it be, and it U hereby earneftly re- 
 commended to the committees, freeholders, and other elec- 
 tors in the different counties in this colony, dilii;ently to 
 tarry the fame into execution." 
 
 uind nvhereas the good people of the faid colony, in 
 
 purfuancc 
 
S83 Conptut'ton of the State of Ne<w-York, 
 
 purfiiance of the faid refolution, and repofing fpeclal iruft 
 and confide/ice in the members of this convention, have ap^ 
 pointed, autborifed and empowered thenn for the purpofes, 
 and in the manner, and with the powers in and by the faid 
 refolve fpccified, declared and mentioned. 
 
 /j'nd ivherens the delegates of the United American ftates^ 
 ]|i general congrefs conventd, did on the fourth day of July 
 now lad pad, folemnly publifti and declare, in the word$ 
 following, viz. 
 
 *' WHEN in the courfe of human events. It becomea 
 neceflary for one people to difiblve the political bands which 
 have connefted them with another, and to affume among 
 the powers of the earth, the feparaie and equal (lation to 
 ■which the laws of nature and of nature's God entitle them, 
 a decent refpedl to the opinions of mankind requires that 
 they (hould declare the caufeo which impel t)icm to the 
 ftparation. 
 
 •* We hold thefe truths to be ftif evident, tfiat all mep 
 
 are created equal ; that they arc endowed by their Creator, 
 with ceitain unalienable rights ; that among thefe are, life^ 
 liberty, and the purfuit of happinefs. — That to fecure thefe 
 rights governments are inllituted among men, deriving theip 
 jull powers from the confent of the governed ; that when* 
 ever any form of e;overnment becomes deftrudive of thefe 
 ends, it is the right of the people to alter or to abolilh ifc 
 and to inftituie new government, laying its foundation on- 
 fuch principle*, and organizing its powers in fuch form, as 
 to them (liall feem moft likely to efi<.ft their fafety and 
 happiscfs. Prudence indeed will didtate, that governraentc 
 long edabliflied fliould not be changed for light and tran- 
 fient caure8,aiid accordingly all experience hath (hewn, that 
 mankind ate more difpofed to fuffl-r, while evils are fufFera- 
 ble, than to right themfelves by aboli(hing the forms to 
 which they are accullomed. But when a long train of 
 abufes and pfurpations purfuing invariably the fame object, 
 evinces a defign to reduce them under abfoi^te defpoiifm, 
 it is their right, it is thtir duty, to throw off fuch govern- 
 ntnt, and to piovide new guards for their future fecurity^ 
 
 Such 
 
Con/lilution of the State of New-Tori. 289 
 
 Such has been the patient fufierance of tnefc colonies ; snd 
 fuch is now the neceffity which conftrains them to alter their 
 former fyftem nf government. The hiftory of the prefent 
 king of Great-Britain is a hiftory of repeated ir jiiries and 
 ufurpations, all having in direifl object, the eflablifhmect 
 of an abfolute tyranny over thefe ftates. To prove this, 
 let fafls be fubmitted to a candid world. 
 
 " He has refufed his affcnt to laws, the moH wholefomc 
 and neceffary for the public good. 
 
 " He has forbidden his governors to pafs laws of im- 
 mediate and prefiing importance, unlefs fufpended in their 
 operation till his afiVnt (liould be obtained j and when fo 
 fufpended, he has utterly neglefted to attend to them. 
 
 " He has refufed to pafs other laws for the accommoda- 
 tion of large diftrifts of people unlefs thofe people would 
 xelinquilh the right of reprelentation in the legiCature ; a 
 fight ineftimabls to then, and formidahle to tyrants only. 
 
 He has called together legiflativc bodies at places 
 unufual, uncomfortable, and diftant from the depofito'y of 
 their public records, for the fole purpofe of fatiguing thecn 
 into compliance with his meafurcs. 
 
 *' He has diffoived reprefentative houfes repeatedly, for 
 oppofing with manly firmnefs his invafioast}a the rights of 
 jhe people. 
 
 *' He has refufed for a long time, after fuch diffolutfuns, 
 to caufi others to be elefted ; whereby the legiflative 
 powers, incapable of annihilation, have returned to the peo- 
 ple at large, for their exercife ; the ftate remaining in the 
 mean time espofed to all the dangers of iovation from with- 
 out, a,nd convultions within. 
 
 - *' He has endeavoured to prevent the population of thefe 
 Aates ; for that purpofe obtlrudiag the laws for naturaliza- 
 tion of foreignsrs ; refufmg to pafs others to encourage their 
 migrations hither, and raifmg the coaditons of new appro- 
 priations of lands. 
 
 " He has obdruSed the adminiftratioa of juftice, bv 
 refufmg his alfent to laws for eftablifhing judiciary powers, 
 A a «: He 
 
290 ConjTilution of the State of New-Tork. 
 
 " He has madejiidges dependent on his will alone, for the 
 tenure of their offices, and the amount and payment of their 
 falaries. 
 
 «' He has erefted a multitude of new ofBces, and fent 
 hither fivarms of ofBcers to harrafs our people, and cat out 
 their fubftance. 
 
 «' He has kept among us, in times of peace, (landing 
 armies, without the conftnt of our legiflatures. 
 
 «' He has afFefted to render the military independent of, 
 
 and fuperior to, the civil power. 
 
 *■ He has combined with others to fubjeft us to a jurlf» 
 diftion foie gn to our conftitutiori, and unacknowledged by 
 our laws ; giving his aiTent to their afts of pretended 
 legiflatiou. 
 
 For quartering large bodies of troops among us : 
 
 *' For proteflirrg them, by a mock trial, from punifh- 
 rnent for any murders which they (hoald commit on the 
 inhabitants of thefs ftates : 
 
 " For cutting off our trade with all parts of the world : 
 
 *' For impofing ta5;es on us without our confent : 
 
 *' For depriving us in many cafes, of the benefits of trial 
 by jury : 
 
 " For tranfporting us beyond feas to be tried for pre- 
 tended offences : 
 
 " For abolifhing the free fyftem of Englifh laws in a 
 neighbouring province, tftablifhing therein an arbitrary go- 
 veriiment, and enlarging its boundaries, fo as to render it 
 at once an example an.; fit inltrumcnt for introducing the 
 fame abfolute rule into thefe polonies :' 
 
 " For takrnji away our charters, abolifliing our moft 
 valuable laws, and altering fundamentally the forms of our 
 governments : 
 
 *' For fufpendjng our own legiflatures, and declaring 
 themfelves invefted with power to legiflatc for us in all cafc» 
 whatfoever, 
 
 " He 
 
CG»J}itutton of the Staii of Nevj-Yorl, 39 1 
 
 *' He has abdicated government here, by declaring U3 
 out of his protection, and waging waragaiail us. 
 
 " He has plundered our feas, ravaged our coafts, burnt 
 our towns, and deilroyed tlic lives of our people. 
 
 " He is, at this time, tranfporting large armies of for- 
 eign mercenaries to complete the works of death, defolatioa 
 and tyranny, alieadv begun with circutnftances of cruelty 
 and perfidy, fcarcely paralleled in the rholl barbarous age^ 
 and totally unworthy the head of a civilized nation. 
 
 " He has conftrained our fellow-citizens, taken captive 
 on the high feas, to bear arms againft their countrv, to be- 
 come the executioners of ihcir friends and brethren, or to 
 fall themfelvts by their hands. 
 
 " He has excited doT.eftic infurreflions aTiongft us, and 
 has endeavored 10 bring on the inhabitants of our frontiers the 
 mercilefs Indian favages, whofe known rnle of warfare is aa 
 undiilinguilhed delliu^tion of all ages, {exes and conditions. 
 
 ' " In ever)' ftage of thefe oppreflions, we have petitioned for 
 tedrefs in the moil humble terms : oar repeated petitions have 
 been anfweted only by repeated injury. A prince -whofe 
 character is thus marked by every ad which may define a ty- 
 rant, b undt to be the ruler of a free people. 
 
 " Nor have we been wanting in attentions to our Briiifh 
 bteihren. We have war,,ed them from tiine to time of at- 
 tempts by iheir legilliiurc co execd aa ur. Aartantable jurif- 
 diftion over us. We have reminded them of the circumitan- 
 ces of our emigration and fettleraent here. We have appealed 
 to their native juftice and fnagnanimiiy,and we have conjured 
 them by the ties of our common kindred, to difavow liiefe 
 u'urpaiions, which would irevitubly interrupt our connexion 
 a id correfpcndei ce. They too have been deaf to the voice 
 €»; j jilice and of confdnguinity. We mail therefore acquiefce 
 in tne r.ectffity which denounces our feparaiion, and hold them 
 as we hold the reft of !na;ikind, enemies in war ; in peace 
 friends. 
 
 " We, therefore, the Reprefentatives of the United States 
 of Anietica, in Ge ;erai Congrefs sfiembied, appealing to the 
 Suprcaie judge of the wotid, for the reciuuds of our inten- 
 tions. 
 
ConJlUut'ton of the State of Netu-Tork. 
 
 lions, do, in the name, and by the authority of the good peo- 
 ple oi thefe colonics, folemnly publilh and declare, That thefc 
 united colonies are, and ot right ought to be, FREE AND 
 INDEPENDENT STATESjthat they are abfolved froni all 
 allegiance to the Britifli crown, and that all political connex- 
 ion between them and the ilate of Great-Britain, is, and oughc 
 to be totally diffolved ; and that as free and independent ftaies, 
 they have full power to levy war, conclude peace, cjntraft 
 alliances, eftablifti commerce, and to do all other ad\s and 
 things which independent ftates may of right do. . And for 
 the fupport of this declaration, with a firm reliance on the 
 protedion of divine Providence, we mutually pledge to each 
 other, our lives, out fortunes and our facied honor." 
 
 Arid 'whereas this convention having taken this declaration 
 into their nioft ferious confideration, did, on the nii^thday of 
 July iaib part, unanimoufly refolve, that the reafons affigned by 
 the continental congrefs, for declaring the united colonies free 
 and iadependent ltate«, are cogent and conclufive : And that 
 while we lament the cruel /;eceffity which ha: rendered that 
 tTieiifare unavoidable, we approve the fame, and will, at ihe 
 lifquc of our lives and fortunes, join with the other coloaica 
 is fupporting it. 
 
 By virtue of which feveraJ afls, declarations and proceed* 
 ings, mentioned and contained in the afore-recited refolvesot 
 refoluticris of the general congrefs of the Uiiited American 
 Asies, and of the congrelT3s or conventions of this ftate, all 
 power vvhstever tlierein haih reverted to the people thereof, 
 and this convei)tiou hat!) by their fuffrages arid fiee choice been 
 aopuirJcd, and among other things auchorifed to inflitute and 
 cltablifh fuch a government, as they Ihall deem beft calculated 
 to ftcure the rights and liberties of the good people of this 
 ftate, mod conducive of ihe happii.efs and fafety of their con- 
 ilituents io particular, and ot America in general. 
 
 I. This convention, therefore, in the name and by the au 
 thority ot the good people of this ftate, doth ordain, d 
 TERMINE AND DECI-ARE, That no authority ftiall, on any 
 pretence whatever, be exerciied over the people or members 
 of this flaie, but fucb as diall be derived from and granted b/ 
 :hem. 
 
 II. This conveation doth fuither, in the name and by th 
 
 authority 
 
Corfttut'ion of the State of New-York. 293 
 
 authority of the good people of this ftatCi ordam, deter- 
 mine aid declare, Tnat the fupfetn; legiilitive power 
 within this ftate, (hall be vefted in two feparate and diftitdl 
 bodies of raen ; the one to be called, the Aflembly of the 
 State of New- York ; the other to be called, the Senate of the 
 Stat« of New- Y ork ; who together fhall form the Legiflature, 
 aod meet once at leaft in every year for the difpatch of bofineis, 
 
 III, And 'whereas laws inconCfteot wiih the fpirit of this 
 conftitution, or with the public good, may be hatlily and un- 
 advifedly psfled : Be it ordained. That the ^o\znox for the 
 time beLng, the chancellor and the judges of the fupreme 
 court, or any two of them, together with the governor, fhall 
 be, -and hereby are, conftituted a council to revife all bills 
 abo'Jt to be palTed into laws by the legiflature. And for that 
 pnrpofe fhall aflemble themfelves, from time to lime, when 
 the legiflature (hall be convened ; for which, neverthekfs, 
 they (hall not receive any falary or confideracion under any 
 pretence whatever. And that all bills which have pafTed the 
 ienate and afferobiy, fhall, before ihey become laws, be pie- 
 ftnted to the faid council for their revifal and confideraiion ; 
 and if npon fuch revifion and cor.fideration, it fhould appear 
 improper to the faid council, or 3 majority of them, that the 
 faid bill (hould becciae a law of this ftate, that they return 
 the fame, together with their objeftions thereto, in writing, 
 to the fenate, or houfe of aflembly, in whichfoever the fame 
 fhall have originated, who (hall enter the objeftions fent down 
 by the council, at large, in iheir minutes, and proceed to re- 
 coofider the (aid bill. Bat if after fuch reconfidetation, two- 
 thirds of the laid fenate, or houfe of aflembly, (hail, notwith- 
 Sanding the faid objections, agree to pafs the fame, it (hail, 
 together with the objeftions, be fent to the other branch of 
 the legiflature, where it (hall be alfo re-covjfidered, and it' ap- 
 proved by two-thirds of the anen^rs prefent, fhall be a law. 
 
 And in order to prevent any unneceffary delays. 
 
 Be it further ordaintJ, That if any bill (hall not be re- 
 lorned by the council, within ten days after it (hall have 
 b«en prcfented, the fame fhall be a law, unlefs the legifla- 
 ture fhall, by their adjournment, render a return of the faid 
 bill wilhio ten days, impraiSicable ; in which cafe the biil 
 Iball be returned on the fir(\ day of the meeting of the le- 
 giflature, after the expiration of the faid tea davf. 
 
 A a 2 IV, TJiat 
 
294 
 
 ConJItution of the State ofNevi-Tork. 
 
 IV. That the afTembly (liall confift of at leaft fererity 
 jTiembers, to be annually chofen in the feveral counties, in 
 
 the proportions following, viz. 
 
 For the city and county of New-York, Nine 
 
 l~he city and county of Albany, Ten, 
 
 The county of Dutthefs, Seven. 
 
 The county of Weftchefter, Six. 
 
 The county of Ulfter, Six. 
 The county of Suffolk, ♦ Fiye. 
 
 The county of Queens, Four. 
 
 The county of Orange, Four. 
 
 The county of Kings, Two. 
 
 The county of Richmond, Two. 
 
 The county of Tryon, Six. 
 
 The county of Charlotte, Four. 
 
 The county of Cumberland, Three. 
 
 The county of Gloucefter, Two. 
 
 V. That as foon after the expiration of feven years, fub- 
 ("iquent to the termination of the prefent war, as may be, 
 a cenfas of theeleflors and inhabitants in this ftate be taken, 
 under the diredion of the legiflature. And if on fuch 
 cenfus it fn;ill appear, that the number of reprefeniatives 
 \n afTembly from the faid counties, is not juftly^ propor- 
 (ioucd to the number of eleiSors in the faid counties refpedt- 
 i .'ely, that the legidature do adjufl and apportion the fame 
 by that rule. And furtlier, that once in every feven years, 
 after the taking of the faid firft cenfus, a jiill account of 
 the eleftors refident in each county fliall be taken ; and if 
 .t fliall thereupon appear, that the number of eledors in any 
 county, fliall have incrtafed or diminifhtd one or more fe»- 
 - iitielh parts of the whole number of tledors, which on the 
 !aid firf^ cenfus (hall be found in this itate, the number of 
 ) tpiefeuta'.ives for fuch county (liall be incrcafed or dimin- 
 iilied accoruiugly, that is to fay, one reprcfcntative for 
 every feventicih part as aforcfaid. 
 
 VI. And ivhercas an opinion hath long prevailed among 
 diver.-, of the good people of this (late, that voting at clec- 
 lions by ballot, would tend more to prefcrve the liberty and 
 *aual freedom of the people, than voting viva voce. To 
 
 * the 
 
ConfiUut'ton of the State of New-Tor k. 
 
 the end therefore, that a fair experiment be made, which of 
 thoi'e two methods of voting is to be preferred ; 
 
 Be It ordained, That as foon as may be, after the termi- 
 nation of the prefent war, between the United S:ates of 
 America and Great Britain, an aft or a^ts be pafTtd by the 
 legiflature of this ftate, for caufing all eleftions thereafter 
 to be held in this ftate for fenators and rtprefcntatives in 
 alTcmbly, to be by ballot, a d direfting the manner in which 
 the fame fliall be condiifted. yind whereas it is pofIible> 
 that alter all the care of the legiflature, in framing the faid 
 aft or afts, certain inconveniences and mifchiefs, unforefeea 
 at this day, may be found lo attend the faid mode of elec< 
 ting by ballot : 
 
 // IS further ordained. That if after a full and fair expert" 
 men: ftia!l be made of voting by ballot aforefaid, the fame 
 lhall be found Icfs conducife to the fafety or intereft of the^ 
 ftate, than the method of voting viva voce, it lhall be law- 
 ful and conllitutioiial for the legiflature to abolifh the fame ; 
 Provided two thirds of the members pielent in eacli houfe 
 rtfpeftively (hall coacur thttein. And further, that dur- 
 ing the continuance of the prefent war, and until the le- 
 giflature of this ftate fliall provide for the eleftion of fena- 
 tors and reprefentativts in aflembiy by ballot, the faid eUc- 
 tions ftiall be made viva voce. 
 
 VII. That every male inhabitant of full age, who fliall 
 have perfonally refided within one of the counties of this 
 rtatc, for fix months immediately preceding the day of elec- 
 tion, fnall at fuch eleftion, be entitled to vote for reprcfen- 
 tatives of the faid county in aflembly ; if during the time 
 aforefaid, he fliall have be^n a freeholder, poffcning a free- 
 hold of the value of twenty pounds, within the faid county, 
 or have rented a tenement therein of the yearly value of 
 forty fliillings, and been rated and aftuaily paid taxes to 
 this ftate : Provided always, That every perfon who now 
 is a freeman of the city of Albany, or who v-as made a free- 
 man of the city of New- York, on or before the fourteenth 
 day of Oftobcv, in the year of our Lord one ihoufand fev- 
 en hundred and fcventy fivc, and fliall be aftuaily and ufu- 
 .,ally rcfident in the faid cities refpeftively, fhail be entitletj 
 
 to 
 
296 ConJiUution of the State of New-Tori, 
 
 to vote for reprefcntativcs in affcnably within his faid place 
 of rtfuience. 
 
 VIII. That every ele£tor, before he is admitted to vote, 
 flial), if required by the returning officer or either of the 
 inrpeftors, take an oath, or if of the people called quakers, 
 an aflirmation, of allegiance to the flate. 
 
 IX. That the affetnbly thus conftltuted, fhall chufe their 
 own fpeaker, be judges of their own members, and enjoy 
 the fame privileges, and proceed in doing bufinefs, in like 
 manner as the aflemblits of the colony of New-York of 
 right formerly did ; and that a majoiity of the faid mem- 
 bers, fhall, from time to time, conftitutc a houfe to proceed 
 upon bufinefs. 
 
 X. And this convention doth further, in the name, and 
 by the authority of the good people of this (late, ordain, 
 determine and declare, That the fcnate of the ftale of New- 
 York, (hall ccniift of twenty foui freeholders, to be chofen 
 out of the body of the freeholdcrf, and that they be chofen 
 by the freeholders of this ftate, poiTcfled of fieeholds of the 
 value of one hundred pounds, over and above all debts charg- 
 ed thereon. 
 
 XI. That the members of the fenate be elefted for four 
 years, and immediately after the firft eleftion, they be divid- 
 ed by lot into four claffes, fix in each clafs, and numbered, 
 one, two, three, and four ; that the feats of the members of 
 the firft clafs fhall be vacated at the expiration of the firft 
 year, the fccond clafs the fecond year, and fo on continual- 
 ly, to the end that the fourth part of the fer.ate, as neaily 
 as poffible may be annually cliofen. 
 
 XII. That the eleflion of fcnators fhall be after this matv 
 Jier ; that fo much of this ftate as is now parcelled into 
 counties be divided into four great diftrifts ; the Southern 
 diltrift to comprehend the city and county of New York, 
 Suffolk, Weftcheller, .Kings, Queens, and Richmond 
 counties ; the middle dilltift to comprehend the counties of 
 Dutchefs, Uliler, and Oiange ; the Weftern dillrid the cUy 
 and county of Albany, and Tryon county ; and the Eaftern 
 dlflridl, the couiitieb of Charlotte, Cumberland and Gloucef- 
 ttr. That the fccators (hall be ckfled by the freeholders of 
 
Conplution of the State of New-Tort. spf 
 
 tlie faid difttlfts, qualified as aforefaid, in the proportions 
 following, to wit ; in the Southern dillridl, nine ; in the 
 iTiiddle diftrift, fix ; in the wcftern diftii(fk, fix ; and in thef 
 eaftern dillrid, three. /Ind be it ordained. That a ceiifua 
 ftiall be taken as foon as may be, after the expiration of fev- 
 cn years from the termination of the prefent war, under the 
 dirctlion of the legiflature : And if on fuch cenfus it fhall 
 appear, that the number of fenatora is not juftly proportion- 
 ed to the feveral diitrifts, that the legiflature adjuft ihe pro- 
 portion as near as may be, to the number of freeholders 
 qualified as aforefaid, in each dilbid^. That when tlie nura« 
 ber of elcdtors within any of the faid dil\ri£ts fhall have €n- 
 creafed one twenty-fourth • part of the whole number of 
 cleflors which by the faid cenfus ftia'.l be found to be ia 
 this ftate, an additional fenator fhall be chofen by the ek-ft- 
 orsof fuch diflrifl. That a majority of the number of fen- 
 ators to be chofen as aforefaid, fhall be neceff.iry to con- 
 flitute a fenate, fufFicitnt to proceed upon bulinefs, and 
 that the fenate fhall, in like manner with the aflembly, be 
 the judges of its own members. /Ind be it ordained, That 
 it fhall be in the power of the futuic legiflaturcs of this 
 ftate, for the convenience and advantage of the good people 
 thereof, to divide the fame into fuch fuither and other coun- 
 ties and dirtridts, as fhall to them appear ncjcffary. 
 
 XIII. And this convention doth further, in the name, 
 and by the authority of the good people of this Hate, ordtiin., 
 determine and declare^ That no member of this flatc fhall be 
 disfranchiftd, or deprived of any of the rights or privileges 
 fecur,;d to the fubjedis of this (late, by this conftitution, uii. 
 Icfs by the lav? of the land, or the judgment of his peers. 
 
 XIV. That neither the allVmbly or the fenate (liall hava 
 power to adjourn themfelves for any longer time than two 
 days, without the mutual confcnt of both. 
 
 XV. That whenever the aflferably and fenate difagree, 
 a conference fhall be held in the prefer.ce of both, and be 
 managed by committees to be by ihem refpeftively clvofen 
 by ballot. That the doors, both of the fenate and affcmbly, 
 fhal! at all times be kept open to all perfons, except when 
 the welfare of the ftate fhall reqi^ire thsir debates to be kept 
 
 fccrit. 
 
Conjlitutior, of the Stale of New-Toi L 
 
 fecret. And the journals of all their proceedings (hall hi 
 kept in the manner heretofore acciiftomcd by the general 
 afftmbly of the colony of New- York, and, except fuch parts 
 as they fliall as afortfaid refpcflivtly determine not to make 
 public, be from day to day (if the bufincfs of the legiflaturc 
 will permit) piibliditd. 
 
 XVI. It is ncverthelefs provided, that the numbrr of fena- 
 tors (hall never exceed one hundred, nor the number of the 
 affembly three hundrtd ; but that whenever the number of 
 fcnators (hall amount to one hundred, or of the affembly to 
 three hundred, then and In fuch cafe the legiflature (hall frotil 
 time to time hereafter, by laws for that purpofe, apportion and 
 diftribute the faid one hundred fenators, and three hundred 
 reprefentatives, among the gr^at diftrids, and counties of 
 this (tatc, in proportion to the number of their refpeftive 
 eledors, fo that the reprefentation of the good ptople of thfs 
 flate, both in the fcnate and a(fembly, (hall for ever re« 
 main proportionate and adequate. 
 
 XVII. And this convention dcth further, iu the name 
 and by the authority of the good people of this llate, ordain, 
 determine and declare. That the fuprcme executive power and 
 authority of this (late, (hall be veiled in a governor ; and 
 that ftatedly once in every th ee years, and as often as the 
 feat of government (hall become vacant, a wife and difcreet 
 freeholder of this ftate (hiili be by ballot elefled governor, 
 by the freeholders of this (late, qualified as before dtfcribed 
 to eleft fenators ; which ekdtions (hall be always held at 
 the times and places of choofiiig reprefentatives in afltmbly 
 for each refpefkive county ; and tliat the perfon who hatli 
 the greateft number of votes v/ithin the:faid Hale, (hall be the 
 governor thereof. 
 
 XVIII. That the governor (hall continue in office three 
 years, and (liall, by virtue of his office, be general and com- 
 mander in chief of all the militia, and admiral of the navy 
 of this ftate ; that he, (hall have power to convene the affem- 
 bly and fenate on extraordinary oc afions, to prorogue them 
 from time to time, provided fuch prorogations (hall not ex- 
 ceed fixty days in the fpace of any one year ; and at his 
 difcreiion to grant reprieves and p^ardons to ptrfons convidl- 
 
Conflitution oj the Stale of Ntw-Tork. 2C)g 
 
 sA of crimes, other than treafon or murder, in which he 
 Biay fufpend tlie execution of the fentence, until it (liallbe 
 reported to the legiflature at their fubfequent meeting; 
 Slid they (hall either pardon or diredl the execution of the 
 criminal, or grant a further reprieve. 
 
 XIX. That it (hall be the duty of the governor to inform 
 the legiflature at every fefiions, of the condition of the ftate, 
 fo far as may refpeiS hid departoient ; to recommend fuoh 
 matters to their conflderation 33 fliall appear to him to con- 
 cern its good government, welfare and profperity ; to cor- 
 refpood with the continental congrefs, and other dates ; 
 to tranfaft all neceffary bufinefs with the officers of govern- 
 ment, civil and military ; to take care that the laws pre 
 faithfully executed to the beft of bis ability ; and to .expe- 
 dite all fuch meafm'cs as may be refolyed upon by the legiH^* 
 ture. 
 
 XX. That a lieutenant governor fliall, at every eleftion 
 of a governor, and as often as the lieutenant-governor (hafl 
 die, refign, or be removed from office, be eleftcd in the fame 
 manner with the governor, to continue in office, until the 
 next election of a governor ; and fuch lieutenant-governor 
 fliall, by virtue of his office, be prefident of the f. nate, and, 
 upon an equal divifion, have a calling voice ia their deci- 
 fions, but not vote on any other occafion. 
 
 And in cafeof ihe impeachment of the governor, or his 
 removal from office, death, refigiiation, or aiifence frim the 
 ftate, the lieutL-nant-goveroor ihall exercife all the povser 
 and authority appertaining to the office of governor, until 
 another be cholen, or the governor abfent or impeached, 
 fliall return, or be acquitted. Provided, That where the 
 governor (hall, with the conlent of the legiflaciue, b^ out 
 of the ftate, in time of war, at the head of a military force 
 thereof, he (hall ftill continue in his command of all the miU 
 itary fores of this ilate, bodi by fea and land. 
 
 XXI. That whenever the government (hall be adminifter- 
 ed by the lieutenant-governor, or he .Tiall be unable to at- 
 tend as prefident of the I'enate, the fenators fliall have power 
 to ekft one of their own members to the office of preGdeflt 
 pf the fenate, which he (hall excife pro h.ic vice : And if, 
 
 during 
 
3 GQ ConOitution of the fState of New ■ Tori^ 
 
 during Tiich vacnncy of the office of governor, the li'enten- 
 ant govtrnor fliall be impeached, difplaced, refign, die, or 
 be ;ibfcnt fiom the the ftatr, the prtfident of the fenate fhall, 
 jn like manner as the lieuttnant gnye rnor, adminifler the 
 government, until otbeis (hall bt elrdtd by the fuffrage of 
 the people at the fuccetdlng cledlion. 
 
 XXII. And this convention doih further, in the name 
 and by the aijihoriiy of the good people of this Hate, ordalnt 
 determine and dec/a- e, That the treafiirerof this date fliall be 
 appointed by .ad^ of the legiflature, to originate with the af. 
 fembly : Piovided, That he fhall not be elefted out of either, 
 J)ranch of the Icgiflature. 
 
 XXIII. That all ofEcers, other than thofe who by this 
 conditution sre direfted to be otherwife appointed, fhall be 
 appointed in the mannei following, to wit ; The affembly 
 fliall once in every year, openly nominate and appoint one 
 of the fenacors from each great diftridt which fenatovs (hall 
 form a council for the appointment of the faid officers, of 
 which the governor for the time being, or the lieutenant- 
 governor, or the prefident of the fcaate, when they fliall re- 
 fprdtively adminifter the government, fhall be prefident, and 
 Iiave a calling voice, but no other vote ; and with the ad- 
 vice and confesit of the faid council, fhall appoitit |al! the faid 
 officers ; and that a majority of the faid council be a quo- 
 rum. And further, the laid fenators (hall not be ettgible tQ 
 the faid council for two years fuccefuvely. 
 
 XXIV. That all military officers be appointed during 
 pleafure ; that all coramiffioued officers, civil and military, be 
 commiffioned by the governor, and that the chancellor, the 
 judges of the fupreme court, and (it ft judge of the county 
 court in evciy county, hold thtir offices during good beha- 
 vior, or until they (hiill have rcfpeftively attained the age of 
 fixty years. 
 
 XXV. That the chanccllir and judges' of the fupreme 
 court (hall not at the fame timt' hold any other office, ex- 
 cepting that of delegate to the general congrefs, upon fpccial 
 occafions ; and that the firfl judges of the county courts in 
 the feveral counties, fliall not at the fame time hold any other 
 office excepting that of fer.|tor, or delegate to the general 
 
 congrefs i 
 
Conftitutlon of the State of New- Tori. 30 1 
 
 congrefs ; But If the chancellor, or either of the faid judges 
 be eleded or appointed to any other office, excepting as is 
 before excepted, it fhall be at his option in which to ferve. 
 
 XXVI. That (herifFi and coroners be annually appoint- 
 ed ; and that no pcrfon fhall be capable of holding either of 
 the faid offices more than four years fucceffivcly, nor the 
 fheriff of holding any other office at the fame time. 
 
 XXVII. /^nd be it further ordained, That the regifter and 
 clerks in chancery be appointed by the chancellor ; the 
 clerks of the fuprcme court by the judges of the faicf court ; 
 the clerk of the court of probates, by the judge of the faid 
 court ; and the regiiler and maifhal of the court of admiral- 
 ty by the judge of the admiralty, — The faid marfha!, re- 
 gifters and clerks, to continue in office during the pleafure 
 ©f thofe by whom they are to be appointed, as aforefaid. 
 
 And all attornies, follcitors and counTellors at law, hereaf- 
 ter to be appo'nted,be appointed by the court, and liccnf- 
 ed by the firft judge of the court in which they (hall refpec- 
 tively plead or praftice ; and bercgulattd by the ruks and 
 orders of the faid courts. 
 
 XXVIII. y^nd beit further ordained, That where by this 
 conftitntion the duration of any office fhall not be afcei tain- 
 ed, fuch office fliall be conftrued to be heid during the plea- 
 fare of the council of appointment : Provided, that new 
 commiffions (hall be iffued to judge? of the county courts 
 (other than to the (irft judge) nnd to juftices of the peace, 
 once at lead in every three years. 
 
 XXfX. That town clerks, fupervifors, aflTefTors, confta- 
 bles and coUe 'lors, and all other officers heretofore eligible 
 by the people, fhall always continue to be fo eligible, in the 
 manner direfted by the prefent or future afts of Itgiflature. 
 
 That loan officers, county treafurere, and clerks of the fu- 
 pervifors, continue to be appointed in the manner diredled 
 by the prefent or future a£ts of legiflature. 
 
 XXX. That delegates to reprefent this (late, in the gen- 
 eral congrefs of the United States of America, be annually 
 appointsd as follows, to wit ; The fenate and affembly fhaU 
 B b 'each 
 
Confutut'ton of the State of New-Tork, 
 
 each openly nominate as many perfons as (hall be equal to 
 the whole mirnber of delegates to be appoipted ; after 
 which nomination, they (hall meet together, and thofe per- 
 fons named in both lifts fhall be delegate* ; and out of thofe 
 perfons whofe names are not on both lifts, one half (hall be 
 (chofen by the joint ballot of the fenators and members of af- 
 ferobly, fo met together as aforefaid. 
 
 XXXI. That the ftyle of all laws (hall be as follows, to 
 wit ; Be it enafted by the people of the (late of New-York, 
 reprefented in fenate and affembly. And that all writs and 
 other ptoceedings (hall run in the name of the people of the 
 ilate of New- York, and be tefted in the name of the chan- 
 cellor or chief judge of the court from whence they (halj 
 jffue. 
 
 XXXII. And this convention doth further, in the name 
 and by the authority of the good people of this Qate, ordain, 
 determine and declare, That a court (hall be ioAituied for the 
 trial of impeachments, and the correftion of errors, under the 
 rsgulations which (hall be eftablifhed by the legiflature ; and 
 to confift of the prefident of the fcnale for the time being, 
 and the fenators, chancellor and judges of the fuprcme court, 
 or the major patt of them ; except that when an impeach- 
 ment fliall be profecuted againft the chancellor, or either of 
 the judges of the fupreme court, the perfon fo impeached 
 {hall be fufpended from exercifing his office until his acquit? 
 tal : And in like manner, when an appeal from a decree in 
 equity fliall be heard, the chancellor (hall inform the court 
 of the reafons of his decree, but (hall not have a voice in 
 the final fenter.ce. And if the caufe to be determined (hall 
 he brou;.;ht up by writ of error on a queftion of law, on <^ 
 judgment in the fupreme court, the judges of the court 
 (halTafiign the reafons of fuch their judgment, but (hall not 
 have a voice for its affirmance or reverfal. 
 
 XXX I II. That the power of impeaching all officers of 
 the (late, for mal and corrupt conduft in their refpedlivc of- 
 fices, be veiled in the rcprefentatives of the people in affem- 
 bly ; but that it (hall always be neceffary that two third 
 parts of the members prefent fhall confent to and agree ia 
 luch impeachment. That previous to the trial of every im. 
 
Ccit/lUuiion of the Slate of New- Tori . j o J 
 
 peachraent, the members of the faid court (hall refpe£lively 
 be fwortit truly and impartially to try and determine the 
 charge in qiicilion, according to evidence ; and that no judg- 
 ment of the faid court lhail be vaiid, unlefs it (hall be aficnc- 
 ed to by two third parts of the merribers then prefent ; nor 
 fiiail it extend farther than to removal from office, and dif* 
 qualification to hold or enjoy any p]<ice of honor, truft or 
 profit, under this ftate. But the party fo convicted, (hall be, 
 neverthelefs, liable and ftibjeflto indiiftment, trial, judgment 
 and punifhment, according to the laws of iht land. 
 
 XXXIV. And It is further ordained. That in every trial oh 
 impeachment or indictment for crimes or mifdemeanors, the 
 party impeached or indi<5ted, fliall be allowed couniel, as ia 
 civil aftior.g. 
 
 XXXV. And this convention doth further, in the name 
 find by the aothority of the good people of this ftate, or- 
 tdairi) determine and declare. That fuch parts of the commoa 
 law of England, and of the ftatute law of Etigland and. 
 Great- Britain, and of the afks of the Icgiflatuic of the colo- 
 ny of New- York, as together did form the law of the faid 
 colony on the nineteenth day of April, in the year of out 
 Lord owe thoufand feven hundred and feventy-five, fliall be 
 and continue the law of this ftate ; fiihjeft to fuch alterations 
 and provifions as the legiflature of this ftate fhall, from time 
 to lime, make concerning the fame. That fuch of the faid 
 afts as are temporary, (hall expire at the times limited fot 
 their duration refpeftively. That all fuch parts of the faid 
 common law, and all fuch of the faid ftatutcs, and ails a- 
 forefaid, or parts thereof, as may be conftrued to eftablifk 
 or maintain any particular denomination of Chriftians, or 
 their niinifters, or concern the allegiance heretofore yielded 
 tOj and the fupremacy, fovereignty, government or prero- 
 gatives, claimed or exercifed by the king of Great- Britaia 
 and his predecelTors, over the colony of New-York and ita 
 inhabitants, or are repugar.t to this cooftitution, be, and 
 they hereby are abrogated and rcjeSed. And this coven- 
 tion doth further ordain, that the tefolves or refolutions of 
 the congreffes of the colony of New- York, and of the eoa- 
 veation of the ftate of New-York, now in force, and not 
 
 repu_?r>ant 
 
3©! Conft'Hution of the State of New-Tori. 
 
 repugnant to the government eftablKhed by this conftitu- 
 tion, (hall be confidereil as making part of the laws of this 
 ftate ; fubjeft, ntverthclefs, to fuch alterations and provi- 
 fions, as the legiflatureof this ftate may from time ta time 
 make, concerning ihe fame. 
 
 XXXVI. j4nJ be it further ordained. That all grants of 
 land within this flite, made by the king of Great Britain, 
 or perfons afting under his authority, after the fourteenth 
 day of Oftober, one thoufand feven hundred and feventy- 
 five, (hall be null and void : But that nothing in this 
 conftitution contained (hall be conftrucd to affeft any grants 
 of land within this ftate, made by the authority of the (aid 
 king or his predecefTors, or to annul any chaiters to bodies 
 politic, by him or them, or any of them, made prior to that 
 day. And that none of the faid charters ftiall be adjudged 
 to be void by rtafon of any non-ufer or mif ufer of any of 
 their refpedlive righisor privileges, between tiie nineteenth 
 day of April, In the year of our Lord one thoufand feven 
 hundred and feventy-five, and the publication of this con- 
 ftitution And further. That all fuch of the ofiictrs defcrib- 
 ed in the faid charters refptcSively, as by the terms of the 
 faid charters, were to be appointed by the governor of the 
 colony of New-York, with or without the advice and con- 
 fent of the council of the faid king, in the faid colony, fhall 
 hcncefoith be appointed by the council eftablifhcd by this 
 conftitution, for the appointn-.ent of officers in this ftate, 
 until otherwife directed by the legiflature.- 
 
 XXXVII. ^nd wAfrfflj it is of great importance to the 
 fafety of this ftate, that peace and amity with the Indiana 
 within the fame, be at all times fupported and maintained. 
 yind tuhereas the frauds too often praflifed towards the faid 
 Indians, in contrafts made for their lands, have in divers 
 inftances been produdlive of dangerous difcontenls and 
 animofities ; he it erdaiued. That no purchafes or qontraiSs 
 for the fale of lands, made fince the fourteenth day of Odlo- 
 ber, ill the year of our Lord one thoufand feven hundred and 
 feventy-five, or which may hereafter be made with or of the 
 faid Indians, within the limits of this ftate, ftiall be binding 
 on the faid Indians, or deemed valid, unlcfs made under 
 
 the 
 
CanfitlulioH of the Slate of NewTorl^ 
 
 tlie auihoritf, and with the confent of the legiflature of thia 
 ftate. 
 
 XXXVIII. Jnd ivhirea: we are req-.Iied by the be- 
 uevoliiit principles of rational liberty, n.it only to expel 
 civil tyranny, but alfo to guard againft that fpiritual op- 
 prefSon and intolerance, wherewith the bigotry and ambi- 
 tion of weak and wicked priefts and princes have tcourgcd 
 mankind ; This convention doth further, in the name and 
 by the authority of the good people of this ftate, ordain^ 
 drtermine and dechre. That the free txercife and enjoyaient 
 of religioui prof-fiion and worfhip, without dikrimination 
 or preference, (hall for ever hereafter be allowed within this 
 ftate to all.nankind. Provided, That the liberty of con- 
 fcieice hereby granted, fliall not be to conftrued, ns to exr 
 cufe acts of licentioufnefs, or juftity practices iuconliftenc 
 with the peace or faiety of this ftate. 
 
 XXXIX. And whereas the minifters of the gol'pel are, 
 by thr'r priifefllon, dedicated to the fervice of (jod and the 
 cure of fouls, and on;jht not to be diverted from the great 
 dui ies of their funftion ; therefore no minifter of the gofpe!, 
 or preft of any denomination whstfoeTcr, fhallat any time 
 hereafter, under any pretence or dcfcription whatever, be 
 eligible to, or capable of holding any civil or military office 
 or place, within tliis ftate. 
 
 XL. And ••juhireat it is of the utmoft importance to the 
 fafe'.y of every ftate, that it (hould always be in a condition 
 of dc'ence ; and 'it is \"he duty of every man who enjoys the 
 proteftion of fociety, to be prepared and willing to defend 
 it : This convention therefore, in the name and by the 
 authority of the good people of this ftate, doth ordaltit de^ 
 termtne and declare, Tii^jt the militia of this ftate, at alt 
 times hereafter, as well in peace as in war, (hall be armed 
 and difciplined, and in readioefs for fervice. That all fuch 
 of the inhabitants of this (late, being of the people called 
 Quakers, as from fcruples of confcience may be averfe to 
 the bearing of arms, be therefrom excufed by the legif- 
 lature ; and do pay to the (tate fuch fums of money in lieu 
 of their petfonal fervice, as the fame may, in the judgment 
 of the legiflaturci be worth : Aqd that a proper magazine 
 B b J of 
 
3o6 Conjlitution of the State of Netu-Tork. 
 
 of wailike ftores, proportionate to the number of inhabi- 
 tants, be for ever hereafter at the expence of this (late, and 
 by adlsof the legiflature, eftabhihed, maintained, and con- 
 tinued in every county in this ftate. 
 
 XLI. And this convention doth further ordain, determine 
 and declare, in the name and by the authority of ihe good 
 people of this ftate, That trial by jury, in all cafes in which 
 it hath heretofore been ufed in the colony of New-Yoik, 
 ftjall be eftablilhed, and remain inviolate for ever. And 
 that no afta of attainder (hall be paffed by the legiflature of 
 this ftate, for crimes other than thofe committed before th ; 
 termination of the prefent war ; and that fuch afts (hall 
 not work a corruption of blood. And furiher, that the 
 legiflature of this ftate (hall at no time hereafter, inftitute 
 any new court or courts, but fuch as fliall proceed accord- 
 ing to the courfe of the common law. 
 
 XLI I, And this convention doth further, in the name 
 and by the authority of the good people of this ftate/ or Jain, 
 determine and declare. That it (hall be in the difcretion of the 
 legiflature to naturalize all fuchvperfons, and in fuch manner 
 as they (hall think proper ; provided all fuch of the perfons 
 fo to be by them naturalized, as being bom in parts be- 
 yond fea, and out of the United States of America, (hall 
 come to fettle in, and become fubjefts of this ftate, (hall 
 take an oath of allegiance to this ftate, and abjure and re- 
 nounce all allegiance and fubjcftion to all and every 
 foreign king, prince, potentate and ftate, in all matters 
 ecclcfiaftical as well as civil. 
 
 By order, 
 
 LEONARD GANSEVOORT, 
 
 Presid. p. T. 
 
ASs of Congrtfi. 
 
 307 
 
 AN ACT toprefcribt the Mode in which the public ABls, Recordt^ 
 and judicial Proceedings in each State, Jhall be authenticated f» 
 as to take Eff.Ci in every other State, 
 
 BE It enabled ly the Senate and Houfe of Reprefcntatives nf the 
 United Statei of {merica in Congrefs ajenihled. That the 
 afls uf the legiflaturci of the feveral ftates fhali be authen- 
 ticated by having the feal of their refpeflive Rates affixed 
 thereto : That the records and judicial proceedings of the 
 courts of any ftate, fhall be proved or admitted in any other 
 court within the United States, by the atteftation of the clerk, 
 and the fe-^l of the court annexed, if there be a Tea!, together 
 with a certificate of the judge, chief juftice, or prefiding ma- 
 giftrate, as the cafe may be, that the laid atteftation is in due 
 form. And the faid records and j udicial proceedings authcn> 
 ticated as aforefaid, fliall have fuch faith and credit given to 
 them in every court within the United States, as they have 
 by law or ufdge in the courts of the ftate from whence the 
 faid records are, or fhall be taken. 
 
 FREDERICK AUGUSTUS MUHLENBERG, 
 
 Speaker of the Houfe of Reprefentatives. 
 JOHN ADAMS, Vice.Prefident of the United States, 
 
 rnd Prejident of the Senate, 
 Approved, May '■-.venty fixUi, 1790 : 
 GEORGE WASHIN' ^ . .i, Frcfident of the United States. 
 
 AN AC r relative to the E/cdion of a Prejident and Vice-Pref.. 
 dent of the United States, and dec/ai ing the Officer ivho Jliatl 
 ail as Prejident in cafe of Vacancies in the Offices both of tre, 
 Jident and Vice- Preftdent. 
 
 BE it enaScd by the Senate and Htufeof Reprefentatives cf the 
 United States of America in Co'ij^refs dffembled, That ex- 
 cept in cafe of an eledtion of a Pieiident and Vice Prefident 
 of the United States, prior to the ordinary period as hereinafter 
 fpecified, eledlors fhall be appointed in each flate for the elec- 
 tion of a Prefuient and Vice Prefident of the United States, 
 within thirty four days preceding the firft Wcdnefday in De- 
 cember, one thoufand feven hundred and ninety two, and with* 
 in thirty-four days preceding the firft Wednefday m Dec ember 
 in every fourth year fucceeJing the laft eleftion. which elec- 
 tors fhall be equai to the number of Senators and Reprefenta- 
 tives, to which the feveral Ra:e5 may by law be entitleil at the 
 time, when the Prefident and Vice Prefident, thu,- to be cho- 
 fen, fhould come into office : Pio-.ided ahvnys, That where no 
 apportionment of Reprefentatives fhall have been maJe after 
 any enumeration, at the time of chi;iing eie^ors then the 
 
 number 
 
3o8 
 
 Acls of Congrefs, 
 
 number of eltflors fliall be according to the exifting appor- 
 tionment of Senators and Reprefentativef. 
 
 And be it further cnaHed, That the tledtors (h?.ll meet and 
 jive their votes on the f.iid fiift Wednefday in December, at 
 fuch place in each ftate as (hall be diredled by the legiflature 
 thereof ; and the eltdlors ib each ftate (hall make and fign 
 three certificates of all the votes by them given, and fliall feal 
 lip the fame, certifying on each that a lift of the votes of fuch 
 ftate for Prefident and Vice Piefident is contained therein, and 
 fhall by vvriting under their hands, or under the hands of a 
 majority of them, appoint a perfon to take charge of and de- 
 liver to the Prefident of the Senate, at the feat of government 
 before the firft Wednefday in January then next tnfuing, one 
 of the faid certificates, and the faid eledtors fliall forth writ h for- 
 ward by the poft-office to the Prefident of the Senate, at the 
 feat of government, one other of the faid certificates, and fhall 
 forthwith caufe the other of the faid certificates, to be deliver- 
 ed to the judge of that diftrldt in which the faid dehors (hall 
 alTemble. 
 
 And be it further enailed. That the executive authority of 
 each Hate fliall caufe three lifts of the names of the electors 
 of fuch ftate to be made and certified, and to be delivered to 
 the electors on or before the faid firft Wednefday in Decem- 
 ber, and the faid eledlors (liall annex one of the faid lifts to 
 each of the lifts of their votes. 
 
 be it fui-iher enaBed, That if a lift of votes, from any 
 ftate fhall not have been received at the feat of government 
 on the faid fiift Wednefday in January, that then xhs Secreta- 
 ry of State fhall fend a fpecial mcffenger to the diftiift judge, 
 in vvhofe cuftody fuch lift (hall have been lodged, who (hall 
 forthwith tranfmit the fame to the feat of government. 
 
 And be it further enaded, That Congrefs (hall be in feflion 
 on the fecond Wednefday in February, one thoufand feven 
 hundred and ninety-thvee, and on the fecond Wednefday in 
 February fucceeding every meeting of the eleftors ; and the 
 faid certificates, or ib many of them as (hall have been receiv- 
 ed, (Itall then be opened, the votj^counted, and the perfons 
 ■who (hall fill the offices of PrefiieW; and Vice-Prefident af- 
 tertained and declared, agreeably to the Conftitution. 
 
 J3nd be ii further etuiled, That in cafe there fliall be no Pre- 
 fident of the Senate at the feat of government on the arrival 
 of the perfous entrufted wjth the lifts of the votes of the elec- 
 tors, then fuch perfons (hall deliver the lifts of votes in their 
 cuftody into the office of the Secretary of State, to be fafely 
 kept and deliveted over as foon as may be, to the Prefident 
 of ihe Senute. 
 
 And 
 
jids of Congrtfi, 
 
 And be it furtbtr eracied. That the perfons appointed by the 
 eieftors to deliver the lifts of votes to the Piefident of the 
 Senate, (hall be allowed on the delivery of the faid lifts twen- 
 ty-five cents for every mile of the eftimated diftance by the 
 moll ulual road, from the pbce of meeting of the eleftors^ 
 to the feat of government of the United States. 
 
 jind be it further enaCled, That if any perfon appointed to 
 deliver the votes of the eledlors to the Prefident of the Sen- 
 ate, (hall after accepting of his appointment, negleft to per- 
 form the fervices required of him by this adl, he iTiall forfeit 
 the fum of one thouland dcll.TS. 
 
 Ar.d be it further enabled. That in cafe of removal, death, 
 refignation 01 inability both of the Prefident and Vice Prefi- 
 dent of the United States, the Prefident of the Senate pro 
 tempore, and in cal'e there fhall be no Piefident of the Senate, 
 then the Speaker of the Houfe cf Reprefentalives, for the 
 time being, ihall aft as Prefident of the United States until 
 the diiibility be removed or a Piefident fnall be ele£ted. 
 
 And le it further enabled, Thit whenever the offices of Pre- 
 fident and Vice -Prefident (hail both beconae vacant, the Secre- 
 tary of State (hall forthwi;h caufe a notification thereof to be 
 made to the executive of every ftate, and fhall alfo caufe the 
 fjme to be publllhed in at leaft one of the iiewfpapers printed 
 in each ftate, fpeciiying that elcdlors of the Prefident of the 
 United States fliall be appointed or cliofen in the feveral 
 flates within thiity-four days preceding the firft Wednefday 
 in December then next enfuing : Pionided, There lhall be the 
 Ipace of two months between the date of fuch notification and 
 the faid firft Wednefday in December ; but if there fhall not 
 be the fpace of two months between the date of fuch notifica- 
 tion and the firft Wednefday in December, and if the term 
 for which the Prefident and Vice-Prefident latt in office were 
 eltfled flial! not expire on the third day of March next enfu- 
 ing. then the Secretary of State fhall fpecify in the notifica- 
 tion that the elcftors fh^ll be appointed or chofen within 
 thirty-four days preceding the firft Wednefday in December 
 in the year next enfuinff, within which time the tle£lorSj(hall 
 acccrdingly be appointed^r chofen, and the eleftors (liall meet 
 and give their votes on the faid firft Wednefdey in December, 
 and the proceedings and duties of the faid eleftors and others 
 lhall be purfuant to the direflions prefcribed in this act. 
 
 And be it further enailed, That the only evidence of a refuf- 
 al to accept, or of a lel'ignation of the office of Prefident or 
 Vice Prefident, (hall be an inftrument in writing declaring 
 the fame, and fubfcribed by the perfen refufing to accept or 
 refigning, as the cafe may be, and delivered into the office of 
 Hhs Secretary cf State. And 
 
310 Money of Account of the Slate of Neio-tori, 
 
 And be it further ennded, 1 hat the term of fonr ye^rs for 
 which a Prelident and Vice-Prefideiit fhall be eledled (hill in 
 all cal'es commence on the fourth d >j of March n^xt fucceed. 
 iiig the day on which the votes of the eleftors (hall have been 
 given. 
 
 JONATHAN TRUMPUIX. Sp^aier cfthe 
 
 Hoiiff of Reprefentatites. 
 
 JOHN ADAMS, Vice Prefulent of the United Statet, 
 and PrtJUent of the Senate, 
 
 AppRoved, March the ift, 1791: 
 
 GEORGE WASHINGTON, 
 
 Pi efident of the United Statet, 
 
 AN act relative to the Money of Account of this State. 
 Paflerl a7th January, 1797. 
 
 BE it enaSed by the People of the State of Neuu-Tork, reprefent' 
 ed in the Senate and iffe-yibly. That fiom and after the firft 
 day of July next, all accounts in the treafury of this ftate ; 
 sil accounts in the county treufurics ; all accounts in the fe- 
 veial other public office.', within th'.s flate, all aflelVment rolls, 
 and all accounts arifiiig from proceedings in the courts of 
 juftice within this ftate, except as to bills of coft, fliall be kept 
 und made out in thr money of account of the United States, 
 that is to fay, in dollr-rs or units, difmes or tenths, cents or 
 hundredths,mills or th-^ufandths ; a dollar being four tenths of 
 the pound herttofote uftd, as the unit of money of account in 
 this liate, a diimc being the tenth part of a dollar, a cent the 
 hundredth part of a dollar, and a mill the thoulandth part of 
 a dollar. 
 
 And be it further enabled. That in all judgments ard decrees 
 to be mndc or given in any court of jultice after the laid firft 
 day of July next, for any debt, damages or colts, the amount 
 thereof (hall be computed and afcertained as near as may be, 
 in dollars and cents, rrjefting leflTev fiadtions if any, and in all 
 executions to be iffued thereon, it (hall only be necelTary to 
 mention the faid amount in dollars and cents. And no judg- 
 ment, decree or .other proceeding fhall be confidered as erro- 
 neous for or by reaibn of the omiiTion of the fra6iional parts of 
 a ceiit in any fuch computation. 
 
SCHEDULE of the whole Number of Persons iv'tthw the 
 feveral DijlriOs of the United States, taken according to 
 An Aft providing for the Enumeration of the Inha- 
 bitants of the United SMt^," pajed March the \Jl, 1790. 
 
 1> 
 
 ^1 o ^ J 00^ oj *- CO cjo^i o N -* 00 00'-^» 
 
 O -f^ ^ O — N C?\-> 00+->^-vJ^^N 
 
 •N^-t* N O ^1 i-ti -f>- 4^ — hi O^O OO-f^ ^ M 
 VI ^ N Os-J WIVOVN 00 O N \0 00 — 00 
 
 ••NO-f'N — ONb OOWl - ^ ^ 
 On v^i O 00 « Ni c>v>4 M "vj N O P O 
 
 Co -^1 OO-JSO 0*>^^*» biOA-f^ 0'^> CO — ^ 
 t>j 00*- hJ -fi. vO GCOV00t^-+*-^ OO-^ O O 
 
 Vi O O ►» cyv«n ^v*j^O00NNOO>^ 
 
 Freeivhiti mnles 
 of 1 6 yean an'l 
 upwards includ 
 ing heads of 
 families. 
 
 Free nuhite 
 males un,ie<- fix- 
 teen years. 
 
 Free •white fe- 
 males including 
 heads of fainiliet 
 
 o ~- J " 04* o> -*» O O C^«-»> ^ ^ 
 
 All othiT free 
 perfons. 
 
 i» vo ~j o M N w ori» ~ ~ N z « 
 
 N o ^1 ^ c^ o 00-J -tj vo £ £ — 
 
 — (j^\C} ^ N oooA (J M on4*> >: z ^ I 
 
 ^ ^ 4k. M O ON^ -vjvrt^^^k OOM n 00 CN ' 
 
 1» 00 4* 4^ — OO-f^OJ Ov~^ O 00 
 
 O ^ On On-o O — — ^ cc - 5 \n oo vi 
 
 StO 4* ^4 ^ CN»\0^^>i 4* N> DC 4^ OOOA 
 
 M oo*.>* "— ^ O O04^^>*nO O ON'-n O VI vO 
 
 Truly ftated from the original Returns depofitcd in the Office 
 of the Secretary of State. 
 
 TH: JEFFERSON. 
 
 OAober «4> i79i> 
 
 * 
 
N E W . Y O R K. 
 
 Summary of the Totafs of the different Count'ie: in this State. 
 
 ^ ^ oc -> I O 0\0 *o sO »J 
 
 ^ oc On O-f^ •« v-n i-ri ' i4 
 
 — I tNi 00"^ - I 01 o ^ NO to oc ^ ) -J 
 
 vO NO o CM^> IG Oni-m O -J On O n^ 
 
 N N 0\-^ — o N O O -- 
 
 ON 
 
 04 OnOn^ ^J^•^^N^J^O»0 ^» ^4*-t^H^ 
 N N^ N 00 oc-;*. NO ^ 00 00 — -1^ 
 M ooN^i u ^1 -ft- o — ) o ^ NO 
 
 ^ MtN)-^Ul*«^00 H- 
 
 On Qnqj — qno^-o-j-On oc c 
 
 N>3 M 1^ 
 
 M »• <v> -< 
 
 No NO OnvO nO OC-ti».N>J On>J4*.^ 
 -t^ 00 N> »^ O Onno — Ono ' O n>o no 
 -Jj-J N» On On O',n0 nQ conQ n -Q 
 
 i-i ^ OCNO ^ nO OCW-i 4^ n>j On On o» 
 
 ooNOoo-^i-^oii^N 0-+- 04^00 
 
 N04* |N> cjOON"^ t>* Onn» — O -u 
 
 00 — 
 -t>. No OS 
 
 Iji (4 -J NO —UlOJNO 0<*» 
 
 *j to 4* — CO On O'-o no — 
 4k. vo N No 00 On4- no O 
 
 Free H'hite males 
 of \6years\J up' 
 luardi including 
 head! of families. 
 
 Tree white males 
 under 16 yrars. 
 
 Free white jt- 
 
 mnles including 
 heads offiimilies. 
 
 All other p ee 
 perfons. 
 
 Sla-iies, 
 
 Aggregate ictal. 
 
 More females 
 than mules. 
 
 More males than 
 females. 
 
 New- York, July z6ih, 179U 
 
 W. S. SMITH, 
 
 END. 
 
STjmUB JDV'TXMS. 
 
 Treasury Department, 
 Washington, ijl September, 1800. 
 PUBLIC NOTICE is hereby given, 
 
 l^a purfuanceof an A£l of Congreff, pafTed on the 23d day of 
 April, 1800, entitled " An Aa lo eftah.ijh a Central Stamp' 
 Office," ' 
 
 THAT a General Stamp Office ie now eftablifhed at the 
 Seat of Government, in the City of Wafliington, frem 
 whence the>ewill iffue, from and after the d»te hereof (upon 
 the application of the Supervifurs of the Revenue, under whofe 
 management the colledlion of the Stamp Duties is placed) 
 any quantities of Paper, Parchment and Vellum, marked or 
 ftamped,and duly counter-ftamped, with the following rates 
 of Duty, which are demandable by law : 
 
 For every Jitn or piece of Vellum or Parchment, or fieet or piece 
 of P aper, upon ivhkh Jhall be written or printed any or either 
 of the Irifirumentt or iVrllingi following, to wit, 
 
 A>' n. r. 
 
 NY Certificate o^ Naturalization, 
 Any Licence to Pra"(^ice, . or Certificate of the Admif 
 fion, Enrollment or Regiftry of any Counfellor, 
 Solicitor, Attorney, Advocate or Proftor, in any 
 Court of the United States, 
 
 Provided, That a Certificate in any of the Courts 
 of tVie United"Statcs, for any one of the faid offi- 
 ces fhall, fo fat as relates to the payment of the 
 duiy afortfakl, be a fufficient admiffion in all the 
 Courts of the United States, for each and every 
 of the faid offices. 
 Any Grant or Lellen Patent, under the feal or author- 
 ity of the United States, (except for Lands granted 
 for military fervices) - . . • 
 
 Any Exemplification or Certifed Copy of any fuch Grant 
 or Letters Patent (except for Lands granted for mil 
 itaty fervices) 
 Any Charter- Parly, Bottomry or Rtfpondentia Bond, 
 iArjy Receipt or Difcharge for or on account of any Leg 
 acy, left by any Will, or other Teltamentary Inftru- 
 * mfBt or for any (hare or part of a perfonal Eltate, 
 
divided by force of any ftatute of diftributlons, other 
 than to the Wife, Children or Grand-Children of the 
 pcrfon deceafed, the amount whereof (hall be above 
 the value of Fifty Dollars, and fhall not exceed the 
 value of One Hundred Dollars, 
 
 When the amount thereof lhall exceed the value of One 
 Hundred Dollars, and (hall not exceed Five Hundred 
 Dollars, - - - - 
 
 And for every further fum of Five Hbndred Dollars, the 
 additional fum of - - - 
 
 Any PoFicy of Infurance, or Inftrument in nature there- 
 of, when the fum for which infurance is made Hiall 
 not exceed Five Hundred Dollars, 
 
 When the fum infured fhall exceed Five Hundred Dollars, 
 
 Any ExempHJication of what nature foever, that (hall 
 pafs the feal of any Court, other than fuch as it may 
 be the duty of the Clerk of fuch Court to furnifh for 
 the ufe of ihe United States, or foroe particular State, 
 
 Any Bond, Bill, fingle or penal, fnlnn<l Bill oj Exchange, 
 Promiffory Note, or other Note (other than any Kecog- 
 sizance, Bill, Bond or other Obligation or Contraft, 
 made to or with the United States, or any State, or 
 for their ufe refpeftively ; and any Bonds required in 
 any cafe by the Laws of the United States, or of any 
 State, upon legal procefs, or in any Judicial Proceed- 
 ing, or for the faithful performance of any truft or 
 duty) 
 
 If above Twenty Dollars and not exceeding One 
 Hundred Dollars, • - • 
 
 If above One Hundred and not exceeding Five Hun- 
 dred Dollars, .... 
 
 If above Five Hundred and not exceeding One Thou- 
 fand Dollars, - - - . 
 
 And if above One Thoufand Dollars, 
 
 Provided, That if any Bonds or Notes (hall be 
 payable at or within ftxly days, fuch bonds or notes 
 (hall be fubjeft to only two fifth parts of tht duty a- 
 forefaid, viz. 
 
 If above Twenty and not exceeding One Hundred Dollarf, 
 If above One Hundred Dollars and not exceeding Five 
 
 Hundred Dollars, ■ - - - 
 
 If above Five Hundred Dollars and not exceeding One 
 
 Thoufand Dollar*, ... - 
 
If above Oae TTioufend Dollais, ... 
 Any Foreign Bill of Exchange, Draft or Order for the pay 
 ment of Money in any foreign Country, 
 
 The faid duty being chargeable upon each »nd 
 every Bill ot Exchange without refpcft to the number 
 contained in each fet. 
 Any Note or Bill of Lading or Writing, or Receipt in na- 
 ture thereof for goods or merchandize to be exported ; 
 If from one diftiidt to another diftrift of the United 
 
 States, not being in the fame Stale, 
 If from the United States to any foreign port or place. 
 The faid duty being chargeable upon each and every 
 Bill of Lading, without rcfpeft to the ntt'.nber contain 
 ed in each fet. 
 
 Any Notes iffued by the Banks now eftablirtied, or that 
 may be hereafter eftablilhed within the United States, 
 other than the Notes of fuch of the faid Banks as (hall 
 agree to ao annual compofuion of one per centum 
 on the annual dividends made by fuch Banks, to their 
 fiockholders refped^ively, sccording to the follow' fcale. 
 On all Notes not exceeding Fifty Dollars, "1 „. 
 
 for each dollar J ' ' 
 On all Notes above Fifty Dollars, and not exceeding 
 
 One Hundred Dollars, - - 
 On all Notes above One Hundred Dollars, and not ex 
 
 ceeding Five Hundred Dollars, 
 On all Notes above Five Hundred Dollars, 
 Any Protejl or other Notarial Aa, 
 
 Any Letter of Attorney., except for an invalid penfioB, 
 or to obtain or fell warrants for land granted by the 
 United states as bounty for military lervices perform- 
 ed in the late war, ... 
 
 Any Inventory or Catalogue of any Furniture, Goods, or 
 Effedls, made in any cafe required by Law, (except in 
 cafes of Goods and Chattels diftrained for Rent or 
 Taxes, and Goods taken in virtue of any legal Procefs 
 by any Officer) .... 
 
 Any Certificate of a Share in any Infurance Company, of a 
 Share in the Bank of the United States, or of any (late 
 or other Bank ; 
 
 If above Twenty Dollars aod not exceeding One Hun 
 dred Dollars, .... 
 
n. c 
 
 If above One Hundred Dollars, - . I 
 
 If under Twenty DolMrs, at the rate of Ten Cents 
 for One Hundred Dollars, i 
 
 That ihe power of the Supervlfcrrs of the Revenue toNnark 
 Of ftamp any vellum, parchment or paper chargeable with du- 
 ty, will ceafe and determine from and after fix months from 
 the date hereof, to wit, on the laft day of February, 1801. 
 
 That, if any perfons fhall, after the laft day of February,^ 
 1801, have in their cuftody or polTeflion, any vellum^ parch- 
 ment or paper, marked or ilamprd by the Supervifors of the 
 Revenue, upon which any matter or thing, charged with du- 
 ty, fliall not have been written or printed, they may at any 
 time •wlihin the /pace of fixty days after the fa'td laft day of Fe- 
 bruary, i&oi, bring or fend fuch vellum, parchment and pa- 
 per, unto fome office of infpeflion, and in lieu thereof, receive 
 alike quantity or value of vellum, parchment and paper, duly 
 flamped, in purfuanceof the aft herein before recited. And 
 in cafe any perfon fhall neglcft or refufe, within the time afore- 
 faid, to bring or caufe to be brought unto fome officer of in- 
 fpeflion, any fuch vellum, parchment or paper, it is hereby 
 declared, that the fame will thereafter be of no other efFed.\ 
 or ufe, than if it had never been marked or ftamped, and that 
 all matleis and thiigs, which may after that time be writtcH 
 or printed upon any vellum, parchment or paper, authorized 
 to be < xchanged in manner aforefaid, will be of no other effect, 
 than if they had been written or printed on paper, parchment 
 or vellum, not marked or ftamped. 
 
 And for the convenience of ttiofe perfoRS who may be in- 
 clined to have their own vellum, parchment and paper ftamp- 
 ed or marked, it is hereby dtdared, t'lat when any perfon 
 fhall dcpofit any vellum, parchment or paper at the office of 3 
 fupervifor, accompanied with a lift, fpecifying the number 
 and denomination of the ftamps or marks, which are defired 
 tobe thereto affixed, the fame will be tranfmiited to the Gen- 
 eral Stamp Office, and there properly marked or ftamped, 
 and forthwith fent back to the fame fupervifor, who will 
 thereupon collefl the duties and deliver the papi r, parchment 
 or vellum, to the order of the perfon from whom the fame 
 was received. 
 
 Given under my hand, and the feal of the Treafury, a' 
 IVaJh'mgton, the dny and year ahrve mer tioned. 
 (l.8.) OLIVER WOLCOTT, becrelary of tht Treafury. 
 
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