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THE 
 
 CLERK AND MAGISTRATE'S 
 
 ASSISTANT. 
 
 BY A GENTLEMAN OP THE BAR. 
 
 f SECOND EDITION.) 
 
 P0UGHKEEPS1E, 
 
 PUBLISHED BY PARACLETE POTTER. 
 
 P. & S. Potter, Printers. 
 1816, 
 
DISTRICT OP NEW-YGRK, ss. 
 
 BE IT REMEMBERED, That on the twentieth day of June, in 
 ^-^>wA^-j the thirty eighth year of the Independence of the 
 b < L. S. £ United States of America, Paraclete Potter, of the 
 Y *~\mS\rsJ* said district, has deposited in this office the title of a 
 ook, the right whereof he claims as proprietor, in the words fol- 
 owing, to wit : 
 
 " The Clerk and Magistrate's Assistant. By a gentleman of 
 « the Bar." 
 
 In conformity to the Act of the Congress of the United States, 
 entitled " <\n Act for the encouragement of Learning, by securing 
 the copies of Maps, Charts and Books to the authors and proprie- 
 tors of such copies, during the times therein mentioned." And 
 also to an Act, entitled u an Act, supplementary to an Act, entitled 
 an Act for the encouragement of learning, by securing the copies of 
 Maps, Charts and Books to the authors and proprietors of such 
 copies, during the times therein mentioned, and extending the ben- 
 efits thereof to the arts of designing, engraving and etching historical 
 and other prints." 
 
 THERON RUDD, 
 
 Clerk of tte Santtxrn District of New-York. 
 
INDEX. 
 
 A 
 
 ACQUITTANCES. See Releases, page 160 
 ACKNOWLEDGMENT, see deeds. 
 
 AGREEMENTS, practical remarks concerning, 1 
 
 Agreement for sale of an estate by private contract, 2 
 
 On a purchase of property at a mortgage sale, 3 
 
 For building a house, 4 
 
 For rebuilding of mills, ib. 
 
 Between a merchant and his apprentice, 6 
 
 To make an assignment of a lease, 7 
 
 For an hired servant, 8 
 
 On a sale of wheat, M 
 
 Between a housekeeper and his lodger, 10 
 
 To continue a partnership, 20 
 Indorsed on articles of copartnership for continuing 
 
 the same, with other covenants, 21 
 
 Of marriage, 36 
 
 APPRENTICES, practical remarks concerning, 41 
 
 Indenture for binding, 43 
 
 Indenture by the overseers of the poor, 44 
 Forms of proceedings before magistrates in ca3e of 
 
 difference between masters and apprentices, 1 79 183 
 Covenant to indemnify a master from all costs &c. 
 that may accrue by his apprentices, 
 leaving him by consent, 40 
 ARBITRATIONS <fc AW ARDS, practical remarks on 60 
 Common bond of arbitration, 61 
 Condition for an award by an umpire, 62 
 An award that one party shall pay money unto the 
 other. All suits to cease. Parties mutually to 
 give general releases, 63 
 An award by an umpire, 65 
 ASSIGNMENTS, 45 
 Assignment of a bond, ib. 
 The like by indorsement, 46 
 Of judgment recovered, 47 
 Of a lease by an executor, ib. 
 Of a lease by indorsement, 50 
 Of a mortgage, ib. 
 Of a mans whole estate, in consideration of sever- 
 al debts und engagements, 51 
 
iv. INDEX. 
 
 Of a lease to indemnify the assignee on account of 
 
 his becoming bound for the debt of the assignor, 52 
 Mutual assignment between two partners (upon 
 determining the partnership) respecting bad 
 debts which are divided equally, 54 
 Of articles of agreement for the sale of timber, and 
 the money arising therefrom for the payment of 
 money in a schedule, » 56 
 
 Of several bonds to a trustee for a widow with con- 
 sent of her intended husband, that the money be 
 at her disposal after marriage, 57 
 Of dower, 60 
 ATTORNEY, powers of, practical remarks concerning,l 46 
 From partners to collect debts, 147 
 To receive a debt, 148 
 To receive a legacy, 149 
 To receive the rents of an estate, ib. 
 To make a distress, 150 
 From several creditors of a person deceased, to 
 bring actions &c. and an appointment of a cash- 
 ier for raising and paying money to defray the 
 expenses, 1 5 1 
 
 To lease or sell lands, 152 
 To take possession of lands and to sell them, ib. 
 Special power by a widow and executrix, 153 
 To receive dividends on, or to transfer public stock, 1 56 
 To vote by proxy, ib. 
 To receive pension, 157 
 Special power by substitution, 158 
 General power by substitution, 1 59 
 
 Revocation of a letter of attornev, ib. 
 AWARDS & ARBITRATIONS. See Arbitrations 
 and Award*. 
 
 B 
 
 BASTARDY, 
 
 Form of an examination of woman before birlh, 1 95 
 Examination after the birlh, 106 
 Form of warrant for apprehending the father, be- 
 fore birth, i'>- 
 The like afier birth, 197 
 Commitment thereupon, ib. 
 A bond to the overseers of the poor, 198 
 Form of a recognizance to appear at the nexl ses- 
 
INDEX. 
 
 Form of a warrant for apprehending the mother, 
 and summoning the reputed father, previous to 
 
 making the order, 200 
 
 An order of bastardy, ib. 
 
 Form of commitment for not obeying order, 202 
 
 The condition of a recognizance to appear at the 
 
 next general sessions, ib* 
 
 Form of a warrant to seize the estate of a father of 
 
 a bastard child who has absconded, 203, 
 
 A bond to indemnify a town in case of bastardy, 77 
 BILLS, BON DS & NOTES for the payment of money 
 
 Practical remarks concerning, 66 
 
 Notes, 68 
 
 Form of an indorsement, ib. 
 
 A penal bill, ib. 
 
 A single bill, 69 
 BOX OS, 
 
 Bond with a condition from one to one, ib. 
 
 With condition from two to one, ib. 
 Condition for payment of an annual sum to one 
 
 person during life, 70 
 
 Condition for payment of money at several days, ib. 
 
 Condition for payment of money quarterly, 71 
 
 In judgment, ib. 
 
 BONDS, special conditions of, 72 
 Condition of a bond of indemnity to one bound for 
 
 the obligor in a bond for payment of money, ib. 
 Counter Bond, where one is bail for another on a 
 
 bail bond, ib. 
 
 Condition to make and deliver conveyances, 73 
 
 To execute an assignment, 74 
 
 To seal and deliver the counterpart of a deed, ib. 
 
 Condition for the letting of cows, ib. 
 
 Condition to keen a person during life, 75 
 Condition of a bond to procure an heir at law to 
 
 conv ey when of age, and for quiet enjoyment &c ib. 
 Condition to marry a certain person, or pay a sum 
 
 of money, 7Q 
 
 Condii ion of a bond for performance of covenants, ib. 
 
 To indemnify a town in case of bastardy, 77 
 
 To the sheriff for the limits, 78 
 
 Bail ond, 79 
 
 Common bond of arbitration, 61 
 
INDEX. 
 
 BILLS of SALE, practical remarks concerning 7p 
 
 Bill of sale of goods, ib. 
 
 Of goods in nature of a mortgage, 80 
 
 Of goods on condition to maintain, &c. 81 
 
 Of an enrolled or registered vessel, 82 
 
 Of part of a ship by indenture, 83 
 C 
 
 CHARTER PARTY of assignment, 31 
 
 COMPOSITION with creditors, 34 
 
 CONFIRMATION, Deeds of, 98 
 CONTRACTS, See Agreements. 
 CONVICTION, under the act for regulating Inn3 and 
 
 Taverns, 233 
 Record of, before Magistrates, 227 
 Under the law for suppressing immorality, 229 
 CO-PARTNERSHIP, Indenture of, between two Book- 
 sellers, 10 
 Articles of, for carrying on a joint trade, 1 8 
 An agreement to continue a partnership, 20 
 Agreement, indorsed on articles of copartnership 
 
 for continuing the same, with covenants, 21 
 
 Deed of dissolution, 23 
 COPY RIGHT FOR BOOKS, mode of obtaining, see 
 patents, 
 
 CORONER'S precept to summon a jury, 209 
 
 Jurors oath on a coroner's inquest, ib. 
 
 Oath of a witness on a coroner's inquest, 2 1 
 
 Inquisition of murder, ib. 
 
 Where one is wilfully poisoned 211 
 
 Where one hangs himself, 212 
 
 Where one is drowned by accident, 213 
 
 Where one dies a natural death, ib. 
 
 Upon one who dies in gaol, ib. 
 
 On one non compos mentis, ib. 
 
 On one for cutting his throat, 214 
 
 For killing another in his own defence, ib. 
 
 Where the murderer is unknown, '216 
 Recognizance to bind over witnesses on indictment 
 
 before a coroner, ib. 
 COVEN \NTS. See agreements. 
 
 CREDITORS, composition with, 34 
 
 D 
 
 DEBTOR, leiter of licence to, 33 
 
 DEEDS, practical remarks concerning, 85 
 
INDEX. vn 
 
 Acknowledgment of, &c. 86 
 
 Proof of, &c. ibj 
 Deed without covenants, 8/ 
 
 With covenants against the grantor only. 88* 
 
 With full covenants, 89 
 
 Of lands on sale by mortgage, 92 
 Deeds of feoffment, 9' 
 Deeds of confirmation, 9S 
 Deeds of exchange, 99 
 
 Exchange of lands for a term of years, 1 00 
 
 Deeds of gift, 103 
 
 Of lands, H) 
 Deeds of partition, 104. 
 
 Of lands descended, ib. 
 
 Between tenants in common, 105 
 Deeds of surrender, 106 
 
 Surrender of a term of years to the person having 
 the reversion, ib. 
 
 Surrender' of a lease by indorsement, ib. 
 
 Surrender of a lease to the lessor by indorsement, 107 
 Deeds of release, 108 
 
 Release by a mortgagee to the mortgagor, of part of 
 the mortgaged lands, part of the money being paid, ib. 
 
 Of release of dower, 109 
 
 Of release of dower by indorsement on deed, i 1 ). 
 
 Of release from a mortgagor to a mortgagee in fee, 
 in consideration of money due on mortgage, 110 
 
 Quit claim, 88 
 
 Sheriff's deed, 94 
 Deed of gift of a personal esta(e> 1 13 
 
 By a father to a son of his personal property, the 
 son to pay his father's debts, and to allow him an 
 annual sum : on default of payment, the lather 
 to re-enter, &c. 114 
 
 Of goods to be used by the giver during life, 1 16 
 
 A grant of an annuity by indenture, 117 
 Deeds, of Lease and Release, 
 
 The Lease to precede the Release, 95 
 
 The Release, 9C 
 DISTRESS for RENT, practical directionson, 183 
 
 Warrant of distress, 1 84 
 
 Form of the inventory, ib. 
 
 Notice to the tenant ib, 
 
viii. 
 
 INDEX. 
 
 Appraiser's oath, 
 
 Directions for disposing of goods taken ic. ib. 
 DOWER, release of, 1 09 
 
 Release of, by indorsement on a deed, ib. 
 E 
 
 EXCHANGE, deed of, 99 
 Of lands for a term of years, 100 
 F 
 
 FELONY, form of examination of person charged with, 222 
 Form of the information or complaint of a felony 
 
 commt led, ib. 
 Form of a mittimus for, ' 224 
 Form of a justice's order on county treasurer for com- 
 pensation to constable for apprehending felon, 242 
 FEOFFMENT, deed of, with a memorandum of livery 
 
 and seisin indorsed on, 97 
 FEES, of justices of the peace, under the act to pre- 
 vent forcible entries and detainers, &c. Sec. 243 
 Of constables in distraining for rent, &c. &c. ib. 
 Of coroners, 244 
 FORCIBLE ENTRY & DET AINER, proceedings inl88 
 Record of a forcible detainer upon view, ib. 
 Mittimus for a forcible detainer, 189 
 Precept of the sheriff to return a jury, ] 90 
 
 Notice to person complained of, ib. 
 The juror's oath, 191 
 The inquisition, indictment, or finding of the jury, ib. 
 Form of the traverse, 1 92 
 
 Form of a warrant or precept for a new jury to try 
 
 the traverse, ib. 
 Form of the oath to be administered to the jury, 193 
 Warrant to the sheriff to make restitution, ib. 
 Form of a certiorari, to remove into the supreme 
 court an indictment for a forcible entry and de- 
 tainer, from before a justice of the peace, 195 
 G 
 
 GIFTS and GRANTS, practical remarks concerning, 1 13 
 Deed of gift of a personal estate. ib. 
 By a father to a son of his personal property, The 
 son to pay his father's debts, and to allow him 
 an annual sum; on default of payment, the fath- 
 er to re enter, <£c. 114 
 Of goods to be used by the giver during life, 1 1 6 
 
 A grant of annuity by indenture, 1 1 7 
 
INDEX. 
 
 ix. 
 
 I 
 
 IMMORALITY, form of conviction, under the law for 
 
 suppressing, 229*. 
 Form of the information, ib; v 
 Summons thereon, 230 
 Warrant for collecting penalty, ib. 
 
 INDENTURES. See apprentices, 
 
 INFORMATION, against a person for felony, 217 
 
 INQUISITIONS. See coroners 
 
 INNS, oath to be taken by commissioners before the 
 
 granting of any licence, 231 
 Form of a permit for an inn, 232 
 Recognizance by the inn keeper, ib. 
 Conviction against an innkeqier, 233 
 Resolution of commissioners, 234 
 Licence to retail liquor, ib. 
 
 INVALID PENSIONERS, power to receive pensions 157 
 
 J 
 
 JUSTICES' COURT, forms of proceedings in, under 
 
 the twenty five dollar act, 235 
 A summons, ih. 
 A warrant, ib. 
 Plea of title in an action of trespass for breaking 
 
 plaintiff's close, and cutting timber, &c. ib. 
 Form of a recognizance to be entered into on ten- 
 dering a plea of title, before a justice of the peace 236 
 A venire for a jury, 237 
 A Subpoena, ib. 
 An execution, 238 
 Advertisemennt of sale by constable on execution, ib. 
 Security to be given when plaintiff is a non-resident 
 
 and demands a warrant, ib. 
 Security to be given when defendant is brought up 
 
 on a warrant and applies for a postponement, 239 
 Bond required before attachment issues, ib. 
 Attachment against absent or absconding debtor, 2d0 
 Bond to be given to the plaintiff on the attachment 
 
 to prevent the goods, &c. being removed, ib. 
 Juror's Oath, 241 
 Oath or affirmation of witness to give evidence, ib. 
 Special form of an oath used by some denominations 
 of christians with the uplifted hand, ib. 
 Oath or affirmation of a witness or juryman on his voire 
 
 dire, ibs 
 
X. 
 
 INDEX. 
 
 " Constable's oath, 242 
 Form of indorsement on execution when the party 
 
 is entitled to exemption from imprisonment, ib. 
 L 
 
 LEASES, practical remarks concerning, 118 
 
 A lease of a house, 1 ] 9 
 
 A building lease, 121 
 
 A lease for years, 124 
 
 A lease for lives, 128 
 
 A lease in perpetuity, 131 
 
 LEASE & RELEASE, the lease to precede the release, 95 
 
 Thf release 96 
 
 LETTER of ATTORNEY. See attorney. 
 
 LETTER of LICENSE, to a debtor, 33 
 
 LIVERY and SEISIN, manner of indorsing, 98 
 
 M 
 
 M A Cf and WJFE, separation between, 37 
 
 MARRIAGE, articles of, 36 
 
 MILITI A, warrant of a non-commissioned officer, 245 
 
 To a non-commissioned officer to warn men, ib. 
 
 To levy a fin« 5 for misbehaviour while under arms, 246 
 Of the president of a court martial to sergeant to 
 
 summon delinquents, 247 
 Of tbe president of a court martial to constable to 
 
 collect fines. of delinquents, ib. 
 
 MORTGAGES, practical remarks concerning, 134 
 
 A mortgage of land, with a power of sale, 135 
 
 To a person who has become security, 136 
 
 For a term of years, 139 
 
 Of goods, 141 
 
 By indorsement, 142 
 
 Conveyance of land on sale by, 92 
 Conditions of sale where property is sold at auction 
 
 on a mortgage sale, &C 2 
 
 Agreement on a purchase at such sale, 3 
 N 
 
 NOTES, Promissory, &c. See bills, &c. 
 
 O 
 
 OATH, to be taken by appraisers of goods taken by 
 
 distress, 186 
 P 
 
 PARTITION, Deeds of, 104 
 
 Of lands descended, ib. 
 
INDEX. 
 
 3ti. 
 
 Between tenants in common, 105 
 PENSIONERS, invalid, power to receive pensions, 157 
 PATENTS, practical remarks concerning, 143 
 Proceedings to obtain, 145 
 Form of record of books, ib. 
 POOR, proceedings under the poor laws, 204 
 Order for the relief of a pauper, ib. 
 Warrant of two justices for a pauper to be examin- 
 ed concerning his settlement, ib. 
 Form of a general order of removal, 205 
 Notice of appeal from an order of removal, 206 
 A certificate, ib. 
 Acknowledgment of the certificate before a justice 
 
 with hi3 approbation thereof, 207 
 Notice to overseers t hat a person belonging to their 
 town is unable to be removed, and requesting 
 them to provide for him, 208 
 A warrant to seize the goods, and let out, and re- 
 ceive the rents of real estates of husbands or 
 parents who runaway from their families, ib. 
 POWERS of ATTORNEY. See attorney. 
 
 R 
 
 RECOGNIZANCES, general form of, with sureties, 213 
 Condilion of, for the peace or good behaviour, 219 
 To answer to an indictment for an assault and 
 
 battery, ib. 
 To prosecute and give evidence, 222 
 Condition of, to give evidence, 223 
 With sureties. , 226 
 
 Without sureties, 227 
 RELEASE, Deeds of. See Deeds. 
 RENT, Distress for, 183 
 REPLEVIN BOND, 1 87 
 RELEASES, or ACQUITTANCES, practical re- 
 marks concerning, 160 
 Made in pursuance of an award, ib. 
 Of a trust, 
 
 Of a legacy, 161 * 
 From a legatee on his coining to age, 16$ 
 To any executor very special, ib. 
 General release from one to one, 165 
 From two to one, ib. 
 Between two traders on settling accounts, 166* 
 To a guardian, 
 
xii. 
 
 INDEX. 
 
 S 
 
 SEARCH WARRANT, form of, 221 
 Form of complaint to obtain, 220 
 SEP ARATION, between a man and his wife 37 
 SHERIFF'S DEED, 94 
 SUR£TYOFTHEPEACE,oathofpersondemanding,218 
 SUKRENDER, Deeds of, 106 
 Of a term of years to the person having the reversion, ib 
 Of a lease by indorsement, ib 
 Of a lease to the lessor by indorsement, 107 
 T 
 
 TAVERNS, See Inns. 
 
 TOWN OFFICERS, appointment by three justices, 231 
 W 
 
 WARRANTS OF ATTORNEY, See attorney. 
 
 Warrants, for an assault and battery, 216 
 To apprehend a burglar, ib. 
 For felony, 217 
 For peace or good behaviour, 218 
 Search warrant; 221 
 For commitment for want of sureties, 219 
 For a witness, 223 
 To apprehend affrayers, 224 
 For a barrator, 225 
 Of two justices to apprehend an offender, ib. 
 To apprehend a person for coining money and to 
 
 seize his instruments, &c. 226 
 For collecting penalty, 230 
 
 WARRANTS, MILITARY, See Militia. 
 
 WILLS, practical remarks on, 167 
 
 Form of a will, with the devise of a real estate, lease- 
 hold, &c. 168 
 
 Codicil to a will, 169 
 
 Clause concerning disputes about any gift in a will, ib 
 
 Proviso, that the sums advanced by Testator in his 
 life time, to his children, shall be taken as part of 
 portion, 1 70 
 
 Appointment of Guardianship, ib. 
 
 Devise, from a husband to his wife of an estate for 
 life in lieu of dower, remainder to his children as 
 tenants in common, 171 
 
 Form of a will of lands, ib. 
 Of goods, 172 
 Of lands and goods ; 
 
Cleric Sf&Kptant 
 
 OF CONTRACTS, AGREEMENTS, AND COVE 
 NANTS. 
 
 PRACTICAL REMARKS. 
 
 A contract is an agreement upon sufficient considers- 
 lion to door not to do, a particular thi;i£?. 
 
 Contracts by our laws, are distinguished into agree- 
 ments by specialty, made by instrument under seal, and 
 agreements without specialty, made by instrument without 
 seal or by parol. 
 
 Agreements by specialty, are generally of higher con- 
 sideration in the law, than agreements without specialty ; 
 and it is therefore advisable, in contracts, to add a seal. 
 
 There is no difference in effect, Iwtween an agreement 
 in w riting without seal, and by parol, except that the for- 
 mer, can be more easily proved, and is therefore always to 
 be preferred. 
 
 In a few cases however, the law requires, that the con- 
 tract should be put in writing, and signed, to make it bind- 
 ing, as 
 
 1. All contracts conveying .lands or any interest in 
 them. 
 
 2. Agreements not to be performed in one year from the 
 making of them. 
 
 3. Agreements made upon consideration of marriage. 
 
 4. Promises to answer for the debt, default, or miscar- 
 riage, of another person : 
 
 5. Or to eharge an executor or administrator to answer 
 damages out of his own estate — and 
 
 fx Contracts for t he sale of goods to the amount of $25 
 when there is no delivery or payment, and no earnest giv- 
 en to bind the bargain ; but any sum how ever small will be 
 •ufficient earnest. 
 
 A 
 
ARTICLES OF AGREEMENT. 
 
 Agreement for sale of anestate by private con- 
 tract. 
 
 Articles of agreement made and entered into this 
 
 day of between A B of &c. of the one part and C D 
 
 of &c. of the other part as follows : The said A doth hereby 
 agree with the said B to sell to him the lot of ground Sec. 
 
 tor the sum of ; and that he the said A shall and will 
 
 on the day of next on receiving from the said 
 
 B the said sum at his own cost and expense, execute a 
 proper conveyance for the conveying and assuring the fee 
 simple of the said premises to the said B free from all in- 
 cumbrances, which conveyance shall cantain a general 
 warranty and the usual full covenants. And the said B 
 agrees with the said A that he the said B shall and will 
 
 on the said — day of next, and on the execution 
 
 of such conveyance pay unto the said A the sum of — » 
 aforesaid. And it is further agreed between the parties a- 
 foresaid as follows — That the said A shall have and retain 
 the possession of the property and receive and be entitled 
 to the rents and profits thereof, until the said — day of 
 
 next; when and upon the delivery of the conveyance 
 
 the possession is to be delivered to the said B. And it 
 is understood that the stipulations aforesaid are to apply to 
 and to bind the heirs, executors and administrators of the 
 respective parties. And in case of failure the parties bind 
 themselves each unto the other in the sum of — which 
 they hereby consent to fix and liquidate as the amount of 
 damages to be paid by the failing party for his non-perform- 
 ance. In Witness whereof the parties have hereunto set 
 their hands and seals the day and year aforesaid. 
 
 Condition of sale, where property is sold at 
 auction as a mortgage sale, fyc. 
 
 Conditions of sale of a lot of land, &zc. 
 
 1. That the highest bidder shall be the buyer ; and if 
 any dispute arise as to the last or best bidder, the property 
 shall be put up at a former bidding. 
 
 2. That no person shall without the assent of the auc- 
 tioneer advance less at any bidding than -r— dollars or 
 retract hie bidding. 
 
ARTICLES OF AGREEMENT. 
 
 3 
 
 3. That the purchaser shall within one hour after the 
 property is struck off to him pay down a deposit in the pro- 
 portion of dollars for every hundred dollars of the 
 
 purchase money into the hands of the auctioneer, and sign 
 an agreement for payment of the remainder on the — . 
 
 day of next at : at which time and place the 
 
 purchase is to be completed. 
 
 4. That upon payment of the remainder of the purchase 
 money at the time and place aforesaid, the vendor shall 
 at his own expense convey the property to (he purchaser 
 by a proper instrument, with general warranty and full cov- 
 enants. 
 
 5. If the purchaser shall neglect or fail to comply with 
 these conditions his deposit money if any is paid, shall be 
 forfeited to the vendor who sfeftti be at liberty to re-stll tbe 
 property at public auction ; and the deficiency (if any) oc- 
 casioned by such second sale, together with all expenses 
 attending the same shall immediately after the said sale 
 be made good to the vendor by the defaulter at this present 
 sale : and in case of the non-payment of the same the 
 whole thereof shall be recoverable by the vendor as and 
 for liquidated damages. 
 
 March 14, 1313. 
 
 A B Auctioneer. 
 
 Agreement on a purchase at such sale. 
 
 A B having become the purchaser of the within men- 
 tioned property at the sum of dollars, and having 
 
 paid unto C D the agent of the vendor the sum of dol- 
 lars as a deposit and in part payment of the purchase mcs 
 ney. 
 
 Now I the said A B do agree to pay the remaining sum 
 
 of dollars unto the vendor at on the day of 
 
 next, and in all other respects on my part to fulfil the 
 
 Tv ithin conditions of sale. 
 
 And I, E F the agent of the vendor, do agree that he 
 shall in all respects fulfil the said conditions of sale on his 
 part. Dated March 14, 1813. 
 
4 
 
 ATICLES OF AGREEMENT. 
 
 An agreement for building a house. 
 
 BE it remembered, That on this day of it is 
 agreed between A B of and C D of in 
 
 manner and form following, viz. the said C D for the con- 
 siderations hereinafter mentioned, doth for himself, his 
 heirs, executors and administrators, covenant with the said 
 A B his executors, administrators and assigns, that he 
 the said C D or his assigns, shall and will, within the 
 space of — next after the date hereof, in a good and 
 workmanlike manner, and at his own proper charge and 
 
 expense, at well and substantially erect, build and 
 
 finish one house, or messuage, according to the draught, 
 scheme and explanation hereunto annexed, with such 
 stone, brick, timber and other materials, as the said A B or 
 his assigns, shall find and provide for the same : In con- 
 siikralion whereof the said A B doth for himself, his exec- 
 utors and administrators, covenant with the said C D hia 
 executors, administrators and assigns, well and truly to 
 pr.y unto the said G D, his executors, administrators or as- 
 signs, the sum of of lawful money of — - in manner 
 
 following, viz. part thereof at the beginning of the 
 
 said work more another part thereof when the said 
 
 work shall be half done, and the remaining — — in full 
 for the said work, when the same shall be completely 
 finished : And also that he the said A B his executors, 
 administrators or assigns, shall and will, from time to time 
 as the same shall be required, at his and their own proper 
 expense, fiad and provide, stone, brick, timber, and other 
 materials necessary for making, building, and finishing the 
 said house. And for the performance of all and every the 
 articles and agreements above mentioned, the said A B 
 and C D do hereby bind themselves, their executors, ad- 
 ministrators and assigns, each to the other, in the penal 
 
 sum of firmly by these presents. 
 
 In witness, &e. 
 
 Articles for rebuilding of Mills. 
 
 ARTICLES of agreement made, &c. between A B of, 
 &c. of the one part, and G H of &c. of the other 
 
 part. 
 
 First x The said G H for the consideration herein after 
 
ARTICLES OF AGREEMENT. 5 
 
 mentioned doth promise and agree, to and with the said A 
 B, his executors, administrators and assigns, that he the 
 said G H shall on or before, &c. repair and go to,&c. and 
 there in a good and workman like manner, by and with 
 the directions of the said A B well and sufficiently rebuild, 
 or cause to be rebuilt, the mills of, &c. wirhsuch materials 
 and workmen to be employed under him, as the said A B, 
 his executors, administrators or assigns, shall find, and pro- 
 vide for the same. 
 
 In consideration whereof, the said A B doth hereby for 
 himself, his heirs, executors and administrators, promise 
 and agree to, and with the said G H to pay, or cause to be 
 paid to the said G H, his executor?, administrators or as- 
 signs, for all such time as he shall be employed as afore- 
 said, in rebuilding the mills aforesaid, weekly and every 
 
 week, the wages of dollars, <£*c. and so in proportion 
 
 for a less time than a week, to be paid to him the said G H 
 by the said A B at,Ecc. And also that he the said A B shall 
 and will pay, or cause to be paid, to him the said G H over 
 
 and above the wages aforesaid, the sum of in manner 
 
 following, that is to say : — thereof, to be paid down in 
 hand, and — to be paid him on the finishing of the re- 
 building of the mills aforesaid, to the satisfaction and good 
 liking of him the said A B, his executors, administrators 
 or assigns. 
 
 And lastly, The said G H doth promise and agree to, and 
 with the said A B, his executors, administrators and as- 
 signs, that he the said G H shall not absent himself or de- 
 part from the work and rebuilding aforesaid, without leave 
 in writing first had and obtained from the said A B. And 
 that if he shall absent himself or depart from such work or 
 building without such leave, that he will pay to the said A 
 
 B for every day of such absence, and the said G H 
 
 hereby consents that such sums as may become due under 
 this clause may be stopped and deducted by the said A B, 
 his executors, administrators or assigns, out of the wagei 
 aforesaid, if any shall be due. In witess, &c. 
 
 A2 
 
8 
 
 ARTICLES OF AGREEMENT, 
 
 Articles between a Merchant ttfhisJlpprentiee* 
 
 ARTICLES of agreement indented, made, &c be- 
 tween A B of, Sec. of the one part, and C D son of 
 E D of, &c. and the said E D of the other part, in manner 
 following, that is to say : 
 
 Whereas the said A B on the day of the date of these 
 presents, in consideration of the affection which he hath 
 and heareth to the said C I) is contented to take the said 
 C D to be his apprentice or servant in merchandizing af- 
 fairs : and to employ him therein, as well in parts beyond 
 
 the seas, as in the state of where the said A B shaft 
 
 or may hereafter, or now hath trading and dealings, for the 
 space of seven years, to commence from, &c. And there- 
 upon the said E D father of the said C D doth covenant 
 and agree to and with the said A B his executors, ad- 
 ministrators and assigns, in manner follow ing, that is to 
 say : 
 
 First, That the said C D his son, shall, during, the said 
 term of seven years, (if he so long live) diligently and faith- 
 fully, to the utmost of his power and skill, serve him the 
 said A B in his trade of merchandizing, and other his law- 
 ful affairs, in such place and places, as he the said A B 
 shall think fit to appoint : And that the said C D at all 
 times hereafter, during the said term, shall receive and take 
 into his charge and custody, all such goods, wares and 
 merchandizes whatsoever, as by, or for the use or account 
 of the said A B shall be consigned or sent to him the said 
 C D or which he shall any way be entrusted with : And 
 also sell, utter and dispose of the same goods, wares and 
 merchandizes to the best profit and advantage iie can, for 
 the said A B, his executors, administrators and assigns : 
 And shall also, during the said term, duly follow and per- 
 form the advice, directions and orders of him the said A B 
 which shall by letter, or otherwise, be sent, given, or made 
 known to him the said C D about or concerning the mer- 
 chandizing and business aforesaid. 
 
 And that he the said C I> shall, at the proper costs and 
 charges of the said A B, his executors or administrators,, 
 provide and keep in good and due order, the books of ac- 
 counts concerning his said employment as aforesaid, ac- 
 cording to the custom of merchants in such cases : And 
 shall deal justly and faithfully to and with the said A B ? 
 
ARTICLES OF AGREEMENT, ? 
 
 his executors, administrators and assigns, in all and 
 every his accounts, reckonings, bargains, and dealings, 
 relating to his said employment : And shall constantly,, 
 once in six months, during the term aforesaid, transmit 
 and give in to the said A B, his executors, administra- 
 tors, or assigns, true accounts of all the business and 
 dealings of him the said C D in the premises ; And shall 
 also send letters of advice to the said A B when abroad-, 
 of all occurrences wherewith it shall he proper the said 
 A B should be acquainted. And it is further agreed that 
 the said C D shall from time to time, upon reasonable re- 
 quest, shew and produce all his hooks of accounts con- 
 cerning his dealings aforesaid, and make and give unto- 
 the said A B, his executors, administrators or assigns, a 
 just, true, and faithful account in writing, of, for, and con- 
 cerning all and every such goods, wares-, money, debts 
 and merchandizes whatsoever, as well of the said A B 
 for his own proper use, a3 jointly with any ether person, 
 or persons, which shall hereafter come to the hands 05 
 charge of him the said C D, or for which the said C I) 
 should or ought to be accountable unto the said A B, his* 
 executors, administrators or assigns : And likewise that 
 he the said C D shall, within one month next after sccli 
 account made and given him in, well and truly pay and 
 deliver to the said A B, his executors, administrators or 
 assigns, all and every such wares, money, goods, debts* 
 merchandizes, and other things whatsoever, as by or upon 
 the foot of the said final account shall appear, and be found 
 due and belonging to him the said A B, his cxeculors ; .aaV 
 miuistrators or assigns, by or from the said C D. 
 In witness, <&c. 
 
 To make an Assignment of a Lease, 
 
 Article, &c. 1 
 
 WHEREAS J B hath by his deed indented, dated, 
 &c. demised, and to farm letten unto the said A B, 
 all that messuage, &c. To have and to hold to him the 
 said A B, his, &c. {reciting the lease) as by the said deed 
 more fully appears : Now the said A B, in consideration, 
 &c. doth hereby for himself, &c, That he the said A B, 
 before the, &c. day of, &c. shall and will, at the costs of 
 
* ARTICLES OF AGREEMENT. 
 
 him the said C D, his executors or administrators, by 
 deed indented, assure, assign and grant over to the said 
 C D, his, &c. (he said messuage, <£c and all his estate, 
 right, title, and demand therein : To have and to hold to the 
 said C D, his, &c. during the residue of the said term of 
 years then to come, of, in and to the same, by virtue of the 
 said deed indented, under the rents, covenants, and agree- 
 ments, therein specified. In witness, &c. 
 
 An agreement for an hired servant. 
 
 ARTICLES of agreement, indented, &c. between W S 
 of the one part, and VV M of the other part, as fol- 
 lows, viz- 
 
 The said W M for the consideration herein mentioned, 
 doth covenant, promise and agree, to and with the said 
 W S, his executors, administrators and assigns, by these 
 presents, in manner following, that is to say, that the said 
 W M shall and will for and during the term and time of 
 
 years, to begin and be accounted from the date of 
 
 v .hese presents, serve, abide and continue with the said 
 W S, his executors, administrators and assigns, his and 
 vheir covenant servant, and diligently and faithfully, ac- 
 cording to the best and utmost of his power, skill and 
 knowledge, exercise and employ himself in, and do and 
 perform such service and business whatsoever, as well 
 relating to the trade of which the said W S now useth, as 
 1:1 and about all other business, matters and things what- 
 soever, as the said W S shall from time to time order, 
 direct and appoint, to and for the most profit and advan- 
 tage of the said W S, that he can, and shall and will 
 keep the secrets of the said W S relating to the said 
 irade and business ; and likewise be just, true and faith- 
 ful to the said W S in all matters and things, and no ways 
 wrongfully to detain, embezzle, or purloin any monies, 
 goods or things whatsoever, belonging to the said W S. 
 And also shall and will keep just, true and faithful ac- 
 counts in the books of the said W S, of all goods bought 
 and sold, monies received and paid, and all other things 
 whatsoever, relating to the business of the said W S as 
 shall be committed to his care, management or disposal ; 
 and from time to time shall pay all monies which he shall 
 
ARTICLES OF AGREEMENT, 
 
 
 
 receive, of, or belonging to, or by order of the said W 8 
 into his hands, and make and give up true and fair ac- 
 counts of all his actions and doings in the said emplc}'- 
 meut, without fraud or delay, when and as often as he shall 
 be thereto required. And in consideration of the premi- 
 ses, and of the several matters and things by the said 
 W M to be performed as aforesaid, the said W S doth for 
 himself, his executors and administrators, covenant, prom- 
 ise and agree, to and with the said W M by these presents, 
 that the snid W S, his executors and administrators, 
 shall and will find and provide unto and for the said W M 
 in his dwelling house, meat, drink, washing and lodging ; 
 and also well and truly pay, or cause to be paid unto 
 the said W M, his executors, administrators or assigns, 
 
 the sum of a year, of lawful money of for the 
 
 first years, by equal quarterly pajments, and shall 
 
 Rnd will allow the said W M such reasonable expens- 
 es in and about the business aforesaid as he the said 
 W S shall think fit : And said parties do mutu; !ly cov- 
 enant and agree to and with each other, viz. Thatifthe said 
 W S shall not be willing to continue the said W 3tf in 
 
 his service after the expiration of the said years : 
 
 or if the said W M shall not bewillinj; to continue with 
 
 the said W S after the expiration of the said years ; 
 
 in eiiher of the said cases the said parties shall and will 
 
 give months notice of such I heir mind ami inten^ 
 
 lion, before the expiration of the said term. 
 In witness, &c. 
 
 Minutes of agreement on a sale of Wheat. 
 
 MEMORANDUM:— It is agreed by and between 
 E F of, &c, That he the said G H in considera- 
 tion of three hundred bushels of Wheat sold to him this 
 day by the said E F and by him agreed to be delivered to 
 the said G H free of all charges and expenses whatsoever, 
 at, on or before, &c. next, shall and will pay, or cause to 
 be paid to the said E F or his assigns within three months 
 after such delivery, the sum of, &c. And the said E F in 
 consideration of the agreement aforesaid, of the said G H 
 doth promise and agree, on or before, Ac. aforesaid, at his 
 own proper expense to sendiu and deliver to (be said G H 
 
10 ARTICLES OF AGREEMENT. 
 
 or his assigns, the said three hundred bushels of wheat so 
 sold him as aforesaid, and that he the said E F shall and 
 will warrant the same to be good, clean and merchantable 
 grain. In witness whereof the parties above named have 
 hereunto set their hands, &c. AVitness, &c. 
 
 Minutes of agreement between a housekeeper 
 an A his lodger. 
 
 MEMORANDUM :— It is agreed by and between 
 E F of, &c. and G H of, &c. as follows, viz. The 
 said E F in consideration of the rent herein? fter mention- 
 ed and agreed to be paid to him, hath letten to the said 
 G H one room, up two flights of stairs forwards, part of the 
 now dwelling house of the said E F, situate, &c. together 
 with the furniture at present standing therein, that is to 
 say, one table, &c. To hold to the said G H for the term of 
 two years, to commence from. &c. at the yearly rent of, 
 &c. to be paid quarterly to the said E F at, &c. 
 
 The said G H in consideration hereof agrees to pay the 
 aforesaid yearly rent of, <£c at the times above limited for 
 payment thereof ; and at the end of the term, or in case 
 of any default in the payment, shall and will, on request of 
 the said E F or his assigns, immediately yield and deliver 
 up to him or them, the peaceable and quiet possession of 
 the said room, together with, the whole furniture, he from 
 the first entrance thereon, there found and possessed, In 
 good and sufficient plight and condition, reasonable wear 
 and tear only excepted. In witness, &c. 
 
 &n Indenture of Co-partnership between twa 
 Booksellers. 
 
 THIS Indenture, made the day of in the 
 year of our Lord between A B, gentleman and 
 
 stationer of of theene part, and C D, also gentleman 
 
 and stationer of aforesaid, of the other part, witness- 
 
 eih, that the said A 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 co-partnership and 
 joint trade, in carrying on of the trade of printing and 
 
ARTICLES OP AGREEMENT. 11 
 
 bookselling, and therefore each of them doth respective- 
 ly, and for their several and respective executors and 
 administrators, covenant, promise and agree, to and with 
 the other of them, his executors and administrators, by 
 
 these presents, that from and after the day of 
 
 next ensuing the date of these presents, they the said 
 A B and C D, shall be and continue co-partners and 
 joint traders, in the art, trade, mystery and business of 
 a bookseller, that is to say, in buying, selling, vending, 
 exchanging, printing and uttering of all sorts of books, 
 and other things incident and belonging to the trade of 
 a bookseller ; and also in the management and doing of 
 all such other business, as they shall think fit, and mu- 
 tually agree and consent to trade in, for and during, and 
 until the full end and term of seven years, from thence- 
 forth next ensuing, and fully to be complete and ended, 
 if they shall both so long live. And for the carrying 
 on of the said joint trade, €ach of the said parties to these 
 presents, doth covenant, promise, grant and agree, to 
 and with the other of them, that they will each of them 
 bring in severally into the said joint trade and stock, 
 in money and goods to be used in the said (rade, on 
 
 or before the said day of — next ensuing the 
 
 date hereof, the full sum or value of of lawful mo- 
 
 ney of — to be used and employed in the said joint 
 trade, upon the said joint account. And it is herein and 
 hereby also mutually covenanted and agreed, by and be- 
 tween the said parties to these presents, that the said trade 
 of a bookseller shall be carried on and managed at the 
 
 shop and warehouse at the situate in or at any 
 
 other place they the said parties to these presents shall a- 
 gree upon for the purpose. And for the orderly proceeding 
 in and carrying on of the said intended trade or business, 
 it is mutually covenanted, concluded and agreed upon, by 
 and between the said parties to these presents, and each 
 of them doth for himself respectively covenant, promise, 
 grant and agree, to and with the other of them, his execu- 
 tors and administrators, by these presents, in manner and 
 form following, that is to say ; that they the said A B 
 and C D shall be just and faithful to each other, in all 
 their buyiugs, sellings, accounts, reckonings, disburse- 
 ments and dealings concerning the said co-partnership, 
 and shall each of them endeavor by all just care anddili- 
 
12 ARTICLES OF AGREEMENT. 
 
 gence to advance and promote the said joint trade ami 
 stock, without fraud or deceit, and give their attendance 
 upon the said trade ; And also that the said A B, his ex- 
 ecutors or administrators, shall have the full interest, 
 right or property of, in and unto one moiety or half part 
 ofthesr.id joint stock of books, copies and other things 
 belonging to the said co-partnership, and also of, in and 
 unto all the gains, profits and increase, which shall arise, 
 happen, accrue or be made thereby or by the ordering or 
 employing of the same, or by any credit or business to be 
 by them managed or done as co-partners, and also shall 
 bear and pay one moiety of all losses, costs, expenses, or 
 damages, which shall at any time happen, arise, or come, 
 or be expended or laid out, in, about or concerning the 
 said joint trade or co-partnership aforesaid, in any wise 
 whatsoever; And that the said C D, his executors or ad- 
 mi nistrators, shall have the full interest, &c. of, in and 
 unto the other moiety or half part, &c. [Here go on ex- 
 actly in the same manner as in the foregoing clause '] and 
 each of them the said A B and C D doth also for himself, 
 his executors and administrators, covenant, promise, grant 
 and agree, to and with the other of them, his executors 
 and administrators, that the said joint stock, and also the 
 hayings, sellings, exchanging of books, dealiugs, gains, 
 debts and credits, which shall grow, arise, happen, or 
 be made, of, or by means of the said joint trade, or any 
 thing incident or belonging thereunto, shall from time to 
 time, during all the said term of the said co-partnership, 
 be duly entered and fairly written in some convenient 
 book or books, to be kept for that purpose, within the 
 shop wherein the said trade is to be driven or carried on, 
 in such manner as men of the said trade use or ought to 
 do ; of which said books the said parties to these presents, 
 and either of them, their respective executors or adminis- 
 trators, shall freely at all times, as well during the contin- 
 uance, as after the expiration of the co-partnership afore- 
 said, have the sight and perusal, when and as often as it 
 shall be desired, and shall have liberty to transcribe and 
 copy out all or any part thereof, without any let, hin- 
 drance or denial : And also that all bonds, bills, notes, 
 specialties, and securities for money whatsoever, at any 
 time to be made or taken for any matter or thing concern- 
 ing the said joint stock or trade, and also all other things 
 
ARTICLES OF AGREEMENT. 
 
 13 
 
 to be sold, exchanged and delivered out of the said joint 
 stock or trade, shall be made and taken in the names of 
 the said A B and C D and for their joint and equal use 
 and benefit ; and also, that no more than — a week shall 
 be taken out of the said joint stock, by either of the said 
 parties to these presents, until notice be given to the other 
 of them ; and that each of the said parties shall receive 
 equally at the same time out of the said joint stock, and 
 not the one more than the other of them, except only 
 money to be, and which shall be necessarily, laid out in 
 the said stock and trade, for the support of the said co- 
 partnership : And also, that all sum and sums of money 
 to be taken out as aforesaid, either to be divided or used 
 in trade, shall from time to time be entered into the said 
 book or books, so to be kept as aforesaid : And also that 
 no apprentice or servant shall be taken during the con- 
 tinuance of the said partnership, but by and with the 
 joint consent of the said parties to these presents : And 
 also, if any book or books, money, goods, or other things 
 in copartnership, shall be embezzled, purloined or spoiled 
 by the apprentice or apprentices, or other agent or ser- 
 vant of the said parties to these presents, during the said 
 copartnership, then and in such cases, the !os? and damage 
 thereby happening shall be equally borne and sustained 
 by the said parties to these presents : And also, that 
 neither of the said parties shall at any time sell or de- 
 liver out upon trust, and without ready money, to any 
 person whatsoever, any part of the said joint trade and 
 
 stock, to above the value of unless upon notice 
 
 given to the other party to these presents, and his con- 
 sent thereto first had and obtained ; neither shall ei- 
 ther of them lend any money al>ove the value of — 
 out of the said joint stock, without such consent as a- 
 foresaid : but if goods of above value shall be trust- 
 ed, or money lent contrary hereunto, the same shall be 
 sustained or made goed by him so trusting or lending the 
 same, and not by the said joint stock : And also, that 
 neither of the parties to these presents, shall without 
 the consent of the other of them, release or discharge 
 any debt, duty, sum or sums of money or other things, 
 which shall be due, owing or belonging to the said 
 joint account, or any part thereof, or any securities giv- 
 en for the same, but only such and so much as shall 
 
 B 
 
H ARTICLES OF AGREEMENT. 
 
 be actually received and brought into the said joint stock ; 
 nor shall compound or agree to accept part for the 
 whole of any debt, duty or sum of money, to them up- 
 on the account aforesaid jointly owing or payable without 
 the consent or approbation of the other of them thereunto 
 [in writing] first had and obtained : And also that neither 
 of the said parties to these presents shall at any time dur- 
 ing the said co-partnership, and before a final partition 
 be made between them, become bound or be bail or surety 
 for, with or to any person or persons whatsoever, either 
 by bond, bill, judgment, statute, recognizance, promise, 
 or otherwise, without the privity or consent of the other 
 of them, thereunto [in writing]' first had and obtained ; 
 and that there shall not be any new translation of any 
 book or copy to the use of the said joint stock, nor any 
 printer, stationer, or bookbinder be employed in any thing 
 relating to the said joint stock, without the consent of 
 both the parties to these presents : And also, that the 
 said A B and C D shall and will, once in every year, 
 
 during the said co-partnership, on the or within 
 
 twenty days after, or oftener, at the request of either of 
 them to that purpose, join with the other of them, and 
 perform and do whatever to him belongeth, or in him lieth, 
 for the making up and passing of a new, plain and perfect 
 account and reckoning between them, of and concerning 
 all their buyings, sellings, exchanges, printing, trading and 
 dealings for, upon or by reason of the said joint trade, 
 and relating to the said copartnership, and of all and eve- 
 ry such stock, ready money and things as concern or 
 shall be employed in or about the same ; and of the gains, 
 profits, and increase thereof, and also of the charges, dam- 
 ages and expenses happening or accruing thereby : and 
 likewise of all debts owing or payable by the said par- 
 ties, for, upon, or in respect of the said joint trade and 
 dealing ; to the intent, that it may appear how and in 
 what state and condition they stand, in reference to the 
 said co-partnership and joint stock ; and upon the finish- 
 ing and perfecting every such account, the same shall be 
 fairly written into two several books for that purpose to 
 be provided, both of which said books shall be subscribed 
 by both the said A B and C D and one of them so sub- 
 scribed shall remain with the said A B and the other of 
 *hem with the said C D which said accounts so passed 
 
ARTICLES OF AGREEMENT. 
 
 15 
 
 and subscribed, shall not be called into question, or be in 
 any wise controverted, unless some manifest error or 
 mistake shall plainly appear to have therein escaped their 
 notice, and that the same error shall be discovered in the 
 life time of botii the said parties, and not otherwise. Pro- 
 vided always nevertheless, and it is expressly covenanted, 
 concluded and agreed by and between the said parties to 
 these presents, and the true intent and meaning of the said 
 parties hereunto is hereby declared to be, that if either 
 of the said parties shall die, during the continuance of the 
 said co-partnership, yet nevertheless no benefit of sur- 
 vivorship shall accrue unto, or be had or taken by the sur- 
 vivor of them, in any wise whatsoever ; any law, usage 
 or custom, or any thing herein before contained, to the 
 contrary thereof notwithstanding. But the one moiety of 
 the ready money, stock and effects of the said co-partner- 
 ship, aud the proceeds thereof shall come and be to the 
 executors or administrators of such dying person, or such 
 other person or persons as he shall otherwise dispose 
 thereof to, and the other moiety thereof to the survivor. 
 And it is further covenanted, granted, concluded and a- 
 greed upon, by and between the said parties to these pres- 
 ents, that if any debts shall be owing by the co-partners 
 upon the said joint accounts, such surviving partner shall, 
 out of the ready money, or if there be not ready money, 
 then as soon as money shall come in and become due, 
 satisfy and pay the same : And after all the debts shall be 
 paid, then such survivor shall forthwith pay so much 
 money, as the part, share, or dividend of the goods of 
 such deceased partner shall amount unto, upon a valua- 
 tion to be made of the stock, by two indifferent men of 
 the said trade ; the one to be chosen by the survivor, and 
 the other by the person who shall have a right to the de- 
 ceased's share, and shall also account for and pay one moi- 
 ety of all the debts due to the co-partnership, which he 
 shall receive, (he being first allowed his charges and ex- 
 penses in and about the getting in thereof?) And it is 
 hereby further covenanted and agreed, by and between 
 the said parties to these presents, that within one month 
 next after the end or determination of the said co-partner 
 Ship, if both the said parties shall be living, a final ac- 
 count, partition and division shall be made and passed by 
 and between the said co partners, for and concerning all 
 
16 ARTICLES OF AGREEMENT. 
 
 Mich goods, monies ami things, which shall be then due, 
 owing and belonging unto the said joint stock and trade, 
 or to the said parties to these presents, in respect there- 
 of ; and also of and for all such debts, dues or sums of mo- 
 ney as by reason of the said joint trade shall be contract- 
 ed, and be by them owing to any person or persons ; 
 and likewise of and for all the gains and increase, dama- 
 ges and losses happening or accruing by, through, or in 
 respect of the said joint trade or co-partnership, so that 
 the state thereof may appear, and how much thereof shall 
 belong to each party ; and then after all debts and sums 
 of money owing on the account, or by virtue of the said 
 co-partnership, shall be discharged and paid (and not be- 
 fore) the said A B, his executors, administrators or as- 
 signs, shall have and take to his and their own proper use 
 and uses, one moiety (the whole into two equal parts to 
 be divided) of all the money, goods and things then in 
 stock between them ; and the said C D, his executors, 
 administrators or assigns, shall likewise then have and 
 take to his and their own proper use or uses, the other 
 moiety of the money and the goods and things then in 
 stock between them ; and it is further covenanted and 
 agreed, that in case, at the end of the said co-partnership, 
 the money and stock shall not be sufficient to clear and 
 discharge all the debts owing upon the account of the 
 said co-partnership, that then each of the said parties to 
 these presents, his executors or admiuistrators, shall pay 
 one moiety thereof : And the said A B doth hereby cov- 
 enant, grant and agree to and with the said C D, his exec- 
 utors, administrators and assigns, that he the said A B, 
 his executors or administrators, shall and will well and 
 truly pay or cause to be paid one moiety thereof, and save 
 and keep harmless the said CD, his executors and admin- 
 istrators, of and from the same : and the said C D doth 
 hereby covenant, promise, grant and agree, to and with 
 the said A B, his executors and administrators, that he the 
 said C 0, his executors or administrators, sjiall and will 
 pay, or cause to be paid the other moiety thereof, and also 
 save and fceep harmless the said A B, his executors and 
 administrators', of and from the same ; and it is further a- 
 greed, that the copies or books of either of the said par- 
 ties to these presents, which shall be printed during the 
 continuance of the said copartnership, shall be for ilie ben- 
 
ARTICLES OP AGREEMENT. 1? 
 
 ent of the said joint stock, and be brought thereinto ; and 
 in case the said parties to these presents shall not agree 
 to the number of what shall be printed, or the prices to be 
 sold at, or to any other matter relating thereunto, that 
 then the same shall be determined by E F and G H ? 
 gentlemen and stationers of who are hereby author- 
 ized to determine the same, and their determination is 
 hereby agreed to be conclusive to the said parties to 
 these presents, and each of them shall be compelled to 
 perform the same by a rule of court of — — — at pur- 
 suant to the statute in that case made and provided : And 
 lastly, it is covenanted and agreed by and between the said 
 parties to these presents, in manner aforesaid, that if any 
 doubt, question or controversy shall arise between the 
 said parties, for, about or concerning this present inden- 
 ture of co-partnership, or any clause, proviso or agree- 
 ment, herein comprised or contained, or any defect or 
 want of explanation, or any matter or thing relating to 
 this co partnership, then and as often as any such doubt, 
 controversy or difference shall arise or happen, the same 
 shall be referred to the determination of the said E F and 
 G H (if they shall be then living :) And in case of the 
 death of either of them, then to two indifferent persons to 
 be nominated and chosen from time to time by the said 
 parties to these presents, within ten days after such con- 
 troversy shall arise or happen (each of the said parties to 
 chuse one) or else by an umpire to be nominated by the 
 persons so chosen, in case the said persons cannot agree 
 ami compose the same ; and that each of the said parties 
 to these presents, and their respective executors and ad- 
 ministrators, shall stand to, abide, perform and keep such 
 order and determination therein, as the said E F and 
 G rf, or the said indifferent persons to be chosen as 
 aforesaid, or the said umpire so to be chosen as aforesaid 
 shrill make and give up ; so as such order, judgment and 
 determination of the said E F and G H, or of two such 
 indifferent persons or umpire as aforesaid, of or concern- 
 ing the premises, be from time to time made and set 
 dowti in writing, under the hands and seals of the said E F 
 and G H or of the said two indiffereni persons, or of lhc 
 gaid umpire, within ten days next after such doubt, ques- 
 ti.v» controversy, shall be referred to them or him as 
 aforesaid, which said determination is hereby agreed to be 
 B2 
 
ARTICLES OF AGREEMENT. 
 
 conclusive to the said parties to these presents, awl eacf> 
 of them shall be compelled to perform the same by rule 
 
 of court of at pursuant to the said statute in 
 
 that case made. In witness, &c. 
 
 Articles of Co-partnership, for carrying on a 
 Joint Trade. 
 
 (Common Form.) 
 
 ARTICLES of agreement indented, &c. between A B 
 of of the one part, and C D of of the 
 
 other part. 
 
 First, The said A B and C D have joined, and by 
 these presents do join themselves to be co-partners to- 
 gether in the art or trade of and all things thereto 
 
 belonging ; and also in buying, selling, vending and re- 
 tailing all sorts of wares, goods and commodities belong- 
 ing to the said trade of which said co-partnership is 
 
 to continue from — — for and during, and unto the full 
 
 end and term of from thence next ensuing, and 
 
 fully to be complete and ended. And to that end and 
 purpose, he the said A B hath, the day of the date of these 
 
 presents, delivered in as stock the sum of and the 
 
 said C D the sum of to be used, laid out and em- 
 ployed in common between them, for the management of 
 the said trade of to their mutual benefit and advan- 
 tage. And it is agreed between the said parties to 
 these presents, and the said co-partners each for himself 
 respectively, and for his own particular part, and for his 
 executors and administrators, doth severally, and not 
 jointly covenant, promise and agree, to and with the oth- 
 er partner, his executors and administrators, by these pres- 
 ents, in manner and form following ; (that is to say) That 
 they the said co-partners shall not nor will at any time 
 hereafter, use, exercise or follow the trade of afore- 
 said, or any other trade whatsoever, during the said term, 
 to their private benefit or advantage, but shall and will 
 from time to time, and at all times during the saW term (if 
 they shall so long live) do their and each of their best 
 endeavours in and by all means possible to the utmost of 
 their skill, power and cunning, for their joint interest, 
 profit, benefit and advantage, and truly employ, buy, *e?j 
 
ARTICLES OP AGREEMENT. U 
 
 and merchandize v ith the stock aforesaid, and the increase 
 thereof, in the trade of aforesaid, without any sin- 
 ister inten'ions or fraudulent endeavours whatsoever.- — 
 And also, that they the said copartners shall and will 
 from time to time, and at all times hereafter during the 
 said term, pay, hear and discharge equally between them 
 the rent of the shop which they the said co-partners shall 
 rent or hire for the joint exercising or managing the 
 trade aforesaid. And that all such gain, profit and in- 
 crease that shall come, grow or arise for or by reason of 
 the said trade, and joint occupying as aforesaid, shall be 
 from time to time during the said term equally and pro- 
 portionally divided between them the said co-partners, 
 share and share alike. And also that all such loss as 
 shall happen to the said joint trade by bad debts, ill com- 
 modities, or otherwise, without fraud or covin, shall be 
 paid and borne equally and proportionably between them. 
 And further it is agreed by and between the said co- 
 partners, parties to these presents, that there shall be hay 
 and kept from time to time, and at all times during the 
 said term, and joint occupying and co-partnership togeth- 
 er as aforesaid, perfect, just and true books of account, 
 wherein each of the said co-partners shall duly enter and 
 set down, as well all money by them received, paid, ex- 
 pended and laid out in and about the managf ment < ! the 
 said trade, as also all wares, good , commodities and mer- 
 chandizes by them or either of them bought and sold, 
 by reason, or means, or upon account of the Baid co-part- 
 nership, and all other matters and things whatsoever, to 
 the said joint trade, and the management thereof, in any 
 wise belonging or appertaining ; which said looks shall 
 be used in common between the said co-partners, so that 
 either of them may have access thereto without any inter- 
 ruption of the other. And also that they the said co- 
 partners, once in three months or oftener if need shall 
 require, upon the reasonable request of one of them, shall 
 make, yield and render each to the other, or to the exec* 
 utors of each other, a true, just and perfect account of 
 all profits and increase by them or either of them made ; 
 and of all losses by them or either of them sustained ; 
 and also of all payments, receipts, disbursements, and 
 all other things, whatsoever by them made, rtceived, dis- 
 bursed, acted, done, or suffered in their said co-partner- 
 
20 ARTICLES OF AGREEMENT, 
 
 ship and joint occupying as aforesaid, and the same ac- 
 count so made, shall and will clear, adjust, pay and de- 
 liver each unto the other at the time, of making such ac- 
 count their equal shares of the profits so made as afore- 
 said. And at the end of the term of or other soon- 
 er determination of these presents (be it by the death ot 
 one of the said eo-partners or otherwise,) they the said 
 co-partners each to the other, or in case of the death of 
 either of them, the surviving party to the executors or 
 administrators of the party deceased, shall and will rnaka 
 a true, just and final account of all things as aforesaid, 
 and divide the profits aforesaid, and in all things well and 
 truly adjust the same, and that they also upon the making 
 of such a final account, and all and every the stock and 
 stocks as well as the gains and increase thereof which shall 
 appear to be remaining, whether consisting of money, 
 wares, debts, &c. shall be equally divided between them 
 the said co-partners, their executors or administrators, 
 share and share alike. In witness, &c. 
 
 Jin agreement to continue a partnership. 
 
 ARTICLES, &c. between M B of the one part, and 
 H P of the other part. 
 Whereas the said M B and H P have for several years 
 last past been equally concerned together as partners or 
 joint traders in the trade of , and in all profits and loss- 
 es thereby. And whereas before sealing hereof, l hey 
 have made up between them a full account and reckon- 
 ing of and concerning the said trade, goods and debts be- 
 longing and owing to and by ihem on account thereof, 
 containing all charges, profits and loss thereby, whereof 
 each of them, hath to the date thereof, paid and received 
 one equal moiety or half part, and upon making up the 
 said account, there appears to ne remaining in stock, at 
 the sealing hereof, in goods and debts owing on account 
 
 of the said trade, the sum or value of which belongs 
 
 to them jointly, and wherein they a»e equally concerned ; 
 out of which said stock are due and payable on account 
 
 of the said joint trade, several deb f s amounting to . 
 
 And whereas ihe said parms intend to continue the 
 
 said trade of in the dwelling house oi the said >1 B 
 
 in, &c. for ~— years, with the said joint stock of, &c. 
 
ARTICLES OF AGREEMENT. 21 
 
 and to be concerned therein equally as to profit and loss. 
 Now these presents witness, that in consideration of 
 the trust and confidence which the said parties have had 
 and repose in each other, it is hereby declared, covenant- 
 ed and agreed by and between the said parties, for them- 
 selves, their executors, administrators and assigns, that 
 the said parties are and will become and continue part- 
 ners and joint traders in the trade of biscuit baking, and 
 vending and selling of biscuits upon a joint and equal ac- 
 count between them, for profit aud loss for the said time 
 or term of years, to commence from the date here- 
 of, if both the said parties shall so long live. And it 
 is agreed, that all charges and losses, and all profits a- 
 rising by and on account of the said joint trade, shall be 
 equally paid, received and borne by and between the said 
 parties, and that the said M B for and in consideration of 
 the rent of the shop and other conveniences wherein the 
 said trade is driven, shall have and receive all benefit and 
 advantage to be had and made by the bran arising by the 
 flour or meal used in the said joint trade as he hath hither- 
 to received the same. And it is further agreed, Arc. (that 
 the parties be true to each other,) and have not, shall not, 
 nor w ill do or suffer any act or thing whatsoever, whereby 
 or by means w hereof any goods, monies or things belong- 
 ing to the 3aid joint trade, shall or may be extended, 
 seized or taken in execution, but that each, of them shall 
 and will defend the said joint stock and trade from iheir 
 own private and separate debts, and all damages by reason 
 thereof. And that [accounts to be nettled at the end of 
 the term.'] In witness, &c. 
 
 Indorsed on articles of Co-partnership for 
 continuing the same, with other Covenants. 
 
 7 £ - riti.sENTS indorsed wiT&fSS, That it is 
 JL mutually declared and agreed between the within 
 named A and B, for themselves, their executors and ad- 
 ministrators respectively, thai ti e partnership and joint 
 trade between them within mentioned, shii!l be continued 
 between them for the term of years, from the expira- 
 tion, (or you may begin thus:) We the within D med A 
 and B do by these presents indorsed, declare and mutually 
 
22 
 
 ARTICLES OF AGREEMENT. 
 
 covenant and agree unto and with each other, his and 
 their executors and administrators to continue the said 
 joint trade and partnership within mentioned for the fur- 
 ther term of years, from the expiration, &c. of the 
 
 years within mentioned, to be accounted, if both of 
 
 them shall so long live, with the joint stock ; and under, 
 and subject to the several covenants and agreements as 
 are within expressed and contained. And whereas 
 since the sealing and executing the within indenture of 
 partnership, the said A hath bought and purchased the 
 lease and term of and in the said messuages and premises 
 within mentioned, winch he then held at a rent. It is 
 therefore further DKCLARED and agreed between the 
 said parties, that if the said A shall happen to die before 
 
 the expiration of the said term of years, and the said 
 
 B shall him survive, that then the executors and adminis- 
 trators of the said A are only to grant, and when the said B 
 giving security for payment to the executors or adminis- 
 trators of the said A of so much money as the said A, his 
 part and share in the joint stock, and debts which shall 
 then be owing on account of the said joint trade shall 
 
 amount unto for the sum of to be allowed to the said 
 
 A for his charges in repairs and other works about the said 
 house, as in the within indenture iu that behalf is express- 
 ed, and according to the true meaning thereof, the execu- 
 tors and administrators of the said A shall and will at the 
 charge r>f the said B seal and execute to him a lease of the 
 said messuages or tenements for the term of years, to 
 commence from the quarter day next after the decease of 
 
 the said A at the yearly rent of to be paid quarterly, 
 
 and with such covenants to be continued therein as are 
 contained in the lease, whereby the said A holds the said 
 premises, which lease the said B agrees to accept, and at 
 the same time to seal a counterpart thereof to the executors 
 or administrators of the said A and that the said executors 
 or administrators are not to grant his lease and term of 
 years therein as within is mentioned, nor any further term 
 therein, otherwise than as aforesaid ; the within written 
 indenture, &c. In witness, &c. 
 
ARTICLES OF AGREEMENT. 23 
 
 Deed of Dissolution, 
 
 ri^HIS Indenture made the day of between 
 
 j| AB of haberdasher of hats, of the one 
 
 part, and C D of aforesaid, haberdasher of Parties - 
 
 hats, of the other part. 
 
 Whereas by indenture of co-partnership or covenants 
 
 hearing date the day of and made or Recital of a 
 
 mentioned to be made between the said C D of deed of co- 
 the one part, and the said A B of the other partnership, 
 part, they the said C D and A B did mutually covenant 
 and agree (under and subject to (he provisoes, conditions 
 and agreements therein contained) to become, continue, 
 and he co-partners and joint traders together* in the trade 
 and business of a haberdasiscr of hats, and in buying 
 and selling wool, tea, and such other commodities, goods, 
 wares and merchandizes as they the said partners should 
 mutually think fit and agree to trade or deal in, for and 
 during the full time and term of years, to be account- 
 ed from the — day of next ensuing the date 
 
 thereof, if both the said parties should so long iive, deter- 
 minable nevertheless as thereafter mentioned. ; for the 
 managing and carrying on of which said joint trade and 
 undertaking, they the said parties agreed to bring in and 
 make up in ready money or goods fit for the purpose, ap- 
 proved of and reasonably valued and appraised by and be- 
 tween themselves, or (in case of any difference between 
 them) by such other indifferent and proper persons, apprais- 
 ers, as they should mutually elect and agree upon for that 
 purpose, a capital joint stock amounting to the sum or valu< 
 of $6000 whereof the said C D did thereby agree within 
 one year after the commencement of the said co-partner- 
 ship to bring in and advance in ready money or goods as 
 aforesaid the full sum or value of $4500 being 3-4th 
 parts or shares thereof ; and the said A B did also there- 
 by agree within the same time of one year to bring in 
 and advance in ready money or goods as aforesaid the 
 full sum or value of $1500 being the remaining fourth 
 part of the said capital or joint stock ; of and in which 
 said joint stock, and of the gains, profit, and increase to 
 be made thereof, it was thereby declared and agreed, that 
 the said C D, his executors and administrators, should 
 have and be entity to three full fourth parts, the 
 
24 
 
 ARTICLES OP AGREEMENT. 
 
 whole into four equal parts to be divided, as and for his 
 sharp, interest and proportion thereof, and that the said 
 A B, his executors and administrators, should have and be 
 entitled to the remaining fourth part, as and for his share, 
 interest and proportion thereof. And whereas by an 
 
 indenture bearing date the day of and made 
 
 or mentioned to be made between the said A B of the 
 one par!, and the said C D of the other part, after re- 
 citing to the effect before recited ; and also reciting that 
 the said C 1) had advanced and paid into the said joint 
 trade, the said sum of $4500 as and for his part and share 
 therein : but the said A B not being able then to advance 
 and pay his said fourth part or share, or any part thereof 
 had requested the said C D to lend the same upon his 
 bond and the security next therein after mentioned, which 
 lie the said C I) had agreed to. And also reciting that 
 the said A B by oue bond or obligation under his hand and 
 seal bearing even date therewith, became bound to the 
 said C D in the penal sum of $3000 with condition there- 
 under written, for making the same void if he the said A 
 B, his executors or administrators should pay or cause to 
 be paid to the said C O, his executors, administrators or 
 assigns, the full sum of $1500 with interest for the same at 
 
 the rate of $5 per cent, per annum, on the day of 
 
 then next ensuing the date thereof, and as a further secu- 
 rity for the re-payment of the said $ 1 500 and interest, 
 he the said A B had agreed to release and assign his 
 fourth part, share and interest, of and in the said capital 
 joint stock, and of the gains, profits and increase thereof 
 to the said C I) in manner thereinafter mentioned. It is 
 by the said indenture n#w reciting witnessed, that for the 
 consideration therein mentioned, the said A B did assign 
 and set over, remise, release and quit claim unt© the said 
 C D all that the said fourth part, share and interest of him 
 the said A B of, in and to the said capital joint stock and 
 of all monies, goods, wares, merchandizes, debts and effects 
 thereto belonging, and which, during the said co-partner- 
 ship should or might belong thereto, and of the gains, 
 profits and increase thereof, and all the estate, right, title, 
 interest, property, profit, benefit, advantage, claim and 
 demand of him the said A B of, in and to the same or any 
 part thereof, to hold unt© the said C D, his executors, ad- 
 myiistrators and assigns, aa his and their own proper mon- 
 
COVEVANTS. 
 
 25 
 
 ies, good*, wares, merchandizes, chattels, debts, effects 
 and estates, from henceforth freely for evermore, subject 
 to a proviso therein contained, for making void the same 
 on payment of the said principal sum of $1500 and inter- 
 est, as therein particularly mentioned, as in and by the 
 said recited indentures, relation being thereunto respect- 
 ively had, may more fully and at large appear. Partnership 
 And Whereas the said C D and A B have ever established, 
 since the said day of been and continued copart- 
 ners and joint traders, in the said trade or business of a ha- 
 berdasher of hats, and in buying and selling of . 
 wool, teas and such other commodities, goods berdashe^or 
 wares and merchandizes, as the said parties hats, &c. 
 
 have thought fit to deal in, to the day of A 
 
 last past. And vhe^as the said C D for dissoiu- 
 
 and A B having drawn out an account of all their tion. 
 said partnership stock, debts and effects, and of their re- 
 ceipts and payments touching their said joint trade 
 
 and dealing, to the said day of last past do find 
 
 that the said trade hath not answered the end which was 
 intended by the said copartnership, and that it is the in- 
 terest of both the said parties to end and determine the 
 same, whereupon it is agreed by and between the said C D 
 and A B that the said copartnership, trade and joint deal- 
 ing shall accordingly entl and determine as from the said 
 — . — day of last past: and that the whole partner- 
 ship stock and debts shall vest in, and remain the proper- 
 ty of the said C D, and that he the said C D shall release 
 unto t he said A B all demands whatsoever, either on ac- 
 count of the said copartnership, or otherwise howsoever, 
 
 Pftye and except the stun of lent by the said C J) to 
 
 i be p tkl A B and for payment of which the said A B has 
 this day executed a bond to the said C D in the penalty of 
 
 and i n regard the said trade has been carried on from 
 
 the said day of last past, in the joint names of 
 
 the. said C 1) and A B the said C D in lieu of the profits 
 which may have been made by the said joint stock irom 
 that time to the day of the date hereof (Ml h of which, if 
 the copartnership had continued, would belong to (he 
 said A B after a deduction of the interest due to the said 
 C D on the above mentioned security) hath agreed to 
 
 allow from the said day of last past to the day 
 
 of the date hereof to the said AB wages for his trouble 
 
 C 
 
26 
 
 COVENANTS. 
 
 and time after the rate of $100 a year. And forasmuch 
 as the said A B hath, during all that time boarded the 
 servants as in time of partnership according to (he said 
 in part recited articles, it is agreed, that the said A B 
 shall be repaid the same, and an account has been this 
 clay settled by the said C D and A B of what is due to the 
 said A B for the said board and wages, and also of what 
 the said A B hath received from the said partnership 
 stock since the said day of last, and there re- 
 mains due to the said A B on the balance of the said ac- 
 
 2d artner to C0Un * tne s,Im °^ ^ND WHEREAS the said 
 
 continue 6 "in A B hath agreed with the said C D to continue 
 the service of in the service of the said C D from henceforth 
 
 the other to thesaid da y of next,andfrom that 
 
 time for another year at the option of the said C D so as 
 lie do signify the same in writing to the said A B two 
 months at least before the expiration of the said term. And 
 the said A B hath agreed, that during the time that he shall 
 be in the service of the said C D he the said A B shall 
 diligently serve the said C D in the capacity of a shop- 
 man, and behave himself in every raspect as a shopman 
 ought to do. Now this indenture witness- 
 Cousidera- ETH) f na t in pursuance of the said agreement, 
 and for divers good causes and considerations, 
 Dissolution. ihem the said C D and A B thereunto respec- 
 tively moving, It is hereby mutually covenanted, declared 
 and agreed by the said parties to these presents, and the 
 said C D and A B do severally and respectively for them- 
 selves, and for their several and respective heirs, execu- 
 tors and administrators, covenant, promise and agree to 
 and with the other of them, his heirs, executors and ad- 
 ministrators, that the said copartnership or joint trade 
 and every part and branch thereof ; and also the said re- 
 cited indenture of the day of , and every cove- 
 nant, article, clause, proviso and agreement therein con- 
 tained, shall from the day of last be void and 
 
 absolutely ended, determined, discontinued and dissolved, 
 any thing in the said recited indenture of copartnership 
 contained, to the contrary in any wise notwithstanding. 
 Settlement. And the said A B in pursuance of the said agree- 
 ment, and for and in consideration of the said sum of ■■ 
 being the balance of the said account due to the said A 
 B for the board and wages fifl aforesaid, to bim the said 
 
COVENANTS. 
 
 27 
 
 A B in hand paid by the said C D at and before the en- 
 sealing and delivery of these presents, the receipt where- 
 of is hereby acknowledged, and also for and in considera- 
 tion of the covenants, releases and agreements herein 
 contained on the part and behalf of the said C D, his ex- 
 ecutors and administrators, and for divers other good cau- 
 ses and considerations, him thereunto moving, hath bar- 
 gained, sold, assigned and released, And by ^ nmen t f 
 these presents, doth bargain, sell, assign and effects 1 to one 
 release unto the said C D, his executors, ad- partner, 
 ministrators and assigns, all that the said fourth part, 
 share and interest of him the said B of and to the said 
 capital joint trade, and of all goods, wares, merchandizes, 
 monies, debts and effects thereto belonging, in any man- 
 ner of way whatsoever, or in or to which the said A B 
 has any right, title or interest jointly with the said C D 
 by virtue of the said copartnership. And all the estate, 
 right, title, interest, property, profit, benefit, advantage, 
 claim and demand whatsoever, of him the said A B of, in 
 and to the said capital joint stock, ejects, money and debts, 
 and every or any part thereof ; and all the profits, pro- 
 duce, gains, proceeds and advantages which have been or 
 shall be hereafter made by the said partnership in any 
 manner of ways whatsoever, so as the said A B, his exec- 
 utors or administrators shall, or may have no claim or 
 demand on the said C D his executors or administrators, 
 on account of the same. To have, hold, receive Habendum, 
 and enjoy the said fourth part, share and interest, and all 
 other the share and interest of him the said A B of, in 
 and to the said capitaljoint stock, and of ali goods, wares, 
 merchandizes, debts, monies, profits and effects thereto be- 
 longing, and all and singular other the premises hereby 
 assigned and released, or mentioned or intended so to be, 
 and every part and parcel thereof, with their and every 
 of their appurtenances unto the said C D, his executors, 
 administrators and assigns, to and for his and their own 
 proper use, benefit and behoof, and as his and their own 
 proper goods and chattels forever. And the said A B 
 lor himself, his executors and administrators, in further 
 pursuance of the said agreement, and to enable the said 
 C D, his executors and administrators to receive all the 
 said partnership debts and effects, to and for his and their 
 own use and benefit, hath made, ordained, authorised} 
 
COVENANTS. 
 
 Power of At- cons tUuted and appointed, And by these pres- 
 orne7 ' ents doth make, ordain, authorise, constitute 
 and appoint the said C D his executors and administrators 
 to ask, demand, sue for, recover and receive of and from 
 all and every person and persons whatsoever, all and 
 every the debts, sum and sums of money, good?, 
 debtee* chattels and effects, whatsoever and howsoever, 
 now due and owing or belonging to the said copartnership 
 in any manner or ways whatsoever, and upon receipt of the 
 same, or any and every of them, or any and every part 
 and parcel of them, and every of them to give, sign and 
 execute proper and sufficient releases, acquittances and 
 discharges for the same ; and for that purpose, he the said 
 A B doth hereby give and grant unto his said attorney 
 and uttornies, full power and authority to state and settle 
 all accounts and differences, any ways relating to the said 
 copartnership joint trade, with all and every person and 
 persons whatsoever, and to compound and release all and 
 every, or any part of the said debts and demands, as he 
 and they shall think fit and necessary. And to do all and 
 every other act, matter and thing whatsoever, in and about 
 the 'vremises, as fully and effectually to all intents and 
 p r- »ses as he the said A B could or might do if per- 
 sonally present. A»Nd the said A I> doth hereby fur 1dm- 
 fconfirmatfon self, his executors and administrators ratify 
 of acts *^ and confirm all and whatever the said C 1>, his 
 executors or administrators shad or may lawfully do or 
 cause to be done in and about the premises, by virtue of 
 these presented And the said A B doth hereby for him* 
 Covenant self, his heirs, executors and administrators, cov- 
 enant, promise and agree to and with the said C D, Ids ex- 
 ecutors, administrators or assigns, that he the said A B, 
 his executors, administrators or assigns, shall not, nor will 
 at am time or times hereafter receive, release, acquit or 
 Not to release discharge any of the debts or demands, due to 
 debts, ic. the said copartnership, or any actions or suits 
 that shall be brought, sued or commenced for, or on 
 account of the same, without the consent of the said 
 C I) for that purpose in writing, first had and obtained. 
 Nor shall, nor will do, or sutler, or cause to be done, 
 any act, matter or thing whatsoever, whereby the saidC 
 D ' his executors, administrators, or assigns shall, or may 
 be hinderedor obstructed in the recovering and receiving 
 
COVENANTS. 
 
 2% 
 
 of the said debts, goods, chattels and effects, due, owing 
 and belonging to the said copartnership, or any part there- 
 of : but shall and will from time to time, and at all times 
 hereafter, at the cost and charge of the said C D ^ 
 do, perform and execute all and every further 
 
 assurance. 
 
 and other lawful matters and things for the bet- 
 ter enabling him the said C D, his executors, administra- 
 tors or assigns to get in and receive the same, to and for 
 his and their own use and benefit as aforesaid. And the 
 said A B for the considerations assigned, hath Release from 
 remised, released, and forever quit-claimed, a J*j g ™ e r t0 
 And by these presents, doth for himself, his a * slgnee * m 
 executors and administrators, remise, release, and 
 forever quit-claim unto the said C D, his executors a nil 
 administrators, all and all manner of action and actions, 
 cause and causes of actions, suits, differences, con- 
 troversies, quarrels* bonds, covenants* notes, bills, dama- 
 ges, estate, right, title, claims and demands whatsoever, 
 both in law and equity, which he the said A B now hath, 
 or which he, his executors, administrators or assigns can 
 or may at any time or times hereafter have, claim, chal- 
 lenge or demand against the said C D, his heirs, execu- 
 tors or administrators for or by reason or means of the 
 said copartnership, or any other matter, cause or thing 
 whatsoever, from the beginning of the world to the day of 
 the date hereof, save and except the covenants, clauses 
 and agreements hereinafter contained on the part and be- 
 half ot the said C D his executors and administrators, to 
 be paid, done or performed. And the said C D in Aocep. 
 pursuance of the said agreement, and in consider- * atj °n. 
 ation of the above mentioned assignment and release, doth 
 hereby accept of the said joint stock, debts and effects, in 
 full of all demands, which he or his executors or admin- 
 istrators have or can, or may have on the said A B, his 
 executors or administrators, for or by reason or means of 
 the said copartnership or joint dealing, or on any other 
 account whatsoever, except as herein before and after is 
 excepted. And the said CD hath remised, released, 
 and forever quit claimed, \nd by these presents, dotf, 
 for himself, his heirs, executors, andadminis- ReieasefVomas- 
 trators, remise, release, and Tore er quit-claim pjgnee to as- 
 uotot.hes.iiri \ B his executors and adminis- 81gnor - 
 trator3,all, and all manner of action and actions, eause 
 
 C2 
 
COVENANTS. 
 
 and causes of actions, suits differences, coiitio- cr^ic r, 
 quarrels, bonds, covenants, notes, bills, damage?, claim?, 
 arid demands whatsoever and howsoever, both at law*and 
 in equity, which he the said C D now hath, or which he. 
 Ins executors, administrators or assigns can or may at any 
 time or times hereafter, have, claim, challenge or de- 
 mand of or agaiast the said AB, his heirs, gfeeeutofH of 
 administrators, for or by reason or means of tl>e said co- 
 partnership, or any other matter, or thing relating thereto 
 or any other matter, cause or thing whatsoever, from the 
 beginning of the world, to the day of the date hereof, sore 
 and except the covenants and agreements herein contain- 
 ed, on the part and behalf of the said A B, his executors 
 and administrators, to be done and performed. And also, 
 
 save and except the said sum of so as aforesaid, due, 
 
 from him the said A B to the said C D by virtue of the 
 said aboveinentioned bond, bearing even date herewith as* 
 Covenants aforesaid. And the said C D doth hereby for 
 to pay debts himself, his heirs, executors and administra- 
 tors, covenant, promise and agree to and w ith the said A 
 B, his executors and administrators, in manner following, 
 (that is to say,) That he the said C D, his executors and 
 administrators shall and will, as soon as conveniently may 
 be, pay and discharge ail debts and demands whatsoever, 
 due and owing from the said C D and A B on account oC 
 the said copartnership, or which he the said A B, his ex- 
 ecutors or administrators shall or may be liable to pay 
 satisfy or make good jointly with the said C D Ipr or by 
 reason or means of the said copartnership. And also, 
 Indemnity shall and will from time to time, and at all times 
 &c - 'hereafter, well and sulFicieutly save, defend, keep 
 harmless and indemnified the said AB, his heirs, execu- 
 tors and administrators, and his and their, and every of 
 their estate, goods, chattels and effects of, from and a- 
 gainst all costs, payments, charges, demands and expens- 
 es whatsoever and howsoever, which he the said A B, his 
 heirs, execu o s or administrators, or his or their estate, 
 goods, chattels or effects shall or may suffer, sustain or be 
 pur unto, for or by reason or means of the said copartner- 
 ship, joint trade or dealing, or for or by reason or means 
 of the said C D, his executors or administrators, making 
 use of the name of the said A B in any suit or action for 
 the recovery of the said copartnership's debts and effects* 
 
COVENANTS. 
 
 3 1 
 
 o: by reason or means of his being made defendant in any 
 suits, or any other matte/ or thing whatsoever, relaiing to 
 the said co-partnership. And vt is hereby inutu- covenant 
 ally agreed bv and between the said parties to for second 
 these presents, that the said A B shall continue ^ 
 aud be a servant as a shopman to the said C 1) nan to the 
 
 in the said business, from this time to the other. 
 
 ( l av f UO w next, at the wages and after the rate of 
 
 $100 a year, which the said C D here!)} agrees to pay him 
 
 by monthly payments, that i s t say, $ on the ias! day 
 
 oi' every calender month, to be computed from the date 
 hereof, and in proportion thereto for the fraction or re- 
 mainder of a month on the last day of the said term. — 
 And that he the said A B shall continue afterwards in the 
 service of the said C lJ for one year longer, to commence 
 
 from the day of next in case the said C I) shall 
 
 think fit, to continue him the said A B so long ^ bp 
 in the said service, and shall signify such his continued at 
 intention in writing, at least two months be- the o^tiouof 
 
 tore the said day of next, at and rf hr5t - 
 
 ter the rate and wages of S 100 a ye r, payable by monthly 
 payments as aforesaid. And that the said A B during the 
 time he shall be in the service of the said C D, ihall dili- 
 gently attend the business of the said C D as a shopman, 
 and behave himself in every respect us a shopman ought 
 to do. In witness, kc. 
 
 A Charter Party of Assignment. 
 
 Fff^HIS Charter Parly, indented, made, concluded, arid 
 
 JL agreed upon, the day of in the year of our 
 
 Lord between A B of master and owner of the 
 
 -hip or vessel called of the burthen of of the 
 
 one part, and C D of of the other part, nitrutsclh, 
 
 that the said A B for the consideration hereinafter men- 
 tioned, hath granted and to freight Ietten, and by these 
 presents doth grant and to freight let, unto the said C D, 
 his executors, administrators and assigns, the whole ton- 
 nage of the hold, stem, sheets, aud half deck of the said 
 
 ship or vessel, from the port of to the port of 
 
 in a voyage to be made with the said ship in the manner 
 following (that is to say) the said A B is to sail with the 
 irst fair wind and weather that shall happen, next after 
 
32 
 
 COVENANTS. 
 
 the — — day of or before the day of next, 
 
 from the said port of — with the goods and merchan- 
 dizes of the said C D, his factors or assigns, on hoard to 
 
 ■ aforesaid, there to be delivered and discharged of 
 
 her said cargo, within fifteen days next after her arrival 
 to the end of the said voyage ; In consideration whereof, 
 the said C D, for himself, his heirs, executors and admin- 
 istrators, doth covenant, promise and agree, to and with 
 the said A B, his executors, administrators and assigns, 
 and every of them by these presents, that he the said C D, 
 his executors, administrators, factors or assigns, shall and 
 will well and truly pay, or cause to be paid, unto the said 
 A B , his executors, administrators and assigns, for the 
 
 freight of the said ship or goods, the sum of [Or 
 
 thiL9, 20 dolls, a ton for loading or unloading and taking 
 
 in goods at and — ports] within one and twenty 
 
 days after the said ship's arrival, and goods discharged at 
 
 aforesaid, for the end of the voyage ; and also shall 
 
 and will pay for demurrage, if any shall be by the default 
 of him the said C D, his factors or assigns, the sum of 
 two dollars a day, daily and every day, as the same shall 
 grow due ; and the said A B, for himself, his heirs, exec- 
 utors and administrators, doth covenant, promise, grant 
 and agree, to and with the said C D, his executors, ad- 
 ministrators and assigns, and every of them, by these pres- 
 ents, that the said ship or vessel shall be ready at the said 
 
 port of — at key, to take in goods, by the said 
 
 day of next coming ; and within ten days after the 
 
 3aid ship shall be ready at the 3aid key as aforesaid, the 
 said C D doth grant, promise and agree to have his goods 
 ready and put on board the said ship, in order that she 
 may proceed on her said voyage. And the said A B 
 doth also covenant, promise, grant and agree to and with 
 the said C D, his executors, administrators and assigns, 
 that the said ship or vessel now is. and at all times during 
 the said voyage shall be, to the best endeavor of the said 
 A B, his executors and administrators, at his and their 
 •wn proper costs and charges, in all things made aud kept 
 stiff, staunch and strong, and well furnished and provided 
 as well with men and mariners sufficient and able to sail, 
 guide, and govern the said ship, as with all manner of rig- 
 ging, boats, tackle, apparel, furniture, provision and ap- 
 pertenances fitting and necessary for the said men and 
 
COVENANTS. 
 
 3o 
 
 mariners, and for the said ship, daring the voyage afore- 
 said. In -witness, &c. 
 
 A Letter of License to a Debtor. 
 
 FTT^O all to whom these presents shall come, we E P 
 
 _H. of G 11 of [Here name the several other 
 
 creditors] whose names are under written, and seals affix- 
 ed, creditors of A B, now or late of send greeting. 
 
 Whereas the said A B on the day of the date hereof, is 
 indebted unto us the said creditors in divers sums of mo- 
 ney, which by reason of great losses and misfortunes he is 
 not at present able to pay and satisfy without respite of 
 time to be given him for that purpose ■ Know ye therefore, 
 that we the said creditors, arid every of us, do by these 
 presents severally give and grant uuto the said A B, free 
 license, liberty and leave, and our sure and safe conduct, 
 to come, go, and resort unto us and every of us, his said 
 creditors, to compound and take order with us, and every 
 one of us, for our and every of our said debts ; and also go 
 about his other business and affairs at his free will and 
 pleasure, from the day of the date hereof, until the full end 
 and term of — next ensuing, without any let, suit, 
 trouble, arrest, attachment or other disturbance whatso- 
 ever, to be offered or done unto him the said A B, his 
 WOres, goods, money or merchandizes whatsover, by us, 
 or any of us, or by the executors, EKlminktraton, partners, 
 or assigns of us or any of us, or by our or any of our means 
 or procurement. And we the said creditors, severally 
 nad respectively, each for him-fif, bis executors and ad- 
 ministrators, doth severally and apart, and not jointly, cov- 
 enant, giant and agree, to and with the said A B, his ex- 
 ecutors and administrators, and every of then by these 
 presents, thnt it any trouble, vexation, wrong, damage or 
 hindrance, stall be done unto him the said A B, either in 
 
 his body, goods or chattels, within the said term of 
 
 from the date of these presents, by us, or any of us, con- 
 trary to the tenor and effect of this our license, that then 
 he the said A B, his executors and administrators, shall be 
 acq lilted and discharged towards and against him and 
 them, of us, his and their executors, administrators, part- 
 ners and assigns, and every of them, by whom and by 
 
34 
 
 COVENANTS. 
 
 •whose means he shall be vexed, arrested, troubled, impris- 
 oned, attached, grieved or damnified, of all manner off ac- 
 tions, suits, quarrels, debts, dues and demands, either in 
 law or equity whatsoever, from the beginning of the world 
 to the day of the date of these presents : Provided always 
 nevertheless, and it is the true intent and meaning of these 
 presents, and of the said parties hereunto, that if all the 
 said parties shall not subscribe and seal these presents, 
 then and in such case, the liberty and license hereby giv- 
 en and granted, and every clause, covenant, matter and 
 thing therein contained, shall cease and be utterly void to- 
 all intents and purposes; any thin"; herein before contain- 
 ed to the contrary thereof in any wise notwithstanding. 
 In witness, Sec. 
 
 A Composition with Creditors. 
 
 TO all to whom these presents shall come, we whose 
 names are here under written, and seals affixed, cred- 
 itors of A B of send greeting. Whereas the said A B 
 
 doth justly owe, and is indebted unto us, his said several 
 creditors, in divers sums of money ; but by reason of 
 many losses, great hindrances and other damages hap- 
 pened unto the said A B he is become utterly unable to 
 pay and satisfy us our full debts, with such goods, wares 
 and merchandizes which he hath, which we the said 
 creditors are unwilling to accept of, or any wise to inter- 
 meddle with the same ; and therefore we the said cred- 
 itors have resolved and agreed to undergo a certain loss, 
 and to accept of five shillings for every pound owing by 
 the said A B to us the several and respective creditors 
 aforesaid, to be paid in full satisfaction and discharge of 
 our several and respective debts. Now know ye, that we 
 the said creditors of the said A B do for ourselves sever- 
 ally and respectively, and for our several and respective 
 heirs, executors and administrators, covenant, promise, 
 compound and agree, to and with the said A B, his ex- 
 ecutors and administrators, and to and with every of 
 them by these presents, that we the said several and re- 
 spective creditors, our several and respective heirs, ex- 
 ecutors, administrators and assigns, shall and will accept, 
 receive, and take of aud from the said A B. his executors 
 
COVENANTS. 
 
 3d 
 
 and ad*fe$Hstrators, for each and every pound that the said 
 A B doS owe and is indebted to us the said several and 
 respective creditors, the sum of five shillings, in full dis- 
 charge and satisfaction of the several debts and sums of 
 money that the said A B doth owe and stand indebted un- 
 to us the said creditors respectively ; so that the said sum 
 of five shillings, to be paid for each and every pound that 
 the said A B doth owe and standeth indebted unto us the 
 said several and respective creditors be paid unto us the 
 said several and respective creditors, our several and res- 
 pective executors, administrators or assigns, within the 
 time or space of six months next after the date of these 
 presents ; And we the said several and respective cred- 
 itors, do severally and respectively, for ourselves, our se- 
 veral and respective heirs, executors, administrators and 
 assigns, covenant, grant, promise and agree, to and with 
 the said A B his executors and administrators that 
 the said A B, his executors, administrators and assigns, shall 
 and may from time to time, and at all times within the 
 said term or space of six months next ensuing the date 
 hereof, assign, sell, or otherwise dispose of his said goods 
 and chattels*, wares and merchandizes, at his and their own 
 free will and pleasure, for and towards the payment and 
 satisfaction of the said five shillings for every pound the 
 said A B doth owe and is indebted as aforesaid, unto us 
 the said respective creditors ; and that neither we the 
 said several and respective creditors, or any of us, nor the 
 executors, administrators or assigns of us or any of us, 
 shall or will, at any time or times hereafter, sue, arrest, 
 molest, trouble, imprison, attach or condemn the said A 
 B his executors or administrators, or his or their goods, 
 and chattels, for any debt or other thing now due and ow- 
 ing to us or any of us his respective creditors aforesaid; 
 so as the said A B, i executors or administrators, do 
 well and truly pay, or cause to be paid unto us his said 
 several and respective creditors, the said sum of five 
 shillings for every pound he doth owe and standeth in- 
 debted unto us respectively, within the said time or space 
 of six months next ensuing the date hereof. In witness. 
 
36 
 
 COVE X ANTS. 
 
 Articles of Marriage. 
 
 A RTICLES of agreement of three parts indented, 
 J\_ made, &c. between A B of &c. of the first part, E 
 D of (C-c. daughter of &c. of the second part, and C D of 
 fee. and £ F of &c. of the third part, as followeth: 
 Whereas the said E D is seized to her, and to her heirs 
 in fee simple, of and in certain lands, messuages or tene- 
 ments with their appertenances, situate, lying and being, 
 cJc. And whereas a marriage is shortly intended to be 
 had and solemnized between the said A B and E D with 
 
 whom the said A B is te have and receive dollars 
 
 ID money, over and besides the lands, Sec. above mention- 
 ed, and as for her marriage portion ; it is therefore cov- 
 enanted and agreed, by aud between the said parties to 
 these presents, in manner and form following, (that is to 
 say), First, the said A B for himself, his heirs, executors 
 and administrators, doth covenant and agree to and with 
 the said C D and E F (heir heirs and assigns, that they 
 the said A B and E D his intended wife, in case the said 
 intended marriage shall be had and solemnized, by some 
 good and sufficient conveyance or conveyances in the law, 
 shall settle and assure all those lands, messuages or ten- 
 ements, with the appertenances whereof she the said E 
 D is seized as aforesaid, on and to the said C D and E Fto 
 the use arftl behoof of the said A B and his assigns, dur- 
 ing the term of his natural life: and from aud after the 
 decease of the said AB then to the use and behoof of Ihe 
 said E D his said intended w ife, for and during the term 
 of her natural life ; and from and after her decease, then 
 to the use and behoof of the heirs of the body of the said 
 E D by the said A B lawfully to be begotten, and for the 
 default of such issue, then to the use and behoof of the 
 said E D, her heirs and assigns forever, aud to and for no 
 other use, intent or purpose whatsoever. 
 
 And whereas the said E D is also possessed of, or in- 
 terested in, for the remainder of a term of years, 
 
 (if she shall so long live) all that messuage or tenement, 
 with the appertenances, situated, Sec by virtue of a cer- 
 tain indenture of lease thereof granted to the said E D 
 by L itf of &c. Now the said A B for himself, his heirs, 
 executors and administrators, doth further covenant, 
 grant and agree to and with the said C D and E F their 
 
COVENANTS. 
 
 31 
 
 heirs and assigns, that they the said A B and E D his said 
 intended wife (in case the said marriage shall take ef- 
 fect) shall and will, by like good and sufficient conveyances 
 in the law, settle and assure the said messuage or tene- 
 ment, with the appertenances, in such manner, as that 
 the same may be held and enjojed, and the rents and pro- 
 fits thereof may be had, received and taken by the said A 
 B and his assigns, during so many years of the said 
 term, as she shall happen to live ; and from and after his 
 decease then by the said E D his said intended wife, and 
 her assigns, for and during so many years of the said 
 term as she shall happen to live; and from and after her 
 decease, then by such children of the said E D by the 
 said A B to be begotten, in such a manner as it may not 
 be in the power of the said A B to defeat such their is- 
 sue ; and for default of such issue, then by the executors, 
 administrators or assigns of the said E D and upon no 
 other trust, and to and for no other use, intent or purpose 
 whatsoever. 
 
 And forasmuch as the said A B is not at present seiz- 
 ed or possessed of any estate sufficient to make a joint- 
 ure for the said E D his intended wife, equivalent to her 
 fortune, the said A B doth for himself, his heirs, execu- 
 tors and administrators, covenant, grant and agree, to and 
 with the said C O and E F their heirs and assigns, that 
 in ease the said intended marriage, shall take effect, and 
 he t he said A B shall happen to die in the life time of the 
 said E D that then he the said A B shall and will, by his 
 last will and testament in writing, or otherwise, give and 
 assure unto the said E D the sum of — dollars, of law- 
 ful money of the United States, or the full value thereof 
 in lands, tenements, goods or chattels, to be at her own 
 proper disposal, and to be by her received, and taken to 
 her own proper use and benefit. In witness, &ic. 
 
 Separation between a Man and his Wife. 
 
 ri^HIS Indenture of three parts, mae'e between G 
 
 JL G of of the first part, A his wife, of the se> 
 
 com! part, and B (a trustee) of the third part. [Where, 
 as, &c. {here insert recital of the settlement before mar- 
 rage if any such marriage settlement there be) and] where- 
 
38 
 
 COVENANTS. 
 
 as some unhappy differences have lately arisen between 
 the said G G and the said A his wife, and they have mu- 
 tually agreed to live separate and apart from each other; 
 and previous to such separation, he the said G G hath 
 consented thereto, and also proposed and agreed that he 
 out of his own proper monies, would allow and pay to the 
 said A his wife, during the term of her natural life, for 
 her better support and maintenance (over and above the 
 provision made and settled upon her the said A for her 
 separate use by the above recited indenture, one annuity 
 or yearly sum of $100 clear of all taxes, charges, and de- 
 ductions whatsoever, payable to her in such manner as 
 herein after is mentioned,) subject nevertheless to the 
 provision herein after contained, touching the payment 
 of the said annuity) And also, that in case the said A his 
 wife should die before him the said G G, that then the 
 said G G should pay to her executors the sum of ten 
 dollars towards her funeral charges; and that the said G 
 G would hereby ratify and confirm the herein before re- 
 cited settlement in such manner, as hereafter is men- 
 tioned : Noiv this indenture witncssetlh, that the said G G 
 in pursuance of his aforesaid proposal and agreement, doth 
 hereby for himself, his executors, administrators, and 
 for every of them, covenant, promise and agree, to and 
 with the Rajd B (the trustee) his executors, administra- 
 tors and assigns ; and doth also agree with the said A 
 his wife, in manner and form following (that is to say) that 
 it shall and may be lawful to and for the said A his wife, 
 and that he the said G G shall and will permit and suffer 
 her the said A from time to time, and at all times from 
 henceforth, during her natural life, to live separate and 
 apart from him, and to reside, and be in such place and 
 places, and in su«h family andfamilies, and with such rela» 
 tions, friends and other persons, and to follow and carry 
 on such trade and business, as she the said A from time 
 to time at her will and pleasure (notwithstanding her pres- 
 ent coverture, and as if she were a feme sole and unmar- 
 ried) shall think fit ; and that he the said G G shall not, 
 nor will at any time or times hereafter sue her the said A 
 
 in the court, or any other court, for living separate 
 
 and apart from him or compel her to cohabit with him, 
 or to sue, molest, disturb or trouble her for such living 
 separate and apart fro« him, or any other person or per- 
 
COVENANTS. 
 
 sons whomsoever, for receiving, harbouring or entertain- 
 ing her ; nor shall or will without the consent of the said 
 A visit her, or knowingly come into any house or place 
 where she shall or may dwell, reside or be: ©r send or 
 cause to be sent any letter or message to her ; nor shall 
 or will at any time hereafter claim or demand any of the 
 monies, rings, jewels, plate, clothes, linen, woollen* 
 household goods or stock in trade, which she the said A 
 now hath in her custody, power or possession, or which 
 she shall or may at any time hereafter, buy or purchase, 
 or which shall be devised or given to her, or shall other- 
 wise acquire and that she shall and may enjoy and abso- 
 lutely dispose of the same, as if she were a feme sole and 
 unmarried. And further that he the said G G, his exec- 
 utors or administrators, or some or one of them, shall and 
 will well and truly pay, or cause to be paid unto the said 
 A his wife, or her assigns, during the term of her natural 
 life, for and towards her better support and maintenance, 
 
 one annuity or yearly sum of of lawful money ot* 
 
 — free and clear of all taxes, charges and deductions 
 
 whatsoever; the said annuity or yearly sum of to be 
 
 paid and payable to her the said A and her assigns, during 
 
 her natural life, at or upon or within ten days next 
 
 after each of the said days, by four equal parts ; the 
 
 first quarterly payment thereof to begin and be made on 
 
 next, or within — days then next following. In 
 
 consideration of which said $100 per ann. so hereby made 
 payable to her the said A in manner as aforesaid, and of 
 the provision so made for her by the said recited inden- 
 ture of settlement in manner as aforesaid, she the said 
 A doth hereby agree to accept and take in full satisfac- 
 tion for her support and maintenance, and all alimony 
 whatsoever during her coverture. Provided always, and 
 it is hereby expressly agreed and declared, by and be- 
 tween all the parties hereunto, aud the true intent and 
 meaning of them and these presents is and are, that in 
 case he the said G G, his executors or administrators, 
 shall at any time hereafter be obliged to, and shall actu- 
 ally pay any debt or debts which she the A his wife 
 shall at any time hereafter during her present coverture, 
 contract with any person or persons whatsoever, that then 
 and. in such case, it shall and may be lawful to and for the 
 said G G, his executors and administrators, to deduct, re.. 
 
40 
 
 COVENANTS. 
 
 tain and reimburse to him and themselves out of the said 
 annuity or yearly sum of $ 1 00 so hereby made payable 
 to her the said A as aforesaid, all and every such sum and 
 sums of money, as he or they shall be obliged to, and shall 
 so actually pay for or on account of such debt or debts to 
 be by her the said A at any time hereafter so contracted 
 as aforesaid, together with all costs, charges and damages 
 which he or they shall or may pay or sustain on accouut 
 thereof: any thing herein contained, &c. Andlastly, the 
 said G G (in pursuance and full performance of his said 
 recited agreement, and divers other good and valuable 
 causes and considerations him thereunto especially mov- 
 ing) hath and by these presents doth absolutely establish, 
 ratify and confirm as well the said herein before recited 
 indenture of assignment and settlement made of the said 
 personal estate of the said A his wife, and of the said $ 100 
 and gold watch by the said G G and A his wife, so there- 
 by respectively assigned to them the said G T and J B 
 (the trustees) as aforesaid ; and all and every the several 
 trusts, uses, declarations, conditions and agreements in 
 the same indenture mentioned, limited, expressed and, 
 declared of and concerning the same respectively. In wit- 
 ness, &c. 
 
 Deed of Covenant to indemnify a master from 
 
 all costs, £fc. that may accrue by his ctj?- 
 <pr entice 9 s leaving himby consent. 
 
 YJf THERE AS A B son of C B of in and by certain 
 
 fy indentures of apprenticeship, bearing date, &c. 
 
 did put himself apprentice to I L of for the term of 
 
 — years, which was to commence from &c. then last 
 past as in and by the said in part recited indentures, rela- 
 tion being thereto had may more at large appear— and 
 whereas the said A B with the consent of said C B 
 his father, is desirous to leave the service of the said I 
 L and the said I L is consenting thereto : Now these 
 presents witness that the said C B for himself, bis 
 heirs Sec. doth covenant, promise and agree to and with 
 the said I L, his executors, &c. that he the said CB his 
 fcc. or some of them, shall and will from time tq time and 
 
APPRENTICES. 
 
 41 
 
 at all times hereafter, save harmless and keep indemnifi 
 ed the said I L his executors, &c. his and their goods and 
 chattels, lands and tenements from and against ail, every 
 and any the covenants and agreements in the said recited 
 indenture of apprenticeship contained, on the part and 
 behalf of the said I L to be done and performed ; and also 
 of, from and against all and all manner of costs, charges, 
 damages and expenses, which he the said 1 L his execu- 
 tors, administrators, or assigns, or any of them, shall or 
 may at any time hereafter any ways bear, sustain, or be 
 put unto, for or by reason or means or on account of the 
 said indenture of apprenticeship, or of the said A B's 
 leaving or departing from the service of the said 1 L. In 
 witness, &c. 
 
 APPRENTICES. 
 
 PRACTICAL REMARKS. 
 
 1 . As to the Binding. 
 
 An apprentice is a person, who by contract, is to be 
 taught a trade. 
 
 An infant may bind himself for any time until his age 
 of 21 ; but it must be by instrument sealed, expiessing 
 the consent of his parent or guardian, and executed by 
 the parent, and the infant. 
 
 In case, however, the infant has no parent living, norany 
 guardian, the approbation of the overseers of the poor of 
 the town, or two justices, or a judge of the common 
 pleas of the county, where he resides, is sufficient ; this 
 approbation must be indorsed on the indenture. 
 
 The age of the apprentice must be inserted in the in- 
 denture, as must the money given with him. 
 
 Overseers of the poor, with the consent of two justices, 
 residing in or near the town, may bind out infant paupers, 
 or the children of paupers or beggars; males to the ago 
 of 21, and females to 18. 
 
 Such indentures must contain a covenant by the m<s- 
 (er, to teach the infant to read and write, and to give him 
 D2 
 
42 
 
 APPRENTICES, 
 
 a new bible, at the end of his time. The age of the ap- 
 prentice must be inserted from the best information to be 
 had. 
 
 2. As to complaints against the apprentice. 
 
 If an apprentice refuse to serve, according to the terms 
 Of his indenture, the master may complain to a magistrate, 
 who is to send for the apprentice by warrant or other- 
 wise : and if he continues refractory, he is to be commit- 
 ted to gaol until he will serve. 
 
 And if an apprentice, with whom money was not given* 
 absents himself, he may be compelled, whenever found, 
 at any time within three years after the expiration of his 
 term, to serve double the time he was absent, unless he 
 makes satisfaction for the loss. 
 
 If an apprentice is guilty of any misdemeanor, miscar- 
 riage, or ill behaviour, or does not perform his duty, the 
 muster may apply to a magistrate of the county ; who 
 shall take such order, as the equity of the case may re- 
 quire. If the magistrate cannot compound or agree the 
 matter, he is to recognise the master to the next court of 
 sessions ; who may punish the apprentice by fine or im- 
 prisonment, or both. 
 
 Or the master may apply to three justices, if the ap- 
 prentice is guilty of any misdemeanor, or miscarriage, or 
 ill-behaviour, and they may discharge the apprentice, oc 
 punish him by imprisonment, not exceeding a month. 
 
 3. As to tomplaints against the Master. 
 
 On the other hand, if the master is " guilty of any mis- 
 usage, refusal of necessary provisions* or clothing, cruel- 
 ty, or other ill-treatment" of the apprentice, he may apply 
 to a magistrate for relief; and if he cannot compound or 
 agree the matter, he is to recognise the master, to the 
 next court of sessions, who may discharge the apprentice, 
 and order any part of the money received with him to be 
 refunded. 
 
 Or the apprentice in case no money was paid on his 
 binding, may apply to three justices, who may, in their 
 discretion, discharge him. 
 
APPRENTICES. d$ 
 •In Indenture of Apprenticeship. 
 
 IHIS Indenture made the day of witness' 
 
 eth, that A B son of J B aged years, 
 
 months and days, by and with the consent of the said 
 
 J B his father, and of his own free will, hath placed and 
 
 bound himself apprentice to C D of blacksmith, 
 
 which trade the said C D now useth, and with him as an 
 apprentice to dwell, continue and serve, from the day of 
 
 the date hereof unto the full end and term of years. 
 
 (or until the said A B shall have attainetThis full age of 
 
 21 years, which will be on the day of — — in the 
 
 year :) during all which term, the said apprentice 
 
 his said master well and faithfully shall serve, his secrets 
 keep, his lawful commands gladlj' do and obey ; hurt to- 
 *his said master he shall not do, nor wilfully suffer it to be 
 done by others, but of the same to the utmost of his pow- 
 er, shall forthwith give notice to his said master ; the 
 goods of his said master he shall not embezzle or waste, 
 nor them tend, without his consent to any : at cards, 
 dice, or any other unlawful games he shall not play : tav- 
 erns, ale-houses, or tipling houses, he shall not frctpient ; 
 fornication he shall not commit ; matrimony he shall not 
 contract ; from the service of his said master he shall not 
 at any time depart, or absent himself without his said mas- 
 ter's leave ; but in all things as a good and faithful appren- 
 tice, shall and w ill demean and behave himself towards his 
 *aid master during the said term 
 
 And the said master (having received the sum of 
 
 with his said apprentice) in the said trade of a blacksmith; 
 which he now useth with all things thereunto belonging, 
 3hall and will teach and instruct, or cause to be well and 
 sufficiently taught and instructed, after the best way and 
 manner he can ; and shall and will also find and allow un- 
 to his said apprentice, meat, drink, washing, lodging, (and 
 apparel both linen and woollen) and all other necessaries, 
 fit and convenient for sueh apprentice, during the term 
 aforesaid : (and shall also cause the said apprentice w ithin 
 such term, to be instructed to read and w rite, and to cypher 
 as far as the rule of three direct inclusive, and at the end 
 of the said term, shall give to the said apprentice a new 
 fcible.) In witness, £c. 
 
APPRENTICES. 
 
 N. B. If it is deemed desirable to bind the father to an- 
 swer in damages for the defaults of the apprentice, then 
 add at the close of the Indenture this clause — 
 
 And for the true and faithful performance and observance 
 by the s.iid apprentice, of the matters and things by him to 
 be performed and observed as aforesaid, the said J B, the 
 father of the said apprentice, doth hereby bind himself to 
 the said C !), covenanting with the said C D, that the ap- 
 prentice shall in all things well and truly keep and observe 
 this his Indenture. 
 
 Indenture by the Overseers of the Poor. 
 
 PJMHIS Indenture made the day of in the 
 
 J[ year — between A B and C 1), overseers of the 
 
 poor of the tow n of P in the county of D of the one part, 
 and E F of the said town, shoemaker, of the other part, 
 witnesseth that the said overseers of the poor, by and 
 with the consent of G H and J K, Justices of the peace 
 for said county, residing in (or near) the town aforesaid, 
 have put, placed and bound, and by these presents do put, 
 place and bind L M, aged — • who is now chargeable to 
 the said town (or whose parents are now chargeable to 
 the said town, or who does beg for alms, as the case 
 may be) to be an apprentice with him the said E F, and 
 as an apprentice with him the said E F to dwell, from 
 the date of these presents until the said L M shall come 
 
 to the age of years according to the statutes in 
 
 such case made and provided. By and during all which 
 time and term the said L M shall the said E F, his 
 said master well and faithfully serve, in all such lawful 
 business as the said L M shall be put unto by the com- 
 mand of his said master, according to the power, art and 
 ability of him the said L M, and honestly and obedient- 
 ly in all things shall behave himself towards his said 
 master, and honestly and orderly towards the rest of the 
 family of the said E F. And the said E F for his part, 
 tor himself, his executors and administrators, doth hereby 
 promise and covenant, to and with the said overseers of 
 the poor, their executors and administrators, and their 
 successors for the time being, and to and with the said 
 L M, that he the said £ F shall, the said L M, in the 
 
ASSIGNMENTS. 
 
 45 
 
 craft, mystery and occupation of a shoemaker, which he 
 the said E F now useth, after the best manner that he can 
 or may, teach, instruct and inform, or cause to be taught, 
 instructed and informed, as much as thereunto belongeth 
 or appertaineth ; and that the said E F shall also find and 
 allow unto the said apprentice, sufficient meat, drink, 
 washing, and lodging and apparel, for working and holy- 
 days, and all other things needful or meet for an appren- 
 tice, during the term aforesaid, and also shall during the 
 said term, instruct the said apprentice or cause him to be 
 iustructed, to read and write (and to cypher as far as the 
 rule of three direct inclusive) and at the end of the said 
 term, shall and will allow and deliver unto the said ap- 
 prentice, one good new suit of holy-day clothes, of the 
 
 value of at least and two good suits for every day 
 
 wear, and one new bible. And the said E F, for himself, 
 \m executors and administrators, doth further covenant 
 to and with the said overseers of the poor, and their suc- 
 cessors for the time being, that during the continuance of 
 the apprenticeship aforesaid, he and they will so prov ide 
 for the said apprentice, that he shall not in any way or. 
 planner be a charge to the said town of P or the inhabit- 
 ants thereof. In witness, &c. 
 
 The assent of the Justices. 
 We G H and J K two of the Justices of the peace for the 
 county of D, dwelling in (or near) the town of P, do here- 
 by declare our assent to the binding L M, apprentice to 
 B F, according to the form and effect of the above written 
 Indenture. Given under our hands the day of, etc. 
 
 ASSIGNMENTS. 
 Jin Assignment of a Bond. 
 
 JHEREAS A Bof — — in and by one bond or oh- 
 
 f ligation, bearing date became bound to C D 
 
 of in tIle penal sum of $500 conditioned for the pay- 
 ment of $250 and interest at a day since past, as by the 
 said bond and condition thereof may appear. And where- 
 as there now remains due to the said C D for principal, 
 
46 ASSIGNMENTS. 
 
 and interest on the said bond the sum of $275. Now 
 know all men by these presents, that the said C D for and 
 in consideration of the s»id sum of — — to him in hand 
 
 paid by E F of the receipt whereof the said C D doth 
 
 hereby acknowledge ; he the said C 1) hath assigned and 
 set over, and by these presents doth assign and set over 
 unto the said E F the said recited bond or obligation, and 
 the monies thereupon due and owing : And all his right 
 and interest of, in and to the same. And the said C D, for 
 the considerations aforesaid, hath made, ordained, consti- 
 tuted and appointed, and by these presents doth make, &c. 
 the said E F, his executors and administrators, his true and 
 lawful attorney, and attorneys, irrevocable, for him and in 
 his name, and in the name and names of his executors and 
 administrators, but for the sole and proper use and benefit 
 of the said E F, his executors, administrators and assigns, 
 to ask, require, demand and receive of the said A B, his 
 heirs, executors and administrators, the money due on the 
 said bond : and on non-payment thereof, to sue for, recov- 
 er and receive the same. And on payment thereof, to de- 
 liver up and cancel the said bond, and give sufficient re- 
 leases and discharges thereof. And one or more attorney 
 or attornies under him to constitute ; and whatsoever the 
 said E F, or his attorney or attornies shall lawfully do in 
 the premises, the said C D doth hereby allow and confirm. 
 And the said C D, doth covenant with the said E F, that 
 he the said C D hath not received, nor will receive the said 
 monies due on the said bond, nor any part thereof, neither 
 shall or will release or discharge the same, or any part 
 thereof, but will own and allow of all lawful proceedings 
 tor recovery thereof, he the said E F, saving the said C D 
 harmless of and from any costs that may happen to him 
 thereby. In witness, &c. 
 
 The like by Indorsement. 
 
 KNOW all men by these presents, that I, the within 
 named A B in consideration of to me in hand 
 
 paid by C D, the receipt whereof 1 do hereby acknowl- 
 edge, have bargained, sold and assigned, and by these pres- 
 ents do bargain, sell, and assign, to the said C P, his exec- 
 utors, administrators and assigns, the within written obli- 
 
ASSIGNMENTS. 
 
 47 
 
 ition and condition, and all sum and sums of money 
 le and to grow due on the same. And I do covenant 
 ith the said C D, that there is now due on the said obli- 
 ition, according to the condition thereof for principal and 
 terest, the sum of — . And I do authorize the said 
 D in my name, to demand, sue for, recover, receive and 
 ijoy the monies due and to be due as aforesaid. 
 In witness, &c. 
 
 An Assignment of a Judgment Recovered. 
 
 rHIS Indenture, made between AB of of 
 the one part, and C D of of the other part ; 
 
 hereas the said A B did in April term, in the year of 
 ir Lord 1300, recover by judgment in the supreme court 
 ; the state of New York, against E F of — the sum of 
 
 — debt, and for damages, as by the record there- 
 
 now remaining in the said court, may appear, Now 
 is indenture witnesseth, that for and in consideration 
 
 the sum of dollars of lawful money of New York, 
 
 i him the said A B in hand well and truly paid by the said 
 D, at or before (he sealing and delivery of these pres- 
 its, the receipt whereof is hereby acknowledged, he the 
 tid A B hath granted, bargained, sold, assigned, trans- 
 rred and set over unto the said € D, hie executors, ad- 
 inistrators and assigns, the said judgment so recovered as 
 bresaid, against the said E F and all the benefit and ad- 
 antage, sum and sums of money, that may be had, obtain- 
 \ or gotten, by reason or means of the said judgment, or 
 ny proceedings to be had thereupon. [Here insert a pow- 
 • to collect as before.] 
 
 An Assignment of a Lease by an Executor. 
 
 1'HXS Indenture, made between EF of ex- 
 
 ecutor of the last will and testament of G H late of 
 
 deceased, of the one part, and J K of ~ of the 
 
 ther part. Whereas in and by one indenture of lease, 
 
 paring date « and made or mentioned to be made be- 
 
 veen Q T of of the one part, and the said G H, by 
 
 ie name of G H of (as in the lease) of the other part, 
 
 e the said Q T for the considerations therein mentioned 
 
45 ASSIGNMENTS. 
 
 did grant, lease, set and to farm let [Write tliese words as 
 you find them penned in the lease.'] all that Messuage, &c. 
 
 situate [Here again pursue the words of the lease.] 
 
 To hold unto the said G H, his executors, administrators 
 
 and assigns, from for and during the whole term of 
 
 years from thence next ensuing, and fully to be com- 
 plete and ended, at and under the yearly rent of . 
 
 payable [as you find in the lease.] as in and by the 
 
 said in part recited indenture of lease relation being there- 
 unto had may more fully appear : Now this indenture wit- 
 nessed, That the said E F for and in consideration of the 
 
 sum of — of lawful money of < to him in hand paid 
 
 by the said J K, at or before the sealing and delivery of 
 these presents, the receipt whereof is hereby acknowl- 
 edged, hath granted, bargained, sold, assigned, transferred, 
 and sel over, and by these presents doth grant, bargain, 
 sell, assign, transfer and set over, unto the said J K, his 
 executors, administrators and assigns, all the said mes- 
 suage or tenement and premises above mentioned to be 
 demised and leased to the said G H in and by the said 
 in part recited indenture of lease as aforesaid, and every 
 part and parcel thereof, with the appertenances, and 
 also all the estate, right, title, interest, term of years 
 yet to come and unexpired, property, claim and demand 
 whatsoever, of him the said E F, executor as aforesaid, 
 of, in and to the same, or ©f, in or to any part or parcel 
 thereof, together with the said in part recited indenture 
 of lease itself : To have and to hold the said messuage 
 or tenement and premises above mentioned, and here- 
 by granted and assigned, and every part and parcel there- 
 of, with the appertenances unto the said J K, his ex- 
 ecutors, administrators and assigns, for and during all 
 the rest, residue and remainder yet to come and unex- 
 pired, of the said term of years, in and by the 
 
 said in part recited indenture of lease granted, in as full, 
 large and ample a manner, to all intents and purposes, 
 as he the said E F, his executors, administrators or as- 
 signs, might, should, or ought to have held and enjoyed 
 the same, by virtue of the said in part recited indenture 
 of lease, or his being executor as aforesaid, or by any 
 other ways or means whatsoever : And the said E F for 
 himself, his heirs, executors and administrators, doth 
 covenant, promise, grant and agree, to and with the said 
 
ASSIGNMENTS. 
 
 J K, his heirs and assigns, and every of them by these 
 presents, that he the said E F now hath in himself good 
 right, full power and lawful authority to grant and as- 
 sign the said messuage or tenement and premises, and 
 every part and parcel thereof, with the appertenances, 
 unto" the said J K, his executors, administrators and as- 
 signs, in manner aforesaid : And also that he the said J- 
 K, his executors, administrators and assigns, paying the 
 rent, and performing the covenants, provisoes, conditions 
 and agreements in and by the said in part recited inden- 
 ture of lease reserved, mentioned and contained, shall 
 and may from time to time, and at all times hereafter, 
 for and during all the rest, residue and remainder, yet to 
 come and unexpired, of the said term of herein be- 
 fore granted and assigned, as aforesaid, peaceably and 
 quietly have, hold, occupy, possess and enjoy the said 
 messuage or tenement and premises hereby granted and 
 assigned, and every part and parcel thereof with the ap- 
 pertenances, without the let, suit, trouble, molestation, 
 interruption, eviction, or disturbance of him the said E 
 F, his executors, administrators or assigns, or any other 
 person or persons law fully claiming, or to claim the said 
 premises, or any part thereof, b} r , from or under him, 
 them or any of them, or by his or their means or pro- 
 curement : And further, that he the said E F, his exec- 
 utors, administrators and assigns, and all and every other 
 person and persons having, or lawfully claiming any es- 
 tate, right, title or interest in the said hereby granted and 
 assigned premises, or any part thereof, shall and will from 
 time to time, and at all times hereafter, upon the request, 
 and at the proper costs and charges in the law of the said 
 J K, his executors, administrators or assigns, make, do 
 and execute, or cause to be made, done and executed, all 
 and every such further and other lawful and reasonable 
 act and acts, thing and things, assurance and assurances 
 in the law whatsoever, for the further, better and more 
 perfect granting, assigning and assuring of the said prem- 
 ises above mentioned, with the appertenances, unto the 
 said J K, his executors, administrators and assigns, for 
 and during all the rest, residue and remainder, yet to 
 
 come and unexpired, of the said term of hereby 
 
 granted and assigned as aforesaid, as by the said J K, his 
 
bo 
 
 ASSIGNMENTS. 
 
 executors, administrators or assigns, or his or their coun- 
 sel learned in the law, shall be reasonably advised, de- 
 vised and required. In witness, &c. 
 
 An Assignment of a Lease by way of Indorse- 
 ment. 
 
 KNOW all men by these presents, thai I, A B, in con- 
 sideration of to me in hand paid by C D the re- 
 ceipt whereof I do hereby acknowledge, have bargained, 
 sold, assigned and set over, and by these presents do bar- 
 gain, sell, assign and set over unto the said C ty, his ex- 
 ecutors, administrators and assigns, (or if a durable lease, 
 say, his heirs and assigns) as well the within written in- 
 denture as also all the term and interest in all and singu- 
 lar the lands, tenements, hereditaments and premises 
 within mentioned, yet remaining under and by virtue of 
 the said Indenture, and likewise all my estate, right, title, 
 interest, claim, property antf demand of, in, or to the 
 same lands, tenements, hereditaments and premises, 
 which I now have, either by means of the within indenture 
 or otherwise howsoever ; subject nevertheless, to the 
 rents and covenants in the said Indenture contained. In 
 witness, &c. 
 
 Assignment of a Mortgage. 
 
 'O all people to whom these presents shall come. I, 
 C D of ■ &c. send greeting. 
 
 Whereas A B of on the day of by his 
 
 deed of mortgage of that date, for the consideration of 
 
 j did grant, bargain, sell and convey unto me the said 
 
 C D, my heirs and assigns, (here recite the premises) 
 To have and to hold the same to me the said C D, ,my 
 heirs and assigns forever, upon the conditions hereafter 
 mentioned, viz. That he the said A B should pay, &c. 
 {here insert the conditions.) And whereas I have agreed 
 
 to assign the said mortgage to W S of . Therefore 
 
 know ye, That I the said C D in consideration of the 
 sum of to me in hand paid before the ensealing here- 
 of, by the said W S do by these presents, grant, bargain, 
 
ASSIGNMENTS. 
 
 51 
 
 sell, transfer, assign and make over unto the said W S, 
 his heirs and assigns forever the said {premises.) To have 
 and to hold the same to him the said W S, his heirs and 
 assigns forever, as fully and in as ample a manner as I the 
 said C D, my heirs or assigns might hold and enjoy the 
 same by virtue of the mortgage deed aforesaid, and not 
 otherwise. And I do for myself, my heirs, executors and 
 administrators, hereby authorise and empower the said 
 W S, his heirs, executors and administrators, to receive 
 to his and their own use the sum or sums mentioned in 
 the condition of said deed, whenever the same shall he 
 tendered or paid to him or them by the said A B, his 
 heirs, executors or administrators, agreeably thereto, and 
 to discharge the said mortgage, or to take and pursue 
 such other steps and means for recovery of the said sum 
 or sums, with the interest, by sale of the said mortgaged 
 premises or otherwise, as by law is provided, as fully to 
 all intents and purposes as I the said C D, my heirs, ex- 
 ecutors or administrators, might or could do iu the 
 premises. And 1 do for myself , my heirs, executors and 
 administrators covenant with the said W S, his heirs and 
 assigns, that I have good right to assign the said (prem- 
 ises) as aforesaid, and that he the said W S shall and may 
 have, hold, occupy, possess and enjoy the same (subject 
 however to the right of redemption as by law in such cases 
 is provided) against the lawful claim of all persons. In 
 rvitness, &c. 
 
 Assignment of a Man's whole estate, in con- 
 sideration of several debts and engagements. 
 
 TO all to whom these presents shall come, I, A Bof 
 send greeting. Whereas 1 am indebted uut* 
 
 C D of in the sum of- of lawful money of 
 
 and the said C Dand one E F of stand jointly and 
 
 severally engaged for me the said A B in several bond* 
 or obligations for several sums of money : Now know ye f 
 That I the said A B for and towards the payment and sat- 
 isfaction of the said monies, and for divers other good 
 causes and considerations me thereunto moving, 
 granted, assigned, bargained and sold, and by these pres- 
 ents do freely and absolutely grant, assign, bargain and 
 
to 
 
 ASSIGNMENTS. 
 
 sell unto the said C D and E F all and all manner of 
 goods, chattels, debts, monies and all other things of me 
 the said A B whatsoever, as well real as personal, of 
 what kind, nature or quality soever ; To have and to hold 
 the same, and every part and parcel thereof, unto them 
 the said C D and E F, their executors, administrators 
 and assigns forever. In witness, &c. 
 
 Assignment of a Lease, to indemnify the As- 
 signee on account of his becoming bound with 
 and for the proper debt of the Assignor. 
 
 THIS INDENTURE made &c. between A of &c. 
 of the one part, and B, of &c. of the other part. 
 Whereas C of &c. by his indenture of lease bearing date, 
 8cc. for the consideration therein mentioned, Did demise, 
 &c. unto the said A, his, &c. All that, <tc. to hold the 
 said premises unto the said A his executors, &c. for and 
 
 during the term of years, to commence from the 
 
 ■ — day of intheyear at and under the yearly 
 
 rent of payable in manner as therein mentioned : 
 
 And whereas the said B together with the said A, and 
 at the special instance and request, and for, and on behalf 
 of the said A, and as and for his own proper debt, by their 
 bond or obligation, bearing date the — — are bound unto 
 D of, &c. in the penal sum of — with condition there- 
 under written, that if they the said A and B, or either of 
 them, their, or either of their heirs,execuiors or adminis- 
 trators, shall and do well and truly pay unto the said D, 
 his certain attorney, &c. the full sum of dollars, to- 
 gether with lawful interest for the same, on the day 
 
 of ■ in the year — — then the said obligation to be 
 void, otherwise, &c. as by the said bond may appear ; 
 Now this indenture witnesseth, that for the indem- 
 nifying and saving harmless the said B, his heirs, execu- 
 tors and administrators in the premises, and for and in 
 consideration of the sum of one dollar to the said A by 
 the said B now paid, &c. he the said A hath bargained, 
 sold, assigned, transferred and set over, and by these 
 presents, &c. unto the said B as well the said recited 
 indenture oflease, as also the said premises, #q. and all 
 
ASSIGNMENTS. 
 
 ihe estate, &c. to have, &c. the said recited indenture 
 of lease, land and premises, &c. and all and singular, oth- 
 er the premises hereby assigned, or mentioned or intend- 
 ed so to be, with their and every of their appertenances, 
 unto the said B, his executors, &c. from henceforth, for 
 and during all the rest and residue of the said term of 
 — years, by the said recited indenture of lease grant-, 
 ed, which is now to come and unexpired. Subject, never- 
 theless, to the several rents, covenants, conditions and 
 agreements in the said recited indenture of lease reserv- 
 ed and contained, and also subject to the proviso here- 
 inafter contained, viz. Provided always, and these pres- 
 ents are upon this condition, and it is hereby agreed and 
 declared by and between the parties hereto, and their true 
 intent and meaning is, that in case the said A, his heirs,, 
 &c. shall and do well and truly pay or cause to be paid 
 
 unto the said I), his executors, Sec. the said sum of 
 
 dollars and the interest thereof, on the day, and in man- 
 ner, and according to the condition of the said recited 
 bond and in full discharge thereof; and also in case the 
 said A, his heirs, &c. shall and do, in the mean time, and 
 at all times hereafter, well and sufficiently save, defend, 
 keep harmless and indemnify the said B, his heirs, &c. 
 and his, their, and every of their real and personal es- 
 tate, of, from and against all, and all manner of actions, 
 suits, costs, charges, expenses and damages whatsoever, 
 both at law and in equity, which shall or may at any 
 time arise, fall or happen to him, them, any or either 
 of them, for, by reason, means, or on account of his the 
 said B's entering into, or being surety with, or bound 
 with the said A in the said bond as aforesaid : then and 
 from thenceforth the assignment hereby made of the said 
 premises, and every covenant, matter and thing herein 
 contained, shall he void and of no effect, any thing, &c. 
 And the said A, for himself, Arc. doth hereby covenant 
 to and with the said B, his, &c. in manuer, &c. that he 
 the said A, his, &c. shall and will well and truly pay unto 
 
 the said D, his, &«. the said sum of and the interest 
 
 thereof, according to the true intent and meaning of the 
 condition, and in discharge of the said bond ; and that he 
 the said A, his &c. shall and will at alt times, well and 
 sufficiently save, keep harmless and indemnified, the said 
 B, his,&c. of and from pavraeat of the game ia manner jrs 
 B 2 
 
54 
 
 ASSIGNMENTS. 
 
 aforesaid ; and further, that he the said A, his, &c. at any 
 time immediately after default by him or them made irr 
 
 the payment of the said sum of and the interest therof* 
 
 or any part thereof, to the said D, his, &c shall and will 
 upon reasonable request, &c. make, &c. (Farther assur- 
 ance) and lastly it is hereby mutually agreed and de- 
 clared by and between the said parties, that until such 
 time as a breach or failure shall be made in the perform- 
 ance of the above written proviso, it shall and may be law- 
 ful to and for the said A, his executors, &c. peaceably and 
 quietly to have, hold, use, occupy, possess and enjoy the 
 said messuage, &c. 
 
 Mutual assignment between two Partners (up- 
 on determining the Partnership) respect- 
 ing bad debts which are divided equally, and 
 mentioned in two Schedules^ and assigned 
 to each other respectively, 
 
 THIS Indenture made,&c. Between A, &c, of the 
 one part, and B, £c. of the other part. Whereas 
 
 the said parties were lately copartners in the trade of 
 
 which partnership is determined : And Whereas sev- 
 eral debts owing to the said parties on account of their 
 late partnership are still standing out and unreceived, and 
 are by the said parties reckoned to be doubtful or des- 
 perate, which are mentioned in two schedules, hereon in- 
 dorsed: and they have agreed to divide the same in man- 
 ner as hereunder is mentioned, viz. the said A is to have 
 and receive the debts mentioned in the first schedule 
 hereon indorsed to his own use ; and the said B is to have 
 and receive the debts mentioned in the second schedule 
 hereon indorsed; Now therefore these presents wit- 
 ness, that in pursuance of the said agreement, and in 
 consideration of one dollar in hand paid, to the said A by 
 the said B he the said A doth hereby fully and absolutely 
 assign and release unto the said B, his,<£c. to his and their 
 own proper use and uses : without any account to be 
 made or given for and concerning the same, all his 
 right, title, claim, interest, part, share, benefit and demand 
 
ASSIGNMENTS. 
 
 55 
 
 whatsoever, of, in and to the several demands and sums 
 of money, due and owing to the said parties on their joint 
 account as aforesaid, mentioned in the said second sched- 
 ule hereon indorsed, by virtue of the said copartnership, 
 or otherwise howsoever. — And the said A doth hereby 
 make and appoint the said B, his, £c. (letter of piter- 
 
 ne y} receive the said debts mentioned in the said 
 
 second schedule, to his and their own use and uses, as a- 
 foresaid, from the several persons therein mentioned and 
 all others whom it may concern ; and upon receipt, &c. 
 And these presents further witness, That iu pur- 
 suance of the agreement aforesaid and in consideration 
 of one dollar to the said B in hand paid by the said A, &e. 
 (B in like ma?imr assigns to A the debts mentioned in 
 the first schedule, and impowcrs him to receive the same, 
 &c.) And each of them the said A and B, for himself, 
 his executors, &c. doth hereby covenant, &c. to and with 
 the other of them, his executors, Sec. as follows, that is to 
 say, that neither of them the said A nor B hath at any t ime 
 heretofore received, released or discharged the debt* 
 herein before assigned and released to the other of them, 
 nor any of them, nor any part thereof ; and that neither of 
 them, his executors, <£c will at any time hereafter re- 
 ceive, &c. the debts by them respectively assigned to the 
 other of them, or any part thereof or commence any action, 
 suit or process for the recovery and receiving thereof, hut 
 at the request and with the consent in writing for that pur- 
 pose, under the hand and seal of the other of them, his 
 executors, &c. and that either of them, his executors, 
 fcc. shall and will at the request and charge of the other 
 of them, his &c. do any further act for the better and 
 more perfect assigning, releasing and confirming the 
 debts herein before assigned by them respectively unto 
 the other of them, his Azc. and for the enabling him and 
 them to receive and recover the same to his and their own 
 use and uses, as aforesaid, as shall be reasonably required : 
 And lastly, that in case it shall appear that either of 
 the said parties hath received any of the debts, herein be- 
 fore assigned to the other of them, or any part thereof, 
 in such case, such of the said parties, who shall so have 
 received the same, his executors, &c. shall and will pay 
 and make good the full debts, so by him received or dis- 
 ^arged to the other of them, his executors, &c. with- 
 
d6 
 
 ASSIGNMENTS. 
 
 in one month after notice thereof, to him or thern to be 
 made or given — In witness, <frc. 
 
 Jin assignment of articles of agreement for the 
 sale of timber, and the money arising there- 
 from for the payment of debts in a Schedule. 
 
 I^HIS Indenture Tripartite made, Sec. Between 
 A B of, &c. of the first part, C 1) of £c. and E F of 
 &c. of the second part, and G H of &c. and I K of &c. 
 of the third part. Whereas by articles of agreement in- 
 dented, hearing date, &c. made, &c. between the said A 
 B of the one part, and R E of <&c. of the other part, It is 
 witnessed, that the said A Bfor the consideration therein 
 after mentioned, Did grant, &c. unto the said R E all the 
 merchantable oak timber then standing and growing in 
 &c. In consideration whereof, the said R E Did, thereby, 
 for himself, his executors, &c. agree to and with the said 
 A B, his heirs, &c. that he the saidR E, his executors, &c. 
 should and would pay unto the said A B his &c. for the said 
 timber, after the rate of per ton, &c. And it is there- 
 by mutually covenanted, Sec. by &c. that the said timber 
 shall be measured, &c. nccording to custom, c£c. And 
 also the said parties did agree, thereby for themselves, &c. 
 that the said timber should be felled, &c. (as the case may 
 be, reciting the agreement.) Now this Indenture wit- 
 nesseth, that the said A B for the further and better se- 
 curing the payment of all the debts mentioned and con- 
 tained in the schedules hereunto annexed, and for and 
 in consideration of the sum of, &c. he the said A B hath 
 bargained, sold, assigned, transferred and set over, and 
 by, &c. doth, &c. unto the said C D and E F, their &c. 
 the said recited articles of agreement made between him 
 the said A B and the said R E and all the monies hereaf- 
 ter due, payable or to be paid thereupon, and the full ben- 
 efit, profit and advantage thereof, from and after, &c. last 
 past, the payment then due being to be made to the said 
 A B to and for his own use ; To have and to hold the 
 said articles, and all the said monies due and payable or 
 to be paid thereupon, and the full benefit, profit and ad- 
 vantage thereof unto the said C D and E F, their exec- 
 utors, &e. Upon tee trusts nevertheless, and to- 
 
ASSIGNMENTS. 
 
 57 
 
 and for the uses, intents and purposes herein after men- 
 tioned, expressed and declared concerning the same : and 
 it is hereby declared and agreed, by, &c. all, &c. that the 
 said recited articles and the benefit thereof and of the mo- 
 ney thereby payable, is and are so assigned to the said C 
 D and EF upon the trusts following, that is to say, upon 
 trust that the said C D and E F, their executors &c. do 
 and shall receive and take of, and from the said R E, his 
 all such sum and sums of money, as shall become due 
 and payable by force or virtue of the said articles, and pay 
 and apply the same money in discharge of the costs and 
 charges of the trusts hereby created ; and after the pay- 
 ment of the same, then upon trust to pay and discharge 
 the principal money and interest due to the several per- 
 sons in the schedules hereunto annexed, or so far as the 
 same will extend, in such proportions, &c. And tor the 
 purposes aforesaid the said A B hath made &c. and by 
 &c. doth&c. the said C D andE F, his true and lawful at- 
 tornies irrevocable, &c. for him and in his name, or in the 
 names of the said trustees, their executors and adminis- 
 trators, to ask, &c. of and from the said R E all such 
 sums, &c. which now are or shall grow due and payable 
 to the said AB, his &c. upon or by virtue of the said re- 
 cited articles, and to take and use alt lawful ways, &c. 
 In witness, &c. 
 
 — o*o 
 
 An assignment of several bonds toa trustee for a 
 widow with consent of her intended husband, 
 that the money be at her disposal after mar- 
 riage. 
 
 P3E\Hi$ indenture tripartite made, Sec. between J D of 
 
 _& of the first part, S G of of the second 
 
 part, and W of of the third part. Whereas J T 
 
 did in and by one bond or obligation, bearing date the 
 
 become bound unto the said S G in the penal sum of $40 
 with condition to be void on the payment of $20 on the 
 ■ and also by one other obligation bearing date, &c. 
 
 (as before) : And whereas A T of did likewise by 
 
 one obligation, &c. (as before) And also by another obli- 
 gation, &c. — as by the said recited obligations, rela- 
 
58 
 
 ASSIGNMENTS. 
 
 tion being thereunto had, may more at large appear ; 
 which several principal sums of money in the several con- 
 ditions of the above recited obligations, amount in the 
 whole to the sum of two hundred dollars, and are yet due 
 and owing unto the said S G. Now this indenture witness- 
 eth, That a marriage being shortly intended to be had and 
 solemnized between the said J I) and S G in considera- 
 tion thereof, among other things it is agreed, that the saki 
 sum of $200 principal money in the condition of the said 
 recited obligations mentioned, and the interest thereof,, 
 shall be deposed in such manner as herein after is ex- 
 pressed: And in pursuance of the said agreement the said 
 S G with the consent of the said J D Hath granted and 
 assigned, and by these presents Doth grant and assign un- 
 to the said O W the several writings obligatory before 
 recited, and all and every the sum and sums of money up- 
 on them due or to become due. And the said J D and S G 
 do hereby make, ordain, constitute and appoint the said 
 O W, his executors and administrators, their true and /aw- 
 ful attorney and attornies irrevocable, for them and in their 
 name or names, for the uses, intents and purposes herein 
 after mentioned, to ask, demand and receive of and from 
 the said J T and A T and either of them, their and either 
 of their heirs, executors and administrators, the monies 
 due on the said bonds, and on non-payment thereof, to 
 sue for recover and receive the same, and on payment 
 thereof to deliver up and cancel the^said bonds, and give 
 sufficient releases and discharges for the same, and one 
 or more attorney or attornies under him to constitute ; and 
 whatsoever the said O W or his attorney, shall lawfully do 
 in the premises, the said J D and S G do hereby allow and 
 confirm. And the said J D and S G do covenant and 
 promise with the said O W, that they or either of them 
 shall not nor will receive the monies due on the said 
 bonds, or any part thereof, neither shall or will release oi* 
 discharge the same or any part thereof, nor any action, 
 suit, judgment or execution thereon, or for the same or 
 any part thereof, to be had, brought, prosecuted or ob- 
 tained, without the special licence or consent of the said 
 O W, his executors or administrators, therein or thereun- 
 to first had and obtained in writing, or the rule, order or 
 decree of some court of law or equity. And also, &c* 
 (adding a covenant for further assurance ; (vide tit* 
 
ASSIGNMENTS 
 
 19 
 
 Covenants.) Provided always, and upon this special 
 trust and confidence, and to this intent and purpose, that 
 the said O W, his executors and administrators, shall 
 pay unto the said S G so much money as the said O W 
 shall receive for the interest or proceed of the said $200 
 during so long time as the said J D and S G shall co- 
 habit together. And the said J D for himself, his heirs, 
 executors and administrators, doth hereby further cove- 
 nant and grant to and with the said O VV in manner fol- 
 lowing, (to wit) That the whole interest or proceed of 
 the said $200 which the said O W, his executors or ad- 
 ministrators shall as aforesaid from time to time and at 
 all times receive, he the said O W, his executors or ad- 
 ministrators, shall pay to the said S G as a feme sole ; And 
 the said SG is hereby authorised and empowered to re- 
 ceive and take the same, and fully to discharge the said 
 O W, his heirs, executors and administrators, and every 
 of them by her acquittance or otherwise, with or without 
 the consent of the said J D as if she were a feme sole, and 
 all the residue of the interest of the said $200 together 
 with the said principal sum, to give to such person or 
 persons as she the said S G by any writing under her 
 hand and seal, with or without her said intended husband, 
 or by her last will and testament in writing shall direct 
 or appoint; and for want of such direction and appoint- 
 ment, to the executors and administrators of the said S 
 G. Provided also, and it is agreed by and between al! the 
 said parties to these presents, that if the said O W, his 
 executors or administrators shall receive any part of the 
 said principal sum of $200 then he or they shall lend out 
 the same again at interest, to such person or persons and 
 on such security, as the said S G by writing under her 
 hand and seal, with or without the said J D shall direct ; 
 And that the said O W, his executors or administrators 
 shall not be chargeable to answer any interest or profit of 
 the said $200 or so much thereof as shall remain in his 
 or their hands unlent, in default of such direction ; And 
 also,that notwithstanding any thing before in these pres- 
 ents contained, it shall and may be lawful to and for the said 
 O W, his executors and administrators, out of any in- 
 terest-money by him or them to be received by virtue of 
 these presents, to reimburse and retain to him and them- 
 selves all such sum and sums of money, as he or they 
 
to 
 
 ARBITRATIONS AND AWARDS. 
 
 shall necessarily expend or lay out by reason of any suitor 
 suits in law touching the premises, not occasioned by any 
 breach of trust by t he said O W, his executors or ad- 
 ministrators. In witness, &c. 
 
 •in assignment of Dower. 
 
 THIS Indenture, made the &c. between R L son 
 and heir of OL late of of the one part, and 
 
 N H and J his wife, who was the widow and relict of the 
 said O L of the other part. Whereas the said O L was 
 in his life-time and at the time of his death, seized in 
 his demesne as of fee of and in divers lands and tene- 
 ments in — — in the county aforesaid, which upon the 
 decease of the said O L descended unto the said R L. 
 Noiv this indenture witnesseth, that the said R L hath en- 
 dowed and assigned, and by these presents doth endow 
 and assign unto the said N H and J his wife, the third part 
 of the said lands and tenements, to wit, All that mes- 
 suage, &c. To have and to hold unto the said N H and 
 J his wife, for and during the natural life of the said J 
 in severalty by metes and bounds, in the name of dower, 
 and in recdmpence and satisfaction of all the dower 
 which the said J ought to have of or in the said lands and 
 tenements which were of the said O L in — aforesaid. 
 In witness, &c. 
 
 OF ARBITRATIONS AND AWARDS. 
 
 The Act by which parties refer a matter in dispute 
 to the decision of a third person is called a Submission 
 — the person, an Arbitrator — and his decision, an A- 
 ward. 
 
 The Submission may be verbal, or in writing. And 
 as it is a mere authority, it may in either case be re- 
 voked ; but then notice must be given of the revocation 
 before an award. If the submission is by bond, it will 
 become forfeited by a revocation. 
 
 It is common to have several Arbitrators. When this 
 is the case, they must all join in the Award, unless 
 it is otherwise provided for in the Submission. And 
 
ARBITRATIONS AND AWARDS. 61 
 
 where there is such a provision, all must be present, ua- 
 less those who are absent had proper notice. 
 
 An Award to be good, must be according to the Sub- 
 mission. 
 
 If it embraces any matter not comprehended in the 
 Submission, it is so far void. 
 
 And it must not extend to any one who is a stranger 
 to the submission and controversy, unless for the benefit 
 of one of the parties : and then it must be of an act to be 
 done to, and not by, the stranger. 
 
 The Award ought to comprehend every thing submit- 
 ted, and not be of parcel only. — It must also be certaiu, 
 or capable of being reduced to a certainty — advantager 
 ous — mutual — and final. 
 
 And it must not be of a thing unreasonable — against 
 law — or which is physically or morally impossible to the 
 party. 
 
 Common bond of Arbitration. 
 
 KNOW all men by these presents, that I, A B of the 
 town of P in the county of I), gentleman, am held 
 
 and firmly hound to E F of the city of merchant, in 
 
 the sum of $500 of good and lawful money of the United 
 States, to be paid to the said E F, or to his certain attorney, 
 executors, administrators or assigns, for which payment 
 to be well and faithfully made, I bind myself, my heirs, 
 executors, and administrators firmly by these presents. 
 
 Sealed with my seal ; dated the 
 
 # 
 
 The condition of this obligation is such, that if the above 
 bounden A B, his heirs, executors, and administrators, on 
 his or their parts and behalf's, shall and do in all things 
 well and truly stand to, obey, abide by, perform, fulfil, and 
 keep the award, order, arbitrament, and final determina- 
 tion of M N, O P and Q R, of&c. arbitrators, indifferent- 
 ly elected and named, as well on the part and behalf of 
 the above bounden A B as of the above named E F, to ar- 
 bitrate, award, order, judge, and determine of and con- 
 cerning all and all manner of action and actions, cause 
 and causes of action, suits, bills, bonds, specialties, judg- 
 ments, executions, extents, quarrels, controversies, trea- 
 F 
 
62 ARBITRATIONS AND AWARDS. 
 
 passes, damages, and demands whatsoever, at any time 
 heretofore had, made, moved, brought, commenced, sued, 
 prosecuted, done, suffered, committed, or depending by 
 and between the said parties, so as the said award b^ made 
 in writing, under the hands of the said M N, O P, and Q 
 R, or any two of them, and ready to be delivered to the 
 said parties in difference, or such of them as shall desire 
 the same, on or before the day of — — then this ob- 
 ligation to be void, or else to remain in full force. 
 
 Condition for an award by an umpire. 
 
 THE CONDITION of this obligation is such that if 
 the above bounden J S, his heirs, executors, and ad- 
 ministrators, for and on his and their parts and behalves, 
 do in all things well and truly stand to, obey, abide, per- 
 form, fulfil, and keep the award, order, arbitrament, final 
 end and determination of E H of, &c. in the county of 
 &c. gentleman, and W A of Sec. in the said county, gen- 
 tleman, arbitrators, indifferently named, elected and cho- 
 sen, as well on the part and behalf of the above-bounden J 
 S, as of the above named R S, to arbitrate, award, judge, 
 and determine, of and concerning all and all manner of 
 action and actions, cause and causes of action, suits, bills, 
 bonds, deeds, specialties, judgments, executions, extents, 
 quarrels, controversies, trespasses, damages and demands 
 whatsoever, at any time or times heretofore had, made, 
 moved, brought commenced, sued, prosecuted, done, suf- 
 fered, committed, or depending, by or between the said 
 parties, or either of them, so as the same award be made 
 in writing, under the hands and seals of the said arbitra- 
 tors, on or before the day of next ensuing : But 
 
 if the said arbitrators do not make such their award of 
 and concerning the premises by the time aforesaid, then, 
 if the said J S his heirs, executors, and administrators, 
 for and on his and their parts and behalves, do in all 
 things well and truly stand to, obey, abide, perform, fulfil, 
 and keep the award, order, arbitrament, umpirage, final 
 end and determination of such person as the said arbitra- 
 tors shall appoint as an umpire between the said parties of 
 and concerning the premises, so as the said umpire 
 
ARBITRATIONS AND AWARDS. 63 
 
 do make his award or umpirage, of and concerning the 
 
 premises, on or before the day of next ensuing, 
 
 theu this obligation to be void, or else to remain in full 
 force : 
 
 WE the above named E H and W A do appoint, and 
 the above named J S and R S do hereby consent, that S K 
 of, £c. shall be the umpire between the said arbitrators. 
 Witness our hands this &c. 
 
 If it is intended, that the submission shall be made a rule 
 of Court, according to tlie statute, which will give a rem- 
 edy by attachment, jor a non-performance of the award, 
 and will also narrow the exceptions to the award both as to 
 time and matter, insert at the end of the condition, as fol- 
 lows — 
 
 And it is hereby agreed that this Submission shall be 
 made a rule of the Supreme Court of the State of New- 
 York (or of the Court of Common Pleas for the County 
 of Dutchess — or of the Mayor's Court of the City of 
 New-York, as the parties shall choose.) 
 
 dn award that one party shall pay money unto 
 the other, and convey land. Ml suits to cease . 
 Parties mutually to give general releases. 
 
 fl|^0 all to whom these presents shall come, A A of 
 
 1 C -C of and D D of send greeting. 
 
 fVhereas divers suits, disputes, controversies and differ- 
 ences have happened and arisen, and are now depending 
 between E E of — and F F of for pacifying, com- 
 posing and ending whereof the said E E and F F have 
 bound themselves each to the other in the penal sum of 
 
 $500 by several bonds or obligations bearing date 
 
 last past, before the date hereof, with condition thereun- 
 der written to stand to, obey, abide, perform and keep 
 the award, order, arbitrament, final end and determina- 
 tion of the said A A, C C and D D arbitrators indiffer- 
 ently named, elected and chosen as well on the part and 
 behalf of the said E E as of the said F F to arbitrate, 
 award, judge and determine of and concerning all and all 
 manner of action and actions, cause and causes of actions, 
 suits, bills ; bonds, judgments, executions, quarrels, con- 
 
64 ARBITRATIONS AND AWARDS. 
 
 troversies, trespasses, damages and demands whatsoever 
 at any time or times thentofore had, made, commenced, 
 sued, prosecuted or depending by or between the said 
 parties, ov either of them, so as the said award should be 
 made in writing under the hands arid seals of the said ar- 
 bitrators, or any two of them, ready to be delivered unto 
 the said parties, or such of them as should require the 
 
 same on or before the — day of this instant , as 
 
 by the said obligations and conditions thereof it doth and 
 may appear : J¥o7V know ye, that the said A A, C C and 
 D [) taking upon them the charge and burden of the said 
 award, and having deliberately heard the allegations and 
 proofs of both the said parties, do by these presents arbi- 
 trate, award, o?der, decree and adjudge of and conerning 
 the premises in manner and form following ; that is to say, 
 
 First, they do award, order, decree and adjudge, that 
 the said F F or his heirs, shall and do, on or before the 
 — day of — next ensuing the date hereof, make and 
 execute a good and sufficient conveyance of a certain 
 farm in the possession of the said F F situate » pur- 
 suant and according to the true intent and meaning of 
 certain articles of agreement, bearing date on or about 
 
 the day of and made between the said F F of 
 
 the one part, and the said E E of the other part, or as 
 near the same as the present circumstances will admit. 
 
 And also the said arbitrators do further award, decree 
 and adjudge,that the said F F, his executors or administra- 
 tors, shall and do, on or before the said day cf 
 
 next ensuing the date hereof, pay or cause to be paid unto 
 the said E E, his executors or administrators, at or in 
 
 the now dwelling-house of the said E E in aforesaid, 
 
 the sum of fifty dollars, in full payment, discharge and 
 satisfaction of and for all monies, debts, duties, due or owing 
 unto the said E E by the said F F upon any account whatso* 
 ever, at any time before their entering into the said bonds 
 of arbitration as aforesaid. 
 
 And also the said arbitrators do hereby further award, 
 order, decree and adjudge, that all actions and suits com- 
 menced, brought or depending between the said E E and 
 F F for any matter, cause or thing whatsoever arising or 
 happening at the time ol or before their entering into the 
 said bonds of arbitration, shall from henceforth cease and 
 determine, and be no further prosecuted or proceeded in 
 
ARBITRATIONS AND AWARDS. 
 
 6^ 
 
 i>y them or either of them, or by their or either of their 
 means, consent or procurement. 
 
 And lastly, the said arbitrators do hereby further award, 
 order, adjudge and decree, that the said E E and F F 
 shall and do, within the space of two days next ensuing 
 the date of this present award, seal and execute unto each 
 other mutual and general releases of all actions, cause 
 and causes of action, suits, controversies, trespasses, debts, 
 duties, damages, accounts, reckonings and damands what- 
 soever, for or by reason of any matter, cause or thing; 
 whatsoever, from the beginning of the world to the day 
 of the date of the said bonds of arbitration as aforesaid. 
 In witness whereof the said arbitrators of this present 
 award have set their hands and seals this — ~- day ofj 85c 
 
 Jin award by an umpire. 
 
 TO all to whi m ihese presents shall come, f,J K oi : 
 send greeting. Whereas divers suits, varian 
 
 ces, controversies, strifes, and debates have been, and yet; 
 
 are depending between R Dof and M C of for 
 
 the appeasing, pacifying, ordering and determining 
 whereof ihe said R D and M C have submitted them- 
 selves, and are become bound each to the other by their 
 several obligations, dated the — , in the sum of , 
 with conditions thereunder written, to stand to, obey, 
 abide, observe, perform, fulfil and keep the award, order, 
 final end, arbitrament and determination of J F and R R 
 arbitrators indifferently elected and chosen, as well on 
 the part and behalf of the said R D as on the part and be- 
 half of the said M C, to award, order, arbitrate, determine 
 and judge of and concerning all and all manner of actions, 
 suits, judgments, executions, accounts, reckonings, tres- 
 passes, controversies and demands whatsoever, had, made, 
 moved, stirred and depending between the said R U and 
 M C, from the beginning of the world until the day'of 
 the date of these presents; so always as the said award, 
 arbitrament, determination and judgment of them the 
 sai l J F and R R for and concerning ihe premises, should 
 be made and put in writing under their hands and seals on 
 
 or before the , and if the said arbitrators shnulu, 
 
 not make their said award in writing aforesaid on or> 
 
 F2- 
 
BILLS AND BONDS. 
 
 before the said then the said parties were to stand 
 
 to, obey, abide, observe, perform and keep the award, 
 umpirage, final end and judgment of me the said J K 
 umpire, indifferently chosen between the said parties for 
 ending the differences aforesaid, so as my said award and 
 umpirage was made in writing under my hand and seal, 
 ready to be delivered to the said parties at, &c. as by the 
 said several obligations and conditions thereof, relation 
 being thereunto had, may more fully and at large appear : 
 And whereas the said J F and R R did not make their 
 award between the parties by the time limited by the said 
 bonds of arbitration as above-mentioned, whereby the 
 composing, pacifying and ordering the said differences, 
 and matters and disputes, depends wholly upon me ; Now 
 know ye, that I the said J K having taken upon me the 
 charge and business of the said award, and being willing 
 to set the said parties at peace and concord, by making a 
 final end of the controversies betw een them, and having 
 by good advice and deliberation heard and examined, the 
 allegations and proofs of both the said parties concerning 
 the said premises in dispute, do with the consent of both 
 the said parties make,. publish, deelare and deliver this 
 my award concerning the said premises in manner and 
 form following, to wit, First,! finally award, judge and 
 determine, that, &c. Secondly, &c. In witness, &c. 
 
 BILLS, BONDS, AND NOTES FOR THE PAY 
 MENT OF MONEY. 
 
 PRACTICAL REMARKS, 
 
 1» Bills and Bonds. 
 
 All words which prove that the maker is debtor to an- 
 other, amount to a sufficient obligation, if under seal. 
 
 Obligations are single or penal. When single, they 
 usually take the form of notes. 
 
 The principal differences between a sealed note and 
 one without a seal are, that the former must be first paid 
 in the settlement of a dead man's estate, audit is not barred 
 by the statute of limitation. 
 
BILLS AND BONDS. 
 
 67 
 
 An indorsement of a sealed note gives the holder noth- 
 ing more than an equitable ownership* : He takes subject 
 to all existing claims and defences by the maker. 
 
 As in ordinary cases of transfer of personal property, 
 the indorser is liable by warranty or a false representa- 
 tion. 
 
 Penal obligations sometimes take the form of penal 
 bills, but more usually that of bonds, with conditions. 
 The legal effect and operation of both is the same. 
 
 The difference between a single and a penal obligation 
 is, that in a suit on the former, no interest can be collected 
 after the judgment is completed: but a judgment on the 
 latter, being for the penalty, as due at law, interest may 
 betaken under it until satisfaction. 
 
 2. Notes. 
 
 i No particular words are necessary to make a note ; any 
 promise in writing, which from the time of making it, 
 cannot be complied with, without payment of money, is a 
 note. 
 
 Notes payable to order or bearer, when transferred, 
 give to the assignee a right against all the antecedent 
 I parties whose names are on them. 
 
 Notes payable to bearer may be transferred by deliv< rj 
 only, in which case the person making the delivery, ceag- 
 es to be a party to the note ; or by indorsment, when the 
 person who puis his name on the back of the note be- 
 comes liable as indorser. 
 
 Notes payable to order are assignable in the first in- 
 stance by indorsement only, by the payee : if the indorse- 
 ment however is in blank or to bearer, the note may then 
 be transferred by delivery. 
 
 A note cannot be indorsed for a less sum than all the 
 money due. 
 
 The indorsement maybe restrictive so as to preclude 
 a recourse to the indorser or any antecedent party, but it 
 must be by express words. 
 
 If the note is payable to several persons, not partners, it 
 must be indorsed by all. 
 
 A note may be transferred either before or after it is 
 due. When taken before due, the assignee is not affect- 
 ed by any circumstances existing between the antece- 
 dent parties to the note. When received after due, the 
 
BILLS AND BONDS. 
 
 assignee takes the note subject to all the equitable rights 
 existing between the parties. 
 
 A note importing to be payable at a certain time, is 
 not in fact payable until three days after, which are called 
 days of grace. 
 
 In order to make an indorser before the day of payment 
 liable, a demand must be made, or attempted, upon the 
 last day of grace, and notice of non-payment must be giv- 
 en to such of the parties as reside in the place by the ex- 
 piration of the next day : to those residing elsewhere, by 
 the next post, or if there is no post, by the earliest ordi- 
 nary mode of conveyance. 
 
 Every party receiving notice should immediately give 
 a fresh one to the persons standing before him, who he 
 wishes to make liable to him. 
 
 NOTES. 
 
 I promise to pay A B or order (or hearer,) on demand, 
 one hundred dollars with interest, for value received. 
 Nov. 6, 1813. 
 
 Two months after date we or either of us, promise to 
 pay A B or order, (or bearer) one hundred dollars with* 
 Interest, for value received. Nov. 6,1813. 
 
 Indorsement 
 
 Pay the contents to C D or his order, (or bearer,) 
 Nov. 7, 1813, 
 
 BILLS. 
 
 A Penal Bill. 
 
 KNOW all men by these presents, that I, C D do owe 
 unto E F the sum of $100 to be paid to the said 
 E F, his executors, administrators or assigns, with inter- 
 est, on or before the next ; for the which payment 
 
 well and truly to be made, 1 bind myself, my heirs, exec- 
 utors and administrators, in the penal sum of 3200, firm- 
 ly by these presents. In witness* &c. Scaled, &c. 
 
BILLS AND BONDS. 
 
 69 
 
 A Single Bill. 
 
 KNOW all men by these presents, that I, C D do 
 owe and am indebted toE F, the sum of $100 to be 
 paid to the said E F, his executors administrators or as- 
 signs, with interest, on or before et c. In witness, &c, 
 
 — -o*o— 
 
 BONDS FOR PAYMENT OF MONEY. 
 A Bond with a Condition from one to one. 
 
 ~Yr NOW all men by these presents, that i C D of, &c. 
 JOL am held and firmly bound to E F &c. in the sum of 
 
 dollars, money of the United States, to be paid to 
 
 the said E F, his executors, administrators or assigns ; 
 to which payment, well and truly to he made, 1 bind my- 
 self, my heirs, executors and administrators, firmly by 
 
 these presents : Sealed with my seal. Dated the 
 
 day of in the year 
 
 The Condition of this obligation is such, that if the above 
 bound C D, his heirs, executors or administrators, do 
 well and truly pay- or co.use to be paid, unto the abov e 
 named E F, his executors, administrators or assigns, the 
 full sum of &c. like money as aioresam Will] Irgui inter- 
 est for the same, on or before the day of ■ next 
 
 ensuing the date hereof : Then this obligation to the void, 
 or otherwise to be and remain in full force and virtue. 
 
 Scaled and delivered in presence of 
 
 A Bond with a Condition from two to one. 
 
 KNOW all men by these presents, that we, C D and 
 E F of, &c. are held and firmly bound to G II of, 
 fecc. in the sum of $300 of money of the United States, to 
 be paid to the said G H, his executors, administrators, or 
 assigns ; to which payment well and truly to be made, we 
 bind ourselves, jointly aud severally, and our, and each of 
 our heirs, executors and administrators, firmly by these 
 presents : Sealed with our seals, dated, &c. 
 
 The Condition of this obligation is such, that if the above 
 bound C D andE F, or either of them, their, or either of 
 their heirs, executors or administrators, do well and truly 
 
70 
 
 BILLS AND BONDS. 
 
 pay, or cause to be paid, to the said G H, his executors, 
 administrators or assigns, the full sum of one hundred 
 and fifty dollars, like money as aforesaid, with legal in- 
 terest for the same, on or before the, &c. Then &c.oth* 
 envise, &c. 
 
 JL Condition for payment of an annual Sum 
 to one person during life. 
 
 THE condition of this obligation is such, That if the 
 above bound A B, his heirs, executors or adminis- 
 trators, do and shall yearly and every year, during the 
 life of the above named C D well and truly pay or cause 
 to be paid to the said C D one annual or yearly sum of, 
 <fcc. at or upon the first days of January, April, July and 
 October, by even and equal portions ; the first payment 
 
 thereof to begin and be made on the first day of ■ next 
 
 ensuing the date of the above written bond or obligation : 
 Then &c. otherwise &c. 
 
 A Condition for the payment of money at sen. 
 eral days. 
 
 THE condition of this obligation is such, That if the 
 above bound P Q, his heirs, executors or adminis- 
 trators, do and shall well and truly pay, or cause to be 
 paid to the said R S, his executors, administrators or as- 
 signs, the full sum of, <&:c. of lawful money aforesaid in 
 manner following, that is to say, the sum of, &c. part there- 
 of, on or before, <£c. next ensuing the date above written : 
 the sum of &c. more thereof on or before &c. then next 
 following; and the further sum of &c. residue and in full 
 payment thereof, on or before, &c. without fraud or covin : 
 Then this obligation to be void. But if default shall be 
 made of or in payment of any of the said sums of money 
 or any part thereof, on any of the said days and times a- 
 bove limited for payment of the same ; then this oblige 
 tion to be and remain in full force and virtue. 
 
 I 
 
BILLS AND BONDS. 
 
 n 
 
 A Condition for payment of money quarterly. 
 
 f*| * H h condition of this o h !ig ition is such, that if the 
 J| above bodnd A B and D or either of them, their 
 or either of their heirs, executors or administrators, do 
 and shall well and truly pay. or cause to be paid to the 
 above named E F, his executors, administrators or as- 
 signs, the full sum of, &c. lawful money aforesaid, in 
 manner following, that is to say, the sum of twenty dol- 
 lars, part thereof, on the twenty fifth day of December 
 next ensuing the date above written : the sum of twenty 
 dollars more thereof, on the twenty-fifth day of March 
 
 -which shall be in the year &c. the sum of twenty 
 
 dollars, more thereof on the twenty fifth of June next en- 
 suing, and the sum of twenty dollars more thereof on the 
 twenty fifth day of September then next following ; and 
 ^0 quarterly, and every quarter of a year, one next and 
 immediately ensuing another, on every of the quarter 
 days aforesaid, the sum of twenty dollars, until the said 
 sum of two hundred dollars shall lie in such manner fully 
 satisfied, contented and paid; then this obligation to be 
 void : But if default shall be made in payment of the said 
 sum of two hundred dollars, or any part Hereof, in man- 
 ner aforesaid, then this obligation to remain in full force. 
 
 Bond in Judgment. 
 
 A bond in judgment authorises the entry of a judgment 
 "without arrest or notice. It is nothing more than an or- 
 dinary bond with a power to an attorney to confess judg- 
 ment thereon. In this state the power must be separate 
 from the bond and may be in this form. 
 
 To any attorney of any Court of Record in the State of 
 New York or elsewhere. 
 
 You are hereby authorised to appear forme A B in any 
 such court at the suit of C D as of any term past or here- 
 after to arrive, and to receive a declaration for me in such 
 suit in an action of debt on bond bearing date &c. for (the 
 penalty) or for so much money borrowed, to file common 
 bail for me in such action, and thereuponin term or vaca- 
 tion to suffer judgment to pass against me in such action by 
 confession nil dicit ornon sum informatus, and to release 
 all errors of such judgment. Witness my hand and seal 
 thie day of 1813. 
 
n 
 
 BILLS AND BONDS. 
 
 SPECIAL CONDITIONS OF BONDS. 
 
 Condition of a bond of indemnity to one bound 
 for the obligor in a bond for payment of money. 
 
 "^"VTHERE AS the above-named A B at the special in- 
 T T stance and request of the above bounden C D to- 
 gether with him the said C D is, in and by one obligation 
 bearing even date with the above written obligation, held 
 
 and firmly hound unto E F of in the penal sum of 
 
 conditioned for the payment of with interest 
 
 for the same, on the day of next ensuing the 
 
 date of the said recited obligation, as in and by the said 
 recited obligation, and condition thereunder written may 
 more fully appear : Now the condition of this obligation 
 is such, that if the said C D, his heirs, executors or ad- 
 ministrators, do and shall well and truly pay, or cause to be 
 paid unto the said E F, his heirs, executors, administrators 
 
 or assigns, the said sum of , with interest on the 
 
 day of next ensuing the date of the said recit- 
 ed obligation, according to the true intent and meaning 
 thereof, and in full discharge and satisfaction of the said 
 recited obligation ; and if he the said C D, his heirs, ex- 
 ecutors, or administrators, shall also from time to time, 
 and at all times hereafter, save harmless and indemnify him 
 the said E F, his heirs, executors, and administrators, and 
 his and their lands and tenements, goods and chattels, of 
 and from all damages, sums of money, and costs and char- 
 ges which he, they, or any of them shall or may at any time 
 hereafter be put unto by reason of the said A B's being 
 bound with the said C D for the payment of the sum of 
 money and interest aforesaid : then, &c. or else, &c. 
 
 *! Counter Bond, where one is Bail for anoth- 
 er on a Bail Bond. 
 
 "Vl,^ HERE AS the above named C D at the special in- 
 ▼ ▼ stance and request of the above bound A B to- 
 gether with the said A R and E F of, fcc. is bound to G H 
 sheriff of the county of, &c. in the penal sum of, &c. con- 
 ditioned for the appearance of the said A B before the 
 
BILLS AND BONDS. 
 
 justices at — on the day of, &c. next to answer 
 
 N O in a plea of, &c. [as expressed in the bail bond.] As 
 by the said in part recited bond or obligation and condition 
 thereunder written may more fully appear : Nojv the 
 condition of this obligation is such, that if the above bound 
 A B do and shall appear according to the condition of the 
 said bond or obligation, and as the law in such case re- 
 quires : and if the said A B, his heirs, executors and ad- 
 ministrators, shall also from time to time, and at all times 
 hereafter, save harmless and indemnify him the said C D 
 his executors and administrators, and his and their goods 
 and chattels, lands and tenements, of and from all dama- 
 ges, sum and sums of money, costs and charges whatso- 
 ever, which he, they, or any of them, shall or may at any 
 time or times hereafter sustain, or be put unto by reason 
 or means of the said C D's being bound for the appear- 
 ance of the said A B as aforesaid. Then, Sec. Or other- 
 wise, &c. 
 
 Condition to make and deliver Conveyances. 
 
 THE condition of this obligation is such, that if the a- 
 bovebounden AB do and shall, upon and atthe re- 
 quest of the said C D, his heirs or assigns, on or before 
 
 the next ensuing the date abov e written, convey and 
 
 assure, or cause to be we! I and srufficient'y conveyed and 
 assured, unto the said C 1), his heirs and assigns, or to 
 such other person or persons and his or their heirs, as the 
 said C D shall nominate and appoint, and to such uses as 
 he shall direct, one messuage or tenement, &c. situate 
 
 now in the possession of by such conveyances 
 
 and assurances in the law, as by the said C D, his heirs 
 and assigns, or his or their counsel learned in the law, 
 shall be reasonably devised or advised and required, freed 
 and discharged of and from all incumbrancts whatsoever, 
 except &c. And also if the said A B, his, &c. or either 
 of them do and shall, until such conveyance and assurance 
 be made and executed as aforesaid, permit and suffer the 
 said C D, his hairs and assigns peaceably and quietly to 
 have, receive and take to his or their own proper use and 
 uses, the rent's, issues and profits of all and singular the 
 premises, and of every part and parcel thereof, without a- 
 ny manner of let, suit, trouble, disturbance, hindrance and 
 
 G 
 
74 
 
 BILLS AND BONDS. 
 
 denial of the said A B, his, &c, or any of them, or of 
 any other person or persons whatsoever, by his or their 
 or any of their means, right, title or procurement : then, 
 cfrc. or else, &c. 
 
 To execute an Assignment 
 
 ■ as in the last to the words date above written) 
 seal and execute a good and sufficient assignment in the 
 law, of all such estate and interest, as he the said E M now 
 hath in the lands and tenements of- — in — unto the 
 above named G D, his heirs or assigns, or to such other 
 person or persons as the said C D shall nominate and ap- 
 point, and to such uses as he shall direct ; then, &c. or 
 else, &c. 
 
 To seal and deliver the counterpart of a deed* 
 
 — Seal and subscribe the counterpart of one deed in- 
 dented, bearing date the made between the above- 
 named C D of the one part, and the said A B of the oth- 
 er, and the same so sealed and subscribed, do in the pres- 
 ence of two or more credible w itnesses, deliver as his 
 proper act and deed, to the only use and behoof of the said 
 C D then, &c. or else, &c. 
 
 A Condition for the letting of Cows. 
 
 f p HE condition of tins obligation is such, that whereas 
 the above named A B bath let to the above bound 
 C D milch cows for the term of years next en- 
 suing the date hereof, if the said C D, his heirs, execu- 
 tors and administrators, do well and truly pay or cause 
 to be paid to the said A B, his executors, administrators 
 
 or assigns, % -yearly and every year daring the said 
 
 term for the rent of the said cows, and also at the end of 
 the said term, do deliver or pay or cause to be delivered 
 or paid unto the said A B, his executors, administrators 
 
 or assigns good and able miLch cows or the sum of 
 
 tor and in consideration of the said cows so demised 
 at the election of the said A B, his executors, adminis- 
 trators or assigns, that then, &c. 
 
BILLS AND BONDS. 
 
 7i> 
 
 A condition to keep a person during life. 
 
 THE condition of this obligation is such, that Where- 
 as the above bounden A B for and in considera- 
 tion of a competent sum of money to him in hand paid by 
 the above named C D hath agreed and undertaken to 
 keep and maintain the said C D during his life : if there- 
 fore the said A B, his executors or administrators, do and 
 shall, from time to time, and at all times hereafter, dur- 
 ing the natural life of the said C D, well and sufficiently 
 maintain and keep, or cause to be well and sufficiently 
 maintained and kept, f he said C D in the house of him 
 the said A B with meat, drink, clothes, and all other 
 things necessary and convenient ; then, &c. or else, <lc* 
 
 Condition of a Bond to procure an Heir at 
 Law, to convey when of age, and for quiet 
 enjoyment, 8fc. 
 
 WHEREAS the above bound I K by indenture Of 
 bargain and sale [or as the case may be] bearing even 
 date herewith, and made between her the said I K by the 
 name of &c. w idow and relict of R K late of &c. her late 
 husband, deceased, ol the one part, and the above named 
 R Hby the name of RH &c.of the other part, for the consid- 
 eration therein mentioned, hath granted &c. unto the said 
 R H &e. all that &e. to hold the same premises unto, 
 and to the use of the said R H, his heirs and assigns forev- 
 er: Now the condition of the above obligation is such, 
 that if E K, the only child of R K [or heir at law, &c. as the 
 
 case may be] being now an infant of the age of years or 
 
 thereabouts, at any time or times after she the said E K 
 shall have attained the age of twenty one years, if then 
 sole and unmarried, and if then married, the said E K and 
 her husband do and shall, at the request, costs and charg- 
 es of the said R H, his heirs or assigns, duly execute all 
 and every further conveyances and assurances, or do, com- 
 mit and suffer any, and every act, deed, matter or thing ne- 
 cessary for the full, complete and absolute conveyance, 
 confir nation and assurance of the said messuages, Sec. he- 
 reditaments and premises, &c. and every part thereof tin- 
 
76 
 
 BILLS AND BONDS. 
 
 to and to the use of the said R H, his heirs and assigns, 
 discharged of all prior grants, charges and incumbrances 
 by the said E K, or her said husband, done, committed or 
 suffered ; and if the said R H, his heirs and assigns, shall 
 and may at all times hereafter, peaceably and quietly have, 
 hold, and enjoy all and singular the said hereditaments and 
 premises, and receive and take the rents, issues and pro- 
 fits thereof, to his and their own use, without any let, suit, 
 interruption, claim or demand of the said E K, or any is- 
 sue of her body, or any other person or persons having or 
 lawfully claiming any estate, right, title or interest of, in 
 or to the said hereditaments and premises, or any part 
 thereof, by, from or under her the same E K, or any of the 
 issue of her body $ Then, c£c. 
 
 A condition to marry a certain person, or pay 
 a Sum of Money. 
 
 rr*HE condition of this obligation is such, that if the 
 
 above bounden A B do on or before the day of 
 
 next ensuing the date of the above written bond or 
 
 obligation, espouse and law fully marry C I), daughter of 
 &c. if she the said C D will thereunto consent, and the 
 lawsof this state permit the said marriage to i.e consum- 
 mated : Or, if it shall happen the said A B shall not mar- 
 ry and take to wife the said C D as aforesaid then the 
 said A B shall well and truly pay or cause to i.e 
 paid to the said C D, her executors, administrators 
 
 and assigns, the full sum of, &e. of lawful money of 
 
 on or before the day of &c. next ensuing the said 
 
 day of &c. above mentioned, Then, d>c. or other- 
 wise, &c. 
 
 A condition of a bond for Performance of Co- 
 venants. 
 
 THE condition of this obligation is such, that if the 
 above bound A B, his heirs, executors and adminis- 
 trators, do and shall in all things well and truly observe. 
 
BILLS AND BONDS. 
 
 perform, fulfil, accomplish, pay and keep all and singular 
 the covenants, grants, articles, clauses, provisions, pay- 
 ments, conditions and agreements whatsoever, which on 
 the part and behalf of the said A B, his heirs, executors, 
 and administrators, are or ought to be observed, perform- 
 ed, fulfilled, accomplished, paid and kept, comprised or 
 mentioned in certain indentures of, &c. bearing even date 
 with the bond or obligation above written, and made or 
 mentioned to be made between the said A B of tl e one 
 part, and the above named C D of the other part, accord- 
 ing to the purport, true intent and meaning of the same 
 Then, &c. 
 
 Bond to indemnify the town in case of bastardy, 
 
 1a NOW all men by these presents, that we A ii and C 
 _|\. D of «S:c. are held and firmly bound unto F F and 
 
 G H overseers of the poor, for the town of in the 
 
 county of (in trust for the inhabitants of ihe said 
 
 town) in the sum of to e paid to the said E F and G 
 
 H or to their execulors, a imiiiistrators or assigns. To 
 which payment to be well and truly made we bind our- 
 sleves and each of us jointly and severally and our «:nd 
 each of our heirs, executors and administrators firmly by 
 these presents. Sealed with our seals, and dated, &ic. 
 
 The condition of this obligation is such, that whereas 
 I K of — single woman, hath by her voluntary examin- 
 ation taken in writing and on oath before L M one of the 
 justices of the peace in and for the said county of de- 
 clared herself to be with child and that such child is likely 
 to be born a bastard, and to he chargeable to the said town 
 
 of and that the above bounden A B is the father of 
 
 thp said child, (if il j.s after ihe birth then say, that whereas 
 
 I K of in her examination taken in writing upon 
 
 oa<h before L M one of the justices of the peace in and for 
 
 the said county of — hath declared that on the day 
 
 of now last past, she the said L M was delivered of 
 
 a (male) bastard child, and that the said bastard child is 
 
 likely to become chargeable to the said town and 
 
 that the above bounden A B is the father of the said child.) 
 tf therefore the said A. B and C D or either of -Iiem, 
 their foeirs, executors or administrators, do ami shall 
 G 2 
 
BILLS AND BONDS. 
 
 from time to time and at all times hereafter, fully and 
 clearly indemnify and save harmless* as well the above 
 
 named overseers of the poor of the said town of and 
 
 their successors for the time being, as the said town and 
 also the inhabitants thereof, which now areorhereaftershall 
 be for the time being, of and from all manner of costs, 
 taxes, rates, assessments and charges whatsoever for or 
 by reason of the birth, education and maintenance of the 
 said bastard, and of and from all actions, suits, troubles 
 and other charges and demands touching or concerning 
 the same, then this present obligation to be void, other 
 wise of force. 
 
 Bond to the Sheriff for the limits. 
 
 KNOW all men by these presents, that we A B and C D 
 of, &c. are held and firmly bound unto E F, Sheriff oi 
 
 the county of in the sum of to be paid to the 
 
 said E F, his executors, administrators or assigns, and 
 for the same payment to be well and truly made, we bind 
 ©urselvesjoi»tIy and severally and our and each of our 
 heirs, executors and administrators, firmly by these pres 
 cnts. Sealed with our seals, and dated, &c. 
 
 The condition of this obligation is such, That if the 
 above bounden A B who is now in the custody of the said 
 3E F sheriff as aforesaid, by virtue of a writ of capias ad 
 respondendum to the said Sheriff directed, issued out of 
 the Supreme court at the suit of one G H, of a plea as is 
 therein mentioned, shall remain a true and faithful pris 
 oner, and shall not at any time or in any wise escape or 
 go without the limits of the liberties of the gaol of the 
 said county, as the same now are or may beat any time 
 hereafter fixed, until discharged by due course of law, 
 then this obligation to be void otherwise to remain of 
 force. 
 
 {If the party is in execution say, if&c. who, &c. by 
 virtue of a writ of capias ad satisfaciendum to the said 
 Sheritfdirected, issued out of the supreme court at the suit 
 of one G H to satisfy the said G H as is therein mentioned 
 shall, &c. If on a surrender say — if, &c. who, &c by vir- 
 tue of a surrender in discharge cf his bail in an action here- 
 tofore commenced against him the said A B by one C D 
 .in the Supreme Court shall, &c) 
 
BILLS OF SALE. 
 
 Bail Bond. 
 
 Obligatory part as to the preceding Bend. 
 
 THE Condition of this obligation is such, That if the 
 above bounden A B do appear before the Justices 
 
 of the Supreme Court at on to answer Mkto ( ' 
 
 D of a plea of trespass, and also ton hi!!, &c- (.ctoinths 
 writ) then this obligation to be void, otherwise to be hi 
 force. 
 
 BILLS OF SALE. 
 
 PRACTICAL REMARKS. 
 
 A Bill of Sale is a contract under seal which passes sm 
 interest in goods and chattels. 
 
 A promise to give chattels without consideration and 
 without delivery, does not alter the property; But a bill 
 of sale properly executed will. 
 
 A bill of sale is at all times good as between the parties ; 
 but if intended as a fraud on third persons, it w ill as to 
 rhem be void. 
 
 A Bill of Sale of Goods. 
 
 KNOW all men hy these presents, that I, B F, of 
 for and in consideration of the sum of tome 
 
 in hand paid by C D of at or before the sealing and 
 
 delivery of these presents, the receipt whereof I do here- 
 by acknowledge, have granted, bargained and sold, and by 
 these presents, do grant, bargain and sell, unto the said 
 C I), his executors, administrators and assigns, all the 
 goods, household slutf, implements and furniture, and all 
 other goods and chattels whatsover> mentioned and ex- 
 pressed in the schedule hereunto annexed. [Or thus. 
 herein after particularly mentioned, that is to say, one 
 
 bedstead, <fcc] now remaining and being . To have 
 
 and to hold all and singular the said goods, household stuff 
 and furniture, and other the premises above bargained 
 
m 
 
 BILLS OF SALE. 
 
 and 8old, or mentioned or intended so to be, to the said' 
 C I), his executors, administrators and assigns for ever. 
 And I the said B F, for myself, my heirs, executors and 
 administrators, all and singular the said goods 8cc. uuto ; 
 the said C D, his executors, administrators, and assigns, 
 against me the safdB F, my executors and administrators, 
 and against all and every other person and persons w hom- 
 soever, shall and will warrant and forever defend by these 
 presents. Of all and singular which said goods &c. I 
 the said B F have put the said C D in full possession, by 
 delivering to him the said CD one silver spoon, at the 
 sealing and delivery of these presents, in the name of the 
 whole premises hereby bargained and sold, or mentioned 
 or intended so to be,, unto him the said C D as aforesaid. 
 In witness Sec. 
 
 TO all to whom these presents, shall come, I, A B 
 of &c. send Greeting . Know ye that I the 
 said A B for and in consideration, Sec. (as before, to the 
 words) and forever defend, by these presents : Provided 
 always and it is hereby agreed between the said parties 
 to these presents, that if I the said A B, my executors, 
 &c. or any of us, do and shall well and truly pay or cause 
 to be paid unto the said C D, or to his executors, Sec. the 
 sum of, &c. on, &c. according to the condition of a cer- 
 tain bond bearing even date herewith, given by me the 
 said A B to the said C D, then these presents, and every 
 thing herein contained- shall cease and be void. And I 
 the said A B, for myself, my executors, administrators 
 and assigns, do agree with the said C D, his executors, 
 administrators and assigns; that in case default shall be 
 made in payment of the said sum of \t the time !im« 
 ited for payment thereof, it shall and may be lawful for 
 the said C D, his executors, administrators and assigns, 
 with any oerson or persons, as he or they shall think fit 
 toe iter and come into and upon the dwelling house and 
 pre nises of the said A B wherein the said goods and 
 chattels are, or may be held or placed, and then to fetch- 
 
 Goods conditional in nature of 
 
BILLS OF SALE. 
 
 SI 
 
 and carry away the said goods and chattels, and to sell 
 and dispose of the same, for the best price which they can 
 obtain, and out of the money to arise by such sale tiiereof, 
 to pay and retain to him and themselves, the said sum of 
 and all charges touching the same ; he and they ren- 
 dering (o me the said A B, my executors, &c. the over- 
 plus monies (if any such shall be) any thing herein to the 
 contrary notwithstanding ; asd until default be made in 
 the payment of the aforesaid sum of money, at the time 
 fixed for payment thereof, i the said A B, my, &c. am to 
 remain and continue in quiet and peaceable possession of 
 the aforesaid goods and chattels, and the full and free en- 
 joyment of the same. In witness, &c. 
 
 Bill of sale of goods and stock in consideration 
 of Maintenance, $*c. 
 
 THIS indenture made, &c. Between AB of, £c. of 
 the one part, and C D of «fcc.of the other part, Wit- 
 ncsscth, that the said A B in consideration of the covenants 
 hereinafter mentioned on the part of him the said C D 
 to be performed, and for the further consideration of one 
 dollar to him in hand paid by the said CD and for divers 
 other good causes and considerations, him thereunto mov- 
 ing, he the said A B hath granted, bargainedand sold, and 
 by those presents doth grant, bargain and sell unto the 
 said C D his executors, administrators ami assigns, all 
 liis six horses, two mares and one colt, his four rows, his 
 wagaon, all his coi n and hay, and all and singular his bed- 
 ding, linens, brass, pewter and other household goods, and 
 all other his goods and chattels whatsoever upon his farm 
 in A aforesaid, and which, together with the said farm were 
 this day pat into (he hands and possession of the said C I) 
 to have and to itold all and singular the said cattle, 
 goods, chattels and premises hereby granted unto the said 
 C I), his executors, administrators and assigns forever, to 
 his and their only proper use and behoof : And the said 
 C D in consideration of the premises, Doth hereby for 
 himseif, Ids heirs, &c. covenant and agree with the said 
 A B his executors and administrators in manner follow- 
 ing, viz. that he the said C D, his executors, Arc. shall 
 and will at his and their costs ond charges maintain are* 
 
32 
 
 BILLS OF SALE. 
 
 keep the said A B during his life, with good and sufficient 
 meat, drink, washing and lodging, at his the said C DV 
 own dwelling house, if the said A B shall think fit to live 
 with him, and if the said A B shall be minded to live 
 with any other person, that then, and in such case, he the 
 said C D, his executors, &c. shall and will pay to the 
 said A B yearly, for or account of his maintenance at 
 
 such other place, the sum of dollars ; and after that 
 
 rate for any greater or lesser time than a year, that the 
 said A B shall be minded to dwell with any other person 
 than the said C D ; and also that the said C D, his execu- 
 tors, &c. shall pay and allow unto the said A B yearly, and 
 every year during his natural life the sum of — — a year 
 for spending money ; the same to be paid to the said A B 
 at four equal quarterly payments, to be computed from 
 this day. In witness, &c. 
 
 Bill of Sale of an enrolled or registered vesseL 
 
 TO all to whom these presents shall come, Greeting ; 
 kow ye, That 1, A B of, &c. owner of the sloop or 
 vessel, called the Frances of the burthen of 100 tons, or 
 
 thereabouts, for and in consideration of the sum of |- 
 
 lawful money of the United States of America, to me in 
 hand paid before the sealing and delivery of these presents, 
 by C D of, Sec. The receipt whereof I do hereby acknow- j 
 ledge, and myself therewith fully satisfied, contented and 
 paid ; have bargained and sold, and by these presents do 
 bargain and sell,' unto the said C D, his executors, admin- I 
 istrators and assigns, the said sloop or vessel ; together 
 with the mast, bowsprit, sails, boat, anchors, cables, and 
 all other necessaries thereunto appertaining and belong- 
 ing ; the certificate of the enrolment (or registry) of which 
 said sloop or vessel, is as follows ; [here i?iscrt at length 
 the enrolment or registry.'] to have and to hold the 
 said stoop or vessel and appertenances thereunto belong- 
 ing, unto him the said C D, his executors, administrators 
 and assigns, to their sole and only proper use, benefit and i 
 behoof forever. — and I the said A B have and by these 
 presents do promise, covenant and agree, for myself, my 
 heirs, executors and administrators, to and with the said 
 C D, his heirs, executors and administrators, to warrant 
 
BILLS OF SALE. 
 
 83 
 
 and defend the said sloop or vtssel and all the other before 
 mentioned appertenances, against all and every person and 
 persons whomsoever. In testimony whereof I the said A 
 B have hereunto set my hand and seal this, &c. 
 
 A Bill of Sale of part of a Ship, by Indenture. 
 
 THIS Indenture made the day of in the year 
 between B F of of the one part, and C D 
 
 of of the other part, witnesseth, That the said B F 
 
 for and in consideration of the sum of ■ to him the said 
 B F in hand well and truly paid, at or before the sealing 
 and delivery of these presents, the receipt whereof the 
 said B F doth hereby aknowledge, hath granted, bargain- 
 ed and sold, and by these presents, doth grant, bargain 
 and sell unto the said C D. his executors, administrators 
 and assigns, one fourth part, the whole into four parts 
 equally to be divided, of all that ship or vessel, called 
 ■ of the burthen of together with one full fourth 
 part, the whole to be divided as aforesaid, of all the 
 masts, sails, sail-yards, anchors, cables, ropes, cords, boats, 
 oars, guns, gunpowder, shot, tackle, apparel, ammuni- 
 tion and furniture to the said ship belonging, or in any 
 wise appertaining : To have a?id to hold the said fourth 
 part of the said ship or vessel, and other ihe premises 
 hereby granted, bargained and sold, or mentioned or in- 
 tended so to be, unto the said C D, his executors, ad- 
 ministrators and assigns forever, as his and their own 
 proper goods, and to and for his and their own proper 
 use and uses forever. And the said B F doth hereby, for 
 himself, his heirs, executors and administrators, cove- 
 nant, promise, grant and agree to and with the said C D, 
 his executors, administrators and assigns, that the said 
 B F at the time of the sealing and delivery of these 
 presents is the true and lawful owner and proprietor of 
 the said fourth part of the said ship or vessel, and premi- 
 ses hereby granted, bargained and sold, or mentioned or 
 intended so to be, unto the said C D, his executors, ad- 
 ministrators and assigns, as aforesaid : And that he the 
 said B F at the time of the sealing and delivery hereof, 
 hath in himself full power and good authority in law, to 
 grant, bargain and sell the said fourth part of the said ship 
 ot vessej and premises aboye bargained and sold, or men- 
 
8-1 
 
 BILLS OF SALE. 
 
 tioned or intended so to be, unto the said C D> bis execu- 
 tors, administrators and assigns, in manner aforesaid : 
 And also tbat it shall and may be lawful to and for the said 
 C D, his executors, administrators and assigns, from time 
 to time, and at all times hereafter, quietly and peaceably 
 to have, hold, possess and enjoy the said fourth part of the 
 said ship, and all other the premises hereby granted, or 
 mentioned or intended so to be, without the let, trouble, 
 denial, molestation, hindrance or disturbance whatsoever, 
 of him the said B F, his executors, administrators or assigns, 
 or of any other person or persons whomsoever, lawfully 
 claiming or to claim by, from or under him, them, or any 
 of them ; and that freed and discharged of and from all 
 former and other bargains, sales and incumbrances, made, 
 done or committed by him the said B F, or any other per- 
 son or persons, by his order, consent, privity or procure 
 ment. In witness, &c. 
 
DEEDS. 
 
 PRACTICAL REMARKS. 
 
 A deed, is a writing, sealed and delivered, to testify the 
 agreement of the parties, to the thing, contained in (he 
 deed. 
 
 AH writings, sealed and delivered, are in law deeds: 
 but in common acceptation, a deed, is a conveyance, of 
 lands ; and under this head therefore, will be given, the 
 conveyances in ordinary use. 
 
 The ease, with which property may be acquired, in thi3 
 country, and the difficulties, which our laws, have cast in 
 the way, of tying up estates, in families, hav e much sim- 
 plified the modes of transfer here. 
 
 Among the great variety of conveyances, in the Eng- 
 lish books of precedents, very few are found of use with 
 us. 
 
 The conveyance generally used, is the English Bargain 
 and Sale, which may be with, or without covenants. If it 
 contains full covenants, and a general warranty, it is then 
 termed in (he country, a warranty deed : If it is without 
 covenants, it is called a quit claim deed. 
 
 A conveyance to be good, must be signed, sealed, anil 
 delivered, by the grantor, and if a married woman residing 
 in the state, it must also be acknowledged by her, before 
 a proper efficer. 
 
 The acknowledgment of deeds by the grantor, and the 
 proof of them by the Avitnesses, for lands in this state, may 
 be taken before a judge of the Supreme court of the United 
 States — ajudge of the Supreme or Superior court of any 
 state or territory — a judge of the Supreme court — or of 
 any court of Common Pleas in this state — a Master in 
 Chancery in this state — the Mayor or Recorder of New- 
 York, Albany or Hudson — or the Mayor of Schenectady. 
 
36 DEEDS. 
 
 Acknowledgment of a Deed by Husband and 
 Wife when known to the Officer, 
 
 BE it remembered that on the day of in the 1 
 year came before me one of the justices 
 
 of the Supreme court of the State of New-York, the with- 
 in named A B and C his wife, known to me to be the per- 
 sons described in, and who have executed the within 
 deed, and acknowledged that they severally signed, seal- 
 ed and delivered the said deed for the uses and purposes 
 therein mentioned: and the said C being by me privately 
 examined, apart from her said husband, acknowledged 
 that she executed the said deed freely, without any fear 
 or compulsion of her said husband : all which I do accor- 
 dingly certify, according to the statute in such case made 
 and provided. 
 
 Acknowledgment when the parties are not 
 known to the officer. 
 
 BE it remembered that on the, &c. came before me 
 &c. the within named A B and C his wife, and also 
 C D of, &c. and the said C D being by me examined on 
 oath, declared that he knew the said A B and C his wife, 
 to be the persons described in, and who executed the 
 within deed, which is to me satisfactory evidence that 
 the said A B and G his wife, thus appearing before 
 me, are such persons as aforesaid, and thereupon the 
 said A B and C his wife, acknowledged &c. as above. 
 
 Proof of a deed when the witness is known to 
 the officer, 
 
 BE it remembered that on the, &c. came before me* 
 &c. A B, one of the subscribing witnesses to the 
 within deed, to me known, who being duly sworn says, 
 that he saw the within named C D, sign, seal and deliver 
 the said deed for the usesand purposes therein mentioned, 
 and that he knew the said C D to be the person described 
 in the said deed, which is to me satisfactory evidence of 
 
DEEDS. 
 
 the said fact : and the paid A B further on his oath afore- 
 said says, that he, at the time of the execution of the said 
 deed, signed his name thereto as a witness ; All which I 
 certify according to the statute in such case made and 
 provided. 
 
 Proof of a deed when the witness is not known 
 to the officer* 
 
 BE it remembered that on, &c. came before me, &c. 
 A B, one of the subscribing witnesses to the within 
 deed, and C D of, &c. who being duly sworn depose ; and 
 first the said C D says, that he knows the said A B, and 
 that he is a subscribing witness to the said deed, w hich 
 is to me satisfactory evidence that the said A B is such 
 person : and thereupon the said A B says that he saw, &e. 
 as above. 
 
 A deed without covenants. 
 
 THIS indenture, made the — day of — in the 
 year of our Lord one thousand — between A B 
 of &c. of the first part, and C D of <fec. of the second 
 part, witnesseth, that the said parly of the first part, for 
 and in consideration of the sum of fifty dollars to him in 
 hand paid, by the said party of the second part, the re- 
 ceipt whereof is hereby acknowledged ; hath bargained 
 and sold ; and by these presents, doth bargain and sell, 
 unto the said party of the second part, and to his heirs 
 and assigns forever, all <fcc. [Here describe the properly.] 
 Together with all and singular the hereditaments and 
 appertenances thereunto belonging, or in any wise apper- 
 taining ; and the reversion and reversions, remainder and 
 remainders, rents, issues and profits thereof; and also all 
 the estate, right, title, interest, claim or demand whatso- 
 ever of him the said party of the first part, either in law 
 or equity of, in and to the above bargained premises, and 
 every part and parcel thereof : To have and to hold to the 
 said party of the second part, his heirs and assigns, to the 
 sole and only proper use, benefit and behoof of the said 
 party of the second part, his heirs and assigns forever. 
 In witness, &c. 
 
88 
 
 DEEDS. 
 
 Quit Claim Deed* 
 
 KNOW all men by these presents that we A B of 
 &c. and C the wife of the said A, in consideration of 
 the sum of to us in hand paid by D E of &c. the re- 
 ceipt whereof we do hereby acknowledge, have bargain- 
 ed, sold and quit-claimed, and by these presents do bar- 
 gain, sell and quit-claim, unto the said D E, and to his 
 heirs and assigns forever, all our and each of our right, 
 title, interest, estate, claim and demand, both at law and 
 in equity, and as well in possession as in expectancy, of, in 
 and to all that certain farm or piece of land, situate, &c. 
 {describing it) with all and singular, the hereditaments 
 and appertenances thereunto belonging. In witness 
 whereof we have hereunto set our hands and seals, this 
 day of in the year 
 
 Deed with covenants against the grantor only. 
 
 THIS indenture made this &c. between A B of 
 of the one part and C D of — of the other part, 
 
 Witnesseth; That the said A B, in consideration of 
 
 to him in hand paid by the said C D, the receipt whereof 
 he doth hereby acknowledge, hath granted, bargained, 
 sold, released and confirmed, and by these presents doth 
 grant, bargain, sell, release and confirm unto the said C 
 D, and to his heirs and assigns forever, all . To- 
 gether with all and singular the hereditaments and apper- 
 tenances whatsoever to the same belonging or appertaining, 
 and the reversion and reversions, remainder and remain- 
 ders, rents, issues and profits thereof, and every part and 
 parcel thereof, and also all the estate, right, title, interest, 
 trust, property, claim and demand whatsoever, both at law 
 and in equity, of the said A B, in, to or out of the said 
 lands, tenements, hereditaments and premises : To have 
 and to hold the said lands, tenements and hereditaments, 
 and all and singular other the premises herein before 
 mentioned, with their appertenances, unto the said C D, 
 his heirs and assigns, and to his and their ouly proper use 
 and behoof. 
 
 Cov. for quiet And the said A B doth hereby, for himself, 
 rnjoyment a- hi s heirs, executors and administrators, cov- 
 gainst grantor. enant p rom j se an d agree, to and with the said 
 
DEEDS. 
 
 88 
 
 C D, hi3 heirs, executors, administrators and assigns, in 
 manner and form following, that is to say : that the said 
 C D, his heirs, and assigns, shall and may peaceably and 
 quietly have, hold and enjoy the said lands, tenements, 
 hereditaments and premises, and every part and parcel 
 thereof, without the let, suit, trouble, eviction or disturb- 
 ance of the said A B, his heirs or assigns, or of or by any 
 other person or persons lawfully claiming or to claim 
 from, by or under, or in trust for him, them or any of 
 them. 
 
 And that the said lands, tenements, here- , 
 
 J.* i. i • i * i freeofincuiribran 
 
 aitaments and premises, and every part and ce3 by grantor, 
 parcel thereof, now are and from henceforth 
 shall continue, remain and be unto the said C D, his heirs 
 and assigns, free and clear, and freely and clearly acquit- 
 ted, "exonerated and discharged of, from and against 
 all former and other gifts grants, bargains, sales, mortga- 
 ges, estates, titles, troubles, charges and incumbrances 
 whatsoever, had, made, done, committed, occasioned or 
 suffered by the said A B, or by any person lawfully claim- 
 ing or to claim by, from or under him, or by his, their or 
 any oftheiract, means, assent or procurement. 
 
 And the said A B and his heirs, all and sin- Warranty a- 
 gular the aforesaid lands, tenements, heredit- gain8t £ rantor « 
 aments and premises, and every part and parcel thereof, 
 unto the said C D, his heirs, and assigns, against hirn 
 the said A B, his heirs and assigns, shall ami will war- 
 rant and for ever defend by these presents. In witness, 
 &c. 
 
 T 
 
 Deed with full Covenants. 
 
 HIS indenture made the day oi in the year 
 
 Between \ B of and (J his wife of ihe 
 
 first part and D E of of the second part. Witness- 
 ed, That the said parties of the first part, for and in con- 
 sideration of the sum (*f— — current money of the United 
 States, to them in hand paid by the said parties of the se- 
 cond part, at and before the ensealing and delivery of 
 these presents, the receipt whereof they do hereby ac- 
 knowledge ; and thereof and therefrom, and of and from 
 every ; *an and parcel thereof do acquii, release, exonerate 
 and discharge the said party of the second part, his heir*, 
 H 2 
 
DEEDS. 
 
 executors, administrators and assigns, and every of them 
 by these presents, have granted, bargained, sold, aliened, 
 remise^; released, and confirmed, and by these presents 
 do tally, freely and absolutely grant, bargain, sell, alien, 
 remise, release and confirm, unto the said party of the 
 second part, and his heirs and assigns forever. All 
 that messuage or dwelling house and lot of land thereto 
 belonging, situate, lying and being &c. Together with 
 all and singular the hereditaments and appertenances 
 "whatsoever, to the said messuage, lot of ground and prem- 
 ises belonging or in any wise appertaining, and the rever- 
 sion and reversions, remainder and remainders, rents, issues 
 and profits thereof, and of every part and parcel thereof, 
 and also all the estate, right, title, interest, property, pos- 
 session, claim and demand, whatsoever, of the said parties 
 of the first part and each of them, of, in and to the same, 
 ©r any part or parcel thereof; To have and to hold the 
 said messuage and lot of ground and premises with their 
 and every of their rights, members and appertenances un- 
 to the said party of the second part his heirs and as- 
 signs forever, to the only proper use, benefit and behoof 
 of the said party of the second part, his heirs and assigns 
 forever. 
 
 Clause of ^nd tne sa ^ ^ ^' arK ' ms heirs, a '* an ^ sm " 
 warranty gular the aforesaid messuage, lot of ground and 
 premises, with their and every of their rights, members 
 and appertenances hereby granted and released, and eve- 
 ry part and parcel thereof, unto the said party of the se- 
 cond part, his heirs, and assigns, against him the said A 
 B, his heirs and assigns, and against all and every other 
 person and persons whomsoever shall and will warrant, 
 and forever 'lei mi by these presents. 
 
 Cov that A 11 tn<? sa M ^ for himself, his heirs, ex- 
 grantor is ecu is and administrators, and each and every 
 owner. y r tb-m, doth hereby promise, cov enant, grant 
 and tgree to and with the said party of the second part, 
 bis heirs and assigns, in manner and form following, that 
 is to say ; that he the said B is at the time of the en- 
 sealing and delivery of 'hese presents, the true, lawful and 
 rightful owner and proprietor of the said messuage and 
 lot of ground and premises, with their and every of their 
 righfs, members and ap;>ertenances, and every part and 
 parcel thereof, of a good, pure, perfect and indefeasible 
 
DEEDS. 
 
 estate of inheritance, in fee simple, without any manner 
 of conditioner limitation, of any use or uses, or any other 
 matter, cause or thing whatsoveer to determine, alter v 
 change or defeat the same : 
 
 And that he the said A B hath in himself, good * 5tI j 
 right, full power, and lawful and absolute authority er ° SL '' 
 to grant, bargain, sell, remise, release and confirm, the 
 said messuage and lot of land and premises, with their 
 and every of their apperteuances, unto the said party of 
 the second part, his heirs and assigns, in manner and form 
 aforesaid : 
 
 And also, that he the said party of the second that gran- 
 
 • 5 Sll3.il 
 
 part, his heirs and assigns, and every of them, occup7 . 
 shall and may from time to time, and at all times 
 forever hereafter, peaceably and quietly have, hold, use, oc- 
 cupy, possess and enjoy, all and singular the premises herein 
 before mentioned or intended to be hereby conveyed, and 
 every part and parcel thereof, with their and every of their 
 appertenances, without any let, suit, trouble, denial, eviction, 
 ejection or interruption whatsoever, of or by him the said 
 A B, his heirs or assigns, or of or by any olher person cr 
 persons whatsoever, having or lawfully claiming any es- 
 tate right title or interest, of, in or to the same or any 
 part thereof, and that free and clear, and freely ami clear- 
 ly acquitted, exonerated and discharged of and f rom all and 
 all manner of former and other bargains, sales, gifts, gi ants, 
 feoffments, devices, dowers, rights and titles of dower, 
 uses, issues, fines, annuities, debts, duties, judgments, ex- 
 ecutions, recognizances, and all other estates rights, ti- 
 tles, troubles, charges and incumbrances whatsoever, had, 
 made, committed, done or suffered, or to be had, made, 
 committed, done or suffered, in any wise whatsoever, by 
 Iiim the said A B, or by any other person or persona 
 whatsoever, having or lawfully claiming any estate, right, 
 title or interest of, in or to the same or any part or parcel 
 thereof. 
 
 And moreover, that he the said A B and his For further 
 heirs, and all and every other person or per- a9sunincc - 
 sons, having or lawfully claiming, any estate, right, title 
 or interest, of, in or to the said messuage, lot of ground 
 and premises, or any part or parcel thereof, by, from of 
 under him. shall and will, from time to time and al all 
 times hereafter, upon the reasonable request and at the 
 
DEEDS. 
 
 proper costs and charges of the said party of the second 
 part, his heirs or assigns, make, do, acknowledge, levy, 
 suffer and execute, or cause and procure to be made, 
 done acknowledged, levied, suffered and executed, all 
 and every such further and other act and acts, thing and 
 things, device and devices, conveyances and assurances 
 in the law whatsoever, for the further, better and more- 
 effectual conveying, settling and assuring of all ami sin- 
 gular the premises hereinbefore mentioned or intern led 
 to be herein conveyed with theirand every of their rights 
 members and appertenances to the only proper use ..nd 
 behoof of the said party of the second part, his heirs and 
 assigns forever, as by the said party of the second part, 
 his heirs or assigns, or his or their counsel learned in 
 the law, shall be reasonably devised, advised or required. 
 In witness whereof, the parties to these presents, have 
 hereunto interchangeably set their hands and seals, the 
 day and year first above written. 
 
 •5 Conveyance of Lands on Sale by Mortgage. 
 
 rilHl S Indenture, made the day of m the 
 
 A y ear ^ between A B of, &c. of the one part, and 
 C D of, &c. of the other part. Whereas E F of, £c. did 
 
 by a certain indenture of Mortgage, dated the day of 
 
 — in the year for the consideration of — bar- 
 
 gain and sell unto the said A B, and to his heirs and as- 
 signs forever, all that certain, &c. Together with all 
 and singular the hereditaments and appertenances there- 
 unto belonging ; To have and to hold the said granted 
 and bargained premises, with the appertenances unto the 
 aaid A B, his heirs and assigns, to the only proper use 
 and behoof of the said A B, his heirs and assigns forever ; 
 Provided nevertheless, and the said indenture of mort- 
 gage w as there' >y declared to be upon condition, that if 
 the said E F, his heirs, executors or administrators, 
 should well at-«i truly pay unto the said A B, his execu- 
 tors, administrators or assigns, the just and full sum of 
 
 with lawful interest for the same, on or before the 
 
 — - i\ny of in the year of according to the 
 
 condition of a certain bond or writing oblig.ilory, bearing 
 £ven date with the said indenture of mortgage, that then 
 
DEEDS. 
 
 G5 
 
 and in &uch case the said indenture and the said writing 
 obligatory should be void and of no effect : And the said 
 E F did by the said indenture, for himself, his heirs und 
 assigns, agree with the said A B his heirs, executors, 
 administrators and assigns, that in case it should so hap- 
 pen that the said sum of and the interest for the 
 
 same, should be due and unpaid at the time limited for 
 the payment thereof, in the whole or in part thereof, that 
 then ii should and mi^ht ^ e lawful for the said A B, his 
 heirs or assigns, at any time after default in payment, to 
 bargain, sell and dispose of the said mortgaged prem- 
 ises, with the appertenances, at public vendue, and out of 
 the monies to arise from the sale thereof, to retain and 
 
 keep the said sum of dollars, and the interest, or so 
 
 much thereof as might be due, together with the costs 
 and charges of such sale or sales, rendering the overplus 
 money, if any, to the said E F, his heirs, executor*, ad- 
 ministrators or assigns : And ivhereas the said E F did 
 not pay to the said A Bthe said sum of money, with the 
 interest, at the time limited for payment or at any time 
 since: and the said A B hath therefore in pursuance of 
 the authority so given to him as aforesaid, and according 
 to the statute in such case made and provided, caused 
 the premises to be advertised and s >ld at public auction 
 and the same has been struck off to the said C D, for 
 — being the highest sum bid for the same. 
 
 Now therefore, this indenture witnesseth, that the said 
 A B in pursuance of the power and statute aforesaid and 
 
 also for and in consideration of the said sum of to him 
 
 in hand paid by the said C D at and before the ensealing 
 and delivery hereof, the receipt whereof is hereby ac- 
 knowledged, hath granted, bargained, aliened, released 
 and confirmed, and by these presents, doth grant, bar- 
 gain, sell, alien, release and confirm unto the said C D, 
 and to his heirs and assigns for ever, all the farm, piece 
 or parcel of land, above mentioned together with the he- 
 reditaments and appertenances, as the same is described 
 and conveyed by said indenture of mortgage ; and all the 
 estate, right, title, interest, claim and demand at law and in 
 equity of him the said A B, and also of the said E F as 
 far forth as the said A B, hath power to grant and convey 
 the same, of in and to the premises and every part and 
 parcel thereof ; to have and to hold the said above granted 
 
94 
 
 DEEDS. 
 
 t 
 
 and bargained premises with the appertenances, unto lite 
 said C D, his heirs and assigns, to the sole and anly prop- 
 er use and behoof of the said C D, his heirs and assigns 
 forever. In witness whereof, the parties have hereunto 
 set their hands and seals the day and year first above 
 written. Sealed &c. 
 
 A Sheriff's Deed. 
 
 TO all to whom these presents shall come, I, AB 
 Sheriff of send greeting. Whereas by a writ 
 
 of execution issued out of the supreme court of the state of 
 
 New- York to me directed and delivered, tested the day 
 
 of in the year I was commanded to make ofthe 
 
 goods and chattels of C D in my bailiwick $ which 
 E F had recovered against him in the said court, for his 
 damages which he had sustained as well by reason of 
 the non-performance of certain promises as for his costs 
 and charges, and that if sufficient goods and chattels 
 could not be found, that then I should cause the said 
 damages to be made of the lands and tenements whereof 
 
 the said C D was seized on the day of in the 
 
 year ■— or at any time afterwards in whose hands soev- 
 er the same might be, as by the said writ of execution 
 reference being thereunto had more fully appears. And 
 whereas after the coming of the said writ to me and before 
 the day of the return thereof, I did by virtue of the said 
 writ seize and take the lands hereinafter particularly dis- 
 cribed, and have for want of goods and chattels in my 
 bailiwick of the said C D, to satisfy the said damages, 
 sold the said lands as is hereinafter mentioned at public 
 auction according to the statutes in such case provided 
 
 to G H for being the highest sum bid for the s me. 
 
 Now know ye, that I the said A B the sheriff aforesaid, 
 by virtue of the said writ of execution and of the statutes 
 in such case made and provided, in consideration of the 
 said sum of — —to me in hand paid by the said G H, the 
 receipt whereof is hereby acknowledged, have granted, 
 bargained and sold, and by these presents do grant, bar- 
 gain >nd sell unto the said G H, and to his heirs and as- 
 signs i - ever, all with its appertenances, aud all the 
 
 estat £ht, title and interest which the sai*'* i) had in 
 the said truci, piece and parcel of land, on the said — - 
 
DEEDS. 
 
 da y f i n the year ov at any time since had or 
 
 now hath. To have and to hold the said land and premi- 
 ses and every part thereof with the appertenances unto the 
 «£d G H, his heirs and assigns forever, as fully and abso- 
 lutely as I the said A B as sheriff aforesaid, and under the 
 authority aforesaid might, could or ought to sell and con- 
 vey the same. In witness, &c. 
 
 — , , , . — » ~ 
 
 CONVEYANCE BY LEASE AND RELEASE; 
 
 The Lease to precede the Release. 
 
 THIS Indenture made, &c. (the day before the date of 
 Release) between A B of of the one part, and 
 
 C D '>f of the other part, witnesseth, that the said 
 
 A B for and in consideration of the sum of one dollar to 
 him in hand paid by the said C D at or before the en- 
 sealing and delivery of these presents, the receipt where- 
 of is hereby acknowledged, hath granted, bargained and 
 eold, and by these presents doth grant, bargain and sell 
 unto the said C D, his executors, administrators and as- 
 signs, all that messuage, &c. and the reversion and rever- 
 sions, remainder and remainders, rents, issues and prof- 
 its of all and singular the said premises and every part 
 and parcel thereof, with the appertenances : To have and 
 to hold the said lands, hereditaments and premises above 
 granted, bargained and sold, and every part ami parcel 
 thereof, with the appertenances, unto the said C D, his 
 executors, administrators and assigns, from the day before 
 the day of the date hereof, for and during, and untd the 
 lull end and term of one whole year from thenceforth next 
 ensuing, and fully to be complete and ended: Yielding , 
 and paying therefor, at the expiration of the said year, 
 one pepper corn, if the same shall be lawfully demanded ; 
 to the intent, that by virtue of these presents, and by force 
 of the statute made for transferring of uses into possession, 
 he the said C D may be in the actual possession of all and 
 singular the said premises above bargained and sold, with 
 the appertenances, and be thereby enabled to take and ac- 
 cept of a grant and release of the reversion and inheritance 
 thereof to and his heirs, to, for and upon such uses, in- 
 tents and *|>oses, as in and by the said grant or release 
 shall be thereof directed or declared. In witness, Sec. 
 
96 
 
 DEEDS. 
 
 The Release. 
 
 THIS Indenture made between A B of of the 
 one part, and C D of of the other part, witness- 
 ed, that the said A B for and in consideration of the sum 
 
 of to him the said A B in hand well and truly paid, 
 
 at or before the ensealing and delivery of these pres- 
 ents, the receipt whereof he the said A B doth here- 
 by acknowledge, and thereof, and from every part and 
 parcel thereof doth release, and forever discharge the 
 said C D, his heirs, executors and administrators, and 
 every of them by these presents, hath granted, bargained, 
 sold, aliened, released and confirmed and by these pres- 
 ents, doth grant, bargain, sell, alien, release and confirm 
 unto the said C D (in his actual possession now being, 
 by virtue of a bargain and sale to him thereof made, for 
 one whole year, by indenture, bearing date the day next 
 before the day of the date of these presents, and by force 
 of the statute made for the transferring of uses into pos- 
 session :) and to his heirs and assigns, all that messuage, 
 &c. together with all easements, profits,, commodities, ad- 
 vantages, emoluments and hereditaments whatsoever, to 
 the same belonging, or in any wise appertaining, or which 
 to and with the same now are, or at any times heretofore 
 have been held, used, occupied, accepted, reputed taken 
 or known, as part, parcel or member thereof, or of any 
 part thereof ; and the reversion and reversions, remainder 
 and remainders, rents, issues and profits, of all and sin- 
 gular the said premises, and every part and parcel thereof, 
 with the appertenances, and also all the estate, right, ti- 
 tle, interest, property, claim and demand whatsoever, in 
 law or equity, of him the said A B, of in and to all and 
 singular the said premises above mentioned, and of, in and 
 to every part and parcel thereof, with the appertenances ; 
 To have audio hold all and singular the said messuages 
 or tenements, lands, hereditaments and premises above, 
 in and by these presents, released and confirmed, and ev- 
 ery part and parcel thereof, with the appertenances, unto 
 the said C D, his heirs and assigns, to the only proper use 
 and behoof of the said C D, his heirs and assigns forever : 
 (or to and for such intents and purposes as are hereinafter 
 mentioned, expressed and declared of and concerning the 
 same , that is to say ; expressing the uses at large.) 
 For the Covenants see Deed with full Covenant. 
 
DEEDS. 
 
 97 
 
 DEEDS OF FEOFFMENT. 
 
 Feoffment. 
 
 HP HIS Indenture, made between A B of of 
 
 the one part, and C D of of the other part, wit- 
 
 ne.-seth that for and in consideration of the sum of 
 to the said A B in hand well and truly paid, <kc. [as be- 
 fore in the release] he the said A B hath granted, bar- 
 gained, sold, aliened, enfeoffed and confirmed, and by 
 these presents doth grant, bargain, sell, alien, enfeoff anil 
 confirm unto the said C D, his heirs and assigns, all that, 
 &*c. [Here go on as in the release, until yen come to, To 
 have, &c] To have and to hold the Baid <fv:c. unto the said 
 C D his heirs and assigns, to the only proper use and 
 behoof of him thesaid C D, his heirs and assigns forever. 
 And the said A H, for himself, kc. [Covenants as in the 
 release']. And lastly, the said A B hath made, constituted 
 and appointed* and by these presents doth make, consti- 
 tute and appoint £ F of his true and lawful attor- 
 ney, for him and in his name, place and stead, info the 
 said and premises, with the appertenances, hereby- 
 granted and conveyed, or mentioned or intended so to be, 
 or into some part thereof in the name of the whole, to en- 
 ter, and full and peaceable possession and seisin thereof, 
 for him and in his name and stead, to take and have : and 
 after such possession and seisin thereof, taken and had, 
 the like full and peaceable possession and seisin thereof, 
 or of some part thereof in the name of the whole, uuto 
 thesaid C 1) or to his certain attorney, for the purpose 
 authorised, to give and deliver ; To hold unto him the 
 said C D, his heirs and assigns for ever, according to the 
 true intent and meaning of these presents: and the said 
 AB hereby ratifying, confirming ami allowing all and 
 whatsoever his said attornej r or attornies, or either of 
 them, shall lawfully do in the premises. 
 In w itness, &c« 
 
 I 
 
 / 
 
 wLm 
 
£8 
 
 DEEDS. 
 
 JL Memorandum of livery and seisin indorsed 
 on the Feoffment. 
 
 BE it remembered, that on the day of in the 
 year full, quiet, and peaceable possession and 
 
 seisin was had and taken of the messuage, Arc. within 
 
 mentioned by the attorney within named, and by him 
 
 delivered over unto the within to hold, &c. according 
 
 to the purport, intent and meaning of the within written 
 indenture. 
 
 DEEDS OF CONFIRMATION. 
 
 Gonfirmation from a person on attaining his 
 age of twenty one years, who was made a 
 party to a conveyanae before he was of age. 
 To be indorsed on the conveyance. 
 
 MEMORANDUM, That the within named C D was 
 not of age, at the time of making the within writ- 
 ten indenture, but hath now attained his full age of twenty- 
 one years : and did on this day of. seal and de- 
 liver this present indenture, in the presence of us. 
 
 Deed of Confirmation. 
 
 rpHIS INDENTURE, made, Sec. between C D of, &c. 
 
 a son and one of the heirs of E D, deceased, of the 
 one part, and A B of, &c. of the other part. Whereas by a 
 certain deed of bargain and sale, bearing date on or about, 
 &c. and made between E F and the said C D of the one 
 part, and the said A B of the other part, for the consid- 
 eration of five hundred dollars, the several messuages or 
 tenements therein mentioned, and hereinafter intended 
 to be released and confirmed, are thereby granted and 
 conveyed, or intended so to be, unto and to the use of the 
 said A B, his heirs and assigns forever, as by the said 
 indenture of bargain and sale relation being thereunto 
 had may more fully appear : And whereas the said C 
 D at the time of the date and making the said in part 
 
DEEDS. 
 
 recited indenture 'of bargain and sale, was not of the 
 age of twenty one years, but hath since attained to such 
 his age of twenty one years, and hath this day be- 
 fore the execution of these presents, duly sealed and de- 
 livered the said in part recited indenture of bargain and 
 sale. Now this indenture witnesseth, that as well 
 in performance of a covenant for further assurance in 
 the said indenture of bargain and sale contained, as also 
 for and in consideration of the sum of — dollars to him 
 the said C D in hand paid by the said A B at and before 
 the ensealing &c. being his full part and share of and in 
 the before mentioned sum of five hundred dollars agreed 
 to be paid for the purchase of the said messuages, tene- 
 ments and hereditaments, the receipt whereof he the said 
 C D doth hereby acknowledge, he the said C D hath re- 
 mised, released, aliened, and quit-claimed, and by these 
 presents doth absolutely remise, release, alien, and for- 
 ever quit-claim and confirm unto the said A B in his 
 actual possession now being by virtue of the before men- 
 tioned indenture of bargain and sale, and to his heirs and 
 assigns, all, Sec. To have and to hold unto and to the 
 use of the said A B, his heirs and assigns forever. (Jn- 
 sert a covenant that he lias done no act to incumber, except, 
 &c. and for further assurance, t£-c.) In witness, 6jc. 
 
 EXCHANGE. 
 A Deed of Exchange. 
 
 THIS Indenture made, cVc. between A B of, &e. or 
 the one part, and C D of, 6cc. of the other part, w it- 
 nessed ; that the said A B hath given and granted, and 
 by these presents doth give and grant, unto the said C D, 
 all, Sec. To have and to hold the said lands to the said 
 C D, his heirs and assigns forever, in exchauge for all. 
 &c. And the said C D hath given and granted, and by 
 these presents doth give and grant unto the said A B, the 
 said lauds last mentioned, To have and to hold the said 
 lands to the said A B, his heirs and assigns forever in ex- 
 change for the lands herein first above mentioned ; Pro- 
 vided always, and each of the said parties for himself; his 
 
100 
 
 DEEDS: 
 
 heirs and assigns doth grant and agree by these presents, 
 that if it shall happen that any of the lands before men- 
 tioned shall be evicted or taken awaj' out of the posses- 
 sion of either of the said parties, his heirs or assigns by 
 any person or persons, under any former right or title so 
 thai the exchange cannot continue, that then and from 
 thenceforth the said gift and grant in exchange, and of 
 each «»f the said parties shall be utterly void, and of none 
 effect; and that then it shall be lawful to each of the par- 
 ties, his heirs and assigns, after such eviction, to re-enter 
 into his said former lands, and the same to have again and 
 enjoy, in their former estate, any thing herein contained 
 to the contrary notwithstanding. In witness, &c. 
 
 Jin exchange of lands for a term of years. 
 
 THIS INDENTURE made, &c. between E P of, <£c 
 of the one part, and G H of, #c. of the other part. 
 Whereas the saidE Fis, and stands seized for tbe term 
 of,&c of and in the messuages, tenements and heredita- 
 ments first hereinafter mentioned to be hereby granted 
 and demised. And whereas the said G H is and stands 
 seized for the term of, &c. of and in the messuages, ten- 
 ements and hereditaments last hereinafter mentioned to 
 be hereby granted and demised. And Whereas the 
 said E F and G H are minded and agreed to exchange 
 with each other the aforesaid premises for and during 
 their joint lives. Now therefore far the end and pur- 
 pose aforesaid, this indenture witnesaeth, iliat for and in I 
 consideration of the grant and demise hereinafter made, 
 or mentioned to be made by the said G M to the said E F 
 and in consideration of one doilar, lawful money of, 8cc. 
 to the said E F in hand paid by the said G H at or before 
 the ensealing and delivery of these presents, the receipt 
 whereof is hereby acknowledged, he the said E F hath 
 given, granted, bargained, sold and demised, and by these 
 presents, doth give, grant, bargain, sell and demise unto 
 the said G H, his executors, administrators and assigns, 
 all that messuage with the appertenances, situated, &c. 
 together, &c. To have and hold the said messuage and 
 premises above mentioned, with the appertenances unto 
 the said G H, his executors, administrators and assigns, 
 from the — — day of last past, for and during, and 
 
DEEDS. 
 
 101 
 
 unto the full end and term of ninety-nine years, from 
 thence next ensuing, and fully to be complete and ended, 
 if the said E F and G H shall both of them so long 
 Jive. And this indenture furtlier witnesseth, that the said 
 G H in consideration of the said bargain and sale so made 
 unto him the said G H, by the said E F as aforesaid, and 
 in consideration of the sum of one dollar lawful money of, 
 he. to the said G H in hand paid by the said E F at or be- 
 fore, &c. the receipt, &c. hath given, granted, bargained, 
 sold and demised, and by these presents, doth give, grant, 
 bargain, sell and demise, unto the said E F, his execu- 
 tors, administrators and assigns, all that messuage, with 
 the apperte nances, situated, <£c. together, Sec. To hair 
 and to hold the said last mentioned messuage or tene- 
 ment and premises, with the appertenances, unto the 
 said E F, his executors, administrators and assigns, from 
 
 the said ~ day of last past, for and during, and 
 
 unto the full end and term of ninety-nine years, from 
 thence next ensuing, and fully to be complete and ended, 
 if the said G H and E F, shall both of them so long 
 live, in exchange for the said messuage, &c. first above 
 mentioned to be granted by the said E F to the said G H 
 in exchange, as aforesaid. And the said E F, for him- 
 self, his heirs, executors and administrators, doth cove- 
 nant, grant and agree, to and with the said G H, his ex- 
 ecutors, administrators and assigns, that he the said G H, 
 his executors, administrators and assigns, shall and may 
 from time to time and at all times hereafter, during the said 
 term hereby granted by the said E F as aforesaid, peaceably 
 and quietly have, hold, occupy, possess and enjoy the said 
 messuage, 8cc. and other the premises first above men- 
 tioned, with the appertenances, without the let, suit, 
 trouble, hindrance, molestation, interruption, eviction, or 
 disturbance of him the said E F, his executors, or admin- 
 istrators, or any of them, or of or from any other per- 
 son or persons whomsoever, lawfully claiming or to claim, 
 by, from or under him, them or any of them : And also 
 th.it he the said E F hath not at any time heretofore 
 made, done, committed, or suffered any act, matter or 
 thing 'viiaf soever, whereby or by means whereof the said 
 mes <re, tenement and premises first herein before 
 granted and demised, O! intended so to be, or any of them, 
 0* any part or parcel thereof, is, are, shall or may be im- 
 
 1% 
 
102T DEEDS. 
 
 peached, charged or incumbered, in title, charge, estate 
 or otherwise howsoever during the estate hereby grant- 
 ed. And also that he the said E F and all and every 
 person and persons claiming or to claim, from, by or un- 
 der, or in trust for him, shali and will from time to lime, 
 and at all times hereafter, during the estate hereby grant- 
 ed, upon every reasonable request and at the costs and 
 charges of the said G H, or his, <fcc. make, do and execute, 
 or cause to be made, done and executed all further and 
 other lawful and reasonable acts, deeds and things, for the 
 further and better granting and demising of the same 
 messuage, tenement and premises unto the said G H,his 
 executors, administrators and assigns for anil during the 
 residue which shall then be to come of the said first men- 
 tioned term of ninety nine years. And the said G H, for 
 himself, &c% [Here insert from G H to E F the like cov- 
 enants as to the quiet enjoyment &c. of the last mentioned 
 messuage &c. sold by lum.] Provided always, neverthe- 
 less, and these presents are upon this condition, and it is 
 the irue intent and meaning of the parties hereunto, that 
 if it shall happen, that either of the said parties to these 
 presents, their executors, administrators or assigns, shall 
 at any time hereafter, during the said respective terms 
 above granted, by colour or means of any former or other 
 gift, grant, bargain or sale or otherwise howsoever, be 
 jousted or evicted of and from the possession of either of 
 the said messuages or tenements, and other the premises 
 so respectively granted in exchange as aforesaid, or any 
 part thereof, then and in such case, these presents, and 
 every matter and thing therein contained, shall be utterly 
 void, and of none effect, and then and thereafter it shall 
 and may be lawful to and for the party or parties so oust- 
 ed or evicted, into his or their said former messuage m 
 
 and premises, with all and singular the appertenances to 
 re-enter, and the same to have again, repossess and enjoy, 
 as of his and their former estate or estates : any thing 
 herein contained to the contrary thereof in any wise not- 
 withstanding. In witness, &c. 
 
DEEDS. 
 
 103 
 
 DEED3 OF GIFT. 
 
 A Gift of Lands. 
 
 HP HIS Indenture, made, <£c. between E F of of 
 
 the one part, and G H, son of the said EF of the otfag 
 er part, witnesseth that the said E F as well for and in 
 consideration of the natural love and affection which he 
 the said E F, hath and beareth unto the said G H, as 
 also for the better maintenance, support and livelihood of 
 him the said G H, hath given, granted, aliened, enfeoffed, 
 and confirmed, and by these presents, doth givr, grant, al- 
 ien, enfeofi'and confirm, unto the said G H, his heirs, and 
 assigns, all that messuage* &c. Together with all ami 
 singular the hereditaments and appertenances thereunto 
 belonging, or in any wise appertaining ; and the rever- 
 sion and reversions, remainder and remainders, rents, is- 
 sues and profits thereof and all the estate, right, title, in- 
 terest, property, claim and demand whatsoever of him 
 the said E F, of, in and to the said messuage, tenements 
 and premises, and of, in and to every pari and parcel 
 thereof, with their and every of their appertenances : To 
 have and to hold the said messuage, tenements, here- 
 ditaments, and all and singular the premises hereby 
 granted and confirmed, or mentioned or intended so to 
 be with their and every of their appertenances, onto the 
 said G H, his heirs and assigns, to the only proper 
 use and behoof of him the said G H, his heirs and as- 
 signs forever. And the said E F, for himsc If, his heirs, 
 executors and administrators, doth covenant, grant and 
 agree to and with the said G H,his heirs and assigns, by 
 these presents, that he the said G H, his heirs and assigns, 
 shall and lawfully majv'rom time to time, and at all times 
 hereafter, peaceably and quietly have, hold, use, occupy, 
 possess and enjoy the said messuage, farm, land-, tene- 
 ments, hereditaments and premises hereby granted and 
 confirmed, or mentioned, or intended to be hereby grant- 
 ed and confirmed, with their and every of their apperte- 
 nances, free, clear and fully discharged, or well and suffi- 
 ciently saved, kept harmless and indemnified, of, from and 
 against all former and other gifts, grants, bargains, sales, 
 jointures, feoffments, dowers and estates, and of, from and 
 against all former and other titles, troubles., charges and 
 
104 
 
 DEEDS. 
 
 incumbrances whatsoever, had, done, or suffered, or to be 
 had, made, done, or suffered by him the said E F, his 
 heirs or assigns, or any other person or persons, lawfully 
 claiming or to claim, by, from, or under him, them or any 
 of them. In witness, &c. 
 
 DEEDS OF PARTITION. 
 A Partition of Lands descended. 
 
 7THHIS Indenture made the day of in the 
 
 year Between A B, of, &c and C his wife one 
 
 of the daughters and heirs of D E late of, &c. of the one 
 part and F G, widow, sister of the said C, another of the 
 daughters and heirs of the said D E of the other part, 
 witnesseth, that it is covenanted, granted and agreed be- 
 tween the parties, for a partition to be had and made of 
 the inheritance of the lands, tenements and hereditaments, 
 which descended to the said A and F in coparcenary by 
 and after the death of their father the said D E in man- 
 ner and form following. First, it is covenanted and grant- 
 ed between the said parties, and the said F doth grant by 
 these presents, that the said A B and C his wife in the 
 right of the said C, shall have for their part and purpar- 
 ty of the aforesaid lands, tenements and hereditaments, 
 all, &c. {describing ike share) which the said A B and C 
 his wife, as in the right of the said C shall have and enjoy, 
 to her and her heirs in full recompense and allowance of 
 and for her part and purparty that to her belongeth or 
 ought to belong of all the said lands, tenements and her- 
 editaments by and after the decease of the said D E as 
 one of his daughters and heirs. Second, it is in like man- 
 ner covenanted ami granted between the said parties, and 
 the said A B and C his wife doth grant by these present?, 
 that the said F shall have for her part and purparty of the 
 aforesaid lands, tenements and hereditaments, all, &c.. 
 (describing: the share) which the said F shall have ant! 
 enjoy to her and her heirs;, &C. (as before.) 
 In witness, &c. 
 
DEEDS. 
 
 105 
 
 A Partition between Tenants in common. 
 
 r"|pHIS Indenture made, &c. between A h of, &c. of 
 X the one part, and C D of, &c. of the other part, wit- 
 nessed, that whereas they the said A B and C D have 
 and hold in common, and as tenants in common in equal 
 parts, All, &c. It is covenanted, granted, concluded and 
 agreed by and between the said parties, and each of them 
 covenants, grants, concludes and agrees for himself, his 
 heirs and assigns, that a partition of the said lands and oth- 
 er premises shall be made between the said parties to these 
 presents in manner and form following, that is to say : 
 
 First, the said A B shall from henceforth, have, hold, 
 possess and enjoy in severalty by himself, and to him and 
 liis heirs and assigns, for his half part purparty, share and 
 proportion of the said lands and premises, All, &c. To- 
 gether with all and singular the hereditaments and apper* 
 tenances thereunto belonging, and the reversion and re- 
 versions, remainder and remainders, rents, issues and prof- 
 its thereof. 
 
 And the said C D doth accordingly gi'~e, grant, re- 
 lease and confirm unto the said A B, his heirs and ; ssigns x 
 the lands and premises so as aforesaid set apart to the said 
 A B, as and for his part and share aforesaid : and more- 
 over the saidC D, for himself, his heirs, executors and ad- 
 ministrators, doth hereby covenant to and with the said 
 A 15, his heirs and assigns, that he the said A B, his heirs 
 and assigns, shall and mny from time to time, a. id at all 
 limes hereafter, well and peaceably have, hold, possess and 
 enjoy the lands and premises hereinbefore assigned and 
 conveyed to the said A B, for his part and share r.s afore- 
 said, free, clear and discharged of and from all estates, 
 rights, lilies, interests, charges and incumbrances whatso- 
 ever, had, made, caused or suffered, or to be made, caused 
 or suffered, of or by the said C D, or any person claiming or 
 to claim, by, from or under him, and without any let, 
 trouble, suit, entry, disturbance or interruption of the said 
 C D, his heirs or assigns, or of any person or persons law- 
 fully claiming or to claim, by, from or under him, them or 
 any of them. 
 
 Second, the said C D shall from henceforth have, hold, 
 possess and enjoy in severalty by himself, Sic. (proceed to 
 set out his share as above, and add the covenants.) 
 In witness, Sic. 
 
 #■ 
 
106 DEEDS. 
 
 DEEDS OF SURRENDER. 
 
 Surrender of a term of years to the person 
 having the Reversion. 
 
 THIS Indenture made the day of between 
 A B of &c. of the one part, and C D, &c. of the other 
 part. Whereas the said C D, by his indenture of lease 
 bearing date, &c. did demise, set, and to farm let, &c. (re- 
 citing the property and the term as in the lease.) Now 
 
 these presents witness, that for and in consideration of 
 
 to the said A B in hand paid, at the sealing and delivery 
 of these presents by the said C D, and to the intent and 
 purpose that the said term in the said lands and premises, 
 may be wholly merged and extinguished, he the said A B 
 hath given, granted and surrendered, and by these presents 
 doth give, grant and surrender ^ unto the said C D, and his 
 heirs, all the said lands and premises in the said indenture 
 of lease contained and demised as aforesaid, and all the 
 estate, right, title, interest, term of years, property, claim 
 and demand whatsoever of him the said A B, of, in, to, or 
 out of the same or any part or parcel thereof: — To have 
 and to hold the said lands and premises, to the said C D, 
 his heirs and assigns, and to his and their only proper use 
 and behoof. 
 
 And the said A B, doth hereby for himself, his heirs, ex- 
 ecutors and administrators, covenant and agree to and with 
 the said C D, his heirs and assigns, that he the said A B 
 hath not at any time heretofore made, done, committed, 
 executed, permitted or suffered any act, deed, matter or 
 thing whatsoever, whereby or wherewith or by reason or 
 means whereof the said lands and premises hereby assigned 
 or surrendered or any part or parcel thereof, are, or is, or 
 may, can or shall be any ways impeached, charged, affect- 
 ed or incumbered. In witness, &c. 
 
 Surrender of a Lease by Indorsement. 
 
 7 HERE AS the within named A B hath lately sold 
 the freehold and inheritance of the land and prem- 
 ises by the within Indenture, demised to C D, and the 
 same have been conveyed to him the said C D, his heirs 
 and assigns ferever : — Now r know all men by these pres-^ 
 
 ■ 
 
DEEDS. 
 
 107 
 
 ents that iu consideration of to the within named E F 
 
 by ihe said C D in hand paid at the sealing and delivery 
 of these presenls, he the said E F, at the request and de- 
 sire, and upon the acceptance of the saidC D,hath bargain- 
 ed, sold, surrendered, yielded and given up, and by these 
 presents doth bargain, sell, surrender, yield and give up un- 
 to the said C D and his heirs, all and singular, the lands and 
 premises by the within written indenture demised or men- 
 tioned, or intended so to be ; and all the estate, right, title, 
 interest, term of years, property, claim, and demand, of him 
 the said E F of, in, or to the same or any part or parcel 
 thereof, to the end and intent that the residue and remain- 
 der of the within mentioned term may become and be merg- 
 ed and extinguished in the estate of freehold vested in the 
 said C D, of and in the said lands and premises. — And the 
 said E F doth hereby &c. {Covenant as before.) 
 In witness, &c. 
 
 Surrender of a Lease, to the Lessor by 
 Indorsement. 
 
 KNOW all men by these presents that I the within 
 named A B, in consideration of to me in hand 
 
 paid, at and before the ensealing and delivery of these 
 presents, do for me, my executors and administrators, bar- 
 gain, sell, surrender and yield up from the day of the date 
 hereof, unto the within named C D, and his heirs (or his 
 executors and administrators) as well the within Indenture 
 ©f lease as the lands and premises therein mentioned and 
 the term of years therein yet to come, with all my right, 
 title and interest thereto, and that free and clear of all in- 
 cumbrances of what kind soever at any time, by me or by 
 my privity, consent or procurement, done, committed 01 
 suffered. In witness, &c. 
 
108 
 
 DEEDS. 
 
 DEEDS OP RELEASE. 
 
 Release by a Mortgagee to the Mortgagor, of 
 part of the mortgaged lands, part of the mo- 
 ne?j being paid. 
 
 THIS Indenture made this day of between 
 A B of, &c. and C D of, &c. Whereas the said C D 
 
 by his Indenture of mortgage bearing date the day of 
 
 did for the consideration therein specified and for se- 
 curing the payment of the monies therein mentioned, con- 
 vey to the said A B certain lands situate at and 
 
 of which the lands hereinafter contained are part and 
 parcel. And whereas the said C D, hath on the day of 
 
 the date hereof paid unto the said A B, the sum of 
 
 part of the monies so intended to be secured, and all inter- 
 est due and owing for the whole principal money, so that 
 there is due to the said A B upon the said security the sum 
 
 of principal money, and no more. And whereas the 
 
 said A B at the desire and request of the said C D, hath 
 agreed to surrender and release to the said C D, his heirs 
 and assigns, the lauds hereinafter described, and to accept 
 and take the residue of the mortgaged lands as his security 
 for the sum remaining due as aforesaid, and the interest 
 thereof. Now these presents witness that the said A B in 
 pursuance of the said agreement, and in consideration of 
 one doilar to him in hand paid at and before the ensealing 
 and delivery of these presents by the said C D, hath grant- 
 ed, released, assigned, and made over, and by these pres- 
 ents doth grant, release, assign and make over to the said 
 C D, and to his heirs and assigns all the part of the said 
 mortgaged lands, described and bounded as follows, that is 
 to say, &c. with the hereditaments and appertenances to 
 the same belonging, and all the right, title and interest of 
 the said A B, of, in or to the same, to the intent that the 
 lands aforesaid and hereby conveyed may be discharged 
 from the said mortgage so that the rest of the lands in the 
 said mortgage specified may remain to the said A B as 
 heretofore. To have and to hold the lands and premises 
 hereby released and conveyed to the said C D, his heirs and 
 assigns, to his and their only proper use and behoof for- 
 ever. In witness, &c. 
 
DEEDS. 109 
 
 % 
 
 Release of Bower. 
 
 TO all to whom these presents shall come, A B of, &c. 
 relict of B B late of, Sec. send greeting : Know ye, 
 
 that the said A B, for and in consideration of to her 
 
 in hand paid at or before the ensealing and delivery of 
 these presents, by her son C B of, &c. hath granted, remis- 
 ed, released and forever quit-claimed, and by these pres- 
 ents doth grant, remise, release and forever quit-claim 
 unto the said C B, his heirs and assigns forever, all the 
 dower and tlnrds, right and title of dower and thirds, and 
 all other right, title, interest, property, claim and demand 
 whatsoever, in law and equity of her the said A B, of, 
 in and to (a certain parcel of land, &c. crjfthe release is 
 intended to be a general one say) all and every the mes- 
 suages, lauds, tenements and real estate whereof the said 
 B B died seized or possessed, or- whereof he was seized 
 or possessed, at the time of his intermarriage with the said 
 A B, or at any time since, wheresoever the same may lie 
 and be situate so that she the said A B, her heirs, execu- 
 tors, administrators or assigns, nor any other person or 
 persons, for her, them, or any of them, have, claim, chal- 
 lenge or demand, or pretend to have, claim, challenge or 
 demand any dower or thirds, or any other right, title, 
 claim or demand, of, in or to the same, or any part or par- 
 cel thereof, In whosesoever hands, seisen or possession, 
 the same may or can be, but thereof and therefrom shall 
 be utterly barred and excluded forever by these presents. 
 In witness, &c. 
 
 Release of Dower by indorsement on a Deed. 
 
 KNOW all men by these presents, that A B the widow 
 and relict of the within named C 13 lately deceased, 
 in consideration of the sum of ten dollars, to her in hand 
 paid by the within named E F, of, he. at or before the 
 execution of these presents, the receipt whereof, &c. 
 and for divers other good causes and considerations, her 
 thereunto moving, hath remised, released, and forever 
 quit-claimed, and by these presents doth, for herself, her 
 heirs, executors and administrators, remise, release and 
 forever quit-claim unto the said E F, his heirs and as- 
 signs, all the dower, and right, and title of dowtr, and all 
 K 
 
no 
 
 DEEDS. 
 
 other the estate, right, title, interest, claim and demand 
 whatsoever, both at law and in equity, of her the said A 
 B which she now hath, or which she, her heirs, execu- 
 tors or administrators, can or may at any time hereafter 
 have, claim or demand of, in, to or out of all and singu- 
 lar the said lands and premises, by the within indenture 
 conveyed, or mentioned, or intended so to be, or their ap- 
 pertenances, or any part thereof, so that she the said A B, 
 her heirs, executors and administrators, or any of them 
 shall not, nor will, at any time hereafter, have, claim or 
 pretend to any such dower, or right or title of dower, or 
 other estate, right, title, interest, pretence, claim or de- 
 mand, as aforesaid, of, in, to or out of the said premises, or 
 any part thereof, with their appertenances, but of, and from 
 the same, and every part thereof, shall and will be from 
 henceforth utterly debarred and excluded forever, by 
 t hese presents. In witness, &c. 
 
 Release from a Mortgagor to the Mortgagee 
 in fee, in consideration of the money due on 
 the mortgage. 
 
 THIS Indenture made &c. between O \V of &c. of 
 the first part, and I D, of &c. of the second part. 
 Whereas by a certain indenture of mortgage bearing 
 date the day of the saidO W for the consider- 
 ation therein specified, and also for securing the payment 
 of the monies therein mentioned, did bargain and sell to 
 the said I D, and to his heirs and assigns, All that cer- 
 tain piece, parcel or lot of land and premises herein after 
 mentioned, subject to a proviso in the said indenture of 
 mortgage contained, for redemption of the said land and 
 premises, on payment of the sum of — dollars with the 
 interest thereof, by the said O W, his heirs, executors or 
 administrators, unto the said I D, his executors, adminis- 
 trators or assigns, on or before the ■ day of as by 
 
 the said in part recited indenture, relation being there- 
 unto had may more at large appear. And whereas the 
 said I D,hath contracted and agreed with the said O W, 
 for the absolute purchase of the said mortgaged lands and 
 premises with thf appertenances, and all his the said 
 
DEEDS 
 
 Hi 
 
 W's right, title, claim, interest and equity of redemption 
 of. in and to the said land and premises for the sum of— — 
 dollars, which is the sum now due and owing on the a- 
 foresaid mortgage : And it hath thereupon been agreed 
 by and between the said O W and I D, that in considera- 
 tion of the said sum of dollars, due and owing on the 
 
 aforesaid mortgage, he the said O W should grant, re- 
 lease, and absolutely convey the said lot of land and 
 premises, and that the said I D should release, acquit and 
 discharge the said O W, his executors and administrators 
 of and from the payment of all and every part of the said 
 sum of dollars and the interest thereof, due and ow- 
 ing on the said mortgage as aforesaid. N©w this in- 
 denture witnesseth, that in pursuance and performance 
 of the said recited agreements, and for, and in considera- 
 tion of the said sum of — — dollars so due and owing to 
 the said I D on the said in part recited mortgage, and 
 security as aforesaid, and in full discharge and satisfaction, 
 of the same, and for the further consideration of five dol- 
 lars, lawful money as aforesaid, to the said O W, in hand 
 paid by the said I D, at or before the ensealing and de- 
 livery of these presents, the receipt whereof is hereby 
 acknowledged, and the said I B, thereof and therefrom 
 released and discharged, he the said O W, hath granted, 
 bargained, sold, aliened, released, conveyed and confirm- 
 ed, and by these presents doth absolutely grant, bargain, 
 sell, alien, release, convey and confirm unto the said 1 D, 
 and to his heirs and assigns, ALL that, &c. TOGETH- 
 ER with all and singular the appertenances, privileges, 
 advantages, and hereditaments whatsoever unto the said 
 premises in any wise appertaining or belonging ; and the 
 reversion and reversions, remainder and remainders, 
 rents, issues and profit thereof, AND ALSO all the estate, 
 right, title, interest, claim and demand whatsoever, as well 
 in law as in equity, of him the said O W, of, in or to the 
 said premises, hereby granted and released, or mentioned 
 and intended so to be, and everv part and parcel thereof, 
 with the appertenances ; TO HAVE AND TO HOLD 
 the said granted and bargained premises, with their and 
 every of their appertenances unto the said I D, his heirs 
 and assigns, To and for the only proper use and behoof 
 of him the said I D, his heirs and assigns forever: 
 FREED, and absolutely discharged of, and from all right 
 
112 
 
 DEEDS. 
 
 and equity of redemption ; and the said W for him- 
 self, his heirs, executors and administrators, doth cov- 
 enant, grant, promise and agree, to and with the said 
 I D, his heirs and assigns, that he the said O W, at the 
 time of the sealing and delivery of these presents, hath, 
 in himself, good right, full power and lawful and absolute 
 authority to grant, release and convey the said premises 
 herein before granted and released, or mentioned, or in- 
 tended so to be, with their appertenances, unto the said I 
 D, his heirs and assigns to his and their use in manner a- 
 foresaid ; and that the said I D, his heirs and assigns 
 shall and may, at all times hereafter, peaceably and quiet- 
 ly, enter into, have, hold, occupy and enjoy the above 
 granted and released premises, and every part thereof, with 
 the appertenances, without any let, suit, trouble, molesta- 
 tion, eviction or disturbance of the said O W, his heirs 
 or assigns, or of any other person lawfully claiming or 
 to claim any estate, right, title or interest at law or in e- 
 quity cf, in or to the said premises, by, from, or under 
 him, or them, or any of them: And that free, clear, dis- 
 charged and unincumbered, of, and from all former and 
 other titles, charges, estates, and incumbrances, of what 
 nature or kind soever, had, made, done, committed, oc- 
 casioned, or suffered, or to be had, made, done, commit- 
 ted, occasioned, or suffered by the said O W, his heirs 
 and assigns or by any other person or persons whomsoev- 
 er, any thing having or claiming in the said premises. 
 AND also the said O W, and his heirs, and all and every 
 other person or persons w homsoever, lawfully or equitably 
 deriving any estate, right, title, or interest, of, in, or to the 
 herein before granted and released premises, or any part 
 thereof, from, by, under or in trust for him, them, or any 
 of them, shall and will, from time to time, and at all times 
 hereafter, upon the reasonable request, and at the proper 
 costs and charges, in the law, of the said I D, his heirs and 
 assigns, make, do, and execute, or cause or procure to be 
 made, done and executed, all and every such further and 
 other lawful and reasonable acts, deeds, conveyances and 
 assurances in the law, for the further, better, more abso- 
 lutely, and effectually vesting and confirming the premises 
 hereby intended t© be granted and released, with the ap- 
 pertenances, in and to the said I D, his heirs and assigns 
 forever, as by the said I D, his heirs or assigns, or his 
 
GIFTS AND GRANTS. 
 
 113 
 
 or their counsel, learned in the law, shall be reasonably 
 devised, advised or required. And also that the said O 
 W, and his heirs the above described and hereby grant- 
 ed and released premises, and every part thereof, with 
 the appertenances unto the said I D, his heirs and as- 
 signs, against the said O W, and his heirs, and against 
 all persons whomsoever shall and will WARRANT and 
 by these presents forever DEFEND. — In witness, £c. 
 
 GIFTS AND GRANTS, 
 
 PRACTICAL REMARKS. 
 
 A deed of gift, is properly applied to the creation of an 
 estate in tail ; but as understood generally, it is a dona- 
 tion, or a conveyance of property, without any money con- 
 sideration. 
 
 Generally speaking, some consideration is necessary, 
 to give effect to the deed; this consideration may be val- 
 uable, as money, or °;ood, as of blood. 
 
 In the common conveyancing of the country, a deed, 
 with the lalter consideration, is called by lawyers, a cov- 
 enant to stand seized to uses. In form, it differs but 
 little from the bargin and sale, or the deed with cove- 
 nants. 
 
 Under the present head will be given, a few forms of 
 gifts, of personal property. The form of a gift of real 
 property, will be found underthe head of deeds. 
 
 A grant in conveyancing, is a deed by which certain 
 rights issuing out of, or attached to real estates, are cre- 
 ated or transferred; such as annuities. 
 
 Any license, however, in writing, may be termed a 
 grant. 
 
 A Deed of a personal estate. 
 
 KNOW all men by these presents, That I, A B of, &c. 
 . in consideration of the natural love and affection 
 which I have and bear for my sister C B 5 and also for tli- 
 K 2 
 
114 
 
 GIFTS AND GRANTS. 
 
 vers other good causes and considerations, me the said 
 A B hereunto moving, Have given, granted and conG rul- 
 ed, and by these presents Do give, grant and confirm unto 
 the said C B all and singular my goods, chattels, leases 
 and personal estate whatsoever, in whose hands, custody 
 or possession soever they be ; To have, hold and enjoy all 
 and singular the said goods, chattels and personal estate 
 aforesaid, unto the said C B, her executors, administra- 
 tors and assigns, to the only proper use and behoof of the 
 said C B, her executors, administrators and assigns for- 
 ever. And I the said A B all and singular the said goods, 
 ch tt Is, personal estate and other the premises to the 
 said C B, her executors, administrators and assigns, a- 
 gainst me the said A B, my executors and administrators 
 and all and every other person and persons whatsoever, 
 shall and will warrant, and forever defend by these pres- 
 ents ; of all and singular which said goods, chattels, per- 
 sonal estate and other the premises, I the said A B have 
 put the said C B in full possession by delivering to her 
 one pewter dish, at the time of the sealing and delivery 
 of these presents, in the name of the whole premises here- 
 by granted. In witness, &c. 
 
 Deed of gift by a father to a son of his personal 
 property. The son to pay his father's debts, 
 and to allow him an annual sum ; on default 
 of payment the father to re-enter, §*c. 
 
 THIS indenture made the &c. Between A B of, &c. 
 of the one part, and C B of &c. of the other part. 
 Whereas the said A B. being the father of the said C 
 Bby reason of his age and infirmities, is not capable of 
 attending to his estate and affairs as formerly, and has 
 therefore agreed for advancement of the said C B, to 
 make over his property to the said C B, so that the said 
 C B should «iay the debts of the said A B, and afford him 
 a maintenance as is hereinafter mentioned ; Now this in 
 denture witnesseth, that the said A B, in order to carry 
 the said isrre^ment into effect, and in consideration of the 
 nat'iri 1 love and affection which he hath for and towards 
 his son the said C B, and of the provisoes, covenants and 
 
GIFTS AND GRANTS. 
 
 115 
 
 agreements hereinafter mentioned by the said G B, to be 
 observed and performed, hath given, granted, bargained* 
 sold and assigned, and by these presents, doth give, grant, 
 bargain, sell and assign unto the said C B, his executors, 
 administrators and assigns, all and singular his household 
 goods, implements of household, stock in trade, debts, 
 rights, credits and personal estate whereof he is now pos- 
 sessed, or anyways interested in or entitled unto, of what 
 nature or kind soever the same are, or wheresoever or in 
 whosesoever hands they be or may be found, with their 
 and every of their rights, members and appertenances ; 
 To have and to hold the said goods, household sluff, 
 stock in trade, debts, rights and personal estate, and oth- 
 er the premises unto the said C B, his executors, admin- 
 istrators and assigns forever, without rendering any ac- 
 count or being therefor in any wise accountable to the 
 said A B, his heirs, executors or administrators for the 
 same. 
 
 And the said C B, for himself, his heirs, executors and 
 administrators doth covenant, promise, grant and agree to 
 and with the said A B, his executors, administrators and 
 assigns in manner and form following, that is to say : that 
 he the said C B, his heirs, executors and adminstrators, 
 shall and will settle, pay, discharge and satisfy, or cause 
 to be settled, paid, discharged and satisfied, all accounts, 
 debts, judgments and demands of every nature and kind 
 whatsoever, now outstanding, against, or now due, from, 
 or payable by the said A B, or for the payment of w hich 
 the said A B shall be liable or be held liable, either at 
 law or in equity, on account of any matter, cause or thing 
 heretofore had, suffered, done or performed, and at all 
 times hereafter free, discharge, atd keep harmless and 
 indemnified the said A B, his heirs, executors and ad- 
 ministrators from all and every such accounts, debts, 
 judgments and demands, and from all actions, suits and 
 damages, that may to him or them arise, by reason of 
 the nonpayment thereof: and moreover that he the 
 said C B, his heirs, executors and administrators shall 
 and will yearly, and every year during the term of the 
 natural life of the said A B, by four equal quarterly pay- 
 ments, the first to begin on the day of next, 
 
 well and truly pay, or cause to be paid to the said A B, 
 or his assigns, the sum of — — for or towards his support 
 
GIFTS AFD GRANTS. 
 
 or maintenance, or find and provide for him sufficient 
 meat, drink, washing, lodging, apparel and attendance, 
 suitable to his state and situation at the choice and elec- 
 tion, from time to time of the said A B. 
 
 Provided always and upon this condition, and it is the 
 true intent and meaning of these presents that if the said 
 C B, his heirs, executors or administrator?, shall neglect or 
 refuse to pay the said accounts, debts, judgments, and de- 
 mands according to his covenant aforesaid, or shall suffer 
 the said A B to be put to any cost, charge, trouble, or ex- 
 pense, on account of the same, or shall neglect or refuse 
 to pay the said annual sum in manner aforesaid, or to find 
 and provide for the said A B as aforesaid, that then, in all, 
 anv,or either of the cases aforesaid, it shall and may be 
 lawful to and for the said A B, all and singular the premi- 
 ses hereby granted to take, re-possess and enjoy, as in his 
 former estate. In witness, &c. 
 
 Deed of Gift of Goods to be used by the Giver 
 during Life. 
 
 KNOW all men by these presents that I, M B of 
 — in consideration of the natural love and affec- 
 tion which I have and bear to my nephew F S of and 
 
 fgr and towards the better support and maintenance of him 
 after my decease, and for divers other good causes, and 
 valuable considerations me thereunto especially moving, 
 have given, granted and sold, and by these presents do 
 give, grant and sell unto the said F S, all arwl singular my 
 goods and chattels whatsoever and wheresoever, and of 
 w hat nature, sort or kind soever ; To have and to hold 
 the said goods and chattels hereby granted, bargained and 
 sold, and every part and parcel thereof, unto the said F 
 S, his executors, administrators and assigns, as his and 
 their own proper goods, chattels and effects, from hence- 
 forth forever : Provided always, and these presets are up- 
 on this special trust and confidence, and upon this ex- 
 press condition, that he the said F S, his executors, ad- 
 ministrators and assigns, shall and do permit and suffer 
 me the said MB, to use, keep and enjoy all and singular 
 the said goods and chattels (or if a part specify '} 
 during my natural life without paying or yielding any 
 
GIFTS AND GRANTS. 
 
 117 
 
 thing for the same, or in respect thereof and not other- 
 wise : and that from and after my decease he the said 
 F S, his executors, administrators or assigns, shall or law- 
 fully may have, hold, and enjoy the same and every part 
 and parcel thereof, and dispose thereof, and convert the 
 same to his and their own proper use and behoof, as he or 
 they shall think fit. In witness, &c. 
 
 A Grant of an Annuity by Indenture. 
 
 THIS Indenturre made, &c. between A B of of 
 the one part, and C D of of the other part, wit- 
 
 nesseth. That the said A B, for and in consideration of the 
 snmof ■* to him in hand well and truly paid by the said 
 C D, at or before the sealing and delivery of these presents, 
 the receipt whereof the said A B, doth hereby acknow- 
 ledge, hath given, granted and confirmed, and by these 
 presents doth give, grant and confirm unlo the said C D 
 
 and his assigns, one annuity of to be received, taken, 
 
 had, and to be issuing out of all that messuage, &c. with 
 all and singular the appertenances thereunto belonging, 
 and every part and parcel thereof, unto the said D, and 
 his assigns, for and during the natural life of him the said 
 
 C D payable and to be paid at and upon yearly by 
 
 even and equal portions ; the first payment to begin and 
 
 be made at or upon . And if it shall happen that the 
 
 ?aid annuity of or any part thereof be behind or un- 
 paid, in part or in all, by the space of twenty-one days next 
 after either of the said days or times of payment thereof, 
 whereupon the same should or ought to be paid as afore- 
 said ; that then, and so often, and at any time thereafter, 
 it shall and may be lawful to and for the said C D and his 
 assigns, into and upon the said messuage and premises 
 above mentioned, or any part thereof, to enter and distrain, 
 and the distress and distresses then and there found, to 
 take, lead, drive, carry away and impound, and the same 
 impound to take, hold and keep, until the said annuity and 
 the arrears thereof (if any shall be) together with all costs 
 and charges thereabout, or concerning the same, shall be 
 fully pfcid and satisfied. And the said A B, for himself, 
 his heirs, executors and administrators, doth covenant, 
 grant and agree, to and with the said C D, his executors* 
 administrators and assigns, that he the said A B, his heirs, 
 
118 
 
 LEASES. 
 
 executors or administrators, shall and will well and truly 
 pay or cause to he paid unto the said C D, his executors, 
 administrators or assigns, the said annuity or yearly rent, 
 charge, &c. above, at the days and time, and in manner 
 and form, as above expressed and limited for payment there- 
 of, according to the (rue intent and meaning of these pres- 
 ents. And al?o that the said messuage, &c. above men- 
 tioned to be charged or chargeable with the said annuity 
 hereby granted shall from time to time be and continue 
 over, and sufficient for the payment of the said annuity of 
 yearly, during the life of the said C D. In witness, &c. 
 
 LEASES. 
 PRACTICAL REMARKS. 
 
 A lease is a conveyance of lands, providing for an an- 
 nual recompense. 
 
 It may i.e for life, for years, or at will ; but always mast 
 be for a less time than the lessor has in the premises. 
 
 If the conveyance is made for the whole interest of the 
 grantor, it is more properly an assignment, or a bargain and 
 sale, than a lease, although a rent is reserved. 
 
 This distinction i3 perhaps not otherwise material, than 
 that in the case of a lease, properly so called, the lessor 
 may distrain of common right, and without a power for such 
 purpose in the lease ; whereas in the other cases, it is ne- 
 cessary to have a clause or covenant of distress. 
 
 Thus in what are called durable leases, which are in fact 
 conveyances of the fee, if a rent is made payable, it is not 
 a charge on the land, warranting a distress, without a clause 
 for such purpose. 
 
 All leases not in writing, and signed by the lessor, have 
 only the effect of leases at will, except leases not exceed- 
 ing the term of three years, with a rent amounting at least 
 to two thirds of the annual improved value. 
 
 Any words sufficient to explain the intent of the parties, 
 that the one shall give up the possession, and the other 
 come into it for a determinate time, will in construction of 
 law amount to a lease. 
 
LEASES. 
 
 119 
 
 Unless indeed it appears from the instrument, that it is 
 only preparatory t« a future lease. 
 
 In leases it is common to insert a clause of re-entry for 
 non-payment of the rent, but such re-entry to be good in 
 law is attended with much difficulty : thus — 
 
 There must be a demand of the rent. It must be made 
 on the day when the rent is payable, to save the forfeiture, 
 and for the precise sum due. It must be made on the land, 
 and at the most notorious place on it, unless it is other- 
 Avise ordered in the lease, and a convenient time before 
 sun set. 
 
 A Lease of a House. 
 
 THIS indenture made this day of between 
 A B of, &c. of the one part and C D of, <fcc. of the 
 other part, witnesseth, that the said A B for and in consid- 
 eration of the rent, covenants, and agreements hereafter in 
 and by these presents mentioned, reserved and contained 
 on the part and behalf of the said C D, his executors, ad- 
 ministrators and assigns, to be paid, observed, done and 
 performed, hath granted, demised, leased, set and to farm 
 let, 'and by these presents, doth grant, lease, set and to 
 farm let unto the said C D, his executors, administrators 
 and assigns, all that brick house, messuage or tenement, 
 with all and singular its appertenances, situate, standing 
 and being in a certain street or place, called, &c. together 
 with all and singular the appertenances whatsoever to the 
 said brick house, messuage or tenement and premises be- 
 longing or in any wise appertaining, and therewith here- 
 tofore held, used, occupied and enjoyed by late occu- 
 pier thereof. To have and to hold the said brick house, 
 messuage or tenement, and all and singular other the 
 premises herein before granted and demised, or mentioned 
 or intended so to be, with the appertenances unto the said 
 C D, his executors, administrators and assigns, from the 
 
 day of next ensuing the day of the date of these 
 
 presents, for and during, and until the full end and term 
 
 of from thence next ensuing and fully to Reservation 
 
 be complete and ended; yielding and paying of rent, 
 therefor, yearly and every year, during the said term un- 
 to the said A B his heirs or assigns the yearly rent of 
 •— on the ii day of - - in every year ; the first 
 
■ 
 
 120 LEASES. 
 
 Clause of payment thereof fo begin and to be made, &c. 
 re-entry. next ensu i n g the date of these presents. Pro- 
 vided always nevertheless, and it is the true intent and 
 meaning of these presents, and of the said parties here- 
 unto, that if it shall happen that the said yearly rent of 
 
 hereby reserved, or any part thereof, be behind and un- 
 paid by the space of next over or after any of the 
 
 said days, whereon the same ought to be paid as afore- 
 said that then and from thenceforth, it shall and may be 
 lawful to and for the said A B, his, &c. into and upon the 
 said demised premises, and every or any part or parcel 
 thereof, with their appertenances, in the name of the 
 whole, to re-enter, and the same to have again, re-possess 
 and enjoy, as in his or their first or former estate or es- 
 tates ; and him the said C D, his executors, administra- 
 tors, and assigns, and all and every other the occupier or 
 occupiers of the said demised premises, from thence ut- 
 terly to expel, remove and put out; any thing in these 
 presents contained to the contrary thereof in any wise not- 
 Cov. to keep withstanding. And the said C D &c. [here in- 
 in repair. scrt a covenant for payment of rent, as in the 
 next lease.] And that the said C D, his executors, ad- 
 ministrators and assigns, shall and will from time to time, 
 and all times hereafter, during the said term — herein 
 before granted, at his and their own proper costs and 
 charges, well and sufficiently keep in repair, the said de- 
 mised premises, with their and every of their apperte- 
 nances, and also the glass windows, pavements, privies, 
 sinks and gutters, belonging to the same, in, by and with 
 all manner of needful and necessary reparations and amend- 
 ments whatsoever, when and as often as the same shall re- 
 quire (damages by fire only excepted) and the same pre- 
 mises with all and singular their appertenan- 
 
 ° yie up * ces, being in and by all things so well and 
 sufficiently repaired and kept, (except as before except- 
 ed) at the end, expiration or other sooner determination 
 of the said term hereby granted, shall and will qui- 
 etly and peaceably leave, surrender and yield up unto the 
 said A B his, &c. in good and sufficient repair and con- 
 dition (reasonable use and wearing thereof, and damage 
 by are as aforesaid, only excepted :) that he the said C 
 To pay the n * s exeGutors > administrators and assigns, 
 taxes. shall and will from time to time, and at all times 
 
LEASES. 
 
 121 
 
 nereafter, during the said term hereby granted, pay and 
 discharge all taxes, charges and impositions which shall 
 be taxed, charged, imposed or assessed upon the said mes- 
 suage or tenement, or premises, or any part thereof. And 
 the said A B for himself, &c. [Here insert covenant for a 
 quiet enjoyment.] In witness, &c. 
 
 A Building Lease. 
 
 THIS indenture made the — day of — between 
 A B of, &c. of the one part, and C D of, &c. of the 
 other part, witnesseth, that the said A B, for and in con- 
 sideration of the rent, covenants and agreements herein 
 after mentioned and reserved, on the part and behalf of 
 the said C 1), to be paid, done and performed, hath grant- 
 ed, demised, leased, set and to farm letten, and by these 
 presents doth grant, demise, lease, set and to farm let un- 
 to the said C D, his executors, administrators and assigns, 
 all that piece or parcel of ground, containing in length 
 
 feet, and in breadth feet, or thereabouts, lying 
 
 and being in or near, &c. To Have and to hold the said 
 piece or parcel of gr ound above mentioned, unto the said 
 
 C D, hisexecutors, administrators and assigns, from 
 
 for and during the full end and term of from thence 
 
 next ensuing, ami fully to be complete and ended, yielding 
 an;l paying therefor, yearly and every year during the said 
 term, unto the said A B, his heirs or assigns, the yearly 
 
 rent or sum of the first payment thereof to begin 
 
 and be made at or upon next ensuing the date clause of 
 
 of these presents. Provided alw ays, nevertheless, re-entry 
 and ii is the true intent and meaning of these pres- 
 ents, ;ind of the parties hereunto, that if it shall happen 
 
 that the said yearly rent of hereby reserved, or any 
 
 part thereof, be behind or unpaid, by the space of days 
 
 next over or after the day whereon the some ought to be 
 paid as aforesaid that then and from thenceforth it shall, 
 and m;iy be lawful to and for the said A B, his executors, 
 administrators or assigns, into and upon the said demised 
 premises, or into any part or parcel ^hereof,in the name of 
 the whole, to enter, and the s.une premises to have again, 
 repossess and enjoy, as in his or their first and former 
 estate and estates, and him, the said C D, his executors, 
 
 L 
 
:22 LEASES. 
 
 administrators, or assigns, an<l all and every other the 
 occupiers or possessors of the said demised premises, 
 from thence ulterly to expel, remove, and put out; any 
 thing in these presents contained to the contrary thereof 
 in any wise notwithstanding. 
 
 Cov. to pay And the said C D, for himself, his heirs, ex- 
 therent. ecutors and administrators, doth covenant, 
 grant and agree to and with the said A B, his heirs and as- 
 signs, that he the said C D, his executors, administrators 
 or assigns, shall well and truly pay or cause to be paid un- 
 to the said C D, his heirs or assigns the aforesaid yearly 
 rent of at the days and times and in such manner 
 and form as herein before is limited and appointed for 
 the payment thereof, according to the true intent and 
 meaning of these presents, clear of and over and above all 
 taxes and reprizes whatsoever. 
 
 To build a And that he the said C D, his executors, 
 house. administrators or assigns shall and will on or 
 
 before the day of next ensuing the date hereof, 
 
 at his or their own proper costs and charges in all things, 
 make, erect, set up and finish, or cause or procure to be 
 made, erected, set up and finished, upon the said piece 
 or parcel of ground herein before mentioned and demised, 
 one good and substantial house of brick, of three stories 
 high, besides the garrets, the lower story whereof to be 
 ten feet high at the least, the next story over that to be 
 likewise ten feet high at the least, the third story to be 
 eight feet high at least, and the garrets to be six feet high 
 at the least : and shall and will make, or cause to be made 
 to every room thereof (the garrets excepted) two hand- 
 some sash windows of good carpenter's or joiner's work, 
 each of them six feet high, and four feet broad at the least 
 and shall and will well and sufficiently sash and glaze the 
 same with good crown glass, and shall and will ceil all the 
 floors over head with lime and hair, w ithout any loam, and 
 make convenient dormer windows to all the garrets : and 
 shall and will make convenient doors, with hooks, hinges, 
 locks and keys to all the rooms of the said building, and 
 floor with inch boards all the floors, and nail them with 
 , eight penny nails : and make convenient chimnies with 
 brick, lime and sand, and free stone hearths, and one con- 
 venient cellar throughout all the said building, to be pav- 
 
LEASES. 
 
 123 
 
 ed with brick, and a vault of brick for a privy ; and shall 
 pave with stone the street on both sides the said building. 
 
 And that lie the said C D, his executors, j repair ana 
 administrators or assigns, shall and will to give up. 
 from time to time, and at all times during 
 the said term of years, well and sufficiently repair, up- 
 hold, support, maintain, sustain, amend, and keep the said 
 building and tenement so erected and finished, in, by and 
 with all manner of needful and necessary reparations what- 
 soever; and the same being in and by all things so well 
 and sufficiently repaired, upheld and kept in good and 
 sufficient repair, shaH and will, at the end or other sooner 
 
 determination of the said term of hereby granted, 
 
 peaceably and quietly leave, surrender and yield up unto 
 the said A B, his heirs or assigns together with all and 
 every the doors, window-shutters, locks, keys, bolts, staples, 
 latches, hooks, hinges, wainscots, cisterns, pipes, pumps, 
 conduits, dressers, tables, shelves, hearths, grates, stoves, 
 chimnies, chimney pieces, sashes and glasses, of and be- 
 longing to the same. 
 
 And the said C D doth hereby further cov- Not to use house 
 enant, grant and agree, that neither he the as a taverD ' &c * 
 said C I), his executors or administrators, nor any other 
 person or persons, on his or their account, shall or will at 
 any time during the said term hereby granted, sell or re- 
 tail any beer, ale or other liquors whatsoever, nor keep any 
 victualling or other such public house of entertainment, 
 within the said building or tenement so to be erected as 
 aforesaid, nor use, permit or suffer the trade of a tallow 
 chandler, or other suchlike offensive trade to be carried 
 on therein, without the license of the said A B, his heirs 
 or assigns first had and obtained in writing. 
 
 Provided also nevertheless, and it is further clause of re- 
 covenanted and agreed by and between thesaid entry ifhedoes. 
 parties to these presents that if the said C D, 
 
 his &c. do not before the day of aforesaid, at 
 
 his and their own proper costs and charges, make, erect, 
 set up and finish the said house, building or tenement, 
 in all things as the saidC D hath before covenanted and 
 agreed to do, or if the said C D, his executors, administra- 
 tors or assigns, shall use such building or tenement 
 when erected, or permit the same to be used as an inn, 
 
124 
 
 LEASES. 
 
 victualling house, or house of entertainment, or use, permit 
 or suffer the business of a tallow chandler, or such like of- 
 fensive trade to be carried on therein ; that then and 
 fro;>7 thenceforth this present lease or demise, and every 
 ihin » therein contained, shall cease, be void and of no ef- 
 : ; the estate hereby granted, to the said C 1), his 
 cx ci ojs, administrators and assigns, shall cease and de- 
 termine to all intents, constructions and purposes whatso- 
 ever; any thing herein contained to the contrary thereof 
 in any wise notwithstanding. 
 
 And the said A B doth for himself, his heirs, 
 sor for quiet executors and administrators, covenant, grant 
 enjoyment. and agree to and with the said C D, his exec- 
 utors, administrators and assigns, that he the said C D, 
 his executors, administrators and assigns, paj ing the rent 
 and performing all and singular the covenants and agree- 
 ments before, in and by these presents comprised, reserved 
 and contained, on his or their part and behalf, to be paid, 
 done, performed and kept, shall and may lawfully, peacea- 
 bly and quietly have, hold, occupy, possess and enjoy the 
 sai ! uece or parcel of ground herein before granted and 
 demised, together with the said house, building or tene- 
 ment, to be thereon erected and built, as aforesaidf~*\vith 
 the ' ;.!>ertenances, for and during the said term of — 
 herein he'bre granted, without any lawful let, suit, trouble, 
 molestation, eviction, expulsion or interruption of or by 
 himtn&said A B, his hens or assigns or by any other per- 
 so i or persons whomsoever, Lawfully claiming 01 to claim, 
 by, from, or under him, them or any of them, or by or with 
 any of their privity, assent, consent or procurement. 
 In witness, etc. 
 
 A Lease for Years. 
 
 THIS indenture made this day of between 
 
 A B of <fcc. of the one. part, and C D of tic. of the o- 
 ther part, witnesseth ; that the said A B, as well in consid- 
 eration of one dollar to him paid at and before the sealing 
 and delivery hereof by (he said C D, as of the rents, cov- 
 enants and agreements herein after reserved and contain- 
 ed on the part and behalf of the said C D, his executors, 
 administrators and assigns, to be paid, kept and performed/ 
 
LEASES. 123 
 
 bath demised, granted and to farm let, and by tiiese pres- 
 ents doth demise, grant and to farm let, unto the said C D, 
 his executors, administrators and assigns, all, &c. (ex- 
 cept the timber trees, and all young trees, fit and proper 
 to be raised and preserved for timber trees, now growing 
 or being, or which shall hereafter grow or be in and upon 
 the premises, or any part thereof, together with free liber- 
 ty of ingress, egress, and regress, to and for the said A B v 
 his heirs and assigns, to sell, cut and carry away the 
 same at fit and seasonable times in the year.) To have 
 and to hold all and singular the said premises above men- 
 tioned with the appertenances (except as before excepted ; 
 unto the said C D r his executors, administrators and as- 
 signs from the day of the date hereof, for and during the 
 term of — years thence next and immediately 
 ensuing and fully to be complete and ended ; yield- Rent * 
 ing and paying theretjbr, from and immediately after the 
 commencement of the said term and during the continu- 
 ance thereof, unto the said A B, his heirs and assigns, the 
 
 rent of inland upon the day of ■ in each 
 
 year. 
 
 And the said C D, for himself, his executors, Gov. to- 
 administrators and assigns doth covenant and grant pay rent 
 to and with the said \ B, his heirs and assigns by these 
 presents, in manner following, that is to say ; that he the 
 said C U, his executors, administrators and assigns, shall 
 and will well uti'l truly pay or cause to be paid unto the 
 said A B, his heirs or assigns, the said yearly rent above 
 reserved, according to the true intent and meaning of these 
 presents, clear oi, and over and above all taxes and repri- 
 zes whatsoever. 
 
 And tdso that he the said C D, his executors, To pay . 
 administrators and assigns, shall and will from taws: 
 time to time, during the term of this present demise*, 
 bear, pay and discharge all taxes, charges and assess- 
 ments, ordiuarv and extraordinary, which may hereafter, 
 at any time during the continuance of the said term be 
 imposed or charged on the said demised premises or any 
 part thereof, or on the said A B, his heirs and assigns, for 
 or in respect of the said premises or any part thereof, 
 and shall ami will indemnify the said A B, his heirs 
 executors, administrators and assigns, of, from and against 
 
126 
 
 LEASER 
 
 all damages, costs and charges which he or they may at 
 any iime sustain or be put to, by reason of any neglect in 
 the due and punctual discharge and payment of the said 
 taxes, charges and assessments. 
 
 Touse lands in And also that he the said C D, his exec- 
 a course of hus- utors, administrators and assigns shall and 
 bandry. w -|j vear i v plough, sow, use, employ and 
 
 manure the land hereby demised, in a due regular course 
 of husbandry, according to the custom of the country, and 
 in like manner spend and employ in and upon the premises 
 all the dung, compost and manure which shall happen to 
 be yearly made or arise there during the said term; and 
 shall also from time to time during the said term, pre- 
 serve and keep the fruit trees that are or shall be planted 
 on the premises from any injury by ploughing or by cat- 
 tle, or otherwise. 
 
 To repair. ^nd als0 * nat ne tne sa ^ ^ ^, n,s execu " 
 tors, administrators and assigns, shall and will 
 at all times during the said term hereby granted, well and 
 sufficiently repair, maintain, amend and keep the premi- 
 ses hereby demised, in all and all manner of needful 
 and necessary reparations and amendments whatsoever, 
 ■when and as often as need shall require, (having and 
 taking in and upon the premises sufficient helps of wood 
 and stone for the doing thereof if the same be there to be 
 had without committing any waste or spoil, to be spent in 
 and upon the premises only and not elsewhere) and the 
 same being so well and sufficiently repaired, maintained, 
 amended and kept at the end or other sooner determina- 
 tion of the said term, unto the said AB, his heirs and as- 
 signs, shall and will peaceably and quietly leave and yield 
 up. 
 
 Nottocom- And also that he the said C D, his execu- 
 mit waste. torg ^ administrators and assigns shall not, nor 
 will at any time during the term hereby granted, do or 
 commit, or permit or suffer to be done, any wilful or 
 voluntary waste, spoil or destruction, in and upon the 
 premises, or any part thereof. 
 
 Not to as- And also that he the said C D, his execu- 
 sign. tors or administrators, or any of them, shall 
 not or will at any time during the continuance of the 
 said term, demise, let, set or assign over the said prem- 
 
LEASES. 
 
 1 2.7 
 
 ises, or any part thereof, to any person or persons whom- 
 soever, for any term or time whatsoever without the li- 
 cense and consent of the said A B, his heirs or assigns 
 in writing, under his or their hand first had and obtained 
 for such purpose. 
 
 And also that it shall and may be lawful to That the ks«* 
 and for the said A B, his heirs and assigns a ow ast 
 and every or any of them, at all and every 
 time and times convenient, within the last year of the said 
 term to enter into and have so much of the demised prem- 
 ises as in the same year shall be mete to be fallowed, and 
 to plough and fallow the same, or ev ery and any part there- 
 of, according to the usage and custom of the country there 
 in that behalf, without any let, interruption or disturbance 
 of the said C I), his executors, administrators or assigns, 
 or of any other person or persons by his or their means, 
 assent or procurement. 
 
 And the said A B, for himself, his heirs and rjov. for qui. 
 assigns, doth covenant and grant, to and with et enjoymeut. 
 the said C D, his executors, administrators and assigns, 
 by these presents, that he the said C D, his executors, ad- 
 ministrators and assigns, shall or may at all times, during 
 the said term hereby granted, by and under the yearly rent, 
 covenants, conditions and agreements, herein contained, 
 peaceably and quietly have, hold, occupy, possess and en- 
 joy, all and singular the said premises hereby demised, 
 and every part and parcel thereof v\iih the appertenances 
 (except as before excepted) without the let, trouble, hin- 
 drance, molestation, interruption and denial of him the 
 said A B, his heirs or assigns, or of any person or persons 
 whatsoever, lawfully claiming or to claim the same or any 
 part or parcel thereof : Provided always and 
 these presents are upon this condition neverthe- entry? ° re " 
 less, and it is the true intent and meaning of 
 these presents, that if it shall happen that the yearly 
 rent herein before reserved, shall be behind and unpaid 
 in part or in all by the space of thirty days after the 
 same ought to be paid according to the reservation afore- 
 said, and no sufficient distress can or may be found in and 
 upon the premises, whereby the same with the arrears there- 
 of (if any sh"U happen to be)can be made: or if the said C D, 
 iris executors or administrators, shall demise, set, JeU)r 
 
128 
 
 LEASED. 
 
 assign the premises, or any part thereof to any person or 
 persons for any term of time whatsoever, without the li- 
 cense or consent of the said A B, his heirs and assigns first 
 had and obtained in writing : or if the said C D, his exec- 
 utors, administrators and assigns, shall not well and truly 
 observe, keep and perform all and singular the covenants 
 and agrf pments on his or their parts to be observed, kept 
 and performed, according to the true intent and meaning 
 of these presents, that then and from thenceforth, in any 
 of the said cases, it shall and may be lawful to and for the 
 said A B, his heirs and assigns, into and upon the said 
 hereby demised premises or any part thereof, in the name 
 of the whole, to re-enter and the same to have again, re- 
 possess and enjoy, as in his or their first and former estate 
 and right, this indenture or any thing herein before con- 
 tained to the contrary thereof in any wise notwithstand- 
 ing. In witness, <fcc. 
 
 A Lease for Lives. 
 
 THIS Indenture made the — day of —— in the year 
 ■ between A B of, fee. of the first part and 'J D 
 
 of, 'fee. of the second part, ivitnesseth, that the said party 
 of the first part for and in consideration of one dollar to 
 hi n in hand paid, &c. and of the rents and covenants here- 
 inafter mentioned and contained on the part and behalf 
 of the said party of the second part, his executors, ad- 
 ministrators and assigns, to be paid, kept and performed, 
 hath demised, granted and to farm let, and by these pres- 
 ents doth demise, grant and to farm let unto the said party 
 of the second part, his executors, administrators and as- 
 signs, all, &c. (excepting and reserving out of the premises 
 hereby granted, all streams tit for mills and a sufficient 
 quantity of land for building mills and dams, abating at the 
 rate of one bushel of the said rent for every four acres used 
 for either of the said purposes.) To have and to hold 
 the said lot of land with the appertenances (except before 
 excepted) unto the said party of the second part, his exec- 
 utors, administrators and assigns, from the day of the dare 
 hereof, for and during the natural lives of the said party 
 of the second part, and of E F and G H of, &c, and for and 
 during the aatural life of the longest liver of them, so a! 
 
LEASES. 129 
 
 ways as that the said term shall endure at the least thirty- 
 one years. Yielding and paying unto the said par<y of 
 the first part, his heirs and assigns yearly and every 
 year during the terra aforesaid, at such place in the coun- 
 ty of as the said party of the first part, his heirs or 
 
 assigns shall for that purpose from time to time appoint, 
 the rent of sixty bushels of good merchantable winter 
 
 wheat on the day of in every year. The first 
 
 payment to be made on the day of in the year 
 
 And the said party of the second part, for 
 himself his executors, administrators and as- i D g V f %r?t! 7 ~ 
 signs doth by these presents covenant, grant 
 and agree to and with the said party of the first part his 
 heirs and assigns, in manner following, to wit : that he the 
 said party of the second part, his executors, administrators 
 and assigns, shall and will well and truly pay or cause to be 
 paid unto the said party of the first part, his heirs and as- 
 signs, the yearly rent above reserved according to the true 
 intent and meaning of these presents, clear of and over and 
 above all taxes and reprizes whatsoever. 
 
 And also that he the said party of the second 
 part, his executors, administrators or assigns orchard"? 
 shall and will settle on the premises within one 
 year from the day of the date of these presents, and shall 
 and will within the space of four years, to be computed 
 from the 'Say of thedate of these presents, plant 100 apple 
 trees on 1 lie said premises hereby described, on some con- 
 venient part thereof, in straight lines crossing each other 
 at right angles at the distance of thirty feel from each other, 
 and as often as nuy of the said trees shall die or decay or 
 he destroyed during the term aforesaid, shall and will plant 
 other trees in the place or stead of those which shall die, 
 decajr or be destroyed, and the same trees shall maintain 
 and keep in good and sufficient order, and that if default 
 shall at any time during the said term be made in planting 
 the said apple trees or any of them, or in replacing such 
 as shall decay or be destroyed in manner and form herein 
 before provided, that then, and in such case the said party 
 of the second part, his executors, administrators or assigns 
 shall and will pay to the said party of the first part, 
 Ins heirs or assigns within one year after such default 
 
130 
 
 LEASES. 
 
 shall be made, the sura of two dollars for every apple tree 
 so deficient ; 
 
 To reserve a aIS ° that ^ P3rty ° f the secoml 
 
 woodTo^" 6 a P art > his executors, administrators and assigns 
 shall and will from time to time during the term 
 aforesaid, retain, keep and set apart twenty acres of the said 
 land for wood, and shall not or will not cut or destroy or 
 permit any person or persons whatsoever to cut or de- 
 stroy any part of the timber and wood growing thereon, ex- 
 cepting only for making or repairing the buildings to be e- 
 rected on the said piece or parcel of land, and for necessary 
 fencing and fuel for a dwelling house on the same. 
 
 To pay taxes. Alld that the Saitl P art ^ ° f the secoU(l P art > 
 his executors, administrators and assigns shall 
 
 and will pay all ordinary or extraordinary taxes, assess- 
 ed or imposed on the said land, and sha'l and will at the 
 expiration of the said term, peaceably and quietly give 
 and yield up the possession of the said piece or parcel of 
 laud with the said buildings and fences which now are or 
 hereafter may '>e erected theron, in good repair, to the said 
 party of the first part or his heirs or assigns : 
 Clause f Provided always and these presents are upon 
 reentry? condition nevertheless, that if the said yearly rent 
 of sixty hushels of good merchantable winter 
 wheat or any part thereof shall be behind and unpaid by 
 the space of six months after any of the days hereby limited 
 for payment thereof, or if the said party of the see.* id part, 
 his executors, administrators or assigns, shall neglect or 
 refuse to perform any of the covenants contained in these 
 presents, that then and from thenceforth it shall and may 
 be lawful to and for the said parties of the first part, their 
 heirs or assigns, into the said piece or parcel of land here- 
 by demised tore enter, and the same and every part there- 
 of to have again, re-possess and enjoy, as in their first and 
 former estate, any thing herein contained to the contrary 
 thereof notwithstanding. 
 
 Proviso Anc * P rov ^ e( l further, that if the said party 
 bout proof °f the second part, and E F and G H or any of 
 of lives. them shall not reside on the lands hereby de- 
 mised, and none of them can at the expiration of the said 
 thirty-one years, after reasonable search and enquiry be 
 found, that then and in every such case and after the ex- 
 
LEASES. 
 
 131 
 
 piration of one year from the date of a notice to be given 
 in writing by the said party of the first part, his heirs or 
 assigns, to the tenant of the said lands hereby demised, that 
 such search and enquiry have been made without effect, 
 it shall and may be lawful to and for the said party of the 
 first part, his heirs or assigns into the said piece or par- 
 cel of land or into part thereof, in the name of the whole, 
 to re-enter and the same to have again as his first and 
 former estate, unless one of the said persons shall be pro- 
 duced before one of the judges of the court of common 
 pleas of any county in the state of New-York, or proof 
 made by the affidavit of two or more credible witnesses 
 before any one of the said judges, that one of the said per- 
 sons is iu full life, and unless the said party of the first 
 part, his heir3 or assigns shall receive a certificate of such 
 production or proof and a note of the place of residence of 
 such person before the expiration of the said year signed 
 by the said judge. 
 
 And the said party of the first part, for him- cov. for quiet 
 self, his heirs and assigns, doth hereby cove- enjoyment, 
 nant, promise and agree to and with the said party of the 
 second part, his executors, administrators and assigns, that 
 he the said party of the second part, his executors, admin- 
 istrators and assigns paying the rents and performing the 
 covenants herein before mentioned, he and they shall and 
 may peaceably have, hold and enjoy the said premises for 
 and during the term aforesaid, without any interruption or 
 molestation of the said party of the first part, his heirs or 
 any other person or persons whomsoever claiming or to 
 claim, by, from or under him, or them, or any of them. 
 In witness, &c. 
 
 A Lease in Perpetuity. 
 
 nHHIS Indenture made the day of — — in the 
 
 -■- year between A B, of, &c of the first part, and 
 
 C D of, &c. of the second part witnesseth, That the said 
 A B. for and in consideration of the sum of one dollar to 
 him in hand paid, &c. and of the rents, covenants and con- 
 ditions hereinafter contained, on the part of the said C D, 
 his heirs, executors, administrators and assigns, to be paid, 
 kept and performed, hath bargained, sold, demised, leased 
 
132 
 
 LEASES. 
 
 and to farm let, and by these presents, doth bargain, sell, 
 demise, lease and to farm let, unto the said C D and to 
 his heirs and assigns, all that certain farm, piece or pared 
 of land, situate, &c. To have and to hold the said farm, 
 piece or parcel of land with the appertenances, unto the 
 said C D, his heirs and assigns forever. Yielding and 
 paying therefor unto the said A B, his heirs or assigns, 
 yearly and every year forever hereafter, the yearly rent of 
 
 fifty bushels of good and merchantable winter wheat, at 
 
 in and upon the day of — in each year. 
 
 r.rant of rent. ^ nt * tne sa ^ C D in consideration of the 
 said grant and demise so aforesaid to him 
 made by the said A B, hath given, granted, and confirmed, 
 and by these presents doth give, grant and confirm unto the 
 said A B, his heirs and assigns, a yearly rent of fifly bush- 
 els of good merchantable winter wheat forever hereafter to 
 -!be issuing, going, payable and taken by and out of the 
 lands and tenements herein before described and conveyed. 
 To have, hold, receive, take and enjoy the said yearly 
 rent unto the said A B, his heirs and assigns forever, the 
 
 same to be paid at in and upon the ~ day of 
 
 in each year, clear of and over and above all taxes and re- 
 prizes whatsoever, the first payment to be made on the 
 
 — day of next : and in case it shall so happen that 
 
 the rent above reserved or any part thereof shall be be- 
 hind and unpaid, by and for the space of thirty days next 
 after any of the days of payment, then and in every such 
 case, it shall and may be lawful to and for the said A B, 
 his heirs and assigns, or any of them, into the whole, or 
 any part of the said lands and tenements to enter, and 
 there to distrain, for the said rent or the arrears thereof, 
 and the distress so taken, to lead, drive and carry away, 
 and the same to expose to sale at public vendue ; and out 
 of the monies therefrom arising to deduct the rent then 
 due and in arrear, together with the costs of distress 
 and sale — and to return the overplus (if any there be) 
 unto the said C D, his heirs, executors, administrators or 
 assigns. 
 
 Cov to And the said C I), for hims-lf, his heirs, ex- 
 pay reiit. ecutors, administrators aud assigns, doth cov- 
 enant grant and agree to and with the said A B, his heirs 
 and assigns, that he the said C D, his heirs, executors, 
 administrators and assigns, will from time to time, and 
 
LEASES. 
 
 forever hereafter, well and truly pay or cause to be paid 
 unto the said A B, his heirs or assigns, the yearly rent a- 
 bove reserved and granted at the days and times and in 
 manner aforesaid : And will also well and truly discharge 
 and pay all taxes, charges and assessments, ordinary and 
 extraordinary, taxed,charged or assessed, and which may be 
 hereafter at any time taxed, charged or assessed, to or up- 
 on the said lands and tenements, or upon any part or par- 
 cel thereof, or upon the said A B, his heirs, executors, 
 administrators or assigns, for or in respect of the said 
 lands and tenements, or any part thereof, and indemnify the 
 said A B, his heirs, executors, administrators and assigns, 
 of, from and against any damages, costs and charges which 
 he or they, or any of them may sustain or be put to, by 
 reason of any neglect in the due and punctual discharge 
 and payment of the said taxes, charges and assessments, or 
 any part of them. 
 
 And the said AB, for himself, his heirs and Cov. for quiet 
 assigns, doth hereby covenant and agree, to en J° vment - 
 and with the said C D, his heirs and assigns, that he and 
 they and each of them, paying the rent aforesaid, and per- 
 forming, fulfilling and keeping all and singular, the cove- 
 nants, conditions and agreements herein contained, on his 
 and their, and each of their parts, to be performed, fulfilled 
 and kept, shall and may lawfully, peaceably and quietly 
 have, hold, possess, occupy and enjoy the lands and tene- 
 ments hereby conveyed, and every part thereof, with the 
 appertenances unto the said C U, his heirs and assigns, 
 without any suit, trouble, eviction, hindrance, interruption, 
 or disturbance, of, by or from the said A B, his heirs or as- 
 signs, or of, by or from any person or persons whomsoever, 
 lawfully claiming or to claim, by, from or under him, them, 
 or any of them ; and that he the said A B, and his heirs 
 shall and will hereby warrant and forever defend the said 
 premises to the said C 1), his heirs and assigns, against any 
 person or [>ersons lawfully claiming the same. 
 
 Provided always nevertheless, and these pres- Proviso or 
 ents, and every thing herein contained, are up- re-eutr >'- 
 on this express condition, That if it shall at any time hap- 
 pen, that the said yearly rent shall in whole or in part, 
 be behind for the space of thirty days after any day of 
 payment and that no sufficient distress can be found upon 
 the premises, to satisfy such rent due and in arrear as 
 M 
 
134 
 
 MORTGAGES. 
 
 aforesaid, or if any or either of the covenants or conditions 
 herein before contained on the part of the said C D, his 
 heirs, executors, adminstrators and assigns, to be perform- 
 ed, fulfilled and kept, shall not be performed, fulfilled, 
 and kept, or shall be broken — then, and in each and ev- 
 ery such case, and from thenceforth and at all times there- 
 after, it shall be lawful to and for the said A B, his heirs 
 and assigns, or any of them, into the whole of the said 
 lands and tenements, or any part thereof, in the name of 
 the whole to re-enter, and the same as his and their for- 
 mer estate to have again, re-possess and enjoy ; and the 
 said C D, his heirs, executors, administrators and assigns, 
 and all others, thereout, and from thence utterly to expel, 
 put out and amove ; and upon such re-entry, this inden- 
 ture and the estate hereby created shall be utterly void, 
 any thing herein contained, to the contrary thereof in any 
 wise notwithstanding. In witness^ &c. 
 
 MORTGAGES- 
 
 PRACTICAL REMARKS. 
 
 Every contract for securing money by a conveyance of 
 a real estate to the lender, is deemed in equity, a mort- 
 gage ; and the borrower will be entitled to redeem his 
 property, although the conveyance is on the face of it 
 absolute. 
 
 All persons who have an estate in lands or other real 
 property, may mortgage the same to the extent of their 
 interest, if they are not under a legal disability ; as infan- 
 cy, or coverture in a woman. 
 
 When the mortgage becomes forfeited, the mortgagee 
 may take possession of the lands, unless there is a lease 
 existing which was made prior to the mortgage, and then 
 he is entitled to receive the rents. 
 
 A mortgage on real property, in order to be protected 
 against a subsequent mortgage or conveyance, must be re- 
 gistered in the Clerk's office of the eounty where the es- 
 tate lies* 
 
MORTGAGES. 
 
 135 
 
 And it may be discharged of record, by producing to 
 the clerk a certificate in writing, duly proved, signed by 
 the mortgagee, his executors, administrators or assigns, 
 in the presence of two witnesses. 
 
 A mortgage in this state may contain a power to sell, 
 and if it does the mortgagee by a sale, and without the aid 
 of any court, may destroy the right to redeem in the mort- 
 gagor, and all claiming under him. 
 
 Such sale, however, will not prejudice a judgment or a 
 mortgage prior to the sale. 
 
 The sale must be at public auction, on a notice of six 
 months : the notice must be fixed upon the outward door 
 of the county court house, and must be published once a 
 week for the six months in a newspaper printed in the 
 county, if there is one, and if not, then in the county near- 
 est to the lands in which there is a newspaper. 
 
 The power to sell is not good if given by a mortgagor 
 under twenty-five : and it must be recorded at full length 
 before the conveyance under it is given. 
 
 A mortgage for the purchase money made at the time 
 of the conveyance, takes preference to any previous judg- 
 ment. 
 
 Jl Mortgage of Lands with a power of sale. 
 
 fTj^HIS indenture, made the day of in the 
 
 JL year between A H, of &c. of the first part, and 
 
 C D, of, «fcc. of the second part, witnesseth, that the said 
 party of the first part, for and in consideration of the sum 
 of to him in hand paid, the receipt whereof is here- 
 by acknowledged, hath granted, bargained, sold, released, 
 enfeoffed and confirmed , and by these presents doth 
 grant, bargain, sell, release, enfeoff and confirm unto the 
 said party of the second part, and to his heirs and as- 
 signs forever, all. 8cc. To have and to hold, the above 
 bargained premises, to the said party of the second part, 
 his heirs and assigns, to the sole and only proper use, 
 benefit and behoof of the said party of the second part, 
 his heirs and assigns forever. Provided always, and 
 th^se presents are upon this express condition, that it" 
 the said party, of the first part, pay to the said party of the 
 second part, the just and full sum of — ■ — on or before 
 the — — day of — — which will be in the year with 
 
136 
 
 MORTGAGES. 
 
 lawful interest annually until paid according to the con- 
 dition of a certain bond or writing obligatory, bearing 
 even date herewith, executed by the said party of the 
 first part, to the said party of the second part, then these 
 presents, and the said bond or writing obligatory, shall 
 cease, determine, and be null and void ; But, in case of 
 
 the non-payment of the said sum or any part thereof, 
 
 or the interest aforesaid, or any part thereof, so to be- 
 come due, at the time or times above limited for the pay- 
 ment thereof, then in every such case, it shall and 
 may be lawful for the said party of the second part, his 
 heirs, executors, administrators or assigns, and the said 
 party of the first part, doth hereby empower and authorise 
 lhe said party of the second part, his heirs, executors ad- 
 ministrators and assigns, to grant, bargain, and sell the 
 said ;>remiser., or any part or parcel thereof, with the ap- 
 pertenances, at public vendue, and on such sale to make 
 and execute to the purchaser or purchasers, his, her or 
 their heirs and assigns forever, good, ample, and sufficient 
 deeds of conveyance in the law, pursuant to the statute in 
 such case made and provided — rendering the overplus mo- 
 nies (ifauy there be) to the said party of the first part, his 
 heirs, executors or administrators, after deducting the costs 
 and charges of such vendue and sale as aforesaid. 
 In witness, &c. 
 
 Mortgage to a person who has become surety. 
 
 H| ^HIS Indenture made this day of in the year 
 
 1 betw een I M, of, &c. of the one part, and F S 
 
 of, &c. of the other part. Whereas the said F S, at the 
 special instance and request of him the said I M, hath be- 
 come bound together with him the said 1 1VI unto A B of, 
 &c. by one bond or obligation bearing even date with 
 
 these presents, in the penal sum of conditioned for 
 
 the payment of on &e. which same monies being the 
 
 proper debt of him the said I M, and the said F S in the 
 said recited bond being only as security for the said I M, 
 and at his request as aforesaid, he the said I M to counter- 
 secure him the said F S against the same, hath agreed to 
 convey and grant the dw elling house and lot of ground 
 hereinafter mentioned, to him, the said F S, his heirs and 
 assigns forever, in manner and form hereinafter express- 
 
MORTGAGES. 
 
 137 
 
 ed : Now this indenture witnesseth, that the said 1 M for 
 and in consideration of the premises, and also for and 
 in consideration of the sum of one dollar to him in hand 
 paid by the said F S at and before the ensealing and 
 delivery hereof the receipt whereof is hereby acknow- 
 ledged, he the said I M bath granted, bargained, sold al- 
 iened, reraised, released and confirmed, and by these pres- 
 ents doth grant, bargain, sell, remise, release and confirm 
 unto the said F S, and to his heirs and assigns forever, all 
 thai, &c. (here take in the bounds) and all the heredita- 
 ments and apiertenances to the same of right appertain- 
 ing, or therewithal now or at any time heretofore used, 
 possessed, held or enjoyed, or accepted, reputed, deemed, 
 taken or known to be part, parcel oi member thereof, or 
 of any part thereof, and the reversion and reversions, re- 
 mainder and remainders thereof, and also all the estate, 
 right, title, interest, property, possession, claim and demand 
 whatsoever of him the said I M, of, in and to the same 
 or any part or parcel thereof; To have and to hold the 
 said dwelling house, lot of ground and premises with the 
 appertenauces unto the said F S, his heirs and assigns to 
 the only proper use and behoof of the said F S, his heirs 
 and assigns forever. 
 
 Provided always and this present grant is upon this 
 condition, that if the said [ M, his heirs, executors or ad- 
 ministrators shall well and truly pay or cause to be paid 
 
 unto the above named A B, the said sum of w ith the 
 
 interest on, &c. according to the condition and in full dis- 
 charge and satisfaction of the before recited obligation, 
 and also from time to time and at all times hereafter, shall 
 and do well and sufficiently save harmless and keep indem- 
 nified the aforesaid F S, his heirs, executors and admin- 
 istrators, and every of them, and their and each and ev ry 
 of their goods and chattels, lands and tenements of and 
 from all and all manner of actions, -nits, troubles, charges, 
 judgments, executions, damages and demands whatsoever, 
 tli h t shall or may at any tim< hereafter accrue or happen 
 unto, or arise or be brought, or prosecuted against the 
 said F S, his heirs, executors or administrators and any 
 or either of them upon the I e fore recited fiond or obliga- 
 tion, or of, for or by reason of his the said F S becoming 
 bound in the said bond, thai then and from thenceforth his 
 present indenture and every article, covenant, clause and 
 
 M2 
 
131 
 
 MORTGAGES. 
 
 condition in the same contained, and the estate hereby 
 granted shall cease, determine and be utterly void, and of 
 none effect, any thing herein to the contrary thereof in 
 any wise notwithstanding. 
 
 And the said I M, for himself, his heirs, executors and 
 administrators and every of them, doth covenant, prom- 
 ise, gr int. and agree to and with the said F S, his heirs, 
 executors, administrators and assigns, and every of them 
 by these presents, that he the said 1 M, his heirs, execu- 
 tors or administrators shall and will well and truly pay or 
 cause to be paid unto the said A B the aforesaid sum of 
 with the interest thereof, on, &c. according to the 
 Form and effect of the condition and in full discharge and 
 satisfaction of the above recited bond or obligation; And 
 also that he the said I IVI, his heirs, executors and admin- 
 istrators from time to time and at all times forever here- 
 after, shall and will save harmless and keep indemnified 
 the said F S, his heirs, executors and administrators and 
 each and every of them against the said A B, his execu- 
 tors and administrators and every of them, and all other 
 persons of and from the before recited bond or obligation 
 so entered into as aforesaid, and of and from all and all 
 manner of actions, suits, troubles, charge-, judgments, 
 executions, damages and demands whatsoever, that shall 
 or may at any time hereafter accrue or happen unto, or 
 arise or be brought or prosecuted against him the said F 
 S, his heirs, executors or administrators, and any or ei- 
 ther of them, or against their or either of their goods and 
 chattels, lands and tenements, for or by reason of the said 
 F S becoming bound in the said bond as aforesaid, accord- 
 ing to the form and effect of the proviso aforesaid. 
 
 And the said 1 1M, for himself, his heirs, executors and 
 adminisfrators doth further covenant, promise, grant and 
 agree to and with the said F S, his heirs and assigns and 
 to and with every of them by these presents, that he the 
 said ! M at the time of the ensealing and delivery of these 
 presents is the true, lawful and rightful owner and propri- 
 etor of the said dwelling house and Jot-|f ground and 
 premises before mentioned, with the appmenances, and 
 every part and parcel thereof, of a good, sure, perfect, ab- 
 solute and indefeasible estate of inheritance in fee simple, 
 without any manner of condition, reservation, limitation 
 of any use or uses or other matter, cause or thing what- 
 
MORTGAGES. 
 
 soever, to determine, alter, change or defeat the same, 
 and that he the said I M, hath in himself good right, full 
 power and lawful authority to grant, bargain, sell, alien, 
 remise, release and confirm the same, and every part and 
 parcel thereof unto him the said F S, his heirs and assigns 
 in manner and form aforesaid. In witness, &c. 
 
 A Mortgage for a term of years. 
 
 THIS Indenture, mnde the day of in the year 
 between A B, of Szc. of the one part, and C 1), 
 
 of 8cc. of the other part, witnesseth that the said A B, for 
 and in consideration of the sum of — —to him in hand 
 paid by the said C D, at or before the sealing and deliver} 
 of these presents, the receipt whereof he the said A B 
 doth hereby acknowledge, hath granted, bargained and 
 sold, and by these presents doth grant, bargain and sell 
 unto the said C D, his executors, administrators and as- 
 signs, all that certain messuage, Szc. And also the rever- 
 sion and reversions, remainder and remainders, rents, is- 
 sues and profits of all and singular the said premises, and 
 of every part and parcel thereof, with their appertenan- 
 ces : To have and to hold the said messuages, &c. and 
 premises above mentioned and every part and parcel 
 thereof, with the appertenances, unto the said C D, his 
 executors, administrators and assigns, from the day be- 
 fore the day of the date of these presents, tor and during, 
 and unto the full end and term of rive hundred years from 
 thence next ensuing and fully to be complete and ended" 
 yielding and paying therefor yearly during the said term at 
 
 or upon the day one pepper-corn if demanded; 
 
 Provided always and these presents are upon this condi- 
 tion, that if toe said A B, his heirs or assigns, do and shall 
 well and truly pay, or cause to be paid unto the said C D, 
 his executors, administrators or assigns, the full sum of 
 
 with legal interest for the same, on or before the 
 
 — day of next ensuing the day of the date hereof 
 
 without any deduction, defalcation or abatement whatso- 
 ever, for or by reason of any taxes or assessments What- 
 soever, either ordinary or extraordinary, already imposed 
 or hereafter to be imposed on the said premises, or . u v 
 part thereof, that then and from thenceforth these presents 
 and every matter and thing herein contained shall cease. 
 
140 
 
 MORTGAGES. 
 
 determine and be utterly null and void to all intents and 
 purposes; any thing herein contained to the contrary there- 
 of in anywise notwithstanding. 
 
 And (he said A B, for himself, his heirs, executors, and 
 administrators, doth covenant, promise grant and agree, 
 to and with the said C D, his executors, administrators 
 and assigns, that he the said A B, his heirs, executors or 
 administrators shall and will well and truly pay, or cause 
 to l >e paid unto the said C I), his executors, administra- 
 tors or assigns, the said sum of with legal interest 
 
 for the same, on or before the said day of next, 
 
 without any deduction as aforesaid, according to the true 
 intent and meaning of these presents • And also, that he 
 the said C I), his executors, administrators and assigns, 
 shall and may at all times, after default shall be made in 
 
 payment of the said sum of and interest or any part 
 
 thereof, at the time herein before limited for payment 
 thereof, peaceably and quietly have, hold, occupy, possess 
 and enjoy all and singular the said messuage, &c. and 
 other the premises above granted, bargained and sold, 
 or mentioned or intended so to be, with the appertenances 
 as aforesaid for and during all the rest, residue and re- 
 mainder of the said term of five hundred years, which 
 shall be then to come and unexpired, without the let, 
 suit, hindrance, molestation, interruption or eviction of 
 him the said A B, his heirs and assigns, or of any other 
 person or persons whomsoever lawfully claiming or to 
 clcimby, from or under him, them, or any of them : 
 
 And further, that he the said A B, and his heirs, and 
 all and every other person and persons having or lawfully 
 elciiming any right, title or interest, in or to the said prem- 
 ises, or any part or parcel thereof, by, from or under him 
 or l hem, shall and wiil after default shall be made in pay- 
 ment of the said sum of and interest, or any part 
 
 thereof, as aforesaid, make, do and execute, or cause or 
 procure to be made, done and executed all and every such 
 further and other lawful and reasonable act and acts, thing 
 and things, assurance and assurances, device and devices 
 in the law wha soever, for the further, better and more 
 perfect <„ renting and ssuring of all and singular the said 
 premises, with the appertenances above bargained and 
 sold,i r mentioned, or intended so to be, unto the said C D, 
 his executors, administrators and assigns, for and during 
 
MORTGAGES. 
 
 141 
 
 all the rest, residue and remainder of the said term of five 
 hundred years above granted, as by the said C D, his ex- 
 ecutors, administrators or assigns, or his or their counsel 
 learned in the law, shall be reasonably devised, advised 
 or required. 
 
 And lastly, it is covenanted, granted, concluded and 
 agreed upon by and between the said parties to these pres- 
 ents, and the true intent and meaning hereof is, and it is 
 hereby declared so to be, that until default shall be made 
 
 in payment of the said sum of and interest, or any 
 
 part thereof as aforesaid, it shall and may be lawful to and 
 for the said A B, his heirs and assigns, to have, hold and 
 enjoy all and singular the said premises, with the apperte- 
 nances, above bargained and sold, in manner aforesaid, and 
 to receive and take the rents, issues and profits thereof, to 
 his and their own proper use and benefit ; any thing here- 
 in contained to the contrary thereof in any wise notwith 
 standing. In witness, &c. 
 
 Ji Mortgage of goods. 
 
 THIS Indenture, made bet >\ ten A B of, &c. of 
 the one part, and C D of«fec. of the other part, wit- 
 nessed, that the said party of the first part, Tor and in con- 
 sideration of the sum of to him in hand well and truly- 
 paid by the said party of the second part at or before the 
 sealing and delivery of these preseme the receipt whereof 
 is hereby acknowledged, hath granted, bargained and sold 
 and by these presents, doth grant, bargain and sell unto 
 the said party of the second part, his executors, adminis- 
 trators and assigns, All and singular the goods, furniture 
 and household stuff hereinafter particularly mentioned and 
 expressed, that is to say : [Here the goods mortgaged.'] 
 To have and to hold all and singular the said goods, &c. 
 herein before granted, bargained and sold, or mentioned, 
 or intended so to be, unto the said party of the second part, 
 his executors, administrators and assigns, to the only 
 proper use and behoof of the said party t the second 
 part, his executors, administrators and assigns lore er : 
 Provided always, and these presents are upon this condi- 
 tion, that if the said party of the first part, nis executors 
 or administrators, shall and do well and truij pay or cause 
 to be paid untg the said party of the second part* his exec- 
 
142 
 
 MORTGAGES. 
 
 utors, administrators or assigns, the full sum of with 
 
 legal interest for the same, 01 or before the day of 
 
 the } these presents, and every matter and thing hero- 
 in Contained, shall cease, determine and be utterly void, to 
 all intents and purooses: any thing herein contained to 
 the contrary thereof in any ".vise notwithstanding. 
 
 And the said party of the first part, for himself his exec- 
 utors and administrators, all and singular the said goods, 
 &c. by these presents unto the said party of the second 
 part, his executors, administrators and assigns, against 
 him the said party of the first part, his executors and ad- 
 ministrators, and against all and every other person and 
 persons whomsoever, shall and will warrant and forever 
 defend by these presents. And the said party of the sec- 
 ond part, for himself, his executors and administrators, 
 doth covenant, promise, grant and agree to and with the 
 said party of the first part, his executors and administra- 
 tors, that he and they shall and will immediately, upon the 
 
 receipt of the said sum of -and interest as aforesaid, 
 
 at the day and time above limited for payment thereof, 
 deliver or cause to be delivered, unto the said party of 
 the second part, his executors, administrators and as- 
 signs, all and singular the goods, &c. above granted, 
 which are now, and at the time of the executing of these 
 presents, were received by the said party of the second 
 part, of and from the said party of the first part, in as 
 good case, plight and condition as the same and every 
 of them now are at this present time. In witness, &c. 
 
 A further Mortgage by Indorsement. 
 
 "W7 HERE AS the witiiin named P P hath advanced 
 y 7 and lent unto the within named W W the fur- 
 ther sum of —dollars, the receipt whereof the said W 
 W doth hereby acknowledge, and thereupon the said W 
 W hath entered into one bond or writing obligatory un- 
 der his hand and seal, bearing even date with these pres- 
 ents to the said P P in the penal sum of with condi- 
 tion thereunder written, for making the same void upon 
 payment unto the said P P, his executors, administrators 
 or assigns, of the sum of- dollars of like lawful mo- 
 ney, with interest for the same, after the rate of * 
 
 on the day of . as in and by the said writing or 
 
PATFXTS. 
 
 143 
 
 bond or writing obligatory and ihe condition thereof, re- 
 lation being thereunto had may more fully appear: Now 
 know ye, that for the better securing and more sure pay- 
 ment uuiothe said P P, his executors, administrators and 
 assigns, of the said farther sum of dollars and in- 
 terest on the said day of next ensuing, ac- 
 cording to the true intent and meaning of the said reci- 
 ted bond or obligation, he the said W W doth hereby 
 for himself, his heirs, executors and administrators, cove- 
 nant, promise and agree to and with the said ? P, his ex- 
 ecutors, administrators and assigns, that the messuages, 
 &c. and all and singular other the premises with the ap- 
 pertenances by the within written indenture of mortgage 
 mentioned to be granted, bargained, sold and demised, and 
 every part and parcel thereof shall stand chargeable, re- 
 main, continue and be a security unto him the said P P, 
 his executors, administrators and assigns, as well for the 
 
 payment of the sum of dollars within mentioned and 
 
 the interest thereof, as also for the payment of the said 
 
 further sum of dollars now lent and advanced as a- 
 
 foresaid and the interest thereof. And that the said prem- 
 ises or any part thereof shall not be redeemed or redeem- 
 able either in law or in equity, until not only the said sum 
 
 of dollars before lent and the interest thereof, but 
 
 also the said sum of — dollars now lent and the interest 
 thereof shall be paid and satisfied unto the said P P, his 
 executors, administrators and assigns, according to the 
 true intent and meaning of these presents. In witness, <&r. 
 
 PATENTS- 
 
 PRACTICAL REMARKS. 
 
 The general government has the power to secure for 
 limited times, to authors and inventors the exclusive right 
 to their writings and discoveries. 
 
 By the act of 31st May 1790, the author of any map, 
 chart, or book, heing a citizen or resident, is secured in 
 the exclusive right of printing, publishing and vending 
 the same for 1 4 years on recording the title. 
 
144 
 
 PATENTS. 
 
 Ifthe author is living and resides in, or is a citizen of 
 the United States at the expiration of the 14 years, he may 
 continue his exclusive right for a further term of 1 4 years, 
 if he records the title again six mouths before the expira- 
 tion of the first term. 
 
 To procure this exclusive right, the author must before 
 publication deposit in the office of the Clerk of the Dis- 
 trict Court where he resides, a printed copy of the title 
 of his map, chart or book. The clerk is to make a record 
 of this, and a copy of the record is to be published in 
 some newspaper four weeks within two months from the 
 date ofihe record. 
 
 By the acts of 2 1st Feb. 1W3, and 17th April 1800, a 
 citizen or an alien who has resided in the country for two 
 years, may acquire an exclusive right for constructing, 
 using and vending for a term not exceeding 14 years any 
 new and useful art, machine, manufacture or composition of 
 matter, or any new and useful improvement on any art 
 machine, manufacture or composition of matter not known 
 or used before the application. 
 
 This right is secured by letters patent issuing from the 
 office of the secretary of state. 
 
 To obtain such patent, the party is to present a peti- 
 tion to the secretary, signifying his desire to obtain the 
 exclusive right and praying that a patent may be granted. 
 
 This petition must be accompanied by an affidavit of 
 the inventor, that according to his belief he is the true in- 
 ventor or discoverer of the thing for which he asks a pat- 
 ent: and a specification of his invention, signed by himself 
 and attested by two witnesses. 
 
 There must also be a drawing with written references 
 where the nature of the case admits of drawing : or spe- 
 cimens of the ingredients and of the composition of mat- 
 ter, where the invention is of a composition of matter, 
 sufficient in quantity for the purpose of experiment. In giv- 
 ing a drawing of the machine, it is requisite to give draw- 
 ings of the interior when the machine is complex. 
 
 The specification is a description of the invention and 
 the manner of using, or process of compounding the same, 
 and must be in such full, clear and exact terms as to dis- 
 tinguish the s <me from all other things before known : 
 and to enable any person skilled in the art or science of 
 which it is a branch, or w ith which it is most nearly con- 
 nected, to make, compound and use the same. 
 
PATENTS. 
 
 145 
 
 In the case of a machine, he is fully to explain the 
 principle, and the several modes in which he has contem- 
 plated the application of that principle, or character by 
 which it may be distinguished from other inventions. 
 The inventor is to deliver a model of his machine if the 
 secretary deems it necessary. And when the machine is 
 complex, a model is considered at the patent office as ne» 
 cessary to explain and render it comprehensible. 
 
 If an alien resident applies for a patent, he must add to 
 his petition on oath, that the invention, art or discovery 
 has not to the best of his knowledge or belief, been 
 known or used either in this or any foreign country. 
 
 Form of Record of Boole. 
 
 District of to wit : Be it remembered, That on 
 
 the day of in the year of the independence 
 
 of the United States of America, A B of the said district, 
 hath deposited in this office the title of a map, chart, book 
 or books, (as the case may be) the right whereof he 
 claims as author or proprietor, (as the case may be) in 
 the words following, to wit ; [here insert the title] in 
 conformity to the act of the Congress of the United States, 
 entitled," An Act for the encouragement of learning, by 
 securing the copies of maps, charts, and books, to the au- 
 thors and proprietors of such copies, during the times 
 therein mentioned." C D clerk of the district of ■ 
 
 PROCEEDINGS TO OBTAIN PATENT. 
 
 i. Petition for a Patent. 
 
 To the honorable A B, Secretary of State of the United 
 States of America. 
 The petition of C D of &c. sheweth : 
 
 THAT your petitioner has invented a new and useful 
 improvement, not known or used before this ap- 
 plication in the making or manufacturing of &c. (insert 
 what) by which &c. (giving a general description of the 
 improvement) as will better appear by the specification 
 or description herewith delivered. 
 
 That your petitioner is desirous of obtaining an ex- 
 clusive property in such improvement, and he therefore 
 prays that a patent may be granted to him therefor. 
 Dec. 20, 1816. C. D, 
 
 N 
 
146 POWERS OF ATTORNEY. 
 
 2, Specification or Description. 
 
 To all persons to whom these presents shall come, C D 
 of &c. sends greeting, 
 
 Be it known, that I the said C O have invented a new 
 and useful improvement, not known or used before in the 
 making or manufacturing of, &c [naming what) which 
 invention and the manner of using it, is as follows ; This 
 improvement in, &c. (go on to describe the invention with 
 great exactness and particularity, sec in remarks.) 
 
 In witness whereof, I have hereunto subscribed my 
 name the — day of &c. C D. 
 
 Witnesses, 
 E F 
 G H 
 
 3. Affidavit of Invention. 
 State of New-York ) gg 
 Dutchess County, £ ss * Memorandum ihat on this 
 
 —day of in the year — personally appeared be^ 
 
 fore me, I K one of the justices of the peace for the said 
 county, being a person authorized to administer oaths, the 
 above named C D, who being duly sworn says, that he 
 does verily believe, that he is the true inventor or discov- 
 erer of the improvement in the manufacturing of, 8cc. 
 {naming what) as by him is above specified, and that he is 
 a citizen of the United States, (If an alien say) And 
 that the same has not to t he best of his knowledge or be- 
 lief been known or used either in this or any foreign coun- 
 try, and further that he has resided more than two years 
 past in the United States of America. C D. 
 
 Sworn, &c. 
 
 POWERS OF ATTORNEY. 
 
 PRACTICAL REMARKS. 
 
 An attorney is one who is appointed to do any thing m 
 ;he place of another. 
 Awl his authority may he general or particular. 
 
POWERS OF ATTORNEY. 147 
 
 In all cases, where a man has a power, as owner, or in 
 his own right, to do a thing, he may do it by attorney. 
 
 But where he has but a bare authority, or power, he 
 cannot act by attorney. 
 
 If he acts as deputy or attorney to another, he cannot 
 m£fke an attorney for himself. If, however, the warrant 
 under which he acts, allows of a substitution, he may 
 place another person in his stead : but such person be- 
 comes the attorney of the principal, and must act in his 
 name. 
 
 An alien, an infant, or a married Avoman, may be an at- 
 torney 
 
 The authority ought regularly to be by a letter of at- 
 torney under seal. 
 
 It must be pursued, according to the words and intent ; 
 and whatever is done, should be in the name of the per- 
 son giving the authority. 
 
 Jl Power from Partners to collect debts, 
 
 KNOW all men by these presents, that we, A B and 
 C D, of &c. have made, constituted, authorised and 
 appointed, and in our place and stead put, and by these 
 presents we do make, constitute, authorise and appoint, 
 and in our place and stead put E F and G H, of &c. and 
 each of them to be our and each of our attorney or at- 
 tornies, jointly and severally, for us and each of us in our 
 and each of our names and to our uses to demand, attach, 
 seize, take, sue for, levy, recover and receive by all law- 
 ful ways and means w hatsoever, of and from all and ev- 
 ery person and persons whatsoever whom it doth, shall, 
 or may concern, and particularly of and from J K, his 
 heirs, executorsand administrators or any of them, all and 
 every sum and sums of money, debts, dues, duties, de- 
 mands, goods, chattels, effects, and things whatsoever, 
 w hich now are or hereafter shall be and grow due, owing, 
 payable or belonging unto us or either of us upon or 
 by virtue of any bond, bill, book, grant, covenant, assign- 
 ment or deed, or upon account of trading or dealing or up- 
 on any other account, or by any other ways or means how- 
 soever, in any manner of w ise, and if need be to call to ac- 
 count and to bring to a reckoning, and to adjust and set- 
 tle accounts with all and every person and persons con- 
 
148 
 
 POWERS OF ATTORNEY. 
 
 cerned in the premises or any part thereof, and upon re- 
 ceipt or recovery of all or any such sum or sums of mo- 
 ney, debts, dues, duties, demands, goods, chattels, effects, 
 and other things, or any part (hereof sufficient acquittan- 
 ces and discharges for us and each of us, and in our or ei- 
 ther of our names or in their or either of their own names 
 from time to time to make and give, giving and by these 
 presents granting unto our said attornies and each of them, 
 full power and authority in and touching the premises in 
 our and each or either of our names, to sue, pursue, ar- 
 rest, attach- seize, implead, imprison, condemn and pros- 
 ecute any person and person* 2Sd thence and thereof a- 
 gain to acquit, discharge and out of prison fo release ; 
 also to take, attach, seize, imprison, prosecute and con- 
 demn, the lands and tenements, goods and chattels, rights, 
 credits and debts of any person or persons, also for us and 
 each of us to appear and our and each of our persons to 
 represent in all or any court or courts or other places as 
 demandants, or defendants, in any suit, action or appeal 
 for or by reason of the premises or any part thereof ; like- 
 wise attorney or attornies under them or either of them 
 to set and substitute, and again at pleasure to revoke, and 
 generally to do, act and perform all other matters and 
 things in and to the premises, and every part thereof re- 
 quisite and necessary as fully as we ourselves might 
 or could do were we personally present : And we do 
 hereby ratify and confirm all and whatsoever our said at- 
 tornies or either of them or their or either of their sub- 
 stitutes, shall legally do or procure or cause to be done, 
 in and touching the premises, or any part thereof. 
 In witness, &c. 
 
 — -CM e» a 
 
 A Power of Attorney to receive a Belt. 
 
 KNOW all men by these presents that I, A B, of \ 
 have made, nominated and appointed, and by these 
 
 presents do make, nominate and appoint C D of my 
 
 true and lawful attorney, for me and in my name, and for 
 my use and benefit to ask, demand, sue for, recover and 
 
 receive of and from E F of all such sum or sums of 
 
 money, debts and demands whatsoever which are now 
 due and owing unto me the said A B, by and from the 
 said E F, and to have, use and take all lawful ways and 
 
POWERS OF ATTORNEY. 
 
 149 
 
 means, in my name or otherwise, for the recovery thereof, 
 by attachment, arrest, distress or otherwise, and to com 
 pound, arbitrate, and agree for the same: and acquittan- 
 ces or other sufficient discharges for the same, for me and 
 in my name to make, seal and deliver, and to do all lawful 
 acts and things whatsoever concerning the premises, as 
 fully, and in every respect, as i myselt might or could do, 
 were I personally present; and attornies, one or more 
 under him, for the purposes aforesaid, to make, and again 
 at his pleasure to revoke, ratify ing and confirming, and. 
 by these presents allowing whatsoever my said attorney 
 shall, in my name lawfully do, or cause to be done, in and 
 about the premises, by virtue of these presents. 
 In witness, &c* 
 
 Jl Power to receive a legacy. 
 
 T7"N0W all men by these presents, that whereas A B 
 
 late of deceased, by his last will and testament, 
 
 did «;iv« and bequeath unto me C D of — a legacy of 
 
 to be paid unto me on — of which said will E F 
 
 of and G H of are joint executors, as in and 
 
 by * he said will may appear. Now know ye that 1 the said 
 C D have made, ordained, constituted and appointed J K 
 
 of my true and lawful attorney, for me, and in my 
 
 name, and for my use and benefit, to ask, demand and re- 
 ceive of and from the said E F and G H the legacy given 
 and bequeathed unto me the said C 1) by the said will of 
 the said A B as aforesaid ; and upon receipt thereof by, or 
 payment thereof to my said attorney, a general release or 
 discharge for the same to make, execute and deliver : 
 here by ratifying, confirming and allowing whatsoever my 
 said attorney shall lawfully do in the premises. 
 In witness, &c. 
 
 Jl Power to receive the rents of an Estate. 
 
 ~LT NOW all men by these presents that 1, AB of 
 
 have made, constituted and appointed, and by these 
 presents do make, constitute and appoint C D of &c. my 
 true and lawful attorney for me, and in my name, and for 
 my use to ask, demand and receive all such rents and ar- 
 rears of rent, which now are, or hereafter shall grow due 
 N2 
 
150 
 
 POWERS OF ATTORNEY. 
 
 ot owing to me from E F, G H, I K, or any of them, as 
 tenants or occupiers of any lands, tenements or heredita- 
 ments belonging to or claimed by me, situate at or 
 
 Which may be due from or payable by any other person 
 ©r persons whomsoever, as tenants, occupiers, or lessees, 
 or assignees of any term or terms of such lands, tene- 
 ments or hereditaments or any of them, or any part or 
 parcel of them; and upon receipt thereof, to give proper 
 acquittances and sufficient discharges thereof; And in 
 default of payment thereof, or any part thereof to my said 
 attorney, I do hereby authorise and empower him my said 
 attorney, for me and in my name, into and upon the said 
 messuages and premises to enter and distrain, and the 
 distress and distresses there found and taken to dispose of 
 according to law, for the speedy recovering and obtaining 
 my said rent and arrears of rent ; or otherwise to proce ed 
 by a suit or suits at law for the recovery thereof, as by him 
 my said attorney shall bethought fit ; hereby ratifying, &c. 
 
 A Power to make, a distress. 
 
 KNOW all men by these presents, thatl, AB of 
 have made, constituted and appointed, and by these 
 
 presents do make, constitute and appoint C D of my 
 
 true and lawful attorney, for me, and in my name, to take 
 any person or persons to his assistance, to enter into and 
 
 upon all those my lands, at now in the occupation 
 
 of E F, or his assigns, as tenants thereof, and there, for me 
 and in my name, to make a distress of all such cattle, 
 horses, corn, hay, goods and chattels, as are, or shall be 
 found in or upon the premises, for one half year's rent due 
 to me, out of and for the premises at last; And af- 
 ter the said goods are so distrained, if the said E F, doth 
 not within the time limited by the statute in that case made 
 and provided, replevy the same, or nay the said rent, then 
 and in such case, I do her^ v authorise my said attorney 
 
 to cause the said cattle to be apprised and disposed 
 
 of according to law the money arising by such disposition 
 or s lie to be paid over in such manner as by the said stat- 
 ute is directed. And for whatsoever my said attorney 
 sh ,11 la wfully do in or about the premises, these presents 
 shall be to him a sufficient warrant. In witness, &c. 
 
FOWERS OF ATTORNEY. 151 
 
 Power of Attorney from several creditors of a 
 
 person deceased, to bring actions, §*c. and an 
 
 appoimtment of a Cashier for raising and 
 
 paying money to defray the expenses. 
 
 ■mX^HERE AS A B late of, &e. deceased, died indented 
 to us whose names are hereunder subscribed and 
 to several other persons, by bond, bill, note or otherwise : 
 KNOW ALL MEN by these presents, that we the said 
 creditors do hereby authorise, order, appoint and im, ow- 
 er I T of, &c. to be our attorney, agent and lawfui solicitor, 
 and for us, and in our names, and on our behalf, to exhibit 
 or prosecute one or more bills in the court of chancery, 
 against such person or persons as he shall be advised, for- 
 an equitable discovery and accountof the estate and effects 
 of the said A B, which is, or are, or shall or may be liable 
 to the payment of our said debts ; and also in our names 
 and on our behalf to commence or prosecute any action 
 or actions, suit or suits in law or equity, or otherwise, as. 
 he the said 1 T shall be advised, against any person or 
 persons whomsoever, who hath or hav e possessed, or shall 
 possess himself or themselves of such estate and effects 
 of the said A h in order lo Die recovery of the said debts ; 
 for the doing of which this shall be a sufficient warrant to 
 the said I T. And in order for the carrying on, and ef- 
 fectually prosecuting such suit or suits, action or actions, 
 we the said creditors do hereby nominate, constitute and 
 appoint V/ W of, 8cc. one of the said creditors, Cashier in 
 that behalf, and do hereby aiso promise and agree to and 
 with the said W W that on his giving ten days notice, in 
 writing to each of us, we will f om time to time, advance, 
 pay and contribute to the said W W, each of us in pro- 
 portion to the amount of our respective demands, such 
 sum and sums of mouey, at such times and places as he 
 shall by such notice in writing appo nt, as may be neces- 
 sary for defraying all lawful and reasonable costs and 
 charges of such suit or suit?, action of actions, oi which 
 may arise by reason of the premises. In witness. &v. 
 
POWERS OP ATTORNEY. 
 
 Jl Power to lease or sell Lands. 
 
 KNOW all men by these presents, that whereas I, A 
 B of am seized in fee of and in all that 
 
 situate — - and now or late in the possession or occupa- 
 tion of — — Now know ye> that I the said A B/iawemade, 
 constituted and appointed, and by these presents do make, 
 constitute and appoint C D of — . my true and lawful 
 
 attorney, for me and in my name, to lease the said to 
 
 such person or persous, and for such a term or number of 
 years, or for life or lives, and at and under such yearly and 
 other rents as he shall think fit ; or otherwise to sell and 
 dispose of the same absolutely in fee simple, for such price 
 or su n of money, and to such person or persons as he shall 
 think fit and convenient : and also forme, and in my name 
 and as my act and deed, to sign, seal, execute and deliver 
 such deeds and conveyances, for the leasing or the abso- 
 lute sale and disposal thereof, or of any part thereof, with 
 such clauses, covenants and agreements to be therein con- 
 tained, as my said attorney shall think fit and expedient; 
 Hereby ratifying and confirming all such leases, deeds, con- 
 veyances, bargains and sales, which shall at any time here- 
 after be made by my said attorney, touching or concerning 
 the premises, &c. 
 
 Power to take possession of lands and to sell 
 them. 
 
 KNOW all men by these presents, That I, A B of, &c. 
 have made, authorised, nominated and appointed, 
 and by these presents do make, authorise, nominate and 
 appoint C D, of, &c. my attorney for me and in my name, 
 To take anu< *° m Y use to enter into and take possession 
 possesion. of all such messuages, lands, tenements, here- 
 ditaments and real estate whatsoever in the state of New- 
 York, whereof 1 uow am or hereafter may be by any ways 
 ©r means howsoever, entitled to or interested in, either in 
 severalty or jointly, or in common with any other person 
 ©r persons 
 
 To sell And also for me and in my name to grant, 
 and convey, bargain and sell the same messua^s, lands, ten- 
 ements and hereditaments, or any part, share and propor- 
 tion thereof, and all such right, title, interest, claim and 
 
POWERS OF ATTORNEY. 153 
 
 demand, both in law and equity as I may have in the same 
 for such sum and price and on such terms as to him shall 
 seem meet, and for me and in my name to make, execute 
 and deliver good and sufficient deeds and conveyances for 
 the same and every part thereof, either with or without cov- 
 enants and warranty. 
 
 And until the sale thereof, for me and in my in the mean 
 name and for my use, to let and demise the time to lease, 
 same real estate or any part or parts thereof, for the best 
 rent that can be gotten for the same. 
 
 And also for me, and in my name, and to my To recover 
 use to ask, demand, recover awl receive all rents, #c 
 Sums of money which shall become due, owing or payable 
 to me by means of any such bargain, sale or lease. And 
 to have, use and take all lawful ways and means for the 
 recovery thereof by attachment, arrest, distress or other- 
 wise, and to compound, arbitrate and agree for the same, 
 and acquittances or other sufficient discharges for the same 
 for me and in my name to make, seal and deliver, and gener- 
 ally to do, execute and perform every thing that may be ne- 
 cessary in and about the premises, as fully in every respect 
 as I myself might or could do, if 1 was personally present. 
 
 And an attorney or attornies under him for Power of 
 all or any of the purposes aforesaid to make substitution- 
 and substitute, and again at pleasure to revoke. And I 
 herebj r ratify, allow and confirm all and whatsoever my 
 said attorney shall do or cause to be done, in and about the 
 premises by virtue of these presents. In witness, &c. 
 
 Special Power by a Widow and Executrix. 
 
 |Z~ NOW all men by these presents, that 1, A B, widow 
 and executrix of the last will and testament of B B, 
 late of deceased, have nominated, constituted and ap- 
 pointed, and in my place and stead put, and by these 
 presents do nominate, constitute and appoint, and in my 
 place and stead put C D and E P of, &c. my trne and law- 
 ful attorney and attornies jointly or severally (or me and in 
 my name, place and stead, and to my use, to ask, 
 demand, sue for, levy, require, recover and re- ^t^^c* 
 ceive all and all manner of goods, chattels, debts, " ' 
 duties, rent and rents, sum and sums of money, an ■■■ ; ds 
 whatsoever, due or hereaftev to be due, owing or beiou^ine: 
 
154 POWERS OF ATTORNEY. 
 
 unto me as well in right of my being executrix as afore- 
 said as in my own right or otherwise howsoever, by any 
 person or persons whomsoever, for any matter, cause or 
 thing whatsoever, anil upon the receipt thereof or of any 
 part or parts thereof, to make and give acquittances, or 
 other discharges for the same, in my name, or in their or 
 either of their own names. 
 
 To enter on And also for me and in my name and stead, to 
 lands. &c. enter an( j make any entry or en)rieg intQ ^ an( j 
 
 take possession and seizin of any lands, tenements or here- 
 ditaments of me the said A B, and for me and in my name 
 and to my use to receive and take all or any rents, issues 
 and profits of all or any such lands, tenements or heredit- 
 aments, and to let, set, sell, or otherwise dispose of all and 
 any part and parts of such lands, tenements, hereditaments 
 or any of them, in such sort, manner and form as my said 
 attornies or either of them, shall think proper. 
 
 To execute And also all and every deed and deeds, con- 
 writings, &c. veyanceandconveyances, writing and writings, 
 in that behalf requisite and necessary, or which my said 
 attornies or either of them, shall think requisite and neces- 
 sary for me and in my name to make, seal and deliver as 
 my act and acts, deed and deeds, and for me and in my name 
 to take, or cause to be taken, any distress or distresses, and 
 make or cause to be made any avowry or avowrys, conu- 
 sance or conusances of or for any such distress or dis- 
 tresses. 
 
 To prose- And for me and in my name to commence and 
 sute suits- prosecute any suit or suits, action or actions, as 
 well real as personal or mixt, for any goods, chattels, debts, 
 duties, demands, matter, cause or thing whatsoever, dae 
 or belonging, or to be due or belonging, unto me, or to be 
 demanded, or that may be demanded by me in any court 
 or courts of law or equity, or in any other court or place 
 whatsoever, and the same action and actions, suit and 
 suits, and every of them to prosecute and follow, or to 
 discontinue the same or become nonsuit therein if they 
 or either of them shall see cause j and also for me and in 
 my name to use and take all such courses, ways and 
 means, and remedies for the recovering, receiving, ob- 
 taining or getting any lands, tenements, rents, heredita- 
 Hjen s goo4a and chan* is. debts demands, duties, sum 
 and sums of money, or other things whatsoever, that is* 
 
POWERS OF ATTORNEY. 1&5 
 
 are or shall be, or by my said attornies or either of them, 
 shall be conceived or thought to be unto me belonging, ap- 
 pertaining, due, owing or payable, as well in right of my 
 being executrix as aforesaid, as in my own right, or any 
 other wise howsoever, as I myself might use or take, if I 
 were present in person. 
 
 And also for me and in my name to appear, ^ 
 make answer and defend in all manner of actions su j ts £ L ? n 
 and suits whatsoever, as well real as personal or 
 mixt. which already are or at any time hereafter shall be 
 commenced, sued or taken against me the said A B, as 
 well in right of my being executrix as aforesaid, as in my 
 own right or otherwise howsoever by any person or persons 
 whatsoever. 
 
 A nd also for me and in my name, to settle and To 
 adjust with all person and persons, all accounts settlement!' 6 
 dues and demands, subsisting or to subsist be- 
 tween them, any or either of them and me, and to compound, 
 arbitrate and agree the same in such manner as my said 
 attornies or either of them shall think proper. 
 
 And for the better doing, acting, performing Power of 
 or executing of all or any of the premises I substitution, 
 do hereby further give unto my said attornies amt either 
 of them jointly and severally, full power and authority to 
 constitute, appoint, authorise, and in their place and stead 
 put and substitute one or more attorney or attornies forme 
 and as my attorney or attornies, or the same at their 
 pleasure again to revoke and other or others in his or 
 their place to substitute and appoint, and to do, execute 
 ftnd perform and finish for me and in my name all and sin- 
 gular those things which shall be expedient and necessary, 
 or which they my said attornies or either of them shall 
 judge expedient and necessary in, about, for, touching or 
 concerning the premises or any of them, as thoroughly, am- 
 ply and fully, as I the said A B, might or could do, in, a- 
 bout or concerning the same, being personally present, and 
 whatsoever my said attornies or either of them, and their 
 or either of their substitutes shall do or cause to be done, 
 in, about or concerning the premises and any part thereof, 
 I the said A B do and shall ratify, confirm and allow, as 
 fully and amply as if I mynelf was personally present, and 
 did the same in my own person. In witness, &c. 
 
0>6 POWERS OP ATTORNEY. 
 
 Power of Attorney, to receive dividends on, 
 or to transfer Public Stock. 
 
 KNOW ALL MEN, &c. (hat I of, &c. do here- 
 by appoint of &c. my attorney, for me and in 
 
 my name [if for interest say] to receive the dividend or di- 
 vidends, which are or shall be payable according to law on 
 
 the day of, Arc. on all [if to transfer say] to transfer, 
 
 assign, sell and set over all or any part of, [or if a part on- 
 ly, say] to transfer, &c. dollars, part of the stock 
 
 standing in my name in the books of the treasury of the 
 United States [Or the Commissioners of Loans in the state 
 of New-York] Avith power also, one or more persons under 
 him to substitute with like power ; and to do all lawful acts 
 requisite for effecting the premises ; hereby ratifying and 
 confirming all that my said attorney or substitute or substi- 
 tutes shall do therein by virtue hereof. In witness whereof 
 I have hereunto set my hand and seal the — day of 
 in the year of 
 
 Sealed and delivered 
 in presence of 
 
 Be it known; That on the ■ day of one thousand 
 
 eight hundred before me, J H W one of the public 
 
 notaries for the state of New- York, duly appointed and 
 commissioned, residing in the third ward of the city of Al- 
 bany, came A B within named, and acknowledged the a- 
 bove letter of attorney to be his act and deed. In testi- 
 mony whereof, I have hereunto set my hand, and affixed my 
 notarial seal, the day and year last aforesaid. 
 
 Power to vote by Proxy. 
 
 KNOW all men, &c. that I, A B of, &c. do hereby 
 substitute and appoint C D of, &c. to be my proxy, 
 for me and in my name and behalf to vote at any election 
 of Directors [or Trustees, &c. as the proper style may be] of 
 the &c. [Describe the Bank, or Company, &c. by its corpo- 
 rate name or title] and on all other matters which, at any 
 regular meeting of the stockholders [or as the case may be] 
 may properly come before them. 
 
 In witness whereof I have hereunto set my hand and 
 seal,&c. 
 In presence of 
 
m 
 
 POWERS OF ATTORNEY. T5? 
 
 Military Invalids. 
 
 The following Directions to Invalid Pensioners were issued 
 from the War Office, in 1791. 
 
 PENSIONS payable every six months by loan Officers 
 in the respective states. First payment to be 4th> 
 September, 1791. Every application to be accompanied 
 with the following vouchers ; 
 
 1st. The certificate given by the state, specifying that: 
 the person possessing the same is in fact an invalid, anil 
 ascertaining the sum to which as such he is annually en- 
 titled. 
 
 2d. An affidavit agreeably to the following form ; A B 
 came before me, one of the justices of the county of 
 
 in the state of and made oath, that he is the same A 
 
 B to w hom the original certificate, in his possession, was 
 given, of which the following is a copy [the certificate giv- 
 en by the state to be recited] that he served [regiment* 
 corps or vessel] at the time he was disabled, and that he 
 now resides in the and county of and has resid- 
 ed there for the last years, previous to which he re- 
 sided in 
 
 In ca3e the invalid should apply for payment by attor- 
 ney, the said attorney, besides the certificate and oath be- 
 fore recited, must produce a special letter of attorney, n~ 
 greeableto the following form; I, AB of county ot" 
 
 j and state of do hereby constitute and appoint 
 
 C D of my lawful attorney, to receive in my behalf 
 
 of my pension for six months, as an invalid pension- 
 er of the United States, from the 4th day of March — 
 and ending the 4th day of September of the same year. 
 
 Signed and sealed, in presence of 
 
 Acknowledged before 
 
 Power of Attorney to receive pension. 
 
 TT NOW all men by these presents, that I, A B of — 
 
 in the county of and state of an invalid 
 
 pensioner of the United States of America, for divers 
 good causes and considerations me hereunto moving, 
 have made, ordained, constituted and appointed, and by 
 these presents do make, ordain, constitute and appoint C 
 
 D of my true and lawful attorney, for me and in my 
 
 O 
 
• 
 
 158 POWERS OF ATTORNEY. 
 
 name, to ask and receive from the Secretary at war, or 
 such other officer as is appointed for that purpose, such 
 sum or sums of money as is or are due and owing unto 
 me, for my pension as a — — on the invalid pension list of 
 
 the United States of America, from the day of — 
 
 to the — day of now last past, in virtue of the laws 
 
 in such case made and provided [or if the invalid is spe- 
 cially named in any law, here insert the title of such law] 
 With power also one or more attornies under him to 
 make and substitute, and to do all lawful acts requisite 
 for effecting the premises ; hereby ratifying and confirm- 
 ing all and whatsoever my said attorney or substitute or 
 substitutes, shall do therein by virtue hereof. In witness 
 
 whereof, 1 have hereunto set my hand and seal, the 
 
 day of in the year of our Lord, one thousand — - 
 
 Sealed, &c. 
 
 Acknowledgment. 
 
 83. Personally came before me, E F, esquire, 
 
 one of the justices of the peace of the county of A B, 
 
 the invalid pensioner within named, and acknowledged 
 the above letter of attorney to be his voluntary act and 
 deed. In testimony whereof, I have hereunto set my hand 
 this day of in the year of our Lord one thou- 
 sand 
 
 Note — The periods at which half yearly pensions be- 
 come due, are the 5th March and 5th September. It is 
 therefore proper to insert in the power, from the 5th 
 March to the 4th September, or from the 5th September 
 to the 4th March, as the case may be. 
 
 A special power of Attorney by substitution. 
 
 ■Z"NOW all men by these presents, that I, A B of, &c. 
 P^- by virtue of the power and authority to me given by 
 a certain letter of attorney bearing date, &c. and executed 
 by C D of, &c. have nominated and appointed, and by 
 these presents do nominate and appoint I E of, &c. as my 
 substitute and the attorney of the said C D, to enter into 
 and upon all and singular the lands, tenements and here- 
 ditaments to the said C D belonging at &c. and to tal * 
 
POWERS OF ATTORNEY. 
 
 159 
 
 possession of the same in his name and for his use ; and 
 also to demand and receive all rents now in arrear, or 
 which may hereafter become due from the tenants, hold- 
 ers or occupiers of such lands, tenements and heredita- 
 ments, or any part or parcel thereof, and to give acquit- 
 tances and discharges for the same ; and also in default 
 of payment of such rents or any part or parcel thereof, to 
 levy the same by distress according to law, or to prose- 
 cute for the same by action. In witness, See. 
 
 A general Power by Substitution. 
 
 ¥7" NOW all men by these presents, that whereas A B 
 of &c. by his certain letter of attorney bearing date 
 the &c. did make, &c. (reciting the power at large) as by 
 the same letter of attorney reference being thereunto had 
 will more fully appear. Now know ye that I the said C D, 
 the attorney so named, in virtue of the authority to me 
 given, in and by the said letter of attorney have nominated 
 and appointed, and by these presents do nominate and ap- 
 point J Eof, &c. as my substitute and the attorney of the 
 said A B for the purposes in the said letter of attorney 
 mentioned, and as the attorney of the said A B, to do, per- 
 mit, suffer and perform, all and singular the matters and 
 things in the said letter of attorney specified, and which 
 by the said letter of attorney I am authorised to do, per- 
 mit, suffer or perform. In witness, &c. 
 
 A Revocation of a letter of Attorney. 
 
 KNOW all men by these presents, that whereas I, A 
 B of in and by my letter of attorney, bearing 
 
 date did make, constitute and appoint C D of 
 
 my attorney, for recovery of all debts and sums of money 
 
 whatsoever due to me the said A B from E F of 
 
 as by said letter of Attorney may appear : Now know ye, 
 that 1 the said A B have revoked, countermanded, annul- 
 led and made void, and by these presents do revoke, coun- 
 termand, annul, and make void, the said letter of attorney 
 and all power and authority thereby given or intended to 
 be given to the said C D. In rvihm.?,&c. 
 
RELEASES OR ACQUITTANCES. 
 
 PRACTICAL REMARKS. 
 
 A release must be by an instrument sealed ; and the 
 most beneficial release which a man can have is one of all 
 demands. 
 
 Where a person has a cause of action against several, 
 either for a debt due or a wrong done, and for which they 
 are jointly and separately liable, it seems that a release to 
 one, is a release to all. 
 
 Jl Release made in pursuance of an award. 
 
 KNOW ALL MEN by these presents, that I, J S of 
 &c. in the county of, &c. have remised, released, 
 and forever quit-claimed ; and by these presents do re- 
 mise, release, and forever quit-claim unto R S of, &c. in 
 the said county, his heirs, executors and administrators, 
 all actions, cause and causes of action, judgments, suits, 
 controversies, trespasses, debts, duties, damages, ac- 
 counts, reckonings and demands whatsoever, for or by 
 reason of any matter, cause or thing whatsoever, from 
 
 the beginning of the world to the — — day of last, 
 
 save and except my right to redeem a certain farm now 
 in mortgage to (he said R S, at the ti?ne, under the terms 
 and in the manner prescribed in and by a certain award 
 
 ttiade the day of in the year by S K of cSjc. 
 
 on a reference to him of all disputes between me and the 
 said R S — In witness. 
 
 A Release of a Trust. 
 
 "IT" NOW all men by these presents, that whereas iu 
 
 JisL ana< 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 R of — of the 
 
 other part, the said C D for the considerations therein 
 
RELEASES OR ACQUITTANCES. |§1 
 
 oientioned, did grant — . In which said indenture of 
 
 I the said A B do hereby declare, that my name was 
 
 oniy used in trust for E F of . Now know ye, that f 
 
 the said A B,Tn ^discharge of the trust in me reposed as 
 aforesaid, and at the request of the said EF have remis- 
 ed, released, surrendered, assigned, transferred and set 
 over, and by these presents do for me, my executors aud 
 administrators, freely and absolutely remise, release, sur 
 render, assign, transfer, and set over unto the said E F, 
 his executors, administrators and assigns, all the estate, 
 right, title, interest, benefit, trust, claim and demand 
 whatsoever, which I the said A B, my executors or ad- 
 ministrators, can, shall or may have, or claim of, in or to 
 the said premises, or of, or in any sum or sums of money, 
 or other matter or thing whatsoever, in the said inden- 
 ture of contained, mentioned and expressed ; so that 
 
 neither I the said A B, my executors or administrators, at 
 any time hereafter, shall or will claim, challenge or de- 
 mand any interest, property, benefit or other thing, in any 
 manner whatsoever, by reason or means of the said inden- 
 ture or any covenant therein contained; but thereof and 
 therefrom, and of and from all actions, suits and demands, 
 which 1, my executors or administrators, may have, con- 
 cerning the same, shall be forever debarred by these 
 presents, lu wituess, Sec. 
 
 A Release of a Legacy. 
 
 K VOW all men by thes< presents. That nhcrcas A B 
 of by his last will and testament in writing, 
 
 hearing date did among other legacies therein con- 
 tained, give and bequeath unto me, C D of — — the sum 
 or legacy of and of his said v. ill made and constitut- 
 ed E F, sole executor, as in and by the said will may ap- 
 pear. Now know yc, that I the said C D do hereby con- 
 fess and acknowledge, that 1 hav<- had and received of and 
 from the said E F the legacy or sum of so as afore- 
 said given and bequeathed unto me by the said A B. And 
 therefore I do I. y these ; resents acquit, release and dis- 
 charge the said E F of and from all legacies, dues, duties 
 Mid demands whatsoever, which I, ms ex<cut<«rs or ad- 
 ministrators Blty have, claim, ch Ilengeor demand of or 
 against the said E F, his executors or administrators, by 
 
162 RELEASES OR ACQUITTANCES. 
 
 virtue of the said last will and testament of, or out of the 
 estate of the said A B deceased as aforesaid. 
 In witness, &c. 
 
 A releasefrom a legatee upon his coming to age. 
 
 KNOW all men by these presents, That whereas A B 
 of made his last will and testament in writing 
 
 bearing date and among other legacies therein con- 
 tained, did give and bequeath unto me, C D of his 
 
 son, the annual sum of — to be paid to me quarterly* 
 until I should attain the age of one and twenty years; 
 and of his will constituted E F and G H joint executors, 
 as in and by the said will may appear : And wlwreas, the 
 said E F and G H did jointly accept of the said executor- 
 ship and trust, and I, the said C D have attained my said 
 age of twenty-one years : And whereas, the said E F and 
 G H have made up an account with me, the said C I> of 
 all monies received and paid by the said E F and G H 
 and all transactions in pursuance of the said executor- 
 ship and trust; and have not only paid me, the said C D 
 the halance of such accounts, but also delivered unto me 
 all the writings and papers belonging to the estate of the 
 said deceased A B. Now know ye, that I the said C D 
 being fully satisfied in the premises, have remised, release 
 ed, and forever quit claimed, and by these presents, do 
 remise, release and forever quit claim unto the said E F 
 and G H, and each of them, their and each of their execu- 
 tors and administrators, all reckonings and accounts, sunt 
 and sums of money by them had and received, in pursu- 
 ance of the said trust, or by any means of their being ex- 
 ecutors to the said A B as aforesaid; and also of and from 
 all other reckonings, accounts and demands whatsoever, 
 from the beginning of the world to the day of the date of 
 these presents. In witness, &c. 
 
 Release to an executor very special. 
 
 TO all to whom these presents shall come R C of &c. 
 and C his wife (one of the daughters, devisees and le- 
 gatees named in the ! ast will and testament of J K late of 
 &c. deceased) send greeting : whereas the said J K at the 
 time of his death being possessed of, interested in, or entr- 
 
RELEASES OR ACQUITTANCES. id 
 
 fled unto a considerable personal estate, did, on or about 
 
 the day of in the year make and duly 
 
 publish-fiis last will and testament in writing, and thereby 
 gave, devised and bequeathed unlo his the said testaforV 
 two daughters, the said C C and M D the wife of T D, all 
 his the said testator's estate, both real and personal, to be 
 equally divided between them share and share alike. 
 And the said testator appointed T E, executor of his 
 said will. Tn trust to sell the saleable part of his, the 
 said testator's estate and effects, and to apply the same 
 according to the directions in his said will as by the said 
 will relation being thereunto had may more fully and at 
 large appear * by virtue of which said will he the said']' 
 E possessed himself of so much of the personal estate of 
 the said testator as could be received, in trust as afore- 
 said. And w hereas the said T E has paid unto the said 
 T I) and M his w ife, the proportionable share or interest 
 in the said testator's estate and effects, and is willing and de- 
 sirous to pay to the said R C and C his wife, their pro- 
 portionable share thereof on being indemnified and re- 
 leased in such manner as hereinafter is menlioned. And 
 whereas the said T E hath received in cash and by sale 
 of the saleable part of the said testator's estate and effects 
 
 the sum of And there are now several notes of hand 
 
 and book debts still outstanding, which are due to the 
 said testator's estate, which cannot be by him got in and 
 received, (notwithstanding he hath used his utmost en- 
 deavours so to do) and which he apprehends are desperate, 
 and on fair and just account now stated between the said 
 T E and R C and C his wife, and after all charges, ex- 
 penses and disbursements thereout allowed and deduct- 
 ed, there now remains due to the said RC and C his 
 
 wife on the balance thereof the sum of 
 
 Now these presents witness, that for and in considera- 
 tion of the said sum of to the said R C and C his 
 
 wife, in hand well and truly paid by the sfid T E, at or 
 before the sealing and delivery of these presents, the re- 
 ceipt whereof they the said R C and C his wife do hereby 
 respectively acknowledge, and thereof and of and from 
 every part and parcel thereof, do and each of them doth 
 acquit, release and discharge the said T E, his executors 
 and administrators by these presents, being in full foe 
 their share, of all the personal estate and effects of the 
 
154 RELEASES OR ACQUITTANCES. 
 
 said testator come to the hands of the said T E, they the 
 said R C and C his wife, have and each of them hath re- 
 leased, exonerated and discharged, and by these presents 
 do and each of them doth release, exonerate and discharge 
 the said T E, his executors and administrators, of and from 
 the trusts so vested in him, in and by the will of the said 
 J K as aforesaid. 
 
 And also of and from all sum and sums of money what- 
 soever, by him the said T E, received under or by virtue of 
 the trusts aforesaid, and also of and from all accounts, mat- 
 ters and things whatsoever, relating to the personal estate 
 of 5 he said testator, or otherwise touching or concerning the 
 same. 
 
 And these presents further witness, that for the consider^ 
 ations aforesaid, they the said R C and C his wife, have 
 and each of them hath remised, released and forever quit- 
 claimed, ami by these presents do and each of them doth 
 remise, release and forever quit-claim unto the said T E, 
 his heirs, executors and administrators, all and all manner 
 of action and actions, suit and suits, cause and causes of 
 action and suits, both at law and in equity, or otherwise 
 howsoever, which they the said RC and C his wife, or ei- 
 ther of them now have or ever had, or which they or either 
 of them, their or any of their heirs, executors or adminis- 
 trators at any time hereafter can, shall or may have, claim, 
 challenge or demand against the said T E, his executors or 
 administrators, for or on account of his being executor or 
 trustee under the will of the said testator, or acting in the 
 disposition or intermeddling with the said personal estate 
 Or otherwise howsoever, touching or concerning the same 
 from the beginning of the same to the day of the date of 
 these presents. 
 
 And lastly, he the said R C, for himself and for the said 
 C his wife, their executors and administrators doth hereby 
 covenant, promise and agree to and with the said T E, his 
 executors anil administrators by these presents, that in 
 case there shall at any time hereafter appear to be any 
 just debts due from the estate late of him the said J K, to 
 any person or persons whomsoever, that then and ia 
 such case he the said R C ami C his wife or one of them, 
 some or one of their executors or administrators shall 
 an t will well and truly pay, satisfy and tlteeharee ihe 
 same ; aud also shall and will from time to time and at 
 
 ■4 
 
RELEASES OR ACQUITTANCES. 165 
 
 all times hereafter, well and sufficiently save harmless and 
 keep indemnified the same T E, his heirs, executors and 
 administrators, and his and their and every of their lands 
 and tenements, goods and chattels, as well of and from 
 the payment of all and every the debts which are now 
 due from the estate late of the said J K as aforesaid, as also 
 of and from and against all actions, suits, costs, charges, 
 damages and expenses whatsoever, which shall or may 
 be brought or commenced against the said T E, his exec- 
 utors or administrators, of which he, they or any or either 
 of them shall or may pay, bear, sustain, suffer or be put 
 unto for or by reason or on account of the said T E, act- 
 ing as executor or trustee as aforesaid, under the will of 
 the said J K or otherwise howsoever. In witness, &c. 
 
 A general release from one to one. 
 
 1Z"N0W all men by these presents, that i, A B of, &c. 
 
 have remised, released, and forever discharged, and 
 by these presents do for me, my heirs, executors and ad- 
 ministrators, remise, release, and forever discharge, B C 
 of, &c. his heirs, executors and administrators, of and for 
 all and all manner of actions, causes of action, suits, debts, 
 dues, sums of money, accounts, reckonings, bonds, bills, 
 specialties, covenants, contracts, controversies, agree- 
 ments, promises, variances, damages, judgments, extents, 
 executions, claims and demands whatsoever, in law and 
 equity, which against tbe said B, I ever had, now have, or 
 which I, my heirs, executors or administrators hereafter 
 can. shall or may have, for, upon, or by reason of any mat- 
 ter, cause or thing whatsoever, from the beginning of the 
 world to the day of the date of these presents. 
 In witness, 8cc. 
 
 From two to one, 
 
 f |^HAT we A B of, &c. and C 1J, of etc. have and each 
 _fl_ of us hath remised, &c. and by, &c. do, and each of 
 us doth for us, and each of our heirs, &c. remise, &c. which 
 against tbe said E, we, or either of us ever bad, have,, 
 or which we, or either of us, our or either of our heirs, &c. 
 hereafter can, &c. 
 
165 RELEASES OR ACQUITTANCES. 
 
 A release between two traders or. settlir-.g 
 accounts. 
 
 YY'HEREAS =■; 
 
 Y Y "- ; . - - . . . 
 
 and defending for many years last past, between B ? J. 
 &c- and H J late oC, Arc. but now of, &c which said ae- 
 cr.-jia-5 and Sealing they the said BP an 1 H J have -A- 
 anced and adjusted, by which balance it appears that notb- 
 'mz remains due final the one to the other; therefore to pre- 
 vent anv furore disputes :o r jehirj£ or c onrjenang s:en ac- 
 count- and dealing, and to ascertain and eonrtrm such :>al- 
 
 en:s. in witness, &.c. 
 
 *_\~ B. Alter the morris, all run. 
 
 B P : j: H J. and instead « H J r-ut B P 
 
 K 
 
 v l e' 
 
 Release to a Guardian. 
 
 , , _ . ;i e ~ .--.rs. . ,: L M. 
 
 Inch betbes id L 
 ; iec *Jtors or a dm is- 
 
WILLS. 
 
 167 
 
 istrators, at any time hereafter, can or may have, claim, 
 or demand against the said i H, his executors, or adminis- 
 trators, for, touching or concerning the management and 
 disposition of any of the lands, tenements or hereditaments 
 of the said L M, situate, &c. or any part thereof, or for or 
 by reason of any money, rents or other profits by him re- 
 ceived out of the same, or any payments Hide 'hereof dur- 
 ing the minority of the said L M, or by reason of any mat- 
 ter, cause, or thing whatsoever, from the beginning of the 
 world to the day of the date hereof. In witness, &c. 
 
 WILLS. 
 
 PRACTICAL REMARKS. 
 
 If a man's estate consists merely of personal property, 
 he may make his \m11, without witnesses, but it is best to 
 have them. 
 
 If real estate is to pass by it, there must be three witness- 
 es at least ; and these witnesses must subscribe the will, in 
 the presence of the testator. 
 
 The attestation is sure to be good, if the testator signs 
 the will in the presence of three witnesses — tells them it is 
 his will, and requests them to witness it — and sees them 
 write their names as witnesses. 
 
 In drawing the will, it ought to be recollected, that any 
 provision made in it for the wife, will not prevent her hav- 
 ing dower also, unless it is declared to be in lieu of dower. 
 
 In a devise of real estate, it is always adviseable to say 
 what interest is intended to be given whether for years, or 
 life, or forever; and also to describe the property with rea- 
 sonable certainty. 
 
 Lands purchased after making a will, do not pass by it, 
 unless it is republished : nor will after bom children receive 
 any benefit from it, unless they are provided for by a codicil. 
 
 The republishing of a w ill, is in fact a new execution of 
 it, and it may be done in the presence of the former, or any 
 other three witnesses. 
 
 A codicil is, as far as it goes, a new and supplemental 
 will, and requires a like attestation, with the oriffnal will. 
 
WILLS. 
 
 The form of a Will, with the devise of a Real 
 Estate, Leasehold, 5fc. 
 
 THE last Will and Testament of A C, of, &c. I, A C, 
 considering the uncertainty of this mortal life, and 
 being; of sound mind and memory, (blessed be Almighty 
 God for the same) do make and publish this my last will 
 and testament, in manner and form following, (that is to 
 say,) First, I give and bequeath unto my beloved wife J C 
 
 the sum of . Item, I give and bequeath to my eldest 
 
 son G C the sum of . Item, I give and bequeath unto 
 
 my two younger sons .1 C and F C the sum of each. 
 
 Item, I give and bequeath to my daughter-in-law, S H, sin- 
 gle woman, the sum of which said several legacies or 
 
 sums of money I will and order to be paid to the said res- 
 pective legatees within six months after my decease. I 
 further give and devise to my said eldest son G C, his 
 heirs and assigns, all that messuage or tenement, situated, 
 lying and being in, &e. together with all my other freehold 
 estate whatsoever, to hold, to him the said G C, his heirs 
 and assigns forever. And 1 hereby give and bequeath to 
 my said younger sons J C and F C all my leasehold estate 
 of and in all those messuages or tenements with the ap- 
 pertenances, situate, &c. equally to be divided between 
 them. And lastly, as to all the rest, residue and re- 
 mainder of my personal estate, goods and chattels of what 
 kind and nature soever, I give and bequeath the same 
 to my said beloved wife J C whom I hereby appoint sole 
 executrix of this my last will and testament; hereby revok- 
 ing all former wills by me made. In witness whereof I 
 
 have hereunto set my hand and seal, the day of 
 
 in the year of our Lord one thousand A C. 
 
 Signed, sealed, published and declared by 
 the above named A C, to be his last will 
 and testament, in the presence of us who 
 have hereunto subscribed our names as 
 "witnesses, in the presence of the testator. 
 
 R S, 
 WT, 
 T W. 
 
WILLS. 
 
 A Codicil to a Will, that is to say, a Supplement or addition 
 
 to it. 
 
 WHEREAS I, A C, of, &c. have made my last will anil 
 testament in writing, bearing date, &c. [and have 
 thereby, &c. &c] Now I do by this my writing, which E 
 hereby declare to be a codicil to my said will, to be taken as 
 a part thereof, [will and direct, &c. &c] give and be- 
 queath to my niece M S one gold watch, one large diamond 
 ring, and one silver coffee-pot. And whereas in and by my 
 last will and testament, I have given and bequeathed to my 
 
 daughter-in-law G H the sum of 1 do hereby order ant! 
 
 declare, that my will is that only the sum of be paid un 
 
 to her in full of the said legacy I have as aforesaid given 
 and bequeathed unto her; and that the remainingpart of the 
 said legacy be given and paid to my nephew E G. And last- 
 ly, it is my desire, that this my present codicil be annexed to 
 and made a part of my last will and testament to all intents 
 and purposes. In witness whereof I have hereunto set my 
 hand and seal this day of — &e. A C. 
 
 Signed, sealed, published and declared by the a- 
 bove named A C as a codicil to be annexed to 
 his said last will and testament,in the presence 
 of 
 
 R. S. 
 W. T. 
 T. W. 
 
 Clause concerning Disputes about any Gift or Bequest in a 
 Will. 
 
 AND lastly, my express will and meaning is, and I do 
 hereby older and appoint, that if any difference, dis- 
 pute, question or controversy shall be moved, arise, or hap- 
 pen concerning any gift, bequest, matter or thing in this my 
 will given and bequeathed, expressed or contained, that 
 then no suit or suits, in law or equity, or otherwise, shall be 
 brought, commenced or prosecuted, for and concerning the 
 same, but the same shall be referred wholly to the award, 
 order and determination of my friends F H and R 1), both 
 of, <fec. and what they shall order, direct or determine there- 
 in, shall be binding and conclusive to all and every person 
 and persons therein concerned. 
 
 P 
 
WILLS. 
 
 Proviso that Sums advanced by Testator in his life time to 
 Children, shall be taken as part of Portion. 
 
 PROVIDED always, and I do hereby declare, that in 
 case I shall, in my life time, advance and pay to any of 
 my children either sons or daughters, any sum or sums of mo- 
 ney for his or their benefit or advancement in the world or 
 otherwise, and shall signify the same in writing under my 
 hand, then if any such sum or sums shall be equal to the 
 share or shares of such child or children respectively, of and 
 in the premises, &c. by me hereby devised or bequeathed 
 for their respective benefits, such sum or sums so paid or ad- 
 vanced, shall in that case be accounted in full satisfaction 
 of the share or shares of such child or children respectively, 
 in the said estate and premises ; but if such advanced sum 
 or sums shall be less than the share or shares of such child or 
 children respectively, of and in the said premises, &c. then 
 such advanced sum or sums shall be accounted as part only 
 of the share or shares of such child or children therein, and 
 in that case such child or children shall not receive or be 
 entitled to any share or interest of, or in such parts of the 
 said premises, &c. which shall have been paid or advanced 
 to him, her or them for the purposes aforesaid, until the other 
 or others of such child or children shall have received as 
 much of the said premises, &e. as shall make his, her or 
 their share or shares thereof equal to what shall have been 
 so paid or advanced to or for the benefit, advantage or pre- 
 ferment of such child or children respectively ; to the end 
 and intent that the said premises may be equally divided 
 among all such children, share and share alike. 
 
 Appointment of Guardianship. 
 
 A ND I hereby commit the guardianship of all my chil- 
 dren, until they shall respectively attain the age of 
 twenty one years, unto my said w ife, during her iife, if she 
 Shall so long continue my widow; and from and after her 
 decease or second marriage unto my trusty and much es- 
 teemed friend A B, his executors and assigns . and do here- 
 by declare that the expenses of the maintenance and educa- 
 tion of my said children, until they shall attain the age 
 aforesaid, or become entitled to the sum or sums of money 
 hereby provided for their benefits respectively, shall be paid 
 
WILLS. 
 
 171 
 
 and borne by my said wife, by and out of the monies and 
 estate, given and bequeathed to her in and by this my 
 will. 
 
 Devise from a husband to his wife of an estate for life in lieu 
 of Dower, Remainder to his children as tenants in com- 
 mon. 
 
 ITEM. I give and devise unto my said wife, all that, 
 tny said messuage or tenement, with the appertenances, 
 situate, &c. with the lands and hereditaments thereunto be- 
 longing, and the rents, issues and profits thereof, for and 
 during the term of her natural life ; and from and after the 
 decease of my said wife, I give and bequeath the said mes- 
 suage or tenement, lands and hereditaments, unto such child 
 or children, as I shall leave or have living at the time of my 
 decease, and to their heirs and assigns forever, as tenants 
 in common, and if I shall have no such child or children, 
 &c. then 1 give and devise, &c. which said legacy given 
 to my said wife as aforesaid, I hereby declare is intended 
 to be, and is so given to her in full satisfaction and recom- 
 pense of, and for her dower and thirds which she may, or 
 can in any w ise claim or demand out of my estate. ITEM, 
 I give and devise all the rest and residue of my estate, 
 both real and personal (not herein before by me given and 
 bequeathed) unto, &c. 
 
 Form of a Will of Lands. 
 
 I A B, of in the county of — do make this my 
 last will : First, I give and devise unto C D, of . 
 
 all and every my messuages, lands, tenements and heredita- 
 ments, with the appertenances, whereof 1 am seized in fee, 
 
 situate, lying and being in in the county of and 
 
 now or late in the several tenures or occupation of and 
 
 or one of them, their or one of their assigns, lessees or 
 
 under-tenants; To have and to hold all and every the said 
 messuages, lands, tenements and hereditaments, with the ap- 
 pertenances to him the said C D, his heirs and assigns forever. 
 Also, I give and devise to my son G JB, all that land lying 
 
 in near unto . To hold unto the said G for the 
 
 term of his iife,and after his decease to my grand-daughter 
 E 15. her heirs and assigns forever, lu witness whereof I 
 
172 
 
 WILLS. 
 
 have hereunto set my hand and seal, the — day of 
 in the year of our lord . A B. 
 
 Signed, sealed, published and declared by the 
 testator as and for his last will and testa- 
 ment, in the presence of us, who at his re- 
 quest, in his presence, and in the presence 
 of each other, have subscribed our names 
 as witnesses thereto. C D, 
 
 E F, 
 H J. 
 
 Form of a Will of Goods. 
 
 IN the name of God, Amen. I, A B of — in the 
 county of yeoman, being mindful of my mortality, 
 
 do this day of in the year of our Lord 
 
 make and publish this my last will and testament in man- 
 ner following : First, I desire to be decently and privately 
 
 buried in the church-yard at without any funeral 
 
 pomp, and with as little expense as may be. 
 
 Also, I give and bequeath unto my eldest son J B, the 
 sum of 
 
 Also, I give and bequeath unto my second son W B, the 
 sum of — — 
 
 Also, I give and bequeath unto my daughter M B, the 
 sum of 
 
 To be paid unto them respectively, so soon as one year 
 after my decease shall be expired, 
 
 Also, I do forgive unto L M the sum of — — out of the 
 principal sun 1 , of which he owes to me upon bond. 
 
 Also, I give to my grand-daughters A and B children of 
 
 my daughter C, the sum of a-piece, to be paid io them 
 
 respectively at their respective ages of twenty one years, 
 or days of marriage, which shall first happen ; the same to 
 be put out to interest at the discretion of my executrix, and 
 the interest accruing thereby, to be applied to their educa- 
 tion and maintenance respectively until their said respect- 
 ive ages or marriages. And in case either of them shall 
 die before the age of twenty one years or marriage, then I 
 give the share of her so dying unto the survivor of them. 
 And if both of my said grand-daughters shall happen to die 
 before the attaining the age of twenty one years or mar- 
 riage, then I give and bequeath the whole of the said sev- 
 eral sums unto my daughter D if she shall be then living. 
 
WILLS. 
 
 173 
 
 Also, I give to my wife E B during her life, the use of all 
 my plate and household goods, bedsteads, bedding, and other 
 furniture ; and after her decease to remain to my son J B. 
 
 All the rest and residue of my personal estate whatsoever 
 and wheresoever, of what nature, kind and quality soever the 
 same may be, and not herein before given and disposed of 
 (afterpayment of my debts, legacies and funeral expenses) I 
 do give and bequeath unto my wife E B her executors, ad- 
 ministrators, and assigns ; to and for her and their own use 
 and benefit absolutely ; And I do hereby constitute and 
 appoint my said wile E B sole executrix of this my last will 
 anii testament. In witness whereof [ have hereunto set my 
 hand and seal, the day and year first above written. 
 
 A B. 
 
 Signed, sealed, published and declared, by the 
 said testator, as and for his last will and testa- 
 ment, in our presence, who, at his request, 
 in his presence, and in the presence of each 
 other, have subscribed our names as wit- 
 nesses thereto. C D 
 
 E F. 
 
 Form of a Will of Lands and Goods. 
 
 IN the name of God Amen. I, A B of Esquire, do 
 m ike and declare this my last will and testament in man 
 ner and font) following : First, I resign my soul into the 
 hands of Almighty God, hoping and believing in a remission 
 ef my sins, by the merits and mediation of Jesus Christ ; And 
 my body 1 c »mmit to the earth to be buried at the discretion 
 of my executor herein after named : And my worldly estate I 
 give ami devise as follows: 
 
 First, I give and devise to my younger son B B all that 
 my whole messuage and tenement, situate, lying and being 
 
 at To have and to hold to my said son B B his heirs anil 
 
 assigns for ever. 
 
 Also, 1 give and devise all that my messuage and tene- 
 ment wilh the appertenances, situate lying and being at- 
 
 Onto my d mghfer C B. To have and to hold to my said 
 daughter B and her assigns, for and during the term of her 
 natiral life, without Impeachment of waste: and from aid 
 htoffiediately after her decease. I give an d devise the same 
 unto my said son B B his heirs and assigns forever. 
 P2 
 
174 
 
 WILLS. 
 
 Also, I give and devise unto my grandson G B all that my 
 messuage and tenement, with the appertenances, situate, 
 
 lying and being at commonly called — — : To have 
 
 and to hold (subject nevertheless to, and charged and 
 chargeable with the annuity, yearly rent or sum of here- 
 in after mentioned) to him the said G B his heirs and assigns 
 forever : And I do hereby give, devise and bequeath unto my 
 wife E B and her assigns, for and during the term of her 
 
 natural life, one annuity or clear yearly rent or sum of 
 
 free of all taxes and other deductions, to be issuing and paya- 
 ble out of the said messuage and tenement, and to be paid and 
 payable by equal halfyearly paymentsat the first pay- 
 ment thereof to be on ; and I do hereby charge and sub- 
 ject thesaid messuage and tenement toand with the payment 
 of the said annuity, yearly rent, or sum of— accordingly : 
 And my will is, that in case the said annuity, or any part 
 thereof, shall be behind or unpaid by the space of twenty 
 
 days next after the aforesaid , whereon the same is 
 
 herein before directed to be paid as aforesaid, (being lawful- 
 ly demanded) that then and so often it shall and may be 
 lawful for my said wife and her assigns, to enter upon the said 
 premises, charged with the said annuity as aforesaid, and 
 distrain for the same or for so much thereof as shall be so in 
 arrear; and the distress and distresses then and there found 
 to detain and keep, until she shall be fully paid and satisfi- 
 ed all such arrearages, with costs and charges in arid about 
 the making and keeping thereof. And in case the said annu- 
 ity, or any part thereof, shall be behind and unpaid for the 
 spaceof forty days nextafter any ofthesaid days of payment, 
 whereon the same ought to be paid as aforesaid, that then and 
 so often it shall and may be lawful for my said wife a.;d har 
 assigns, into all and singular the premises, charged with the 
 said annuity as aforesaid, to enter, and the rents, issues and 
 profits thereof to receive and take, until she be therewith and 
 thereby, or bv the person or persons who shall be then enti- 
 tled to the immediate possession of the premises, paid and 
 satisfied the same and every part thereof, and 11 the arrears 
 thereof incurred before , ami that shall incur during suoh 
 time as she shall receive the rents, issues and profits there- 
 of, or be entitled to receive the same by virtue of such 
 entry to be made as Mforesaid, togetherwit h her costs, dam- 
 ages and expenses laid out and sustained, by reason of the 
 nonpayment thereof, or any part thereof. 
 
WILLS. 
 
 175 
 
 Also, I give and devise unto D F all that my messuage 
 and tenement, with the appertenances, which I hold by or 
 
 under a lease from and all my estate, right,1itle, term and 
 
 interest of and in the same premises, with the appertenan- 
 ces ; To have and to hold to him the said I) F his executors, 
 administrators and assigns, and to and for his and their 
 own use and benefit. 
 
 Also, I will and ordain, that the executor of this my last 
 w ill and testament, or his executor or executors, for and to- 
 wards the performance of my said testament shall, with all 
 convenient speed after my decease, bargain, sell and alien 
 
 in fee simple all those my lands called ; for the doing, 
 
 executing, and perfect finishing whereof, I do by these pre- 
 sents give to my said executor and his executor or executors 
 full power and authority to grant, alien, bargain, sell, con- 
 vey and assure all the same lands called to any person 
 
 or persons and their heirs forever in fee simple, by all and 
 every such lawful ways and means in the law, as to my 
 said executor or his executor or executors, or to his or their 
 counsel learned in the law, shall seem fit or necessary. 
 
 Andi do hereby appoint my trusty friend E E executor 
 of this my last will and testament, and do give unto him the 
 
 sum of in consideration of the pains and trouble he 
 
 will have in the execution of this my will. 
 Also, 1 give unto P Q of — the sum of one hundred dollars. 
 Also, I give unto R. S of the like sum of one hun- 
 dred dollars. 
 
 Also, for the better education of my children, A, B and C 
 i do give and dispose of the tuition anil custody of them, 
 and every of them, unto my wife E B lor such time as they 
 or any of them respectively continue unmarried, and under 
 the age of one and twenty years, and my said wife remains 
 my widow ; but if my said wife shall die or marry, (luring 
 the single life and nonage of any of my said children, then 
 I give the custody and tuition of such of my children, so be- 
 ing unmarried and under the age of one and twenty years at 
 the marriage or death of my wife, unto my said executor E E. 
 Also, 1 do hereby authorize, empower, and direct my said 
 executor, his executor or executors, from and after my de- 
 cease until the aforesaid G B shall attain his age of one an(J 
 twenty years, to m mage and improve the estate and for- 
 tune of him i he said G B by me hereby given him, for ids 
 use and benefit, and to lease all or any part of his freehold 
 °r leasehold estates, and to lend and place out upon seen 
 
176 
 
 WILLS. 
 
 rity or securities, at interest or otherwise improve aeeorti? 
 ins: to his or their discretion or discretions, all or any part 
 of the monies belonging to or arising from the said estales 
 ami fortune of the said G B and to pay unto and account 
 with him the said G B for all such rents interests, produce 
 and improvements, as shall arise from, or be made of, and 
 produced by the estates, monies and fortune hereby given 
 and devised to him when he shall attain his age of twenty 
 one years. 
 
 And my will is, and I do hereby expressly declare, that 
 my said executor, his executor or executors, shall not be 
 cha - ged or chargeable with, or accountable for, more of the 
 aforesaid monies or estates than he or they shall actually re- 
 ceive, or shall come to his or their respective hands hy vir- 
 tue of this my will, or with or for anv loss «vhich shall hap- 
 pen of the said monies or estates hereby by me given to the 
 said C B, or of any part of my personal estate, so as such 
 loss happen without his or their wilful default and neglect. 
 
 And also, that it shall and may be lawful for him my said 
 executor, and his executor or executors, in the first place, 
 out of the said premises respectively, and out of the residue 
 of my personal estate, to deduct and reimburse himaud them- 
 selves respectively, all such loss, costs, charges and expen- 
 ses as he or they shall sustain, exnend or be put unto, for or 
 by reason of the performance of this my will, or the man- 
 agement or execution thereof respectively, or any oilier 
 thi : <z in any wise relating thereto. 
 
 And final} H 7. all the rest, residue and remainder of all my 
 estate and effects, real and personal, whatsoever and where- 
 soever, not herein before otherwise effectually disposed of 
 (afterpayment of my debts, legacies, and funeral expenses, 
 and other charge? and deductions as aforesaid) 1 do give, de- 
 vise and bequeath unto my eidest son A B. In witness. 
 
 A B. 
 
 tSgned, seated, published and declared, by the said 
 Testator as and for his last will and testament , 
 mpresenbe of tis, who at his rcqu st, in his pres- 
 ence and in the presence of each other, have sub- 
 scribed our names as ivitnesses thereto. C D, 
 
 E P, 
 G H, 
 
THE 
 
 CLERK'S ASSISTANT, 
 
 PART II. 
 
 CONTAINING 
 
 SELECTIONS OF VARIOUS USEFUL PRACTI- 
 CAL FORMS, &c 
 
APPRENTICES. 
 
 Forms of proceeding* before magistrates un- 
 der the law concerning apprentices. 
 
 Summons of the master for misusing his apprentice. 
 
 Ulster, to wit : To any Constable of the town of — - in 
 the said county. 
 
 HEREAScomplaint and information hath been made 
 
 unto me one of the justices of the peace of the 
 
 said county, by A B. apprentice to C D of in the said 
 
 county, Blacksmith, that the said C I) hath misused and ill- 
 treated him the said A B by cruel punishment, and beating 
 him the said A B without just cause, and doth not allow un- 
 to him sufficient and necessary provision and apparel, (or as 
 the case shall be.) These are therefore in (he name of the 
 people of the state of New York, to command you to sum- 
 mon the said C D to appear before me at the house of— — 
 
 at in the said county, on the day of at 
 
 the hour of in the afternoon of the same day, to an- 
 swer unto the same complaint, and to be further dealt with 
 according to law. Herein fail you not. Given under 
 my hand and seal the he. 
 
 Summons of the apprentice on complaint of tfic master. 
 
 Ulster, to wit : To any constable of the town of in 
 
 the said county : — 
 
 WHEREAS complaint and information hath been 
 
 made unto me one of the Justices of the peace 
 
 of the said county, by D of — in the said county, Black- 
 smith, that A B, now being an apprentice to him, the said 
 C i), is negligent, stubborn, disorderly, (or as the case shall 
 be) and doth not his duty to the said C J) his master. 
 These are therefore to command you to summon the said 
 A B to appear before me at, &c. to answer to the said 
 complaint, aud to be further dealt with according to law. 
 Herein fail not. Given, &c. 
 
180 
 
 APPRENTICES. 
 
 Recognizance of the master to appear at the Sessions. 
 
 B E if remembered that on, &c. C D 01' in the coun- 
 v of Ulster, Blacksmith ; personally came before me 
 one of the justices of the peace in and for the said coun- 
 ty and acknowledged himself to owe to the people of the 
 
 State of Nen York dollars to be made and levied of 
 
 his goods and chattels, lands and tenements, to the use of 
 the said people, if default shall be made in the condition 
 following : 
 
 Whereas complaint and information hath been made un- 
 to me the said Justice, by A B, the apprentice of the said 
 C D, that the said C D hath misused and ill treated him, 
 &c. (as in the summons). And the said A B and C D now 
 appearing before me in the matter aforesaid, and I not be- 
 ing able to compound or agree the matter between them. 
 The condition of this recognizance is such, that if the said 
 C D do and shall appear at the next general sessions of the 
 peace, to be held in and for the said county, to answer to 
 the complaint aforesaid, and not depart without leave of 
 the court, then this recognizance to be void otherwise of force. 
 
 Order vf discharge at the sessions in pursuance of the pre- 
 ceding complaint. 
 
 ULSTER, ss. At a general sessions of the peace holden 
 at Kingston, in and for the county aforesaid the —-day of 
 
 before justicee, of the people of the state of New 
 
 York, assigned to keep the peace in the said county and 
 also to hear and determine divers felonies, trespasses and 
 other misdemeanors in the said county committed, it is 
 ordered as follows : 
 
 Upon the petition of A B, apprentice to C D of in 
 
 the said county, blacksmith, to be relieved upon certain 
 neglects of the said master, in instructing him in his trade, 
 (as the case shall be) and the said master having likew ise ap- 
 peared upon his recognizance, taken before one of the 
 
 said justices, to answer the complaint oi the said petition, 
 and having proved nothing whereby to clear himself of the 
 said complaint, but on the contrary the said A B having 
 given full proof of the truth of the said complaint, to the sat- 
 isfaction of the court. It is therefore ordered, pronounced and 
 declared by the said court, that the said apprentiee shall be 
 
APPRENTICES. 
 
 181 
 
 and is hereby discharged and freed from his said appren- 
 ticeship. And this to be a final order between the said 
 master and apprentice, any thing contained in their inden- 
 tures of apprenticeship, or otherwise, to the contrary not- 
 withstanding. 
 
 Complaint of Apprentice to three Justices. 
 
 Dutchess, to wit. The information and complaint of A 
 
 B, apprentice to C D of in the said county, blacksmith, 
 
 exhibited before us — three of the justices of the peace 
 
 in and for the said county, the day of, &c. 
 
 Who saith that he the said A B is an apprentice, bound 
 
 by indenture to C I) of aforesaid, blacksmith; and 
 
 that he the said C D hath misused and ill-treated him, the 
 said apprentice and particularly (as the case shalt be.) 
 
 Before us, A B 
 
 E F 
 J K 
 L M 
 
 -- o4©— 
 
 Summons thereon to the master. 
 
 Dutchess, ss. To any Constable of — — in the said 
 Count)-. 
 
 "^WTHEREAS information and complaint hath been 
 
 T T made to us ihree oJ* the justices of the peace 
 
 of the said county, by A B apprentice to C D of in 
 
 the said county, blacksmith ; that he the said C D hath 
 misused and ill-treated the said apprentice, and particular- 
 ly (as the case may he.) These are therefore to require you 
 to summon the said C D to appear before us at, &c. on, 
 &c. to answer unto the said information and complaint. 
 And be you then there to certify what you shall have done, 
 in the execution hereof. Herein fail you not. Given 
 under our hands and seals this, &c. 
 
 Discharge of the Apprentice by the Justices. 
 
 Dutchess, to wit;] W 71 ^ 1 ^? *PP ,aint ha * h bee 'r 
 3 -y T made Isefore us three ot 
 
 the Justices of the peace in and for the said county, by A B, 
 
 apprentice to C D, of in the said county, blacksmith ; 
 
182 
 
 APPRENTICES. 
 
 that he the said C D hath misused and ill-treated him, and 
 particularly (as the case may be.) And whereas the said 
 C D hath appeared before us in pursuance of our summons 
 for that purpose, but hath not cleared himself of and from 
 the said charge and complaint, but on the contrary the said 
 A B hath made full proof to the truth thereof, before us upon 
 oath : we therefore by these presents do discharge him the 
 said A B, of and from his apprenticeship to the said C D, 
 any thing in the Indenture of apprenticeship made between 
 them, or otherwise howsoever, to the contrary notwith- 
 standing. 
 
 Given under our hands and seals, this, &c. 
 
 Complaint to two Justices of the master against the apprentice. 
 
 -pv i v, * ) r l^HE complaint and information of 
 Dutchess, to wit ; > ■ n t» V • ±u -i * 
 S jL C D of in the said county, 
 
 Taylor, taken and made on oath before us two of 
 
 the Justices of the peace in and for the said county, the 
 — day of, &c. 
 
 Who saith that A B, apprentice by Indenture to him the 
 said C I), hath, in the service of his apprenticeship, been 
 guilty of several misdemeanors, miscarriages, and ill be- 
 haviour towards him the said C D, and particularly (as the 
 case shall be.) 
 
 Warrant thereon againt the apprentice. 
 
 Dutchess, to wit : T© any constable of in the said 
 county : — 
 
 HERE AS oath hath been made before us two 
 
 " ™ of the Justices of the peace in and for the said coun- 
 ty, by C D, of in the said county, taylor ; that A B, 
 
 apprentice to the said C D, hath, in the service of his ap- 
 prenticeship, been guilty (as in complaint)' These are 
 therefore to require you forthwith to apprehend the said A 
 B, and bring him before us to answer the said complaint 
 and to be dealt with according to law ; and you are to give 
 due notice to the said C D, that he appear before us at the 
 same time, to make good the said complaint. Given under 
 9ur bands and seals, &c. 
 
DISTRESS FOR RENT. 
 
 t ommitment of the apprentice for misconduct, by tlic Justices. 
 
 Dutchess, to wit : TO any constable of in the said 
 
 county, and to the keeper of the common gaol of said county, 
 
 ^Jt^HEREAS complaint hath been made before us 
 
 V y two of the Justices of the peace in and for the said 
 
 county, upon the oath of C D of in the said count} 
 
 taylor, that A B, apprentice to the said C D hath in the 
 service of his apprenticeship been guilty [as in complaint. \ 
 And whereas upon examination thereof, and upon hearing 
 the allegations of both parties, having come before us for that 
 purpose, and upon due consideration had thereof, it manifest- 
 ly appears to us that he the said A B is guilty of the prem- 
 ises so charged against him as aforesaid : We do therefore, 
 hereby command you the said constable to take and convey 
 the said A B to the common gaol of the said county, and to 
 deliver him to the keeper thereof, together with this warrant. 
 And we do hereby command you the said keeper of the said 
 common gaol to receive the said A B into your custody in 
 the said common gaol, to remain at hard labor for the space 
 of . Given under our hand and seals the, &c. 
 
 Discharge of the apprentice on flu complaint of the master. 
 Dutchess, to.H; j \\ "^-gg. % i*£ 
 
 therefore, by these presents discharge the said A B from 
 his apprenticeship to the said C D, any thing in any inden- 
 ture of apprenticeship between them or otherwise to the 
 contrary notwithstanding. Given, &€. 
 
 DISTRESS FOR RENT. 
 
 PRACTICAL DIRLCTIONb. 
 
 THE landlord himself may make the distress : but it if 
 generally made by some other person employed by 
 the landlord lor that purpose; in which case, the landlord 
 must give to the person lie employs, a warrant or authority 
 in writing, called :i warrant of distress, which is usually in 
 the following form : 
 
384 DISTRESS FOR RENT. 
 
 ' To Mr. A B, my bailiff, greeting : Distrain the goods 
 'and chattels of C D, [the tenant] in the house he now dwells 
 
 'in, [or on the premises in his possession] situate in in the 
 
 'county of for being two year's rent, [or, as the 
 
 'case is,] due to me for the same, at last ; and for 
 
 'your so doing, this shall be vour sufficient warrant and au- 
 thority. Dated the day of W T. 
 
 Being legally authorised to distrain, you enter on the 
 premises, and make a seizure of the distress. If the distress 
 be made in a house, you seize a chair or other piece of furni- 
 ture, and say, ' I seize this chair, [or whatever it b(~] in the 
 
 'name of all the goods in this house, for t he sum of 1 icing 
 
 'two year's rent, [or as the case is] due to me [or to W T your 
 
 ^landlord,] at last, [and if the distress be made by any 
 
 'other than the landlord, you add] by virtue of an authority 
 'from the said W T for that purpose.' 
 
 You then proceed to take an inventory of so many goods, 
 as you judge will be sufficient to cover the rent distrained 
 lor, and also the charges of the distress Having done 
 this, you make a copy of the inventory, according to the 
 following form : 
 
 ' An inventory of the several goods and chattels distrain- 
 
 'ed by me A B, [the distrainer] the day of in the 
 
 'houses, outhouses and lands [according to the case] of C D 
 
 l [the tenant] situate in in the county of [andif the 
 
 '-distress be made by any other than the landlord, say — by the 
 4 authority and on the behalf of W T your landlord] for the 
 
 'sum of being two years rent, [or as the case is] due to 
 
 'me [or to the said W T] at last.' 
 
 In the dwelling house : 
 One table, 
 Six chairs, &e. 
 Iu the cow house ; 
 Six cows, 
 Two calves, &c. 
 
 At the bottom of the inventory you subscribe the follow- 
 ing notice to the tenant : 
 
 'Mr. C D, 
 
 'Take notice, that I have this day distrained [or that 
 'as bailiff to W Tyour landlord, I have this day distrained] on 
 <!he premises abovementioned, the several goods and chat- 
 
DISTRESS FOR RENT. 
 
 Mb 
 
 K teh specified in the above inventory, for the sum of — — 
 •bein<s two years rent [or as the case is] due to me [or to the 
 'said W T] at last, for the said premises; and that un- 
 less you pay the said rent with the charges of distraining 
 'for the same, within five days from the date hereof, the said 
 'goods and chattels will he appraised and sold according to 
 
 'law. Given under my hand, the — day of in the 
 
 'year of our Lord . W T. 
 
 A true copy of the above inventory and notice must ei- 
 ther be given to the tenant himself, or left at his house ; or, 
 if there be no hou«e, on the most notorious place on the 
 premises. And it is proper to have a person with you when 
 you make the distress, and also when you serve the inven- 
 tory and notice, to examine the inventory, and to attest, if 
 there be occasion, the regularity of the proceedings. 
 
 The safest way is to remove the goods immediately, and 
 in your notice to acquaint the tenant where they are re- 
 moved ; but it is now most usual to let them remain on the 
 premises, leaving a man in possession, till 3 011 are entitled 
 by law to sell them, which is on the seventh day. 
 
 If the tenant require further time for the payment of the 
 rent, and the landlord chuses to allow it, he must take a 
 memorandum in writing from the tenant, in the following 
 form : 
 
 Memorandum, That I, C D do herein- consent anil agree* 
 
 that W T my landlord, w ho hath this daj [or who on llic ■ 
 
 day of last] distrained my goods and chattels for rent, 
 
 in a messuage or dwelling house [according to the cast] situ- 
 ate in in the county of shall continue in possess- 
 ion of my said goods and chattels in the said messuage or 
 
 dwelling house for the Bpace of from the date hereof; 
 
 the said W T having agreed to for'.;ear the sale of the above 
 goods and chattels for the said space of time, to enable me 
 to discharge the said rent. Ami I, the said C I) do hereby 
 agree to pay the expenses of keeping the said possession. 
 
 As witness my hand the day of in the year of 
 
 our Lord . (5 D. 
 
 This memorandum is made, that the landlord may not 
 be dee. ned h tresnsser, which he otherwise would, for con- 
 tinuing in possession beyond the time, which is limited by 
 the statute for tne sale of the oistress. 
 
186 DISTRESS FOR RENT. 
 
 But if there be no allowance of further time, on the sixth 
 you repair to the premises : and, if the rent and the charg- 
 es of the distress are not paid, you send for a constable and 
 two sworn appraisers, who having viewed the goods distrain- 
 ed, the former must administer to the latter the following 
 oath : 
 
 ' You and each of you, shall well and truly appraise the 
 'goods and chattels mentioned in this inventory, [the consta- 
 ble at the same time holding the inventory in his hand, and 
 'shewing it to the appraisers] according to the best of your 
 Judgment. So help you God. 5 
 
 You then indorse on the inventory, the following memo- 
 randwn : 
 
 4 Memorandum, that on the day of — in the year 
 
 'of our Lord G H, of, &c. and J K, of, &c. two ap- 
 
 'praisers, sworn by me L M of, &c. constable, well and truly 
 Ho appraise the goods and chattels mentioned in this in- 
 ventory, according to the best of their judgment. As wit- 
 'ness my hand. L ft, Constable. 
 
 Present at the time of swear- 
 ing the said G H and J K 
 as above, and witnesses 
 thereto. O P, 
 
 P S. 
 
 And after the appraisers have valued the goods, you go 
 on w ith the indorsement on the inventory, as follows : 
 
 ' We the abovenamed G H and J K being sworn, by L M, 
 'the constable abovenamed, well and truly to appraise the 
 'goods and chattels mentioned in this inventory, according 
 'to the best of our judgment, and having viewed the said 
 'goods and chattels, do appraise and value the same at the 
 
 'sum of As \s itness our hands, the day of - 
 
 ^in the year of our Lord G H, ) gwom AppraiserSt 
 
 J K, ) 
 
 As soon as convenient after the appraisment, the proper- 
 ty should be sold at public vendue, three days public no- 
 tice being given of the sale. 
 
 The goods taken in distress being disposed of, you deduct 
 
REPLEVIN. 
 
 18? 
 
 from the amount of their produce the rent in arrear, and all 
 reasonable charges attending the distress ; after which, the 
 overplus (if any) is to be returned to the tenant. 
 
 If the tenant means to replevy the distress, he must, within 
 the time allowed him by the statute for that purpose, that is, 
 w ithin five days after he has notice of the distress, take w ith 
 him two house-keepers, living in the county where the dis- 
 tress was made, and go to the sheriff's office of such county; 
 where he must enter into a bond, with the two housekeepers 
 as surities, in double the value of the goods distrained, condi- 
 tioned for the prosecution of a suit in replevin, against the 
 distrainer, w ith effect : and for returning the goods, if a re~ 
 turn thereof shall be awarded. Tpon this, the sheritl will re- 
 store the possession of the goods to the tenant, to abide th? 
 event of the suit in replevin. 
 
 Replevin Bond, 
 
 KNOW all men by these presents, That we, A B, oi 
 C D and E F, of' in the county of Dutchess 
 
 are held and firmly bound unto G H, sheriff of the said coun- 
 ty of Dutchess, in to be paid to him, his executors, ad- 
 ministrators or assigns, and for the said payment to be well 
 and truly made we do bind ourselves jointly and severally 
 and our and each of our heirs, executors and administrators 
 firmly by these presents. Sealed with our seals, and dated 
 this &c. 
 
 The condition of this obligation is such, That whereas 
 the above named sheriff by virtue of his office, and upoa 
 the complaint of the above bound A B hath delivered to 
 the said A B, (naming the property) w hich one J K lately 
 took and wrongfully w ithheld as the said A B says : now if 
 the said A B shall prosecute his said suit with effect and 
 without delay, and shall return the said goods and chattels 
 incase a return shall be awarded, then this obligation to 
 he void, otherwise to remain in full force. 
 
 The value of the property is ascertained by persons testi- 
 fying to the same, who may be sworn and examined by the 
 UU riff. 
 
 The plaint must be in writing and in the follow ing form . 
 Westchester county, to wit : A B of Bedlord, in the coun- 
 ty of V estchester, yeoman, complains of C I), of the manor 
 of Pelbam, in the county of W estchester, gentleman of a 
 
3 88 FORCIBLE ENTRY AND DETAINER. 
 
 plea of taking and unjustly detaining his beasts (or, hi? 
 beasts, ^oods and chattels, or, his goods and chattels, or his 
 certain mare, or his certain silver bowl,) and gives security 
 to prosecute his said complaint, and to return the samt 
 beasts, if return thereof shall be adjudged. 
 
 PROCEEDINGS IN FORCIBLE ENTRY AND DE 
 T \I\ER. 
 
 Record of a forcible detainer upon view. 
 
 Dutchess County, ss. BE IT REMEMBERED, that 
 on the day of in the year » a t i n the coun- 
 ty of Dutchess, aforesaid, A Bcora daineth to me one of the 
 justices of the people of the state of New York, assigned to 
 keep the peace, in the said county, and also to hear and 
 determine divers felonies, trespasses and other misdemean- 
 ors, in the said county committed, that C D late of, Szc 7 
 into the. messuage of him the said AB being the dwelling 
 
 house of him the said A B situate within the town of 
 
 aforesaid, with strong hand did enter, and him the said A B 
 from the messuage aforesaid, whereof the said A B at the 
 time of the entry aforesaid, was seized as of the freehold of 
 him the said A B for the term of his lifeJor, " was seiz din 
 his demesne as of fee" or if it is not a freehold say, wets- 
 possessed"'] unlawfully ejected, expelled and amoved, and 
 the said messuage from him, the said A B unlawfully, with 
 strong hand and armed power, doth yet hold and from him 
 detain, against the form of the act in such case made and 
 provided ; whereupon the said A B then to wit, on the said 
 
 day of— — at the town of aforesaid, prayeth of 
 
 me so ;»s aforesaid being justice of the peace, to hiin inthi6 
 behalf that a due remedy he provided, according to the 
 form of the act aforesaid: Which complaint and urayerby 
 me being heard, J, the aforesaid justice to the messuage a- 
 foresaid personally have Come, and do then and there find 
 and see the aforesaid C D the aforesaid messuage with 
 force and arms, unlawfully, with strong hand and armed 
 power, detaining, against the form of the act in such 
 case made and provided, according as he the same 
 A B so as aforesaid hath unto me complained; There- 
 fore it is considered by me the said justice, that the aforesaid 
 
FORCIBLE ENTRY AND DETAINER. 189 
 
 C D of the detaining aforesaid with strong hand, by my own 
 proper view, then and there as aforesaid had, is convicted, 
 according to the form of the act aforesaid ; Whereupon, I, 
 the justice aforesaid, upon the aforesaid C D do set and im- 
 pose a fine of dollars to be paid by him to the said peo- 
 ple of the said state of New-York, for the said offences; and 
 do cause him, then and there to be taken and arrested : and 
 the same C D being convicted, upou my own proper view, of 
 the detaining aforesaid, with strong hand as aforesaid, by me 
 the aforesawi "justice is committed to the common gaol of the 
 said people in the town of Poughkeepsie, in the county of 
 Dutchess aforesaid, being the next gaol to the messuage 
 aforesaid, there to abide until he shall have paid his fine to 
 the people aforesaid. Concerning which the premises a- 
 foresaid I do make this my record. In witness whereof, I, 
 the aforesaid E H the justice aforesaid, to this record my 
 
 hand and seal do set at the town of aforesaid, in the 
 
 county of Dutchess aforesaid, on the — — day of in 
 the aforesaid year of &c. 
 
 Mittimus for a forcible detainer. 
 Dutchess County ss. S T esquire, one of the justices c4' 
 the people of the state of New York, assigned to keep the 
 peace within the said county of Dutchess and also to hear 
 and determine divers felonies tresspasses and other misde- 
 meanors in the said county committed ; to the keeper of 
 the common gaol at Poughkeepsie, in and for the said coun- 
 ty of Outchess and to bis deputy and deputies there, and 
 to every of t lie m greeting : Whereas, upon complaint made 
 unto me this present day, by A B ol &c. in the said coun- 
 ty, yeoman, I went immediately to the dwelling house of 
 
 the said A B at aforesaid, in the said county, and 
 
 there found C I) late of &c. laborer,forcibly with strong hand 
 and armed power, holding the said house against the peace 
 of the said people, and against the form of the act in such 
 case made and provided ; Therefore I send you, by the 
 bringers hereof, the body of the said C I) convicted ofihe 
 said forcible holding by my own view, testimony and re- 
 cord ; commanding you in the name of the said people to 
 receive him the said C D into your said gaol, and there 
 safely to keep him, until he shall have paid the Sinn >f — — 
 dollars, to the said people, which I have set and ni ed 
 upon him, for a fine and ransom for his said tres- 
 
190 FORCIBLE ENTRY AND DETAINER. 
 
 pass. Herein fail you not, $t the peril that may follow 
 
 thereof. Given at aforesaid, in the county aforesaid. 
 
 under my seal the day of &c. 
 
 - 
 
 Precept of the Sheriff to return a jury. 
 
 Dutchess county, ss.'E H, esquire, one of the justices of 
 the people of the state of New York, assigned to keep the 
 peace in the said county of Dutchess, and also to hear and 
 determine divers felonies, trespasses, and other misdemea- 
 nors in the said county committed ; to the Sheriff of the 
 said county, Greeting: In the name of the People of the 
 state of New York, I command you, that you cause to come 
 before me, at, &c. in the county aforesaid, on the day 
 of 8c c. (not less than two days from the time of issuing the 
 precept) twenty four good and lawful men of your county, 
 each of whom shall have in his own name or right, or in 
 trust for him or in his wife's right, a freehold in lands, 
 messuages or tenements, or of rents in fee or for life of the 
 value of one hundred and fifty dollars free from all reprises, 
 demands or incumbrances whatsoever, to enquire upon 
 their oaths for the said people, of a certain entry made 
 with a strong hand (as it is said) into the messuage of one 
 A B, in the town of &c. in the county aforesaid, against the 
 form of the act in such case made and provided : and you 
 are to return upon every of the Jurors by you in this be- 
 half to be impannelled, twenty shillings of issues at the a- 
 foresaid day ; and have you then and there this precept, 
 and this you shall in no wise omit, upon the peril that 
 shall thereof ensue. Witness the said E H at ■ in the 
 county aforesaid, the day of,&c. 
 
 Aotice to person complained of. 
 
 To Mr. A B, of See. 
 
 On thecompl.tintof C Dof, Sec. made to me the under- 
 signed, one of the Justices of the Peace for the county of 
 Dutchess, that you have made entry with strong hand into 
 his messuage, situate 8cc. and him therefrom expelled, lha ve 
 this day issued my precept to the sheriff of the said county 
 commanding him to come before me, at, Stc. on.^c. twenty 
 four good and lawful men oft he said county, to enquire of 
 such entry. Of all which you are hereby notified. 
 
 Dated,* &c. E H. 
 
FORCIBLE ENTRY AND DETAINER. 
 
 191 
 
 Tlic Jurors oath. 
 
 You shall true inquiry and presentment make of all such 
 things as shall come hetbre you, concerning a forcible entry 
 (or " detainer" as the case may be) said to have been lately 
 committed in the dwelling house of A B, gentleman, in the 
 tow h of, Sec. in this county ; you shall spare no one for favor 
 or affection, nor grieve any one for hatred or ill will, but 
 proceed herein according to the best of your knowledge, 
 and according to the evidence that shall be given to you ; 
 So help you God. 
 
 The oath that B H, your foreman hath taken on his 
 part, you and every of you shall truly observe and keep 
 on your parts ; So help you God. 
 
 The inquisition, indictment, or finding of the Jury. 
 
 Dutchess County, ss. An inquisition for the people of the 
 State of New-York, indented and taken at, Arc. in the said 
 
 county of, &:c. the day of in the year, Sec. by the 
 
 oaths of (insert the names of the Jurors) good and lawful men 
 of the said county, before E H, esquire, one of the justices of 
 the said people assigned tokeep the peace in the said coun- 
 ty, and also, to hear and determine divers felonies, trespass- 
 es, and other misdemeanors in the same county committed 
 who say upon their oaths aforesaid, that A B, of,&c. afore- 
 said, gentleman, long since lawfully and peaceably was 
 seized in his demise, as of fee, [if not a freehold, then say 
 was " possessed," of and in one me suage with the apperte- 
 nances in aforesaid, in the county aforesaid [if not a 
 freehold "for a certain term of years then and still to come and 
 unexpired"] and his said possession (" and seisin" if freehold) 
 so continued until C D, late of &c. laborer, and E F late of 
 j the same place, blacksmith, and other malefactors unknown 
 
 on the day of, &c. with strong hand and armed power 
 
 into the messuage aforesaid, with the appertenancs afore- 
 said, did enter, and him the said A B thereof disseized, and 
 with strong hand expelled ; [or if it be not a freehold say 
 %t and him the said A B from the peaceable possession of the 
 said messuage, with the appertcnanccs aforesaid, with strong 
 hand unlawfully did expel and put cut"] and him the said A B 
 so disseized and expelled from the said messuage with the 
 appertenances aforesaid [or " and him the said A B, so expel- 
 led and strut out from the possession* of the said messuage with 
 
192 FORCIBLE ENTRY AND DETAINER. 
 
 the apperlenances aforesaidr] from the said day of, &c. 
 
 until the day of the taking of thisinquisition, withlike strong 
 hand and armed power did keep out and do yet keep out, 
 tothe great disturbance of the peace of the said people and 
 against the form of the' act in such case made and provided. 
 
 We whose names are hereunto set, being the Jurors a- 
 bove said, do, upon the evidence now produced before us, 
 find the inquisition aforesaid true. 
 
 O P, 
 
 R S,&c. 
 
 Form of the Traverse. 
 
 C D and EP| 
 ads. > 
 The People. ) 
 
 And afterwards, to wit, on the day of — aforesaid, 
 
 in the year aforesaid, before the said E H, I T, and S T, 
 Esquires, Justices as aforesaid, come the aforesaid C D 
 and E F, in their proper persons, and having had the hear- 
 ing of the indictment and inquisition aforesaid, severally 
 say, that they are thereof not guilty ; and of this they put 
 themselves upon the country, &c. 
 
 Form of a warrant or precept for a new Jury to try the Tra- 
 verse. 
 
 Dutchess county, ss. E H, Esquire, one of the Justices 
 ®f the people of the state of New York, assigned to keep the 
 peace in the said county of Dutchess, and also to hear and 
 determine diversfelonies,trespasses,and othermisdemeanors 
 in the said county committed, to the Sheriff of the said coun- 
 ty, Greeting; In the name of the People of the Stale of 
 New- York, 1 command you, that you cause to come before 
 
 me, at, &e. in the county aforesaid on the day of 
 
 (not less than four nor more than eight days from the time of 
 issuing the precept) twelve good and lawful men of your 
 county [or " city and county ? if in New York] each of whom 
 shall have in his own name or right, or in trust for him or in 
 his wife's right, a freehold in lands, messuages or tenements 
 [if in New York, " or a personal estate of the value off &c] 
 or of rents in fee or for life of the value of one hundred and 
 fifty dollars free from all reprises, debts, demands or incum- 
 
FORCIBLE ENTRY AND DETAINER. Ip3 
 
 brances whatsoever, by whom the truth of the matter may 
 be the better known, to make a certain Jury of the country, 
 »ipon their oath to try a certain traverse of an indictment 
 found for the said People of the said state and now pending 
 before me the said Justice against C D of, &c. labourer, and 
 E F of, &c blacksmith, for a certain entry (and " detainer" 
 as the case may be) made with a strong hand into the mes- 
 suage of one A B, in the town of, &c. in the county aforesaid, 
 against the form of the act in such case made and provided, 
 and who are in no wise of kin to the said C D and E F, nor 
 to either of them ; and you are to return upon every of the 
 Jurors by you ifi this behalf to be impannellrd, twenty shil- 
 lings of issues at the aforesaid day ; And have you then and 
 there this precept ; and this 3 011 shall in no wise omit upon 
 the peril that shall thereof ensue. Witness the said E H 
 at in the county aforesaid, the day of, Sec. 
 
 Form of the oath to be administered to the Jury. 
 You do swear (or " solemnly, &c. affirm") that you will 
 well and truly try the issue of traverse joined between the 
 People of the State of New York and C D and E F, the de- 
 fendants, and a true verdict give according to evidence: So 
 help you God. 
 
 Warrant or precept to the Sheriff to make restitution. 
 Dutchess County, ss. E H, esquire, one of the Justices 
 of the people of the state of New York, assigned tokeep the 
 peace in the said county, and also to hear and determinedi- 
 vers felonies, trespasses, and other misdemeanors in the said 
 county committed, to the sherhf of the said county, greet- 
 ing : Whereas by an inquisition taken before me "the jus- 
 tice aforesaid, at, &©. in the county aforesaid, on this pre- 
 sent day of &c upon the oaths of, Arc. [insert the Jiames 
 
 of tfi£ Jurors] and by virtue of the act made and provided 
 in cases of forcible entry and detainer it is found that C D, 
 late of, &c. labourer, and E F, late of &c. blacksmith, on 
 
 the day of,&c. now last past, into a certain messuage, 
 
 with the appertenances, of A B, of the town of afore- 
 said, in the county aforesaid, gentleman, situate, lying and 
 being in the town of aforesaid, in the county Afore- 
 said, with force and arms did enter, and him the said A B 
 
194 FORCIBLE ENTRY AND DETAINER. 
 
 thereof, then with strong hand did disseise and drive out, 
 and him the said A B, thus driven out from the aforesaid 
 
 messuage with the appertenances, from the day of— 
 
 aforesaid to this present day of the taking of (he said in- 
 quisition, with strong hand and armed force, did keep out, 
 and do yet keep out, as by the inquisition aforesaid more 
 fully appeareth of record • [if the defendant traversed then 
 add " And whereas the said C D and E F did thereupon, 
 
 forthwith, to wit, on the said day of . instant, in 
 
 their proper persons appear before me the said Justice and af- 
 ter having had a hearing of the inquisition aforesaid, did 
 immediately in due form of law traverse the same ; whereupon 
 I the said Justice did then and there forthwith issue my war- 
 rant or precept to the Sheriff of the county aforesaid as the 
 law in such case provided directs, commanding him in the 
 name of the people of the state of New York to cause to come 
 
 hefore me the said Justice, at, &c. on this present day of 
 
 twelve good and lawful men of the same county ; And 
 
 whereas, on this present day of, &c. before me the said Justice 
 the Jurors aforesaid being summoned, chosen, tried and 
 sworn, say upon their oath, that the aforesaid C D and E F 
 are guilty, and each of them is guilty of the forcible entry and 
 detainer aforesaid, in the indictment oforesaid above specified 
 in manner and form as against them is above supposed, as by 
 the record and proceedings thereof now remaining before me 
 the said Justice more fully appears ;] Therefore in the name 
 and on the behalf ol the said people of the State of New- 
 York, I charge and command you, that taking with you 
 the power of the county, (if it be needful) you go to the 
 said messuage and other the premises, and the same, with 
 the appertenances, you cause to be reseised, and that you 
 cause the said A B to be restored and put into his full pos- 
 session thereof, according as he, before the entry aforesaid, 
 was seized according to the form of the act aforesaid. And 
 this you shall in no wise omit upon the peril that shall 
 thereon ensue. Given under my hand and seal at the 
 town of in the said county, the — — day of, &c, 
 
BASTARDY. 
 
 195 
 
 Form of a certiorari to remove into the Supreme Court an in- 
 diebnent for a forcible entry and detainer, from before a 
 Justice of the peace. 
 
 The People of the state of New York : To E H, Esquire, 
 one of the justices assigned to keep the peace within our 
 county of and also to hear and determine divers felo- 
 nies, trespasses and other misdemeanors within our said 
 county committed, Greeting : We, being willing, forcer- 
 tain causes, to be certified of a certain indictment against 
 A B of, &c. for withholding and forcibly detaining a cer- 
 tain messuage and tenement, &c. (as the case may be) a- 
 gainst the form of the act to prevent forcible entries and 
 detainers, whereof the said C D <fcc. named in the said 
 indictment, is indicted hefore you, we do, therefore com- 
 mand you, that the indictment aforesaid, with all things 
 touching and concerning the same, with all the names con- 
 tained in the said indictment by whatsoever names they 
 may therein be called, before our justices of our supreme 
 Court of Judicature, at the city Hall of the city of &c. on 
 
 the day of &c. next, under seal you send, together 
 
 with this writ, that our said justices may further do therein 
 what of right, and according to the laws and customs of 
 our said state, ought to be done. Witness he. 
 
 PRECEDENTS INCASES OF BASTARDY. 
 
 Form of an examination of a woman with child of a bas- 
 tard. 
 
 County of > g<j 
 
 $ The voluntary examination of A M of 
 
 in the said county, single woman, taken on oath before mr, 
 J P Esquire, one of the Justices of the peace in and for tiie 
 
 said county, this day of Who saith that she is 
 
 now with child, and that the said child is likely to be born 
 
 a bastard, and he chargeable to the town of in the 
 
 said county, and that C D of in the said county, black- 
 smith, is the father of the said child. 
 Taken and signed the day and year The mark of 
 
 above written, before me JP f AM. 
 
190 
 
 BASTARDY. 
 
 Examination after the birth. 
 
 County of ) 
 
 I ss * The examination of A M of in the 
 
 said county, single woman, taken on oath before me, J P 
 Esquire, one of the Justices of the peace in and for the 
 
 said county, this day of Who saith, that on the 
 
 day of now last past, at the town of in the 
 
 county aforesaid,she the said A M was delivered of a (fmale) 
 bastard child, and that the said bastard child is likely to 
 
 become chargeable to the said town of and that C 1) 
 
 of in the said county, blacksmith, did get her with 
 
 child of the said bastard child. 
 Taken and signed the day and year 
 
 first above written, before me, J P. A M. 
 
 Form of a warrant for apprehending the reputed father be- 
 fore the birth. 
 
 County of > To any Constable of the town of in 
 
 $ the said count}', Greeting ; 
 
 Whereas A M of — in the said county, single woman, 
 hath, by her voluntary examination, taken in writing upon 
 oath before me, J P, one of the Justices of the peace in and 
 for the said county, this day declared herself to be with 
 child, and that the said child is likely to be born a bastard, 
 and to be chargeable to the town of — in the said coun- 
 ty, and that C D of in the said county, blacksmith, 
 
 is the father of the said child ; And whereas O P, one of 
 
 the overseers of the poor of the town of aforesaid, in 
 
 order to indemnify the said town in the premises, hath ap- 
 plied to me to issue out my warrant for apprehending the 
 said C D. — I do therefore hereby command you to appre- 
 hend the said C D, and bring him forthwith before me or 
 some other of the Justices of the peace for the said county, 
 to find security to indemnify the said town of" — or else 
 to find sufficient security for his appearance at the next 
 general sessions of the peace to be holden for the said coun- 
 ty, then and thereto abide and perform such order or or- 
 ders as shall be made in the premises, and to be dealt 
 withal according to law. Given under my hand and seal, % 
 the — day of, &c. 
 
BASTARDY. 
 
 Tlie like after the birth, 
 
 County of > gg To any constable of the town of in 
 
 $ the said county. 
 
 Whereas A M of in the said county, single woman, 
 
 hath, by her examination in writing, upon oath, before me, 
 J P, one of the Justices of the peace, in and for the said 
 
 county, declared, that on the day of now lasi 
 
 past, in the town of in the county aforesaid, she the 
 said A M was delivered of a (male) bastard child, and 
 that the said bastard child is likely to become chargeable 
 
 to the said town of and hath charged C D of in 
 
 the said county, blacksmith, with having gotten her with 
 child of the said bastard child : And whereas O P, one of 
 the overseers of the poor [and so on as in the aforegoing 
 precedent to the end.] 
 
 — 
 
 Commitment thereupon: 
 
 Dutchess county, to wit : To any constable of the town of 
 
 and to the keeper of the common gaol at — in the 
 
 said county 
 
 Whereas A M of — single woman, in her voluntary 
 examination, taken in writing, upon oath, the, &c. be- 
 fore me — — one of the Justices of the peace for the 
 said county, hath declared herself to be with child, and that 
 the said child is likely to be born a bastard, and to be 
 
 ehargeable to the said town of and hath charged A B 
 
 of, Sec. with havinggotten her with child of the said child* 
 And whereas the said A B now personally present before 
 me, being brought by my warrant upon application for 
 that purpose to me made, by O P one of the overseers of 
 the poor of the said town, hath refused to give security to 
 indemnify the said town, or to enter into a recognizance 
 with sufficient surety with condition to appear ai the next 
 general sessions of the peace to lie holde:i for the said 
 county, and to abide or perform such order as shall be 
 made in pursuance of the act for the relief of the cities and 
 towns from the maintenance of bastard children ; These 
 are therefore to command you the said constable to take 
 and convey the said A B to the common gaol of the said 
 county, and to deliver him to the keeper thereof with this 
 warrant. And I do hereby command you the said keeper 
 of the said common gaol to receive the said A B into 
 
BASTARDY. 
 
 your custody in the said common gaol, and him safely to 
 keep until he shall give such security, or enter into such 
 recognizance as aforesaid, or be otherwise lawfully deliver- 
 ed from thence. Given under my hand and seal, this, &c. 
 
 A bond to the overseers of the Poor. 
 
 KNOW all men by these presents, that we, C D, of 
 in the county of blacksmith, and E F and G H, 
 
 of the same place, merchants, are held and firmly bound 
 
 unto I K and L overseers of the poor of the town of ■ 
 
 in the said county (in trust for the inhabitants of the said 
 
 town) in to be paid to the said I K and L M, their 
 
 executors, administrators or assigus, to which payment well 
 and truly to be made, we bind ourselves, our heirs, execu- 
 tors and administrators, jointly and severally, firmly by 
 
 these presents. Sealed with our seals. Dated this > 
 
 day of &c. 
 
 Whereas A M of single woman, in and by her vol- 
 untary examination, taken in writing, and upon oath, the 
 day of last past, before J P, Esq. one the Jus- 
 tices of the peace in and for the said county did declare 
 herself to be with child, and that the said child is likely to 
 be born a bastard, and to be chargeable to the said town of 
 — and that the above bounden C D is the father of the 
 said child. 
 
 (Or if it is after the birth, say) 
 
 Did declare, that on the day of last past, at 
 
 the said town, she was delivered of a (male) bastard child, 
 which is now living, and likely to become chargeable to 
 the said town of — and that the above bounden C D did 
 get her with child of the said (male) bastard child. 
 
 Now, therefore, the condition of the above obligation is 
 such, That if the above bounrten C D, E F, andG H,or 
 any of them, their, or any of their executors or administra- 
 tors, do and shall from time to tirae, and at all times here- 
 after, well and sufficiently save, defend, keep harmless and 
 indemnify as well the above named I K and L M, overseers 
 of the poor of the said town, and their successors for the 
 time being, as also the, said town, and all and every the in- 
 habitants which now are, or hereafter shall be of the said town 
 
BASTARDY. 
 
 of, from and against all and all manner of costs, charges, 
 taxes, rates, assessments, damages and expenses whatsoev- 
 er for or by reason of the birth, education and maintenance 
 of the said child, or in any wise relating thereto, and of and 
 from all actions, suits, troubles and other damages and de- 
 mands whatsoever, touching or concerning the same ; then 
 this obligation to be void, or else to remain in full force 
 arid virtue. 
 
 Form of a Recognizance to appear at the next sessions. 
 
 Be it remembered, that on the day of in the 
 
 year of our Lord one thousand eight hundred and C D 
 
 of in the said county, blacksmith, and E F of the same 
 
 place, merchant, personally came before me, J P, Esq. one 
 of the justices of the peace w ithin and for the said county of 
 — - and severally acknowledged themselves to owe to the 
 people of the state of New York, that is to say, the said C 
 
 D the sum of dollars, and the said E F the sum of 
 
 dollars, to be made and levied of their goods and chaitels, 
 lands and tenements respectively, to the use of the said peo- 
 ple, if default shall be made in the condition following. 
 
 Whereas A M of single woman, in and by her vol- 
 untary examination, taken in writing, and upon oath the 
 
 — - day of now last past, before one of the Justices 
 
 of the peace in and for the said county, did declare, &c. 
 [proceeding in the recital as in the bond, observing the distinc- 
 tion between an examination previous to the birth, and that which 
 is taken after.'] The condition of this recognizance is such, 
 that if the above bounden C D do and shaP appear at the 
 next general sessions of the peace to be holden for the said 
 county, and shall abide or perform such order as shall he 
 made pursuant to the act entitled « An act for the relief of 
 cities and towns from the maintenance of bastard children,'" 
 then tbia recognizance to be \qi<\ 1 otherwise of force, 
 
BASTARDY. 
 
 Form of a warrant for apprehending the motherland summon- 
 ing the reputed father, previous to making the order. 
 County of ss. To any Constable of, &c. 
 
 WHERE AS it appeare to us and two ol : 
 the Justices of the peace in and for the said coun- 
 ty, one of us residing in (or near) the town of — in the 
 said county, as well upon the complaint of the overseers of 
 the poor of the said town, as also by the examination of A I\I 
 of in the said county, single woman, this day taken in 
 
 writing before us [or before Esq. one of, &c] the said 
 
 Justices ; that she the said A M, on the day of 
 
 in the said town of was delivered of a [male] bastard 
 
 child, which is still living and chargeable [or likely to be- 
 come chargeable] to the said town of — r— and whereas 
 she the said A M hath in and by her said examination, de- 
 clared that C D of in the said county, blacksmith, did 
 
 get her with child, of the said [male] bastard child : These 
 are therefore to command you to bring the said A M before 
 
 hs, the said Justices, at in the said county, on 
 
 the day of at of the clock in the noon 
 
 of the same day, to be further examined by us respecting 
 the premises ; and we do also command you to give notice 
 thereof unto the said C D that he likewise may be there at 
 the same time to make his defence ; so that we having du- 
 ly examined the matter of and concerning the premises, 
 may make such order therein as to right doth appertain ; 
 and what you shall do in the execution hereof, you are to- 
 make known to us at the time and place aforesaid. Giver* 
 under our hands and seals, &c. 
 
 An order of Bastardy. 
 
 County of — — ss. 
 
 The order of J P and K P Esquires, two of the Justices' 
 of the peace, in and for the said county, one whereof resid- 
 ing in (or near) the town of — in the said county, made 
 
 the day of — in the year of, &c. concerning a 
 
 {male] bastard child, lately horn in the town of afore- 
 said, of the hotly of A M, single woman. 
 
 Whereas it hath appeared unto us, the said Justices, as 
 ^ell upon the complaint of the overseers of the poor of lb? 
 
BASTARDY. 
 
 201 
 
 said town of as upon the oath of the said A M, that 
 
 she, the said A M, on the day of now last past, 
 
 was delivered of a [male] bastard child, in the said town of 
 ■ in the said county, and that the said bastard child is 
 now chargeable to the said town of and likely so to con- 
 tinue ; and further that C D of in the said county, 
 
 blacksmith, did beget the said bastard child, on the body of 
 her the said A M. And whereas the said C I) hath appear- 
 ed before us in pursuance of our summons for that purpose, 
 but hath not shewed any sufficient cause, why he, the said 
 C D shall not be adjudged the reputed father of the said bas- 
 tard child : [or, and whereas it hath been duly proved to us 
 upon oath, that he the said C D hath been duly summoned to 
 appear before us, the said Justices^ to the end we might ex- 
 amine into the matter of and concerning the premises; and 
 whereas he the said C D hath neglected to appear before 
 us, according to such summons ;] We therefore upon ex- 
 amination of the matter of and concerning the premises, 
 as well upon the oath of the said A M, as otherwise, do 
 hereby adjudge him the said C D, to be the reputed father 
 of the said bastard child. 
 
 And thereupon we do order, as well for the better relief 
 
 of the said town of as for thesustentation and relief of 
 
 the said bastard child, that the said C D, shall and do forth- 
 with, upon notice of this our order, pay, or cause to be paid, 
 
 to the said overseers of the poor of the said town of or 
 
 one of them, the sum of for and towards the lying in 
 
 of the said A M, and the maintenance of the said bastard 
 child, to the time of making this our order. 
 
 And we do also hereby further order, that the said C D 
 shall likewise pay, or cause to be paid, to the overseers of 
 
 the poor of the said town of for the time being, or one 
 
 of them, the sum of weekly and every week, from the 
 
 day of the date of this present order, for and towards the 
 keeping, sustentation and maintenance of the said bastard 
 child, for and during so long time as the said bastard child 
 shall be chargeable to the said town of . 
 
 And we do further order, that the said A M shall also pay, 
 or cause to be paid, to the said overseers of the poor of the 
 
 said town of for the time being, or to some one of them, 
 
 the sum of — weekly, and ev ery week, so long as the s;iid 
 
 bastard child shall be chargeable to the said town of 
 
 in case she shall not nurse and take care of the said child 
 
202 BASTARDY. 
 
 herself. Given under our hands and seals the day and yea? 
 first above written. 
 
 Form of commitment for not obeying the foregoing order. 
 
 County of ) gg To any constable of &c. and the 
 
 $ * keeper of, &c. 
 
 WHEREAS by an order under the hands and seals of us, 
 
 and two of the justices of the peace in and for the 
 
 said county of one of us residing in (or near) the town 
 
 of in the said county, C D is adjudged to be the reputed 
 
 father of a [male] bastard child, lately born of the body of A 
 M of single woman, in the said town of and where- 
 as it was in and by the said order, ordered [here set forth the 
 substance of the order.] And whereas it appears unto us the 
 
 said justices, by the oath of E F of that the said C D had 
 
 due notice of the said order, a true copy thereof in writing 
 having been personally delivered to him, the said C D, on 
 the day of last past, by the said E F, and where- 
 as the said C D hatfc) not observed nor performed the said 
 order — These are therefore to command you forthwith to 
 take the said C D and him safely to convey to the (common 
 gaol) at — in the said county, and there deliver him to 
 the keeper thereof, together with this precept. And we 
 do also hereby command you, the said keeper, to receive 
 the said C D into your custody, in the said (common gaol) 
 and him there safely keep, except he shall put in sufficient 
 surety to perform the said order, or enter into a recogni- 
 zance to appear at the next general sessions of the peace, 
 to be holden in and for the said county, and also to abide 
 such order as shall be there made.by the court concerning 
 the said bastard child, if any such order shall be there made, 
 and if not, then to do and perform the order already made 
 in the premises as aforesaid. Given under our hands, &c. 
 
 The condition of a recognisance to appear at the next general 
 sessions. 
 
 [After reciting the order as in the above warrant, and that 
 the reputed father hath neglected to perform the same, proceed:] 
 ■ — NOW the condition of this recognizance is such, that it the 
 above boundea C D do and shall well and truly observe and 
 
BASTARDY. 
 
 203 
 
 perform the said order, or shall personally appear at the next 
 general sessions of the peace, to he holden in and for the 
 said county ; and shall then and there abide such order as 
 shall be then made by the court, concerning the said bastard 
 child, if any such order shall be then made, and if no such 
 order shall be then made or taken by the said court, if he the 
 said G D do and shall abide and perform the order already 
 made by us as aforesaid, then this recognizance to be void, 
 otherwise in full force and effect. 
 
 Form of a warrant to seise the estate of a father of a bastard 
 
 child who has absconded. 
 
 County of ) To the overseers of the poor in the town 
 
 £ S8, of in tbe county of 
 
 WHEREAS and overseers of the poor of the 
 
 said town, have made complaint unto us, and two 
 
 of the justices of the peace in and for the said county, that C 
 
 1) late of the said town of blacksmith, hath run away 
 
 out of the said town, and that the place of his abode is not 
 known ; and that the said C D hath left his (male) bastard 
 
 child aged (three) years, and born in the said town of a 
 
 charge upon the said town, although he hath an estate suffi- 
 cient to discharge the said town fromthe charge thereof: and 
 whereas we, the said justices, having duly examined into 
 the matter of the said complaint, as well upon oath as other- 
 wise, it doth appear unto us, and we do adjudge, that the said 
 complaint is true ; and we do also adjudge him, the said C 
 D to be the reputed father of the said bastard child ; These 
 are therefore, in the name of the people of the state of New- 
 York, to authorise you the said overseers of the poor of the 
 town aforesaid, to seize and take the goods and chattels, and 
 toletout and receive the annual rents and profits of the lands 
 and tenements of the said C D towards the bringing up, ami 
 providing for the said bastard child ; and you are hereby 
 required to attend at the next general sessions of the peace, 
 to l>e holden in and for the said county, in order that the 
 said seizure may be allowed and confirmed, and you further 
 directed in the premises, according to the statute in such 
 case made and provided. Given, &c. 
 
PROCEEDINGS UNDER THE POOR LAWS. 
 
 Order for the relief of a Pauper. 
 County of ^ To the overseers of the poor of the town 
 
 J ss. of in the said county, and to each 
 
 ) of them. 
 
 Whereas application hath been made to me J P, Esq. one 
 of the justices of the peace within and for the said county of 
 
 by A B one of the overseers of the poor of the town 
 
 aforesaid, setting forth, that P P a poor person, had applied to 
 him, the said overseer, for relief. And whereas I, the said 
 justice, and the said overseer, have duly inquired into the 
 state and circumstances of the said P P and it appearing to 
 ns, that the said P P is in such indigent circumstances as to 
 require relief; I therefore, the said justice, do hereby order 
 
 you, the said overseers of the poor of the said town of to 
 
 allow and pay unto the said P P weekly, and every week, 
 upon the Monday in each and every week, the sum of- 
 fer and towards liis support and maintenance, until such 
 times as you shrill be otherwise ordered according to law to 
 forbear the said allowance. Given under my hand and 
 seal, at — — in the said county, the day of 
 
 Warrant of irvo justices for a pauper to be examined concern- 
 ing his settlement 
 
 County of ) To any constable of the town of in 
 
 \ Sa> * said county. 
 WE, J J and E J Esquires, two of the justices of the peace 
 in and for the said county, being duly informed that P P 
 hath come to reside in the said town, not having obtained a 
 legal settlement therein nor produced any certificate owning 
 him to be settled elsewhere, and that the said P P is likely 
 
 to become chargeable to the said town of do command 
 
 you to bring the said P P before us, at the house of in 
 
 the said town, on the — day of at o'clock in 
 
 the noon, to be examined concerning his ability and 
 
 last place of legal settlement. Given under our hands and 
 seals, at the — — day of, &c. 
 
POOR. 
 
 205 
 
 The farm of a general order of removal. 
 County of ) To any constable of the town of A in 
 \ ss * the said county, Greeting : 
 UPON the information of the overseers of the poor of 
 the town of A aforesaid, [or, upon due information,] given 
 to us, whose names and seals are hereunto affixed, being 
 two of the justices of the peace in and for the said county of 
 
 that P P and M his wife, S P their son, aged eight 
 
 years, and D P their daughter, aged four years, have come 
 to reside in the said town of A not having obtained a legal set- 
 tlement there nor produced any certificate owning them or 
 any of them to be settled elsewhere, and that the said P P, 
 M, his wife, and S and 1) their children, are likely to be- 
 come a charge to the said town of A. We, the said jus- 
 tice?, upon due p;-oof made thereof, as well upon the ex- 
 amination of the said P P upon oath as otherwise, and 
 likewise upon due consideration had of the premises, do 
 adjudge the same to be true; and we do likewise adjudge, 
 that the legal settlement of them the said P P, M his wife, 
 and S and D their children, is in the town of B in the coun- 
 ty aforesaid. 
 
 And the said P P, M his .wife, and S and D their chil- 
 dren, havingbeen ordered and directed by us, by a certain 
 tlay now past, to remove to the said town of B, the place 
 of their former settlement, and they having neglected 
 [or, refused] ta comply with our said order- f. e do there- 
 fore command you to convey the said P P, M his w ife, and 
 S and 1) their children, from and out of the said town of A 
 to the said town of and them to deliver to the over- 
 seers of the poor there, or to one of them, together with 
 this our order, or a true cojty thereof, at the same time 
 shewing to them the original; and the said overseers are 
 required to receive and provide for them as inhabitants of 
 their said town. Given under our hands and seals, the ■ — 
 day of in theyear of our Lord, &c 
 
 If the removal is to a different county, the justices arc to direct 
 
 the route and the warrant may he in this form. 
 If the removal is to the first town in t)u adjoining county, say> 
 We do therefore direct that the said A B be conveyed from 
 the said town of Poughkeepsie,in Dutchess county, to the 
 said town of Kingston, in Ulster county, through the towns 
 of Clinton and Rhinebeck, in the county of Dutchess, by the 
 
20B 
 
 POOR. 
 
 post road : and we command you to convey the said A B 
 from and out of the said town of P. to the said town of 
 K. by the route aforesaid, and him to deliver to the over- 
 seers of the poor there, &c. [as before.] 
 
 If the removal is to a county or town not adjoining, say, 
 
 WE do therefore direct that the said A B be conveyed 
 from the said town of Phillips in Putnam county, to the 
 said town of Clinton in Dutchess county, through the towns 
 of Fishkill and Poughkeepsie, in the county of Dutchess, 
 by the post road, and we command you to convey the said 
 A B from and out of the said town of P. to the town of F. 
 and deliver him together with this warrant to a constable 
 of the said town of F. who is hereby required and comman- 
 ded to receive the said A B and to convey him to the town 
 of P. and to deliver him together with this warrant to a 
 constable of the said town of P. who is also hereby requir- 
 ed and commanded to receive the said A B, and to convey 
 him to the said town of C. and him to deliver to the over- 
 seers of the poor there, &c. [as before.] 
 
 Notice of appeal from an order of removal. 
 
 To the overseers of the poor of the town of in the 
 
 county of— 
 
 Please to take notice, that we, the overseers of the poor 
 
 of the town of in the county of do intend, at the 
 
 next general sessions of the peace to be holden in and for 
 
 the said county of at —on to commence and 
 
 prosecute an appeal against an order of J P and S P, 
 Esquires, two of the Justices of the Peace of the said coun- 
 ty of for and concerning the removal of to our 
 
 said town of ——.Witness our hands this day of' 
 
 A B, ) Overseers of 
 CD.J the poor. 
 
 A certificate. 
 
 To the overseers of the poor of the town of — in the 
 
 *ounty of 
 
 We, the overseers of the poor of the town of- — inthecounty 
 op—-«-do hereby certify, own and acknowledge, that PP la- 
 
POOR. 
 
 207 
 
 bourer, is an inhabitant, legally settled in our town of — 
 
 aforesaid. In witness whereof, we have hereunto set our 
 
 hands and seals, the day of in the year of our 
 Lord-——. 
 Attested by 
 
 A W, A B, } Overseers of 
 
 B W. C D, S the poor. 
 
 Acknowledgment of the certificate before a justice ', nrith his ap- 
 probation thereof. 
 
 I, F J Esquire, one of the justices of the peace in and 
 
 for the said county of do hereby approve of the above 
 
 written certificate; and I do likewise certify that A B and 
 C D, overseers of the poor of the said town of — — whoso 
 names and seals are thereunto subscribed and set, have this 
 day respectively acknowledged before me, the said justice, 
 that they did severally sign and seal the same, in the pres- 
 ence of A W and B W the witnesses attesting such certifi- 
 cate. Given under my hand, this day of — 
 
 If the certificate is proved before the justice, by one of the at- 
 testing nitnesees, the form may be thus : 
 
 I, F J, one of the justices of the p eace in and for the said 
 
 county of do hereby approve of the above written 
 
 certificate ; and I do likewise certify, that A W, one of 
 the witnesses attesting the same, hath this day made oath 
 before me, the said justice, that he r the said A W, did 
 
 see the overseers of the poor of the said town of 
 
 whose names and seals are thereunto subscribed and set, 
 severally sign and seal the same, and that B W the other 
 subscribing witness was present, and also, that the names 
 of A W and B W, the witnesses attesting the said certifi- 
 cate, are severally of their own hand writing, — Given, uu- 
 dermy hand, the — — day of 
 
208 
 
 POOR. 
 
 Notice to overseers that a poor person belonging to their town 
 is unable is to be removed, and requesting them to provide 
 for him. 
 
 To the overseers of the poor of the town of — in the 
 county of 
 
 Please to take notice, that P P, late of labourer, 
 
 has lately come [or rc?noved~\ out of your said town of — — 
 where he is legally settled, as we are credibly informed, 
 into our town of and is here taken sick, [or, has be- 
 come lame, or, broken his leg, or, as the case may be, describ- 
 ing the condition he is in,] so that he cannot be convenient- 
 ly removed back to the said town of and that he is in 
 
 indigent circumstances, and unable to maintain himself, 
 and is now a charge [or, is likely to become a charge, as 
 the case may be,] to the said town of . You are there- 
 fore hereby requested to take care of, relieve and maintain 
 the said P P during his illness, also to provide for his fu- 
 neral, if he shall die here. — Dated this day of 
 
 A B, > Overseers of the poor 
 C D, J of the town of 
 
 A ivarrant to seise the gtods, and let out, and receive the rents 
 
 of the real estates of husbands, or parents, 7vho run away 
 
 from their families. 
 
 County of > To the overseers of the poor of the town 
 I ss * of in the said county. 
 
 WHEREAS it appears unto us and two cf (he 
 
 justices of the peace of the said county as we'i upon the com- 
 plaint and application of the overseers of the poor cf the 
 
 said town of in the county aforesaid, as upon due proof 
 
 upon oalh before us made, that O O late of the said town of 
 — yeoman, hath run away, leaving C O his wife, and A 
 O and I) O his infant children, a charge to the said town ; 
 (or, doth absent himself from C O his wife leav ing her a 
 charge to such town) and that the said hath some estate 
 real or personal, whereby Uie said town maybe eased of the 
 said charge in whole or in part. We, therefore, in (lie name 
 of the people of the state of New York, do hereby ftuthoi ize 
 you, the said overseers, to take and seize the goods an d chat- 
 
CORONERS. 
 
 209 
 
 fels of the said anil to let out the lands and tenements 
 of the said O O within the said county, and to receive the 
 annual rents and profits of such lands and tenements, for and 
 towards the maintaining, bringing up and providing for hb 
 said wife and children, so left as aforesaid ; and with this 
 warrant, you are to appear at the next general sessions of 
 the peace, to be holdeu for the said county, thtn and there 
 to certify what you have done in the execution hereof. 
 
 Given under our hands and seals, at 'in the said county 
 
 the i day of — 
 
 PRECEDENTS FOR CORONERS. 
 
 Coroner's precept to summon a jury. 
 
 Dutchess County ss. to an/ Constable of &c. 
 
 In the name of the people of the state of New- York, 
 you are hereby required immediately upon sigh: hereof, to 
 summon and warn twenty-four good and lawful men of the 
 said county, to be and appear before me, A S, Gentleman, 
 one of the coroners of the county aforesaid, at — aforesaid 
 
 in the said county, on the day of at o'clock 
 
 in the forenoon of the same day, then and there to enquire, 
 of, do and execute all such things as on the said people's 
 behalf shall be lawful ly giv en them in charge, touching the 
 death of E F. And be you then and there to certify what 
 you shall have done in the premises, and further to da 
 and execute what in behalf of the said people shall be then 
 and there enjoined you. Given under my hand and seal> &c 
 
 Juror's Oath on a Coroner's Inquest. 
 YOU shall diligently inquire and true presentment make, 
 on the behalf ofthe people of the state of New- York, how and 
 in what manner F 1) (or 44 a person unknown,*' as the case is) 
 here lying dead, came to his death j and ofsuch other nut- 
 ters relating to the same, as shall be lawfully required of you, 
 according to your evidence : So help you God. 
 
 S2 
 
210 
 
 CORONERS. 
 
 After the foreman is sworn, the rest may he sworn, severally 
 
 together as follows : 
 
 Such oath as A B,the foreman of this inquest hatli on his 
 part taken, you and every of you shall well and truly ob- 
 serve and keep on your parts, respectively : So help you God. 
 
 Oath of a witness on a Coroner's Inquest 
 The evidence which you shall give to this inquest, on 
 the behalf of the people of this state, touching the death of 
 F D, shall be the truth, the whole truth and nothing but 
 the' truth : So help you God. 
 
 Inquisition of Murder. , 
 Dutchess county ss. An inquisition indented and taken foi 
 
 the people of the state of New York, at in the county of 
 
 ——aforesaid, the day of — in the year of &q, be- 
 fore me A S gentleman, one of the coroners of the said state 
 for the county aforesaid, upon the view of the body of F D 
 then and there lyiug dead, upon the oaths of A B, C D, 
 &c good and lawful men of the said county, who being 
 sworn and charged to inquire on the part of the people of 
 the said state, when, where, how, and after what manner 
 the said F D came to his death, do say upon their oath a- 
 foresaid, that one G H, late of &c. gentleman, not having the 
 fear of God before his eyes, but being moved and seduced by 
 
 the instigation of the devil, on the day of in the 
 
 year &c. at the first hour in the night of the same day, with 
 
 force and arms, at in the county aforesaid in and upon 
 
 the body ofthe aforesaid F D then and there being, in the 
 peace of God and the said people, feloniously, violently, and 
 of his malice aforethought, made an assault ; and that the a- 
 foresaid G H, then and there with a certain sword made of 
 iron and steel, ofthe value of one dollar, which he, the said 
 Cr H then and there held in his righthand, the aforesaid F D 
 in and upon the left part ofthe belly ofthe said F D a little 
 above the navel of the said F D, then and there violently, 
 feloniously and of his malice aforethought, struck and pierc- 
 ed, and gave to the said F D then and there with the sword 
 aforesaid, in and upon the aforesaid left part of the belly of 
 the said F D, a little above the navel of the said F D one 
 awojtal wound, ofthe breadth of half an iucb, and of the depth 
 
CORONERS. 
 
 211 
 
 of three inches, of which said mortal wound the said F D 
 then and there instantly died ; and so the said G R then and 
 there feloniously killed and murdered the said F I) against 
 the peace of the people of this state and their dignity. 
 
 And the said jurorsfurthersay, upon their oath aforesaid, 
 that O 0, of, &c yeoman, and P P, of &c. yeoman, were fe- 
 loniously present with drawn swords, at the time of the felony 
 and murder aforesaid, in form aforesaid committed, that is to 
 
 say, on the said day of in the year a foresaid, at 
 
 aforesaid, in the county aforesaid, at the first hour in 
 thenightof the said day, then and there comforting, abetting, 
 and aiding the said G H, to do and commit the felony and 
 murder aforesaid in mantic. aforesaid, agaiust the peace of 
 the people of the state and their dignity. 
 
 And moreover, the jurors aforesaid, upon their oath afore- 
 said, do say, that the said G H, O and P P, had not, nor 
 had any of them, nor as yet have or hath, any goods or chat- 
 tels, lands or tenements, within the county aforesaid, or else- 
 where, to the knowledge of the said jurors, [or, " that the 
 said G H, &c. at the time of doing and committing the felo- 
 ny and murder aforesaid, had goods and chattels, as contain- 
 ed in the inventory to this inquisition annexed, which re- 
 main in the custody of R R."] 
 
 In witness whereof, as well the said coroner, as the jurors 
 aforesaid, have to this inquisition set their seals on the day 
 and year aforesaid, at the place aforesaid. • 
 
 A B, 
 
 A S, Coroner. C D> &c. Jurors, 
 
 An inquisition where one isivilfuUy poisoned. 
 
 upon their oathssay, that J B, late of &c. in the count/ 
 aforesaid, farmer, not having the fear of God before his eyes, 
 "but being moved and seduced by the instigation of the devil, 
 and of his malice aforethought, contriving and intending her 
 the said C B with poison feloniously to kill and murder, on 
 
 the day of, kc. with force and arms, at &c. a great 
 
 quantity of white arsenic, being a deadly poison, in a certain 
 quantity of &c. feloniously, wilfully and of his malice afore- 
 thought, did mix and mingle, he the said J B then and there 
 well knowing the said w hite arsenic to be a deadly poison ; 
 and that the said J B, afterwards, to wit, on the same day 
 and year last aforesaid, at &c. the poison aforesaid; so &s a- 
 
212 
 
 CORONJERfc. 
 
 foresaid mixed and mingled, feloniously, wilfully and oi hie 
 malice aforethought, did give andoffer to her the said C B, 
 totake,drink and swallow down ; and that the saidC B not 
 knowingthe poison aforesaid, in&c. to have been mixed and 
 miugledas aforesaid,aftenvards, to wit, on the same day and 
 year aforesaid, atthetow r n aforesaid in the county aforesaid, 
 the said poison, so as aforesaid mixed and mingled, by the 
 procurement and persuasion of the said J B, did take, drink 
 andswjllowdown ; and thereupon tiie said C B by the poi- 
 son aforesaid, so as aforesaid,taken,drankandswalloweddown 
 became then and there siek and distempered in her body; and 
 the said C Bof the poison aforesaid, and of the sickness and 
 
 distemper thereby occasioned, from the said day in 
 
 trre year aforesaid, until the — day of in the same 
 
 year, at&cdid languish and languishing did live ; on which 
 
 said day of&c. at &c. she the said C B, of the poison a- 
 
 foresaid, and of the sickness and distemper thereby occa- 
 sioned, did die ; and so the said J B her the said C B in 
 manner and by means aforesaid, felonious!}', wilfully and of 
 his malice aforethought, did poison, kill and murder against 
 t he peace, &c. 
 
 An inqidsition where one hangs himself. 
 
 upon their oath say, that the said P B not having 
 
 the fear of God before his eyes, but being moved and se- 
 duced by the instigation of the devil, at ■ aforesaid, in 
 a certain barn then and there standing and being, the said 
 P B being then and there alone, with a certain silk hand- 
 kerchief of the value of &c. which he then and there had 
 and held in his hands, and one end thereof then and there 
 put about his neck, and the other end thereof tied about &c. 
 himself then and there, with the cord aforesaid, voluntarily 
 and feloniously, and of his malice aforelhought hanged and 
 suffocated ; and so, the jurors aforesaid, upon their oath afore- 
 said, say, that the said P B then and there, in manner afore- 
 said, as a felon of himself, fetonious.y, voluntarily and of 
 his malice aforethought, himself killed, strangled and mur- 
 dered against the peace &c- 
 
 An inquisition where one drowns himself. 
 
 at aforesaid, in the county aforesaid, then and 
 
 ftiere being alone, in a common river there, called?— him- 
 
CORONERS. 
 
 213 
 
 self voluntarily and feloniously drowned ; and so the jurors 
 aforesaid, upon their oath aforesaid, say that the aforesaid A 
 D in manner and form aforesaid, then aud there himself 
 voluntarily and feloniously as a felon of himself killed and 
 murdered, against the peace, &c. 
 
 An Inquisition where one is drowned by accident. 
 
 — that the said P B on &c. at &c. going into a certain 
 river there, called &c. therein to bathe himself,it happened 
 that accidentally, casual \y, and by misfortune, he the said 
 P B was in the water of the said river then suffocated and 
 drowned; of which said suffocation and drowning, he the 
 said P B then and there instantly died ; and so the jurors 
 aforesaid do say, that the said P B in manner and by the 
 means aforesaid, accidentally, casually, and by misfortune, 
 came to his death and not otherwise. In witness, 8cc. 
 
 An Inquisition where one dies a natural death. 
 
 i i that the said P B on &c. at &c. to wit, in a certain 
 place called &c. was found dead , that he had no marks of 
 violence appearing on his body, and died by the visitation 
 of God in a natural way, and not otherwise. In witness,&c. 
 
 An Inquisition upon one who dies in gaol. 
 
 who say upon their oath, that the aforesaid A D, on 
 
 the day of the taking of this inquisition, being a prisoner in 
 
 the gaol at in the county aforesaid, then and there died 
 
 of the visitation of lux I, and* then and there in manner and 
 form aforesaid, nme to his death, and not otherwise. 
 In witness, <S:e. 
 
 An Inquisition on one non compos mentis. 
 
 that the aforesaid G H on, &c. and at the time of 
 
 his death, to wit, from and to the time of his death, and at 
 the time of his death aforesaid, was a lunatic and a person 
 of insane mind ; and that the said G H being a lunatic and 
 person of insane mind as aforesaid, did, &c {according to 
 the facts.) In witness, Arc, 
 
214 
 
 CORONERS. 
 
 An Inquisition on one for cutting his throat. 
 
 by the instigation of the devil, at aforesaid, 
 
 in the county aforesaid, in and upon himself, then and there 
 being, in the peace of God, and of the people of this state, 
 feloniously, voluntarily, and of his malice aforethought, made 
 an assault; and that the aforesaid A^D, then and there with 
 a certain knife of the value of one cent, which he, the said 
 A D then and there held in his right hand, himself upon his 
 throat then and there feloniously, voluntarily, and of his 
 malice aforethought, did strike and gave to himself then and 
 there with the knife aforesaid, upon his throat aforesaid, one 
 mortal wound of the breadth of four inches and the depth of 
 
 one inch, of which said mortal wound the said A D at 
 
 aforesaid, in the county aforesaid, languished, and languish- 
 ing lived, from the said — day of in the year a- 
 
 foresaid, to the day of and that the said A D on 
 
 the day of — aforesaid, in the year aforesaid, at 
 
 aforesaid, in the county aforesaid, of that mortal 
 
 wound died. And so the jurors aforesaid, &c. 
 
 For killing another in his own defence. 
 
 • upon their oaths say, that A K, late of —gentle- 
 man, at aforesaid, in the said county, on the day 
 
 of — — in the year of in the peace of God and of 
 
 the people of this state, then being, A M, late of ■ in 
 
 the county of at the hour of in the afternoon of 
 
 the same day, did come, and upon him the said A K then 
 and there of his malice aforethought, did make an assault, 
 and him the said A K did then and there endeavor to beat 
 ami kill, by continuing the assault aforesaid, from the house 
 
 of one W H in aforesaid, to a certain pl^ace called — — 
 
 In the county aforesaid, and the said A K seeing that the 
 said A M wa3 so maliciously disposed, to a certain wall in 
 the said place called — - — did flee, and from thence for fear 
 of death could not escape, and so the said A K himself, in 
 the preservation of his life, against the said A M continued 
 to defend, and in his own defence, him the said A M upon 
 the right part of the breast of him the said A M, with a cer- 
 tain sword of the price of 1 2 cents, which the said A K then 
 and there held in his right hand, did strike, then and there 
 giving to the same AM, one mortal wound, of the breadth 
 
CORONERS. 
 
 215 
 
 of one inch, and of the depth of three inches, of which said 
 mortal wound the said A M at aforesaid, in the coun- 
 ty aforesaid, languished, and languishing lived, from the said 
 
 day of to the day of from thence 
 
 next ensuing and that the said A M, on the said day 
 
 of in the y^ar aforesaid, at aforesaid, in the said 
 
 county, of that mortal wound died ; and so the said A K did 
 then and there kill him the said A M in his own defence. 
 
 An Inquisition where the murderer is unknown. 
 
 [The same as before, only say] — that a certain person 
 unknown, £cc. [and add] And the said jurors upon their 
 oath aforesaid further say, that the said person unknown, 
 after he had committed the said felony and murder in man- 
 ner aforesaid, did fly away, against the peace, &c. 
 
 [When any person is indicted before a corcner of murder or 
 manslaughter, or as accessary thereto, before the fact, the re- 
 cognizance to bind over witnesses may be in the form follow- 
 ing : 
 
 County of ss. 
 
 THE day of in the year of, &c. A B came 
 
 before me, A C, one of the coroners, &c. and acknowledged 
 himself to be indebted to the people of this state, in, Sic. 
 
 The condition of this recognizance is such, that if the 
 above bounden A B do personally appear at the next court 
 of oyer and terminer and gaol delivery, to be holden in the 
 said county, and then and there testify and set forth his 
 knowledge, touching the death of A B, and do not depart 
 thence without leave of the said court, then this recogni- 
 zance to be void, otherwise to remain in full force and vir- 
 tue. 
 
 Acknowledged before me, the day and year above writ- 
 ten. A C. 
 
WARRANTS, INFORMATION, EXAMINA- 
 TIONS, &c. 
 
 Warrant for an Assault and Battery. 
 
 Dutchess County, ss. To auy Constable of the town 
 of — in said county, Greeting : 
 
 WHEREAS complaint hath been made before me, G C, 
 Esq. one of the Justices of the peace in and for the said 
 county, upon the oath of A B of — in the said county. 
 
 carpenter, that C I) of aforesaid, laborer, did, on the 
 
 day of — violently assault and beat him the said 
 
 A Bat aforesaid in the county aforesaid : These are 
 
 therefore in the name of the people of the state of New- 
 York, to command you forthwith to apprehend the said C D 
 and bring him before me, to answer unto the said complaint, 
 and to be further dealt with according to law. Given un- 
 der my hand and seal the day of, kc. 
 
 Warrant to apprehend a burglar. 
 
 Dutchess county, ss. TO any constable of &C< 
 
 FORASMUCH as A B of in the county of 
 
 farmer, hath this day made information and complaint upon 
 oath, before me E M, Esq. one of the Justices of the peace 
 in and for the said county, that yesterday in the night, the 
 dwelling-house of him the said A B at — — aforesaid, in 
 the county aforesaid, was feloniously broken open and &c. 
 (describe the property taken) of the goods and chattels of him 
 the said A B, feloniously and burglariously stolen, taken 
 and carried away from thence ; and that he hath just cause 
 
 to suspect, and doth suspect that E F late of in the 
 
 county of laborer, the said felony and burglary did 
 
 commit : These are therefore in the name of the people of 
 the state of, &c. to command you, that immediately upon 
 sight -hereof, you do apprehend the said E F and bring him 
 before me to answer in the premises, and to be further 
 dealt with according to law r — Herein fail you not. Given 
 under my band and seal, the — — - day of, &c. 
 
♦ 
 
 WARRANTS, &c. 217 
 
 Farm of an information against a person for felony. 
 Countv of ) 
 
 ss. ] BEIT REMEMBERED, that this day 
 
 of &c. in the rear of &c. A B,of in the county of ■ 
 
 farmer, in his proper person, comes before me, E M Esq. 
 one of the justices of the peace in and for the said county, 
 and upon oath makes complaint that on the — day of 
 Sec. divers goods and chattels of him the said A B of the 
 value of that is to say (Jure insert the articles) -were fe- 
 loniously stolen, taken and carried away from and out of the 
 
 dwelling house of the said A B situate at aforesaid in 
 
 the said countv, and that he hath just and reasonable cause 
 
 to suspect, and doth suspect that C D late of laborer. 
 
 feloniously did steal, take and carry away the same ; for 
 that the said A ft upon his oath aforesaid, doth depose and 
 say, that (here set forth tkc circumstances of the theft and the 
 cause of suspicion that il mat} appear Io be reasonably r,ud 
 thereupon he the said A B prayetb that justice pay 1;« 
 done in the premises. 
 Before me, E M. 
 
 Form of a warrant for felony. 
 
 Dutchess County, ss. To any constat, le of, tic. 
 
 WHBJREA^S A B of in thecounfy of farmer 
 
 hath < his day made complaint upon oath before me E M one 
 of the justices of the peace in and for the said county, that 
 
 on the day of &c. divert goods and chattels of him the 
 
 said A B of the value of - that is to say (name the arti- 
 cles) were '.feloniously stolen, taken and carried away from 
 and out of the dwelling house of him f lie said A B, situate 
 
 at aforesaid, in the said county, and that he hath just 
 
 and reasonable cause to uspect, and doth suspect that C D 
 late of Ac. laborer, feloniously did steal, take and carry away 
 the same : These are therefore in the name of the people of 
 the state of New-York, to command you forthwith to appre- 
 hendliim the said C D and to bring him before me, to answer 
 unto the matters contained in ihe said complaint and inform- 
 ation, and to be further dealt with according to law: Herein 
 fail not. G i ven under my haud and seal the — day of &c 
 
 T 
 
21<8 
 
 WARRANTS, &c. 
 
 Oath of a person demanding surely of the peace. 
 
 You do swear that yon are in fear of your life, or some 
 tjedily hurt to be done or procured to he done you, by C D 
 
 of for that the said C D hath threatened to do some 
 
 bodily hurt unto you [or " to wound, maim or kill" &c. or 
 u to burn your house" &c. as tlic case is] and that you do not 
 require the surety of the peace [or " of the good behaviour 1 '] 
 from him for any private malice, vexation or revenge, but 
 for the necessary safety of your person. 
 
 W cur ant for the peace or gcod behaviour. 
 
 * — — County, ss. To any constable of, &c. 
 
 W HERE AS A B, of &c."iti the said county, farmer, hath 
 made oath before me, I F Esq. one of the justices of the 
 peace in and for the said county, that he is afraid (hat C D 
 of &cc. in the saitl county, laborer, will beat, [or " wound" 
 &c.~] him [or " burn his house," <£r.] and hath prayed surety 
 of the peace [or " of the good behaviour,"] against the said 
 C D : These are therefore in the name of the people of the 
 state of New-York, to command you that immediately upon 
 the receipt hereof, you bring the said C 1) before me or 
 some other justice of the peace of the same county, to find 
 sufficient surety, as well for his personal appearance at the 
 next general sessions of the peace, to be holden in and for 
 the said county ; as also for his keeping the peace [or "for 
 his good behaviour"] in the mean time towards the good 
 people of this state, and more especially towards the said 
 A B. Given under my hand and seal at, 6jc. 
 
 General form of a Recognizance with sureties. 
 
 County of ss. 
 
 BE IT RE VTEMBERED that on the day of &c. in 
 
 the year of &c. C D of ■ in the said county, laborer, N 
 
 K, of Sec. carpenter, and S T of the same place, saddler, 
 personally came before me, I F Esq. one of the justices as- 
 signed to keep the peace in and for the said county, and 
 severally acknowledged themselves to owe to the people of 
 the state of New York, to wit, the said C D the sum of 
 fifty dollars, and the said N K and S T, each the sum of 
 twenty-fiv e dollars separately of good and lawful money of 
 
WARRANTS, &c. 218 
 
 the said stale, to be respectively made and levied of their 
 several goods and chattels, lands and tenements to the use 
 of the said people, if he the said C D shall fail in perform- 
 ing the condition hereon endorsed [or " underwritten'" if it 
 be so.] Acknowledged before me, I F. 
 
 Form of the condition cf a recognizance for (he peace or good 
 behaviour. 
 
 The condition of this recognizance is such, that if the 
 within [or "above*'] bounden C D shall personally appear at 
 the next general sessions of the peace, to be holden in and 
 for the county aforesaid, to do and receive what shall then 
 and there be enjoined him by the court, and in the mean 
 time shall keep the peace [or " be of good behaviour'"'] to- 
 wards the people of the said state, and especially towards 
 A B, of, See. in the said county, farmer ; then the said re- 
 cognizance shall be void or else remain in full force. 
 
 Condition of a recognizance to answer to an indictment for an 
 
 assaidt and batten/. 
 
 The condition of this recognizance is such, that if the a- 
 bove bounden C D shall personally appear at the next 
 general sessions of the peace, to be holden in and for the 
 said county, then and there to answer to an indictment to 
 be preferred against him, by A B of yeoman, for an as- 
 sault and battery upon him the said A B, and to do and re- 
 ceive what shall by the court, be then and there enjoined on 
 him, and shall not depart the court without leave, then the 
 above recognizance to be void, otherwise to remain in full 
 force. 
 
 Warrant of commitment for want of sureties. 
 
 County, ss. To any constable of &c. and to the- 
 
 keeper of the common gaol in the said county, Greeting: 
 
 Whereas C D of in the said county, laborer, is now- 
 brought before me, I F, Esquire, one of the justices of the 
 peace in and for the said county, and required to find sutti 
 cient sureties to be bound with him in a recognizance for 
 his personal appearance at the next general sessions of the 
 per.ee to be holden in and for the said county, and in the 
 
220 
 
 WARRANTS, &c. 
 
 mean time to keep the peace [or "be of good behaviour"] to- 
 wards the good people of the state of New- York, and more 
 
 especially towards A B of in the said county, farmer : 
 
 And whereas the said C D hath refused and doth now re- 
 fuse [or " hath neglected and doth now neglect] before me to 
 find such sureties : These are therefore in the name of the 
 people of the said state to command you the said constable 
 forthwith to convey the said C D to the common gaol of the 
 said county, and to deliver him to the keeper thereof, to- 
 gether with this precept. And I do hereby command you 
 the said keeper, to receive the said C D into your custody 
 in the said gaol, and him there safely to keep until he shall 
 find such sureties as aforesaid. Given under my hand and 
 seal, at, &c. the day of, &c. 
 
 If a warrant is issued by a justice and the offender escapes 
 into another county, a justice of such other county, on 
 proof of the hand writing of the justice issuing the warrant, 
 must indorse his name on the same, which wiil be an au- 
 thority to arrest the party there. 1 L. N. Y. 1 49. 
 
 Foivn of the Indorsement. 
 
 County of Dutchess, ss. 
 WHEREAS proof upon oath hath been made before me 
 G C, one of the justices of the peace in and for the B-aiU 
 county of Dutchess, that the name of I F to the v. i writ- 
 ten warrant subscribed, is of the proper ha act wrltii \. of ike 
 said I F, the justice of the peace within meatior^d : 1 do 
 therefore hereby authorise P K, who brings to me this v. ar- 
 rant, and all other persons to whom the said variant is 
 directed, to execute the same witliin the said county pf 
 Dutchess. Given under my hand, &c. 
 
 Form of a complaint to obtain a search warrant. 
 — County, ss. 
 
 BE IT REMEMBERED that this day of 
 
 A B of in the said county of yeoman, in his 
 
 proper person, comes before me J C Esq. oneof the justices 
 of the peace in and for the said county, and upon oath 
 maketh complaint, that on the day of, &c. [or as the 
 
WARRANTS, &*. 
 
 221 
 
 case is] divers goods and chattels of him the said A B, oi 
 the value of, &c. that is to say, &c. {describe the articles) 
 were feloniously stolen, taken and carried away, from and 
 out of the dwelling house of him the said A B, situate at, 
 <fec. in the county aforesaid : and that he hath ju3t and rea- 
 sonable cause to suspect, and doth suspect, that the said 
 goods and chattels, or some part thereof, are concealed in 
 the dwelling house of P R, of, &c. i ; said county, labourer : 
 for he, the said A B upon his oath aforesaid, doth depose 
 and say, that {set forth tin grounds of suspicion, that the;, 
 may appear to be reasonable,) and therefore, he the said A 
 3 prays that justice may be done in the premises- 
 Before me, &c. 
 
 Search warrajit on the above CGmplauit. 
 
 County of ss. To any Consiable of <fcc. 
 
 Whereas A B, of in the said county, yeoman, hath 
 
 this day made complaint upon oath, before me, J C Esq. 
 one of the justices of the peace in and for the said county, 
 that on &c. certain goods and chattels of him, the said A 
 B to wit: — have, by some person or persons unknown, 
 been feloniously stolen, taken and carried away out of the 
 dwelling house of him, the said A H at — aforesaid, h: 
 the couuty aforesaid : and that he the said A B hath prob- 
 able cause to suspect, and doth suspect that the said goods 
 and chattels, or some part thereof, are concealed in the 
 dwelling house of P R, of in the said county, labour- 
 er : These are therefore in the name of the people of the 
 state of New York, to authorise and require yoa, with ne- 
 cessary and proper assistance, to enter in the day time, in- 
 to the said dwelling house of the said P R> at afore- 
 said, in the county aforesaid, and there diligently to search 
 for the said goods : and if the same, or any part thereof 
 shall be found upon such search, you are to bring the goods 
 so found, and also the body of the said P R before me, 
 or some other of the justices assigned to keep the peace in 
 and for the county aforesaid, to be disposed of and further 
 dealt with according to law. Given under my band act! 
 ?eal at, &c. 
 
 T2 
 
warrants; &e. 
 
 Form of an Examination of a person charged with felony* 
 County ss. The eftmination of O P late of la- 
 bourer, taken before me, D A, Esquire, one of the justices 
 
 of th*> peace, in and for the said county, this dayoi 
 
 in the year of Sec. The said O P being charged be- 
 fore me by A B, of &c. yeoman, with feloniously stealing, 
 taking and carrying away out of the dwelling house of the- 
 
 sai't \ B at on &c. {here describe the articks and state 
 
 the value of them) of the goods and chattels of him, the said; 
 A B : He, the said O P, upon his examination now taken 
 before me in pursuance of the act in such case made and 
 provided, saith [wconfesseth or denieth,} That&c. {ac- 
 cording to the fact.) Taken before me, &c. 
 
 Form of the information or complaint of a felony committed &c. 
 County of > 
 
 ss. \ The information of A B, of Sec. yeoman, 
 taken before me, &c. {as before.) 
 
 General form of a Recognizance to prosecute and give evidence. 
 County of ) 
 
 ss. $ BE IT REMEMBERED, that on the 
 
 day of in the year &c. A B of in the said coun- 
 ty, yeoman, came before me, D A, Esquire, one of the 
 justices assigned to keep the peace in and for the said, 
 county, and acknowledged himself to owe to the people of 
 this state, the sum of, &c. of good and lawful money of this 
 state, to be made and levied of hii goods and chattels, lands 
 and tenements, to the use of the said people, if the said A 
 B, shall fail in the condition following : 
 Acknowledged before me C D, &c. 
 
 One P R,late of &c. labourer, was this day brought be- 
 fore me, the justice above named, by the above bounden A 
 B, and was by him charged with feloniously stealing, taking 
 and carrying away at — in the county aforesaid, one &c. 
 {here describe the articles, cfrc.) of the value of &c. of the 
 goods and chattels of him, the said A B, whereupon he, 
 the said P R was committed by me, the said justice, to 
 the commou gaol at &c. Now therefore the condition of 
 Ihe above, recognizance is sucb> that if he, the said A B <to 
 
WARRANTS, &c. 223 
 
 and shall, at the next general sessions oC the peace [or 
 " gaol delivery,"] to be holden in and for the said county, 
 prefer, or cause to he preferred, a bill of indictment of the 
 said felony, against the saidP R, and shall then and there 
 also give evidence concerning; the same, as well to the ju- 
 rors that shall then enquire of the said felony, as also to 
 them that shall pass upon the trial of the said P R, (lien 
 the said recognizance shall be void, or otherwise remain in 
 full force and effect. 
 
 Form of a warrant for a witness. 
 
 County, ss. To any Constable of &<;. 
 
 Whereas oath has been made before me, B A. Esquire*, 
 one of the justices of the peace in ami for the said county, 
 by A B, of et c. that certain goods and chattels of him the 
 said A B, to wit, {name the articles) of the valueof, &c. were 
 lately feloniously 3tolen, taken and carried away from and 
 out of the dwelling house of him, the said A B, at &c. (or as 
 the case may be) and that he hath good cause to believe that 
 
 P R of is a material witness to prove by whom the said 
 
 felony was committed : These are therefore to require you 
 to cause the said P R forthwith to come before me, to give 
 such information and evidence as he Unoweth concerning the 
 said offence, that such further proceedings may be had there- 
 in as to the law doth appertain. Given under my hand and 
 seal at ■ in the said county, the day of &c. 
 
 Condition of a recognizanoPld give evidence. 
 The condition of the above recognizance is such, that if 
 the above bounden P R shall personally appear at the next 
 
 general sessions of the peace, to be holden at in and 
 
 for the said county, and then and there give such evidence as 
 he knoweth, upon a bill of indictment, to be exhibited by 
 
 A B of yeoman, to the grandjury, against C I), late of 
 
 in the said county, laboter, for feloniously taking and 
 
 carrying away (here name the goods) the property of and 
 
 in case the said bill be found a true bill, then the said P R 
 shall then and theregive evidence to the jurors that shallpass 
 on the trial ofthe said C D upon the said bill of indictment , 
 and not depart thence without leave of the court, then 
 this recognizance to be Yoid, otherwise te remain in full, 
 force and effect 
 
224 
 
 WARRANTS, to 
 
 Form of a mittimus for felony, 
 
 County, ss. To any constable, of Sec. and to the 
 
 keeper of the common gaol in I lie said county : These are 
 to charge and command you, the said constable, in the 
 name of the people of the state of New York, forthwith to 
 carry and deliver into the custody of the said keeper ot the 
 said gaol, the body of D this day brought before me, E 
 C, Esq. one of the justices o£the peace in and for the said 
 county, by B W, a constable of <fcc. and charged upon the 
 oath of A B with {here set forth ike offence) : And you, the 
 said keeper, are hereby required to receive the said D 
 into your custody in the said gaol, and him there safely 
 keen until he be thence delivered by due course of law. 
 Given under my hand &c. at &c. 
 
 Warrant to apprehend affrayers. 
 
 Ulster County, ss. To any constable of the said county 
 Greeting. 
 
 Whereas A I, of —yeoman, hath this day made oath 
 before me, J P, esquire, one of the justices of the peace for 
 
 the said county, that on the • day of in the year 
 
 of our Lord one thousand eight hundred and A O of 
 
 yeoman, and B O of yeoman, at in the said county 
 
 in a tumultuous manner made an affray, wherein the person 
 of the said . I was beaten and abused by them the said 1 
 O and B O without any lawful or sufficient 'provocation giv- 
 en to them or either of them, by him the said A I. These 
 are therefore in the name of the people of the state of New 
 York, to command you forthwith to apprehend the said A 
 O and B O, and bring them before me, or some other of the 
 justices of the peace for the said county, to answer the pre- 
 mises, and to -find sureties as well for their personal appear- 
 ance at the next general sessions of the peace to be holder 
 for the said county, then and there to answer to an indict- 
 ment to be preferred against them by the said A I, for the 
 said offence, as also for their keeping the peace in the mean 
 time, towards the good people of this state, and especially 
 towards him the said A I. Hereof fail not, as you will an- 
 swer to the contrary at your peril. Given under my hand 
 and seal, at — — in the said county, the — — d»y of 
 &c 
 
WARRANTS, &c. 
 
 225 
 
 Warrant for a Barrator, 
 
 Queen? County, ss. To any constable of said county. 
 WHEREAS complaint upon oath hath been made unto 
 
 me, one of the justices of the peace in and for the said 
 
 county, that AO of in the said county, yeoman, on the 
 
 day of in the year of our Lord one thousand eight 
 
 hundred and and on divers other days and times, as 
 
 well before as afterwards, at aforesaid, in the county 
 
 aforesaid, and at divers other places within the county afore- 
 said, wasandyetis a common barrator, and daily disturber 
 of the peace of the people of the state of New-York, and al- 
 so a common brawler, wrangler, fighter, scandalizer, and 
 sower of seditions, suits and discords between his neigh- 
 bours, and other the people of the said state, to the great 
 damage and disturbance of the said people, and against the 
 peace of the said state, and to the evil example of all others 
 in the like case offending : These are therefore in the name 
 of the said people, to command you forthwith to bring the 
 said A O before me to answer unto the said complaint, and 
 to find sureties for his personal appearance at the next gen- 
 eral sessions of the peace to be holden for the said county, 
 at on the — — day of next, then and there to an- 
 swer unto an indictment on the behalf of the people of the 
 said state, to be preferred against him for the said offences. 
 Hereof fail not upon the peril that shall ensue thereon. 
 Given under my hand and seal, the day ol — - — &c. 
 
 Warrant cf two Justices to apprehend an offender. 
 
 County of S3. To any constable of, &c. 
 
 WH£JKJ2AS complaint hath been made unto us, tfhose 
 narn"s and seals are hereunto set, two of the justices of the 
 peace for the said county, upon the oath of A I cf yeo- 
 man, and 15 1 of- yeoman, that on the day of 
 
 A O of yeoman, did knowingly and designedly, and 
 
 by false pretences, that is to say, by [here particularise titc of- 
 jfcncf] obtain [here mention the things] from C I of — con- 
 trary to the statute in that case made and provided : These 
 are therefore to command you, upon sight hereof, forthwith 
 to bring the said A O before us, at — to answer the said 
 complaint, and further to be dealt withal according to law. 
 Given under onr hands and seals, the — day of,&c. 
 
226 
 
 WARRANTS, &c. 
 
 A warrant to apprehend a person for coining of money, audio 
 
 seize his instruments, &c. 
 
 County of ss. To any Constable of &c. 
 
 WHEREAS A B of (fee. hath this day made oath before 
 me, that on. &c. last past, at the house of C D situate, in &e. 
 he being in the next room, to a private shop or ware-house 
 of the said C D, (who is by trade a silver-smith) through a 
 hole or crany in the partition wall or door, saw the said C 
 D busy with many tools and instruments in making and 
 moulding some white pieces of metal of a round form, and 
 about the size of shillings and half crowns, which lie took to 
 be the coining cf money ; These are therefore in the name 
 of the people of this state to command you to apprehend 
 the said C I) and seize all the tools and instruments, and 
 money, which you can find in the shop or house of him the 
 said C O, and that you do bring him together with the said 
 tools and instruments and money (it any such you can find) 
 before me, or some other of thejustices of the peace for this 
 county, to be examined concerning the premises, and to be 
 dealt with according to law. Given, &c. , 
 
 Recognizance with sureties. 
 
 County of ss. 
 
 BE it remembered, that on the day of in the 
 
 vear of our Lord O O of in the said county of 
 
 blacksmith, and T S of in the same county, ma- 
 son, and S S of in the said county, yeoman, personally 
 
 came before me, J P Esquire, one of the justices assigned to 
 keep the peace in and for the said county, and severally ac- 
 knowledged themselves to owe to the people of the state of 
 New- York ; that is to say, the said O O the sum of 50 dollars, 
 and the said T S and S S the sum of 25 dollars, separate- 
 ly, of good and lawful money of the said state, to be made 
 and le vied of their goods and chattels, lands and tenements 
 respectively, to the use of the said people, if the said O O 
 shall make default in the condition following [or hereon in- 
 dorsed, as tlie case is.*~\ 
 
 Acknowledged theday andyear above written beforeme, 
 
 *The condition of the recognizance may be wrote either on the back 
 or at the foot thereof but the latter seems best. 
 
WARRANTS, &c. 
 
 227 
 
 The condition of the above [or within written] recogni- 
 zance is such, that if the above hound 00 do and shall — — 
 [as tlx condition is] then the said recognizance to be void, 
 or otherwise remain in full force. 
 
 Recopiisance without serctus. 
 
 County of ss. 
 
 BE it remembered, that on the day of in the 
 
 year of our Lord O of in the said county la- 
 borer, personally came before me, J P Esq. one of the Justi- 
 ces of the peace in and for the said county, and acknowl- 
 edged himself to owe to the people of the state of New-York, 
 i 5 dollars of good and lawful money of the said state ; to be 
 levied of his goods and chattels, lands and tenements, to the 
 use of the said people, if default shall be made in the condi- 
 tion following. 
 
 Acknowledged the day and year above written, before 
 me, J P- 
 
 The condition, &c. is suc|i,<£c 
 
 Record of a conviction before Magistrates. 
 
 County of ) TTJ E it remembered, that on the day 
 
 S 9S * .15 °f m the year of our Lord one 
 
 thousand eight hundred and at in the county of 
 
 aforesaid, A 1 of comes before us, J P and S B, 
 
 Esquires, two of the justices assigned to keep the peace in and 
 for the said county, and also to he»r and determine divers 
 felonies, trespasses, and other misdemeanors in the said coun- 
 ty committed, and gives us the said justices to understand and 
 be informed that one A O of in the said county, yeo- 
 man, on the day of now last past, at in the 
 
 said county, did [Jure set forth the fact in the words of the 
 statute, as near as jnay he] against the form of the statute in 
 such case made and provided : And afterwards upon the a- 
 
 foresaid, day of in the year aforesaid, at in the 
 
 county aforesaid, he, the said A O after beingduly summon- 
 ed in this behalf before U3, the justices aforesaid, appears and 
 is present, in order to make his defence against the said- 
 charge contained in the said information, and having heard 
 the same, he the said A O, is atiked by us the said justices, 
 if he can say any thing for himself why he should not be con- 
 
228 WARRANTS, kc. 
 
 victed ofthe premises above charged upon him in form afore- 
 said : And thereupon he says he is not guilty of said of- 
 fence [or pleads and says that, as the defence may be~\ — 
 Whereupon one credible witness to wit, A W of yeo- 
 man, comes before us, the said justices, and upon his oath, 
 the same oath being by us then and there duly administered, 
 and in the presence as well of the said A I as of the said A 
 O deposes, swears, and upon his oath aforesaid, says, 
 
 that the aforesaid A O on the ■ day of in the 
 
 year aforesaid, at — in the county aforesaid, did [here a- 
 gam set forth the fact, or so much thereof as is sufficient to con- 
 vict the offender] And thereupon the aforesaid A O the 
 
 day of in the year aforesaid, before us the justices a- 
 
 foresaid, by the oath of one credible witness aforesaid, ac- 
 cording to the form of the statute is convicted ; and for his 
 
 offence aforesaid, has forfeited the sum of of lawful 
 
 money of the state of New-York, to be distributed as the 
 statute aforesaid directs. In witness whereof, we, the said 
 Justices, to this present record of conviction as aforesaid, 
 
 have set our hands and seals at. in the county aforesaid. 
 
 the day and year first above written. 
 
 If he confesses the fact,then say — And because the said A 
 O has nothing to say, nor can say, any thing in his own 
 defence touching and concerning the premises aforesaid, but 
 does of his own accord freely and voluntarily acknowledge 
 and confess all and singular the said premises to be true, in 
 manner and form as the same are charged upon him in the 
 said information ; and because all and singular the premis- 
 es being heard, and fully understood, by the said Justices, 
 it manifestly appears to us [or if the party has been summon- 
 ed and does not appear then say] — Whereupon, on the said 
 
 day of * in the year aforesaid, at in the 
 
 county aforesaid, he, the said A O was duly summoned in 
 this behalf, to appear before us in order to make his defence 
 against the said charge contained in the said information, 
 but the said A O neglects to appear before us, and does not 
 appear nor make any defence against the said charge as a- 
 
 foresaid : Therefore, we, the said justices, on the said 
 
 day of in the year aforesaid, at — — in the county a- 
 
 foresaid, do proceed to examine into the truth of the said 
 complaint : And A W of -a credible witness, comes be- 
 fore us, the justices aforesaid, and upon his oath, &c. 
 
WARRANTS, See. 
 
 229 
 
 Form of conviction under the law for suppressing immorality. 
 
 City of New- York, (or county,) to v. it. 
 
 BE IT REMEMBERED, that on the day of 
 
 in the year of our Lord one thousand A B was con- 
 victed before me C D, mayor, (recorder, or one of the alder- 
 men of the said city, or one of the justices of the peace of the said 
 county) of crying, or shewing forth or exposing to sale, one 
 (or two or more, specifying the number, quantity and kind of 
 
 goods) on a Sunday, in the said city, (or (lie town of in 
 
 the said county) or of travelling, (or doing servile work or la- 
 bor, or of shooting, fishing, sporting, playing, horse-racing, 
 hunting* or frequenting iippdng houses, or using some unlaw- 
 ful exercise or pastime) on Sunday, or of swearing one (or 
 two or more) profane oath or oaths, or of uttering one (or 
 more) profane curse (or curses) in the said citj\ (or at the 
 
 town of in the said county, as the case may require) or 
 
 of obstructing on the — — • day of the free passage of 
 
 the highway, in the city (or town of ) within the dis- 
 tance (if one mile from a place of public worship, or of wil- 
 fully disturbing, on the day of an assembly of 
 
 people met for religious worship, in the city or town of— 
 by making a noise, or by rude and indecent behaviour, or 
 by profane discourse, or by exhibiting shows or plays, or 
 by promoting or aiding horse-racing or gaming, (as the case 
 may be) or by exposing to sale ardent or distilled liquors, or 
 of having on tlve day of kept or opened a huck- 
 ster's shop upon the highway within the distance of one 
 mile from t lie place where such religious society were as- 
 sembled for public worship (as the case may require") Giv- 
 en, clc. 
 
 — o+e— 
 
 Form of the Lfurnudion. 
 County of — — -ss. 
 
 BE it remembered, thai on the day of J S of 
 
 in thesaidcounty, gentleman, informs and makes oath 
 
 before me, J P Esquire, one. of the justices of the peace, in 
 
 and for the said county, that on the day of « now 
 
 last past, [being the LouPsdety, commonly called Sunday , if it 
 
 be for breach of Sabbath] at (be town of ih the said 
 
 county, he, the said J S saw O Oof expose tosale one 
 
 [or two. or more, specifying the number^ quality and kind of 
 goods :] or travelling, or, doing servile work ; or, hunting : 
 or, heard him swear one [or more] profane oath : 4>r, utter 
 IT 
 
230 
 
 WARRANTS, &c. 
 
 one [or more] profane curse, in these words, to wit ; [here set 
 forth the words of the oath] or, saw him drunk, [as the case 
 may be.] 
 
 Summons thereon. 
 
 County of ss. To any constable of &c. 
 
 WHEREAS information upon oath has this day been 
 made before me, J P. esq. one of the justices of the peace 
 
 ill and for the said county, by J S of ■ that on the 
 
 day of -[being the Lord's day, commonly called Sunday, 
 
 if it be for breach of Sabbath] he saw [or heard] O of 
 
 expose to sale, one &c. [or, swear one profane oath, &c. here 
 set forth the offence as it is in the information ;] These are 
 therefore to command you to cause the said O O forthwith to 
 appear before me, to answer the premises, and to be further 
 dealt with according to law. Given under my hand and 
 seal at i the day of 
 
 — 040— 
 
 Warrant for penalty. 
 
 County of— ss. 
 
 WHEREAS 0, of in the said county, is duly 
 
 convicted before me, J P, Esq.*one of the justices of the 
 peace in and for the said county, of travelling on a Sunday, 
 contrary to the statute in that case made and provided, 
 whereby he has forfeited to the use of the poor of the said 
 town, the sum of seventy-five cents. These are therefore 
 to command you forthwith to levy the said seventy-five 
 
 cents. And also which I have settJed and ascertained 
 
 as, and for the charges of the proceedings against him, 
 touching his said offence, by distress and sale of the goods 
 and chattels of the said O O, and to pay the said forfeiture 
 to the overseers of the poor of the said town, for the use of 
 the poor thereof. And you are to certify to me, with the 
 return of this precept, what you shall have done in the ex- 
 ecution thereof. Given under my hand and seal, at — in 
 the said county, the — day of 
 
INNS. 
 
 231 
 
 Appointment of a town officer by three justices. 
 
 County of ss. 
 
 WE, J P, E P, and S P, Esquires, three of the justices of 
 the peace in and for the said county, residing in [or, near, or 
 
 the said E J and F J, residing iri] the town * of in the 
 
 said county, [and the said S J residing near the said town, as 
 the case maybe] do hereby nominate and appoint A S, being 
 a freeholder and inhabitant! of the said townof to be su- 
 pervisor [or, as the casemay be] for the same town, according 
 to the direction of the statute in that Cfise made and provid- 
 ed. Given under our hands and seals the « day of 
 
 * If the appointment is in a city, say, residing i?i the city of, &c. 
 
 f If a constable for the city of Albany, say, being an inhabitant of 
 said city. But neither the word freeholders or inhabitants is mention- 
 ed in the statute as qualifications of any of the town officers of the 
 eity of ' .udson. 
 
 INNS. 
 
 Oath to be taken by commissioners before the granting of any 
 licence*, 
 
 I, one of the commissioners of excise for the town of 
 
 ■ in the county of do solemnly swear, in the pres- 
 ence of Almighty God, that I will not on any account or 
 pretence whatsoever, grant any license to any person with- 
 in the said town of for the purpose of keeping an inn 
 
 or tavern, except where it shall appear to me to be abso- 
 lutely necessary for the benefit of travellers: and that I 
 will in all things, while acting as a commissioner of excise, 
 do my duty according to the best of my judgment and abili- 
 ty, without fear, favor, or partiality, agreeable to law. 
 
 Indorsed on the back thus : 
 
 I, one of thejustices of the peace for the county of 
 
 * within mentioned, do certify that, on this day of 
 
 — A B,&c. within named, took and subscribed before 
 me the within written oath. 
 
232 
 
 INNS. 
 
 Form of a permit for an Inn. 
 
 To all persons to whom these presents shall come or may 
 concern. 
 
 It appearing to us whose names and seals are hereunto af- 
 fixed, commissioners of excise for the town in the 
 
 county of that A B of the said town is a person of good 
 
 character, and that an inn or tavern at the house in which 
 the said A B now resides in the said town is necessary for 
 the accommodation of travellers, and the said A B having 
 applied to us for a licence to reLiil strong liquors, at such 
 place, we de, therefore, in pursuance ol the authority given 
 lo us by the act for laying a duty on strong liquors, and for 
 regulating inns ami taverns, license the said A B (o keep 
 an inn or tavern and to retail strougor spirituous liquors un- 
 der five gallons, as auitm keeper, at his dwelling house a- 
 
 foresaid, and not elsewhere in the said town of until 
 
 the first Tuesday of A May next and no longer. Given un- 
 der our hands and seals this day of 
 
 Recognisance by the Innkeeper. 
 County of ss. 
 
 BE it rememhered, that on the day of in the 
 
 year of our Lord — LL of in the county aforesaid, 
 
 innkeeper, personally came before me, J P Esq. justice of 
 the peace for the said counly [or if in a city , mayor, cr in 
 his sickness or absence, recorder of the said city] and ac- 
 knowledged himself to owe to the people of the state of New 
 York the sum of one hundred and twenty five dollars, to 
 be made and levied of his goods and chattels, lands and 
 • enements, to the use of the said people, if default shall be 
 made in the condition undti written. 
 
 Whereas the above boundeu, L L is licensed to keep an 
 
 inn or tavern from the present day of — until the 
 
 first Tuesday of May next, in the house where he now 
 dwells at aforesaid. Now the condition cf this recogni- 
 zance is such, that if the said L L shall not, during the time he 
 shall keep an inn or tavern, keep a disorderly inn or tavern,or 
 suffer or permit any cock-fighting, gaming, or play ing with 
 cards or dice, or keep any billiard table,or other gaming table, 
 or shufiie board, within the inn or tavern by him to e ke >(, 
 or within any outhouse, yard or garden belonging there- 
 
INNS. 
 
 23S 
 
 unto ; then this recognizance shall be void, or otherwise 
 remain in fail force and effect. 
 
 Taken and acknowledged the day and year above writ- 
 ten, before me, J P- 
 
 Conviction against an Innkeeper. 
 City of New-York (or County,) ss. 
 
 BE IT REMEMBERED, that og the day of 
 
 in the year of our Lord one thousand eight hundred and 
 
 A B of the city of New-York, (or of Bedford in the county of 
 Westchester, or other city or town, or county, as the case tnay 
 require) merchant (or fanner, or other addition, as the case 
 may require) (and adding) being an inn-holder or tavern keep- 
 er,^ the case be so) is this day convicted before C D mayor 
 (or recorder, or one of the aldermen, as the case may require) 
 of the said city, (or one of the justices of the peace of the said 
 
 county, as the case may require,) of having on the day 
 
 of last, (or instant) at — in the said city, (or county\ 
 
 sold by retail one quart (or other quantity) of rum, (or other) 
 spirituous liquors,) without having such permit, or to be 
 drank in his (or her) house or out house, yard or garden* 
 without having entered into such recognizance as is men- 
 tioned in the act, entitled " an act to lay a duty on strong 
 liquors, and for regulating inns and taverns," or, of not 
 having in bis (or her) house, two spare beds for guests, with 
 good and sufficient sheeting and cov ering for such beds res* 
 pectively, for the accommodation of travellers ; (or) of not 
 having good and sufficient stabling and provender, of hay 
 and grain, if in winter, and if in summer, of hay or pastur- 
 age for four horses, or other cattle, more than his or their own 
 stock, for the accommodation of travellers, according to the 
 form of the act, entitled, " an act to lay a duty on strong li- 
 quors, andfor regulating inns and taverns,'* (or) of having 
 
 on the day of last, (or instant) at — in the said 
 
 city (or county) sold one gill (or other quantity) of rum (or 
 
 oilier strong liquor) to an apprentice (or servant, or 
 
 slave) of knowing or having reason to suspect or be- 
 lieve him or her to be such, without the consent of his or 
 her master, (or jnistress) against the form of the act, entitled 
 " an act to lay a duty on strong liquors, and for regulating 
 inn3 and taverns," (or) of having for the space of one 
 month (or two or more months) neglected to put up and keep 
 U2 
 
 I 
 
234 
 
 INNS. 
 
 such signup, a3 is required by the act, entitled < ; an act to 
 lay a duty on strong liquors, and for regulating inns and tav- 
 erns. Given under my hand the day and year first above 
 written. 
 
 Resolution of Commissioners. 
 
 At a meeting of the Commissioners ofexcise for the town 
 
 of in the county of on the day of — 
 
 Present, A B, Supervisor of the said town, and 
 CD,) Justices of the peace, resident 
 E F, \ in the said town. 
 G H of the said town applies to us for a license to keep 
 an inn or tavern, and to retail liquors under five gallons as 
 * an inn-keeper, at his dwelling house in the said town, and 
 we the commissioners aforesaid, having satisfactory evi- 
 dence that the said G H is of good moral character, and of 
 sufficient abilities to keep an inn or tavern, and that he has 
 accommodations to entertain travellers, and that an inn or 
 tavern is absolutely necessary at the dwelling house afore- 
 said, of the said G H,for the actual accommodation of trav- 
 ellers as aforesaid : It is therefore ordered that a licence be 
 granted to the saidG H, according to his said application. 
 
 A B, 
 CD, 
 E F, 
 
 N. B. Tlu resolution signed by he commissioners must be 
 filed in the town Clerk's office within twenty days : the com- 
 missioner's oath within ten days. The Recognisance is to be 
 filed with the County CUrk. 
 
 License to retail Liquors, 
 BE it known, that we. the commissioners ofexcise for 
 
 the town of in the county of have licensed and 
 
 permitted, and in pursuance of the statute in such case made 
 and provided, do hereby license and permit M M of the 
 said town, merchant, to sell by retail, any strong orspirit- 
 ous liquors under five gallons, {provided the same be net drank 
 in any house, yard or garden of the said M M.) from the date 
 hereof until the first Tuesday in May next. Given under 
 our hands and seals, this day of-— 
 
 $ 
 
JUSTICES' COURT. 
 
 A Summons. 
 
 > To any Constable of the said county, 
 County, 5 ' Greeting : — 
 
 IN the name of the people of the state of New- York, you 
 
 are hereby commanded to summon (if shall be 
 
 found within your bailiwick) to be and appear before me at 
 
 — in the town of — in the said county on the 
 
 day of at of the clock in the noon of 
 
 the said day, to answer the complaint of — in a plea of 
 — - to damage, oitwenty-five dollars or under. Here- 
 of fail not, and have you then and there this precept. Giv- 
 en under my hand the ■ day of in the year 
 
 O. P. Justice of the Peace. 
 
 A Warrant. 
 
 - } ( To any constable ofthe said county, Greet- 
 County, J SS ' ing : — 
 
 IN the name ofthe people ofthe state of New-York, you 
 
 are hereby commanded to take the body of (rf 
 
 shall be found within your bailiwick) and — ! — bring forth- 
 with before me, to answer u«to of a plea of ■ to 
 
 damage Twenty jive dollars or under; and you are 
 
 also to give due notice thereof to the said ■ Hereof 
 fail not at your peril. Given under my hand and seal, the 
 
 day of in the year R. S. Justice ofthe 
 
 Peace. 
 
 PU a of title in an action of trespass for breaking plaintiff's 
 close and cutting timber, &c. 
 
 C D,J And the said C D in his own person, comes 
 ads. \ and says, that the said A B ought not to have or 
 A B. ) maintain his action aforesaid thereof against him 
 because he says, that the close aforesaid, in which the tres- 
 pass aforesaid is supposed to have been committed, with the 
 appertenances, is, and at the said time when the said tres- 
 
236 
 
 JUSTICES 5 COURT. 
 
 pass is above supposed to have been committed, was the 
 soil and freehold of him the said C D, wherefore the said 
 C D, in his own right, at the said time when 8<c. a3 the 
 close and soil and freehold of t he said C D broke and en- 
 tered, and the trees aforesaid, in the declaration aforesaid 
 above specified, in the said close then growing, cut down, 
 took and carried away as he lawfully might : And this he 
 is ready to verify ; wherefore he prays judgment, if the 
 said court here will or ought to have further cognizance of 
 the said plea against him the said C D, &c. C D. 
 
 It is required that the above plea should be reduced to 
 writing and signed by the defendant in presence of the jus- 
 lice, and being countersigned by thejustice, is to be deliv- 
 ered to the plaintiff. But before such plea can be received 
 by the justice, the defendant, with one sufficient surety, 
 must enter into a recognizance as follows: 
 
 Form of a recognizance to be entered into on tendering a plea 
 
 of title, before 4 Justice of the peace. 
 
 Dutchess County, ss. 
 
 BE it remembered, that on the day of in the 
 
 year of our Lord C D of &c. and N P of &c. personal- 
 ly came before me, E H one of t he justices of the peace in 
 and for the said county of Dutchess, and acknowledged 
 themselves to owe to A B the sum of fifty dollars, of lawful 
 money of &c. to be made and levied of their respective 
 goods and chattels, lands and tenements, or of the goods 
 and chattels, lands and tenements of either of them, to the 
 use of the said A B if default shall be made in the condi- 
 tion following : 
 
 Whereas the above named A B hath commenced an ac- 
 tion before me, the said justice against the above bounden 
 C D for the recovery of damages for a certain trespass, by 
 the said A B alledged to have been committed, by the 
 said C D on the — day of — in a certain close of him 
 the said A B situate in &c. by cutting down, taking and car- 
 rying away the trees &c of him the said A B there lately 
 growing ; And whereas the said C D in his own person, 
 now herein court before me the said Justice, by his plea in 
 writing, signed by him the said jb D in my presence doth 
 justify the said trespass by alledging that the said close ta 
 
JUSTICES' COURT. 
 
 237 
 
 which the trespass aforesaid is supposed to have been com- 
 mitted, is, and at the said time when the same is supposed 
 to have been committed, was the soil and freehold of him 
 the said C D. Now therefore, according to the form of the 
 act in such case made and provided, the condition of this 
 recognizance is such, that if the said A B shall commence 
 a suit against the said C D before the next court of common 
 
 pleas, to be holden at in and for the said county of — 
 
 for the recovery of damages for the trespass aforesaid, that 
 then and in such case, if the said C D shall appear and put 
 in special bail in the said court within twenty days after 
 the first day of the said next term of the said Court, then 
 this recogizance to be void otherwise to be and remain in 
 full force and virtue. 
 
 Taken and acknowledged before me the day and year 
 first above written. EH, Justice of thePeace. 
 
 A Venire for a Jury before a Justice of the Peace. 
 
 ) The people of the state of New- York, To anj 
 County, $ " Constable of the said county, Greeting : 
 
 We command you to summon good and lawful men, 
 
 being freeholders of the town of in said county, to be 
 
 and appear before the undersigned, one of the justices of 
 
 the peace in and for the said county, on the — day 
 
 of at — — — o'clock in the — noon, at the house of 
 
 — — in the said town, to make a jury for the trial of an ac- 
 tion of — between — plaintiff and defendant and 
 
 who are in no wise of kin to either party, nor interested in 
 the present suit depending between them ; — And have you 
 then and there a panel of the juror's names and this pre- 
 cept. Hereof fail not. Given under my hand and seal the 
 — day of S T, Justice of the Peace. 
 
 A Subpxna. 
 
 TO . In the name of the people of the state of New- 
 York, you are hereby commanded anil required to appear 
 
 before at in the town of on the 
 
 day of — at o'clock in the noon of the same 
 
 day, to give evidence in a cause then and there to be tried, 
 
 between plaintiff, and ■ defendant, on the part of 
 
 the . Hereof fail not at your peril. Given under my 
 
 hand, this — — day of in the year 
 
 O P, Justice of the Peace. 
 
233 
 
 JUSTICES' COURT. 
 
 An Execution. 
 
 > The People of the state of New-York, To any 
 County, $ * constable of the said county, Greeting : 
 
 Whereas judgment against — for the sum of law- 
 ful money of the state of New- York, of and . costs 
 
 of suit, was had the day of : before me at the suit 
 
 of — — . These are therefore in the name of the people of 
 the state of New- York, to command you to levy distress on 
 the goods and chattels of the said (arms and accoutre- 
 ments excepted — Also, all sheep to Ihe number of twenty, 
 one cow two swine, and all necessary wearing apparel and 
 bedding, belonging to any person who is a householder,) and 
 make sale thereof, according to the law in such case made 
 and provided, to the amount of the said sum, together with 
 nineteen cents for this execution, and the same return to 
 me within thirty days to be rendered to the said — for 
 
 said ■ and costs : A.nd for the want of such goods 
 
 and chattels whereon to levy, take the body of the said 
 
 and convey and deliver unto the keeper of the com- 
 mon gaoi of said county, who is hereby commanded to re- 
 ceive and keep the said in his safe custody in the said 
 
 gaol, until the aforesaid sums aud all legal expenses be 
 paid and satisfied, or until he be delivered thence by due 
 course of law. Hereof fail not under penalty which may 
 
 ensue. Given under my hand and sea', ihe day of 
 
 ■ R S, Justice of the Peace. 
 
 Advertisement of sale by the constable on execution. 
 
 BY virtue of an execution to me delivered against J K, 
 I have seized and taken [here describe the articles] which 
 said goods and chattels I shall expose to sale at public ven- 
 due, on — at o'clock, in the — noon of said day, 
 
 at — in the town of . Dated this day of — 
 
 Security to be given ivhen Plaintiff is a nan-resident and de- 
 mands a warrant. 
 R S, being a non-resident of the county of D, and hav- 
 ing demanded a warrant from O S, Esq. one of the justices 
 of the peace in and for the said county, against P R in a 
 plea of +3 — now therefore, I, G H, do hereby become ee- 
 
JUSTICES* COURT. 
 
 239 
 
 curity for the said R S in the plea aforesaid, according to the 
 act " for the recovery of debts to the value of twenty-five 
 dollars" for the payment of any sum which may be adjudg- 
 ed against the said R S, in the plea aforesaid, hereby en- 
 gaging to pay the said sum to P R. Dated the dav 
 
 of G H. 
 
 Taken, signed and acknowledged the day > 
 of the date hereof, before me OS. I 
 
 Security to be given when defendant is brought up on a warrant, 
 and applies for a postponement. 
 
 X \ U . T do "ereby become security to C D, Esq. one of 
 the justices of the peace in and for the county of D, that. 
 
 U H will appear before (he said justice, on the- day of 
 
 "V — at • — Z °' c,ock in the noon at in the town 
 
 ot in the said county, at the suit of O P, in a plea of 
 
 •— and answer the said action, and that he will pay the 
 debt and damages and costs [or damages and costs] adjudg- 
 ed in the said plea, or will render himself in execution in 
 case judgment shall be given against him the said G H. 
 Dated this day of U T. 
 
 Taken, signed and acknowledged the day > 
 of the date hereof, before me, C D. \ 
 
 Bond required before attachment issues. 
 
 KNOW all men by these presents, that we X Y and P Q 
 of he town of in the county of W, are held and firm- 
 y bound to E F, in the penal sumof twenty-five dollars, of 
 
 ^^17 ° f lhe State of N ™-York, to be paid to the 
 said b * , his executors, administrators, and assigns.— To 
 which payment well and truly to be made, we bind our- 
 selves, our heirs, executors, and administrators, jointly and 
 
 I^?Zi ?u™ ly by these l> res ™ts- Sealed with our seals, 
 and dated this — day of 
 
 H. ^1^? u? D ,° f . the fore g° in g obligation is such, that if 
 the said X Y his heirs, executors and administrators, shall 
 
 U ' y Pay ,, the Said E F ' hi9 executors, administra- 
 tors and assigns, all such damages and costs, which he the 
 said * may sustain by reason of k certain attachment be- 
 ing issued, against the goods and chattels of the said E F, 
 
240 
 
 JUSTICES' COURT. 
 
 by A B, Esq. one of the justices of the peace, in and for the 
 county of in favor of the said X Y, under the twenty- 
 third section of the Act, " for the recovery of debts, to the 
 value of twenty-five dollars," in case no judgment shall be 
 recovered against the said E F, on such attachment, then 
 the foregoing obligation to be void, else to be in full force 
 and virtue. 
 
 Sealed and delivered ) X Y, (l. s.) 
 
 in presence of £ P Q. (i 4 . s. 
 
 A B, 
 
 Attachment against an absent or absconding dchicr. 
 
 By A B, Esq. one of the Justices of the peace, in and for 
 d\e county, [or city and county] of W. 
 
 Any constable of the snid county [or city and county,] is 
 hereby commanded in the name of the people of the state 
 <if New-York, to attach the goods and chattels of E F, (ex- 
 ccpt such goods and chattels as are exempt from Execution) and 
 the same safely keep, to satisfy such judgment as may be 
 rendered by me, against the said E F in favor of X Y, on 
 an application made by the said X Y, before me, under the 
 twenty third section of the act" for the recovery of debts to 
 the value of twenty-five dollars," and the said constable is 
 commanded to return to me this precept, at, &c. on, &c at 
 
 o'clock, &c. [let the return day be more than 6, and less 
 
 than 12 days from the date,] and also to leave a copy of this 
 Attachment at the dwelling house or other last place of a- 
 
 bode of the said E F. Given under my hand, at in 
 
 the said county, this day of A B. 
 
 "Bond to be given to the Plaintiff' on the Attachment, to prevent 
 the goods, &c. being removed. 
 
 KNOW all men, &c. — {See preceding bond for the form 
 of penalty, only make the sum 50 dollars instead of 25 dollars, 
 and let tlie plaintiff be the Obligee.) 
 
 The condition of the foregoing obligation is such, that if 
 certain goods and chattels this day seized on attachment a- 
 gainst E F, to wit : — (here insert the goods and chattels in de- 
 tail,) shall be produced to satisfy any execution against the 
 
JUSTICES' COURT. 
 
 goods and chattels of the said E F, which may be issued 
 by A B, Esq. one of the justices of the peace in and for the 
 county of W, on a judgment to be recovered against the said 
 E F in favor of X Y on an application heretofore made to 
 the said justice by the said X Y for an attachment againBt 
 the goods and chattels of the said E F under and in virtue 
 of the twenty-third section of the act, "for the recovery of 
 debts, to the value of twenty-five dollars," and on which at- 
 tachment the said goods and chattels, were taken according 
 to law, then the foregoing obligation to be void otherwise 
 to remain in full force and virtue. 
 Signed, as before. 
 
 Juror's oaih. 
 
 You do swear in the presence of Almighty God, that you 
 will well and truly try the matter in difference between AB 
 plairrtinV&nd'C 6 defendant, and a true verdict will give 
 
 according to evidence. 
 
 QMh {or affirmation) of a witness to give evidence. 
 
 You do swear in the presence of Almighty God (or, do 
 solemnly, sincerely and truly declare and affirm) that the evi- 
 dence you shall give in this matter in difference between 
 A B plaintiff, and C D defendant, shall be the truth, the 
 whole truth and nothing but the truth. 
 
 Special form of an oath used by some denominations of Chris- 
 tians, with the uplifted hand. 
 
 You do swear by the Ever-Iiviag God, that the evidence 
 you shall give, &c. as before. 
 
 Oath (cr affirmation) cf a witness or juryman on his voirt 
 
 DIRE. 
 
 You do swear in the presence of Almighty God, (or 
 " solemnly, £c. affirm") that you will true answers m; ke, 
 to such questions as may be put to you, touching the chal- 
 lenge iiow exhibited, against you, [or, "touching your in- 
 terest in the present suit?' &cJ] 
 W 
 
242 
 
 JUSTICES' COURT. 
 
 Constable's oath. 
 You do swear in the presence of Almighty God, that you 
 will, to the utmost of your ability, keep every person swora 
 on this inquest, together in some private and convenient 
 place, without meat or drink, except wafer ; you w ill not 
 suffer any person to speak to them, nor speak to them 
 yourself, unless by order of the Justice, unless it be to ask 
 them whether they have agreed on their verdict, until 
 they have agreed on their verdict. 
 
 Form of the Indorsement to be made by a Justice on the Exeat- 
 tion, when the party is entitled to exemption from imprison* 
 ment. 
 
 Dutchess County, ss. I, E H, the justice within men- 
 tioned do hereby certify according to the form of the act in 
 such case made and provided, that the within named C D 
 at the trial before me on w hich the within mentioned judg- 
 ment was rendered, did prove to my satisfaction, that he 
 then was not a freeholder and had a family within this state, 
 
 E H, Justiceof the Peace. 
 
 Form of a justice's order on the county treasurer for compen- 
 sation to a Constable for apprehending a felon. 
 
 Dutchess County, ss. To W E, Treasurer of said county. 
 
 WHEREAS J W, one of the constables of the town of 
 A in said county, hath this day applied to me, D H, one of 
 the justices Sec. for a warrant on the Treasurer of said 
 county directing him to pay the said constable for his rea- 
 sonable expenses and trouble, in apprehending and convey- 
 ing P S, a felon, to the common gaol in said county, upon a 
 warrant of commitment issued by A B, he not having 
 goods or money w ithin said county to defray the same ; and 
 whereas upon examination on oath, in the premises, I find 
 the reasonable allowance to be made unto the said consta- 
 ble is dollars. I do therefore hereby order you the 
 
 said treasurer to pay the said sum of dollars to said 
 
 constable out of such monies as you shall have in your 
 hands unappropriated. Given under my hand and seal 
 tflis — *r- Uay of — 
 
 E H, Justice of the Peace. , 
 
FEES. 
 
 Justice's Fees under the f< Act to prevent Forcible Entries and 
 Detainers" <$cc. &c. 
 
 For a precept to summon a jury, to enquire of a forcible 
 entry or detainer, thirty-seven and an half cents. 
 
 Administering an oath, twelve and an half cents. 
 
 Swearing a jury to enquire of a forcible entry or detainer 
 twenty-five cents. 
 
 A precept to summon a jury to try a traverse of the force, 
 thirty-seven and an half cents. 
 
 Swearing a jury to try the traverse, twenty-five cents. 
 
 For drawing a conviction of a forcible entry or detainer, 
 one dollar. 
 
 A warrant of restitution, thirty-seven and an half cents. 
 A mittimus for a fine or forfeiture, nineteen cents. 
 A warrant against any person for a breach of the peace, 
 or a misdemeanor, nineteen cents. 
 
 A bond or recognizance, twenty five cents. 
 A summons upon a penal law, twelve and an half cents. 
 Drawing a conviction, thirty-seven and an half cents. 
 A Warrant to levy a penalty, nineteen cents. 
 
 The Constable^ Fees. 
 
 For serving a warrant, nineteen cents. 
 
 Serving a summons, twelve and an half cents. 
 
 Serving a warrant of distress for rent, one dollar and fifty 
 cents; making an inventory on such distress, and draff of 
 notice, and as many copies as may be necessary, one dol- 
 lar : travelling fees, per mile, six cents; fees for levying 
 and seiling, for each dollar, two cents, or levying onty, I for 
 each dollar, one cent : provided that this shail not extend 
 to the city of New York. 
 
 Milage for every mile, going only, eight cents. 
 
244 
 
 FEES. 
 
 Levying a fine or penalty, to the amount of two dollars 
 and fifty cents or under, twelve and an half cents, and on 
 all sums above two dollars and fifty cents, at the rate of 
 twelve and an half cents on every two dollars and fifty 
 cents. 
 
 Taking a defendant into custody on a mittimus, twelve 
 and an half cents. 
 
 Conveying a person to gaol, twelve and an half cents, if 
 within one mile, and for every mile more, going only, six 
 cents. 
 
 The Coroner's Fees, 
 
 For the view of each body, taking and returning the In- 
 quisition, ten dollars. 
 
 Drawing every subpoena or warrant, twenty-five cents* 
 
 Drawing every summons for jury, thirty-seven and an 
 half cents. 
 
 Swearing every witness, six cents. 
 
 Taking every recognizance, twenty-five cents, and each 
 Coroner shall moreover be allowed all reasonable and ne- 
 cessary expenses, incurred by him for removing any dead 
 body to the place for taking such inquest, and for the use of 
 any house or building in which the same shall be taken. 
 
 For serving writs in all cases, the like fees as are herein 
 before allowed to the Sheriff for the like services ; and the 
 fees of the Coroner, for taking inquests in each county, 
 shali be certified by at least two of the Supervisors and 
 paid by the Treasurer of the county, and in the city of New- 
 York, the same shall be paid in the same manner as the 
 other contingent charges in the said city are directed to be 
 pai<f. 
 
NEW GEOGRAPHY. 
 
 lust published and for sale at Potter's Bookstore, Poughkeepsie,^. 
 V.J and at all the principal Bookstores in the United States, 
 
 AN EASY GRAMMAR OF GEOGRAPHY. 
 
 Accompanied with an Atlas of seven Maps* 
 
 By JACOB 1VILLETTS. 
 
 The Geography and Atlas sell at the very moderate price of Seven 
 Dollars and Fifty Cents the Dozen, and retail at Seventy five Cents, 
 
 RECOMMENDATIONS OF THE WORK. 
 
 The Rev. John Reed, A. M. Rector of Christ's Church, in the 
 "village of Poughkeepsie, has favored us with his opinion as follows — 
 u 1 have examined Mr. Willetts* "Easy Grammar of Geog- 
 raphy," together with the Maps accompanying it, and think it de- 
 cidedly the hest compendium of Geography for common schools yet 
 presented to the public" • 
 
 The Rev Cornelius C. Cuyler, A. M. Pastor of the Reform- 
 ed Dutch Church, in Poughkeepsie, has politely furnished us with 
 the following recommendation 
 
 Poughkeepsie, 2d June, 1814. 
 
 Dear Sir, 
 
 I have given your edition of Mr. Willets' " Easy Grammar 
 of Geography, for the use of Schools," together with the small 
 Atlas accompanying it, as careful a perusal hs time ami other avoca- 
 tions would permit, and feel a pleasure in informing you, that it ap- 
 pears to be well calculated to facilitnte to the young student, the ac- 
 quisition of Geog> ;*piiical knowledge — I should therefore feel pleased 
 to see it introduced into our schools. One of its principal excellen- 
 cies is, that it will necessarily oblige the stu lent to exercise other 
 faculties besides his memory. 
 
 I remain yours, &c. 
 
 CuRNELIUS C. CUYLER. 
 
 David Brooks, Esq. well known to the public as having filled for 
 mnn\ years the office of first judge of Dutchess county, and who 
 has at different times been a member of the legislature of this 
 state and ot the United States, has obligingly favored us with his 
 opinion, as follows :— 
 
 Mr. Potter — I have examined a small Tract, entitled " Jin Easy 
 Grammar of Geography, for the use of Schools,' 1 &c. with an Atlas 
 of seven Maps, con.piLd by Jacol> Willetts, and published bj y :u ; 
 and an fully of opinion that it will be a very iweful elementary book 
 
RECOMMENDATIONS. 
 
 for beginners in Geography. The Maps, although upon a small 
 scale, appear very accurate, and the lines distinctly marked. They 
 affor i a more correct idea of the relative situation of places, than 
 those on a more exte: led scr.le ; and being bound separate from the 
 book, will be more durable and easy of inspection. I have no hes^ 
 itation in recommending this book us a very useful Compend ; and 
 the moder te price at w hich it is afforded, puts it in the power of ev- 
 ery scholar to procure it 
 
 Wishing an extensive circulation to this useful little treatise, I re- 
 main, sir, \our most obedient servant — D. BROOKS. 
 
 Poughkeepsie, June 1st, 1814. 
 
 Mr. Daniel H Barnes, A. M. Principal of Dutchess County 
 Academy, whose reputation as a public Teacher of Youth, stands 
 as high as that of any man in the state, has politely communicated 
 to us his opinion, in the following note — 
 
 Poughkeepsie, 2d June, 1814. 
 
 Mr. Potter, 
 
 1 have received a copy of your u Easy Grammar of Geogra- 
 phy^ and in answer to the request therewith communicated, I am 
 happy to inform you, that the book, as to its plan and arrangement, 
 meets my entire approbation. The method of placing the exerci- 
 ses immediate! , after each principal division of the globe, and mak- 
 ing them to include all the important facts previously laid down, ap- 
 pears to be admirably calculated to facilitate the rapid and correct 
 progress of the students. The propriety of closing with astronomy 
 is obvious. The maps are neatly executed, and being bound sepa- 
 rately from the book, will be highly useful and convenient. I do 
 not hesitate to say, that in my estimation, this compendium of Geog- 
 raphy, is preferable as a first book, to any which I have seen. I shall 
 adopt it immediately in my department, and recommend it to the 
 associated masters in this institution. Yours respectfully, 
 
 D. H. BARNES* 
 
 Mr. Abiel G. Thompson, who has been known in Dutchess 
 county for many years, as a teacher of the first standing, and who 
 is now one of the instructors in Dutchess county Academy, has 
 favored us with his opinion as follows : 
 
 Mr. EOTTBB) 
 
 I have examined Mr. Willetts' "Easy Grammar of Geog- 
 Raphy." It is in my opinion, a work better calculated for the use 
 of schools than any book of the kind with w hich I am acquainted. 
 It contjuns all that is necessary to be c mmitted to memory in the 
 study of Geography, and a great variety of questions, which the 
 pupil may answer by examining the Maps. 
 
 The Atlas which accompanies the book, contains a number of 
 Maps, sufficient to give a general idea of geography, tnd is a very 
 useful appendage to the work. Yours, &c. 
 
 A BILL G. THOMPSON. 
 
■ 
 
 RECOMMENDATIONS. 
 
 The folltrwing letter is from the author of the Gazetteer of the 
 State of J\ r eiv-Fork. 
 
 Albany, fth Mo. 4, 1814. 
 
 Esteemed Friend, 
 
 I have examined thy " Easy Grammar or Geography" 
 and the 'Atlas,' with some care. For an elementary book, in eom- 
 mon schools, the plan meets my entire approbation ; and so far as 
 I have been able to observe, il is very -well executed. Being a 
 cheap and useful book, it ought to, and probably will, find its way 
 into eve.-y school in the state. I had been long since solicited, by 
 several persons employed in the instruction of youth, to write a 
 work of this kind, on the same plan, and am very happy to see that 
 my prospective labor mny be dispensed with. Wishing thee very 
 great success in th) literary enterprise, I remain thv friend, 
 HORATIO GATES SPAFFORD. 
 
 Paraclete Potter. 
 
 Mr. Andrew Beers, from whom the following note has been re- 
 ceived, is now engaged in the arduous .»nd important undertaking 
 of writing a Gazetteer of his native state, Connecticut, similar in 
 plan to Spafford's. 
 
 Dakbury, 14th July, 1814. 
 
 Mr. Potter, 
 
 SIR — I have thoroughly examined Mr.WiHetts' "Easy Grammar 
 4>f Geography" with the accompanying Atlas, published by you ; 
 and I might with much propriety (if needful) enter into the particu- 
 lars of its high merits and great utility : but suffice it to say, that I 
 have been an old teacher, in the usual mode of Geography and As- 
 tronomy, and I am now constrained to say, that I regret the many 
 days, months, and I may even say years, I have spent in teaching 
 according to the usual Books, only for the want of just such a oue 
 as you have hit upon. For young pupils it certainly exceeds any 
 thing of the kind I ever saw. To study Geography and Astronomy 
 without Maps, Figures, &c. is as absurd as to teach a child to call 
 over the Alphabet without seeing the shape of the letters. The 
 convenience of having the Atlas by itself is obvious, as it must be con- 
 stantly used in search for an answer to every question, which I read- 
 *.ly conceive will be a kind of pleasing labour to the scholar, and soon 
 make him a proficient in Geography. Yours &c. 
 
 ANDREW BEERS. 
 
 Mr. R. O. K. Bennett, from whom the following letter has been 
 received, is a teacher of the first standing and respectability, who 
 has for many years be'en employed in the city of Albany. 
 
 Albany, June 24, 1814. 
 Dear Sir — Your " Easy Grammar of Geography , n and accompa- 
 nying Atlas, have been duly received. As an elementary book, it is 
 justly entitled to a preference to any I have seen on the subject It 
 supplies what has long been wanting m common schools and acade- 
 mies, and what I have frequently heard called for— an easy epitome 
 »f Geography, at a moderate price, and on a plan calculated to ex- 
 
RECOMMENDATIONS. 
 
 excise the ingenuity, as well as the memory of pupils. Thoroughly 
 convinced of its utility, I shall lose no time in introducing it into 
 my school ; and shall be much rejoiced to find it soon in general 
 use. The astonishing and truly gratifying changes which have taken 
 place iu the political aspect of Europe, will render it necessary for 
 the compiler to make in a second edition (which I hope a discerning 
 public will soon call for) some trifling alterations. Wishing you all 
 the suecess to which the merits of this hook justly entitle you, I re- 
 main, Your obliged humhle servant, 
 
 R. O. K. BENNETT. 
 
 Mr. V. Potter. 
 
 Mr. John Griscom, a Teacher of the first respectability iuthe city of 
 New-York, has favored us with the following note. 
 
 1 have examined an " Easy Grammar of Geography'' prepared 
 by Jacob Willetts, and do not hesitate to say, that the author, in my 
 opinion, has fully attained the object he had in view ; viz. to improve 
 the popular little work of Goldsmith, and especially to adapt it more 
 completely to the youth of this country. Thus improved, [ consid- 
 er it as one of the best Geographical compends for the use of Amer- 
 ican Schools, which has yet been published. 
 
 JNO. GRISCOM. 
 
 New York, 7 mo. 9th, 1814. 
 
 ■ o:zzz ::zzz: c» 
 ALSO, 
 
 Just published by P. Potter, and for sale at his Bookstore 
 in Poughkeepsie, and at the principal Bookstores in the 
 United State3, 
 
 The Scholar's Arithmetic, 
 
 For the use of schools in the United States : — By Jacob 
 Willetts, author of "An Easy Grammar of Geography "cix.&c. 
 
 Extract from the Compilers Preface. 
 After stating that some improvement has been attempted in ar- 
 ranging his work, and simplifying the Rules, the Compiler says. 
 
 u But the improvement upon which the compiler places his principal reli- 
 ance, as giving his work a decided superiority over any other work of the 
 kind, is the questions which he has introduced on the different rules. 1 hese 
 questions, if properly used, cannot fail to be of important service in giving 
 the learner a perfect understanding of Arithmetic. Indeed it is be- 
 lieved that no method hitherto devised, is so effectual for making the schol- 
 ar thoroughly master of his Studies, as that of requiring him to answer 
 questions, embracing ad the important particulars of what he has been learn- 
 ing. Experience has proved the utility of this met'.od ij the study of Geog- 
 raphy, and the compiler of the following work, is sanguine in the belief, 
 that it will not only be found equally useful in conducting learners to a 
 knowledge of Arithmetic, but that it may be advantageously introduced in- 
 to most other studies."