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 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 *V
 
 GRAY DON'S FORMS^ 
 
 OF 
 
 C N V E Y A N C I N U, 
 
 AND or 
 
 VARIOUS COURTS AND PUBLIC OFFICES, 
 
 IN TWO VOLIMF.S, 
 
 IBZPB.OVSD 
 
 BY THE ADDITION OF 
 
 AN APPENDIX, 
 
 Containing x number of useful forms not heretofore pnblislied, topether 
 with occasional notes of I'ennsvlvania cases, cnibraciiip the modes of 
 taking Acknowledgments and I'roofs of Deeds, Lc. 
 
 V O I*. I. 
 
 ARHANGF.D AND CORRECTr.D BY 
 
 PETER THOMSON, Conveyanrpr. 
 
 AKD 
 
 JOHN P. OWENJr, Esquire, 
 
 A. Walker, Agt. No. 14 Arch Street, I'hiladclphi*. * 
 
 1831.
 
 v* .< 
 
 '^\ 
 
 Zattern District of Penntylvania, touit: 
 
 2??? BE IT REMEMBERED,THAronthe,eyemhdajofJanu«r7, 
 
 ^ '^ in the tiCiv-fifth ytar i>l' the Indi-pn-iidtnce of the Uiiittd States of Americi, 
 
 ##"# ij? A. I). 18Ji', Aiiibiose 'Walker, of the said District, hath deposited in this of- 
 fice the title of u book, the right whereof ht claims as proprietor, iu the words foUowiuf, 
 to wit : 
 
 Graydon's Forms of Conveyancing, and of Practice in various Courts and Public OfBcet, 
 in two volumes, improved by the addition of an Appendix, containing- a number of useful 
 Forms not hrn-tofiire publislied, together with oceasiona! Notts of Pennsylvania Cases, em- 
 briiciiig- themode» of taking Acknowledgments and Proofs of Deeds, ire. vol. I. Arranged 
 and corrected by Pelcr Tlionison, Conveyancer, and John F. Owens, Esquire. 
 
 In conformity to the Act of the Congress of the United States, entitled " An Act for the 
 rncouragernent of learning, by securing the copies of maps, charts, and books, to the Authors 
 and Proprietors of such copies, during the times therein mentioned ;''— And also to the Act, 
 entitled •' An Act supplementary to an Act, entitled •' Au Act for the encouragement of 
 learning, bv securing the copiis of maps, charts, and books, to the aiitliors and proprietors 
 of such copies during the times therein mentioned," and extending the benefits thcrtof to 
 till! art«ol designing, engraving, and etching historical and other prints." 
 D. CAl.DWKLL. 
 
 Clerk of the f.aUern Dittrict ofPenmylvama. 
 
 UJi^
 
 INDEX TO THE APPENDIX. 
 jicknowUdgTnents and Proofs of Deeds, Sfc. 
 
 Peje. 
 
 Certificate of Acknowledgment by one person, - - 6 
 
 " when by virtue of" a Letter of Attorney, - ib. 
 
 " by Husband and Wife, - - - - - ib. 
 
 " when proved by subscribing witness, - - 7 
 
 " proof of a Deed executed by a Corporation, - - 42 
 
 " before what Officers Acknowledgments .and Proofs may be 
 
 " made, - - - - - - 7 &. 8 
 
 Apportionment of Groundrent, - - - - - 32 
 
 Assignments voluntary ...--- 9 
 
 " Notes thereon, and duties of Assignees under them, 11 
 
 Conveyancing, practice in, - - - - - - 5 
 
 Deeds of Trust, 4'C. 
 
 1. To the use of Grantor and Wife for their several li\e8, then to the 
 use of their son and duujrhter for tlieir several lives; and afier- 
 wards the Estate to be sold, and the proceeds divided amongst the 
 grandchildren, - - - - - - 12 
 
 2. From Husband and Wife, for the w ife's Estate, limiting the use to 
 wife for life, remainder to the uses of her Will; and in default of a 
 Will to such persons as at her death m.ay be her heirs — reserving 
 powers of revocation and declaration of new uses, - .14 
 
 3. Of settlement of a Woman's Estate, in consideration of marriage, 
 limiting the estate to the use of the woman till marriage; tlicn to 
 her sole and separate use during the coverture; if she survive, then 
 to her in fee; if she do not survi\ e, then to the uses of her Will, and 
 in default of a will, tlicn to such person or persons as would be en- 
 titled in case she had survived her husband, and afterwards died 
 intestate, ..-..-- 17 
 
 4. Of settlement of a Woman's Estate, in consideration of marriage, 
 limiting the estate to the »ise of the woman till marriage; then to 
 her sole and separate use during tlie coverture; remainder to tlie 
 uses of her will; and for want of a will or appointment; then to her 
 children, &c. proviso, that if slic suivive l.er husband, then trustees 
 to convey the estate to her in fre, with powers to the trustees to 
 make partition of undivided real estate; to sell and dispose of real 
 estate, and to invest and re-invest proceeds of personal property in 
 stocks, &c. and providing- for the appointment of new trustees in cer- 
 tain events, .......18 
 
 5. Of settlement of a Woman's Estate, in consideration of marriage, 
 (reciting a former husband's will,) limiting the estate including a 
 contingent and executory remainder in a moiety, in her vested, un- 
 der the will, to her use till marriage; then to her sole and sep.'i.ate 
 use during the coverture; remainder to the uses of her will, and in 
 case of no such appointment, remainder to the use of the intended 
 husband in fee; reserving powers of revocation and declaration of 
 new uses, Sec. with a special covenant on the part of the intended 
 husband not to oppose the execution of her former husband's will, 23 
 
 6. Of settlement of the Wife's Estate, made after mai-riage, upon a 
 separation of the husband and w ife, ... - 26 
 
 7. Deed of Release of Groundrent, which had been reserved to the 
 uses of a marriage settlement, made in pursuance of a proviso in the 
 
 groundrent deed This release by Attorney duly authorized, 29 
 
 leed of Release of Groundrent, adapted to the extinguishment cr 
 to a sale of the groundrent, - - - - - 31 
 
 5 Deed of .Appiortioiimentof a large Groundrent. issuing out of a Jaj-gc 
 lot of ground, ...... 32 
 
 10. Groundrent Deed in usual form, - - - - 36
 
 INDEX. 
 
 11 Deed, in which part of the purchase money to be secured by « 
 
 mortgage, is expressly charged upon the bargained property, 39 
 
 12. Deed from a Corporation, and Proof of its Execution, - 41 
 
 Devises. 
 A particular Devise in a Will, which may be a fee, or, by possibility, 
 only an estate for life, - - - - - - 52 
 
 Devise to a Wife in bar of Dower, .... 53 
 
 " of a Moiety of an Estate to a Son in fee, with a contingent and 
 executory remainder, to the wife in fee, charged with the 
 maintenance and education of a son till he attain the age 
 of twenty-one, - - - - - - 55 
 
 Doioer. 
 
 Dower, release of by Husband and Wife — the Husband having pre- 
 viously conveyed to the purchase:, - - - - 40 
 
 Groundrent. 
 
 Release of Grovmdrent, which had been reserved to the uses of a mar- 
 riage settlement, made in pursuance of a proviso in the groundrent 
 deed. The Release by Attorney in fact, duly authorized, - 29 
 
 Release of Groundrent adapted to an Extinguishment or to a Sale of 
 the groundrent, - - - - - - - 31 
 
 Apportionment of a large Groundrent, issuing out of a large lot of 
 ground, ....-.- 32 
 
 Groundrent Deed in usual form, - - - - '36 
 
 Mechanic's Liens. 
 
 Release of, ■--"""■ 43 
 
 '• where the personal responsibility of the owner of the house 
 
 is taken in lieu of the Liens, - - ' - 44 
 
 OFFICERS before whom Acknowledgments and proofs of Deeds, &c. 
 
 may be made, " ■ ' ' - ' '7 &'8 
 
 PRACTICE in Conveyancing, - " " - - 5 
 
 Releases. 
 
 Release of Dower, - . - - ' - 40 
 
 " of Mechanics' Liens, ■ - . ".. " - 43 
 " of Mechanics' Liens where the personal liability of the owner 
 
 is accepted instead of the Liens, " * - 44 
 
 " from the Lien of Judgments, absolute, - - - ib. 
 
 " from the Lien of a Judgment, with proviso, - • 45 
 
 REVOCATIONS of old uses and declarations of new ones, 15&25 
 
 SETTLEMENTS and Trusts, (see Deeds and Wills.) 
 
 Wills. 
 
 Will containing Trusts of Legacies, and providing for their increase, 
 ^for the benefit of minor children, &c. with power to the executors to 
 sell real estafe, - ' - ■ - 45 
 
 A particular Devise, which may be a fee, or, by possibility, only an 
 estate for life, . - - - - - - 52 
 
 A Devise, &c. to Wife in bar of Dower, ■ - .53 
 
 A short Bequest of the interest of stock for maintenance of Wife and 
 children, - . - " " _ - " - ib. 
 
 Proviso in a Will, to prevent lapse of a Devise or Bequest, - 54 
 
 Clause in a Will providing for the payment of debts due by Devisees 
 to Testator, and for the mutual pa} ment of debts, &c. between the 
 Devisees, &c. ------- ib. 
 
 Will devising a moiety of an Estate to a son in fee, with a contingent 
 and executory remainder to the wife in fee, charged with the main- 
 tenance and education of son till he attain the age of twenty-one, 55
 
 A 
 
 TABLE OF THE CONTENTS 
 
 OF THE 
 CONTAINED IN 
 
 THE FIRST VOLUME. 
 
 Acknowledgment, 
 
 Of she riff's deed page 9,10 
 
 Of u mortgage 10 
 
 Of husband and \vifc " 11 
 
 Of special bail in the common picas 1 1 
 
 Of recogmzunces in the oyer and terminer to answer 12 
 
 iu tlie qiualer sessions to keep the peace 12, 1 3 
 
 to testify 1 3 
 
 in the orphans court 13, 14 
 
 in foreign attachment * 14 
 
 Of a writing in English with a copy in another language (3 forms) 1 5 
 
 Of recognizances of a sheriff and his sureties 1 6 
 
 Acquittance. 
 
 For money received on a purchase 1 7 
 
 Cienerul form 18 
 
 I'or rent p.id 18 
 
 For money received of a third person 1 8 
 
 for the use of another 18 
 
 in part of a bond 1 8 
 
 For interest due 01) a buyd 19 
 
 For a legacy * ^
 
 To an administt-atbT |fege 1^ 
 
 Tor u pronubsory note given for abook debf 19 
 
 J"oi icU Older ui-avvn upon u t.ai u ppi&ou 20 
 
 For the consii.,er, tion iiciicy of a couveyancc 20 
 
 tor wiiiinga left m a pei-soii'^ h«nds 2(7 
 
 Where the debt * damage exceeds S lO'O 29 
 
 To cUi account 2 1 
 
 Coninion form of an oatli by kissing the book 2 1 
 
 Oatliof cLwiiiiessona tiial 22 
 
 of voir aire 22 
 
 by liidng up tlie light hand 22 
 
 Fomi of affirmation 22 
 
 Oatli of gi-and j ury 23 
 
 of traverse jUiy (2 forms) 23 
 
 of a constable attending upon a jurjr 24 
 
 of a witness to the grand jury 24 
 
 of attorney or practitiontv at law 24 
 
 of clerks of markets • 24 
 
 of constable 25 
 
 of overseer of the poor 25 
 
 of appraisers of goods distrained forren? 25 
 
 of deputy-surveyor 26 
 
 pf notary public 26 
 
 ofsheulf ^: 27 
 
 pf an inspector of t:he general election 27 
 
 of a judge of the general election 2S 
 
 Gf a clerk of the genenvl election ^ 
 
 Agreement., 
 
 for the sale of a freehold estate S§ 
 (Observations) 31 Sec. 
 lor buikUng a house, &c. ^ 38 
 To pull dow n an old farm-house and build a nevr one 39 
 J'ersaleof an estate 43, 455 47 
 of household goods, &c. as they shall be appraised 49 
 3For bearing equal charges in a law-.Aiit, to be brought for the reco- 
 very of an estate 50 
 Between a tradesman and his factor 5 i 
 5For the making of bricks 53 
 For wheat sold 5 5 
 Between a master and oyerseer about the management of affirm 5J
 
 Between an attorney and his clerk f page 58 
 
 Btisvecn a house-keeper unci liis lodger 60 
 
 "Wilh a clerk or workniau C I 
 
 For the sale of u parcel of trees growing, and liberty to cm do\v!i 
 and carry them away, Sec. 6 J 
 
 With u manager ' 63 
 
 Aiuong copartnei's, to exercise but one trade, 8cc. 64 
 
 Between broiiicrs, for diviuliig money, o;c. 68 
 
 For erectiii;:^ a house, Sec. 7 1 
 
 For tlic purchase of cord-wood, Sec, 72 
 
 >Vitii a mili-u li-Jit 73 
 
 For isJio' £ to sail in a ship, See. 74, 75 
 
 Bi ■ •■ cen a master and a journeyman or hired sciwant 76 
 
 For engui^ing a person to rebuild niiils, at cert.iin weekly wages 78 
 For performing brickla}er3 ar.u plasterers work in building a 
 
 bouse ■ 79 
 
 Articles of copartnership between two tradesmen 8 1 
 
 of marriage 84 
 
 Between a master shipwright and his workmen, &c. 86 
 
 Be; ween persoii-S to tit out u vessel from one pon to another 88 
 To go, set up, and build a schooner on the weateni waters 89 
 
 To c:.ny p.issen:jers frop.; one port' to another 92 
 
 To indemnify a person on his delivering writings, &c. 93 
 
 For freight between die master of a sliip arid a luerchant 94 
 
 \ 
 
 appointment. 
 
 Of a guardian by a father for his son 95 
 
 Of executors in the roo!u f.f deceased ones 96 
 
 Of a guardian of person and estate, with power to let-lands, Sec. 97 
 Of a new trtistce in the place of one deceased, Avith a declaration of 
 
 trust 98 
 
 Of a guardian by an infant 99 
 
 (Observations) 99 Sc set[. 
 
 Assi^^mnent. 
 
 Of dower by the heir 100 
 
 Of part of a cargo on board a ship lol 
 
 Of copy -right in books 103 
 
 Of a patent for tiie sole u ;e of an invention 1Q4 
 
 Ofbond by indorsctncnt (i. forms) -^ 106,107,108 
 
 Of a lease witli the usual and necessary covenant 108 
 Oia bond and mortgage after judgtueut Si\d execution; ajid partot* 
 
 the debt pidd ' H3 
 
 Of uu apprentice ' U5;1'6
 
 ■ [vl] 
 
 Of a servant page 11/ 
 
 In trust, for creditors 1 17 
 
 Of an aiinuity lor the life of the assignee 126 
 
 Assiganient uiid reieuse of u share of thci*er>idue of the testator's 
 persoij il cs.v^tc from one executor to another 129 
 
 Of a pension until money due upon a bond shall be paid 133 
 
 Ofalci'.se by i Klorseuient 13S 
 
 Of d. in0i-t,j <p,e by i;ick)rsement 136 
 
 Of a bond ioi- pi;yi.;ent oi i.-ioncy by indenture i 37 
 
 Of a judgment recovered ijy verdict 139 
 
 Of reortgwige ot a le.ise of years 14 1 
 
 Of auv.iMeulure ofi.pprdticcfihip 142,143 
 
 Of -1 niortgvgc for a term oi'years by way of indorsement, SvC. 144 
 Of a bond in trust for the uses of uiarriL^ge-articieb, &c. 145 
 
 Of ..n iulest-.tc's pc; sonai estate by the acliuijii^-t^'atoi ; Sec. 147 
 
 Of .ai anuuiry left by will 149 
 
 Of a share of the residu -uy part of a personal estate 1 53 
 
 Of two bonils frcia aii executor to a legatee, and a release from the 
 
 legatee 156 
 
 O f iT.onies due upon account 162 
 
 Of articles of agreenientfor the sale of goods, by indorsement 163 
 Of a debt with power of attorney 1 6-^ 
 
 Ofabilipenar 16S 
 
 Of a bond , 16$ 
 
 J'rom the assignees of a bankrupt to the banknipt, &e, 1 7 1 
 
 A transfer of a mortgage 1 75 
 
 Of a bond as a collateral security 1 79 
 
 Of a lease in consideration of a discharge from ari'ears of rent 183 
 Of an agreement for a lease 186 
 
 Of leasehold premises by indorsement from au execute;- to a pur- 
 chaser 190 
 from a mortgagee and mortgagor to a pur- 
 chaser 19't 
 Of the benefit of purchased articles 203 
 Transfer of shares in a company 205 
 Of shai-es of stock 306 
 
 Award, 
 
 The reference 206 
 
 The election of an umpire , 209 
 
 The award 209 
 
 By three arbitrators 211 
 
 By indorsement 212 
 
 !Py an umpire 213 
 
 U 0011 a rule of reference made atthc trial of a cause 314
 
 C vii 3 
 
 Couhty t'clurn of represent .lives la con: 
 
 Stress 
 
 poge 
 
 21? 
 
 of senators 
 
 
 
 218 
 
 General relurn of governor 
 
 
 
 2iy 
 
 of representatives in congress 
 
 
 2 '(J 
 
 of seiiutor 
 
 
 231, 
 
 ■J 2 2 
 
 of representatives in assembly . 
 
 ' 
 
 223 
 
 of sheriff" 
 
 
 
 224 
 
 of coroner 
 
 
 
 325 
 
 of (.omniissioner 
 
 
 
 225 
 
 of ciircclor of the poor 
 
 
 
 226 
 
 of auuiiors 
 
 
 
 22r 
 
 of electors 
 
 
 
 22$ 
 
 Bargain and Sale, 
 
 From the surviving asbignec of a bankrupt and the bwikrvtptto a 
 
 purch.it:er 23 J 
 
 Of lands 233 
 
 3iaj-gainand sale enrolled 235 
 
 The same by deed poll 234 
 
 Of a frci-'hold estate to two persons, in trust, Sec, 235 
 
 JBllL 
 
 Single 23? 
 
 Penal 337- 
 
 Judgment 238 
 
 Of crcciil 238 
 
 Of exchange SJSI 
 
 BUI of Sale, 
 
 Of goods 239 
 
 Of land 210 
 
 Of goods and chattels 241 
 
 Of a part of a sliip 245 
 
 Of goods distrair.od for rent 244 
 What is necessary to be done to constitute a good bill of sale 245 
 
 Bond, (See Condition. J 
 
 (Obscrvationr,) ;i46 Sc seq." 
 
 Common form 252 
 
 From t'vo to one 2j:J 
 
 From three toon^ 254
 
 C viii J 
 
 JJ'roni one to tv.-o ^age S34 
 
 Prom three to three 2j5 
 
 rrom several, male and female ^ 255 
 
 For the payinent of money by a corporation 256 
 
 Bond with waiTant of attoiney to confess judgmerit 25/ 
 
 Bail bond to sheriff 259 
 
 to constable 259 
 
 Beplevin bond by plaintiff 260 
 
 by defendant 261 
 
 Bond pf sherifis 263 
 
 of constables 263 
 
 By a trustee of an insolvent debtor 264 
 
 Administration bond 265 
 
 Refunding bond 266. 
 
 Codicil, f Seepages 267, 268.) 
 
 Cojnposition, 
 
 * 
 
 With creditors 56<? 
 A -leed of Composition of debts 271, 272 
 
 Condition. (See Bond.) 
 
 To p?.}* motley at different times _ 276 
 
 Tor payment of money, vrith interest, at several times 277 
 
 To marry a ccrtahi person, or pay a sum of money 278 
 
 To execute a conveyance ^8 
 
 To leave money to aAvifc 279 
 
 To secure a sum of money to an intended Avife 280 
 
 To suffer a wife to live ?part from her husband _ ^ 282 
 To save harmless from paying rent, Avhere title is in question 283 
 
 ."For service of an apprentice 284 
 
 To suffer a wife to live apail, and have all her effects, See, 284 
 
 To indemnify against a wife's dower 286 
 
 To pay mortgage money 287 
 
 To maintain parents (2 forms) 288 
 A counter bond of indemnity to persons Avho had entered into a 
 
 bond, Sec. 289 
 
 For payment of an annuity during the life of a feme covert 290 
 
 To perform covenants 29 1 
 
 To permit a wife to make her will 292 
 
 Of a bond of indemnity on paying money to a person, Sec. 292 
 
 For piiymcnt of money after a person's death 293 
 I'o pay rent for a shop let for ayear certain and to indemnify, 8cc. 394
 
 yMm an attorney to account pcigc 2:*:; 
 
 Oi":i bond i' indemnity cu pacing a lost bond Cj& 
 
 To .r -in^uocls dcliv-ered to sell, orthe money 2'./ 7' 
 
 Fro^.^ . n under ^>herif^■ to a high sheriff *, ^7 
 
 Of a bondol indcnuii'y on paying; a lost note : ) 
 
 From u person impov/crt-ci to ijct in debts for another • 3 /j 
 
 U'opci'furni ..;i-. .;;rd 501, o02 
 
 Of u bond oi ..lofiiii.ity on signing a lease 305 
 
 Th.l a person when of age shall convey 205 
 
 To indrniidfy suicty in a bond SOft 
 
 To deliver up a niiil witli the Utensils, S:c» 30T 
 
 Qf a bond of i '>n sy fterint^ an execuior to retain money 308 
 
 For fiiidin.;- ,e in clothiiS} kc. and for his lidciity 310 
 
 To indt'uihily u.ai i.i Ijtiil bond • 311 
 
 For the obligor to repay inoney given him for his c!erkshia|taE. 3 1 2 
 For reminding a legacy in c;iscof deficiency of assets t|f 312 
 To discharge an apprentice Ijofore the expii auon of his appr<;ntj',e- 
 ship 214 
 
 To indemnify special bail 3 1 5 
 
 To deliver up a t,hip r^nd to p?.y part of the profits, kc. S 1 5 
 
 From a surviving partner to amaiiioid his wife, the executrix of a 
 deceased partner, Ecc. 3 1 T 
 
 To indemnify a person on discharging his apprcutics SlT 
 
 To indemnify biui in reco^hizunce 31$ 
 
 That an apprentice ^h'all account, Sec. 319 
 
 For payment of cm ann\uty auring life 32^ 
 
 For tiie fidelity of a clerk 32 1 
 
 To indemnify surety in administration bond 32 S 
 
 To pay mqney for goods sold, and for freight and insurance 525 
 For payment of an annuity during the joint lives of two pei-sons 52* 
 I'o pay money on manidgc or death 325" 
 
 To iudcmuify an executor on payment of a legacy . 325 
 
 From iin intended husband to leave his wife ali his estate 325 
 
 For p^ymientof an anauiLy duiing ten years, S;c. • 22T 
 
 To ]iay mon*'y quarleily S28t 
 
 To indemnify lessee on pajTnent of r^nt 329 
 
 To deliver a watcii or pay t!ie value tliereof. Sec. 529 
 
 For paynjcnt of money deposited in apersor.'s hands pursuant to a 
 
 v.iil 330 
 
 To pay money at the end of an apprenticeship or marriage 535 
 Against claim of dower SS-t 
 
 To permit a wife to live separate from her husband 35.^ 
 
 I'or payment of money after a person's death, Sec. 53'5 
 
 To pay yearly to two persons during their lives* 33(i 
 
 F©r bond nuskid or lost 53^
 
 Trom a tViaster, that in consideration of money paid him, he shnU 
 
 take an apprentice) Sec. page 337 
 
 Tor payment of money by a person for the use of his intended 
 
 wile, Sec.' 338 
 
 To serve in considaraticn of the payment of a debt 340 
 
 To indemijify sheriiTon attachment or I ieri Facias 34 1 
 
 That the heirs, Sec. of theintendcd iiusband shall pay the intendedt 
 Avifc, ^.c. 341 
 
 To indemnify the township ag;ainst a bastard child 342 
 
 To pay a woman for the support of an iiiegitimate child 343 
 
 To indemnify one executor against the application cf moiues by the 
 
 other 344 
 
 Trom a grantor who had in the deed described himself to be an 
 
 heir at law, ^c. 346 
 
 Toperfoinii an order of court for the support of an illegitimate 
 
 child 34 8 
 
 J'rom an intended husband to the trvistees of his intended v, ifc, 
 
 £cc. 349 
 
 On a person's being chosen treasurer of a company 350 
 
 To pay a person who shall help another to a wife with a good for-r 
 
 tune 35 1 
 
 por a iourncyman's fidelity . 3 53 
 
 To marry awoman, or in default thereof to pay a sum ofmoncy 353 
 To permit an intended wife to enjoy her own personal estatcj&c 353- 
 (Conditions of sale, and observations) 355 Sc seq* 
 
 ■Covenant. 
 
 A deed of covenants between a debtor and his creditors 360 
 
 of covenant from the original landlord of other hovises, to a 
 
 lessee, Sec. 365' 
 
 Prom the obligees to one of the obligors in a bond for the payment 
 
 ♦ of money, See. 367 
 
 Deed of covenant to hold parts of a ship to be built, he. ^ 3fig 
 
 That several merchants snail be equally concerned in a cargo 369 
 
 Deed of covenant to produce deeds 370 
 
 For tonnage 371 
 
 The beginning of a covenant of one person to one person 372 
 
 introductory part of a joint covenant to one pe:-son 373 
 
 of a joint and several covenant 373 
 
 of a several covenant 373 
 
 of a CO veKunt where husband covenants fqrhimr 
 
 self and wife 374 
 
 Warranty 374 
 
 Por further assuranco 374) 
 
 'IPor quiet cnjoymeat 375
 
 C xi ] 
 
 For peaceable onjoymcnt in an assignment of a lease page "76 
 Ag'iinst iiuuinbiii!)' i-s 37G, 577 
 
 7'hat vendor shall hu\ e room unci liberty for threshing, Sec. 37S 
 
 That if a good title cannot be made before a certain day, Sec. 57tf 
 Not to assign the premises without notice totlie lessor ;i7^ 
 
 1'hat lessee shall not be chargeable for auv accident by fire* 27'^ 
 J"'rom the assignee of leases to ii\dcmnify the l«asec from rents an4 
 , covemmts 380, oiJl 
 
 To pay rent and perform covenants in a lease assigned 382- 
 
 As to a lessor's insurance of premises, and that lessee may quit 383 
 That the tenant shall lay out, Sec. in rcpaii's 38 t 
 
 That lessee may take down and carry awav. Sec. " 385 
 
 deduct the charges of repairs out of his rent 585 
 shall not assign his Iccse, or let the premises SSft 
 
 if desirous may leave the premises within tlie term 387" 
 That the lease is valid, and that the parties have a right to assign 3HT 
 'From two lessees to rep^dr, and pci^ceably to yield up 38!> 
 
 To repair the pi-emises, having uai allowance of materials .58^J 
 
 To piunt the out:>ide of liie house every third year, 6cc. 390 
 
 From lessee to ricw-rip and tile the top of the house, £cc. 391 
 
 To permit lessor to take tiic bark and tops of trees, kc. 391 
 
 That the lessor may enter to view the repairs 392, 393 
 
 That lessee shall use the hay, bcc. 39S 
 
 fallow the land, Sec, 394* 
 
 To lay down part of the ground with clover. Sec. 394 
 
 To permit lessor to enter. Sec. and cultivate, Sec. 395 
 
 That lessee may dispose of hay and straw, Sec. 395 
 
 From lessor to provide le::>see materials to repair 395 
 
 That certain trades shall not be exercised upon the premises 39f> 
 That lessor shuU. pay the taxes 30T 
 
 Covenants to renew a lease 3y7 
 
 That lessee shall pay the rent and all the taxas ■ 398 
 
 Not to suffer any nuisance 39'.» 
 
 .To insure the premises from fire and to rebuild, S:c. 39^ 
 
 To build 40O 
 
 From lUJ^ignor that neither he, Sec, hath done any act to incum- 
 ber, Sec. 40'J 
 grantor th;it he lias good right to grant and convey 401 
 That grantor is seised in fee simple, Sec. 401 
 From assignee that he will, bee. get in bankrupt's eflects. Sec. 40;> 
 To indemnify comndssioncrs of bankrupt ^ 4U-* 
 From creditors to accept a composition and to indemnify, &c. 405 
 That mortgagor till default, may enjoy 406 
 From grantor to pay an annuity free from taxes 406 
 assignor that animity has not been paid for three years 407 
 T.o vouyey a life estate ' ' f^J
 
 C ^" 1 
 
 'from husband that wife shall enjoy her jewel?, Sec. p^^J^e 408 
 
 to secure by -will to -wiic a suilu.b!c house, 8cc. 408 
 
 Of wife to accept the present provision in satisfaction of dower 412 
 
 The husband binds hiiuseif to the performance of covenants 412 
 
 Declaration, 
 
 • 
 
 Of trust in respect to an annuity bond 41;i 
 
 of purchase money * 414 
 
 indorsed upon .a ^ond • 415 
 
 by way of assigi^ment ' 416 
 
 from les.sces, that lease has been granted for tlie benefit 4 i 8 
 
 That a man's name is used in trust in a bond 419 
 
 Of trust relatin;^ to an assi.c:nmcnt of a louse 419 
 
 by t)'ustees and guardians, to an infant, &c- 421 
 
 relating to a bond " 423 
 
 Deed. 
 
 Common form 42'» 
 (Observations) 425 8c seq. 
 
 By auditors under a domestic attachment 433 
 
 Dcedj)oU ^ 433 
 
 Of heirs at law rclcasincj a trust reposed in the intestate AoS 
 
 Of feoffment . ' 436 
 
 Deed poll on disfranchisin;^ a member of a company 439 
 FroTu un administratrix for land sold by order of orphan's court 440 
 
 Sheriff's deed upon a venditioni exponas 442 
 
 levari facias 444 
 
 •for lands sold by his predecessor 416 
 
 "-uy an cxcciitor on contract of the testator 449 
 
 For barring an estate-tail 45 I 
 
 Same by way of conhrmation 452 
 
 By executors 453 
 
 .By an administrator with the will annexed 455 
 
 for lands sold liy administrators by order of orphan's court 453 
 
 a guardian by order of-orpiian's court 461 
 
 By trustees of an insolvent debtor . 464 
 
 Of copartnership betv/een apothecaries 466 
 
 Of dissolution of copartnership 4S0. 
 Whereby cue co])artner upon retiring from business grants' to 
 
 otliers his shiire of the copartnership debts and effects 490 
 
 ThefolloKving ivcre omitted tinder yli'/ARD. 
 
 The noTnination of an umpire by tAVO arbitrates, Sec. 215 
 
 District rfetvu'n of itn e-let:tion 31^
 
 CONVEYANCING, &c. 
 
 Of Sheriff's Deed, 
 Dauphin county, K. 
 
 lE IT REMEMBERED that this — d;iy 
 
 of Anno Domini in open court of common 
 
 picas, held at Jlarrisbnr^b^ in and for the covmty of 
 Dauphin^ before the judges of the faid court, came 
 /''. JV. cfquire, flierift" of the faid county, and acknow- 
 ledged the above deed-poll to be his act and deed, and 
 defired that the faid acknowledgment of the faid deed 
 might be entered of record in the proceedings of the 
 faid court, and the fame was thereupon entered ac« 
 cordingly. In tellimony "whereof I have herecinto fct 
 my hand, and caufed the feal of the faid court to be 
 affixed, the famcdav and vear. 
 
 /. B. prothonotary 
 oi the fame court, 
 
 [ 2 ]
 
 10 ACKNOWLEDGMENT. 
 
 Short Forms of same, 
 Dauphin county, iT. 
 
 * ACKNOWLEDGED in open court of com • 
 
 * ^'^^'■* mon pleas for the county oi Dauphin^ the — — • 
 
 5ay of ^ Anno Domini ^ , and entered among 
 
 the proceedings of faid court. Certified under my hand 
 and the feal of my office, at Ilarrisburghy the day and 
 year aforefaid. 
 
 Dauphin county, ff. 
 
 * * * * ACKNOWLEDGED by F. JK efquire, fhe- 
 
 * ^^*'l ^^^ ^f Dauphin county, at an adjourned court 
 of common pleas, held at Harriskurgh^ for the faid 
 
 county, the — — day of — , Anno Domini . 
 
 Witnefs my hand and the feal of the faid court the 
 fame day and year. 
 
 Of a Mortgage. 
 
 Dauphin county, ff. 
 
 * * * * BE IT REMEMBERED that on the '"" - day of 
 
 * »^*^ * A. D. before me the fubfcriber, 
 
 one of the juftices*- of the peace in and for the county 
 of Dauphin^ came the within named A. B. and ac- 
 knowledged the within written indenture of mortgage, 
 to be his a6l and deed, to the end that the fame might 
 be recorded | as fuch according to law. In teflimony 
 whereof I have hereunto fet my hand and feal the day 
 and year aforefaid. y p 
 
 * By an act passed February 7, 180.S, (vol. v. 305.) the aldem-^en 
 of the city of Philadelphia are inade competent to take and receive 
 the acknowledgment or proof of all instruments of writing touch- 
 ing lands, tenements or hereditaments, situate within the city ; 
 and also the separate examination of any feme covert respecting 
 such lands, Sec. 
 
 t No deed can be recorded in Pennsylvania, until it has been 
 acknowledged, or (in case the grantor be dead, or cannot appearj 
 proved by the witnesses ou oath or affirmation.
 
 A C K N O W L E D GM E N T. 11 
 
 Of Husband and Wife, 
 
 Dauphin county, fT. 
 
 * * * * ON the day of , A. D. -, be- 
 
 * r^J^ * ^^'^^^ "^^ *^"^ ^'^ ^^^ j'^^g^s § of the court of 
 common pleas of the county of Dauphin^ came the 
 above named A. B. and C. his wife, and fcverally ac- 
 knowledi^ed the within written indenture as and for 
 their ac\ and deed, and dellred that the fame might be 
 recorded as fiieh according to law : She the faid C. 
 beincj of full age feparate and apart from her faid hus- 
 band by me examined, and the full contents thereof 
 made known to her, voluntarily confenting thereto. 
 In tellimony w hereof I have hereunto fet my hand and 
 feal the day and year aforefaid. J. P. 
 
 K7" Where lands, tenements or hereditaments are 
 fold by virtue of writs of testatum, the Iherift' may ac- 
 knowledge the deed in the court of common pleas of 
 Jhe county wherein the fale is made» Read^s Dig, 69. 
 
 And where lands have been fold by his predeceflbr 
 in office, the fhcrift' may acknowledge the deed in the. 
 county where the lands lie. Ibid. 73. 
 
 Of Special Bail in the Common Pleas. 
 
 *^' In this a8;ioti wherein A. B, is plaintiff and CD, 
 defendant— --&\ F. you acknowledge yourfelf to be in.^ 
 
 debted to the plaintiff in the fum of dollars, to be 
 
 levied of your goods and chattels, lands and tene- 
 ments, upon condition that if the defendant be call he 
 (liall pay the condemnation-money and colls, or fur- 
 
 § \Vherc the lands lie in a different county. Such acknowlcdg' 
 ments may also i,e made before any of the judf^cs of the supremo, 
 court, or presidents of the common plcus. Read' n Dig. 69.
 
 19 A C K !^ O W L E D G M E N T. 
 
 render himfelf a prifoner to the gaol of county, 
 
 othervvife you undertake to do it for him. Are you 
 content ?" 
 
 icr This mull be taken by the prothonotary, or one 
 of the judges, 
 
 OfRecogniza?Jces in the Oyer and Terminer to answer, 
 
 '■'■A. B. and C. D. you and each of you acknovv. 
 ledge to owe the cojiimonvveahn of Pennfylvanm, the 
 fum of — -" doiiara, to be levied of your goods and 
 chattels, lands and venemcnts rcfpeftively, upon con- 
 dition that if the laid A. B,. ihal) perfonaliy be and ap- 
 pear at the next ccurt of oyer and terminer, to beheid 
 at Reading for the county o^ Berks, then and there to. 
 anf^ver to all fuch matters and things as fiiail be object- 
 ed againft him on the part of the commonwealth, and 
 iliall not depart the find court without leave, then thefe 
 recognizances to I'C void, otherwife to be and reraaia 
 in full force and virtue. Are you content T' 
 
 Of Recognizances in the ^larter Sessions to keep ths' 
 
 Peace. 
 
 "- J. JB. and CD. you and each of you acknow- 
 ledge to owe the commonwealth of Pennfylvania the 
 jfum of — — dollars, to be levied of your goods and 
 chattels, lands and tenements refpectively, upon con- 
 dition that if the faid J. B. fhall peribnaily be and ap- 
 pear at the next court of quarter feffions of the peace, 
 to be held at Ilarrisburgh, in and for the county of 
 Dauphin, then and there to anfwer to all fuch matters 
 and things as (hall be objected againil him on behalf 
 of the commonwealth, and fliall not depart the faid 
 court without licence, and inth* mean time fiaall keep
 
 ACKNOWLEDGMENT. 13 
 
 the peace and be of .s;ood behavior to all the citizens 
 ol" tl:ie commonwealth, and eipecinlly toward E. F. 
 then thele rccognizunces to be void, othcrwiic valid. 
 Are )0U content 
 
 H 
 
 >>> 
 
 Another. 
 
 '' ./. B. and C.I), you and each of yoii acknow- 
 ledge to owe the commonu'ealth of Pennfylyania the 
 
 fum of dollars, to be levied of your gG;.ids and 
 
 chattels, lands and tenc]nents rcrpectively, ii;..on con- 
 dition that if the faid A. B. lliall keep the jx ce and 
 be of |»'Ood behavior to all the citizens of the conimon- 
 weahh, and in particular to E. V. for the fpace of 
 twelve calendar months, then thefe recoi^nizaincci* to 
 be void, otherwiie valid. Arc vou content ?'* 
 
 Of a Recognizance in the ^larfc?- Sessions to tcstijy. 
 
 A. Jj. you acknowledt^e yourielf to be indebted to- 
 
 the comuKinwealth in the fum of dollars, to l^e- 
 
 levied of your goods and chattels, lands and tene- 
 ments, upon this condition, that if y(xi fliall perional- 
 ly be and appear at the ne:.Lt court of quarter felV'. ■ 
 
 of the peace, to be held at/, , i'v>r the coin 
 
 L , then andiheie to i^'ivt evidence on beha.! •. 
 
 the commonwealth, and Ihall not depart the cc-w: 
 without leave, thtMi this recop^nizance to be vol'', 
 otherwife valid. Are you content ?" 
 
 Of Recognizances in the Orphans'' Court. 
 
 *' A. B. and C. D. you and er.ch of you acknow- 
 M^Q to owe/. /. //. tff|. prelident of the Orphans* 
 »;Qurtof the i:.Q)\:iniy i^i Dauphin^ and his lucceiVors in
 
 U A C K N O W L ED G M £ N T. 
 
 office, the fiim of dollars, [double the amount of 
 
 the val'datiov,'] to be levied of your refpeclive goods 
 and chattels, lands and tenements, upon this condition, 
 that if the faid A. B. fliall and do, within twelve months 
 from this time, pny or caufe to be pai'd imto the wi- 
 dow and other children of /^. B. deccafed, their feve- 
 ral and refpective Ihares of and in the valuation of the 
 real ellatc of the faid deceafed, then thefe recognizan- 
 ces to be void, otherwife valid. Are you content V 
 
 Another. 
 
 " A. B. and C. D. you and each of you acknow- 
 ledge to owe y. J. // efq. prefidcnt of the Orphans' 
 court of the county oi Dauphin^ and his fucceflbrs in 
 
 office, the fum of dollars, \douhle the amount of 
 
 the 'vahiatiofi'] to be levied of your refpe^live goods 
 and clrattels, lands and tenements, upon this condition, 
 thatif the faidcf- ^- Tnali and do, within tv.elve months 
 from this time pay or caufe to be paid unto the other 
 children of i?. B. deccafed, their feveral and refpeftive 
 fliares of and in the valuation of that part of the real 
 eftate of the faid deceafed, adjudged and confirmed to^' 
 the fliid A. B. then thefe recognizances to be void, 
 otherwife valid. Are you content. 
 
 3.1^7' Thefi.' acknowledgments mufl be taken by the 
 clerk, in open court. 
 
 Of Recognizances in Foreign Attachment. 
 
 " In this action of foreign attachment, wherein A 
 B. is plaintili; and C. D. defendant, E. F. and G. H. 
 you and each of you acknowledge to owe the faid C. 
 
 j3. the fum of dollars, to be levied of your re- 
 
 fpeftive goods and chattels, lands and tenements, up- 
 on condition that if the faid C. D. ihall, v.'ithin a year
 
 A C KN O W L E D G M E N T. 15 
 
 and a day next following, by himfclf or attorney, 
 come into court and diiprove or avoid the debt reco- 
 vered by the faid .7. Ji. again ft him, or ihali difcharge 
 the lame, with cofts, that then the laid A. B. lluill rc- 
 flore to the laid C. D, the goods or eft'ects or value 
 thereof, by the faid .7, B. attached and condemned, or 
 io much thereof as Ihall be difproved or difcharged, 
 or elfe you and each of you undertake to do it for him. 
 Arc you content :" 
 
 Of a fFrithig in English witb a copy in another Lan- 
 guage. 
 
 County, ^ 
 
 flate of Penniyivania, ss. ^ 
 
 This day of , A. D. — • — , before mc the 
 
 fubferiber, prodionotary of the court of common pleas 
 
 ofthefaid count)' of , perfonaliy appeared the 
 
 above named A. B. who in my preienee did acknow- 
 ledge the foregoing inllrument of writing, whereof the 
 following [_or ajuicxed] purports to be a true tranfla- 
 tlon, to be his voluntary atl and deed, and bv him de- 
 livered to the therein named C. D. for the puqDofcs 
 therein mentioned, the name and feal thereunto fub- 
 fcribcd and affixed, being the proper hand and feal of 
 him the faid A. B. 
 
 » « « , In teftimony whereof 1 have hereunto fet my 
 *Skai..# hand, and affixed the feal of the faid court 
 
 at , the dav and vcar albrcfaid. 
 
 E.F, Proth'y, 
 
 « 
 
 Another form. 
 
 Countv, 
 
 Hate of Pennfylvania, sz, 5 
 
 This day of , A. D. , before me the 
 
 fubferiber, prothonotary of the court of commcn pleas
 
 36 A C K N O W L E i) G M E N T. 
 
 oj'the faid county of — -— , perfonally appeared the 
 above named A. B. who in my prefence did fign, feal 
 and deliver the foregoing inftriiments of writing, both 
 jn the German and KngUlli langnages, feach ptirport- 
 iug to hi a true traiiQitioa of the other.) to the with- 
 in named G. D. as the voluntary a6\ and deed of him 
 the laid A. B. for the purpofcs therein mentioned'; 
 the name and feal thereunto fubfcribed and affixed, be- 
 ing the proper hand and feal of him the faid A. B^. 
 
 » * » » Intedimony whereof I have hereunto fet my 
 »Si:.vL * hand, and affixed the feal of the faid court 
 
 * * * * at , the day and year aforefaid. 
 
 E. F. ProtJfy. 
 
 <jf Recognlzarices of a Sheriff and bis Sureties c 
 
 '■' You A. B. C. D. and E. F. do acknowledge that 
 vou owe luito the commonwealth of FeFinfylvania 
 
 ff. dollars, to be levied and made of your feveral 
 
 goods and chattels, lands and tenements, upon condi- 
 tion that if you A. B. Ihall and do, without delay, 
 and according to law, well and truly ferve and exe- 
 cute all writs and procefs of the commonwealth of 
 Pennfylvania, to you directed, and fhall and do from 
 time to time, upon requeft to you for that purpofe 
 made, well and truly pay, or caufe to be paid, to the 
 i'everal fuitors and parties interefled^ in the execu- 
 tion of fuch writs or procefs, their lawful attornies, 
 factors, agents or affigns, all and every fum and fums 
 of monev to them refpectively belonging. ^\hich fliall 
 come to "your hands ; and fhall and do from time to 
 time, and at all times during your continuance in the 
 office of llieriff of the county of ^ , well and faith- 
 
 * For the sum rcqnired of the sheriffs of the different counties, 
 see vol. v. of -acts, 497.
 
 ACQUITTANCE, IV 
 
 fully execute and perform all and fingular the triifts 
 and duties to the laid otlicc lauTully api^ertaining, thea 
 this reeogiiizanee to be void, or eil'e to be and re- 
 main in full force and viitiie." 'I'uiveii and acknow- 
 ledged the day of in the year of our Lord 
 
 one thoufand cii^ht imndred and , before me G. II, 
 
 recorder in and for ihe county of . 
 
 ICT* The coroner of every bounty, before he fiiall 
 execute any ofihe duties pfhis uflice, fhail enter in- 
 to a limilar reco^i^aizance, in one fourth of the fum re- 
 quircG of the ihenif of the fame count} , " that he will 
 well and tiuiy perform all and lingular the duties to the 
 faid omce of coroner appertaining^." bee the form of 
 a bond, alio required of Ihcriilsand coroners, under 
 .tide "Bond." 
 
 :^rqiuttance. 
 
 For Money received on a Purchase^ 
 
 KNOW ALL MKN by thefe prcfents, xh^ilJohn 
 Roc\ of, 8cc. do hereby acknowledge rnyfclf, upon the 
 day of the date hereof, to have received oi J.ndre'vo Ai- 
 /^// of, i^'c. the fum of of lawful money, SiV. be- 
 ing the lall payment and in full of by him paid, 
 
 asthe confidcration of the purchafeofa cena'n plan- 
 tation and tra6\ of land, lituate, ^c. by me the faid 
 John Roe fold and con\e}cd to the faid dndreiv Allen, 
 
 And of the faid w hole fum of and of every part 
 
 and parcel thereof, I the faid John Roe do by thefe 
 prefents, for me, my heirs, executors, and adminillra- 
 tors, ac([uit and discharge the L\\(\ An(lrc-->X} .Uleri^ his 
 heirs, executors, and admin ilhators, for ever. Ik" 
 WITNESS, 8^c., 
 
 . [3]
 
 iS ACQUITTANCE, 
 
 General Form» 
 
 Ke c E I V E D the day, b' <:. of Thorn as Cole, t!ie 
 
 fum of in full for • j and of all demands. 
 
 tcr A general receipt \vill difcharge all debts ex- 
 cept fuch as are on fpecialt}^ which can only be dif- 
 charged by fomething of equal force, viz. fome other 
 fpeeialty, fuch as a general releafe, &c. 
 
 JFor Rent paicL 
 
 Received the day, ^c. of Thomas Cole, the 
 
 fum of cafh, which with more paid by the 
 
 faid Thomas Cole for taxes and repairs, making in the 
 
 whole , is in full of one year's rent of the houfe' 
 
 and lot he now occupies, fituate in • *-, due the 
 
 . laft. 
 
 For Money recehed of a third person. 
 
 Heceived the day, ^c. of Thomas Cole, by the 
 
 liands oi. Tames Porter^ the fum of — ■ — , in full of 
 ^— =- — , bought by the faid Thomas Cole of me. 
 
 For Money receded for the use of another » 
 
 Received the day of, i'^e. of Thomas Cole the 
 
 fum of- in full for work done by John Riley for 
 
 the faid Thomas Cole, Received fame by the order, 
 and for the ufe of the faid John Riley. 
 
 Fcr Money recehed in part of aRo7id. 
 
 Received the day of, &V. of Tho?nas Cole the 
 
 fum of — ■ — in part payment of a greater fum, due to 
 me on bond by the laid Thomgs Cole.
 
 ACQUITTANCE. i9 
 
 For Interest due on. Bond. 
 
 Received the day of, ^c. of Thomas Cole, the 
 
 lum of in full for one year's interest of due 
 
 to me the day of lad, on bond, by the faid 
 
 Thomas Cole. 
 
 ITT' Such payments on bond, ought alfo to be in> 
 dorfcd thereon. 
 
 For a Legacy. 
 
 Received the day of of Thomas Cole^ 
 
 executor of the laft will and teftament oi Charles Cobb^ 
 deceafed, the fum of in full of a legacy bequeath- 
 ed to nie in and by the laft will and teilament of the 
 faid Charles Cobb^ deceafed^ 
 
 To an Administrotor^ 
 
 Received the day of, 'b'c, of Thomas Cole^ 
 
 adminiftrator of the goods and chattels, rights and 
 
 credits o^ Richard White ^ late of deceafed, the 
 
 fum of in full of a debt due to me by the laid 
 
 Richard JFhite in his life time, for . 
 
 For a promissory Note giiien for a hook^debt^ 
 
 Received the day of, 'i^c. of Thomas Cole^ a 
 
 promilTory note, payable to me or order after 
 
 date, for due to me for certain floods bought by 
 
 dic faid Thomas Cole^ uhich, ^^■hen paid, is in full of all 
 d:jmands.
 
 25 A F F I D A V I T. 
 
 For an Order drav.in upon a third person. 
 
 Received the day of, ^c. bf Thomas Cole, an 
 
 (Jrder dr;Avn in my favor upon James Roe, for the fuin 
 
 of upon light, which, when paid, is in fi:ii of all 
 
 demands 1 have againft the faid Thomas Cole. 
 
 For the consideration Money of a Coirccyancc. 
 
 Peceived the day and year within written, of the 
 
 •^vithin named /y/^v D'le., the fum of , being the 
 
 full conli deration money within mentioned. 
 
 For IFri tings left in a person'* s Hands. 
 
 Beceived the day of, ^c. of Thomas Cole, of, 
 
 ^c. four feveral deeds or conveyances ; one oi them 
 puiportin,^ to be a leafe of, ^c, and made between, 
 ^c. another of thtm to be an affignment of the faid 
 leafe, and made between, ^c, ^c. For which feve- 
 ral deeds or writino;s I hereby engage to be account 
 able, and to re-deliver the fame to the faid Thomas 
 Cole on demand. Witnefs my hand, the day and 
 yeaj aforefaid. 
 
 JFhcre the Debt or Damage exceeds 100 dollars^ 
 
 John Doe^ ^ 
 
 vs. C In the Common Pleas of York county, 
 
 Richard Roe. } 
 
 York County, ss. 
 
 BEFORE me A. B. efquire, prothonotary of the- 
 court of common pleas in and for the county of Yorhy
 
 A F F I D A V 1 T. 21 
 
 perfonally appears John Doe^ the plaintiff above nam- 
 ed, who bciiii^ duly fw orn according to law, depolcth 
 and laith, that he doth truly believe that the debt due 
 by Riihard Roe^ the defendant above nnmed, to liim. 
 the laid Juhn JDoe^ exceeds the fum of one hilndrcd 
 dollars. \_0r^ that the dama^^e sustained by him the 
 said John Doe from Richard Roe, the defendant in the 
 aboiie action, exceeds, is'c.'] John Doe. 
 
 Sworn and fubfcribed the 
 
 day of , before me, 
 
 A. B. 
 
 KT- If a fuit is brought in court without the above 
 affidavit being previoufly fded, and the plaintiff reco- 
 vers lefs than iOO dollars, he Ihall recover no coils. 
 
 To an Account. 
 
 -— Countv, ss. 
 
 On the day of , before me the lubfcriber, 
 
 one of the juffices of tb,e peace, in and fur the county 
 of , perfonally came J. B. of, ^c. and being du- 
 ly svoorn according to law depofcth and faith, that the 
 above account as dated is jull and true — that the 
 above fum <jf — —is now juilly due and owing to 
 this deponent by the above named C. D. and that he 
 the liud A. B. never received the fame, nor anv part 
 thereof, either dirctiily or indireclly, nor anv' other 
 perfon for him, by his order, confent or dircdion, or 
 to his knowledge, and further faith not. A. B. 
 
 Sworn and fubfcril:)ed 
 before me, /. R, 
 
 Common form of an Oath by kissing the Book. 
 ^*You do fwearthat So help you God."
 
 22 AFFIDAVIT. 
 
 Of a Witness en a Trial. 
 
 " You do fwear that the evidence which you fhall 
 give to the court and jury in this iiTue joined, wherein 
 A. B. is phiintiff, and C. D. defendant, fhall fee the 
 truth, the whoie truth, and nothing but the truth. So 
 help you God." 
 
 OatJj of Voir dire.* 
 
 '' You do fwear that you will true anfwers ynake- 
 to all fuch qucilions as fliall be afked you by the court,, 
 touching the matter now before them. So help you. 
 God." ^ 
 
 Forju of an Gath by lifting up the right Hand. 
 
 *'' You do fwear by Almighty God, the fearcher of 
 
 all hearts, that you will , and that as you 
 
 fhall anfwer to God at the great day." 
 
 Form of Affirmation. 
 
 " You dofolemnly, fmcercly, and truly, declare and 
 affirm, that ." 
 
 80" According to the laws of Pennfylvania only 
 fuch '* as confcientioufly refufe to take an oath," can 
 be admitted to affirm. See Read''s Digest^ 2. 
 
 Oath of Grand Jury. 
 
 *' You do fwear that you will diligenth'^ inquire, and 
 taie prefentmeut make, as well of all fuch matters and 
 
 * Where it is prayed, vipon a trial at law, that a witness may be 
 sworn whether he shall get or lose by the matter in controversy, 
 this is called a voir dire ; and if it appears that the witness is 
 disinterested, his testimony is allowed, otherwise not. 3 Black,. 
 3.12.
 
 AFFIDAVIT. 2^ 
 
 hings as fliall be given you in charge, as of thofe 
 
 things which you (hull know to be prertniable here 
 
 the commonwealth's coimiel, your fellows and your 
 own, you Ihali keep fecret— you fliali prefent i}oone 
 for envy, hatred, malice, or ill will ; neither llial! you 
 leave any one unpreiented through fear, favor, atfcc- 
 tion, reward, gain, or any hope thereof — but you iliall 
 prefent all thn^gs truly, as they Iliall come to your 
 knowledge, to ihe bell of your underilanding. So 
 help you God," 
 
 ICr" 'Tis ufual to adminifter this oath to thc-^jr^- 
 man firft, faying, '' you do fwear tha:t as foreman of 
 this grand inqiieil, you will, ^c,''' and then to give the 
 book to three or four of the jurors, faying, '■'■ you and 
 every of you do fwear, diat the fame oath which your 
 foreman hath taken to obferve and keep on his part, 
 you and every of you, A^ill well and truly obferve and 
 keep on your parts. So help you God." 
 
 Oath of Tra'Derse Jury. 
 
 *' You and every of you do fwear* that you w'iil well 
 and truly try the ilfue joined between A, JJ. plaintiff, 
 and C. D. defendant, and a true verdi6\ give, accord- 
 ing to tl"ke evidence, imlefs difmiffed by the court, or 
 the caufe withdrawn bv the parties. So help you 
 God." See vol. VII Aas, 563. 
 
 Another Form. 
 
 " You do fwear that you ^^ ill well and truly try, and 
 true deliverance make, between the commonwealth, 
 
 * A Jew must be sworn on the Old Testament, and-\\ith his hat 
 
 't)n. .2Sti\ 821. A Mahometan must be sworn upon t!.c Koran. 
 
 2 Scr. 1 104. The evidcMue of a Gentoo, sworn accorclinij^ tothd 
 
 ceremonies of his own rcli:;ion, is adni>>;i!)lc, and the tcsiimony 
 
 of all iiiiidels, who ai-c not atheists, is to be receivcc. 1 .Jtfc. 2 1 .
 
 24 AFFIDAVIT. 
 
 and the prifoner at t^e bar, whom you fhall have in 
 charge, and a true vcrdicl give according to your evi- 
 dence : So help you God." 
 
 Oath of a Constable attending upon a Jury. 
 
 *' You do fwear that you will keep this jury, without 
 meat, drink, fire or candle : you will iuffer none to 
 fpeak to them, neither will you fpeak to them your- 
 feir, but only to alk them w hether they are agreed • 
 So help you God." 
 
 Oath of a Witness to the Gr and Jury , 
 
 *' You dofwear that the teilimony you fliall give to 
 the grand inqueft for the body of the county o{ Bucks ^ 
 upon fuch bills of indi6\ment, whereto you Ihall be ex- 
 amined, fliall be the truth, the whole truth, and noth- 
 ing but the truth. So help you God»" 
 
 Oath of Attorney or Practitioner at La\v> 
 
 *♦ Thou flialt behave thyfelf in the offioe of attorney 
 within the court, according to the beft of thy learning 
 and ability, and with all good fidelity, as well to the 
 court as to the client : Thou flialt ufe no fiilfehood, 
 nor delay any perfon's caufe for lucre or malice," 
 
 ICT" No attorney or practitioner at law fliall be ad- 
 mitted to make any plea at the bar, except in his own 
 cafe, without taking the above qualification, by oath 
 or affirmation. Read'' s Dig. 24. 
 
 Oath of Clerks of Markets. 
 
 " You do fwear that you will well and truly, to the 
 beft of your ilvill and judgment, do and perform all 
 things enjoined and required of you, as clerk of the 
 market, by the laws of this Hate. So help you God.'*_
 
 AFFIDAVIT. 2^ 
 
 in.?' The clerks of the fcveral marketswithinthe ftate 
 r>f PennlVlvania, before they enter upon the execution 
 of their offices, Ihali take the above oath or affirmc-tiori 
 before fome mai^illrate or juftice of the city, borouq^h 
 or county, wherein they Uiall rcfidc. Read^s Dig. 4ij- 
 
 Vatb of Constable. 
 
 *' You fliall well and truly execute the olEpe of a 
 conllable for the !o-iviis/j2fj of Halifax^ the enfuiug 
 year, and until you fhall be legally difeharged." 
 
 Oath of Oiierseer of the Poor. 
 
 *' You do fwear that you will difeharge the office of 
 overfeer of the poor, truly, faithfully and impartially, 
 to the beft of vour knowledge and ability. So help you 
 God.^^ 
 
 lirT" Every overfeer Hiall before he enters upon the 
 execution of his office, take the above oath or affirma- 
 tion, which any alderman in the city of Philadelphia, 
 or any juftice in the county, is auihorifed to adminiflcr. 
 Read's Dig. 296. 
 
 By ana6l of aflembly paffed March 11, 1809, the 
 oveyfeers of the poor are in future to be elected and 
 appointed by the fame perfons, at the fame time, and 
 in the fame manner as fupervifors of the highways. 
 Sec i)oL ix. 41. 
 
 Oat/j of Appraisers of Goods distrained for Renr. 
 
 " You M. J^. do fwear that you will well and truly, 
 according to the beft of your underftanding, appraifc 
 the goods and chattels of D. M. diftrained on for rent, 
 bv Z. f/'. So help vou Go<l." 
 
 ^ ^ r 4. ]
 
 S6 AFFIDAVIT. 
 
 lO" Thrs oath the flieriff, iinder-flienff or conflable,- 
 ^vho is aiding and aflilling in making the diftrefs, are 
 empowered and required to adminiller. The apprajfers 
 are to receive for their trouble the fnm of two Ihillings 
 ^er (i'lejn each. See Bead's Dig. 202, 
 
 Oath of Deputy -sur'ueyor. 
 
 " I'^A. B. do fwear, [or, " do soJemnJy^ sincerely 
 and truly dedare and afirrfi'' — being conscientiously 
 scrupulous oft aVing an oatb,'] that 1 will do and per- 
 form the duties of the office of deputy-furveyor, with 
 'fidelity and impartiality to all men," 
 
 |G™ This oath, or affirmation, fliall be talcen beforfe 
 one of the juftices of the fupreme court, or one of the. 
 jullices of the peace of the proper county, and the fame 
 being put into writing, figned by the officer taking the 
 fame, and by the faid jufticc, fliall be filed in the office 
 of the clerk of the peace of the county wherein fuch 
 officer fhall execute his faid office. Bead^s Dig. 217. 
 
 It fliall be lawful for deputy-furveyors, or their re- 
 gularly authorifed affiftants, to adminifter an oath or 
 affirmation to the perfons employed as chain-carriers, 
 obliging each of them, to the faithful performance, of 
 the duty of chain- carriers, Fcl. v. ActSy 668, 
 
 Oath of Notary Public. 
 
 " You do Fwear, that you fliall and will well aiid 
 faithfully perform the duties of your office of notary 
 public, and that you fliall and will fupport the conflitu- 
 tion of the commonwealth of Pennfylrania : So help 
 youGod."^ Bead's Dig, 210.
 
 AFFIDAVIT. 27 
 
 Oath of Sheriff. 
 
 "*' I, A. B. do fwear [or affirm'] that I will uic my* 
 iitmoil endeavors and diligence in making an impartial 
 fcleclion ofperibns for jurors, and diat I will notfufi'er 
 partiality, favor or atle6lion, hati'ed, malice or ill-will> 
 in any cafe or point whatever relating to the feleilion, 
 drawing and returning of jurors, to influence me, but 
 that I will, in all ret'pc6ls, conform to the true intent, 
 and meaning of the a6ls of the general aifembly ia 
 fuch call' made and provided.'* 
 
 JO^ This oath, or affirmation, is to be taken, be- 
 lidcs the ufual oath or affirmation of office, as required 
 by the conllitution and laws of Pennfylvania.* And in. 
 cafe of inability (occafioned l)y death, reiignation or 
 othcrwife-) of any (licrilf in difcharging the duties en- 
 joined upon him by this a6\, the coroner of the proper 
 county fhall perform fuch duties ; but before he enters 
 upon the difchargc thereof, he ihall take the oath or 
 affirmation above prefcribed. VII doL Acts 186. 
 
 All executive and judicial officers, both of the unit- 
 ed flates and of the feveral dates, ihall be bound by 
 oath or affirmation, to fupport the conllitution ofther 
 united ilates ; but no religious tell Ihall ever be requir- 
 ed as a qualification to aiiy office, or public trufl, un- 
 der the united dates, .krt. vi. Const. U. 6\ 
 
 All officers executive and judicial, fliall be bound 
 by oath or affirmation to fupport the conllitution or 
 this commonwealth, and to perform the duties of their 
 refpeclive offices with fidelity, ylri. viii. Const. Penn^ 
 
 Oath of an Inspector of the General Election. 
 
 "■' I, A. B. do fwear, [cr, solemnly^ sincerely and' 
 truly declare and affirvi\ U^iat 1 will duly attend at the
 
 S8 A F F I D A V I T. 
 
 cnfuing cle6\ion, during the continuance thereof, as. 
 an infpe6lor, and that i will not receive any ticket or 
 vote from any perfon or perfons, other than thole I fliall 
 firmly believe are, according to the provilions of the 
 a6l, entitled ''• An a6l to regulate the general ele(5\ions 
 within this comnionwealth," entitled to vote at the 
 faid ele6lion, without requiring fuch evidence of their 
 right to vote as is directed to be given by the faid a6l ; 
 nor will I vexatioufly delay or it^ufe to receive any 
 vote from any perfon 1 fliall believe is entitled to vote 
 as aforefaid, but will in all things truly, impartially 
 and faithfully perform my duty therein, to the bcfl of 
 my judgment and abiiitieSo'" 
 
 Oath of a Judge of the General Election. 
 
 -' I, M. M. do fwear [^r, solemnly^ sincerely and 
 truly declare and Gffirm~\ that I will as one of the jud- 
 ges, duly attend the enfumg elcclion, during the con- 
 tinuance thereof, and faithfully affiil the other judges 
 and infpeiStGrs in carrying on the fame ; that I will not 
 give my confent that any vote or ticket (liall be receiv- 
 ed from anv perfon or perfons, other than thofe I fhall 
 firmly believe are, according to the provifions of the 
 a6l, entitled " An acl; to regulate the general eleftions 
 within this commonwealth,*' entitled to vote at the faid 
 eleftion, without requiring fuch evidence of their 
 right to vote as is dirt^led to be given by the faid 
 a6l ; and that I will ufe my bed endeavors to prevent 
 any fraud, deceit or abufe, in carrying on the fam.e by 
 citizens qualified to vote or others ; and that I will 
 make a true and perfect return of the faid ele6lion, 
 and in all things truly, impartially and faithfully per- 
 form my duty refpeciing the fame, to the beft of my 
 judgment and abilities,"
 
 A F F I D A V I T 29 
 
 Oath of a Clerk * oj the General ^lution, 
 
 '' I A. B. do fvvtar, [ar, solenDily^ sincerely and 
 truly declare and ajjirni'\ that I will jnjpariiully and 
 iruly write down the name of each elector, who' ihall 
 vote at the enluint^ t'le6\ion, whieh (liall be given mc 
 in charge, and a!fo the name of the town, tovvnihip, 
 ward or diilridt, wherein I'uch ele<!:tor rehdes, and care- 
 fully and truly write down the number of votes that 
 iliali l>e given for each candidate at the election, as 
 often as his name iluiU be read to me by the judges 
 thereof, and in all things truly and faithfully perform, 
 my duty refpeetins^ the fame, to the btfl of my judg- 
 ment and abilities." 
 
 tCT^ Any judge of the court of common pleas, alder- 
 man, or juliice of the peace, who may be prefent at 
 the election, fliall adminiller the above oaths or aifirni- 
 ations ; but if no fuch be prefent, or cannot be conve- 
 niently had, one of the judges, after firft having the 
 above oath or affirmation adminillered to him by one 
 of the other judges, iliall adminiiter the oaths and 
 iliirmations to the other judges, and to the infpeclors 
 iind clerks. See Read's Dig. 102, ^^c. Vol. v. 'Acts, 
 tJ69. 
 
 iLj" Various other affidavits will be foimd under 
 title Process, where it was thought advifcable to infcrt 
 them, in order to prcferve a conntt\ion m the proceed- 
 ings. 
 
 •Clerks must be of the age of twenty one yeurs op nicrc- 
 Rcad'v Di^'-. 102.
 
 30 A G R E £ M E N f 
 
 %sxttmmt. 
 
 For the Sale of a Freehold Estate, 
 
 Memorandum, That it is agreed between Andreii 
 Archer^ oS ihc one part; aiTd Bcnjainin Bower^ of the 
 other part : That the faid Andreiv Archer lliall, on or 
 before the^^r^^day o^ .Xov ember next, make out a good 
 title unto, and by good and fufficient conveyances ivi 
 the law convey and aimre \uito the faid Bejijcunm 
 JfoTjer and his heirs, free from all encumbrances what- 
 foever, [except an annuity, or rent charge of forty 
 iliiiiings a year, iffuiiig out of the premifes and paya- 
 ble to the poor of the borough of , in the county 
 
 of and ftate of -] All thofe three freehold 
 
 ineifuages or tenements with the appurtenances, in 
 
 second-street in the faid borough of , now or 
 
 late let for sixty pounds a year, togedier w'iih the poli- 
 cies of infurance from fire of the faid premifes ; and all 
 lockfc, bolts, bars, cocks, cillerns, and other fixtures *• 
 therein be!onu;ing to the faid Andreiv Archer : And 
 that the f^iid Benjajn'ni Bower (hall receive the rents 
 of the faid premifes from the fv^entieth day of August 
 laft : And the faid ylndrew Archer fliall pay all arrears 
 of taxes, and the faid annuity to the poor, up to that 
 time : In confideration whereof the faid Benjamin 
 Bower dolh hereby agree to pay to the faid Andreiv 
 Archer the fum of Jour thousand dollars on executing 
 fuch conveyances as aforefaid : And it is hereby fur- 
 ther agi-eed between the faid parties, that the faid Ben- 
 
 * By almost general custom, whatever is stronj^ly affixed to the 
 freehold or inheritance, and cannot be severf.d from thence without 
 violence or damage, is become a member of the inheritance, and 
 shall thereupon pass to the heir ; as chimney-pieces, pimips, old 
 ^xed or dormant tables, benches, and the like 2 BL 432.
 
 AGREEMENT. 31 
 
 jamin Bavcr, fliall be at the charge of the clccvls ibr 
 coiTVcying to him th.e laid prcniii'es ; and that all at- 
 telled copies of title deeds and covenants to produce 
 the fame, and alfo a line and recovery, if neceiVary, 
 ihall be at -the charge of the faid Andreiv Jrcher. In 
 WITNESS whereof the faid ATidreiv Archer and Ben- 
 jamin Boiver have hereunto fet their hands and feals., 
 the day of 
 
 %CT' Where the title deeds cannot be delivered up, 
 fome provillon lliould be made as to the expenfe of the 
 attelted copies, and the covenants to produce them, 
 uhich will otherwife fall upon the vendor ; and where 
 the ellate is fold in many lots, and the title-deeds are 
 numerous, nearly the whole purchafe money may, per- 
 haps, be exhaufted. The vendor mull at his own ex- 
 penfe furnilli the purcbafer with an abstract of his 
 muniments, and deduce a clear title to tire ellate : The 
 abilra6l: ought to mention every encumbrance whate • 
 ver aftecling the ellate, and Oiould, therefore, contain 
 an account of every judgment by which the eftate is 
 aflfecled ; but equity conTiders it complete whenever it 
 appears, that upon certain a(!fts done, the legal and 
 equitable eftates will be in the purchafer ; which mav 
 be long before the title can be completed. The llri^ 
 rule feems to be, that the vendor mull procure the 
 fee, to be veiled either in himfelf, or a trullce for 
 him; and that a purchafer is not compellable to bear 
 the expenfe of a long conveyance, on account of the le- 
 gal ellate having been outll^nding ibr a length of time, 
 or the ellate being fubjetl; to encumbrances, which 
 are to be paid off. It is not, however, ufual to infill 
 upon this, unlefs the title cannot be perfe61ed without 
 a private acl of parliament ; in which cafe, the ex- 
 y penfc of obtaining it is always borne by the venclor, 
 r 'Unlefs there be an exprefs llipulation to the contrary, 
 th-e expenfe of the conveyance falls on the purchafer ;
 
 32 AGREE M E N T. 
 
 \v1io, muRin that cafeprenire and tender the convey* 
 ance. The expenfe attending the escctit'ion of the 
 conveyance, is however always borne by the vendor* 
 
 If a p\irchaA.'r cannot obtain the title-deeds, he is, as 
 we have alreadv leen, entitled to attefted copies of them 
 at the expenfe of the vendor, unlefs there be an ex- 
 prefs ftipulation to the contrary : and although he may 
 not be entitled to the poflefiion of the deeds, yet he 
 has a right to infpe6l them, and the vendor nuifl pro- 
 duce them for that purpofe. 
 
 Eat apurchafer is not entitled to attelled copies of 
 mllruments on record. 
 
 This was decided in the cafe of Campbell v. Camp- 
 bell, where the mailer, in taxing colls incurred by the 
 fale of confiderable eftatcs, difallowed the charg;es for 
 attefted copies of deeds and documenis upon record ; 
 and upon exceptions to his report on that account com- 
 ini^ on, the mafrer of the rolls over-ru^ed them, and 
 held that a purchafer was not entitled to fuch copies at. 
 the expenfe of the vendor. 
 
 In fome cafes, however, a purchafer can obtain at- 
 teiled copies even of inilruments on record. For a pur- 
 chafer is entitled to examine the abftra6l with the ori- 
 p;inal title-deeds, or with attefted copies of them : and, 
 therefore, if a vendor has not the inftrument itfelf, and 
 cannot obtain it, he is bound to procure an atteiled 
 copy of it, to enable the purchafer to afcertain that the 
 abilra(Sl is corre6l , and when it is obtained, the pur- 
 chafer is cfcourfe cntided to it on the completion 
 of the purchafe ; unlefs indeed the vendor retains 
 other eftatcs hoiden under the fame title. 
 
 In a cafe before lord Rosslyn, where there was an 
 agjeement that the vendor Ihould produce the original 
 tiUe-deedS; his lordihip conftrued it, not only as an en-
 
 A a R £ E jM E N T. 33 
 
 *^aj^en\cnt to produce llic title-deeds, but as a negative 
 ilipulation, that lit; liiould not give atlclled copies. 
 
 Tills was certainly pre funiine:; a great deal. Lord EI- 
 don has llnce thouLi,ht that the prelVure of the itanip 
 duties led to that decifion ; and it is probable that a fi- 
 milar cafe would now receive a dilFerent determination. 
 
 Where a purchafcr cannot claim the title-deeds, it 
 is of great importance to iiim to obtain attcfted copies 
 of them. But atteiled copies arc not of themfelves fuf- 
 ficient fccurityto a purchafcr, as they are indeed mere 
 walle- paper again R ilrangers, and cannot be ufed upon 
 an ejectment, unlefs, perhaps, as between the parties 
 themfelves- Therefore, in order to enable a purchafcr 
 to efteclually manifeft and defend his title and pofles-- 
 iioR, he is alfo entitled, at the expejife of the vendor* 
 to a covenant to produce the deeds themfelves, at the 
 expenfe of the p'lrchafer ; which (liould in moll caft^s 
 be carried into effect by a feparate deed. And where a 
 vendor retains the deed by which the eftate he is felling 
 was conveyed to him (which is moitly the cafe when. 
 it relates to other eftates), it feems advifeable for the 
 purchafcr to require a memorandum of hiii purchafc tc» 
 be endorfed on fuch deed . 
 
 It ma}' be here remarked, that although a purchafcr 
 of part of an eflate has taken a covenant for tbc produc- 
 tion of the deeds, yet if they afterwards come into his 
 polfeffion by accident, no perfon can recover them fron^ 
 him who has not a better rijHit to them than he has. 
 
 o 
 
 SuppoOng a purchafcr to be entitled to the cuftodv 
 
 of the deeds themfelves, yet if any of them be loft, and 
 
 the vendor can deliver over copies which would be 
 
 admitted as evidence at law, the purchafcr will be 
 
 * compelled to take the title. 
 
 [ 5 ]
 
 'J4 AGREEMENT. 
 
 It frequently happens that a perfon having a covenant 
 for produ6lion of the title-deeds to his ellate, fells only 
 partoftheeflate, and retains his purchafe deeds, and 
 the covenant to produce the deeds ; and in fuch 
 cafes it is the pra6lice for the vendor to enter 
 into the ufual covenant for produc\ion of the ti- 
 tle-deeds in his pofiefiion, which of courfe would in- 
 elude the original covenant to produce the deeds. But 
 it feems that Mr. Fearnc thought that a purchafer v.'as, 
 in cafes of this nature, entitled to require the vendor to 
 covenant for the produ6lion of the deeds to fuch an ex- 
 tent as the covenant in the vendor's poifefTion entitled 
 him to the produaion thereof, unlefs he could procure 
 a new covenant for that purpofe, from his grantors to 
 the new purchafer ; but that fuch covenant from the 
 vendor fhould not be enforced, in cafe he produced the 
 original covenant to produce the deeds, when it fliould 
 be required to defend the purchafer's title. 
 
 It is not unufual to infert a provifo in a deed of cove- 
 nant to produce title-deeds, for determining the cove- 
 nant, in cafe the vendor fell the part of the eflate re- 
 tained by him, and procure the perfon to whom the 
 eilate is fold, and the title-deeds are delivered, to enter 
 into a fimilar covenant with the firft purchafer, for pro- 
 du6lion of the title-deeds. 
 
 There are few cafes in which judgments fhould not 
 be fearched for on the part of the purchafer ; and if 
 there is any reaibn to fufpect the vendor, it is abfolute- 
 ly necelfary to fearch immediately before the convey- 
 ance is executed, left any judgments may have been 
 entered up during the treaty. Although if any judg- 
 ments arc entered up after the purchafe-money, being 
 an adequate confideration, is actually paid, equity 
 would relieve the ])urchafer, againft the judgments, 
 jiotwithftanding that they were entered up previouily
 
 AGREEMENT. 3:^ 
 
 to the execution of the conveyance ; the vendor being*^ 
 in equity, only a trullcc for the purchafer, and a judg- 
 ment being merely a general lien, and not a fpecilic 
 lien on the land : and this equity prevails, whether the 
 judginent creditor had or had not notice of the cou- 
 tracl. 
 
 It foems advifcable to aflv the vendor, or his attorney, 
 whether there arc any encumbrances which do not ap- 
 pear on the abftra6l ; for if he anfwer in the negative, 
 the fearch for judgments may be pollponed until im- 
 mediately before the execution of the conveyance ^- 
 and if there are an}- judgments, and the purchafe can- 
 not be completed on that account, the purchafer can 
 recover all his expenfes from the vendor. But it does 
 not feem perfe6lly clear, that the purchafer would be 
 entitled to recover die expenie of the conveyance, un- 
 lefs he had inquired after, or fearched. for encumbran- 
 ces before it was prepared. 
 
 It is ufual to fearch for judgments againil a vendor, 
 only from the time he purchafcd the ellate ; but this 
 practice is not correal, as judgments bind after pur- 
 chafed lands, and v. ill confequently affect fucli lands 
 even in the hands of a purchafer. 
 
 Judgments do not, it feems, bind leafehold eflatcs 
 till writs of execution are taken out upon them, and 
 delivered to the fhcriff. And yet, upon purchafe of a 
 leafehold eftate, judgments muft be fearched for ; be- 
 caufe the Iheriif will not permit his office to be fearch- 
 ed, for any writ of execution which may have bccu 
 delivered there, left the purpofes of the writ fliould be 
 defeated, by the party agalnftwhom it is ilfued abfcond- 
 ing, or removing his goods. Therefore, although the 
 judgment will not of itfelf bind the leafehold eftate, 
 yet the purchafer cannot fafcly complete his contriicl, 
 )j^herc he difcovers a jiidgment, as he cannot ba ilitiii-
 
 S6 AGREEMENT. 
 
 iied that an execution iirued upon it, has not been 
 lodged with the iherift'. \V hen we conlider how many 
 vakiable lealehold eftatcs arc daily broug^ht into the 
 market, we Ihall perhaps think that the legiflature 
 woold do well to ena61:, that writs of execution in- 
 tended to bind leasehold estates fnall be doggeted in 
 like manner as judgments, and that where the eilute 
 lies in a regifter county they Ihall be regillcred. 
 
 It may be ufeful to obferve, that if a purchafer is 
 damnified by his folicitor negle(SVmg to fearch for en- 
 cumbrances, it is clear, that he may recover at iaw, 
 againilthe folicitor, for any lofs occahoned i3y hisneg., 
 iigence. So if the chief clerk, whole duty it is to en- 
 ter up and docket judgments, negle6l to do fo, by 
 which a purchafer, who has made the proper fearches, 
 fuftains any lofs, he the purchafer, has a remedy a- 
 gainft ihe clerk by an adlion on the cafe. See Sitgden's 
 Law ofVendorSy ^c- passim. 
 
 As to encumbrances, the encumbrancer m\\^ at his 
 charge acknowledge fatisfiiction on record or alTign, 
 as the cafe may require. If this was not fo, a purcha- 
 fer after having fixed his price with the feller, miglu 
 be faddled with another year's pmchafe or more, for 
 the expenfe of conveyances ; and the more debts and 
 encumbrances the feller had charged on theeftate, the 
 dearer \^'ould be the eilate to the purchafer, 
 
 Parchafers expeft to find all thefe matters eafy and 
 clear, and if they are not fb, it's incumbent on the fell- 
 ers to inform them of the truth of the cafe, and not to 
 keep them in ignorance. A title to dower is as much 
 an encumbrance as a grant of a rent-charge to a llran- 
 ger for life, (to the amount of one third of the value of 
 the land) to commence on the f<iiiler's death.
 
 A G R L E M E N T. 37 
 
 As to tiie coils of fearching the recorcis for judp-^ 
 ments, ilatutf s, &c. if nothing- is found but u hut was 
 before difclofed to the purcluder, then the coRs ouv iit 
 to l)c !3orne by the purchafcr, for the vendor wa^ in ao 
 default. 
 
 'J'he fees to counfel fliould be paid by the purclinfer. 
 It is the practice, and to name his counfel lij'.iifelf. 
 
 The expcnfe of makin,^ the abflracl belon^'s a]"o to 
 the purchafcr : He employs tlierein his own lolici'or, 
 who takes fuch methods to lay a pi'oper expolition of 
 the ftatc of the title before the coiinfel, :.s he fees U'-yil 
 conducive to the inlerefl of his client. 
 
 As to the procurino^ the tide deeds to be lor.t, in or- 
 der to be laid before coiiniel, the expcnfe of that, 
 if any^ mull lie on the vendor, wliulc bufmefs it is 
 to flievv the deeds, and produce every thing that tends 
 to evidence the title. 
 
 Conveyances that are acciirateh' drawn, generally 
 contain a s^rant of all deeds, exidences, and writings, 
 touching the premifes, and true copies of all fuch other 
 deeds, &:c. as concern the premifes, jointly v. ith any 
 other lands ; fuchco])ies to be taken at the expenfe of 
 the purchafer, his heirs and aiho-ns. The precedent 
 books are all to that cffed^ for thcfc laft 100 years, and 
 it is the praclice, tliough fometimes this falls very 
 heavy on the purchafer. 
 
 A'. B. Sometimes this dlftin61icn — That, in cafe the 
 vendor choofes or is under a neceflity to keep back 
 part of the title deeds, in that cafe, he miift give copies 
 of fuch deeds as are neccUary to make out his title at his 
 own expenfe ; but if the purchafcr takes part of the ti- 
 tle deeds, and fhould afterwards have occafion for co- 
 pies of any other of the deeds from the vendor, thcfe 
 copies muft be at the purchafer's expenfe, Sec 1 7/7/- 
 liams" CoH'veyancing, oo.
 
 38 A G R E E M E N i . 
 
 For building a House, tsV. . 
 
 Be it remembered. That on this (lay of it 
 
 is agreed between James Meade of , and Setb 
 
 Doan of , in manner and form following, to wit, 
 
 I'he faid Setb Doan for the confidcrations herein after 
 mentioned, doth for himfelf, his executors and admi- 
 niftrators, covenant, prouiife, and agree, to and with 
 the faid James Meade^ his executors, adminiftrators 
 and alTigns, that he the faid Seth Doan^ or his afiigns, 
 fhall and will within the fpace of nine months next af- 
 ter the date hereoi^ in good and workmanlike manner, 
 
 and according to the beft of his art and Hull, at -, 
 
 well and fuljftantially ered, build, fet up, and finifi-j, 
 one houfe or meffuage according to the draught or 
 fcheme hereunto annexed, of the dimenfions following. 
 
 And to compofe the Umie with fiich ftone or brick, 
 timber, and other materials, as the laid James Meade, 
 or his afligns, fiiall lind and provide for the fame : in 
 confideration whereof the {-aiA James Meade ^ doth for 
 himfeir, his executors, and adminiflrators, covenant 
 and promife to and with the faid Seth Doan, his exe- 
 cutors, adminiftrators, and affigns, well and truly to 
 pay or caufe to be paid, unto the faid Setb Doan, his 
 
 executors, adminiftrators, or aligns, the fum of 
 
 dollars in manner following, to wit, dollars part 
 
 thereof at the beginning of the faid work, dollars 
 
 more, another part thereof, when the faid work fliall 
 be half done, and the remaining — — dollars in full 
 for the faid work, when the fame fliall be completely 
 fmiihed : And a!fo that he the f.iid Ja7nes Meade, his 
 executors, adminiftrators, or afligns, fliall and will at his 
 and their own proper expenfe find and provide all the 
 ftone, bricks, timber, fhingles, and other materials, ne- 
 celTary for making and building the faid houfe. 
 And for the performance of all and every the articles 
 arid agreements above mentioned, the faid James
 
 AGREEMENT. 39 
 
 ^leade and Seth Doan^ do hereljy bind thcmfelves, 
 their executors, admiiiiilrators, and afligns, each to the 
 
 otlicr in the penal i'uni oi" , firmly by theic pre- 
 
 feutb. In vvitnelb, Ike. 
 
 Tu pull clo-ivtL an old Farm House ^ and build a 7100 one. 
 
 Articles of agreement made, &c, between Williani 
 Love, of, &c. efquire, of the one part, ami ddam Fain^ 
 of, &c. carpenter, of the other part, as followeth, that 
 is to fay. The {\\\i\Ada77i Pain^ for liimfelf, his execu- 
 tors and adminillrators, doth covenant, promife and 
 agree to and Avith the faid JVilliam Love, his heirs, 
 executors, adminilbators and afligns, as foUowctb, that 
 is to fay, that the faid Ada?n Fain, his executors, ad- 
 minillrators or workmen, ill all and will forthwith, for 
 the conlideration herein after mentioned, »t his, their, 
 fome or one of their proper cofls and charges, pull 
 down one old farm-houfe at Paxton, in the faid coun- 
 ty of Z)<2z//jy6i/z, now in the tenure of David Humes, 
 yeoman, tenant to the faid William Love^ j\nd alfo, 
 that he the faid Adam Pain, his executors or admini- 
 flrators, Iball and will, at his or their own charges, 
 well and eHecUially erecl, build, complete and fmilh, 
 fon or near the ground where the old farm-houfe now 
 Hands or lately lloodX one good and fubflantial new 
 farm-houfe, according to a plan or draught hereunto 
 annexed^ and with fuch materials, thicknefs of walls 
 and fcantlings of timl)er, and with iiich window s, pave- 
 ments, and conveniences, and in fuch manner and form 
 as is herein after Ibpulated and exprelfed, that is to 
 fay, the firfl; llory to be nine feet high in the clear, the 
 fecond llory to be nine feet high in tlie clear, the gar- 
 rets to be fix feet fix inches high in the clear ; the 
 foundation of the houfc to be one foot lix inches deep 
 below the fdl of the front door, the laid foundation to be 
 two bricks thick to the top of the parlor floor ; the
 
 40 A G R £ £ M E N f- 
 
 foundation next to the vvafh-houfe and cellar to be tWQ. 
 feet deeper, by reai'oa of liiiking the faid cellar lower 
 tlian the hoiiie : the vvallb of the houfe to be one brick 
 and hall thick from the groinid to the plate of the roof, 
 or top of the i^arret iloor, the gable end'j on each tide 
 of the chiniaey to be one brick thick in the garret floor; 
 the roof to be covered with good pine lliingles, laid 
 on heart-laths of oak ; the kitchen and pailage to be 
 paved with good iiaid weii burnt ilock bricks ; the par-^ 
 lor to be boarded with }eLiovv' pnie free from fap, and 
 laid on good iound grouiid joiils of oak ; to wainfcot 
 the parlor with fquare pine plank wainfcot, with Ihut- 
 ters to the winclou.s in the faid parlor and kitchen ; to 
 make a good liibftantial partition between the paifage 
 and kitchea of pine plank, with a framed door to the 
 faid partition ; lo line the jambs of the kitchen chimney 
 with whole pine, with a Ihelf, and a pair of fp it racks 
 over the foid chimney : to put up a dreifer with three 
 Ihelves in the faid kitchen ; to make the outlide door-^ 
 cafes of oak fcantling feven inches by five inches, with 
 Urong pine doors, glewed, legged, and battened ; to put 
 on a good lock and key and two iron bolts to each out- 
 fide door ; all the window frames to be made with oak 
 fills, the reil of the faid frames of yellow ])ine free from 
 fap, the fcandings four inches by three inches ; all the 
 girders of the faid building to be twelve inches by nine 
 inches: all the joifts to be feven inches by thr-ee inches; 
 the rafters pf the roof to be five inches by three inches ; 
 all the faid joifts and rafters to be laid not to exceed 
 thirteen inches afunder ; to lay all the floors in the 
 chambers and garrets with yellow pine free from fap ; 
 to make all the Heps of the flairs of whole pir.e free 
 from fap ; to enclofc all the chambers with good fub- 
 ftantial partitions of yellow pine, with framed doors 
 in the faid partitions with one i-on latch to each inhde 
 door of the houfe : to put a good pine ikirting round 
 the rooms of eight inches w ide to prevent the \valls from
 
 AGREEMENT. 41 
 
 break i n j^ ; to line the jambs of the chimnies with pine 
 plank, with a UrU' u\er each chimney; to lath and 
 ])laiiler all the cieiing and garrets, and render all the 
 brick walls and vvhiteii the lame , to put in twelve good 
 fafiies of pine or well lealbiied ^\■amut, with neat pine 
 eatings; each window to contain twenty -four lights, 
 of eight by ten inches each ; to put good clear glals 
 in the fai(l iaihes, well fecurcd with putty; to put a 
 handfome {)inc cornjili nndcr the front eaves of 
 the houfe ; to do all the outlide painting three times 
 in oil, and to do all the inlide painting, as wainfcot and 
 partitions and chimney-pieces. &.C. once in iize and 
 twice in oil; to build a cellar and pantry and brew^- 
 I)oufe, as the faid plan or draught hereunto aimexed 
 directs, with three rooms over the lame ; the pave- 
 ment of the brew-houfe and cellar to lie two feet fix 
 inches below- the floor of the houfe ; the foundation of 
 brick-work to be carried up three feet high, and one 
 brick and a half thick ; the upper part of timber, and 
 pancd with brick, the timber for the faid brick paning 
 not to exceed two feet afunder from each other, a fun- 
 nel of brick work to be carried up, in order to hani; a 
 copper under ; to make three rooms over the faid cel- 
 lar and brew-houfe and pantry, and board the faid 
 three rooms w ith old boards, if there ihall be enough 
 that are good and found ; if not, then to make good 
 what fliall be wanting with new boards ; to plailler all 
 the cielings and walls of the faid rooms, and to put up 
 one whole pine dreficr and fix w^hole \m\ii Inelves in 
 the pantry ; to make the roof of the laid three rooms of 
 the fame fcantlings as the roof of the dwtHing-hoiife, 
 and to cover the fame as the faid houfe is to be cover- 
 ed ; to do all carpenters, bricklayers, plumbers, gla- 
 ziers, plaiRerers, fmidis, and painters work, in good, 
 fubllantial, and workman-like manner, according to 
 the plan or draught hereunto annexed , and alfo,that he 
 the hid, d da ??j Pii in, his executors or udminiihAtors, 
 ^ ^' C 1
 
 m AGREEMENT. 
 
 •fhall and will well and effectually build, complete ant! 
 iinifh the ftiid iarm-houfe, and all other the work here^ 
 by undertaken and agreed to be built, finilhed and 
 completed, in manner and form, and according to the 
 method hereby, and by the laid plan or draught here- 
 unto annexed, prefcribtd, agreed and exprefi'ed, on or 
 
 before the — day of — — next enfuing the day of 
 
 the date of thefe prefents ; in coniideration whereof the 
 faid JFilliam Lo'ue^ for himfeif, his heirs, executors 
 and adminiilrators, and every of them, doth covenant, 
 promife and agree, to and with the faid Adcwi Pain^ 
 his executors, adminiilrators and alTigns, by thefe pre- 
 fents, that he the faid Williain Lo'ue^ his executors or 
 adminiilrators, fliall and will well and truly pay, or caufe 
 to be paid, unto the faid Adam Pa'in^ his executors, 
 adminiilrators or alTigns, the fum of, &c. in manner 
 
 following, that is to fay, the fum of dollars part 
 
 thereof, at the laying of the chamber floors of the faid 
 
 lioufe ; the fum of dollars other part thereof, at the 
 
 covering in of the faid building, and the fum of 
 
 dollars other part thereof, at the carrying up all the 
 ilairs, and laying all the floors and pavements, and giaz • 
 ing and enclofmg the faid building ; and the fum of 
 
 ' dollars, relidue of the faid fum of ■^ dollars, 
 
 within twenty-one days next after the faid new farm- 
 houfe iliall be completed and finifhed ; and all other 
 work hereby undertaken and agreed to be performed, 
 finiflied and completed, Ihall be fo performed, finiHied 
 and completed, in manner and form, and according to 
 the true intent and meaning of thefe prefents. And 
 lallly, it is hereby farther agreed by and between the 
 faid parties hereto, that it fliall and may be lawful to 
 and for the faid Adam Pain to have all the materials, 
 of what fort or kind foever they are, that are now, 
 or lately were Handing in the faid old farm-houfe, to be 
 fully and wholly the property of him the Hiid Adam 
 Fain^ to have liberty to make ufe of all fuch of the faid
 
 AGREEMENT. 43^ 
 
 old' materials as fliall be found and pjood, and fitting to 
 life again in the faid now intended building. And to 
 the intent that the utmoll ol" the charge of the above 
 mentioned building may be fully knoun, and ttiat the 
 
 expenfe need not exceed the fuvn of dollars, it is 
 
 hereby agreed by both parties, that no verbal orders or 
 agreements given or made by either party, in any cafe 
 whatfoever, lliall be any m ays binding to each other 
 (except fuch i)articular Ihall be under the hand and 
 fcal of fuch of the faid parties as Ihall make any altera- 
 tion in the aforegoing articles*. And lallly, it is fiir- 
 ther agreed between the faid parties, that if any difpute 
 fliall arife relating to the performance of the aforego- 
 ing articles, that the fame ihall forthwith be left to the 
 determination of two indifferent perfons, the one to be 
 named by the faid IVilliam Love^ and the other by the 
 faid Adam Pain, as arbitrators, or to fuch umpire as 
 ihall be chofen by the faid arbitrators in cafe of their 
 difagreement ; and what award or umpirage Ihall be 
 made and given up in writing under their fevcral hands 
 and feals, if fo required, Ihall be final, provided the 
 fame be fo made within fourteen days after the faid 
 perfons fhall be fo named and choien as aforefaid. In 
 witnefs, &.c. 
 
 For sale of an Estate. 
 
 Articles of agreement, indented, made, coftcludcd 
 and agreed upon, the tenth day of Ko'vember, in the 
 yearof our Lord one thoufand eight hundred and te/i^ 
 between Abel Adams, of, &c. yeoman, of the one part, 
 and Caleb Drew, of, &c. merchant , of the other part, 
 as follows, to wit. 
 
 The laid Abel Adams, for the confideration herein 
 after mentioned, doth, for himfelf, his heirs, executors 
 ^ndadminiilrators, covenant, promlli:, grant and agree,.
 
 44 AGREEMENT. 
 
 to and with the faicl Caleb Drex), his heirs and affigns, 
 bv thefe prefents, that he the faid Abel Adams, Ihall 
 and will, on or before the //-.sf day oi May next cnfu- 
 ingthe date hereof, at the proper coils and charges of 
 thefliid Abel Adams ^ his heirs and alfigns, by inch 
 deed or deeds of conveyance, as he or they, or his or 
 their counfel learned in the law, Ihall advifc, well and 
 fiifnciently grant, convey and afliire, unto the faid Ca- 
 leb Drew, his heirs and aftigns, in fee fimple, clear of 
 all encumbrances, all that, ^c. 
 
 In confideration whereof the faid Caleb Drcnu for 
 himfelf, his heirs, executors and adminiftrators, doth 
 covenant, promife and a^ree, to and with the faid Abel 
 Adams, his heirs and afiigns, bv thefe prefents, that 
 he, thcfoid Caleb Drew, his heirs, executors and ad- 
 miniftrators, or fome of them, fliall and will well and 
 truly pay, or caufe to be paid, unto the lliid Abel A- 
 dams, his executors, adminiftrators or aftigns, the fum 
 oififceen hundred dollars, in manner following, to wit. 
 Jii}e hundred dollar s,\i2ixX. thereof, on the delivery of the 
 
 deed ibr the premifes ; dollars more thereof, on 
 
 t\\&Jirst day of May, which will be in the year of our 
 Lord one tfioufimd eight hundred and ek'ven, ^c. 
 
 And for the true performance of all and every the 
 covenants and agreements aforefaid, each of the faid 
 parties bindeth himfelf, his heirs, executors and ad- 
 Tniniftratars,unto the other, his executors, adminiftra- 
 tors and afrin:ns, in the penal fum o^ three thousand dol- 
 lars, firmly by thefe prefents. In witnefs whercof,the 
 faid parties to thefe prefents have hereunto inter- 
 changeably fet their hands and feals. Dated the day 
 and year ftrft afore written, 
 
 JCT' Where an eftate has been in a family for a long 
 time, or the title has not been recently inveftigated, it 
 might be advifeable for the owner to have an abftraj!:!: 
 offeis title fubmitted to counfel, and any objeiStions
 
 A C R K E M E N T. 45 
 
 which occur to it, cleared up previoufly to a contra6l 
 being entered into for i;ile oi' the eltate. By thispre- 
 CiiLitioii the vendor w ill a\oid any delay on Jiis part, 
 v\ hich inii^ht impede the I'ale from bein^- carried into 
 ciftc\ by the lime illpulated ; and will, in manv cafes, 
 be preierved the eivptrnfe necellarih attending tedious 
 difcLiflions of a title. Another advantage of this mea- 
 I'urc is, that if there lliould be any dtiecl in the title, 
 vrhich cannot be cured, it would only be knov.n to the 
 agents and counfel of the vendor, which is of the iit- 
 nioil importance ; for, it frequently happens, that a de- 
 fc6t in a title, by being cJifcovered to perfons, not con- 
 cerned for the vendor, comes to the knowleds:e of the 
 perfon intcrefled in taking advantage of it, by which 
 Many titles have been diiUirbed. Si.gdai 10. 
 
 Another. 
 
 Articles q£ agreement had, made, concluded and 
 
 agreed upon this day of , in die } ear of our 
 
 Lord , between Adam Abtl, of , of tiic one 
 
 part, and John Bell, of , of the other part. 
 
 Firft, the fuid Addm Abcl'm confideration of the fum 
 nf one thousand dollars to him in harid paid by the 
 in\d Joh?i Ih'll, at or before the Icaling and delivery of 
 thefe prefents, and of the further fum of iivo ihousmid. 
 dollars^ to be paid as herein after is mentioned, doth 
 hereby for himfelf, his heirs, executors and admini- 
 itrators, and every of them, coAcnant, promife and 
 agree to and with the laid John Hell, his heirs, execu- 
 tors and adminiftrators, and every of them by dicfe pre- 
 fents, that he the faid Adam Abel, his heirs and afiigns, 
 
 and all and every other perfon and perfons whomfoever, 
 daiming or to claini any right, title, or intereft 
 
 jnder him or any other perfon or perfons whomfoever, 
 of, in, or to the and premifes hereafter mention-
 
 46 A G R E E M E N 1 
 
 ed) (hall and will at the proper cofts and charges of the 
 laid John Bell, his heirs and afligns, (except fees to 
 
 counfel, on or before the day of nextenfu- 
 
 iag, by fuch conveyances, affurances, ways and means, 
 in the law as he the faid J&bn Bell, his heirs or alTigns, 
 or h';s or their counfel ihall reaibnably devife, advilc 
 Oi- require, well and fufficiently grant, fell, releafe, 
 convey and aiVure to the faid John Bell and his heirs, 
 or to whom he or they (ball appoint and direct, all 
 that, Sec. htuate, &c. now in the tenure or occu- 
 pation of Thomas Mcadouos, or his alligns, with cove- 
 jiaiits to be therein contained, that the faid premifesat 
 the tune of fuch conveyance, is free from all encum- 
 biauces * and demands whatfoever, [^except, cf^:.] and 
 ai! other ufua! and reafon able covenants. In confide-. 
 ration whereof, the Hiid John Bell for himfelf, his heirs, 
 executors, adrmnillrators and alfigns, doth hereby co- 
 venant, promife and agree to and with the faid Adam 
 Abd. his heirs, executors and adminiflrators, by thele 
 prefents, that he the faid John Bell, his heirs, execu- 
 tors or admmiftrators, or fome of them, fliall and will 
 weli and truly pay, or caufe to be paid, unto the faid 
 Jdam Abel, "his heirs, executors or adminiftrators, the 
 aforefaid fum of two thousand dollars, at the time of 
 executing the faid conveyances. 
 
 And for the true performance of all and every the 
 covenants and agreements aforefaid, each of the iiiid 
 
 * Wilh the. exception of a vendor, or his agent, suppressing- an 
 encumbrance, or a defect in the title, it seems clear, that a purcha- 
 ser ciuinijt obtain relief,at>:ainsta vendor for any encumbrancc,or de- 
 fect in the title,tof\vhich his covenants do not extend ; and therefore, 
 if it purchaser neglect to have die title im estimated, or his counsel 
 ©veriouk any defect in it, he appears to be without a remedy. A 
 pui-chaser will be entitled to relief, on account of any latent defects 
 ia the eatate, or the title to the estate, which were not disclosed 
 to him, and of v/iiith lit* vendor., or his agent., was aware, ^'^i^---- 
 dm 7.
 
 AGREEMENT, 4l 
 
 parties to thcfe prcfents dolh hereby bind himfclf, his 
 heirs, executors and aiiigns, in the pcnul luni oi' six 
 thousand dollars. 
 
 In witnefs whereof, the faid parties to thefe prefents 
 have hereunto fct their hands and feals, the day and 
 vcarfirll above written. 
 
 •Sealed and dehvered, &c. 
 
 Atiotber. 
 
 Articles of agreement, indented, made, concluded 
 
 i!id agreed upon the day of , in the year of 
 
 our Lord , between Anthony J^roivn, of, Wc. of 
 
 the one part, and Conrad D'lce^ of, fe'c, of the other 
 part, as folio weth : 
 
 Firft, The faid Anthony Broivn^ in confideration of 
 the funi of twelve hiindrtd dollars of lawful ntoney of 
 the United States, to be paid as is herein after men- 
 tioned and agreed, doth covenant and agree with the 
 laid Conrad Dice^ that he the faid Anthony BroiDiz 
 ihall and w ill, at the proper cofls and charges in the 
 law, of the faid Conrad JJice, on or before, csV. next 
 '■nfuing, by fuch conveyances, ways and means in the 
 I nv, as the couiifcl of the faid Conrad Dice ihall rea- 
 onable advife, devife and require, well and fufficiently 
 grant, con\ey and aifure to the faid Conrad Dice, his 
 heirs and ali.gns, or to whom he or they lliall appoint, 
 and to fuch ufes as he or they fliall diredl:, all those 
 viessuages, b'f. 
 
 And the faid Conrad Dice for himfelf, his heirs, ex- 
 ecutors and adminiftrators, doth covenant, promife and 
 grant to and w ith the faid Anthony Jhown, his heirs 
 and alTigns, that he the faid Conrad Dice ihall and will, 
 on executing the laid conveyance or conveyances, pay 
 or Cfiiilc to be paid to the laid Anthony Bro'Gjn, his
 
 48 _ A G K E E M E N T- 
 
 heirs or affigns, the faid fum o( tivche hundred dollars ^ 
 as and for the piuchaie money for the laid messuage 
 and premifcs ubo\e mentioned. 
 
 And it ib further agreed b}^ and between the faid par^ 
 ties to thefe prefents, that the faid Conrad Dicu^ his 
 heirs andafligiis, ihall and may on or before, feV. next, 
 enter into and upon tine iliid messuage and premifes, 
 and from thence receive and take the rents, iffues and 
 profits thereof, to his and their own ufes. 
 
 And lallly, for the due performance of all and fmgu- 
 lar the covenants and agreements aforefaid, the faid 
 Anthony Broivnm^d Conrad Dice ^ do bind themfelves, 
 their heirs, executors and adniinidrators, each to the 
 other, his executors, adminiftrators and ailigns, in the 
 penal fum of Mi' thousand four hundred dollars of 
 lawful money of the United States, firmly by thefe 
 prefents. In witnefs whereof the faid parties to thefe 
 prefents have hereunto interchangeably * fet their 
 hands and feals, the day and year abo\e written. 
 Sealed and delivered 
 in the prefencc of 
 
 %\J^ Where diflicullies arife in making out a good 
 title, the purchafer fliould not take pofiefTion of the 
 eftate, until every obflacle is removed. Purchafers 
 frequently take this ilep, under an imprelfion, tluU it 
 gives them an advantage over the vendor ; but this is 
 a falfe notion ; fuch a meafnre would, in moll cafes, be 
 deemed an acceptance of the title. 
 
 If, however, the objections to the tide be remedia- 
 ble, and the purchafer bedehrous to enter on the eftate, 
 he mav venture to do fo ; provided the vendor will 
 fign a "memorandum, importing that the poiTeffion ta- 
 
 » Wherx this word is inserted, it sllo^vs there ought to be two parts.
 
 A G R E E M E N T, 49 
 
 ixcn by' the purchaier, fliall not be deemed a waiver of 
 the objeiitionisi to ihe i.ilk^ 
 
 And a purchafer may Tafely take poffeflion of tiie 
 elhite, at tlie time the eoiitract is entered into, as he 
 cannot be held to have waived objeclions, ol uhieh he 
 was not auiire ; and if the purchal'e cannot be con^p^et- 
 ed o'.i acconnt of objections to the title, he will not be 
 bound to pay any rent for the eitate, uniefs the occu- 
 pation of ic has been beneficial to him. See Siigdcn 9. 
 
 For sale of Household Goods, bV. as they shall he 
 appraised. 
 
 Articles, Sec. between Ann Rose, of, &:c. and Beii- 
 ■amin Wlnsh'ip^ of, 8cc. 
 
 It is hereby mutually covenanted and agreed by and 
 between the parties to thefc prefents, that all and fm- 
 gular the houfehold goods, utenfils and implements 
 of houfehold furniture, which are the property of and 
 belong to her the faid Ann liose, and now are about 
 or belonging to a mefiuage now in her occupation, 
 called, Sec. ihall at the joint and equal charge of them 
 the faid parties, be appraifed and valued by Conrad 
 ffise kind Daniel Little^ (being twoperfons chofen by 
 the faid parties as appraifers for that purpofe) on or be- 
 fore the tenth day of this instant, on or before which 
 day they the faid appraifers (hall in writing, bv them 
 ligned, give their valuation of the faid g'oods to the laid 
 ])arties hereto ; and in cafe the faid apjjraifers ftiall dif- 
 fer in fuc^h valuation, then they ihall ele<!:\ and choofea 
 third (kilful indifferent perlbn, as an umpire to deter- 
 mine and value the fame, whofe valuation thereof with- 
 in three days next after his ele6\ion ihall be conclu- 
 live and final therein to each of the faid parties thereto, 
 io 'A^ fuch his valuation be bv him then figncd and giv- 
 
 [ 7']
 
 50 A G R E E M E N T 
 
 en, or tendered to the fakl parties. And the faid Arm 
 Ruse doth hereby covenant with the laid Benjamin 
 IVinship^ that llie the faid Ami Hose (immediately after 
 fuch valuation mad€ by the faid appraifers or umpire of 
 the faid goods) fliall and will make an abfolute bill of 
 fale, and give pofieffion of all the faid goods fo valued, 
 ■unto the faid Benjamin Winship^ at the price or ium 
 of money the fame fhall be fo appraifed and valued at 
 asaforefaid. And the faid Benjamin Winship doth 
 hereby covenant with the faid Ann Rose^ that he the 
 faid Benjamin IVinship, will accept and take the faid 
 goods at the price the fame (liall be fo appraifed and 
 valued at as aforefaid ; and that he the faid Benja?ni?i 
 JVinship^ at the time of her the faid Ann Bose''s exe- 
 cuting fuch bill of fale, and delivering him quiet pos- 
 le-fiion of the faid goods, according to fuch valuation 
 thereof, fliall and will then pay or fufficiently fecure to 
 be paid, to the faid Ann Base, the fum of money for 
 uhich fuch goods fliall be fo valued at as aforefaid. 
 And lallly, for true performance, &:c. {^Bena/ty.'] 
 In v/itnefs, &c. 
 
 I^'or bearing equal Charges in a Laiv Suit^ to he 
 brought for the recovery of an Estate. 
 
 Articles, &c. between Afatthew Broivn, of, Sec. of 
 the firfl part, Charles Dixon, of, &c. of the fecond 
 part, Bzekiel Ca?np, of, &c. of the third part, Francis 
 Barney, of, ^c. of the fourth part, Giles Goby, of, bV, 
 of the fifth part, and Henry Bodge, of, S^c. of the fixth 
 part, in manner and form following, to wit. 
 
 Whereas Thomas Snatch of, y<:. and Titus More, 
 of £s?c. have let up a claim to a certain tra61; or parcel of 
 land, founded on an entry and furvey v[\i\(\th\JohnZane, 
 of, ^c, and pretend that the bounds and limits thereof 
 do extend to, and are in and upon fon^e of the refpec-
 
 AGREEMENT. 51 
 
 tive lands of the (liid Mattheiv Brown, Charles Dix-^ 
 oil, Ezekicl Camp, Francis Barney , Giles Geby, and 
 Jrlejiry Ilodge, which iie adjacent next or near unto the 
 Aud furvey, but m luch they conceive \they haroe an 
 elder and a better title to, (?/] not to be within the 
 bounds, liniits or precin6ls of the faid furvey, by reafon. 
 Tvhereof fome or divers fuit or fuits is or are likely to 
 arlfo, be brou,s>;ht or commenced : And whereas it is 
 apjrced by and between the f.iid parties, that if any fuch. 
 action orattions, fuit or fuits be brought or commen- 
 ced a.s>;ain{t any or either of them, at any time or times 
 hereafter, that they and every of them do and ihall 
 bear and pay their refpe^tive fliares and parts of the 
 damac^es and colls thereof: Now thefe prefents uit- 
 iiefs, that the faid Matthew Brown, Charles Dixon^ 
 &c. and every of them, do hereby covenant, promiie 
 and ai^ree, to and v.ith each other, that they the faid 
 Matthew Brown, Charles Dixon, ^c. and every of 
 them, their and every of their executors, adminillrators 
 and aHigns, Ihall and will ])ay and bear their refpe(Stive 
 equal Hiares and parts of all the colls and damapi^es of 
 all and every fuch atlion and a61:ions, fuit and fuits, as 
 at any time or times hereafter ihall or may be brou.^ht 
 by or againil them, or any or either of them, lu wit- 
 nefs, ^c. 
 
 Between a Tradesman, and his Factor. 
 
 Articles, bV. between Robert Cults, of, h\-. of the 
 one part, 2ii\(\Itc7n Few, of, ^c. of the other part. 
 
 Whereas the faid Bobert Ciitts, hath contraiSled and 
 agreed with the faid Item Few, to employ him as a fac- 
 tor ill J\'ew -Orleans, for him the faid Robert CnttSy 
 for the vending, felling, and uttering of all fuch wares 
 and merchandifes, as he the faid Robert Cutis fliall 
 confign and fend unto the faid //<?/;2 Few, in his now 
 dwelling-houfc iixN'ew-Orlean:;, for aiidUuringthefpiice. 
 
 k
 
 52 A G R E E M E X T. 
 
 and term of 7?=^^ years, to commence from the da}' of the 
 date hereof : whereupon it is covenanted, Es?(:. by and 
 between the faid pai tics, and each of them the laid par- 
 ties, by and for himfeif, his executors and adminliba- 
 iors, doth covenant and grant to and with the other of 
 them the faid parties, his executors and adminlltrators, 
 in manner and form following, viz. That he the faid 
 Item Few, Ihail and will not on:y accept and take into 
 his houfe, tru': charge, and cullocly, all fnch wares 
 and merchandiles, as he the faid Robert Cutts lliail up- 
 on his account, or which ihall belong unto him, fend 
 and confign unto the {•d\CiItem Few, to be vended and 
 fold ; but alio Ihall do his bed endeavor to vend and fell 
 the fame to and for the only ufe and benefit of the faid 
 Robert Cutts, to the beft proht and advantage, and in 
 the beft manner that he the faid hem Few can or may 
 perform, and that from time to time, and at all times 
 during the faidfpace, &cc. to commence, &c. as afore- 
 faid. ' Alfo that he the faid Item Few, ihall not only 
 keep, or caufe to be kept, a juft and true book or books 
 of account and reckoning in \viiting, of all fuch wares 
 and merchandifes,as he the faid Robert Cutts fliall from 
 time to time during the iliid term, confign unto the faid 
 Item Few, and (liall fo come to his charge and cufto- 
 dy, and to whom, and at what rates and prices, and at 
 -vhat time and times the lame fliall be fold and vended 
 by him the faid Item Few, but alfo, well and truly 
 pay and deliver unto the faid Robert Cutts, his execu- 
 tors, adminifa-ators, or aifigns, all fuch monies, fpeci- 
 alties, and other things, as fliall come to the hands of 
 or (hall be received by the faid Item Few, for the faid 
 wares, &:c. during the term aforcfoid, together with 
 all fuch wares, &c. as before the fame account fiiall 
 appear to be received by the faid Ite?7i Few, and not 
 fold at the end of the fliid term. Alfo, that he the faid 
 Item F'^ew, Iball be true and faithful unto the faid Ro^ 
 hert Cutts, in the felling and vending ail wares, &c.
 
 ACRE E M E N T. 53 
 
 during the (aid term, and not defraud or defeat ti.e faid 
 liobcrt Cutis, in any oi the prcuiirtb, wilfull}-, or to his 
 hnowledgc, but ihall endeavor to \end the laid, is'c. lo 
 able men, for the bell prices and ihortefl time of pay- 
 ment, :is he eonxenientiy can. Alio, that the faid i/^;;? 
 JTt-w, Ihall not durinij the faid^i't- }ears, deal or trade 
 as factor for any other perlon or perlbns, for the buy 
 in[;-or fi-llin;:; of any wares, cs^V. but only for him liie 
 ilnd I^ubcrt CtiMs i\ti aforefaid. Alio, in coniideration 
 of which fhiiflorihip fo to be done and performed, by 
 the laid Jw??! Few, as afoielaid, he the faid Robert 
 Cults, doth hereby for hinifelf, &c. covenant, ?kc. to 
 l>iiy to him the faid Item Few, his, &c. the fum of, ccc 
 per annum, and alfo the fum of, £^c. for porterage, 
 ^nd other like charges. Ailb, that the faid Robert 
 Cutts, l])al! not at any time during the laid five years, 
 coniii^n, or fend unto the {did Item Few, any >\'ares, &:c. 
 that ihall belons^ unto any other perfon or perlbns, but 
 fuch as fliall properly belong to him the lliid Robert 
 Cntts only. In witness, £cc. 
 
 For the jnaking of Bricks. 
 
 Articles of agreement indented. Sec. between, ,Tohn 
 May, of &c. of the one part, and Obed CLiy, of, Ccc. of 
 the other part, viz. 
 
 The faid Obed Clay, for the conhderations h.ereun- 
 der mentioned* doth hereby for himfelf, his executors 
 and adminiftrators, covenant, contrail, and agree, to 
 and with the faid John May, his executors, admlni- 
 llrators and afilgns, as followeth, viz. 
 
 That he the faid Obed Clay, his executors, admini- 
 llrators, fervants, workmen, or alTigns, Huill and will 
 within the fpace of seven months, to be accounted 
 from the date hereof, at his and their own proper cofls 
 and charges, and with good and fulficient materials, 
 make or caufe to be made in the towndiip of P ----;
 
 54 A G K £ E M E N T. 
 
 for the faid John May ^ of c^ood, hard, well burnt and 
 lawful bricks, to be all of them full four inches 
 broad, full eiglu inches three-fourths long, and full 
 two inches and a halt" thick when burnt off, and at his 
 and their like charge, deliver, or caule the lame to be 
 delivered, by fuoh parcels and quantities froin tiviie to 
 time, *?t the boufe of the faid John May, at M'lddle- 
 £o--wn, -IS tht fame ihall be demanded, or occafion Ihall 
 req^fre^ for carr}dng on his buiidini^s there. In con- 
 iidesaiion whereof, thef\id Join May, for himfelf, his 
 exe€(5i:ors, adminifirators, and afiigns, doth covenant, 
 promife, and agree, to and witli the faid Obed Clay, 
 his execators, adminiftnitors and aifigns, that he the 
 laid Ja/?/? il/i7y, his executors, adminiilrators and as- 
 li^ss, fhall and will provide the ground and place 
 wherein to dig the earth for, and to make the faid 
 bricks upon, and a!fo truly pay, or caufe to be paid un- 
 to thq faid ObedClay^ his executors, adminiilrators 
 <5r alSgns, three dollars for every thouflind of the faid 
 forkks to be made and delivered as aforefaid, via; 
 ©ne hundred dollars, part thereof, after the faid Obed 
 €hy has dvn^ three weeks in the ground towards mak- 
 iii]!§^ the laid bricks, and upon the faid Obed Clay, and 
 has foil Obed Clay, jun. giving their fecurity by bond^ 
 fear the fame, till the value thereof fhall be delivered of 
 '" -^1" taid bricks, to or for the fiid John May as aforefaid, 
 ! •-■fter th.e value of the faid one hundred dollars fnali 
 .Pi' to delivered in as aforefaid, then he and they fliali 
 ajjii! will pay all the remainder of the faid money to 
 ^mv rlae as aforefiid, as the refidue of the faid quan- 
 tsty of bricks fliall be delivered in from time to time ; 
 m\ if, after the faid quantities ihall be fo delivered, 
 jQ>hn Rod, bricklayer, and John Oaks, carpenter, the 
 workmen of the faid John May, Oiall judge and declare 
 th& fiiul bricks to be bona fide worth of then- goodnefs, 
 ^^r<?^ dollars per thoufand, above the fuin before agreed 
 and mentioned ; then he the faid John May fl-udl and
 
 AGREEMENT. 55 
 
 will further pay the faicl Obcd Clay\ the fyid three dol^ 
 lars per thourand for every thoufund of the laid bricks 
 above the faid three dollars per thoufand to be paid as 
 aforefaid, \\ hen all the faid quantity Ihall be made and 
 delivered aceordmLr to the nieaninsJ; of thefe vrcTcnti). 
 [Paialties.'\ la vvjtuefb whereof, ^c. 
 
 For meat Sold. 
 
 Memorandum, It is agreed by and between Adaf?i 
 Iiye, of, C9V. aiul Daniel Web^ of, <sc. That he ihe faid 
 Daniel IFcb^ in confideration of three hundred hiilhels 
 of wheat fold to him this day by the faid jldur.i Kyc^ 
 and by him agreed to be delivered to the faid Daniel 
 Wcb^ free of all ehaiges and expenfes whaifoever, 011 
 or before £sV. next, ihall and will pay, or eaufe to be 
 paid to the faid Adain Rye^ or his alhgns, uilhin three 
 months, after fuch delivery, the fum of three hundred 
 dollars. And ihe laid Adam I\ye, m eoj.liderauon of 
 the agreement afortfaid of the faid Daniel freb, doih 
 promife and agree, on or before, ^c. afort laid, at his 
 own proper exj)enfe, to fend in and deliver to the faid 
 Daniel JFeb^ or his ailigns, the faid three hundred 
 bnlhels of wheat, fo fold 10 him as aforefaid, and that 
 he the faid Adam I'ye, ihall and w ill warrant the farn^^ 
 to be good, elean and merchantable grain. In witntis, 
 
 Metwecn a Master and O'verseer about the manage- 
 iiient of a Farm. 
 
 Articles, ^c. between Abel Pain, of, tV. of the one 
 part, [iwdJohn Speck, 8kC. of the other part, as iollow- 
 cth, viz. 
 
 ^\hereas the faid Abel Pain hath agreed v/ith and 
 hired the fa^d John Speck, to be his overieer lor the
 
 56 A G R E £ M E N I 
 
 well ordering', improving and maiicsging for the bcil 
 and rnoll profit and advantage of the ^did Abel Pain ^ in 
 e-Qod hnfDand-like manner as herein alter is mentioned. 
 all that farm, m-elTnage or tenement, barns, llables, 
 out-lioi;fes, lands, meadows and pafUire ground, with 
 the appurtenances thereunto belonging, now in the te- 
 nure or occupation of the faid Abel Fain^ iituate lying 
 and being in Faxton., and commonly called or known 
 by the name of Finn's FoUy^ for the term of <77z<? year 
 from the //r^/ of April next coming after the date here- 
 of, and fo from year to year afterwards for and during 
 the term of rzt'o years more, if he the faid Abel Fain 
 fliall think fit to ente.rtain the faid John Speck in his 
 faid fervice, and not otherwife, at and for the yearly fa- 
 lary or wages of three hundred dollars, payable quar- 
 terly as herein after is mentioned : Now it is thereup- 
 on covenanted, granted, concluded and agreed, by and 
 between the faid parties to thefe prefents, for them • 
 felves, their executors, adminillrators and affigns, in 
 manner and form following, that is to fay, the laid John 
 ^■/^(^cy^forhimfelf, his, Sec. doth covenant, &:r. to andwith 
 the faid Abel Fain, his, Scc. by, g^x. that he the fiud 
 John Speck, fliall and will with the affiflance hereinaf- 
 ter covenanted, to be afforded to him by the faid Abel 
 Fain, in a good hufband-like manner, and at feafona- 
 ble times in the year, from time to time during fo long 
 as he lliall continue in the faid fervice of the faid Abel 
 Fain, well and fufficiently plough and keep in tillage 
 
 the number of acres, little more or lefs, parcel of 
 
 the farm aforefaid, every year yearly, and fliall and will 
 
 leave acres thereof, to be laid ftillow every other 
 
 year, and plough the fame acres three times be- 
 fore it be fowed again ; and fhall fow or plant the re- 
 maining acres at feafonable times in the year with 
 
 fuch corn and feed as the faid Abel Fain, his execu- 
 tors or alligns, fhall from time to time direft and ap> 
 point ; and the fame fo fown or planted ihall in good
 
 A G R E E M E N T. Si 
 
 hufband-Iike manner liiirrow or plough : And that 
 he the faid Ju/jn Shcck, with tht: workmen to be 
 furniihcd him by tiie laid Abel Pain^ Ihall, from 
 time to time, durmg the term of three years, or fo long 
 thereof as he iliall remain in the faid fervice of the laid 
 Abel Pain, at fuafonable times in the year, in a good 
 hulband-like manner gather, hufk and crib all the eorn, 
 and reap, cut down, hik! (hock all the grain that ihall 
 ftaiid, grow, or be in or upon the faid farm, or any 
 part thereof, and do all other things that Iball be con- 
 venient for making the lame iit to be houfed, and ther* 
 Ihall fetch m and lay up the fame in the barn belong- 
 ing to the farm : And alfo, wcil and fufficiently repair, 
 maintain, leep and amend the fences and enclo- 
 fures of or belonging to the faid farm and premifes, 
 in, by, and wich ail needful and neceifary reparations 
 andamendmenisduringtlK'faid term: And fliallandw ill 
 manure all the meadows of the faid farm from the lirit 
 day of April to the twenty- fi'-ft day of June, or fomuch 
 longer every year during fo long of the f.iid term- of 
 three years as he fhall contnuie in the faid feivice of 
 the f lid Abrl Pain^ his executors or afiiii-ns, as Ihall be 
 convenient for hay : And ihall and will alfo, atfcafon- 
 able tmies in the year yearly, duriiig the H'id term in 
 good and hufband-Iike manner, mow all the faid mea- 
 dows, and in liUe manner make up all the hay, and 
 fetch and carry ir from the faid meadow to the yard be- 
 longing, to the faid farm, and there lay it up in a ihick 
 or flacks : And iliali and w ill lay ail the dinig, foil and 
 compofl, that fhall be made in or about the yards and 
 out-houfes belonging to t;he faid farm, and fuch other 
 dung and foil as ihe faid AbclPahi fliall buy or provide 
 for that purpoie, to and upon fuch part of the lands 
 and grounds of the faid farm as the iWK]Abel Pain or his 
 executors or afa,^ns, lliall f om time to time dire<f\ and 
 appoint ; and at feafonabie times in the year ihall there 
 fprcad the lame ; And ihall alfo go with the team of 
 
 r 8 1
 
 58 AGREEMENT 
 
 the faid Abel Fain, to the highways, from time vo titiie 
 nhen lawfully required, there to repair and amend the 
 fame, and at all other times, do and perform all fuch 
 works and bufuiefs with the faid team as the laid Abel • 
 Pain fhall from time to time reafonably order, think 
 fit and appoint : In confideration of all which premi- 
 fes, he the faid Abel Pain, for himfelf, his executors, 
 adminiftrators and alTigns, doth covenant, grant and 
 ap-ree, to and with the faid John Speck, his executors 
 and afligns by thefe prefents, in manner and form fol- 
 lowing, that is to fay, that he the faid Abel Pain, his- 
 executors, adminiftrators or afligns, fliall and will well 
 and truly pay, or caufe to be paid, unto the faid Johri 
 Speck, the faid yearly rent, fum orfalary of three hun- 
 dred dollars, during fo long of the aforefaid term of 
 three years, as he the faid John Speck fliall continue 
 in the faid fervice and employment of the faid Abel 
 Pain, on the four quarterly days, that is to fay, on the 
 firftdays of April, July, O6\ober and January, in equal 
 portions, and iliali during the fame time allow him to 
 occupy with his family, the following premifes, viz, 
 
 ■ ; and fliall moreover furnifh him with workmen 
 
 of the following defcriptions, viz. , to be under 
 
 his control and dire6\ion for the purpofes herein before 
 particularly mentioned. In witnefs whereof, Sic. 
 
 Benoeen an Attorney, and his Clerk, 
 
 Articles of agreement, indented, covenanted, con- 
 firmed and agreed upon,* between Thomas Baxter, of" 
 the city oi Trenton^ and ftate oi New -Jersey, attorney 
 at law, of the one part, and Riley Bob, of the fame place^ 
 yeoman, and Absalom Bob, fon to the laid Pdley Bob.^ 
 of the odier part, as follovveth, viz. 
 
 The fliid Thomas Baxter, in confideration of the 
 fum Q^ Ji'uc hundred dollars, to him now paid by the
 
 A G R E E M E N T. 59 
 
 hid JR'ilcy Boh^ 2tXTre?ifon, the receipt ^\ hereof is here- 
 by acknowledged, doth at the inilance of and by and 
 \v ith the confent of the faid AbscUum B&b^ teftified by 
 his being a party to and executing hereof J agree to 
 take and accept of him thefaid.^Z'^^/6'/?ii?(3/',as his clerk, 
 from the day of the date hereof, for and daring and un- 
 to the full end and term of fiiiu years next enfuing : 
 And he the faid Absalom Jiob, (by and with the con- 
 fent of his faid father liilcy Bob^ alfo teftified by his be- 
 ing a party to and executing hereof) hath, and by thefc 
 prefents doth put and place himfelfto and with the faid 
 Thomas Baxter^ his mafter, to ferve him as his clerk 
 from the day of the date hereof, for the faid term of 
 Ji'de years, during which term he the faid Absalom Bob^ 
 fhall faithfully ferve him the faid Thomas Baxter^ his 
 fecrets keep, and his lawful commands obey and per- 
 form ; and Ihall not abfcnt himfcif from the fervice of 
 his faid mafler, without his confent during the faid 
 term ; nor unduly fpcnd or w^afte any of his faid mas- 
 ter's monies, goods or chattels, or of any of his clients^ 
 •which fliall be in the cuilody of, or intrulled with him. 
 by, his faid mailer, during the faid term ; but Hiall at 
 all times during the faid term, truly account for, pay 
 and deliver to his faid mailer, his executors, or as- 
 figns, all and every fuch fum and fums of money, wri- 
 tings and other things, which he the faid Absalom Bob, 
 iliall receive, have or take, of, from, or be intrulled, 
 for or on account of his faid mafter or any of iiis clients. 
 
 And the faid Thomas Baxter^ in confideration of 
 the aforefaid premifes, doth hereby covenant and agree 
 to and with the faid Biley Bob and Absalom Bob, and 
 to and with each of them, by thefc prefents, in manner 
 as follows, viz. That he the faid Thomas Baxh^7\ dur- 
 ing the faid term o^Jive years, lliall ufe his beft endea- 
 vors to inftru6l and inform the faid Absalom Bo 5, in. 
 the profcflion of the law, and practice of an attornejr
 
 60 AGREEMENT. 
 
 of the feveral courts wherein he thefaid Thomas Bax~ 
 ter Ihall ufe and pradlife during the laid term ; and, 
 that he the laid 'Thunias Baxter^ at the end ol the laid 
 Jive years, Ihali and will - at the requeft and charge of 
 the faid Absalom Bob^ ull his belt endeavors to pro- 
 Guie hini the faid Absalom Bob to be acmitted and li- 
 cenfed to pracliie as an attoriiey in the faid courts, h.z. 
 In uitnefs, &c^ 
 
 Between a House-keeper a?2cl bis Lodger, 
 
 Memorandum, It is agreed b}' and between Andreiu 
 
 Bowen of — — — , and Conrad Doe, of — , as follows, 
 
 viz. Tiie faid Andrew Bo%ven^ in confideration of the 
 rent hereinafier mentioned and ai^reed.to bepaid to 
 hini, hath letten lo the faid Conrad I)oe^ one room, up 
 two pair of ft lirs forwards, part of the now dwelling- 
 houfe of the faid Andrew Bowen, fituate in , to- 
 gether wnth the furniture at prefent ftanding therein, 
 that is to fay, one table, &c. To hold to the faid Con- 
 rad Doe for the term of two years, to commence from 
 the firll of April next, at the yearly rent oijifieen dol- 
 lars, to be paid quarterly, to wit, on the firll days of 
 July, October, January and April. 
 
 Thefaid Conrad Doe, m coniideration hereof, agrees 
 to pay the aforellild yearly rent ol fifteen dollars, at the 
 times above limited for payment thereof ; and at the 
 end of the term, or in cafe of any default in payment, 
 fhall and will, on requelt of the faid Conrad Doe^ or 
 his affigns, immediately yield and deliver up to him or 
 them, the peaceable and quiet poffefiion of the faid 
 room, together with the W'hole furniture, he, from the 
 firll entrance thereon, there found and poflelled, in 
 good and fufficient plight and condition, reafonable 
 wear and tear only excepted. In witnefs, he.
 
 AGREEMENT. 61 
 
 JTith a Clerk or Ji'urkiuan. 
 
 It is agreed, i\\i's Jirst day oi May^ in the year , 
 
 betwteti Isaac Roe^ and John Bdi^ both of" , iu 
 
 manner follo\vin<r, to wit : 
 
 The faid John Bell, covenants and agrees faithfully, 
 truly and diligently, to write \_or iut;/7.?J for and aCt as 
 the clerk \_or journeyman~\ ot him the laid Iraac Roc\ 
 from the day of the date nereof, for and during the 
 fixice of one whole year, iffo long both parties live, 
 w ithoiit abfenting himfelf from the fame ; during which 
 time he the {■d\(lJob?i Bell, will refort to the faid Isaac, 
 
 Rot's office [cr shop'] in , and there attend, and 
 
 do and perform the cierkihip \_Qr rcork']^ aforelaid, with- 
 out revealing any of thefccrels of the faid Isaac Roe, 
 his occupation or bufmefs. 
 
 In confideration of which fervice fo to be perform- 
 ed, he the faid Isaac Roc covenants and agrees, to al- 
 low and pay to the laid John Bell, the fum of , by 
 
 four equal quarterly payments, or oftener if required : 
 Provided neverthelefs, that when and as often as the 
 ^•d\i\ Isaac Roe \\ii\\\ not writing [o/- work'] fujTicicnt 
 to keep the faid /(//'// Bell in employ, then and fo of- 
 ten, during fuch time, it ihall be lawful for the faid 
 John Bell, to do any other bulintfs, for Ins own life, 
 and on his own account ; but if it lliould happen that 
 the faid John Jkll lall fick, or I'hali be ablei\t from the 
 office [or shop] of the faid Isaac Roc, w hen he has em- 
 ployment for hmi ; then fuch abfent time fnall be de- 
 duced, allowed for, and made up to the faid Isaac 
 Roe. And for the true performance of all and fmgular 
 the covenants and agreements aforefaid,cach of the faid 
 parties bindeth himfelf, his heirs, executors, and ad- 
 minillrators, unto the other, his executors, adminiftra- 
 
 tors and affigns, in the penal fum of , firmly 
 
 by thefe prefents. In witnefs, &c.
 
 62 AG R E E M K N T. 
 
 Fo7' the sale of a parcel of Trees gro'wirrg^ and liber- 
 ty to Lilt dow72 and carry them ainay^ ^c. 
 
 Articles of agreement in iented, ^c. between Rich- 
 ard HumeSy of ~, of the one part, and Eiias Mays^ 
 
 of , merchant, of the other part, in manner fol- 
 
 lowirig, ihat is to fay : 
 
 The faid Richard Humes ^ in confideration of , 
 
 to hini in hand paid, at , by the faid Elias MaySy 
 
 tiie receipt. ^\ hereof is hereby acknowledged, and in 
 
 conudenttjon of the further iuni of , to be paid 
 
 hini b^ thelakl Elias Mays, hib executors, or admini- 
 ilrators, as hereunder is mentioned, hadi granted, bar- 
 gained and fold, and by thefc prefents doth grant, bar- 
 gain and fell unto the i^iid Elias Mays, his executors, 
 
 adminiilrators and aiiigns, of the oak trees, now 
 
 lla?"!diiigandgro\\ ing in and upon the lands and grounds 
 
 belon^^ing- to the feveral farms, called , or any of 
 
 tlieiiri?''J5i the county of , now in the tenure of, &c. 
 
 v.hich the faid Elias Mays, his executors or aiiigns, 
 ilialUhiok fit to choofe, and take from all or any of the 
 fhid farms, and the lands and grounds thereunto be- 
 longmg-„ or to any of them, togeuie'r with the tops and 
 
 bark of and belonging to the laid trees hereby 
 
 fold. And the laid Richard Humes for himfelf, his 
 executors, adminiftrators, and aiiigns, doth covenant, 
 promife and agree, to and with the faid Elias Mays^ 
 hiseseciiiors, adminiilrators, and aiiigns, by thefe pre- 
 fents, that at all or any time or times, until the , 
 
 nr'^iclmill be in the year of our Lord , he the faid 
 
 Mihis Mays^ his executors, workmen, fervants oras- 
 li^vs^ ViiaW and may have free liberty of ingrels, egrefs 
 asid regrefs, into and from all or any part of the lands 
 and grounds belonging to the farms aforefaid, or any 
 <of ithem^ with horfes, carts and carriages, to choofe, 
 
 tjajke, fell, cut down and carry away the faid — trees, 
 
 ^TtA the tops and bark thereof, to and for his and their
 
 A G R E E M E N T. ^53 
 
 own ufe and ufes ; and like liberty to make and dig 
 favvpits in convenient places in the laid grocinds, and 
 therein to Taw, cut out, and convert all, or To many of 
 the faid trees as he or they iliall think lit, lor the Ljetter 
 conveniency or carriage thereof. And t!ie faid Llias 
 Mi2ys, lor hinilclt', his executors, admiuiilrators, and 
 afligns, doth covenant, promife and agree, to and uith 
 the laid Richard Humes, his executors, admiuillrators 
 andalligns, by tluic prelcnts, as lolloucth, that is to 
 lay, that within the time alorefaid, he the faid Elias 
 Jity^, his executors, adminiftrators, workmen or as- 
 figns, will chooie out, and at his and their own charge 
 fell, cut down, and carry away the laid - — trees i"o 
 ibid to him as aforefaid ; and in confideration and in 
 full for the purchafe thereof, Ihall and will truly pay, 
 or caufe to be paid, unto the faid Richard Hiimes^ his 
 
 executors, adminiilrators or afligns, the fum of , 
 
 in the manner following, viz. part thereof on the 
 
 nextenfuing the date of thefe prefents, and the re- 
 maining fum of , on the next following. 
 
 ^Penalty as bcfure.'] Inwitnefs, S;c. 
 
 JFith a JSIanager. 
 
 Articles of agreement, bV. The faid Johii llacket^ 
 for the confideration hereinafter mentioned, doth co- 
 venant and agree, well, truly and faithfully to ferve 
 the faid Johri Ross, John I^'shcr and John Voder, their 
 heirs and afligns, as their book-keeper, overiter and 
 manager, at their furnace at , wherein he is {kill- 
 ed, from the fftecnrh day of March, now next enfu- 
 ing, for and during the term of one whole year thence 
 next enfuing, and fuily to be complete and ended, dur- 
 ing \A hich term, he the faid John Hackct, (hall and 
 will be ready, at all times, to render jull and true ac- 
 counts, unto the faid owners, of all ^v•orkJ matters and
 
 6* A G R E £ M E N 1. 
 
 things, to i^e done or performed at the rurji..L.e cuoic- 
 laid ; and Ihall and will deliver unto each of them, the 
 faid owners, their heirs and aliigns, relpeclively, at the 
 bank of the furnace aforefaid, one full and equal third 
 part of all the pig-iron which fhaU be myde at the 
 furnace aforefaid, and lliail not nor will, at any time 
 durin,t^ the faid term, wilfully negledl or depart from 
 the faid fervice or employment, nor do or caufe, or 
 willingly futfer to be done, an}- a6l or thing whatfoe- 
 ver, to the prejudice of the faid owners, then- heirs or 
 affigns, in their furnace or concernments aforefaid,, or 
 otherwife howfoever ; but on the contrary fhali and 
 will demean, behave himfelf, order and dirert al! work- 
 men, fervants, and perfons employed in the furnace 
 aforefaid, to do their work, fervice and duty, to the iit- 
 nioft of his (kill, knowled.2;e and ability, and for the 
 mofi profit and advantage of the faid owners. And the 
 faid owners, for themfelves, their heirs and afiigns, do 
 covenant and agree, to and with the faid Johji Hacket^ 
 his executors, adminillrators and affis^ns, by thefe pre- 
 fents, in manner following, that is to fay, well, truly 
 and f^iithfully to pay unto him the faid John Hackct^ 
 
 for his fervice aforefiiid, the juft and full fum of ^, 
 
 over and befides finding and providing for him, the 
 faid Johi Hachet, fufficient meat, drink, wafliing and 
 lodging, during the faid term ; and alfo fliall and will, 
 at their own proper colls and charges, fupply the faid 
 John Racket^ with all things needful and neceffary for 
 carrying on the work of the faid furnace. And for 
 true performance, i^c> 
 
 Among Copartners^ to exercise but one Trade^ ^c 
 
 Articles of agreement, made, concluded and agreed 
 upon this , between Abel Atkins^ of — — , iron- 
 monger ; Bion Bell, of the f^me place., ironmonger ;
 
 AGREE M E N T. 65 
 
 and Charle.^ Cre-iKi^ of ^, ironmonger, of the one 
 
 part; 'dwd T/jaina$ Ciew^oi — — , gcnilcmun, of the 
 other part, u^ follow s ; 
 
 Whereas, i^y indenture tripartite, bearing eveB diite 
 herewith, made bctu cen the faid Abel Atkins^ of the 
 firil part ; the faid Bion BcU, of the fecond part ; and 
 the laid Charles Crew^ of the third part : the laid <ibcl 
 Atkins and B'wn licll^ in confidcration of the llirn of 
 
 , >vhich the faid Charles Crcvo therein covenants 
 
 to pay them at the times and upon the continj^encies 
 therein mentioned, have agreed to take and admit the 
 faid Charles Crciv into copartnerfliip with them in the 
 joint trade or buiinefs of an ironmonger, hardware- 
 man, toyman, mcrchiint, manufac\nrer, dealer and 
 chapman, from the — day of— next, for and during 
 the term of twenty-one years, determinable at the ex- 
 piration of the firlt fourteen years thereof, in manner 
 therein meiitioned : And for furnilhing the faid joint 
 trade with a fufficient capital, they the faid parties did 
 thereby agree to bring in and put together in equal 
 proportions, in money and goods belonging to the fai.'l 
 
 trade, thcfumor value of , on or before the firil 
 
 day of January next, for their fcveral fnares and pro- 
 portions of the capital thereof : And it was thereby 
 (amongll other things) declared and agreed. That the 
 faid joint (lock, and all the profit, benefit, and advan- 
 tage accruing from the faid joint trade, Ihould, during 
 the continuance of the faid copartnerfliip, be had and 
 received by the faid partners in equal proportions . 
 And that each of them the faid partners aiiii;lu annually 
 take outof the profits of the faid copartn jriliip trade tlie 
 
 fum of , for his own private ufc, as in and by the 
 
 faid recited indenture, relation being thereto had, may 
 appear: And whereas the faid Thomas Crciv^ having 
 agreed to ac'.vance and lend his brother, the faid Char lea 
 Crciv^ the fum of , part of the money \\ hich he 
 
 [ 9]
 
 66 A G R E E M E N T» 
 
 hath agreed to bring into the faid trade, and pay the 
 i'Aid Abel J tkms and^ic;zi?£'//asaforefaid, hath there- 
 fore requefted the laid Abel Atkins and Bion Belly that 
 they will, together v/ith the faid Charles Cre%Vy under- 
 take not to carry on in copartnerlhip any trade or bufi- 
 nefs other than as aforefaid : And that the neat efiate 
 of the faid copartnerfiiip, after difcharging the feverai 
 debts owing by the faid partners in refpe«5l thereof, 
 
 fhall always amount to the full fum or value of ; 
 
 and likewife to \)ennit JDaiiid Dew^ of , efquire, 
 
 in behalf of the faid Thomas Crew^ to have free accefs 
 andrecourfe at his pieafure tothecounting-houfe,war€- 
 houfes, and other places, wherein the faid copartner- 
 fiiip trade fliall be carried on, and to perufe the books 
 of account relatir.g thereto, and to infpe6l into the. 
 fliares and circumftances of the faid copartnerfliip 
 trade, to which the faid Abel Atkins and Bio/i Bell, as 
 well as the faid Charles Creii}, have contented : And 
 the faid Charles Crevo hath likewife agreed to leave in 
 the hands of the faid Abel Atkins and Bion Bell, fo 
 
 much of the annual fum of , which he hath liber 
 
 ty to take out of the profits of the faid copartnerlliip 
 trade, as will be fufficient to pay the intereilof the mo- 
 ney he fliall then owe the faid Thomas Crevj, which 
 money the faid Abel Atkins and Bion i/^// will accord- 
 ingly pay to the faid Thomas Crew : Now therefore 
 witnefs thcfe prefents : And the faid Abel Atkins, Bion 
 Bell, and Charles Crero, do hereby for themfclves feve- 
 rally covenant, promife and agree to and with the faid 
 Thomas Crew, his executors and adminiflrators, in the 
 manner following, that is to fay. That they the faid A- 
 bcl Atkins, Bion Bell, and Charles Crew, fhall not nor 
 will carry on in copartnerlhip any trade or bufmefs 
 other than thetrade or bnhnefs of an ironmonger, hard- 
 wareman, toyman, merchant, manufa61urer, dealer and 
 chapman, without the confent in writing of the faid 
 Thomas Crcw^ for that purpofe : And that the clear
 
 AGREE M E N T. 67 
 
 aJKl neat eftale and effccls of the faid copaitnerlhip or 
 joint trade, after difchurjj;ini; the fevcral debts owing 
 by the faid j)artners in refpect thereof, fliall always a- 
 
 moLint to the full fum or Aalue of . iAnd alfpthat 
 
 they the fliid.'/ZW Aik'nis, BiouBell^n^ Charles Crc^cc^ 
 iha'll and will from time to time, during the continu- 
 ance of the laid copartnerlhip, permit and fufier the faid 
 Da'uid Dcu\ on behalf of the faid Thomas Crew, his 
 executors and adminiflrators, to have free ingrefs and 
 rcgrefs, at all fcafonable times, into and from the count- 
 ing-houfe, ware-houfes, ai^d other places, wherein the 
 faid copartnerlhip trade fliall be carried on, and to ex- 
 amine all and every the books of account^ and to in- 
 fpecl into the circumlhmces of the faid partnerfhip 
 trade, in order to judge of the Hate and proceedings of 
 the laid copartnerlhip trade : And that he the faid 
 Charles Crew Ihall and will from time to time permit 
 rnd fuffer fo much and fuch part of the faid annual fum 
 
 of , which he is empowered to take to liis own. 
 
 ufe out of the profits of the f\iid copartnerfhip or joint 
 trade as afoicfuid, as Ihall be fufiicient to pay the inte- 
 reft of the money he Ihall then owe, the faid Thomas 
 Crcw^ to remain in tlie hands of the faid Abel Atkins 
 and Jiion Bell for that purj)ofe, which money they the 
 faid Abel Atkins and Bion /jV// Ihall and will Vvcll and 
 truly pay, or caufe to be paid, unto the faid Thomas 
 Crew, his executors or adminiftrators, immediately 
 after the fame fliall from time to time be fo leftintheii 
 hands by the faid Charles Crew as aforefaid : And al- 
 Jb, that he the faid Charles Crew, ihall not nor will at 
 any time or times, fo long as the faid fum, or any part 
 thereof, fliall remain due to the faid Thomas Crew. 
 take and appro])riate to his own pri\ate ufe out of the 
 laid partncrfliip fiock or profits any larger or greater 
 
 fum than the faid annual fum of ; nor fliall they 
 
 the faid Abel Atkins and Bion Bell voluntarily confent 
 to permit the faid Chares Crew fo to do, without the
 
 68 AGREEMENT. 
 
 leave and confent of the MCi Thomas Crew, his execu- 
 tors or adminiftrators, in writing th 11 had and obtained 
 for that parpoie. In vvitnefs, &c. 
 
 Ben^ecn Brothers^ for dhidlng Money, ^c. 
 
 Articles of a'^reement, indented, made, conchided, 
 and fully as^reed upon, this -- — -, between Abel AmoSy 
 
 of -, wea'Der, of the one part : and Brian Amos, of 
 
 the Jatne place, u'^^Ttr, brother of the laid Abel Amos y 
 of the other part, 
 
 \Vhereas Charles Amos, deceafed, late father of the 
 faid Abel Amos and Brian Ajjios, parties to ihefe pre- 
 fents, by his laft will and teilament in writmjj, bearing 
 
 date on or about the , did, amongll other things, 
 
 >vill and diredl, that — dollars, part of his perfonal 
 
 ellate, lliould be laid out by his executor thereinafter 
 named, in fuch of the public flocks or fecurities as 
 ihould be dircRed and appointed by Thomas Sno%Vy of 
 
 ' -, esquire ; Thomas Haines, of , gentleman, 
 
 and Henry Crosby, of -, broker, histruilees there- 
 
 Snafter appointed, or by the furvivors or furvjvor of 
 them, his executors or adminiftrators ; w hich ftocks or 
 
 fecurities fo to be purchafedwith the laid dollars, 
 
 fliould be afflfjned and transferred unto the joint names 
 of the faid Thomas Sncw, Thomas Haines and Htnry 
 Crosby, or unto the name or names of the furvivors or 
 furvivor of them, his executors or adminiftrators, up^ 
 on truft and confidence neverthelcfs, and to the intent 
 and purpofe that they the faid Thomas Snoiv, Thomas 
 Haines and Henry Crosby, or the furvivors or furvivor 
 of them, or the executors or sdmnhftrators of fuch fur- 
 vivor, during fo long of the term of the natural life of 
 his M'ife Catharine Amos, as (he fliould continue his 
 widow and unmarried, ihould pay and difpofe of ail
 
 A G R £ E M E N T. 69 
 
 the yearly intercll, dividentls and profits of the faid 
 ilocks and fecurities unto her his faid wife, or permit 
 the liime to be received by her, lor her own ufe : And 
 upon further trull, that in cafe his faid wife Ihould'Con- 
 tinue his widow and unmarried to the time of her de- 
 ceafc, then immediately after her dcceafe the f:ad trus- 
 tees, and the farvivois or furvivor of them, his execu- 
 tors or adminillrators,lh.ould transfer and uHii^n orcaufe 
 to be transferred and ariip;ncd ail the faid Hocks and fe- 
 curities io to be purchafed with, or to arifefrom the faid 
 
 dollars, and pay and apply all the yearly dividends, 
 
 intereil and profits thereof, uiuo, or lor the l)enefit of 
 fuch one or both of his for.s, the aibrefaid ^/'c/ Amos 
 and Bricm Awos^ or of all and every, or any one or 
 more of the child or children of the body or bodies of 
 his faid fons, or either of them lawfully begotten, or to 
 be begotten, at fucli time or times, and in fuch man- 
 ner, parts, lliares, and proportion.s to each and every or 
 any of them, as his faid wife Catbi'mc Anios^ by any 
 writing under her hand and fea!,' attelled by two or 
 more credible Avitnelfes, or by her lail will in writing, 
 attelled as aforefaid, ihould direct, limit or appoint. 
 And for want of fuch dire61ion, limitation or appoint- 
 ment, then unto or equally Ixtween his faid fons, if 
 then liring, or if cither or both of them fliould be then 
 dead, leaving any iifue which might furvive his faid 
 wife, then fuch child or children of either of his fons fo 
 dying to have their tarher's part, and in cafe either of 
 his faid fons fliould die without leaving any ilfue who 
 might furvive his faid wife, i\wx\ his part or ihare to 
 go to his furviving brother, or his iffue ; and appoint- 
 ed his fon the faid Abel Anios, folc executor of his 
 faid will, as by the faid will duly proved bv the faid ex- 
 
 ecutor in , (rehition being tliereto had', may ap- 
 
 pear. Now witnefs thefe prefents, that for preventing 
 all difputes and controveriics that may happen or arife 
 Isetween the faid Abel Amos and Brian Amos, after
 
 70 AGREEMENT. 
 
 the deceafe of their mother, the nforefaid Cat banns- 
 Amos^ they the faid Abel Amos and Jirian Amos, do. 
 hereby for themfelves feverally and refpe6livcly, and 
 ibr their feveral and refpcclivc heirs, executoi s, and 
 adminillrators^Tniitually and reciprocally covenant, pro- 
 inife and agree, to and with each other, his execntors, 
 adminiftrators and afTigns, that as to for and concern- 
 ing the faid fiim of dollars, fo diretled to be laid 
 
 out by the will of their faid late father, notwithftanding 
 any direction, limitation, or appointment already made 
 and executed tliereof,or hereafter to be made or execut • 
 ed thereof, by their laid mother, in purfuance of the pow- 
 er to her given by the faid will, the faidfuni of dol- 
 lars, and the fecurities in which the fame is or fliall be 
 Tefled, (hall go, remain, and be applied to, and be had, 
 received, and enjcyed by fuch pcj fon and peribns only 
 (and no oiher than) as by the faid Mill of their faid late 
 father, thf fame is given or devifed to, for want or m 
 default of any direction, limitation, or appointment be- 
 ing thereof made by the faid Catharine A?7ws, his wife,, 
 and in the fame manner to all intents and puipofes, as 
 if the faid Catharine Amos^ their mother, had never 
 made or executed any fuch appointment, or ihoulddie 
 "without executing her faid power= And that neither 
 of them the faid Abe! Amos and Brian Amos, their ex-, 
 ecutors or adminiftrators, fliall or will have, claim, 
 challenge, or take any benefit or advantage of or by 
 any dire6lion, limitation, or appointment that fliall be 
 
 luade of the faid dollars, by their faid mother, 
 
 but the fame fliall be confidered as undifpofed of by 
 her, to a^l intents and purpofes whatever. And that 
 as to al! and fmgnlar the goods, chattels and perfonal 
 eftates ofher the faid Catharijie Amos, notwithltanding 
 imy bequells or difpofition flie iliall or may make there- 
 of by her lafl will and teflament, unto or in favor of 
 either of them the faid Abel Amos c\n(\ Brian Amas^ 
 fuch will fo far as it fliall concern either of them, fliall
 
 A G R E E M E N T. 71 
 
 Le held of none efie^^ ; and all and every legacy and be- 
 qiiclts, iiun and lums of money thereby given to them, 
 or either of them refpeclively, Ihall go and be diftribut- 
 ed and divided aoeording to the llauite for dillribution 
 of intellates eihues, in fueh and the fame manner as if 
 llie the laid Catharine Amos had died without making 
 -i.ny will orbequell thereof uhatfoever. In witncfb, &.e» 
 
 For letting a House^ ^Sc, 
 
 Agreed the day of , between Join Barnes^ 
 
 of, ^c. of the one part, and James Pngb^ of, bV. of the 
 other part, as followeth, viz. 
 
 The faid John Barnes doth let unto the faid James 
 Plight and he takes all that^ fcPtr. for one year from the 
 first day oi January next^ and for fuch longer time af- 
 er the expiration of the faid one year, as both the faid 
 parties fliall agree, and until the end of three months 
 after notice fliall be given by either of the faid parties 
 to the other of them for leaving the faid premifes, at 
 and for the yearly rent of dollars, to be paid quar- 
 terly on the tirit Mondays in April, July, Otlober and 
 January, by even and equal portions, which faid 
 \carly rent the laid James Piigh duth hereby for him- 
 felf, his executors aiKJ adminiilratcrs, covenant and a- 
 '^ree to pay the faid John Barnes [^if freehold say"] and 
 his heirs, \_but ij otherviise say'\ executors, adminiftra- 
 tors and alligns, accordingly, for fo long time a5 he 
 ihall hold and enjoy the faid premifes as aforefaid, and 
 until the end of the faid three months next after notice 
 Ihall be given by either of the faid parties, to the other 
 of them, for leaving the faid premifes as aforefaid. In 
 ^ituefs, t*V,
 
 72 A G R E E M E N T. 
 
 For the purchase of Cord-vooocl^ cTj. 
 
 It is agreed and concluded upon b)' and betvcen the 
 faid parties hereunto, and the laid Thomas Stiles hath 
 bargained and fold, and by thefe prefents doth, ^c. un- 
 to the i-<i\(l Michael'Daives, all the cordwood that Ihalt 
 arile from certain trees and parcels of trees, now groNv- 
 ing and (landing on a certain piece or parcel of rough 
 ground, fituate, ^c. that he lliall think fit to fell, after 
 
 the rate of per cord, each cord to be in meafure 
 
 according to the ufaal meafure of cord-wood. 
 
 And the faid Thomas Stiles ^oy himfelf, his heirs, 
 executors, and adminiftrators, doth covenant and pro- 
 mife to and with the fold Michael Dawes^ his execu- 
 tors, adminiflrators, and affigns, in form following, viz. 
 That he the faid Thomas Stiles, his ^c. at his or their 
 own proper cofts and charges, ihail and wiilllock up 
 all and luch of the laid parcel of trees as he or they 
 ITiall think fit to convert into cordwood as aforefaid. 
 And alfo, fliall and w ill permit and fuffer the faid il//- 
 chael Daives^ his executors or ailigns, at his or their 
 own coil and charges, as well to cut and convert the 
 faid cordwood into charcoal, at the lower end of the 
 faid piece of i2;round called the GUI Lot ^ whereon the 
 faid trees, or the greateft part of them, now Hand ; and 
 alfo to take the turf dull and earth, from off the pre- 
 mlfes of the faid piece of ground, and not elfewhere, 
 with fi-ee liberty of carrying away the fame wood, fo 
 converted into charcoal, from off the faid premifes, the 
 mofl convenient way leading to the road that leads to 
 
 aforelaid. And xhQ {^\d.^ Michael Daivcs^ doth 
 
 hereby for himfelf, his executors or adminiilrators, 
 covenant and promifc to and with the faid Thomas Stiles^ 
 his heirs, and alTigns, that he the faid Michael Dawes, 
 his executors or adminiRrators, fliall and will well and 
 trulv pay, or caufe to be '.nid, <:he full and entire fum
 
 AGREE MENT. 
 
 /o 
 
 of money that the laid cordwood, fo rated as aforefaid, 
 ihail amount uato, to the laid Thomas Stiles^ liis ex- 
 ecutors or aillf^ns, ut or upon the ~- day ot" 
 
 iiextenfuing the date of thcfe prefents. Lailly, it is 
 fuHy cviiicluded and agreed by both tlie laid parties, 
 that in cafe any ditlerence Ihall luippen toarife in mea- 
 furing the laid cordwood, the fame Ihall be referred to 
 
 irUliam Pure^ of , to dcierniine and finally com- 
 
 pole the fame. In witnefs, &c. 
 
 jrith a Jifill-wrigbt-, 
 
 Articles, &c. Thefaid Boijamin Doc'^m coniidera- 
 tion of the monthly fum of — - — -, and other the confi- 
 derations herein after mentioned to be paid and allow- 
 ed to him by the laid Daniel Duncan as hereinafter is 
 in that behalf mentioned and exprelled) doth hereby 
 covenant and agree to and with the faid Daniel Dun- 
 can^ in manner as follows, to wit : 
 
 That he the faid Benjamin Doe, from the day of the 
 
 date hereof, for and during the full term of years> 
 
 if they the laid Daniel Dan-can and Benjaviin Dec QkiII 
 both fo long live, iliall and will (at the now dwelling- 
 houfe of him the faid Daniel Duncan, lituate, &c. or 
 at fuch other place or places, if by him the faid 
 Daniel Duncan, froiti time to time fo required, order- 
 ed and dire6\cd) work as a journeyman, and well and 
 truly and faithfully ferve him the faid Daniel Duncan, 
 in the bnfmefs of a mill-wright, carpenter, joiner, tur- 
 ner, and in all fuch other arts, myfteries, and work, tis 
 he the faid Benjamin Doe now is or fliall be any wavs 
 capable of doing or performing, during the term afore- 
 faid, and that according to the bell of his the faid Beji- 
 janiin Doc'^s ability, knowledge, and judgment there- 
 in ; and that he the faid Benjamin, Doe during- the con. 
 
 r 10]
 
 74 AGREE i\I E N T. 
 
 tinuance of the faid term, fliall 3^early work and per- 
 form the trade or bufinefs aforefaid for him the faid 
 JJaniel Duncan^ inmdnwtr as kAlows^ viz. From the 
 twenty-fifth day of March to the twenty-ninth day of 
 September, from the hours of fix in the morning to fix 
 in the evening, and from the tw enty-ninth of Septem- 
 ber to the twenty-fifth of March, from day Hght to day- 
 light, and that daily, (fickncfs, Sundays, fix days at 
 Chriftmas, one at Whitfuntide, one at Eafi.er, the 
 Fourth day of July, and fuch days as he may be laM ful- 
 ly required to muiler as a militia man, and ufual hours 
 of breakfall and dinner, only allowed, and excepted :) 
 And further, that he the faid Benjamin Doe^ during 
 the term aforefaid, fliall not at any time abfent himfelf 
 from fuch fervice of the faid Daniel Dime an ^ nor Mork, 
 do or perform any part of the faid trade or bufinefs 
 aforefaid, for the ufe or benefit of any other perfon or 
 perfons whomfoever, uidiout the confent of him the 
 laid Daniel Duncan^ firft had in writing for that pur- 
 pofco 
 
 For Sailors to sail in a Ship^ ^c. 
 
 Know all men by thefe prefents, That we who havfe 
 fubfcribed our names, or made our marks, and fet our 
 feals hereunto, do feverally, but not jointly, nor on'e 
 for the other, declare and agree we have feverally fliip- 
 ped ourfelves on board the faid sbip Dauphin^ captain 
 NoahSommers^ commander, now in the river Dela- 
 'ware, and bound for Demarara, and from thence to 
 Portsmouth^ and back to Philadelphia, at and for the 
 feveral wages mentioned herein, and inferted againfl 
 our feveral rsames hereunder fubfcribed ; and we do fe- 
 verally, but not jointly, nor one for the other, agree, 
 that fuch of us as fliall depart from and leave the faid 
 ship during her faid intended voyage, and fliall not per-
 
 AGREEMENT, 7$ 
 
 ibrm the fame, (inevitable accidents excepted,) our ex- 
 ecutors, adminiftrutois, and uilij^ns, Ihall not, nor will 
 be entitled to, nor w ill have or claim any wages or pay- 
 that may arife or become due to luch of us as fhall fo 
 leave or depart from, the laid Ih.ip during her whole 
 voyage, under the command of the faid mailer or his 
 fuccellbrs, or the fervice of the owner or owners there- 
 of, but that in fuch cafe the wages of fuch of us as (liall 
 defert from or leave the laid ihip, fliall be abfolutely 
 loft and forfeited by virtue of thefe prefents. In wit- 
 nefs, &c. 
 
 Another. 
 
 We who have hereunto fet our hands and feals, be- 
 ing hired as mariners to ferve on board the Ihip Monky 
 
 burthen tons, whereof K'llian Handspike is 
 
 mailer, in her intended voyage to Lherpool^ do hereby 
 feverally, in confideration of our wages to grow due to 
 us refpcQively, covenant and agree to and with the 
 faid Kdian Handspike^ that each of us reipe6lively will 
 ferve on board, and continue in and with the faid fliip 
 during- her faid intended voyao;e, and until her return 
 and difcharge therefrom into the port of AVw- For ^', or 
 to fome other port of delivery, without departing from 
 or leaving the faid (hip or the fervice thereof,u.nder the 
 penalty to forfeit and lofe our refpe^livc wages to s:ro\v 
 due for our fervice in the laid Ihip, by virtue of thefe 
 prefents, which in fuch cafe lliall be pleaded and allow- 
 ed as a bar and difcharge of, for, and from the wages' 
 pavable, or to become due to fuch of us as lliall de- 
 oM'f r,nnT or leave the fiiip as aforefaid.
 
 76 A G R E E M E N T. 
 
 JBetween a- Master and a Journeyman or hired Seriiant. 
 
 Articles of agreement indented, ^^'c. bttwceli. JViU 
 Ham So Lilt, of the one part, and. IViUiam Man^ of the 
 other part, as foiloweth, that ib to -fay : 
 
 The fi\id TVm. Man, for the eonfideration hereunder 
 mentioned, doth covenant, proniife and agree, to and 
 v/ith the faid IVm. Sotdt, his executors, adminiftrators 
 and alTigns, by thefe prefents, in manner follo\ving, 
 that !s to {liv,^ That he the faid JFm. Man, Pr.all and 
 will become fervant unto and diligently ferve, abide 
 and continue uith the faid IVvi. Soult his executors, 
 adminiflrators and afiigns, from the date of thefe pre- 
 fents, for and during and unto the full end and term of 
 
 » years now next enfuino-, as his and their covenant 
 
 fervant, and diligently and faithfully, according to the 
 beft and utmoft of his power, ikill and knowledge, ex- 
 ereifeand employ himfelf in, and fliall and will during 
 the faid term, do and perform all fuch fervice and bu- 
 fmefs whatfoever, as well relating to the trade afurefiiid 
 which the faid JVm. Soult now ufeth, as in and about 
 any other bufuiefs, matter and thing whatfoever, as the 
 faid Wm. Soult fliall from time to time .order, direct 
 and appoint, to and for the moll profit and advantage 
 of the faid JVm. Soult, that he can ; and fnall and will 
 keep the fecrets of the faid Wm. .So z//r, relating to the 
 faid trade and buhncfs ; and likewife be jidt, true 
 and faithful to the faid JVm. Soult, in all matters and 
 things, and no ways wrongfully detain, embezzle or 
 purloin anv monies, goods or things \\hatfoever belong- 
 ing to the faid IJ^m. Soult, and alfo (ball and \\\\\ keep 
 jnft, true, and faithful accounts in the books of the faid 
 IVm. Soult, of all the goods bought and fold, monies 
 received and pciid, and of all other things whatfoever 
 relating to the bufmefs of the faid JFm. Soult, as fhall 
 t:oixie to be committed to his care, management or dif-
 
 AG RE EMEN T. 77 
 
 pofal ; and from time to time pay all monies m hich he 
 ihall receive of or bclont2;ing lo or by the order of the 
 iaid //w. 6'oz/// into his hands, and make and gi\c up 
 true and fair ac^.counts of all liis a6lings and doings 
 whatfoever in his faid employment w ithout fraud or 
 delay, when and as often ai he Ihall be thereto requir- 
 ed. And in conhderation of the premifes, and of the 
 I'everal matters and things by the faid /At??. J/uW, to be 
 performed as aforefaid, the faid iriii, Soult doth for 
 himfelf, his executors and adminiltrators covenant and 
 agree to and with the faid IFni. Mmi, by thefe prefents, 
 that he the faid JFm. Suult^ his executors and admin- 
 iftrators, (hall and will find and provide unto and for 
 the faid fP^m. Man, in his dvelling-houfe, meat, drint, 
 wadiing and lodging ; and alfo v.-ell and truly pay nr 
 caufe to be paid unto the faid IV 771. Man. his execu- 
 tors o\ afligns, the fum or falary of dollars per 
 
 annum, for the firft years,~£s?c. by equal quarter- 
 ly payments ; and ihall and will allow the faid JFnj. 
 Mon, fuch reafonable expenfes in and about the bufi- 
 nefs aforefaid, as he the faid JFm. Soiilt fh'al! think fit ; 
 and the faid parties do mutually covenant and agree to 
 and with the other, viz. That if the faid.//'';w. Soult 
 Ihall not be willing to continue the faid IFm. Man ii\ 
 
 his fervice after the expiration of the faid years» 
 
 or if the faid JFm. Mtni'^ fiiall not be wiliirig to ferve 
 and continue M'ith the faid /Fm, Soti/t, after the expi- 
 ration of the faid years, in either of the faid cafes, 
 
 the faid parties lliall and will give t/jrcc months notice 
 of fnch their minds and intention befo«: the expiration 
 of the faid term. \^Pcnalty 'as bcjore.'^ In witntfs,
 
 ^8 AGREEMENT. 
 
 For engaging a Person to rebuild Mills^ at certain 
 iveekly, IFages. 
 
 Articles of agreement indented, ^c. between Eli 
 
 Bern- on .> of , Cyrus Donne^ of — , and EUhu 
 
 JFox , of , of the one pmt ; and George Iloax^ of 
 
 . , of the other part. 
 
 Fiift. The liiid George Hoax, for the confiderations 
 Iiereinaiter mentioned and txprelfed, doth covenant, 
 promifc and aj^-ree, to and with the faid JLli Benson^ 
 Cyrus Doane and Elihu Fux^ and each and every of 
 them, their, and each and every of their executors, ad- 
 miniitrators and afiigns, that he the faid George Hoax^ 
 
 iliail, on or before the next enfuing the day of the 
 
 date of thefe prefents, ,^o to Milhrstoivn, and there in 
 a e^ood and workmanlike manner, according to the 
 beftof his art and fkill, by and with the dire(?tions of 
 the faid Eli Benson^ Cyrus Doane^ and Elihu Fox, or 
 one of them, well and fufficiently rebuild, or caufe 
 to be rebuilt, the mills of ^c. with fuch materials and 
 workmen to be employed under him, as they the faid 
 Eli Benson, Cyrus Doane^ and Elihu Fox, or any of 
 them, their, or any of their executors, adminiftrators or 
 afiigns, lliall find, appoint, and provide, for the fame. 
 
 In confideration whereof, they the faid Eli Benson, 
 Cyrus Doane and Elihu Fox, do hereby for them- 
 felves, .their and every of their heirs, executors and.ad- 
 miniftrators, covenant, promife, and agree, to and with 
 the faid George Hoax, well and truly to pay, or caufe to 
 be paid to the faid George Hoax, his executors, admi- 
 niRrators or affit^ns, for all fuch time as he fhall be em- 
 ployed by them the faid Eli Benson, Cyrus Doane iind 
 Elibu ■ Fox. or ?iuy of them, in rebuilding the mills- 
 aforefaid, weekly and every week, the wages of wme- 
 dollars a week, and i^o in proportion for a lefs time than
 
 AGREEMENT, 79 
 
 a 'U*€ek, to be paid to liim the fa'ul George Iloax^ 
 by the faid lili Benson^ Cyrus Doane^ and 7l//- 
 hu FoXy Ibnie or one of them, at Afil/erstown. 
 And alio, that they the faid Fii Boison^ Cyjiis 
 Doaue and Elihu Fox^ fome or one of them Ihall 
 ml will pay, or caufc to be paid, to the faid George 
 lloax^ over and above the wages aforefaid, the fum of 
 
 dollars, for his expcnfes in going to and returning 
 
 from the faid mills at Mil/erstowji. And laftly, the 
 laid George Hoax^ doth covenant, promife and agree, 
 to and with the faid Eli Benson^ Cyrus Doane^ and Eli- 
 hu Fux^ their executors, adminiftrators and afligns, 
 and every of them, by thefe prefents, that he the laid 
 George Hoax^ fhall not abfent himfelf nor depart from 
 the work and rebuilding aforefaid, without leave in 
 writing, firll had and obtained from the faid llli Ben- 
 son^ Cyrus Doane and Elihu 7'ox, fome or one of them, 
 for the doing thereof, on pain of forfeiting for every 
 day of fuch abfence the fum of dollars, to be Hop- 
 ped and dedu6\ed by the faid Eli Benson^ Cyrus Doane 
 md Elihu Fox^ fome or one of them, their, fome or 
 one of their executors, adminiftrators or afligns, out of 
 the wages aforefaid. In witnefs, bV. 
 
 For performing BricMayers and Plasterers ivork in 
 building a House, 
 
 Agreed bV. between /hnos Kent^ of, bV. of the one 
 part, and IVin Bar^ of, £;'<:. of the other part, as follow- 
 eth, that is to fay : 
 
 The faid iVin Bar^ for the confiderations hereunder 
 mentioned, doth, for himfelf, his executors and admin- 
 ilh'ators, covenant, promife and agree, to and with the 
 faid Amos Kent^ his executors, adminiftrators and as- 
 figns, as followeth, that is to fay : That he the faid 
 IP^in Bar^ his executors, adminiftrators, workmen or
 
 80. AGREEMENT. 
 
 aiTigns, ui fuiTicient and workmanlike manner at ina 
 and their own charges, with the materials to be for that 
 parpoie provided b}^ the laid Amos Kent, Ihall andwill 
 do and perform, ail the work and workmanlhip belong- 
 ing to the bricklayer and plallerer, in and about the 
 creeling and building of one good and fubilantial new 
 meftliageor tenement, in the room and place whereon 
 lateiy Hood a certain meiruage or tenement belonging 
 to the iaid 4>JiQS Kcnt^ late in the occupation o^ Isaac 
 Lee, fituate in Lancaster, and will build the fame in 
 fuch manner, and fuch thicknefs of walls, height or 
 ilories, and fuch and io many lights, chimnies and con- 
 veniences, and in fuch manner, and will do and per- 
 form fuch ornamental work about the faid building as 
 the faid Amos Kent, his executors or aligns Ihall or- 
 der and direct ; and that he the faid tljn Bar, will ufe 
 his utmolt care in working up the faid Amos Kenfs ma- 
 terials for the faid building to the moil advantage, and. 
 will alfo pay and difchargeailhisfaid workmen \0 be em . 
 ployed in and about the fame; and will completely finiih 
 all the faid work and workmanfliip belonging to the 
 bricklayer and plallerer for building the faid intended 
 
 meliLiage, on or before the next ^nfuing the date 
 
 hereof: In confideration of which faid works fo to be 
 done and performed as aforefaid, he the fi«d Amos 
 Kent for himfelf, his executors, adminiilrators and as- 
 figns, doth covenant, promife and agree, to and with 
 the faid IF'in Bar, his executors, adminiilrators and 
 aHigns, by thefe prefents, that he the {-ahiXAmos Kent, 
 his executors, adminiilrators and aliigns, Ihall and will 
 well and truly pay qr caufe to be paid unto the faid 
 Win Bar, his executors, adminiilrators and aiTigns, 
 for all fuch work which ihall be by him and them 
 done and performed in and about the faid buikling, 
 ornamental work excepted, at and after the rate of 
 
 per yard, for every yard which the faid work 
 
 fliall meafure, accounting three feet fcjuare for every
 
 A G R E E M E N T. 81 
 
 yard, and in full for all the faid ornamental work 
 
 ib to be done and peri'oinied as aforelaid, and will pay 
 ?^11 the faid money in manner following, viz. 
 In witnefs, £vV. 
 
 Articles ofCG-partnefslAp^ hetnoeen nvo Tradcsiiien, 
 
 Articles of agreement, fi'c. Firft of all the faid 
 Abel Broivn and Peter Moor have agreed, and by thcfe 
 prefents do agree to become co- partners together in the 
 art or trade o{ painting, and all things thereto belong- 
 ing, and alfo in buying, felling, vending and retailing 
 all forts of wares, goods and commodities belong- 
 ing to the faid trade o[painti?ig ; which faid co-part- 
 
 ncrlliip it is agreed (liail continue from , for and 
 
 during, and unto the full end and term of ten years, 
 from thence next enfuing, and fully to be complete and 
 ended. And to that end and purpofe he the faid .-Ibel 
 Brown, hath tlie day of the date of thefe prefents deli- 
 vered in as llock, the fum of , and the faid Peter 
 
 Moor, the fum of , to be \)'iC(\^ laid out, and em- 
 
 pio3'ed in common between them, for the management 
 of the faid trade iy^ painting, to their utmoll benefit and 
 advantage. And it is hereby agreed between the faid 
 parties, and the fiid co-partners each for himfelf re- 
 fpedilively, and for his own particular part, and for his 
 refpeclive executors and adminifb-ators, doth co-- 
 vcnant, promife and agree each with the other of them, 
 his refpedive executors and adminiftrators, by thefe 
 prefents, in manner and form following, that is to lay : 
 
 That they tlie faid co-partners ftiall not, nor will at 
 nny time hereafter, ufe, exercife or follow the trade of 
 painting aforefaid, or any other trade whalfoever, dur- 
 ing the faid term, tothcirprlvatc benefit and advantage ; 
 but (hall and will, from time to time, and at all times 
 
 [ 11]
 
 82 AGREEMENT. 
 
 dviring the faicl term, (if they fliall fo long live,) do 
 their, and each of their bell and utmoll endeavors, in 
 and by all nieans poffible to the utmoll of their ikiil 
 and povrer, for their joint interell, profit, benefit and 
 advantage : and truly employ, buy, fell and merchan- 
 dife with the llock as aforefaid, and the increafe there- 
 of in the trade of painting aforefaid, without any iin- 
 iiler intentions or fraudulent endeavors whatfoever. 
 And alfo, that they the faid co-partners fliall and will, 
 from time to time, and at ail tmies hereafter during the 
 faid term, pay, bear and difcharge equally between 
 them the rent of the fliop, which they the faid co-part- 
 ners (liall rent or hire for the joint exerciling or mana- 
 ging the trade aforefaid. And that all fuch gain, pro- 
 fit and increafe, that Ihail come, grow or arife, for or 
 by reafon of the faid trade or joint buiinefs as aforefaid. 
 fliall be from time to time during the faid term, equal- 
 ly and proportionably divided between them the faid 
 co-partners, Ihare and fliare like. And alfo, that all 
 fuch loffes as fliall happen in the faid joint trade, by 
 bad debts, ill commodities or otherwife, without fraud 
 or covin, fliall be paid and borne equally and propor 
 tionably between them. And further, it is agreed by 
 and between the faid co-partners, that there fliall be had 
 and kept from time to time, and at all times during the 
 faid term and joint bufinefs and co-partnerfliip toge- 
 ther as aforefaid, i)erfe6l, jult and true books of ac- 
 counts, Vv'herein each of the faid co-partners fliall duly 
 enter and fet down, as well all money by him received, 
 paid, expended and laid out, in and about the manage- 
 ment of the faid trade, as alfo all wares, goods, com- 
 modities and merchandifes by them, or either of them, 
 bought and fold by reafon or means, or upon account 
 of the faid co-])artnerniip, and all other matters and 
 things whatfoever to the faid joint trade, and the man- 
 agement thereof in any wife belonging or appertaining, 
 which faid books fliall be ufed in common between the
 
 AGREEMENT. 8i 
 
 faid co-partners, fo that cither of them may have free 
 accefs thereto without any interruption of the other. 
 And alfo, that they the faid co-partners once in three 
 months, or oftner if need Ihall require, upon th^ rca- 
 fonablc rcquell: of one of tliem, Ihall make, yield and 
 render, each to the other, or to the executors and j^- 
 minillrators of each other, a true, juft, and perfect ac- 
 count of all profits and increafe, by them, or either of 
 them m:ule, and of all lollcs by thera or cither of them 
 fultained, and alfo of ail payments, receipts, dilburfe- 
 ments, and all other thiui^s whatloevcr, by tliem made, 
 received, difburfed, a^led, done or fuffered in the faid 
 co-partnerlhip, and joint bufmefs as aforefaid ; an.d the 
 fame account lb made, ihall and will clear, adjull, pay 
 and deliver each unto the other at the time of making 
 fuch account, their equal (hares of the profits fo made 
 as aforefaid : And at the tnd of the faid term of ten 
 years, or other fooner determination of thefe prefents 
 (be it by the death of one of the faid partners or other- 
 wife) they the laid co-partners, each to the other, or in 
 cafe of the death of either of them the furviving party, 
 to the executors or adminiflrators of the party deceaf- 
 ed, flvall and will make a true, juft and final account of 
 all things as aforefaid, and divide the profits, aforelaid, 
 and in all things well and truly adjuft the fame, and 
 that alfo upon the making of fuch final account, all and 
 every the ftock and ilocks, as well as the gains and in- 
 creafe thereof, which (hall appear to be remaining, 
 whether conhlting of mjoney, wares, dei>ts, &c. (hall 
 be equally parted and divided between them, the faid: 
 co-partners, their executors or adminiflrators, fliare 
 and fliare alike. 
 Liwitnefs, Sec,
 
 U AGREE M £ N 1^: 
 
 Articles cf Marriage. 
 
 Articles of agreement of three parts indented, made, 
 i^c. between Abel Bcek, of — — , of the firll part, Es- 
 ther Dos, of daughter of, ^c. of the fecond part, 
 
 and Charles Doe, of — — , and Enoch Fcsset, of , 
 
 of the third part, as folio weth : 
 
 Whereas the faid Esther Doe is fei^ed to her, and 
 to her heirs in fee fimple, of and in certain lands, mes- 
 fuages or teiiements, with their appurtenances, lituate, 
 ]3ing and being, ^c. And whereas a marriage is Ihort- 
 ly intended to be had and folemnized between the laid 
 Abel Beck and Esther Doe, with whom the fiiid Abel 
 
 Beck is to have and receive dollars in money, 
 
 over and befides the lands, feV. above mentioned, as 
 iind for her marriage portion ; it is therefore covenant- 
 ed and agreed by and between the faid parties to thefe 
 prefentSj in manner and form Ibllowing, that is to ftiy : 
 
 Firft, the faid Abel Beck for himfelf, his heirs, exe- 
 cutors and adminiftrators, doth covenant and agfee to 
 and with the iliid Charles Doe and Enoch Fessct, their 
 heirs and aifigns, that they the faid Abel Beck and Est. 
 her Dee, his" intended wife, in cafe the faid intended 
 inarriage fhall be had and folemnized, by ibme good 
 and fufficient conveyance or conveyances in the law, 
 fliall fetde and allure all thofe lands, mefTuages or ten- 
 ements, with the appurtenances whereof fhe the faid 
 Esther Doe is feized as aforciaid, on and to the laid 
 Charles Doe and Enoch Fesset, to the ufe and behoof 
 of the laid Abel Beck, and his aifigns, during the term 
 of his natural life; and from and after the deceafe of the 
 h\(\ Abel Beck, then to the uic and behoof of the faid 
 Esther Doe, his faid intended wife, for and during the 
 term of her natural life ; and from and after her de- 
 ceafe, then, to the ufe and behoof of the heirs of the;
 
 A G K i: E M E N T. 85 
 
 body of the laid Esther Doc, by the faid Jbd Bcck^ 
 lawl'ully to be begotten ; and for the dciault of'iueh is- 
 fue, then to the ule and beiiooiorthe laid Enthcr Doe^ 
 her heirs and alhgns, for ever, and to and for lio other 
 life, intent or pur[.oie whatfoever. 
 
 And whereas the laid Eatbe)' Doc, is alfo pofrcfTcd 
 of or interelled in, for the remainder of a temi uf nine- 
 t) -nine years ;,if ilie flialifo long livejall that melfuage 
 or tenement, wiih the appurienances, lituale, <i/c. by 
 virtue of a eertain iadentuie of Icafe thereof granted to 
 
 the laid Esther Doe, by Lenox JSIoony, of . . Now 
 
 the faid Abd Bcck, for himfcif, his heirs, executors 
 and adniinillrators, doth further covenant, grant and 
 agree, to and vith the faid Charles Doc, aiid Enoch 
 i*Vio6'if, their heirs and aHigns, that they the faid..#c7 
 Bcck^ and Esther Doe^ his faid intended wife, (in cafe 
 the faid marriage P.iail take efte6l) iliall and will, by like 
 good and fufficient conveyances in the law, fettle and 
 allure the faid melfuage or tenement, w ith the appur- 
 tenances, in fuch maniiCr as that the lame may be held 
 and enjo} ed, and the rents and profits thereof mav be 
 had, received and taken by the laid Abel Jhck and his 
 alligns, during lb many }enrs of the laid term as he 
 lliall happen to live ; and horn and after his deceafe, 
 then by the faid Esther Doe, his faid intended wife, 
 and her alhgns for and during lb many years of the faid 
 term as (he Ihallhaijpen to live, and liom and after her 
 deceafe, then by fuch children of the lirid Esther Doc^ 
 by the faid Abel Beck to be begotten, in fuch manner 
 as that it may notbe in the j.oNrer of the faid Abd Beck 
 to defeat fuch their iilue ; and for default of hich ilfue, 
 then by the executors, adminitlrators or afligns of the 
 laid Esther Doc, and upon no other trull, and to and 
 for no other ufe, hutent or purpofe w hatfoever. 
 
 Arid forafmnch as the faid Abel Beck, is not at pre- 
 3>iit feized or poifeired of an cltate fufiicicnt to make a
 
 86 AGREEMENT. 
 
 jointure for the fakl Esther Doe, his intended v/iie, 
 equivalent to her fortune, the faid Abel Beck, doth for 
 himfelf, his heirs, executors and admhiiftrators, cove- 
 nant, f^rant and agree to and with the faid Charles Doe 
 and Enoch Ecsset, their heirs and aiVig'ns, that in cafe 
 the faid intended marriage Ihall take effecl (and left he 
 the faid .'i3<?/ Beck fhould happen to die in the lifetime 
 of the faid ^ r/j^r Doe,) he the (liid Abel Bcck,^Y<\\i 
 and will, by his laft will and tcilament ni writing, or 
 otherwife, give and affure unto thefiiid Esther Ejoe, the 
 i\;fji of — - dollars, or the full value thereof in lands, 
 tenements, goods or chattels, to be at her o^vn proper 
 dif]-)Oil\l, and to be by her received and taken to her 
 awn proper ufe and benefit. In witnefs, '<^c. 
 
 Bei'xern a Master Ship^iVright and his JVorhneiufor 
 building a 7iew Ship, pursuant to articles of agree-. 
 Tnent between the Master Shipwright and the Mer- 
 chant or Owner. 
 
 Agreed the day of , between ^<f77r)' Coats, 
 
 of , and Robin Shaw, of , and JFaltar Man, 
 
 of , of the one part ; and/?<7(7C Shaft, of , of 
 
 the other part, as foUoweih, to wit : 
 
 Whereas the faid Isaac Shajt, by articles of agree- 
 ment, dated, l^c. hath contracled and agreed with Tho- 
 
 -mas Coatcs, of , for building the hull or body of 
 
 a new fliip or vefTel at his yard in Rciley^ aforefuid, to 
 be of the diraenfions, and in manner as in the faid ar- 
 ticles is mentioned, and to launch the faid fliip into the 
 
 jiver oF , on or before the laft fpring tide in the 
 
 month of May next enfuing the date hereof. Now 
 thefe prefents witnefs, that the faid Henry Coates, Ro- 
 bin Shaw and lEaltar Man, for themfelves, their exe- 
 cutors andadminiftrators, jointly and feverally,do here-
 
 AGREE M E N T, 87 
 
 hy covenant, promife and ai^rec to and \vith the faid 
 l^aac Shaft ^ his executors, iidminillratois and ufil^ns, 
 that they the laid Henry Coaces, Robin Shwii^dLwA IVal- 
 tar j\Lm^ their executors or achninillni.tors, I'ov the 
 conhderations hereafter menlioncd, with timbei, pkink 
 and other materials, to be provided by andatihe charge 
 of the faid Isaac Shaft, at his yard in Reilvy afoiefaid, 
 lliall and ^\ill do and perform, or ca.ule and procure 
 the iliipvvrights work and workmanlhip, which accord- 
 ing to the faid recited articles is and ouij^ht to be done, 
 for the building and finilliing the faid hull of the faid 
 fliip, to be clone and performed in good, fubUantial and 
 workmanlike manner, to the content and good liking of 
 the faid Isaac Shaft, and as he the faid Isaac Shaft, or 
 his aligns, Ihall from time to time direcl aijd appoint, 
 and lliall and will launch the faid ILip into the river of 
 
 , on or before the lafl fpring tide in the month of 
 
 May next enfuing the date hereof, and clear the launch 
 M-herein the faid fliip fliall be built, immediately after 
 launching thereof. In confideration of which faid 
 w^ork and workmaniliip fo to be done and performed as 
 aforefaid, the faid Isaac Shaft for himfelf, his execu- 
 tors and adminiilrators, doth hereby covenant, promife 
 and agree to and with the faid Henry Coates^ Robin 
 Shaw and fValtar Man, their executors, adminiftra- 
 tors and afligns, jointly and feverally, that he the faid 
 Isaac Shaft, his executors or adminiilrators, fliall and 
 will well and truly pay or cuufe to be paid, unto the faid 
 HcJiry Coatcs, Robin Shaiv and JTa/tar Man, their 
 executors, adminiftrators or afilgns, fome or one of 
 
 them, at and after the rate of per ton for cvcry 
 
 ton,for which he the faid Isaac Shafts his executors 
 or ailminillrators, Ihall be paid by the faid 1 homas 
 Coatcs, according to the faid articles, and fliall and w ill 
 pay a proportionable part of the faid money, from time 
 to time as the faid w ork fliall be performed, and all the 
 refidue of the faid money which lliall grow due as afore-
 
 sa AGREEMENT. 
 
 faid, and alfo the further fiim of , over anu abov^ 
 
 the laid money to grow due as aforefaid, within - — — 
 days after launching "the laid fiii.p. 
 In witrieis, &c. 
 
 Bct'vecii person:: to jit out a Vessel from one Port to 
 another. 
 
 Whereas T%omas Bozton^ commander of the good 
 fliip called the Fierce^ whcr^oi Samuel Cojnmon^ of 
 
 . , and Geoyge Paine, of , are part ov/ners, is 
 
 bound out in and with the fiiid fhip, on a voyage to 
 China., and back again to the port oi Xevj-York, And 
 whereas the faid Samuel Common., George Pabie and 
 Thomas Boston, have agreed to make up togeUier a 
 
 {lock of -dollars, to be laid out and invefted in 
 
 goods, wares and merchandifes, for the equal benelit 
 of all the faid parties, for which purpofe the laid Sa- 
 T.iuel Common and George Paine, have each of them, 
 paid into the hands of the laid Thomas Boston^ the fun), 
 of — ■ — dollars, the receipt whereof the faid Thofnas 
 Boston doth hereby acknowledge : Now therefore, it 
 is agreed between all the faid parties, and the faid 
 Thomas Boston, doth hereby covenant, promife, and 
 agree, to and with the [?AdSamuelCom?non, ?indGeorge 
 Paine, their executors, adminiitrators and afligni, 
 jointly and feverally, that he the faid Thomas Boston.. 
 
 ihall and uill add and make up dollars, of his 
 
 own money, to the laid — — dollars, paid him by the 
 faid Samuel Common and George Pai?ie, and that he 
 the faid Thomas Boston, fliall and will upon the faid 
 jQjip's arrival at China, or in her faid intended voyage, 
 layout and inveR the fume in goods, wares and mer- 
 chandifes, to the moil profit and advantage of all the-n 
 ■he faid par' les, that he can, according to the bell of
 
 A G R E E M E N T. 89 
 
 hisjuclgment, and with refpcvS^ to the orders and di- 
 rections ot" the laid SuniiiL-l Common and George Fame, 
 in and tOLichini^ the laine, and Ihall And will bring 
 hon:ie the effecU anil produce thereoi' in and with the 
 laid ihip, (the carualiits ot" the leas excepted,) and up- 
 on the arrival at JWw-Yor/i, or any port ni the United 
 States, or Iboner, it" opportunity Ihali lerve, lliall and, 
 
 will fend the invoiee of the produce of the faid 
 
 dollars, to the ^did Samuel Commo;i and Gtorgc PainCy 
 their executors or afligns, or fonie of them, at A'eiv- 
 York ; and will alfo make a jull and true account to 
 them, or fome of them, of all the produee of the faid 
 
 dollars. And it is agreed between all the faid 
 
 parties, thut all tlve produce and efiects of the faid 
 
 dollars, Hk;!! be fo fold and difpofed of at A*. York, with 
 all convenient expedition after the arrival thei eof, for 
 the equal advanlaj^e of all the faid parties, and that each 
 of them Ihall have and receive one full third part of the 
 net proceed thereof : And that no benefit of furvivor- 
 Ihip Ihall come unto or be claimed by any of the faid 
 parties, of, in or to the faid dollars, or the pro- 
 ceed, by the death or deceafe of cither or any of them. 
 In witnefs, 8cc. 
 
 To go^ set iip^ and bu'iUl a Schooner on th.e Western 
 JFatcrs. 
 
 Agreed the ^c. between William Hincy, of , of 
 
 the one part, and Jacob Lanc^ of , of the other 
 
 part, as followeth, viz. 
 
 The faid IVm. Hiney\ in confideration of the fum of 
 -, to him in hand paid by TiTus Siilcs, of 
 
 by the dire(::\ion or procurement of the ]i^\.\\dyacob Lane^ 
 at or before the fealing hereof, on account and in purt 
 of tlie monies to grow due and payable for his ferviee, 
 
 [ 12]
 
 90 AGREEMKNT^ 
 
 as herein is after mentioned, and out of which the Tame 
 is to be allowed, as hereinafter is expreifed, whereof 
 he acknowledges the receipt, and for the further con- 
 lideration liereunder mentioned, he the faid //';;/. /^i- 
 7iey doth hereby covenant, promife and agree, to and 
 ^vith the faid Jacob Lane^ his executors and admini- 
 llrators : That he the faid Wm. Hiney Ihall and will 
 proceed without delay to the town of Maysijille^ in 
 the Hate of Kentuchy^ and Ihall in the neighborhood 
 thereof,or at any other place within the faid ftate o'lKen- 
 tuchy^ to which he fliall be oidered by the correfpon- 
 dents or affigns of the faid Thus Stiles^ they having 
 previoufly obtained at fuch place, the hberty of uhng 
 timber, fuitable for the purpofe, cut down and prepare 
 all the timbers, together with a complete fuit of malls 
 and yards, fitting for a fchooner of the following dimen- 
 fions, viz. 
 
 And fliall at tiie coPis and charges of the faid Jacob 
 I^ane^ and on the moil advantageous terms in his pow- 
 er, procure all the plank and other materials neceifary 
 for the hull or body of fuch a vefTel, and fliall from time 
 to time as may be ncccflary, hire a fufficient number of 
 workmen or other laboring hands, to afiift him in com- 
 pleting the work hereby agreed to be performed, and 
 ihall in a fubilantial and workmanlike manner com- 
 pletely build and finifli the faid fchooner, with all the 
 appurtenances to her belonging, and make her fit for 
 fervice, and launch and deliver her in fafety unto the 
 corrcfpondents or aifigns there of the faid Titus Stiles. 
 And the faid Jacob Imiic for himfelf, his executors 
 and adminifirators, doth covenant, promife and agree^ 
 to and with the faid Win. .Hiney, his executors and as- 
 figns, by thcfe prefents, that in confideration of the 
 works, matters and things fo to be done and performed 
 by the faid Jf'm. Hiney as aforefiud, he the faid Jacob 
 Lctne^ hisexcculorsandadminiftrators, or the faid Titnz 
 
 i
 
 A G R E E M E x\ T. 9^ 
 
 Stihs, his executors, corrcfpondents or afTigns, or fome 
 of them, Ihall and will pay and allow, or cauCe to be 
 paid unto the laid 7/7//. itincy^ or his aflii^ns, at and 
 
 after the rate of dollars per week for fo lonj^ time 
 
 as he Ihall continue in, and until he ihall be difcharged 
 from the fervice aforeiaid, by equal half yearly pay- 
 ments, as follow eth, viz. the moiety of each half yearly 
 payment unto Elizallmey^ the wife of the {^^fllVm.Hi' 
 ncy\ or fach otiier perion or perfons as he hath or fluill 
 order and empower to receive the fame in Philadel- 
 phia, and the other moiety of each half yearly payment 
 thereof, unto the fuid JTm. H'lncy, or his afiigns, at 
 Maysmlle^ in the Hate oi Kentucky, the firft of which 
 faid payments,, both in Philadelphia and Mays'uillc, 
 are to be,y;in and to be made at the end of fix months 
 after the faid //7;;. llincy Ihall fet out and proceed on 
 his journey from Philadelphia, to Mays'oille, in the 
 Hate o{ Kentucky aforeiaid. Neverthelefs, it is declar- 
 ed and agreed, that the faid Titus Stiles, is to be repaid 
 
 and allowed the faid dollars, fo bv him advanced 
 
 and paid at the fealing hereof, out of the firll half year- 
 ly payment to grow due as aforefaid, and ilialland may, 
 for that purpofe, keep and retain the fam.e ; any thinjj; 
 aforefaid to the contrary notwithftandiug : And the faid 
 Jacob Lane Jor himfelfjiisexecutorsand adminillrators, 
 doth covenant, promife and agree to antl with the faid 
 Frm. Hiney, his executors and aiTigns, by thcfe pre- 
 fents, that he the faid Jacob Lane, his executors and 
 adminillrators, or the faid Titiia Stiles, his executors, 
 oorreipondents or alTigns, or fome of them, Ihall and 
 w\\\ pay and allow, or caufe to be paid unto the faid 
 JTm. Hiney, or his affigns, from time to time, as the 
 fame may be nccefTary, all fuch fums of money as fliall 
 be rc([uired to defray the expenfe of proem ing the ma- 
 terials aforefaid, and to pay the monthly wages cf the 
 workmen and other laboring hands to be hired bv tlier 
 faid JFni. Hiney, in conformity with the tenor of thi* 
 igreement. [^Penalty as before.''^ In witness, ^Sq.
 
 92 AGREEMENT 
 
 To carry Passengers from one Port to another. 
 
 Agreed the day of , between John Gates, 
 
 mailer of the Ihip called the Eliza^ bound out on a 
 voyage to j\'evj-Orlea?JS, of the one part, and Henry 
 Kyle', John Lamb and Henry Mun, for themfelves, 
 fpr and on beh^f of about tnvcnty other perfons, men, 
 women and children, of the Hate of Massachusetts, 
 who fliall be conveyed in the faid fliip and voyage for 
 Ke%v -Orleans, of the other part, as followeth, viz. 
 
 The (aid John Gates, doth hereby covenant and a- 
 gree to and with the faid Henry Kyle, John Lamb and 
 Henry Man, that in confideration of his being paid — - 
 dollars per head, by or for fuch and fo vr*any of the faid 
 paffen.^ers or perfons fo to be conveyed, men, w omen, 
 and children, accounting tv,'o children under ten years 
 of age but as one chHd or perfon, and fucking children 
 as none, at or before his, her, or their entrance on 
 board the faid fhip, he the i.udJohn Gates, will receive 
 him, her, and them, by or for whom he Ihall be fo paid 
 as aforeicud on board tlie faid ihip within ten days from 
 the date hereof, from Boston outwards, and a cheft or 
 trunk for each paffenger, and will provide them m ith 
 cabins, and convenient room for lodging, and v.hole- 
 fome and fufficient visuals and provifions, during the 
 faid voyage, and \y\\\ with all convenient fpecd depart 
 from and out of Boston harbor, (and go either with 
 
 the convov, or, with fome other convoy,) and fail 
 
 and apply direcHy to the city q{ jXew -Orleans, and 
 there will deliver the faid paffengers, and their chefts, 
 trunks aiKl goods allibre, without paying or allow^ing 
 anv other charge than the faid -— dls. per head as afore, 
 faid, (the dangers of the fea and providential accidents 
 excepted:) And the faid ./(?/?« Gates, doth hereby ac- 
 knowledge to have received a bill for — dollars drawn 
 upon or payable by Henry Jraln,.\\h\ch fum is in part 
 of what he fhall receive for fo many of the faid paffejx-
 
 A G R E E M E N T. 93 
 
 gers, for wliom the faid dollars per head fhall be 
 
 paid as albrelaid, in id is to be allowed accr3rdini^!) ; and 
 the laid Henry Kyle, John Lamb and Henry Mun, on 
 behalf of thenifelves and the faid other i)erf()ns, do eo- 
 venant, promifc and agree, that they ihall ^o onboard 
 at any time within the time aforefaid, iiponyo//r days 
 notice given to the faid Henry Kyle, John Lamb, and 
 Henry 'Mun, by the faid John Gales, In witnefs, ^c. 
 
 To indemnify a person on his deli'verifi^q- JKri tings, and 
 to produce Them if occasion requires. 
 
 To all perfons to whom thefe prefents fliall come, 
 Abel Knox, Boiven Lynch, Charles Lick, and Daniel 
 Still, fend greeting. 
 
 Whereas Enos Snoivden, of , hr>th on the day 
 
 of the day hereof, delivered unto the faid Alwl KnoXy 
 liowen Lynch, Uc. the feveral deeds or m ritings fol- 
 lowing, viz. — ; the receipt of all which faid writings 
 they the faid Abel Knox, ^c. do hereb)- acknowledge, 
 and thereof acquit and for ever difcharge the faid Enos 
 Snow den, by thefe prefents. And therefore, they the 
 faid Abel Jvnox. 8rr. for themfeUes, their and each of 
 their executors and a(!minillrators, do jointly and feve- 
 rally covenant, promiie and agree, to and with the faid 
 Enos Snoivden, his executors and adminiftrators, by 
 thefe prefents, that they the faid Abel Knox, ^c. their 
 heirs, executors, or adniinillrators, or feme of them, 
 fliall and will from time to time, and at all times here- 
 after, well and fulficiently fare harmkfs and keep in- 
 demnified the faid Enos Snoivden, ^c. his ^c. from 
 and againfl all manner of coils, charges, exnenfes and 
 <lamages which he the faid Enos Snoivden, bV. his ^c. 
 fhall at any time or times hereafter bear, pay, fuftain or 
 be put unto for or concerning the faid writings, or de-
 
 B4> AGREEMENT. 
 
 livery thereof as afore faid : And likewife that they 
 the faid ylbel Knox\ ^c. their &c. Ihall and will 
 from time to time, and at all times hereafter, upon the 
 requtrft of the faid Enos Snowden, his &c. produce and 
 lliew, or caule to be produced, all or any of the faid 
 deeds or writings, in any court or courts of record as 
 occafiQD fhail require, in afuit now dependiniz; between, 
 the faid Enos Snow den, and Filbert Lamb^ &c. 
 In vritnefs, &g. 
 
 For Freight to a place hetivcen the Master of a Sbip^ 
 mid a Merchant. 
 
 Agreed, ?cc. between IVill'iam Murphy^ of , 
 
 mafter of ihe fhip Ganges^ burthen of about tons, 
 
 now at anchor in , and forthwith bound out on a 
 
 voyage to Havanna, of the one part ; and John Jackson^ 
 
 of , merchant, of the other part, as foUoweth, that 
 
 is to fay : 
 
 The faid Wm. Murphy, mafler, for the confideration 
 hereunder mentioned, doth hereby for himfelf, his ex- 
 ecntors and adminiftrators, covenant, promife and a- 
 gree, to and with the faid John Jackson^ merchant, his 
 executors, adminiftrators and affigns, that the faid (hip 
 fhali -R-ith all expedition be made ready, and provided 
 in all refpc6ls, fitting for fuch a fhip, and the voyage 
 aforefaid, and fliall receive and take aboard her, for the 
 iA\^ merchant, [name the goods,'] and w'whm tvjenty 
 daj's after the date hereof, fhall fet fail and depart from 
 
 , outwards, and wind and weather ferving, fhall 
 
 fail direclly tnHa^anna, and withinyfi;^' days after her 
 arrival thee, fliall iniladeand deliver the fame unto the 
 faftorsor alTigns of the faid merchant, (the dangers of 
 the fea, enemies, and the reftraint of princes and rulers 
 always excepted :) 2LX\(\i\iQ lAid merchant for himfelf,.
 
 A P P O I N T M E N T. 95 
 
 >.is executors or afrui;ns, doth hereby covenant and a- 
 gree to and with the laid mailer, his executors and as- 
 lii^ns, that he the laid merchant, his executors, fudors 
 or alligns, Ihall or will lade or tender the laid \the 
 goods,^ to be laden on board the laid Ihip, and receive 
 aiid dil'charge the fame from aboard her at Haiianna^ 
 within the rclpeclive times therefor limited ; and will 
 truly pay, orcauleto be paid unto the S.,i\i\ master^ his 
 executors or alhgns, lor IVeii^ht thercofat and alter the 
 rate of ten dollars per ton, immediately after a right 
 difcharire and delivery thereof at Haiicmna aforefaid, 
 with primage and average, accultomed, and two third 
 parts of all port charges to grow due during the faid 
 voyage, the other third part \hereof to be paid by tlte 
 iaid mafler. {^Penalty as before.'] In witnefs, 8cc. 
 
 :^ppointment* 
 
 > 
 
 Of a Guardian by a Father for his Son, 
 
 KNOW all men by thefe prefents, that I Mel Bear, 
 of -7— » l^ave committed and difpofed, and by thefe 
 prefents do commit and dilpofe unto Peter Dexter^ of 
 — ^ — , the cuilody, tuition and education of my fon 
 Richard. Bcar^ from and Immediately afier my deceafe, 
 until my laid fon Ihall attain his age of twenty- one 
 years; and if it lliall hajipen that the faid Peter Dex- 
 ter dies before me, or before my faid Ion attains his 
 age of t\\enty.one years, thenand'in fuch cafe 1 do com- 
 mit ai>d dilpofe unto Isaac Dcxier, of , fuch cuf.
 
 96 APPOINrMKNT. 
 
 tody, tiiHion and education, after my deceafe, and the 
 deceafe of the faid Peter Dexter^ until my faid fon at- 
 tains his age of tv\enty-one. years, and humbly delire 
 the faid Isaac Dexter^ to take upon him the trouble 
 for die good of my faid fon. 
 
 ICT Till the age of tu-enty-one years, the empire of 
 the father continues even after his death, f(jr lie may 
 by his will appoint a guardiim to his children. 1 Blac, 
 479. 
 
 Of Executors in the room of deceased ones. 
 
 To all to whom thefe prefents fliall come, we, Abel 
 
 Adams^ of , and Bennett BoToen^ of '-, fend 
 
 greeting : \_Here recite the vjill authorising the sur- 
 njii'ing executors to appoint in the room of those who 
 die, and the death of such,'] Now know ye that we 
 the faid Abel Adams and Bennett Bowen, furviving 
 executors of the lad will and teitament of the faid Ca- 
 leb Coates, do, and each and every of us doth, purfuant 
 to the power and authority, dire^tioiis, and appoint- 
 ments in and by the faid will of the laid Caleb Coates, 
 in that behalf mentioned and contained, as far as in us 
 lieth, and we lawfully may, by thefe prefents, choofe, 
 
 nominate and di\s\iomt Daniel Dowu of , 2iX\^Enos 
 
 Edes^oi , to be executors of the w^ill of the faid 
 
 Caleb Coates, in the room. Head and place of the a- 
 hovQ.u:x.mzd Francis I'^anc, and Goflieb Gough, de 
 ccaied, to act in conjunction with us the faid Abel A- 
 dams and Bennett Bowen, m all matters and things re- 
 lating to the faid executorfhip. And we the -.iid Abel 
 Adams di^d. Bennett Bo^^en, do, and each and every of 
 us doth hereby give and appoint unto the ibid Daniel 
 Donn and Enos Edes, all the power and authorit}- 
 which \ve may, can, or ought to give and commit by 
 virtue of the will of the faid Caleb Coates, to any per-
 
 APPOINTMENT. 97 
 
 Ton or perfons, in the room and Head of ilic faid Fran- 
 cis Fane and Goilicb Gou^b^ as they the Iliid Francis 
 Inme and Gotlieb Goiigh u ere two of the executors of 
 the lall will andtednnent of the faid Caleb Goaf a, to- 
 gether \A ith the allowance mentioned in the faid will, 
 for their and each of their trouble and care in aC^ins^ in 
 the execution of the faid will, for fo long time as they 
 the faid Daniel Donn and Enos Edcs^ or either of theiii 
 
 fliall a^\ therein- In witnefs, SsPc* 
 f 
 
 •Of a Guardian of Person and Estate^ ''^i^^^ poroer ft/ 
 let Lands ^ yc. 
 
 Know^ all men by thefe prcfents, That I Abel Betz 
 
 fon and heir of Thomas Bctz^ late of , being of 
 
 the age of feventeen years, have nominated, elecrled 
 and appointed, and by thefe prefcnts do nominate, elect 
 
 and appoint Pc/^cT iiy(?^;^, of , to be guardian of 
 
 my perfon and eftate until I fliall attain the age of 
 twenty-one years: And 1 hereby promife to be ruled 
 and governed by him in all things, touching my wel- 
 fare : And I do alfo hereby authorife anj empower the 
 faid Peter Aleck, to enter upon and take polTefllon of 
 all and every my meffuages, lands, tenements, heredi- 
 taments, and premifes whatfoever, fituate, lying and 
 being in Lebanon, in the county of Dauphin, or clfe- 
 where, whereunto I have or may have any right or ti- 
 tle, and to let and fell the fame, and recene' and take 
 the rents, iffues and profits thereof, for my ufe and be- 
 nefit, during the term aforelliid, giving unto the faid 
 Peter Meek, my full power in the ))rcmifes ; and what- 
 foever he fliall lawfully do, or caufe to be done in the 
 {l\id premifes, by virtue hereof, I do hereby promife to 
 confirm. 
 
 Ill v/itnefs, 2vC,
 
 99 APPOINTMENT- 
 
 Of a neiv Trustee in the place of one dec^eased, 'with a 
 ' declaration of trust. 
 
 Whereas? a marriage was foon after the execution of 
 the within written indenture, had and folcmnized be- 
 tween the within named Arthur Aid and Sarah Fields 
 and the within named John Jukes^ one of the truftees 
 therein named is hnce dead, ^vhereupon the faid Arthur 
 Aid and Sarah his wife, in purfuance and performance 
 of the power and authority within given and referved 
 to them fo»' th?i<- p«vpnf<?, have nominated and appoint- 
 ed, and by thefc prefents do nominate and appoint Jo^ 
 sephJ'ones^ of ^nnes^s-lown, in the county of Dauphi?i. 
 gentleman^ to be a new truftee for the purpofes within 
 mentioned, in the place of the faid deceafed trullee. 
 And whereas the Vv^ithin named Charles Careful, the 
 furviving truftee, hath an or before the day of the date 
 hereof, (with the confent and approbation of the faid 
 Arthur Aidanc} Sarah his- wife, teftified by their exe- 
 cuting thefe prefents,) caufed the within mentioned fum 
 of — of the United States bank ftock, to be trans- 
 ferred unto him the faid Charles Careful, and the faid 
 Joseph Jones ; and the fame is now ftanding in thejoint 
 names of them the faid Charles Careful and Joseph 
 Jones, in the proper books kept for fuch purpofe, at 
 the bank of the United States : Now therefore a\ itnefs 
 thefe prefents, that it is hereby covenanted, concluded, 
 •and agreed, by and between the faid Arthur Aid and 
 Sarah his wife, and the faid Charles Careful and Jo- 
 seph Jones, that the faid fum of of bank ftock 
 
 before mentioned, to be transferred unto and ftanding 
 in the names of the ftiid Charles Careful and Joseph 
 Jones, were and are fo transferred unto them, and that 
 they the faid Charles Careful and Joseph Jones, their 
 executors and adminiftrators, fliall and will ftand and. 
 be pofreflbd thereof, and of the dividends, intereft and 
 profits thereof; upon tl^ trufts, and to and for the ends,
 
 APPOINTMENT. 99 
 
 «ntents and purpofes within mentioned, exprefled or 
 declared, of and concerning the lame, and to and tor no 
 jther ulc, intent or purpolc whatibever. 
 In U'itnel's, &;c. 
 
 Of a Guardian by an Infant, 
 
 Know all men by thefe prefents, that I William Keyl 
 Ki\ inlant of the age q{ nineteen years and upwards, eld. 
 
 cll fon and heir of WiUiam Ncy, laO^of , esquire^ 
 
 deceafed, by Jnn his wife, have eletled, chofen, no- 
 minated anda])pointed, and by thefe prefents do ele61;, 
 choofe, nominate and appoint my uncle Enoch iVc-y, of 
 
 , esquire, to be guardian of my perfon and clta'te, 
 
 until I IhiUl attain the age of twenty-one years. Wit- 
 nefs my hand and leal, Cs.v, 
 
 \cr A male at fourteen years of age may, if his dif- 
 cretioa be actually proved, make his tellament of his 
 perfonal eftate ; atfeventeen, may be ah executor, and 
 at twenty-one, may alien his bnds, goods and chattels. 
 A female at the age of nine years is entitled to dower; 
 at twelve, if proved to have fufficient difcretion, may 
 bequeath her perfonal ellate ; at feventeen, may be ex- 
 ecutrix, and at tv/enty-one, may difpofe of herfelf and 
 her lands : So that full age in bodi is twenty-one, 
 which is completed on the day preceding the anniver- 
 fary of a perfon's birth : So that if he is born on the 
 firil of January, he. is of age to do any legal adl on the 
 morning of the lall day of December, tliough he may 
 not have lived twenty -one years by near forty-eight 
 hours. The reafou alligned is, thtit in law there is no 
 fraction of a day. 
 
 It is generally true that an infant (one under twenty- 
 one) can neither alien his lands, nor do any legal a6t, 
 nor make a deed, nor iudpt-d any manner of contract, 
 that will bind him : But ftill 10 all tbcfe ruies^ there 
 4re fome exception.^^
 
 100 ASSIGNMENT, 
 
 An infant may purchafe lands, but his purchafe is 
 incomplete ; for when he comes to age he may either 
 agree or difagree to it, as he thinks prudent and pro- 
 per, without alleging any reafon ; and lb may his heirs 
 after him, if he dies without having completed his a- 
 greement. Infant may by deed or will, appoint a guar- 
 dian to his children, if he has any. He may bind him- 
 felf to pay for his neccfTary meat, drink, apparel, 
 phyfic and fucli other neceffaries ; and likewife for his 
 good teaching and inftru6lion, whereby he may profit 
 himfelf afterwards. See 1 Blac. 490, ^c. 
 
 Of Doiver by the Heir, 
 
 Tliis indenture made, &c. between Robert Long^ 
 
 fon and heir oiOlrcer Long^ late of , of the one 
 
 part, and Polly Long^ widow andreli6l of the faid Oli- 
 'ver Long^ of the otlxr part. 
 
 Whereas the faid Oliver Lotigy ^vas in his life-time, 
 and at the tmie of his death, fcized in his demefne, as of 
 fee, of and in divers Itmds and tenements in Newbury 
 iowiuhip, in the county of York, and Hate of Pennsyh 
 i.)ania, which upon the deceafe of the faid Oli'ver Longy 
 defcended unto the faid Robert Long. Now this inden- 
 ture u itnefleth, 'i'hat the l\iid Robert I^ong, hath en- 
 dowed and affigned, * and by thefe prefents 
 doth endow and aifign unto the faid Polly Long^ the 
 
 o 
 
 * Assignor, is he that assigns— assignee heomtwhsah- e; 
 ^gnmentismade.
 
 ASSIGNMENT. 101 
 
 third part of the faid lands and tenements, to Mit : All 
 that meliuage, &c. To liave and to hold unto liic IV jd. 
 Folly Long, lor and during the ^latural lile of ihe Uud 
 Folly Long, in feveralty by metes and bounds, in ihe 
 jiame of the dower, and in rccompenfe and fatisiae^ iori 
 of all the dower which the faid Folly Long ought ta 
 have of, or in the faid lands and tenements which wcrfe 
 nf the laid Oliver Long^ in his lifetime. In wiiiiLfs, 
 
 Of part of a Cargo on board a Ship, 
 
 To all to whom tliefe prefents fliall come, Bion Beck^ 
 of , and Henry Humes ^ of , fend greeting : 
 
 Whereas the fliid Bion Beck, and Henry Flumes, by- 
 writing or bill of file under their hnnd[> and fcals, bear* 
 
 ing date the day of — —, have for the conlideia- 
 
 tions therein mentioned, granted, bargained aiid fold, 
 
 unlo Simuel Sha%i\ of , one fixteenth part 'of the 
 
 iiiip, burden about — tons, w hereof, yc/67? Cox is com- 
 mander, than at fea on a voyage to Newfoundland, as 
 thereby, relation -being tliereunto had, more evidently 
 apjjears. And whereas there is a cargo or adventure 
 of lead on board the faid Ihip, and the faid ihip hath 
 taken in at JVeiifuundland quintals of fdh on ac- 
 count of the part owners of the faid Hup, which lead 
 and hill are to be fold, and difpofed of at Liverpool^ 
 for the owners account and benefit, according to their 
 parts in the faitl fhip : And whereas the faid Samuel 
 Shavo, hath before the fealing hereof paid unto tli'e faid 
 
 Bion Beek and Henry Humes, the fiim of , for the 
 
 one fixteenth part of the coil of the lead, the receipt 
 whereof the faid Bion Beck and Henry Hu?nes, do iiere- 
 by ackno'n ledge, and hath paid or is to pay the fum of 
 
 for the one fixteenth part of the colls of the faid 
 
 fifli at J\'e%v/oundland, according to the bills draw n fgr 
 the fame : Now know ye, that for and in coniideratioi^ 
 
 ^)
 
 102 ASSIGNMENT, 
 
 of the feveral fums of , and , fo paid and to be 
 
 paid to. the faid Blon Beck and Henry Humes ^ by tJie 
 fuid Samuel Sbaw as ii^orefaid, the faid Bion Beck and 
 Henry Hui7ies\\ANQ bargained, fold,afligned, &: fet over, 
 and do hereby bargain, fell,affign-, and fet over unto the 
 faid Sanmel Sharo^ the one full and eqnaUixteenth part 
 of the cargo of lead on board the faid fhip, and of and 
 inthefiid — quintalsQl fifh, and of and inalltbeproduce, 
 proccv'd, eiifcCls, gain and advantage by and in rcfpeit 
 ther,enf, or either of tht m -, r.^d all their, and either of 
 their r'rht, title, claim and demand of, in, and lo the 
 fame : 1 o have, hold and receive the fame unto the 
 faid Samuf'l Shaw, his executors, adminiflrators and 
 •aiii"n)s, to bis and their oivn proper ufe and ufes, and 
 as his and their o-.vn proper .proods and chattels forever : 
 ?\.nd thev the faid Bion Beck and Henry Humes, for 
 themfelves, their heirs, executors, adminiltrators and 
 aifu^ns, do jointly and feverally covenant, promife and 
 aeree, to and ^ith the faid Samuel Shavo^ his heirs, 
 executors, adminiftrators and affigns, by thefe preftnts 
 as follows', to v'ii : That he the laid fi'amuel Sbaw, his 
 heirs, executors, adminillrafors and alTigns, fliall and 
 mav at all times hercaf er have, take, receive and en- 
 joy, to his and their own proper ufe and ufes, one full 
 and equal fixtgenth part of all the produce, effe6ls, pro- 
 ceed, profit and advantaj^e, by and in refpe6\ of the 
 faid cargo or adventure of lead, laden on board the faid 
 fliip, and likewife of the f^iid — quintals of fifh taken 
 in Ne^cvfoundlajid, without any let, or hindrance of or 
 by the faid Bion Beck and Henry Humes, their heirs, 
 executors, adminiftrators or afligns, or either or any of 
 them : And free and clear of ail former bargains, fales, 
 affignments, debts, charges and incumbrances whatfo- 
 ever by them, or either of them committed, done or 
 fuffered : And that they the faid Bion Beck and Henry 
 Humes, their and each of their heirs, executors, admi- 
 niftratorsand alfigus, will at all times hereafter do, per-
 
 ASSIGNMENT. 103 
 
 form and execute fiich further acl:s, deeds and things 
 for the better airigniiig the fuld premifes hereby fold 
 and alfigned unto the i'lud Samuel S/^aiv, his heirs, ck- 
 ecutors, adminiftrators and ail'igns, and for enabling 
 liim and them to demand and receive the fame to his 
 and their own proper ufe and ufes, as by him or them, 
 or his or their counfel, ihall be reafonably advifed and 
 rec^uircd. In witncfs, 8;c. 
 
 0/ Copy -right in Books. 
 
 This iadenture made, &:c. between John Lone^ of 
 - — , gentleman^ of the one part, and Ccdcb JVaync^ of 
 ^ bookseller^ of the other part. Whereas the faid 
 
 John JLove hath written and compiled a book entitled, 
 See. Now this indenture witnelfeth, that the faid John 
 
 i^oDe, for and in confideration of the fum of , to 
 
 him in hand paid by the faid Calel? IVayne^ the receipt 
 ■whereof is hereby acknowledged, hath bargained, fold, 
 and affigned, and by thefe prefents doth bargain, fell 
 and adign unto the faid Caleb Wayne ^ all that the faid 
 book, and all his copV-right, title, intereft, property, 
 claim and demand whatfoever of, in, and to the fame : 
 To have and toJiold the faid book, copy-right, and all 
 the profit, benefit and advantage thatfliall or may arife 
 by and from printing, re-printing, publifliing and vend- 
 ing the fame, unto the faid Caleb JTayne, his execu- 
 tors, adminiftrators and afligns, on the terms and con- 
 ditions and for the whole period of time provided and 
 allowed in and by an act of the congrefs of the United 
 States, entitled, " An ac\ for the encouragement of 
 leaming, by fecming the copies of maps, charts and 
 books, to the authors and proprietors of fuch copies, 
 during the times therein mentioned." Provided al- 
 ways neverthelefs, and thefe prefents are upon this ex- 
 pr<^s condition, that the nuir.ber to be printed of the
 
 104 A S S I G N M £ N T. 
 
 firll and each and every other edition or ijnpreiTion of 
 
 the fiid book, ihail not exceed — , and that the fold 
 
 CaUb IVayne^ his executors, admtniftrators and alllgns, 
 iliall^nd \viil pay unto the faid John Lo'ue^ his execu- 
 tors adminiilrators or affigns, the further fum and fums 
 
 of -, for, at, and upon the re-printing or makin^^ a 
 
 fecond and each and every other future and further edi- 
 tion or imprelTion that Ihali or may be of the faid 
 boo!:, for and towards a further reward and fatibfa6lion 
 to the faid John Loije^ for his writing and compiling 
 the fame; the laid payments to be m^de before the 
 publication of the faid feveral imprcflions or editions 
 (after the firll) and fale of the fame, or any part there- 
 of, by the f"id Caleb IFayne^ his executors, admini- 
 flrators or ailign^r, or any of them, or by any other per- 
 •fon or perfons by, for or under them, or any of them. 
 And the faid CaUb Wayne for himfelf, his executors, 
 tidminiilrators and affigns, doth covenant, promife and 
 agree to and with the find John Loije^ his executors, 
 adininiflrators and aSgns, that he the faid Caleb f Fay ue, 
 his executors, adminiilrators, and affigns, Ihall and 
 will pay, or caufe to be paid to the faid John Loi^e, 
 his executors, adminiftrators, and aliigns, the faid re- 
 
 fpe6\ive fum and fums of , at and upon the re 
 
 printing, and before the publication and fale of the 
 faid fecond and every other future and further edition 
 and impreffion that lliall or may be made of the faid 
 book, according to the provifo aforefaid, and the true 
 intent and meaning of thefe prefents. In Witnefs, 8cc, 
 
 Of a Patent for the sole use of an In'vention, 
 
 This Indenture, made, &c. between Abel Bell^ of 
 the one part, <mACalcbDoe^ of the other part. Where- 
 as the faid Abel Bell, hath, by his long ftudy, expenfei
 
 A S S I G N TsT E N T, 105 
 
 and experience, invented a method of , by a new 
 
 and ui'ciul art, [tnac/jine^ manufacture or composition 
 of matter or imj-noTicmcnt^ or eituer^ as the case may 
 ^t"] never betbic known or uied : and whereas? the 
 laid ^Ih'l Belt having prefcnted a petition to the fccre- 
 tary ol Hate of tiie United btates ai^ieeably to an act of 
 congrcfs entitled "• an a^l to promote the progrefs of 
 *'thc idlful aits, and to repeal an act heretofore made 
 *' for that purpofe,"-hath obtained lette.s patent', \n the 
 name of tlie Uniied States, and bearing tell by the pre- 
 fident thereof, granting to him, the faid Abel Bell, hi* 
 
 heirs, adminiftrators, or ailigns, for the term ol ' 
 
 years, the fall and exclufive right and liberty of mak- 
 ing, conIb-u6ling, nling and sending to others to be 
 iifed the laid invention or dlfcovery, as in and by the 
 faid letters patent, recorded in the office of the feereta- 
 ry of Hate may more full}' appear: Now this inden- 
 ture u'itneireth,that the laid Abel Bell^ for and in cou- 
 
 fideration of the fum of to him in hand paid by 
 
 the faid Caleb Doe at or before the figning of this in- 
 denture, the receipt whereof is hereby acknowledged, 
 hath granted, afligncd, aixl fct over, and by thcfe pre- 
 fents doth grant. ,alil,u;n and fet over unto the faid Caleb 
 Doc^ his executors adminiRrators or ailigns the faid 
 letters patent, and all the right, title and interell of 
 him the faid Abel Bell of, in, and to the faid inventi- 
 on fo granted unto him. To have and to hold the faid 
 letters patent and invention, with all benefit, profit, and 
 advantages thereof, to the laid Caleb Doe^ his execu- 
 tors, adminiftrators, or ailigns, in as full, ample and be- 
 neficial manner, to all intents and purpofes as he the 
 faid Abel Bell, by virtue of the faid letters patent may 
 or might have or hold the fame, if Uiis aflignment had 
 not been made, for and during all the red and refidue 
 of the faid term of years, granted by the faid letters 
 patent as aforeiaid. And the faid Abd Bcll^ dvth bv 
 
 [ 14 ]
 
 106 ASSIGNMENT. 
 
 thefe prefents conflifute and appoint the (-aid Caleb Dae f 
 his aiiignee and grantee of and for the faid invention 
 and the profits tIi*i'eof, for the remainder of the faid 
 term of years ; and the faid .il^el Bell, doth co- 
 venant to and with the faid Caleb Doe, that he the faid 
 Caleb Doe, his executors, adminifUatois, or affigns, 
 iliall and may, by virtue of tiiefe prefents, have, re- 
 ceive, and take all the profits and advantages whatfo- 
 ever, that may or fliall be made, for or by reafon cf 
 fuch invention. And that he the faid ./iZ'f/ £ell, his 
 executors, adminiftrators, or afiigns, fliall and will 
 do and execute or caufe to be done and executed, all 
 5.nd every other a6l and a^ls, thing and things, devices 
 and aiiignments in the law v^ hatfoever, for the further, 
 better and more perfe61; affigning and afTuring of the 
 faid letters patent, and the right, title, and interefl of 
 jhim the faid .4bel Bell, his executors, adminillrators, 
 or affigns, therein, and in the faid invention, unto the 
 faid Caleb Doe, his executors, adminillrators, or af- 
 figns, as by the faid Caleb Doe, his executors, admin. 
 Sftrators, or affigns, or his or their counfel in the law 
 ihall be lawfully and reafonably devifed, advifed, or 
 required. In witnefs, &c. 
 
 iCP This alignment mull be recorded in the office 
 of the fecretary of ilate : after which the aiiignee is re- 
 garded in law, in the place of the original inventor, 
 both as to right and refponfibility, and fo the aflignees 
 of affigns to any degree. See Graydojis Digest, 33 3» 
 
 Of Bond by Indorsement, 
 
 Know all men by thefe prefents, that I, the within 
 named Aaron Boas, for and in confideration of the fum 
 
 -.of -! to me in hand paid by Conrad Doe, of •, 
 
 at or before the fealing of theje prefents, the receipt
 
 ASSIGNMENT. i07 
 
 U'hereof is hereby acknowledged, have granted, bar- 
 
 i';i..:d, fold, alligned, transferred and fet over, and hv 
 
 _■ jjreibwts do grant, bargain, fell, afiign, transfer 
 
 i'ct over unto the faid 6'o;/n7^/ Z)(jc, his executors, 
 
 lillrators, or afligns, the within written bond or 
 
 < non, andthefuniof , mentioned in the con- 
 
 C' lereof,, together with all intereft due and to gro\'f 
 
 di ';iefame,andall my right, title, intereft, claim and 
 
 de' ... whatfoeve^ of, in and to the fame. And I au- 
 th.; • he faid Cojirad Doe^ in my name, to demand, 
 fue for, receive, have, hold and enjoy the faid fum of 
 
 , and intereft, to his own ufe abfolately forever. 
 
 In vvitnefs, Sec. 
 
 Another short Form. 
 
 I do hereby affign and fet over all my right!^ title, 
 claim, intereft, prooerM', and demand whatfoever, in 
 and to the within bond \_or bill.'j unto Conrad Doe, 
 for value received. Witnefs my hand and fsai, the 
 . day of . 
 
 Special Form of same. 
 
 Know all men by thcfe prefents. That I the within 
 named Abner Rctz^ in confideration of the principal 
 debt and intereft mentioned in the w ithin bond, to me 
 in hand paid, by Conrad Doe^ have afiigned, and by 
 thefe prefents do ailign, transfer and fet over the within 
 bond and the money due and growing due thereon, un- 
 to the faid Conrad Doc. his executors, adminiftrators 
 and afiigns. And farther, I do hereby covenant, that 
 if the faid money when due cannot be recovered of the 
 ivithin named Enos Faivcet, and George Hones, by 
 reafon of infolvency, or otherwifc, I will pay the fame, 
 "Witi^efs my hand and feal, tjie — ^-» day of,' ^c^
 
 10^ A S S I G N M E N T. 
 
 Another, 
 
 For a vahiable confideration to me in hand paid by 
 
 Adam Box, of — , 1 do affign and let over the within 
 
 obligation, and all moniesdue and to become due there- 
 on, unto the iaiui ddam Box, his executors, admini- 
 llratois and afiigns, and in cuie the fame cannot be re* 
 covered of the within named Caleb I)oe^ then 1 do. 
 promife and agree to pay the amount thereof, together 
 with alt charges thereupon accruing, to the faid Adajn 
 Box, his executors, adminiih'ators or alTigas. in \vit-j 
 pefs, ^c. 
 
 IC?^ AiTignments of bonds and bills in order to ena- 
 ble the afiignee to fue in his own name, mull be made 
 under the hand and feal of the affignor, and before two 
 or more credible witnefles. And it fliall not be in the 
 power of the afiignor, after fuch alfignment made, to 
 releafe any of the debts or fnms of money, reall}' due 
 by the faid bonds or fpecialties, or by notes. See 
 Read's Dig. 16» 
 
 Of a Lease vjith the usual and necessary CoiienanU 
 
 This indenture made the — — day of in the 
 
 year, £s?c. between Abner Bain, of — ,-r— , of the one 
 part, and Caleb Doe, of— , of the other part. 
 
 Whereas in and by one indenture of leafe bearing' 
 
 date the — day of in the year, tV. and made 
 
 or mentioned to be made htWQ&n Ephr aim B^ane, of 
 
 , gentleman, of the one part, and the faid Ahver 
 
 Bain, of the other part, he the faid Ephraim Fane, for 
 the confideration therein mentioned, did demife, grant, 
 leafe, fet, and to farm let, \_as penned in the leasie^ im- 
 io the faid Abner Bain, all that meiTuage, ^c. fituate, 
 ^c. l^pttrsue the %vords of the lease for the description^ 
 
 i
 
 ASSIGNMENT. 109 
 
 Jc.'] To hold unto the faid Abner Bain^ his executors, 
 
 ydminillrators and adigns, from the day of ^ 
 
 then iall pad, for and during, and unto the full end and 
 term oi forty-four years from thence next enfuing', at 
 
 and under the yearly rent of dollars, payable in 
 
 manner as therein is mentioned, and fubjectto the co- 
 venants therein contained, as in and by the faid in part 
 recited indentureof leafe, relation being thereunto had. 
 Mill more ful'y appear : Now this indenture witnclleth, 
 t\\2Ltl\i^^-i\\d Abrur Bain for and in confideration of 
 
 the fum of dollars, to him in hand paid bv the 
 
 faid 6^7 /t'/> /}ci<^% at or before the fealing and delivery of 
 tliefr pre fents, the receipt wh.ereof he the faid jibner 
 Bain doth hereby acknowledge, and thereof and there- 
 from dv)th acfjuit, releafe and difcharge the fiiid Caleb 
 Doe, his executors, adminiib-ators and affigns forever, 
 by thefe prefents, hath granted, bargained, fold, allign- 
 ed, transferred and fet over, and by thefe i^refents doth 
 grant, bargain, fell, affign, transfer and fet over unto 
 the faid Caleb Doe, his executors, adminihrators and 
 uiTiirns, All that the A\id meiVuage or tenement and pre- 
 mifes above mentioned to be demifed and leafed to him 
 the f lid Abner Bain, in and by the faid recited inden- 
 ture of leafe as aforefaid, and every part and parcel 
 thereof; and alfo all the eihitc, right, title, intereft, 
 term of years yet to come and unex])ired, property, 
 benefit, advantage, claim and demand whatfoever of 
 him the faid Abner Bain^ of, in, and to the f:\me, or of, 
 ]n, or to any part or parcel thereof, together with the 
 faid recited indenture of leafe ; To have and to hold 
 the faid mefTuage or tenement and premifcs abovemen- 
 tioned, and hereby granted and afhgncd, or meant and 
 intended fo to be, and every part and parcel thereof 
 with the appurtenances, together ^^ ith the faid recited 
 indenture of leafe, unto the faid Caleb Doe, his execu. 
 tors, adn^iniftrators and aHlgns, for and during all the 
 reft, refiduc, and remainder, yet to come and unexpir-
 
 110 A S S I G N M E N T, 
 
 ed of and in the faidtcrm o[ forty -four 3^ears, in and by 
 the l\iid in part recited indeniure of leaie granted in as 
 full, large, ample and beneficial manner and form, to 
 all intents and purpofes, as he the faid Abner Bain, his 
 executors, adminifliators and afligns, might, ihould, 
 could, ort^^ight to have had, held and enjoyed the fame, 
 by virtue or means of the laid in part recited indenture 
 of leafe, or other wife ho\vfoever. And the fa:d Abner 
 J^ain i:yr himfeif, his hejrs, executors, and adm-niftra- 
 tors, doth covenant, promife and agree to and Vv'ith the 
 Hiicl Caleb Doe^ his executors, adminiilrators and af- 
 figx^^s, oy liitfe prcfents, in manner and foim following, 
 thai is to fay, that for and notwithllanding any act, 
 matter or thing, by him had, made, done, committed, 
 or wittingly or willingly fuife.edto the contrary, the 
 faid recited indenture of leafe, is at the time of the 
 fealingand c!eli\*ery of thefe prcfents a good and effec- 
 tual leafe, valid in the law, of and for the faid premifes 
 thereby demifed, and in no wife furrendered, forfeited, 
 or become void or voidable in the law : And that he 
 the (aid Abner Bain, for and notwithlianding any fuch 
 a-8:, matter or thing as aforefaid, now hath in himfeif 
 good right, full power, and lawful and abfolute autho- 
 rity to l>argain, fell, aflign and fet over the faid recited 
 indenture of leafe, and the faid melTuage, tenement, 
 and premifes, with the appuitenar^ces, unto the laid 
 Caleb Doe, his heirs, executors, admin iftrators and af- 
 figns, in manner and form aforefaid : And alfo that he 
 tlie faid Caleb Doc, his executors, adminiftrators and 
 affigns, fliail and lawfully may, from time to time, and 
 at all times hereafter, for and during all the reft, refi- 
 dueand remainder yet to come and unexpired of the 
 faid term o^. forty -four years in and by the faid recited 
 indenture of leafe granted, peaceably and quietly have, 
 hold, occupy, poffefs and enjoy the faid mefTuage or 
 tenements,'and all ind fingular other the premifes here • 
 ia before mentioned or intended to be hej:eby affxgoeds
 
 ASSIGNMENT. lH 
 
 \vith their and every of their appurtenances, without 
 the lawful let, trouble, damage, moleilalion, e\ic\ion, 
 difturbance, hindrance or interruption of or by him the 
 faid Abncr Bain^ \us^ txcoutors, adminillratars, o^ af- 
 iigns, or of or by any other perfon or perfons lawfully 
 claiming or to claim from, by or under him, them or 
 any of them, or b} his, their, or any of their a6\, means, 
 confenc, neglett, default, privity or procurement ; and 
 that free and clear, freely and clearly acquitted, exon. 
 eratedanxl difeharged, or by him the Hiid Abner Bain, 
 his executors, adniiniilrators or alTiyns, well and fufti- 
 ciently faved,^ defended, kept harmlefs and indemnified 
 of, from and againft all and all manner of former and 
 other gifts, grants, bargains, fales, Icafes, afLgnmcnts, 
 furrenders, forfeitures, rents, arrearages of rents, and 
 of and from all other eftates, titles, troubles, charges 
 and incumbrances had, made, committed, done, or 
 ■wittingly or willingly fufFercd, or to be had, made,com- 
 miued, done, or wittingly or willingly fuffered by hira. 
 the faid Abncr Bain^ or by, through, w ith or under his 
 a6\, means, confent, privity, neglect, default or pro- 
 curement : And further, that the faid Abner Bain, his 
 executors, adminiRrators and afligns, and all and every 
 other perfon or perfons lawfully having or claiming, or 
 to claim any eilate, right, title or intercil, of, in, to, or 
 out of the faid hereby afiigned premifes or any part 
 thereof, by, from or under him, lliall and will from 
 time to time, and at all times hereafter, at the rcaibn- 
 able requeit and at the proper colls and charges in the 
 law of the faid Caleb Doe^ his executors, adminiftrators 
 or afligns, make, do, and execute all and cver\ fuch 
 fuither and odicr lawful and reui'onabic a6l and acls, 
 thiig and things, al'Airance and aifurances in the law 
 V hatfoever, for the further, better and mo' e abfolute 
 aflij^iiing, confirming and aifuring of ihe faid mtffu age 
 *"^^ ortenements and prcmifeshereby aHigned w iththeir ap- 
 ^purtenances, unto the faid Cahb JOoe^ his executors.
 
 il2 ASSIGNMENT. 
 
 adminiftrators and afiigns, for an-:! during all the refiduc 
 and remainder ot" the laid term oS. forty -four yeais, 
 which ihall be then to come and unexpiicd, as by the 
 faid Caleb Dgc\ his executors, adminillrators or aiiigns, 
 or his or their counfel learned in the law, Ihall be rea- 
 fonably advifed, devifed or required ; lb as fuch further 
 alTurances and conveyances continue or extt nd to no 
 further or other warranty or covenant, than againil the 
 a6ls of the perfon or perfons making the fame ; and fo 
 as fuch perfon or perfons, who fhall be required to 
 make the fame, be not compelled or compellable to go 
 or travel from their refpe6live places of abode for the 
 doing thereof. And the faid Caleb Doe^ for himfelf, 
 his heirs, executors, adminillrators and afiigns, doth 
 covenant, promife and agree to and with the faid Abner 
 Bain^ his heirs, executors and adminillrators, by theie 
 prefents in manner and form following, that is to fay, 
 that he the faid Caleb Doc, his heirs, executors,- ad- 
 minillrators or afiigns, or fome of them, fliall and 
 will, from time to time and at ail times hereafter, well 
 and truly pay the rent, and perform the covenants and 
 agreements in the faid recited indenture of leafe referv- 
 ed and contained, which on the tenant's or leffee's part 
 
 from the day of are and ought to be paid 
 
 and performed, according to the true intent and mean- 
 ing of the faid indenture of leafe ; andthereof, and there- 
 from, and of, from and againfl all a6lions, fuits, colls, 
 charges, expefifes, troubles, damages and demands 
 ■whatfoever, which fhall or may arife, happen, be com- 
 rnenced or profecuted againil the faid Abner Ba'in^ his 
 heirs, executors, adminiftrators or affigns, or which he, 
 they, or any of them, lliall or may fuflain, fuffer, or be 
 put unto, for or by rcafon or means of the non-pay- 
 ment of the rent, or the breach or nonperformance of 
 the faid covenants or agreements, or any of them, fball 
 and will-at all times hereafter, well and iiifficiently fave, 
 defend, keep Imnnlefs and indemnified the laid Abner
 
 ASSIGN ME NT. il3 
 
 Bain, his heirs, executors, and adminiftrators, forevei;, 
 by thtfc pi efents. In witnefs whereof, Is'c. 
 
 %cr An authority or trull cannot be affigned Over» 
 iinlefs it be granted to one and his aflii^-ns, and then it 
 miifl: be in writing. Matters of eafc and pleafurc 
 £;ranted to a perfon, cannot be affigned, as to go to 
 church over my ground, to live at my table, &:c. but 
 generailyfpeakingmattcrs of profit may be granted overj,. 
 
 Of a Bojid and Mortgage after judgment did execu^ 
 t'lon^ and part of the debt paid. 
 
 This inricnturc made the day of — ^, betweea 
 
 Oeorge /vV.v, and Caleb Cone, executors Sj:c. oS. Henry 
 P.ex^ deceafed, of the one part, and Martin Gates of 
 , of the other part. 
 
 Whereas Andreix) Eaton, of -^ , in and by a certain 
 
 cbligatio'i or >vritip.g obligatoiy, under his hand and 
 feal, fUily executed, bearing date, &c. became bound 
 unto thr faid Ilrury Rex, in his life time, in the fum of 
 . conditioned for the payment of , on or be- 
 fore Sec. as in and by the faid recited obligation and 
 condition thereof fully appears. And whereas the faid 
 Andrew Eaton, by wa}' of collateral fecurity for the 
 aforefaid debt and intereft, in and by a certain indenture 
 of mortgage, bearing date Sec. for the confiderations 
 therein mentioned, did grant, bargain and fell, unto the 
 faid George J^ex, and Caleb Cone^ as executors afore- 
 faid, and to their heirs and afiigns, a certain tra61: of 
 
 land called -, htuatc &.C. containing acres, 
 
 ,being bounded, &cc. Alfo a certain other trafV, 8*c. 
 together with their and every of tlieir appurtenances to 
 hold to them the faid George Rex, and Caleb Cone, 
 their heirs and affigns forever, w'ith this provifo, That 
 tjje fame indenture and the eftate aud ettates thereby 
 [15 ]
 
 (^ 
 
 114 A S S I G N M E N T 
 
 granted, and the faid recited obligation flioiild becotfte 
 void on pa} meat of the mortgage monies and intereft 
 aforefaid, as in and by the laid recited indenture oi 
 mortgage duly recorded in Dauphin county more at 
 large appears. And v\ hereas judgment for the faid 
 debt, interell and coits hath been obtained in the court 
 of common pleas for the liiid county oi Dauphin, a- 
 gainll him the faid Andreiv EatoUy at the fuit of the 
 faid George Rex^ and Caleb Cone, executors as afore- 
 Itiid, upon which judgment execution hath been iflued 
 and fued forth, and the faid execution is now in the 
 hands of the ilieriff of the county oi Dauphin aforefaid. 
 And whereas the fakl Andre\'j Eaton hath only paid tha 
 fum of — 1^, on account of the principal debt and in- 
 terell aforeliud, fo that there yet remains due the prin- 
 cipal fum of——, belides ■ interell accrued there =- 
 
 on, to the day of the date hereof. Now this indenture 
 Xvitneffeth, that the faid George Rex and Caleb Cone, as 
 executors aforefaid, for and in confideration of the faid 
 
 fum of , bahmce of the principal debt aforefaid, 
 
 ■sand interell unto them w ell and truly paid by the 
 
 i'aid Martin Gates, at or before the fcaling and delive- 
 ry hereof, the receipt whereof they do hereby acknow- 
 ledge, have granted, bargained,, fold, affigned and fet 
 over, and by tbefe prefents do grant, bargain, fell, allign 
 and fet over unto the faid Martin Gates, his heirs, ex- 
 ecutors, adminiflrators and affigns, the aforefaid recit- 
 led obligation and the warrant of attorney thereunto an- 
 3iexed, and the faid recited indenture of mortgage, and 
 till and every the fum and fums of money which on the 
 .day of the date hereof are due and parable thereupon, 
 and which Ihall or may hereafter accrue and grow due 
 and payable thereupon, aixl alfo the aforefaid two feve- 
 ral defcribed tra^s of land and prcmifes with the ap- 
 purtenances, mortgaged as aforefaid ; and alfo the a- 
 forefaid judgment and execution, and all the monies 
 l!;9W 4ue or jjereafter to become due and payable there* 
 
 I
 
 ASSIGNMENT. 115 
 
 upon, and the benefit and advantage thereof, and all 
 the eftate, right, title, interelland demand of, in and to 
 the laid recked obligation, indenture, landb and monies 
 hereby alhgned ; and alfo of, in and tp the faid judg- 
 ment and execution which they the laid George Rey: 
 and CaUb Coiic^ as executors aforefaid, now have or 
 ought to have or ehiim. 'I'o have, hold, receive, take 
 and enjoy the faid obligation, indenture of m.ortgage, 
 and the faid lands thereby granted, and the faid judg- 
 ment and execution, andall the monies hereby aflignedT 
 unto the faid Martin Gatcs^ to the only ufe and behooC 
 of the faid Mdrtin Gates^ liis heirs, executors, admi- 
 niflrators and afligns for ever, and at his and their fole 
 xifque — Subje(5l to the right of redemption of the faidl 
 Andrew Eaton, his heirs and afligns, by payment of the 
 principal monies and interefl now due or to become 
 -due thereupon. And itishercby agreed, that they the faid 
 George Rex and Caleb Cone, as executors aforefaid, 
 or otherwifc, or the eilate of the faid Henry Rex de- 
 ceafed, fliail not in any wife ho\\foever be refponfiblc 
 or accountable for any lofs, deficiency or damage which 
 XhQ{i\\(\ Alar tin Gates, his heirs, executors, admini- 
 flrators or afiigns fliail or may fullain or fuffer, by rea- 
 fon of this aflignmen", or in cafe the faid Andreiv Ea^ 
 ton fliould prove ir.folvent, or his title to the faid ^rt- 
 gaged lands and premifes prove defeBi\ e. In witnefs 
 whereof the faid parties to thefc prefents have inter- 
 changeably let their hands and feals hereunto. Dated 
 -the day and year firll before written. 
 
 Of an Apljr entice. 
 
 To'all to whom thefe prefents fliail come,! Abel Man, of 
 , fend greeting. VVhereas my apprentice Andreiv 
 
 Pool, hath divers years yet to come and unexpired of 
 •bis apprcnticelhip, to wit, whole years froiia V^e
 
 l6 A S S I G N M E N T. 
 
 day of now lail paft, as by his indenture of 
 
 apprenticelhip to me feaitd doth appear ; Now know 
 yc, that 1 the laid .'-.fti Man, ioi divers good cauftb and 
 coniiderations me hereunio movnig, hiive given, grant- 
 ed, aiiigned, ana fet over, and by ihefe prei'ents uo luU 
 ly and abfolutely give, grant, aflign and fet over, unto 
 
 J4bner Stout, oi ■ , ail fuch right, titie, dut) , term 
 
 ot } ears io come,fervice and demand uhatfoever,^^'hich. 
 1 the iliid Abti Man have in or lo the faid Andrew 
 jPbol, or which i may or ought to have in him by force 
 and vu'iLie oI'dTie faid indenture of apprenticefliip. And 
 moreover 1 die f^id Abel Man, do by thtfe prefents 
 covenant, promife, anci agree to and with the faid Ab- 
 ncr Stout, his executors and adminiilrators, that not- 
 withflanding any thing by me the faid Abel Man, to be 
 done to the contrary. the faid^^/zr/rt'-iu Poo/ ihall, during 
 the faid term of--* — • years, well and truly ferve the 
 faid Abner Stout as his mafter, ar.d his commandments 
 lawful and honell flnali do, and from his fei viee Ihall 
 not abient himfelf during the faid teini. Provided that 
 the faid Ahier Stout, ftiali well intreat and v.ie him the 
 laid Andreiv Pool, and him tht faid Audrcnv Pool in the 
 craft, mvftery and occupation o^ i\ blacksmith, Axhich 
 he the Hiid Abner Stout now ufeth, after the bell man^ 
 lierlftiat he can or may, fliall teach, inftiufl, and in- 
 form, or caufe to be taught, infirutted and informed, 
 as much as thereunto beiongeth, or in any \vife apper- 
 taineth, and Ihall alio aurirg die fame term find and al- 
 low unto the faid Afia'rew Pool, fufficient meat, drink, 
 apparel, waihing, lodging, and all other things needful 
 or meet for an apprentice. In vvitnefs, &c<, 
 
 y4not/jer. 
 
 Know all men by tli^fe prefents, That I, the withirt 
 named Michael Myer, for divers good caufes and con- 
 fiderationsj have affiled and let over, and by tliefiJ
 
 ASSIGNMENT. 117 
 
 prefents (as far as I lawfully may or can) Do aflign and 
 let over tlic within inckiilLuc, and the* apprentice there- 
 in ncimett, unto V/iUiam IVin^b'ip^ his executors, ad- 
 mniiltrators and alligiis, for the reliduc of the term 
 withni mentioned, he and they performing all and hn- 
 gular the covenants therein contained on my part to 
 be kept and ];ci formed, and indemnifying me from th& 
 I'umc, lu witnels, &c. 
 
 Of a Sernant, 
 
 In conllderation of the fiim of -, I do hereby af- 
 
 fign and fct over the witl/in iirrvant, to fcrve Caleb Doe, 
 his executors, adminiitrators and afligns, for the refi- 
 due of the term within mentioned. \\'itnefs my hand 
 and feal, Ei;V. 
 
 N. B. This muftbe done before a jufticc of peaqe. 
 See Rcad''s Dig, 347. 
 
 In trust for Creditors, 
 
 This indenture, of three parts;, ^c. between Joseph 
 
 Gcor^c\ of , qf the full part ; John llec^ of , 
 
 Fetcr CtoTj^ of , and Uu-vid licll^ of , of the 
 
 fecond part ; and all other the ci editors of the faid Jo- 
 seph George^ who fliall have figned and fettled thefe 
 prefents, of the third part : \\hereasthe faid Joseph 
 George, on the day of the date hereof is juftly and truly- 
 indebted unto his laid creditors refpertively, in tlie fe- 
 veral fumsin tlie fchcdule liereunto annexed, mention- 
 ed, w hich by reafon of divers lolfes and misfortunes 
 he is unable to make full payment and iatisfaclion for : 
 And \^hereasthe faid Joseph George hath confented 
 and agreed to transfer and aiTii^n all and lingular the 
 mercery goods, debts, fum and fums of money 36 arc
 
 lis A S S I G N j\I E N T. 
 
 pow due, owing, or belonging to him, in trull only, for 
 all fuch of his faid creditors, who (hiiW fign and feal 
 thefe prefents towards payment and fatisfaclion of their 
 feveral refpe6live debts, without any undue preference: 
 Na\v this indenture witneifeth, that the laid Joseph 
 George, for and towards payment and fatisfadtion of 
 the feveral and refpeetive debts of all fuch of his faid 
 creditors, and in confideration of the fum of five fliil- 
 lings of lawful money of the United States, to the faid 
 Joseph George, in hand by the Utid Joh7i Bee, Peter 
 Crow, and Da'uid Bell, at or before thefealingand des 
 livery of thefe prefents^ well and truly paid ; the re« 
 ceipt whereof is hereby acknowledged, hath granted, 
 bargained, fold, afiigned, transferred and fct over^ and 
 by ihefe prefents doth grant, bargain, fell, affign, trans- 
 fer and fet over unto the faid John Bee, Peter CroiVy 
 tm6. Daiiid Bell, all and ftngular the mercery goods, 
 debts, fum and fums of money due, owing, or belong- 
 ing to the faid Joseph George, and all fecurities had, 
 taken, or obtained for the Jame, and alfo all the right, 
 title, intereft, claim and demand whatfoever of him the 
 faid Joseph George, of, in, or to the fame, or any part 
 thereof. To have and to hold, receive, and take, all 
 and fmgular the faid mercery goods, debts, fum and 
 fums of money hereby afiigned, or mentioned, or in- 
 tended fo to be, with their and every of their appurte- 
 nances, unto the [-did John Bee, Peter Crow, and David 
 Bell, their executors, adminiftrators and affigns, from 
 henceforth for ever ; Upon truft neverthelefs, and to 
 the intent and purpofe that they the faid John Bee^ Pe- 
 ter Crow, and David Bell, their executors and ad- 
 miniftrators, do, and (hall, with all convenient fpeed, 
 make fale and difpofition of the faid mercery goods, 
 .for the moft and belt price tltey can get for the fame, 
 and ufe their befl endeavors Ijy all lawful ways and 
 means to obtain, recover, and receive into their hands 
 and pofreirion,^all and fmgular the liiid debts, fum aud
 
 ASSIGNMENT. IIS 
 
 f^mis of money due and owini^ to the faid Joseph 
 Cic'or^c'^ and that alter u deduction of" all ilich njai'ona-" 
 ble colls, charges, and expenies as they the laid John 
 Bee, Peter Croiv, and David Jie/l, their executors and 
 adniinillrators, ihall really pay and expend, relating to 
 the ckecution of the trull, and of a year and an half's 
 rent to Simon Old, esq. for the dwelling-houTe of the 
 
 faid yoi-t'/*/^ 6Vo7-^f , fituate in , to become due a!: 
 
 Cbrisfvias riext, then upon truil, that all the remainder 
 of all fuch mercery ^oods, debts, ilun andfums ofmo- 
 pey lb belonging to, and due and owinj^ to the faid 
 Joseph George^ and which fliall be had, recovered, and 
 received by them the faid John Uce, Peter Croiv, and 
 DciDid Bell, their executors or adminiilrators, by vir- 
 tue of thefe prefents, Ihall be diltributed and divided 
 imto and amongft the laid John Bce^ Peter Cro'ijj^ and 
 JJa-i'id Bell, their executors, and adminiilrators, and 
 all the other creditors of the faid Joseph George^ who 
 fhall have ligncd and fealed thefe prefents cqiial.'y and 
 proportionabiy, according to iheir rcf}jec1;ive debis, in 
 the fchediile annexed, mentioned, and to and for no 
 other ufe, intent, or puipofe whatfoever. And for l4ie 
 better and more ealy getting in and receiving of all and 
 every tlie debt and debts, fum and funis of money now 
 due, owing, or belouLring unto the faid Joseph GVy/'gc ; 
 the foid Joseph George hath made, ordained, conili. 
 tuted, and appointed, and by thefe prefents doth make, 
 ©rdain, conftitute, and appoint the faid Jai>n Bte, Pe- 
 ter Cro\v, and Ddvul Bell, their executors and admi- 
 niilrators, his true and lawful attornies ij'revocable, in 
 the name of him the fuid Joseph George, or in their 
 ©vvn name or names, or otherwilc, but to and for the 
 Oinly proper ufe and benefit of them the faid John Bee^ 
 Peter Crow, and Dai: id B^ll, and all fuch of the faid 
 creditors of the faid Joseph Geor^e^ who Ihall lign and 
 leal thefe prefents, to alk, demand, fue for, recover and 
 rjsctive, of aujl frojjTi all and every peifon and perfoiis
 
 120 A S S I G N M E N T. 
 
 any ways indebted to the faid Joseph Gcor£r^t% all and 
 every lum and iunis of money by them rcfpectivcly 
 due and owing unto the faid Joseph Gcor^c^ in trull ne- 
 vertheiefs, to and for the ufcs aforefaid, and upon the 
 receipt thereof, or of any part thereof, acquittances or 
 other difcharges in the name of him the faid Joseph 
 George, his executors or adminiftrators, or in the faid 
 truitees own name or names, to make, and give, and 
 for default of payment thereof, or of any part thereof 
 the faid feveral perfons every or any of them, to fue, 
 profecute, imprifon, and implead, and to compound 
 and agree for all or any of the faid debts, as they or the 
 furvivor of them fliall fee occahon ; and upon fuch 
 compofition or other agreement the faid perfons, or any 
 or either of them out of pnfon to deliver, and alfo for 
 the purpofes aforefaid one or more attorney or attor- 
 iiies, under them, and the furvivor of them, to conili. 
 tute and appoint, and to do and perform all and every / 
 fuch further and other lawful and reafonable adl and 
 a6ts, thing and things, as fliuU be neceffary, fer the bet- 
 ter and morefpeedy recovering and getting in the faid 
 debt and debts, fum and fums of money, and every of 
 them : And the iliid Joseph George for himfelf, his ex- 
 ecutors and adminiftrators, doth covenant, -promife, 
 and agree to and with the faid Joh?i Bee, Peter Croiv^ 
 and JJaDid Ikll^ their executors and adminiftrators, 
 by thefe prefents in manner and form following, that 
 35 to fay, that he the faid Joseph George, or any other 
 perfon or perfons, by his order or for his ufe ihall not 
 nor will at any time hereafter make, do, commit, or 
 fuffer any a(5l, matter, or thing whatfoever, to releafe 
 or difchargeany the debt or debts, fnm or fums of mo- 
 ney due, and owing unto him the faid Joseph George^ 
 as "aforefaid, or any part thereof, nor (hall nor will re- 
 voke the power and authority hereby given, nor ob- 
 ftru6lnor hinder the faid Joh?t Bee, Peter Crow, and 
 David. Bell, or any or either of them, in. the recover =
 
 ASSIGNMENT, 121 
 
 ing, receiving;;, and getting in the fame, but ilmll and 
 Will permit and iufili the hud John Bcc, I'ctcr L/oWp 
 and David Bcll^ their executors and adminiilrators, 
 and every of them, peaceably and quietly to recover 
 and receive all and lingular the faid debis, fum and 
 funis of money, to and lor fuch ufe and benefit as afore- 
 faid, hereby ratifying and allowing all and whAtfoever 
 the faid John Bcc\ Peter Cro'ii\ and David Bcll^ their 
 eivccutors or admmillrators, ihali huvfully do, or caufe 
 to be done, in and about the premifes, by virtue of diefe 
 prefcnts : And further, that he the i'd,\i\ Joseph George^ 
 at the requcll, colts, and charges of the laid creditors^ 
 fhall and will from time to time and at all times hereaf-' 
 ,t.er, make, do, and execute, all and every fuch hirther 
 and other acts, matters, and things, for the further and 
 better alligning and alluring all and hngular the pre- 
 mifes Ik reinbefore menlioned or intended to be here- 
 by alligned, to and for the ufes, intents, and purpofes 
 hereinbefore exprelled as by their or ;my of their coun- 
 fel learned in the law, lliall be reafonabiy adviled or 
 required : And that he the faid Joseph George, his ex- 
 ecutors and adra'vnlliators, lliall and uill from time to 
 time, and at all timrs hereafter, as often as there Ihallj, 
 be occafion, upon every reafonable requell or notice to 
 him or them given by tliefaid Jo/yn Bcs^ Peter Crow, 
 and David Bell, or fome ordne of therm. '^^'^. tlier^ in 
 making up his accounts, and in the le 
 putes that Ihall at any time hereafter a ac or ii.;:. •rji 
 touching or concerning any of the debts or films of 
 money whatfoevcr, due and oAving to the faid Joseph 
 George, and alfo in the proving and gerting in of tne 
 laid debts, accordingto the bell of his po\\er .jkI abili y : 
 And the faid John Bee, Peter Crow, and David Bell,- 
 for thcmfelves feverally, and not jointly, and for their 
 feveral and refpcclive executors and adminiftrators do 
 and each and every of them doth covenant, promife, 
 and agree, to and with the other creditors of the faid 
 
 [ 16 J
 
 122 A S S- 1 G N jM E N T. 
 
 Joseph George by thefe prefents, fliat they the iaict 
 tfobiiBee^ Peter Croiv^ ^\\d David Bell^ their execu- 
 tors and adminiftrators, fliall and will from time to time 
 and at all times hereafter, as often as they fliall be there - 
 imto required by the faid creditors, or any three or 
 more of them whofe debts fhall amount in the whole to 
 
 , or upwards, make, render, and give unto him, 
 
 iier, or them demanding the fame, a juft account of ail 
 fuch fum and fums of money as fliall be by them or 
 either of them received or got in, for, or upon the ac- 
 count of the mercery goods, .debts, ium and fums of 
 jiioney fo belonging, due, and ow-ing to the faid Joseph 
 George^ together with the time when, and alfo the names 
 of the perfons of whom any money (liall be received^ 
 gild where they live, and alfo fliall and will upon re^ 
 queft and notice to them, or the furvivors or furvivor 
 of them, given by all the other creditors of the faid Jo- 
 seph George (or any three or more of them, whofe 
 
 debts in the w hole fliall amount to , or upwards) 
 
 well and truly pay, diftribute, and divide the fame unto 
 and amon git them the faid Jo/j71 Mee^ Feter Croiv , and Da- 
 I'id Bell, and all and every of the other creditors of the laic! 
 "Joseph George, who fliall have ligned and fealed thefe 
 prefents as aforefaid, and fo from time to time, and at 
 all times hereafter, pay, diflribute, and divide, all fuch 
 monies as fliall be received and gotten in by them the 
 faid John Bee, Peter Cromi^.2C!\ADaiiid Bc'll, their ex- 
 ecutors or adminiftrators, as often as the other creditors 
 of the faid Joseph George fliall defire and demand the 
 fame, to and amongft themfelves, and all and every of 
 the other creditors of the faid Joseph George as afore- 
 faid, fhare and fliare alike, according to the propor- 
 tions of their feveral and refpeclive debts : And alfo, 
 that they the faid John Bee, Peter Crow, and Davki 
 ^dl, their executors and adminiftrators, fliall and will 
 deal juftly and faithfully according to their power and 
 ability, ikill and knowledge in the execution of the
 
 ASSIGNMENT. 123 
 
 tnifts hereby repofed in them : And all the fuid credi- 
 tors, parties to thefe prelents, for the coniideraiion a- 
 forefaid, and for other good caufes and confide rations 
 them thereunto moving, do, fortherafelves feverally and 
 refpc6lively, and not jointly, and for their feveral and 
 jefpedlivc executors and adminiftrators, partners and 
 afligns, and not the one for the others a6l,or for'the ex- 
 ecutors or adminiftrators of the others of them, cove- 
 5iant, promife, and agree, to ^nd with the faid Joseph 
 ■Gecrs^e, his executors and adminiflrators, and every of 
 thembythefeprefents, thacneither they thefaid creditors, 
 parties to thefe prefents, nor their executors or admi- 
 3iiftrators, partners or alligns, or any of them, fliall or 
 will in any manner or wife fue, arrell, implead or pro- 
 fecute him the faid Joseph George^ his executors or 
 adminiftrators, or any of them, or his, their, or any of 
 their goods, chattels, lands, or tenements, for or upon 
 account of any debt or fums of m.oney now due or ow-^ 
 ing unto them or any of them, and in cafe any of the 
 laid creditors, parties to thefe prefents, their executors 
 or adminiftrators, partners or afligns, fliall fue, arreft, 
 imprifon, implead or profccutc the faid Joseph Geoi'^e, 
 his executors or adminiftrators, or any of them, for 
 any fuch debts due and owing from the faid Joseph 
 Gcor^e^ as aforefaid, that then thefe prefents fliall be ;i 
 fufficient releafe and difcharge, to all intents and pur- 
 j)ofes at law or in equity, to and for the faid Joseph 
 iu'orge, his executors and adminiftrators, and he and 
 they fliall be and are hereby acquitted, releafed, and 
 <lifeharged, againft them the Aiid creditors, and every 
 of them, their and every of their executors and admi- 
 niftrators, partners and aihgns, who fliall fue, arreft, 
 imprifon, implead, orprofecute the Hiid Joseph Geors;e, 
 his executors or adminiftrators, contrary to the true in- 
 tent and meaning of thefe prefents, and as fuch fliall 
 and may l^e pleaded by him the fiiid Joseph George, his 
 executors and adminiftrators ; Au4 it is i^reby agreed
 
 124 ASSIGNMENT. 
 
 by and between all the faid parties to thefe prefents, 
 that they the laid John Bee, Peter Crow, and David 
 ^ell, their executors and adminillrators, and every of 
 them ihall and may be allowed and paid luch coils, 
 charges, and expenfes, as they, any or either of them 
 fliall fuilain or be put unto, for or by reafon of the ex- 
 ecution and management of the truit hereby in them 
 repofed, or any wife touching or concerning the fame : 
 And then it iliall and may be lawful to and for the faid 
 ■John Bee, Peter Croii\ and David Bell, their execu- 
 tors and adminiftrators, to acl in execution of the truft, 
 in fuch manner as they fliall think fit ; Provided al- 
 \vays, and it is hereby agreed, by and between all^ the 
 faid parties to thefe prefents, that none of the creditors 
 of the (liid Joseph George, whofe debts or part thereof 
 are mentioned in the fchedule hereunto annexed, to be 
 due on notes of the faid Joseph George's hand, or the 
 executors, adminiflrators, or affigns, of them or any 
 of them, fliall for or in refpecl of their debts refpe6live- 
 ly mentioned in the faid fchedule, to be due on notes 
 asaforefaid, receive any fliare or proportion of the 
 goods, debts and effects hereby alTigned, until they fliall 
 have firft feverally delivered up the faid notes to the faid 
 John Bee, Peter Crovo, David Bell, and Joseph 
 George, or to fbme or one of them to be cancelled, 
 any thing herein before contained to the contrary there- 
 of notwithftanding : And the feveral creditors of the 
 faid Joseph George, whofe debts or part thereof are 
 mentioned in the fchedule hereunto annexed to be due 
 on notes as aforeliiid, and who fliall have figned and 
 fealed thefe prefents, for themfelves feverally and re- 
 fpeftively, and not jointly, and for their feveral and 
 refpective heirs, executors, and adminiftrators, do, and 
 each and every of them doth covenant, promife, and a- 
 gree to and with the faid Joseph George, his execu- 
 tors and adminiftrators, by thefe prefents, that they the 
 faid creditors refpectively, their refpeclive heirs, exs-
 
 ASSIGNMENT. 125 
 
 cutors, and aclminiftrators, fliall and will from time to 
 time, and at all tmios hereafter, lb far as concerns their 
 rcfpedivc debts due to them from the faid Joseph 
 Ctur^^f, on notes of hand as aforeiaid, until the faid 
 notes Ihall be fcvcrally delivered np to be caneelled as 
 albrcfaid, lave, defend, keep harmlefs, and indemnified 
 him the faid Joseph Gcor^Cy h|s executors, and admini- 
 llrators, and his and their goods and chattels, lands, 
 and tenements, of, from, and againilthe faid notes, and 
 all colls, charges, damages, and expenfcsthat fliail hap- 
 pen or come to him or tlv:m, for or by reafon of the 
 non-payment thereof refptclively : Provided a.fo, and 
 it is hereby agreed by and between the faid parties to 
 thele prefents, that in cafe fo many of the creditors of 
 the faid Jo.^cph George^ mentioned in tlie fchedule 
 hereunto annexed, whofe debts in the whole, amount 
 
 unto the fum of pounds, lliall not have duly 
 
 figncd and fcaled thefe prefents, on or before the 
 
 day of next enfuing, then thefe prefents and eve- 
 ry covenant, claufe and thing, herein contained, fliall 
 ceafe, determine, and be utterly void, and of none ef- 
 fect, and that then and in fuch cafe what monies fliaiU 
 be received (if any) bv all or any of the faid creditors, 
 lliall go and be repaid unto the faid Joseph Geori^ey 
 any thing hereinbefore contained to the contrary there- 
 of not\vithRan<ling : Provided aifo, and it is agreed by 
 •and between tiie faid parties to thefe prefents, that in 
 cafe the faid /(9/67Z Bee, Pete?- Cro-iu, and Dai}id Bell^ 
 any or either of them, their, any or cither of their ex- 
 ecutors or adminiftrators, lliall receive out of the faid 
 afVigned premifcs, more than fulficient to pay and dif- 
 charge all and fmgular the feveral debts mentioned in 
 the fchedule hereunto annexed (over and bcfides de- 
 fraving the chars:es of the execution of the trufls here- 
 in repofed in them) that then the laid John Bee, Peter 
 Crow, and Dai'id Bel/, their executors or adminillra- 
 tQrs lliall and will at the rcqucll of the faid JoscpJj
 
 2.26 A S S I G N M E N T . 
 
 Ceor^c, his cxeraitors or adminiilrators, pay to him oi' 
 them, all fuch overplus money, this indenture or any 
 thing therein contained to the contrary thereof in any 
 wife notvvithftanding. And laftly, it is hereby mutu- 
 ally declared and agreed by and between all the faid par- 
 ties, that they the faid/oi?;? J3ee^ Peter Crow^ and David 
 Bcll^ as often as they or any of them fliall, by receipt 
 of any of the faid debts of the faid Joseph Geor^Cy or 
 any of them, or by fale of his goods and effe61s have re^ 
 
 ceived the fum of — , fliali immediately pay the 
 
 fame into the bank of- , there to remain until a di- 
 vidend fliall be made thereof, according to the true 
 5ntent and meaning of thefe prcfents, and that the faid 
 truilees fliali retain in their hands, the proportion of 
 the debts rfnd effe6^s hereby affigned, as fliall belong to 
 fuch of the faid creditors, parties hereto, in refpe6l of 
 •fo much of their debts as Ihall be owing to them by 
 promiffory notes, under the hand of the faid Joseph 
 €eorge, until the faid notes fliall be delivered up unto 
 the faid Joseph George or his order, to be cancelled ; 
 any thing herein before contained to the contrary 
 tliereof ill any wife not\^ithftanding. In witnefs, &c% 
 
 Ofaii Annuity for the life of the Assignee, 
 
 This indenture made &c. between Enoch Man^ of 
 -, of the one part, and Lmis Adams^ of , of the 
 
 other part, witneffeth. That whereas Martin Alays, 
 
 late of , deceafed, did by his laft will and tella • 
 
 ■ment in Vv'riting, devife unto the faid Enoch Man^ one 
 
 annuity or yearly fum of dollars, to be iffuing and 
 
 payable, yearly, and every year, out of all and every 
 the melTuages, lands, tenements, and hereditaments of 
 him the faid Martin Mays^ whatfoever, and wherefoev- 
 er the fame lie, and to be paid yearly and every year 
 from and after his deeeafe, unto Enoch Man^ for and 
 ^•uriDg the life of the faid Enoch Maih with a power of
 
 ASSIGNMENT. 127 
 
 v-iiirtrefs, to and for the jliid Enoch Man^ upon non pay • 
 meat thereof, or for any part or parcel thereof, as in 
 and by the fame lail will and tellament may more ful- 
 ly appear, which laid annuity hath ever hnee the death 
 of the laid Martin Mays^ been latisfied and paid to the 
 faid Enoch Man^ according to the tenor, purport and 
 true intent'and meaning of the laid wilK And >vhere- 
 as the Hiid Innis Adams, hath contracted and agreed 
 with the faid Enoch Man, for the purchafc of the faid 
 r.nnuity or rent charge, at or for the price or fum of 
 
 . Now therefore, this indenture witnelTeth, that 
 
 the faid Enoch Man^ for and in confideration of the 
 
 fiini of dollars unto him in hand paid, by the faid 
 
 /«72L^ -^^/^wj, before the fealing and delivery hereof, 
 the receipt whereof the faid Enoch Man, doth hereby 
 acknowledge and thereof and therefrom doth acquit and 
 
 difcharge the faid , his executors, adminiitrators, 
 
 and afiigns, and every of them by thefe prefcnts, and- 
 for divers other good caufcs and confiderations him 
 thereunto moving, he the laid E?wcb Man, hath grant- 
 ed, bargained, fold, affigned and fet over, and by thefe 
 prefcnts doth grant, bargain, fell, aflign and fet over, 
 unto the faid Tnnh Jda?ns, his executors, adminillra- 
 tors and alligns, all and every part of the aforeiaid an- 
 nuity, yearly rent, or fum of dollars, and all the 
 
 dilate, right, title, intcreft, benefit and power of diftrefs 
 and diilrelH-s, ufe, pbireffion, claim and demand what- 
 foever, which he the faid Enoch Man, now hath or 
 may, or in any wife ought to have, of, in, or unto, or 
 for the faid annuity, or yearly fum, or annaal rent of — 
 — dollars before mentioned. To have, hold, receive, 
 enjoy and take the laid annuity, or yearly fum or rent of 
 
 dollars, and all the efiate, right, title, intereft, 
 
 property, beneiit and power of diftrefs, and dlftreifcs. 
 ufe, pofTeflTion, claim and demand whatfoever of him 
 the laid E?wch Man, of, in, and unto every part 
 and parcel thereof as aforefaid, unto the faid Innis Ad- 
 amsj immediately from henceforth, for and during th^r
 
 128 A S S I G N M E N T. 
 
 term of the life of the faid Enoch Man^ in as large, am- 
 ple and beneficial manner, to ail interns and purpofes,as 
 he the faid. ./!,V;0^/j Man^ niiglit, coiiid, ihould, or ought 
 to have or enjoy the lame, it thefe prcients had not been 
 made. And the faid Enoch Man, doth for hinifeif, his 
 executors, adminillrators and ailigns, covenant, pro- 
 mife and agree, to and with the faid Innis Adatns, his 
 executors, adminillrators and affigns, by thefe prefents, 
 that he the laid Enoch Man^ now hath lawful au- 
 thority and right to give, &c. the faid annuity in man- 
 ner and form aforefaid : and that heretofore neither he, 
 nor any other by his appointment, or with his confent, 
 hath made any former bargain, ftile, gift, grant, aifign- 
 ment, furrender, extinguilhment, charge or incum- 
 brance of the lliid annuity or yearly rent of, &c. or any 
 part thereof; nor that he the laid Enoch Man, nor any- 
 other by or from him, or with his confent have or hath 
 done, nor hereafter at any time fliall do, commit orfuf- 
 fer to be done any a^l, deed, or thing whatfoever, where- 
 by the faid Innis Adams, his executors, adminillrators 
 or ailigns, fliall or may be hindered or letted, of, or inthe 
 having, receiving, and enjoying of the faid annuity or 
 yearly rent, or any part thereof : And that the faid Innis 
 Adams, his executors, admiuiftrators and ailigns, fliall 
 tmd may from time to time, and all times hereafter, for 
 and during the natural life of the faid Enoch Man, law- 
 fully, peaceably, &c. have &c. the faid^annurcy or, &c. 
 and every part, &c. to the proper ufe, &c. without the 
 let, &c. And farther that the {:\\^E.noch Man, fliall and 
 will from time to time, and all timeshereafter,attherea- 
 fonable requeft, &c. do or caafe to be done, all fuch 
 further a6l and aCls, thing and things, for the further 
 afTurins: of the faid annuity, &c. to the Lxi^ Innis Ad- 
 ams, his executors, adminillrators and affigns, for and 
 during the natural life of the faid Enoch Man, as by 
 the faid/?/;z/6' Adams, his executors, adminillrators and 
 affigns, fliall be reafonably devifed, ad vifed and requir- 
 ed. In witnefs, &c.
 
 ASSIGNMENT, 129 
 
 Asslgn7nent and release of a Share of the residue of 
 the Tcs:ator''s personal Estate from one Executor 
 to another. 
 
 This indenture made, fcV. between Sarah Lee^ of 
 •, of the one part, and Peter Lee^ of , of the 
 
 \ 
 
 other part : Whereas [here recite the will^ and 
 did nominate and appoint his fuid vvife Sarah^ and his 
 tA\ o fons, Peter and Johii Lee^ executors of his faid 
 will, as by the faid will, relation being thereunto had 
 \vil! more fully appear. And whereas the faid Peter 
 J^ee, folely a6\ed in the faid executoHhip, and paid all 
 the faid teftator's debts, and the faid Sat ah Lee her 
 
 faid legacy of dollars, and all other legacies given 
 
 by the fiid teilator's will ; and the K^xCi Surah T^c'fhath 
 retained in her hands all the silver plate^^c. given 
 her by the faid teftator's will as atorefaid. And where- 
 as the refidue of the faid teftator's eftate confifts chief* 
 ly in debts beyond fea, and in damaged and old flifli- 
 ioned [^okland iilver ftufts, which debts in all probabi- 
 lity v/ill not be got in without great length of time (if 
 at all), nor can the goods be difpofed of without great 
 lofs : And whereas in order to make an end of the faid 
 execiitorfliip account, he the faid Peter Lee^ hath a- 
 greed w ith the ftiid Sarah Lee for the purchafe of her 
 third part, or fliare, of the refidue of the faid teftator's 
 eftate, given her by the faid teftator's will as aforefaid, 
 
 at and for the fum of- . Now this indenture wit- 
 
 nefteth, that the faid Sarah Lee^ for the confideration 
 aforei lid, and for and in confideration of the faid fum of 
 
 ' of lawful money of the United States, to her in 
 
 hand, at or before the fealing and delivery of thefe pre- 
 fents by the faid Peter Lee, well and truly paid, the re- 
 ceipt w hereof (he, the faid Sarah Lee, doth hereby ac- 
 knowledge, and thereof, and of every part thereof, doth 
 acquit, rcleafe, and difchargc the {-Aid Peter Lee, his ex- 
 ecutors, adminiftrators, and afiigns, by thefc prefents ; 
 [ 17 ]
 
 130 A S S I G N M E N T. 
 
 hath granted, affignecl, and releafed, and by thcfe pre- 
 fents doth grant, allign, and releafe, unto the laid Pe- 
 ter Lee^ his executors, adminiftrators, and alTigns, all 
 lier third part, or fliare of, and in the reft and rehdue 
 of the eftate of the faid Peter JLec^ deccafed, given 
 and bequeathed to her by the faid recited will as afore- 
 faid. To have and to hold the fiud third part, or ihare, of 
 the refidue of the eftate of the faid Peter Lee, deceafed, 
 liereby affigned and releafed, or mentioned, or intend- 
 ed fo to be, unto the faid Peter Lee, his executors, ad- 
 miniftrators, and ailigns, to be by him and them had, 
 held, received, and enjoyed, to his and their only pro- 
 per ufe and benefit, Avithout any account to be given, 
 to the faid Sarah Lee, her executors or adminiftrators, 
 for thefame. And the better to enable x\iQ{2i\(\. Peter Lee j 
 his executors, adminiftrators or ailigns, to get in and re- 
 ceivethe debts ftill remaining, due and owing tothe faid 
 ieftator's eftate, Ihe, the faid Sarah Lee, hath made, or. 
 dained, conftituted and appointed, and by thefe prefents 
 cloth make, ordain, conftitute, and appoint the faid 
 Peter Lee, his executors, adminiftrators, and affigns, 
 her true and lawful attorney and attornies, irrevocable 
 in her name and ftead, or in the name, and to and for 
 the proper ufe and behoof of him the faid Peter Lee^ 
 his executors, adminiftrators, or afligns, or in her name, 
 jointly with the faid Peter Lee and John Lee, or the 
 iurvivor of them, to afk, demand, receive, and take of 
 and from all and every jTcrfon and perfons any ways 
 indebted to the eftate of the faid Peter Lee deceafed, 
 all and every debt and debts, fum and fums of money, 
 io by them refpe6lively due and owino; ; and in default 
 of payment thereof, or of any part thereof, to fue for 
 and recover the fame ; and upon the recovery or re- 
 ceipt thereof, or any part thereof, or any other end, 
 compofition, or agreement made, of or concerning the 
 premifcs, to make and execute any lawful releafe or 
 difcharge for the fame ; and further, to do all and eve-
 
 ASSIGNMENT. 131 
 
 ry other act and a6is, thing and things \vhalfocver, 
 •which fliall be requititc or nccdiul in or about tlic pre- 
 iTiifcs, for obtaining thereof in as full, large, ample, 
 and beneficial manner and form, to all intents and 
 purpofes ^vhatfoever, as Ihc the laid Sarah Lee^ might 
 or could do in her proper pcrfon, if thefe prefents had 
 not been made. And alio for him the faid Peter Lcc^ 
 his executors, adminiilrators, or afligns, to detain and 
 keep to his and their own proper ule and benefit, all 
 fuch fum and funis of money fo to be had, received or 
 recovered as aforefaid, without any account to be given 
 or rendered imto her the {wid Sarah Lee ^ her execu- 
 tors, adminiilrators, or aifigns, for or concerning the 
 fame ; (lie, the faid Sarah Lee, giving, and by thelb 
 prefents granting, unto the faid Peter Lee, his execu- 
 tors, adminiilrators, or ailigns, her full and abiblute 
 power in the premifes, and hereby ratifying and con- 
 firming all imd whatfoever the faid Peter Lee, his ex- 
 ecutors, adminiilrators, or afligns, iliall lawfully do, or 
 cauie to be done, in and about the fame premifes, as 
 fully and effe6\ua1ly, to all intents and purpofes, as if 
 ihe, the faid Sarah Lee, were prefent and did the fame 
 herfelf. And the faid Sarah Lee, doth hereby for her- 
 felf, executors and adminiilrators, and for every of 
 them, covenant, promife and grant to and with the faid 
 Peter Lee, his executors, adminiilrators and ailigns, 
 and every of them by thefe prefents, that flioj, the faid 
 Sarah Lee, her executors or adminiilrators, or any o£ 
 them, unlefs it be at the requeil of the faid Peter Lee^ 
 his executors, adminifirators, or aifigns, or fome or one 
 of them, fliall not nor will at any time hereafter releafe, 
 difcharge, vacate, or make void, the faid debt and 
 debts, fum or fums of money hereby afligned and re- 
 Icaied, to liim the laid P$ter Lee as aforeiaid, or any 
 part thereof, or any proceedings to be had or com- 
 menced for the recovery of the fame, or do any a6l on 
 thing whatibcver, whereby to defeat, or any ways im-
 
 152 ASSIGNMENT. 
 
 pede or hinder the faid Peter Lee of or from all, or any 
 lawtul procecdiny;s, and takiagaii and fingular the be- 
 nefit and advantage thertot", lor the recovering and re- 
 ceiving all and hngular the faid debt and aebts, I'um 
 and fuinh of money hereby alilgned ana releafed to 
 him the faid Peter Lee as aiorelaid, or mentioned or 
 intended fo to be, accoraing to the true intent and 
 xneaning ofthefe prefentb. And that neither the faid 
 Sarah Lee nor her executors or admuiiiliators, Ihaii or* 
 will at any time hereafter revoke, or in any ^vlfc make 
 void this prefent letter of attorney or any of the powers 
 herein and hereby granted. And further, that ftie the 
 faid Sarah Lee^ her executors, and admmiilrators Ihall 
 and will, from time to time, and at ah times hereafter, 
 at the reafonable requeft, and at the proper cofts and 
 charges of him the faid Peter Lee, his executors, ad- 
 miniilrators or affigns, make, do^ and execute, fuch 
 further and other lawful and reafonable a6l and a6\s, 
 thing and things, for the better alTignnig, releafnig, re- 
 covering or obtaining, all and Angular the faid hereby 
 aifigned, and releafed, or mentioi^.ed, or intended to be 
 alfigntd and releafed premifes, unto him the faid Peter 
 Lee in manner aforefbid, as by the faid Peter Lee^ his 
 executors, adminiftrators or affigns, or his or their 
 counfel learned in the law, fliall be reafonably devifed, 
 advifed, or required. And the faid Peter Lee ^ for him- 
 felf, his heirs, executors^ and adminiflrators, doth co- 
 venant, promife, grant and agree, to and with the faid 
 Sarah Lce^ her executors and adminillrators, that he 
 the f'tid Peter Lee^ his heirs, executors, and admini- 
 llrators, fliall and will, at all times hereafter, indemni-, 
 fy, defend, and faveharmlefs, the faid Sarah Lee^ her 
 heirs, executors, and adminillrators, of and from all 
 coils, charges, lolTes, dnmag^es, and expenfes, which 
 fhe or they fhall or may fnllain, or be put unto, for or 
 by reafon or means of any a6>ion or a6l!ons, fuitor fuits, 
 tliat ll:;ali or may be brought or commenced againft
 
 ASSIGNMENT. 133 
 
 anyperfon or perfons whatloever, debtors ta the eltate 
 of the iaicl Feter Lcc dcccaild, by virtue oi Uiele pre- 
 fents. In vvitnefs, t^c. 
 
 Of a Pension until Aloncy due upon a Bond shall he 
 satisfied thereout. 
 
 To all to whom thefe piefents fliall come, Henry 
 
 Man, of , Icrndeth gri^etini^; : Whereas the laid 
 
 Henry Man, by his bond or obligation uiider his hand 
 
 and leal, bearing date on or about the — day of , 
 
 which was in the year , became bound to hnocb 
 
 Hall, of , \_as in bond.'] And whereas the faid 
 
 £?iocb Hall IS i^n-ice dead, having full made his lall will 
 
 and tcllament in writinc^, bearing- date the , and 
 
 thereof coullituted and appointed Samilel Innis and 
 
 Isaac Boe, both of , the executors, as in and by 
 
 the faid will duly proved and remaining in the regifter's 
 
 office of the county of , reference being thereunto 
 
 had ^\ill appear. And whereas there is now jult!y due 
 and owing from the faid //t;zry jMan to the faid Samu- 
 el Innis Siud Isaac Roe, on the fl\id bond, as executors 
 
 as aforefaid, the fum of . And whereas the faid 
 
 Henry Alan, is entitled during his life to a penfion of 
 
 a year, given him by , payable quarterly ; 
 
 which pennon the Hud Henry Man, hath agreed to af- . 
 fign unto the faid Samuel Innis and Isaac Roe for the 
 
 better fecuring the payment ofthe faid fum of , fo 
 
 remainuiQ: due on the faid recited bond, as aforefaid, 
 with hnvfnl interell for the fame. Now know ye, that 
 the faid Henry Man, for the end and purpofe aforefaid, 
 and in purfuance and performance of the faid agree- 
 mjjjit, and for and in confideration of the fum of five 
 
 flfflings of lawful money of , to him in hand, a* 
 
 or before the fcalinc^ and delivery of thefe prefents, by 
 thefiAid Samuel Innis and Isaac Roe, well anr! truly 
 paid, the receipt whereof he the faid Henry Man doth
 
 134 ASSIGN M E N T. 
 
 I^ereby acknowledge j hath afligned, transferred and 
 let over, and bythefc j)rcfents doth aflign, transfer and 
 fet over, unto the faid Samnel Lnnis and Isaac Ji^oc, 
 their executors, adminiitrators and affigns, the laid pen- 
 
 fion of a year, given him by as aforefaid ; 
 
 and all benefit and advantage whatfoever to be had, 
 gotten, or obtained thereby, or by means or in refpeft 
 thereof. I'o have, hold, receive, take and enjoy, the 
 faid penhon hereby affigned, or intended to be hereby, 
 afligned unco the f;'id Samuel lnnis and Isaac Roe, their 
 executors, adminiilrators and affigns, for and during fo 
 
 long time and until the faid fum of , fo due and 
 
 owing from the faid Henry Mart, to the faid Samuel 
 lnnis Mid Isaac Roe, as executors as aforefaid on the 
 faid recited bond, with lawful intereflfor the fame, Ihall 
 ,be fully fatisiied and paid (if he the faid Henry Man 
 fliall fo long live). ^nd the better to enable the faid 
 Samuel lnnis diud Isaac Roe, their executors, admini- 
 ilrato' s and affigns, to receive the faid penfion hereby 
 affigned, when and as the f ime fliall from time to time 
 become due, he the faid Henry Man, hath made, or- 
 dained, coaftituted, and appointed, and by thefe pre- 
 fenns doth make, ordain, conftitute and appoint, the 
 faid Samuel lnnis and Isaac Roe, and each of them, 
 and the executors and adminiftrators of the furvi- 
 vor of them, his true and la^vf^l attorney and attornies, 
 irrevocable, in his name and ftead, or in their or either 
 of their own name or names, but to and for t^e purpo- 
 fes aforefaid, to afk, demand, receive, and take of and 
 from all and every perfon or perfons now or hereafter 
 to be appointed to pay the fame, the faid penfion of 
 
 , fo given to the fiid Henry Man, by as a- 
 
 forefaid, when and as the fame fliall from time to time 
 become due and payable, for and during fo long tnle 
 
 and until the faid fum of fo due and owing from 
 
 the faid Henry Alan totht^dkl Samuel lnnis and Isaac 
 liocj as executors as aforefaid, with lawful interefl for
 
 A S S I G N :>I E N T. ISS- 
 
 the fame, fliall he fully paid and fatibfied if be the faid 
 Henry Man Ihall fo long live.) And upon rcceipi there- 
 of or any part theieof, to make and exeeute any laufid 
 releafe or difcbarge lor the fame. And lui ther, to do 
 all and every other a6\ and acls, thing and things what- 
 foever, which fliall be needful or nLceifary to be done 
 in or about the premifes, for reeeiving therebf in as 
 full, large, ample, and beiiefieial a manner to all intents 
 and purpofcs as he the faid Hcmy j\lan^ might or could 
 do in his proper perfon, if thefe prefcnts had not been 
 made ; he the faid Henry M iii^ hereby raiifxing and 
 confirming all andwhatfoever the faid Samuel Innis and 
 Isaac Roe^ and each of them, and the executors and 
 adminiftrators of the furvivor of them, lliali lauiuliy 
 do, or caufc to be done, in or about the premifes, by 
 virtue of thefe prefents. And the faid Henry Man^ for 
 hnnfeif, his heirs, executors and adniioillrators, and 
 for every of them, doth hereby covenant, piomifeand 
 agree to and with the faid Samuel Inn'is and Isaac lioe^ 
 their executors, adminiilrators, and afngn^. and every 
 ofthem, by thefe prefents, that the laid Henry JSlan 
 Ihall not, nor will at any time hereafter, revoke or make 
 void the letter of attorney herti":i before containtd, or 
 do any a6\: or thing to defeat or hinder the faid Samuel 
 lun'is and Isaac Roc^ or either of ^ht- m, or the execu- 
 tors or adminiilrators of die furvivor ofthem, in the re- 
 ceiving the faid peniion hereby affigned according to 
 the true intent and meaning of thefe prefents. And 
 further, that the faid Henry 3lan, ihv.W and will, from 
 time to time,athis own proper colls and charges, make, 
 do and execute, fuch further and other lawful and rea- 
 fonable acl and a6ls, thing and things, aflignments and 
 allurances whatfoever, for the better and more effe6lual 
 aii^ningand receivingthc faid penfion hereby afli.e;ned» 
 or intended fo to be, unl the laid Samuel Innis and 
 Isaac Roe^ for the purpofes aforefaid, as by the faid 
 Samuel Ijinis and Isaac Roe^ their executors or admi-
 
 136' ASSIGNMENT, 
 
 iiiilrators, fliall be reafonably devifed, advifed, or fc« 
 quired. In witncls, ^c. 
 
 Of a Lease by Indorsement, 
 
 Know all men by thefe prefents, That I, the Avithin 
 named Charles Diill^ for and in conficieration of the 
 
 fum of , to me in hand paid by Enos Fairplay, of 
 
 —. — , at and before the enfealing and delivery hereof, 
 the receipt whereof I do hereby acknowledge, have 
 granted, affigned, and fet over, and by thefe prefents 
 do grant, affign, and fet over, unto thefaid Eiios Fair- 
 play ^h'ls executors, adminiftrators and alTigns, the with- 
 in indenture of leafe, and all that meffuage, &:c. there- 
 by demifed, with the appurtenances : And alfo all my 
 ellate, right, title, term of years yet to come, claim and 
 demand whatfoever, of, in, to or out of the fame, to 
 have and to hold the fiiid meffuage, z^c. unto the faid 
 Enos Fairplay, his executors, adminiftrators and af- 
 figns, for the refidue of the term within mentioned, un- 
 der the yearly rent and covenants within refe^A'cd and 
 contained on my part and behalf to be done, kept, and 
 performed. In witnefs, ^V, 
 
 Of a Mortgage by Indorsement. 
 
 Know^ all men by thefe prefents. That I, Abel Bell, 
 the mortgagee within named, for and in confideration 
 
 of the fum of , to me in hand paid by Charles 
 
 Dice, of , at and before the enfealing and delivery 
 
 hereof, the receipt whereof is hereby acknowledged, 
 have granted, bargained, fold, affigned and fet ov^r, 
 and by thefe prefents, do grant, bargain, fell, affigii 
 and fet over unto the faid Charles Dice, his h^irs and 
 ailigns, the within indenture of mortgage, and all that 
 meffuage, ^c. therein mentioned and defcribed, toge-
 
 ASSIGNMENT, 1^7 
 
 ther with the rights, mcml:crs an.d appurtenance? there- 
 unto bek)iit^in^, and all my cilatc, right, title and inte- 
 red therein : To have and to hold all and fuigular the 
 premifes hereby gi anted and aflii^ncd, or mentiontd 
 and Hiiended Co to he, unto the faid Chiirles Bice, hi-s 
 heirs and alllgns, for ever, lLibje6\ neverthek fs to the 
 ri^^ht and equity oF rede4Ti])tion of the within nanietl 
 Jipbvaim ro'cclcr, hi:s heirs and affigi^s (if any they 
 have) in the fame. lu witnefb, ^y. 
 
 Of a Bond for payment of Money by Indeniureo 
 
 This indenture ^c. between Abel Jonts, cf — — , o£ 
 
 the one part, (the aflignor) and John S/jaVJ, of , 
 
 of the other part (the afiignee.) Whereas ^e. [recital 
 of the bond.'] x\nd whereas the fuid Abel Jones, in coii" 
 
 iideration of hei-eaiier mentioned to be paid to 
 
 him by the faid JoJjn Sbavj, hath agreed abfolutely to 
 alhgn the faid before recited bond, and all principal 
 and intereft monies thereby feeured, in fnch manner 
 as herein after is mentioned and expiellVd, of and con-t 
 cerning the fame refpe^ively : Now this indenture 
 witneifeth, that the faid Abel Jone<i, in confideration of 
 
 , the receipt whereof is hereby a*^knowledged^ 
 
 hath bargained, fold, afligned, transferred and fet over j 
 and by thefe prtfentsdodi fully, elenrly, freely and ab- 
 folutely bargain, fell, alTign, transfer and let over unto 
 the faid John ShaiVy his executors, adminiftrators and 
 alligns, the faid herein above recited bond or obliga- 
 tion, and all and every fum and funis of money thereon 
 now due and owing, or to become due and owing, by- 
 virtue thereof, and all the right, title, intereft, property, 
 claim and demand whatfoever or howfoever of him the 
 fliid .iW /(7«:'.?,of,iii,or to the faid hereby afligned bond 
 and monies thereby feeured, together with th$ faid bond 
 
 1 1« J
 
 138 ASSIGNMENT. 
 
 bond or writing obligatory, and all benefit and advan- 
 tage whaifoever to be had or made tliereoi ; to have, 
 liold, receive, take and enjoy the faid bond, nionic:s, 
 and all and finguiar the lalt hereby affigned premii'es, 
 unto, and to and for the only ufe and benefit of the laid 
 ^ohn Sbami^ his executors, adminiftrators and aiiigns, 
 from henceforth for ever : And for the better and more 
 effectual enabling him the faid John Sbaw^ his heirs, 
 executors, adminiftrators and affigns, to recover and 
 receive the faid hereby afligned money and premifes, 
 to and for his and their own ufe and benefit, he the find 
 Abel Jones hath nominated, made, conflituted, antho- 
 xifcd and appointed, and by thefe prefents, doth nomi- 
 yiate, make, conftitute, authorife, and appoint the faid 
 ,Tobn S/jaw, his executors, adminiftrators and aifigns, 
 his true and lawful attorney and attornies, irrevocable 
 for him, and in his name, and in the name and names 
 of his executors and adminiftrators, but for the fole and 
 proper ufe and benefit of the ftiiJ Jo/jn S/jaiv, his exe- 
 cutors, adminiftrators and aifigns, to afi-i, require, de- 
 
 tnand, recover and receive of and from the ftiid -, 
 
 his heirs, executors, and adminiftrators, the monies 
 clue on the faid bond, and on the non payment thereof, 
 he, and his executors, adminiftrators, and affigns, to 
 iue for the iame, and on payment thereof to deliver up 
 and cancel the faid bond, and give fufficient releafes and 
 difcharges thereof, and one or more attorney or attor- 
 nies, under him or them to conftitute ; and ^^hatfoever 
 the faid JobnSbaiv^ his executors, adminiftrators ot 
 afiigns, or his or their attorney fliall lawfully do in the 
 premifes, the faid Ah'l Jones, doth hereby allow and 
 confirm. And the faid AbelJofies, for himfelf, his 
 heirs, executors and adminiftrators, doth covenant 
 and promife with the faid jo/jn Sbaiv, his executors, 
 adminifta^ators and affigns, that he the faid Jbel Jones^ 
 hath not nor w'ill receive the faid monies due or to be 
 due on the faid bond or any part thereof, neither fliail
 
 ASSIGNMENT. 139 
 
 or will rcleafc or difcliarge the fame, or any part there- 
 of, nor Ihail or will ciiiavo\\ , dif:ontiiuie, reiealc or d-l- 
 chargc any action, iuit, bill, plaint, judgment or exe- 
 cution thereupon, or for the fame or any part thereof, 
 to be had, brought, profecuted or obtained, nor counter- 
 mand or revoke any power or audiority hereby given to 
 thefaid yo/j//6V^iZU',hisexecutors,aaminillratQrsandaf- 
 li'Mis, without the fpccial licenfe and confent of the faicl 
 John Shanv, his executorii, adminiilrators, and afligns, 
 tlierein or thereunto lirft had and obtained in writing, 
 or the rule, order or decree of fomc court of law or 
 equity, but will own and allow of ail proceedings for 
 recovery thereof ; he the faid John ShaiVy faving the 
 faid Jbcl Jones harmlefs of and from any colls that may 
 happen to him thereby, in witnefs, bV« 
 
 Of a Judgment recovered by Verdict. 
 
 To all to whom thefe prefents fliall come, I, Abel 
 
 J]ain, of , i'cnd greeting. Whereas I the faid .^- 
 
 de/ Bain^ lately recovered judgment in the court oC 
 
 , again Roger Coleo^ , for the fum of , 
 
 as by the record of the faid judgment, remaining ini 
 the office of the clerk of the faid court doth appear, 
 upon which judgment, execution hath been lately fued 
 forth. Now know ye, that I the faid Abel Bain, for 
 divers good caufes and conlidcrations me hereunto 
 moving, have granted, transferred, afligned and fet 
 over, and by thefe prefents do clearly and abfolutely 
 grant, transfer, affign and fet over unto Junis Fovjl 
 
 of , his executors, adminiilrators and aiiigns, as 
 
 well the faid judgment for the faid fum of afore- 
 
 faid, as alfo all benefit, profit, fum and fums of money, 
 and advantage whatfoever, that now can, or fliall or 
 may hereafter be obtained, by rcafon or means of the 
 fame, or any execution thereupon, now had, or to be
 
 UO ASSIGNMENT. 
 
 h^id, fued, executed, or obtained : and all the eflatc, 
 right, title, intergft, and demand \vhailoever, which I 
 the laid Abel Bain^ have, or oui^ht to have, or claim 
 of, in, or to the laid jndgrnenr, or any lums of money, 
 lands or tenements, w hich by virtue thereof, or oi any 
 ]6rocefs or execution thereupon lued or to be fued Ihall 
 Or may he recovered, obtained or gotten. And further, 
 i the K\.\\d^ Abel Bain ^ do by thtfe p-efents make, ordain, 
 conftitute, authorife and appoint the laid Innis Fowl, 
 to be my true and lawful attorney, for me and in my 
 pame to ufe and profecute the laid execution upon the 
 faid judgment and upon compohtion or agreement 
 made concerning the premifes, to acknowledge fatis- 
 fa6tion, or to make and give any other releafe, or dif- 
 charge for the fame ; and ail and every fuch other a6l 
 and a<?i:s, thing and things whatfoever, as fliall be re- 
 c^uifite in and about iht premifes, 1 cwenant to allow, 
 eftablilh, jjnd confirm by thefe prefents. And 1 the Hiid 
 Abel Bam^ for mivfeif, my heirs, executors and admi- 
 ■niftrators, do covenant, promife and agree to and with 
 the faid Innis FolJol^ his executors, adminillrators and 
 a(rigns,by thefc prefents, in manner and form following, 
 that is to fay, that 1 the faid Abel Bain, have ncA-er 
 made or executed any releafe or other difeharge of the 
 faid judgment, or of any execution which hath been or 
 lliall be thereupon fued or executed ; neither will nor 
 llialllthe faid./^^t7^^m,my heirs executors and admi- 
 nillrators, at any time hereafter, make, commit, or do any 
 releafe, a61;, or thing whatfoever, whereby the faid judg- 
 ment, or any execution which hath been thereupon fued 
 or executed, or \\ hich fhall atany time hereafter be fued 
 or executed, by the faid Innis Fowl ^ or his afligns, lliall 
 be i« any manner defeated, hindered, ^lifabled, debar- 
 red, or extinguillied, without the confent of the faid 
 Innis Fowl, his executors, adminillrators or afiigns, 
 thereto firll had in writinfi:. ^ i^d further, that 1 the 
 faiil Aibd Bain^ my ezcecutars and admiaiftratGrs, llit^U
 
 ASSIGNMENT. Ul 
 
 and \A ill at all times hereafter, on the requeft, and at the 
 colls and chargt-s oithc laid Iimis Foiv/, his IVeiis. ex- 
 ecutors; adminillralors or ailigns, maintain, julhi\ , al- 
 low and confii m all I'uch lawliil actions, fuits, procels, 
 executions, and proceedings wliatfoever, as have been, 
 or Iha'ft hoi-catter be brout^ht, I'ned Ibrth, or projecuted 
 againil the faid Roifcr Cole, his heirs, executors, ad- 
 miniltrators or aillgns, his, their, or any of their lands, 
 tenements, goods or chatties, upon or by realbn of the 
 laid judgment. In Witneis, ^'c. 
 
 Of Mortgage of a Lease of Years. 
 
 This indenture made, &c. betv/een Ira Finney of 
 the one part, and Richard Gore of the otlier part. 
 Whereas Fcity Hev^cs, by indenture bearing date, ^c. 
 
 IJIcre recite the mortgage'] which laid fum of 
 
 or any part thereof, Avas not paid or tendered to or for 
 the faid Ira Finney at the day in the provifo of re-, 
 dempticn limited for payment thereof, but yet rcm.ain- 
 eth unpaid, by reafon w hereof the faid meir.Mge and 
 other premifes, and the' whole ellate, right, title, and 
 interell of tbeli\id F'clty Ileives, in and to the fame, 
 became fuifeiled unto the faid Ira Finney, and he 
 thereby was and now is lawful'y interelled in and pol- 
 feflcd of the faid premifes, and every part thereof, dur- 
 ing the reiidueofthe term of years therein, which 
 then were and now are to come and unexpired. Now 
 this indenture witneffcth, that he the faid Ira Finney, 
 
 for and in conilderation of the fum of , to him in 
 
 hand paid by the laid Richard Gore, the receipt where- 
 of is hereby acknowledged, hath granted, barsjained, 
 fold, affigned, transferred and fet over, and by thefe 
 prefents doth grant, bargain, fell, afiign, transfer and 
 fet over unto the faid Richard 'Gore, his executors, 
 di the fuid meiVuage, ^c, and premifes, with the appur-
 
 u:: ASSIGNMENT. 
 
 tenances, granted unto him the faid Ira Finney, in 
 and by the" faid inacnture a^ aforel'uid, and ail the 
 ellate, rii^ht, title and interell ot him the laid Iret I'ln- 
 nry by virtue ol'thc laid indenture of mortgage or af- 
 fignnient above recited, or of any thing therein menti- 
 oned or contained, together with the faid indentnre of 
 niortgctge or demife, and all other writings reiarlng to 
 or cuiicern'ing the lame, now in the cuiiody or polfef. 
 fion of him the faid Ira Finney, to have and to hold 
 the faid melTuage, &c. by force and virtue of the faid 
 recited indenture of leafe, or the faid indenture of 
 jnortgage aforefaid, or either of them, or any thiug 
 therehi mentioned or ex[.reflcd, or otherwife howfo- 
 ever, \_.idd a co'ucnantj'om assignor against inciim- 
 brances^ and for further assurance.'] In witnefs, &c. 
 
 Of an Indenture of Apprenticeship. 
 
 This indenture made, &,c. betv»ecn Conrad Hoge^oS. 
 
 ' , of the one part, and Samuel JVade^ of , of 
 
 the other part. Whereas Henry Pope, fon of John 
 
 Pope, late of , by his indenture of apprenticefiiip 
 
 bearing date the , became the apprentice of the 
 
 faid Conrad Ilogc, for the terra of feven years, com- 
 mencing from the date thereof; as by the faid inden- 
 ture, relation being thereunto had more fully appears. 
 Now this indenture witneileth, that the faid Conrad 
 Moge, for divers good caul'es and confiderations him 
 hereunto moving, and by and with the defire and con- 
 fent of the f.\id Henry 'Popc, the apprentice, (teftified 
 by his ligning and feaiing thefe prefents,) hath aflign- 
 ed, transferred and turned over, and by thefe prefents 
 doth afiign, transfer and turn over unto the faid Samu- 
 el IVade, the faid Henry Pope, the apprentice, and the 
 faid indenture of apprenticeihip, and all the right, ti- 
 tle, interell. term, fervicej benefitj chim and demand
 
 ASSIGNMENT. i-i^ 
 
 ^yhatfocvcr, of him the fald CoJirad JToge^ of, in, or 
 unto the faid apprentice by force and virtue of thcfaid 
 recited indenture or othcrwilc howfoever : '1 o iuve 
 and to hold the faid a: prentice, and the faid indenture 
 of apprcnticclliip, rij^ht, title, intereft, benefit and fer- 
 vice, hereby uil:g led unto the faid Samuel JTade^ his 
 executors, admiinillrators and af igns, irom hencciorth, 
 for and during all the rehdue and remainder now to 
 come and unexpired of the faid apprcnticclliip or term 
 of feven years aforefaid ; and that in as ample and 
 beneficial a manner and form to all intents and purpo- 
 ies w halfocver, as he the faid Conrad Jloge^ ^^I't^ht, 
 could or ought to have held and kept the faid appren- 
 tice by force and virtue of the faid recited indentuie or 
 otherwife houfoever ; (under and fubje^l: neverthelefs 
 to the covenants and agreements therein on the part of 
 the faid Conrad llo^e^ to be done and performed:) 
 Aiul thcfaid Samuel IVade , doth for him f If, his cxe> 
 cutors and adminiftrators, covenant, promife and agree 
 to and v'ith the faid Conrad Hogc\ his executors, and 
 adminiftrators, by thefe prefents, that he the faid 5"^- 
 nniel JFadc^ his executors and adminillrators fliall and 
 ivill well and truly obferve, perform, fulfil and keep the 
 covenants and agreements in the faid recited inden- 
 ture of apprenticeiliip on the part and behalf of the faid 
 Conrad Hogc^ to be done and performed. In witnefs, 
 £cc. 
 
 Another short Form, 
 
 To all to whom thefe prefents fnall come, greeting " 
 Whereas Thomas Holmes^ bv this indenture made 8<:c. 
 hath put Robert Henry ^ his fon,an apprentice to me the 
 faid Abel Jhll^ to learn the art and myik-ry of ^painter 
 fcmdgluzier. Know ye, that I the faid Abel Bell, have 
 afiigned, transferred and turned over, and by the O- pre- 
 fents do aflign, transfer and turn over unto Conrad Doe,
 
 144 A S S I G N M E N T. 
 
 the faid Robert Henry, and the faid indenture ofap-- 
 prcnticefiiip, and all iny right, title, intereft, term, 
 fervice, benefit, claim and demand whaifoever» 
 of, in, or unto the faid apprentice by force and 
 %'irtue of the faid recited indenture or otherwife how^ 
 foever : I'o have and to hold the faid apprentice, 
 and the faid indenture of apprenticefliip, right,title, 
 intereft, benefit and fervice, hereby afiigned unto the 
 faid Conrad Boe, his executors, admmiftrators and 
 aifigns, from henceforth, for and during all the refidue 
 and remainder now to come, he finding to the faid ap- 
 prentice, meat, &c. and all other necefiaries during the 
 faid term, and teaching and in{lru8:ing him in the art 
 and myftery aforefaid,, as I Abel Bell am bound and o- 
 bliged according to the tenor of the faid indenture. In 
 xvitnefs whereof, &c. 
 
 Of a Mortgage 'for a term of years by to ay of indorse, 
 ment, and of a Bond for payment of the Mort-. 
 gage-money^ and for performance of Co'uenantSy ivitb 
 a Letter of Attorney^ 
 
 Know all men by thefe prefents, that I the within 
 named Samuel Capp, in confideration of the fum of 
 
 ■ , to me in hand paid by Thomas Bently, of -, 
 
 and for divers other good caufes and confiderations me 
 hereunto efpecially moving, have bargained, fold,affign- 
 ed, transferred and let over, and by thefe prefents do 
 bargain, fell, affign, transfer and fet over unto the faid 
 Thomas Bently, his executors, adminiftrators andaf- 
 ligns, All and fmgular the within indenture of demife, 
 and premifes thereby granted and demifed, or mention- 
 ed or intended fo to be, and every part thereof, with 
 the appurtenances ; and all my eftate, right, tide, inte- 
 reft-, term of years to come, propert)-, claim and de-
 
 ASSIGNMENT. 145 
 
 mand whatfoever, eiihcr in law or equity, of, in or to 
 the fame, or any pai t tiKrcof : And alio one bond or 
 obligation bcariii;^ equal date whh theu ithin incteniure, 
 whereby the wilhin named Titus Crane became bound 
 
 to me "in the penal liin> oL , conditioned for the 
 
 payment of wiUiui mentioned, and for the true 
 
 performance of the leveral covenants in the within in- 
 demure mentioned, and all and every fum andfumsof 
 money due, or to grow due thereon : To have and to 
 hoid the laid foveral kc. and premifes, by the within 
 indenture granted anddemifi-d, with their appurtenan- 
 ces, unio the faid Thomas Bcvtly, his executors, ad- 
 miniftrators and aftigns, from henceforth, for and dur- 
 ing the relidue and remainder now to come and unex- 
 pired of the within term of years, fubje6l to the 
 
 provifo within contained ; and to have, receive and 
 take all and every fum and fums of money due, or to 
 grow due upon the faid bond to the faid 1 homas Bent' 
 ly, his executors, adminiftrators and afligns, to his and 
 their own proper ufe and behoof: And I, the laid 
 Sarjiuel Capp, do here by make the (aid Thomas Bent' 
 ly^ his executors, adminiftrators and afltgns, my true 
 and lawful attorney and attornics, Sec [as in a letter 
 ej attorney in the assignment of a bond^p. 138.] And 
 1 the faid Samuel Capp, do hereby for myfelf, my heirs, 
 executors and adminiftrators, covenant, promife and 
 grant to and v/ith the faid Thomas Bcntly, his execu- 
 tors, adminiftrators and afficrns, by thefe prefents, that 
 I the faid Samuel Capp, have not at any time or times, 
 made, done, committed, or wittingly or willingly fuf«. 
 fered any a6l, matter or thing whatfoever, whereby or 
 by reafon or means whereof the fiid hereby bargained 
 and affigned premifes, or any part thereof, is, are, fliall 
 or may be charged or impeached in title, charge, CS" 
 tate or othervile howfoever. In witnef^j, &tc, 
 
 i 19]
 
 146 A S S I G N M E N T. 
 
 Of a Bond in trust for the uses of Marriage Jrttchs, 
 in discbarge of the residue of Money^ fa Mort- 
 gage being made for part J due on a Bond to the like 
 ■uses. 
 
 This indenture quadripartite, made the day of 
 
 . , httwQtn Martha Ho^iv, of— — , of the firft part, 
 
 Joel Eaton, of , of the fecond part, Eli Elaines, of 
 
 . , and Rachel his wife, of the third part, 2X\i\Caleb 
 
 Wain, of , and Lemuel Ho\\j, of- , of the fourth 
 
 part. Whereas the faid Martha Ho%[), in and by one 
 
 bond, dated the ^^ became bound unto the faid 
 
 €aleb TVain, in the penal fum of , conditioned for 
 
 Ihe payment of — — , on ■ — -, to be applied and dif; 
 pofed, to, for and upon fuch ends, intents, trufts ^ncj, 
 purpofes, as were agreed and declared in and by cer- 
 tain articles of agreement, bearing date the , and 
 
 made' between the faid Eli Haines, of the one part, 
 and the faid Caleb Wain, and Lemuel How, o^ i\i^ o- 
 
 ther part : And whereas Richard Mason, of -, 
 
 fmce deceafed, together with the faid Joel Eaton, m 
 and by one other bond, became bound unto the faid 
 
 Martha LIow, in the penal fum of , conditioned 
 
 to be void on payment by the faid Richard Mason and 
 
 J&el Eaton, of the fum of , on ,as by the faid 
 
 bonds reference being thereunto had more fully appears. 
 And whereas the iak\3Iartha How hath, in and by one 
 indenture bearing date the day next before the day of 
 the date hereof, ''granted to the l\\id Caleb Wain, by 
 ■way of mortgage a melTuage &c. for fecuring dol- 
 lars and intereft, towards difcharging and in part of 
 payment of the faid firft recited bond : Now this inden- 
 ture witneffeth, that the MdMartha How, for the pay- 
 ment and fatisfaftion of , and in full difcharge of 
 
 the faidfirft recitedbond,and in confideration alfoof the 
 fum of one dollar to her in hand by the faid Caleb 
 IVain^'md Lemuel How^\it\\ and truly paid, (he tke iaid
 
 ASSIGNMENT. X47 
 
 Martha How^ hath bargained, fold»afIigiied,traHsferred 
 and let over, and by thclc prtients doth bargain, fell, 
 aliijL^n, transfer and fet over unto the laid Caleb JFain 
 and Lemuel Hinv^ their executors, adminillrators and 
 aHigns, the faid lail recited bond or obligation entered 
 into by the faid Richard Mason and Joel La (o?iy to the 
 faid Martha How ^ as aforefaid, and the monies thereby 
 leeui'ed, and all her right, title, interell, claim and de- 
 mand u halfoever, of, in and to the fame. And 8fc. 
 [^As in I^et tor of attorney ,p . 138] for herand in her name^ 
 and in the name or names of her executors and admi- 
 nillrators, but upon the irufts and for the ends, intents 
 and purpofes in the faid articles mentioned, to alk, re- 
 quire, demand, recover and receive of and from the faid 
 i^c, and for non-payment thereof, they the faid 
 Caleb jrain^nd. Lemuel How and their executors, ad- 
 miniflrators and alligns, to fue for the fame ; and on 
 payment thereof, to deliver upandcancel the faid bond^ 
 and give fufficient releafes and difcharges thereof. All 
 •which monies, when received, iliall and ought to be 
 laid out, applied and difpofedto and for fuch ufes, in- 
 tents, trufts, and purpofes, as are agreed and declared 
 by and in the laid before mentioned articles. And 
 l_Covcna?it not to receive the money., nor release'^ ^c. 
 as in p. 138.] In witnefs, ^c. 
 
 Of an Intestate^ s Personal Estate by the Jdmitiistra- 
 tor^ and a re-ass?^^ntncjit of it to the Administrator 
 in order to alter the Property. 
 
 To all to whom thefe prefents fliall come, I TnUlam 
 Jones.Gi-^ — , fend greeting: Whereas, I the laid IViUi- 
 am Jones, \\\ion the deceafe of my kite daughter Esther 
 Jones, hiive in due form of kav taken out letters of ad- 
 miniliration to my fuid late daughter Esther Jones , and
 
 148 ASSIGNMENT. 
 
 am thereby entitled to ^vhatfoever perfonal eflate flic 
 did die any ways poilVlllcI of, intereiled in, or entitled 
 to : Now thefe prefei)tt> witnefs, That I the faid fVil- 
 liam Jones, nitending hereby to aher the property of 
 fuch perfonal eftate, have, Tor the pnrpofe atbreiaid, 
 and lor and in coniideration of the funi of one dollar to 
 rae paidbymy fon JVi III am Jones, and Walter Fitch, 
 
 of , tiie receipt \^•helcof ib hereby acknowledged), 
 
 bargained, fold, afligned, transferred and fet over, and 
 by thcfe prefents do bargain, fell, affi^^n, transfer and 
 fet over unto my faid fon William Jones, and Walter 
 Fitch, their executors, adminiftrators and affigns, all 
 and hngular the goods, chattels, monies, mortgages, 
 fecurities, and all other the perfonal eftate of what na- 
 ture or quality foever the fame may be, which my faid 
 late daughter Esther Jones \\ as any ways poffefied of, 
 intereflecl in, or entitled unto, at the time of her de- 
 ceafe : To have and to hold the find goods, chattels, 
 monies, mortgages, fecurities and perfonal eftate unto 
 the faid William Jones, and Wilter Fitch, their exe- 
 cutors, adminiftrators and affigns ; in truft neverthe- 
 lefs for me, and for my only ufe and benefit. In witnefs, 
 
 icr The re-affignm.ent to be indorfedon the back 
 thereof, and dated the day after the date of the above. 
 
 Memorandum : That we the within named Williatri 
 Joncs,jiin. and Walter j^/rcy6,putfnant to the truft in us 
 repofed by the within named William Jones, and for 
 and in confideration of the fum of one dollar to us in 
 handpaid by the faid William Jones, the receipt where^ 
 of we do hereby refpeQively acknowledge, have bar- 
 gained, fold, affigned, transferred and fet over, and by 
 thefe prefents do, and each of us doth bargain, fell, 
 affign, transfer and fet over unto the faid V/iWam Jones, 
 his executors, admijiiftrators and afllgns, all the goods,
 
 ASSIGNMENT. 149 
 
 chattels, monies, mortgages, fccurities, and all other 
 the perfonal eitate wliairotver, \vhich by the wiihin 
 U'ritten deed, is, or are mentioned or intended to be ai"- 
 iigned unto us by the faid Jniliam Jones^ to have and 
 to hold the laid goods, chattels, monies, mortgages, 
 lecurities, and all other the peribnal eftate whatjoever 
 fo afligned unto us as aforefaid, unto the faid jnUiam 
 Jojics^ his executors, adminiilrators and alTigns, to and 
 for his and their own proper ufe, behoof and benefit, 
 In Witnefs, ^d'c. 
 
 Of an Aimiiity left by JVilL 
 
 Whereas Richard Doe^ late of , in and by his 
 
 laft will and teftament in writing, bearing date the — — 
 day of , which was in the year , gave and be- 
 queathed unto his brother Paul Doe^ one annuity or 
 clear yearly funi of one hundred dollars, to be paid 
 quarterly, during the natural life of the faid Paul Doe^ 
 and the faid tellator, by his faid laft will, amongft other 
 
 things, charged all his edate in , with the payment 
 
 of the faid annuity, as by the faid will, relation being 
 thereunto had may appear : And whereas the faid tef- 
 tator foon after died without altering or revoking his 
 faid will : And whereas the faid Paul Dot\ by deed 
 
 poll, bearing date the day of laft, for the 
 
 confideration therein mentioned, did bargain, fell, af- 
 
 fign, transfer and fet over unto John Grj^en^ of , 
 
 the faid annuity or yearly fum of one hundred dollars, 
 payable to him as aforediid, and which fliould fiom 
 time to time become and grow due and payable, by 
 virtue of the faid recited will, and all his efta'te, right, 
 title, intereft, property, claim or demand, of, in and to 
 the iame ; to hold, receive, perceive, take, and enjoy 
 the faid thereby afligned premifes, from time to time as
 
 150 ASSIGNMENT. 
 
 the fame fiiould become due and payable unto the faid 
 John Grecn^ his executors, adrainillrators and aiTsgng, 
 as and for his and the irovvnproper monies : And where- 
 as y<;7777c'5 Tr'ipp^ of , haih contra^led and agreed 
 
 with the faid [John Green^ for the purchafc oi' the faid 
 annuity fo afligned to him as atbrefaid, and the arrears 
 thereof, from January laft, to which time the faid an- 
 nuity was paid to the faid Paul Doe ^ at and for the fum 
 
 @f dollars : Now know all men by ihefe prefents, 
 
 that 1 the faid John Grceiij for and in confideration of 
 
 the faid fum of dolJ^irs, of lawful money of the 
 
 United States, to me in hand, well and truly paid by the 
 i.2Ci^ James Tripp^ at and before the fealing and delive- 
 ry of thefe prefents, the receipt whereof is hereby ac- 
 knowledged, and for other good caufes and confidera- 
 tions, me hereunto moving, have bargained, fold, af- 
 figned, transferred and fet over, and by thefe prefents 
 do bargain, fell, affign, transfer and fet over unto the 
 faid James Tripp^ the faid recited annuity or yearly 
 fum of one hundred dollars, lo alTigned or fet over to 
 me as aforefaid, and which fhall from time to time be- 
 come af:;d grow due and payable by virtue of the faid 
 recited will, and the faid recited (\t<'.(\ poll of afiignment 
 thereof, and the faid arrear of the f lid annuity, and all 
 my eftate, right, title, intereft, property, claim, or de- 
 mand, of, in and to the fame : To have, hold, receive, 
 perceive, take, and enjoy the faid hereby afligned pre- 
 mifes, from time to time, as the fame fliall become due 
 and payable, and the faid arrear unto the faid James 
 Tr'ipp^ his executors, adminillrators, and affigns, as 
 and for his and their own proper monies : And for the 
 confiderations aforefaid, and for the better enabling the 
 faid James Tripp ^ to recover and receive the laid here- 
 by afligned monies, I the faid John Green^ have made, 
 ordained, conilituted and appointed, and by thefe pre- 
 fents do make, ordain, conftitute and appoint, the faid 
 James Tripp^Wis executors, adtninillrators, and affigns^
 
 ASSIGNMENT. 151 
 
 to be my true and lawful attorney and attornics, irre- 
 vocable, in my name, or otheru ile, but to the Iblc ufe 
 and behoof ofhim the faid James Tripp, his executors, 
 adniiniltrators and aiVigns, to alk, demand, and receive 
 of and from all perfons whom it doth and may concern, 
 the faid annuity or yearly fum of one hundred dollars, 
 payable as aforefaid, during the natural life of the faid 
 Peter Doe, and the faid arrears thereof, and to bring, 
 commence, or profecute any a6\ion, fuit or procefs, ei- 
 ther at law or in equity, for the recovering and obtain- 
 ing thereof, as lliall be requiiite and necelTary, and at- 
 tornies one or more under him or them to fubilitute, 
 and at plcafure to revoke, and to do and perform all and 
 every other lawful acl and a6\s, thing and thirigs, in 
 and touching the premifes, as fully and effe^lually to 
 all intents and purpofes as I the faid John Green might 
 or could have done, before the execution of thefe pre- 
 fents : And laflly, 1 the faid John Green, do here- 
 by covenant, promife and agree, to and with the laid 
 J a?nes Tripp, his executors, adminiftrators and afligns, 
 that I the laid John Green, upon every reafonlible 
 rcqueft, of the faid James Tripp, his executors, admi- 
 nillrators and afligns, lliall and will make, do, and exe- 
 cute, or procure to be made, done and executed, all 
 and every fuch further and other law ful and reafonabl« 
 a6l and ac\s, thing and things whatfoever, for the fur- 
 ther, better, more perfe<Sl, and abfolute afii<;ning and 
 affnringthe faid annuity or yearly fum of one hundred 
 dollars, and the fliid arrears thereof, unto the faid James 
 Tripp, his executors, adminiftrators and afligns, as by 
 the laid James Tripp, his executors, adminiftrators or 
 afligns, or his or their counfcl learned in the law, fliall 
 be reafonably dcvifetl or advifed, and required. In 
 witnrfs, Sz:c.
 
 152 A S S I G N M E N T. 
 
 Of a Share of the residuary Part of a Personal Estate, 
 
 To all to M horn thefe prefents fliall come, Giles 
 
 Pugh^ of ~, fendeth greeting : Whereas Da'uid 
 
 Pugh^ late of , deceafed, by his laft ^vill and tefla- 
 
 ment in writing, in the French language, bearing date 
 on or about the day of , after the feveral le- 
 gacies therein mentioned, and his funeral and lawful 
 debts were paid, *' did declare his mind and will to be, 
 that all the reft and refidue of his cftates fliould be pla- 
 ced out by his executors, upon fome government fecu- 
 rities, in truft, to pay the dividends and intereft to his 
 daughter Sarah Smarts wife of John Smarts during 
 her natural life, upon her own private receipt, without 
 the intervention of her hufband, and after her deceafe, 
 his faid ei^ecutors fliould transfer by equal portions, 
 the ftocks in which the faid reft and refidue of his eftate 
 fhouldhave been placed, to the children which his faid 
 daughter Sarah ihould leave at the time of his death, 
 at their refpe(Slive ages of twenty-one 3'ears, the divi- 
 dcnds and intereft of the faid ftocks, in the mean time 
 to be paid and laid out for their refpeftive maintenances 
 and education, and in cafe his faid daughter fhould die 
 without leaving any children, or if flie leave any, and 
 fuch iffue fliould happen to die before they attained the 
 age of twenty-one years, then he willed that after the 
 death of his faid daughter, flie dying without ilfue, his 
 eftate fliould go to the children of his couftn Arthur 
 Plight and of his faid will, did nominate John Pugh 
 2iXv6. James Law^ executors, as in and by the faid will 
 duly proved by the faid executors in the proper court, 
 relation being thereto had may appear : And where- 
 as the faid executors, have paid the debts, legacies, 
 and funeral expenfes of the faid teftator, and have pla- 
 ced the refidue of the faid teftator's eftate in govern- 
 ment fecurities, upon the trufts in the faid recited 
 will. And whereas the faid Sarah Smart, hath one
 
 ASSIGNMENT, 1 SS 
 
 child now living ; and the laid tclbtor's con^m^ Art bur 
 Plight hath four children living, viz. the laid Gtorge 
 Fiigb, and two other Ions, and one daughter, now rcr 
 fidingin France : And whereas the faid John Smarty 
 hnlband of the faid Sara/j, hath agreed with the faid 
 George Pugh, to jnuchafe of him the part and fhare of 
 the reiidue of the fliid teftator's pcrfonal eflate fo direct- 
 ed to be put out at intereft as aforefaid, \\hich will be 
 coming due to him in cafe of the deceafe of the faid 
 Sarah, without iffue, or of the deceafe of fuch ilTue 
 before the age of twenty -one years, at and for the fum 
 
 of . Now know ye, that the faid George Pugh^ 
 
 for and in confideration of the faid fum of , of law- 
 ful money of the United States, to him in hand, at or 
 before thefealing and delivery of thefejprej^its by the 
 faid John Smart, well and truly paid, the receipt where- 
 of he the faid George Pugh, doth hereby acknowledge, 
 and himfelf therewith fully fatisfied and contented, hath 
 bargained, fold, and ailigncd, and by theie prefents 
 doth freely, clearly, and abfolutely, bargain, fell, and 
 affign, unto the faid John Smart, his executors, admi- 
 iiiftrators and affigns, all fuch part, fliare, and propor- 
 tion of the reliduary part of the pei Tonal eftate of the faid 
 Da'Did Pugh deceafed, direvH^ed by his faid recited will 
 to be placed out at intereft, by his executors on gov- 
 ernment fecurities as aforefaid, as Ihall at any time or 
 times hereafter become due to him the faid George 
 Pugh, by or upon the deceafe of the faid Sarah, wife 
 of the faid John Smart, without iilue, or by or upon 
 the deceafe of fuch iffue before the age of twenty-one 
 years, or otherwifc howfoever. And all the right, title, 
 intereft, equity, benefit, claim, and demand whatfoe- 
 ver, of him the faid George Pu^h, of, in, or to the 
 fame, To have, hold, receive, perceive, take and enjoy 
 the faid premifcs, and every part thereof, unto the faid 
 John Stnart, his executors, adminiftrators, andafligns, 
 to his and th^ir own proper ufe aad behoof for ever, 
 
 C 20 ]
 
 354 ASSIGNMENT. 
 
 And the better to enable the faid 'John Smart, his ex- 
 ecutors, adminiflrators, and airigns,to have and receive, 
 the fame in caiethe faid contingency fliall happen, he 
 the faid George Fii^^b doth hereby niaive, ordccin, con- 
 ititutc, and appoint the faid JohnSmart, his executors, 
 adniiniftrators, and aiiigns, his true and lawful attor- 
 ney and attornies, irrevocable, in the name of him the 
 faid Gcer^e Pzigh^ or in his or their ovvU name or 
 names, and to his and their ovvn proper ufe, to alk, de- 
 jnand,fue for, recover, and receive of and from the/aid 
 John Piigb^ ViwCi James X^^i;,andthe furvivor of them, 
 and the executors and admin iftrators of fuch furvivor, 
 and all and every other perfon and perfons liable to the 
 payment thereof, all fuch fum and fums of money as 
 iliall liecome due to him, the faid George Fugh, by the 
 laid recited will, in cafe of the deceafe of the faid Sa- 
 rah without iifue, or by the deceafe of fuch iifue before 
 the age of tv/enty-one years ; and upon receipt thereof, 
 or of any part thereof, acquittances, or other difcharges 
 for him and in his name, or in his or their own name 
 cr names to make and give, and for non-payment to 
 fue and profecute for the fame, as he or they fliall be 
 advifed, giving, and hereby granting to the faid John 
 Smarts his executors and adminiilrators, full power 
 and authority, in the premifes, to a6l and do therein 
 as fully, to all intents and purpofcs, as he the faid 
 €jcorz.e PiLzh mi«:ht or could do if thefe prefents had 
 aiever been made. And the faid George Piigh for him- 
 self, his executors, adminiilrators and aligns, doth co- 
 venant and agree to and with the faid John Smarts his 
 executors, adniiniftrators and aiiigns, by theie prefents, 
 in manner and form following (that is to fay), That he, 
 the faid George Pn^'h. Iiath not at any time heretofore 
 made, done, committed, or lufFered, any aCi, matter^ 
 or thing, a6ts, matters or things whatfoever, whereby 
 or wherewith, or by means or occafion whereof the faid 
 coirtingent intereil in the reuduary part of the faid tef-
 
 ASSIGNMENT. 155 
 
 ts.tor's efta(c hereby afligned, or intended to be alTigned, 
 or any part thereof, is, arc, Ihall, or may be rclcaied, 
 extinguilhed, impeached, charged, or incumbered, in 
 any manner of wife. And alfo, that he the faid George 
 Pii^h, his executors and adminiilrators, fliall and will 
 from time to time, and at all times hereafter, upon the; 
 reafonable requell, and at the cofts and charges in the 
 law, of the fald John Smart, his executors, adminiftra- 
 tors, and aifigiis, make, do, and execute, or caiife and 
 procure to be made, done, and executed, all fuch fur- 
 ther and other lawful and reafonable at5\ and a6ls, thing 
 and things, conveyances and aPAirances in the law 
 vvhatfoever, for the further and better alfigning and af- 
 furing the laid premifus to the faid John Smart, his ex- 
 ecutors, adminilh-ators, and afiigns, as by the fiiid John 
 Smart, his executors, adminiftrators, and aifigns, or hi<5 
 or their counfcl learned in the law, fliall be rcafonabiy 
 devifcd, advifed or required, la witnefs, &c. 
 
 ICT The attorney mull fjgn the name of his conlti- 
 tutor, thus : 
 
 George F ugh by 
 ^ohn Bourqiiet. 
 
 Memorandum : That John Bourqiiet, of , purfu- 
 
 antto and by virtue of a letter of attorney, and pow- 
 cr to him made and given by the within named 
 George Pugh, did, in the name of the fiiid George 
 Pugh, hgn and feal, and as the act and deed of hina 
 the' faid V/6'or£^^' Piigh, dehver the within written 
 ticcd-poll, in theprcfence of us.
 
 156 ASSIGNMENT. 
 
 Of two Bonds from an Executor to a Legatee, and a 
 
 Release from the Legatee, 
 
 This indenture made the — ^ — day of — — , between 
 
 Jane Rose, of- , executrix of the hill will and tell- 
 
 ament of Edward Rose, late of , barber ^ oi Read- 
 ing, her late hulband, deceafed, of the one part ; and 
 
 JVilUam Rose, of , fon of the faid Edward Rose^ 
 
 deceafed, of the other part. Whereas by virtue of 
 \_Here recite testator being possessed of an annuity.'^ 
 And whereas Samuel Teel, fenior, and Samuel Teel^ 
 
 junior, of , by their bonder obligation, under 
 
 their hands and feals, bearing date the day of 
 
 — — , which was in the year of our Lord , became 
 
 jointly and feveraily bound to the laid Edward Rose^ 
 
 deceafed, by the defcription oi Edward Ro^e of , 
 
 in the penal fmn of , conditioned for payment 
 
 unto the faid Edward Rose, his executors, adminillra- 
 
 tors or alTigns, of the fum of on the • day 
 
 of next. And whereas Enoch Evans, junior, 
 
 of , by his bond or obligation \_Here recite ano- 
 ther bond'\, as in and by the faid recited bonds or obli- 
 gations, with the conditions thereof, relation being 
 thereunto refpeSlively had more fully may appear. 
 And whereas the faid Edward Rose died on or about 
 
 the day of lall, having firll made his lalt 
 
 will andtellament in vAriting, and therein after giving 
 fome few pecuniary legacies, and amongft them to his 
 
 fon George Rose the fum of , (if alive), not having, 
 
 as he therein fays, heard from him for near twenty. 
 years pall, he gave unto the fvid Jane Rose, all his own 
 third of the refidue of his ellate, befides her own third, 
 which he therein fays, was her right by law, and all his 
 plate, m.oney in hand, and houfehold goods, flie pay- 
 ing all his debts and funeral expenfes ; and he alfo 
 gave to the faid JVilliam Rose, the other third of his 
 dilate for himfelf and children after hini 3 -.vhen all ;i£r
 
 ASSIGNMENT. 157 
 
 cciTary charges and cxpenfes were allowed for and deJ 
 dLi(?l;ed, and particularly the Icf^acies, and he declared 
 his will to be, that all his Itock in the bank of the Unit- 
 ed States, ihould be poUefled by the faid Jane Rose, 
 as part of her tvvo-thirdbof his eflate ; and^f^if hundred 
 dollars in cafli out of the money in the hands of tlie faid 
 jC/iOfyt? jE'-uY.'/ij, for whichhe therein lay she hadtvvo bonds, 
 one ofT^'yc/^z/wr/ra/dollars, the other of /luo hundred dol- 
 lars ; the two hundred (\o\\?^xs, the tellator therein n\ys,he 
 aflignstothefaid jriHiamRosc, andalfo/iix? hundreddol- 
 larsin the hands of theaforefaid^S^wzz/f/Ti-r/jicnior, and 
 Sumuel Tcel^ junior, and an annuity o^ forty dollars per 
 annum, whioh the teltator therein lays he viduts at 
 three hundred dollars, together, se'i^en hundred dollars, 
 and made the foid Jcvie Rose^ fole executrix of hisHiid 
 will, as by the faid will duly proved by the laid execu- 
 trix in the proper court, relation being thereto had 
 may more fully appear. And whereas the faid recited 
 annuity and order, is the annuity o^ forty dollars per 
 annum, which the faid teftator, in the faid recited will 
 fays, he affip^ns to the faid Jnil'iLVn Rose ; and the faid 
 two recited bonds were taken by the faid teftator for 
 the fums of tivo hundred dollars, and fcjo hundred dol- 
 lars which by his faid will he fays he afligns to the faid 
 JViUiain Rose. And whereas the faid George Rose^ 
 the fon, if living at the time of the death of the faid 
 teftator, was entitled to a Ihare of the orphanage part 
 of the faid teftator's eftate, in which cafe the annuity 
 of /brfy dollars per annum, and two bonds of nvo hun- 
 dred dollars each, will be more than the faid JFilliani 
 Rosens fliare of thefaid teftator's peribnaleftatc amounts 
 imto. And whereas the faid JVilliam Rose alleges 
 that from the length of time elapibd fince the faid 
 George Rose was heard ol', there is great reafon to be- 
 lieve he died before the faid teftator, and hath requeftcd 
 the faid Jane Rose to alhgu over to him the faid annui- 
 ty 0^ forty dollars per annum, and tyvo boiids of tw(f
 
 S58 ASSIGNMENT. 
 
 ^z.','^^;t^ dollai's each, M'hich the hid Jani' I^ose hatl\ 
 confented to, on his, the faid H'illiam Rose's agreeing 
 to accept the fame in full of all demands out of the faid 
 tedator^sperfonai eftate, and indemnifying her as here, 
 in after inentioned. And whereas the faid Jane Rose 
 in part performance of the faid agreement on her part, 
 hath by deed-poll of aifignraent, bearing even date 
 berewitb, affigned to the faid JViUiam Rose, his exe- 
 cutors, adminiftrators, and aiTigns, the faid annuity,, 
 tally, and order, for the remainder of the term to come 
 therein as in and by the faid recited deed-poll of afiign- 
 rnent, relation b^ing thereunto had may appear. Now 
 this indenture witnefTeth, that the Aiid Ja7ie Rose, m 
 purfuance and full performance of the faid agreement 
 on her part, and for and in confideration of ^;z^ dol- 
 lars of lawful money of the United States, to her in 
 ImT'd, at or before the fealing and delivery of thefe pre- 
 fents by the faid William Rose well and truly paid, the 
 receipt' whereof (he the imdJane Rose doth hereby ac- 
 knowledge : Hath granted, afiigned, transferred, and 
 fet over, and by thefe prefents doth grant, ailign, trans- 
 fer, and fet over, unto the faid IFiUiam Rose, his ex- 
 ecutors, admi'.iillrators, and alTigns, as well the faid 
 two fe^-eral recited bonds or obligations, as all monies 
 due, and to grow due thereon refpe6\ively, and all ben- 
 efit and advantage of the fame. To have, hold, re- 
 ceive, take, and enjoy, the faid two feveral bonds or 
 obligations, and all benefits and advantages of the flime, 
 and all monies due and to grow due thereon refpe6\ive- 
 ly, unto the faid Willi am Rose, his executors, admi- 
 niftrators, and afllgns for ever, as his and their own 
 proper goods, chattels and eftate, for his and their own 
 proper ufe and behoof. And the better to enable the 
 fiiid William Rose, his executors, adminiftrators, and 
 afiigns, to get in and receive all fum and funis of money- 
 due, and to grow due on the faid recited bonds re- 
 fpeaiyely, fiie the faid Jane Rose, hath made, ordain-
 
 ASSIGNMENT. 15^^ 
 
 ed, conllltuted, and appointed, and by thcfe prcfents 
 doth m:ikc, ordain, conilitutt, and appoint ilic laicl 
 F/iH'unn ltosL\ his executors, adminiilrators, and af- 
 ligns, her true and kmliil attorney and attovnies, in'r- 
 vocatilc in her name, plaice, or Head ; but to and for the 
 proper ufe and behooi" of him the faid William Roscy 
 his executors, adminiitrators, and aHigns, to alT-;, de- 
 mand, and fue for^ recover and receive of and from the 
 laid Samuel Tecl^ fenior, Sainucl Teel, junior, and 
 iLiwcb Kvans refpeclively, their rcfpc^ive hcirs,'e::- 
 ecutors, and admiuiilrators, all and every fum and funis 
 of moixey due and to g-row due from them refpe«S\iveH\ 
 on the laid bonds hertby aiUgned. And upon receipd^ 
 of the fame rcfpe(i'li\ely, or any part of either of them, 
 acquittances, or other fufiicient difcharges in her name, 
 or in his or their own ntime or names, to make and 
 give, and further to do, execute, and perform, all and 
 fvery fuch further and other lawful and reafonable act 
 and acts, thing and things, as ihall be requifite or ne- 
 cefiary for the recovering, obtaining, and getting in aii 
 and every fum and funis of money due and to grow 
 due on the laid bonds hereby aflisrned, or either of 
 them, as fully and effeiSlually, to all intents and pur- 
 pofes, as Ihe the faid Jane Rose, her executors or ad- 
 niiniflrators, might or could do if perfonally prcfent, 
 and thefe piefents had not been made,l]:ie the faid Jtwc 
 Jiose^ hereby ratifying and confirming all and whatfoe- 
 ver the faid JVilliavi R(7^c% his executors, adminiilra^ 
 tors or afiigns, Ihall lawfully do, or caufe to be done, 
 in or about the premifes by virtue of thefe prefents. 
 And the faid Jane Kt/it-for herfelf,her heirs, executors, 
 and adminiib^ators, doth covenant, promife and agree, 
 to and with the faid frUliam IKose^ his executors, ad- 
 miniib-ators and aiTigns, by thcfe prefents, in manner 
 following, that is to lay. That ilie the faid Jane Yiose, 
 hath not received, releafed or difcharged ; and that llie, 
 her executors or adminjftratorb, ihall not, nor will, at
 
 160: A S S I G N M E N t. 
 
 any time or times hereafter, revoke, releafe, or dif-. 
 charge the faicl two bonds hereby afligned or intended 
 to be alligned;, or either of them, or any the monies due 
 and to grow due thereon refpe6tively,or any part there- 
 of, nor any ways revoke, countermand, difannul, make 
 void, or defeat, any power, authority, matter, or thing, 
 herein contained ; nor releafe, difcontinue, difavow, or 
 obftru6l, any a6lion or a61ions, fuit or fuits, or other 
 proceedings which fhall or may be commenced or pro- 
 fecuted by the faid JFilliam Wose^ his executors, ad- 
 minillrators or affigns, by virtue or in purfuance of 
 thefe prefents ; nor do, execute or commit nor permit, 
 or fuffer to be done or executed, any a6l, matter, deed, 
 or thing whatfoever, whereby, or by means whereof, 
 the faid William Rcse^ his executors, adminiftrators, 
 or aiiigns, fliall or may be prevented, retarded, or ob- 
 llrucled in, or from, the executing, performing, and 
 acting, according to any power, authority, matter or 
 thing herein contained ; or in or from the having, rc- 
 i?;ovcring, or receiving of the faid hereby afligned pre- 
 jTiifes or any part thereof. And lallly, that flie the 
 faid Jane Rose^ her executors, or adminiilrators, fhall 
 and will at any time or times hereafter, upon the rea- 
 fonable requeft, and at the proper coils and charges of 
 him the faid IFilliavi Rose^ his executors, adminilb-a- 
 tors orafiigns, do, execute and perform, or caufe to be 
 done, executed and performed, all and every fuch fur- 
 ther and other lawful and reafonable a6l, deed, or 
 thing, afts, deeds, or things whatfoever, forjthe further, 
 better and more perfefting affigning and making over 
 to the faid WiUiam Rose, his executors, adminiftrators 
 and airigns,and enabling him andthemto have,recover, 
 and receive the faid bonds hereby afligned or either of 
 them, and all monies due and to grow due thereon re- 
 fpe6tive1y, as by the faid William Rose^ his executors, 
 ,adminifl:rators, or afligns, or his or their counfel learn- 
 ed m the law, fliall be reafonably devifed or advifed amd
 
 ASSIGNMENT, iOl 
 
 required,. And this indenture further w itncficth, that 
 the iUid Jniliam Rose, lor the coiiliderationb alorclaid, 
 and in purluiince and peilormance oi" the laid agree- 
 ment on his part, hadi remlled, releafed, and for .ever 
 quit chiini, and by thclb prellnts, doth remile, rekaie, 
 and lor ever quit claim unto the laid Janti Rusc^ 
 her heirs, executors, and adniiniilrators, and every of 
 them, all, and all manner of aclion and actions, fuits, 
 profecutions, accounts, reckonings, legacies, bequelV> 
 lum and lams of money, debts, dues, duties, claims and 
 demands whatioever, both at law and in equity or 
 otherwife howfoever, which, againll the laid Jane Rose, 
 either in her own right, or as executrix of the latl will 
 and tellament of the laid Eckvard Rose deceafed, he 
 the laid William Rose now hath, or ever had, or can, 
 or may, at any time or times hereafter have, claim, 
 challenge or demand for or in relpe<;:\ of the afortfaid 
 bequcll of a third part of the reiiflue of the ellate of the 
 faid Edward Rose, deceafed, given to the laid irdliajn 
 Rose, by the will of the faid Edward Rose, or for on 
 account or by reafon or nuans of ai»y other matter, 
 caufe or thing whalfoever, from the beginning of the 
 ■world unto tlieday of the date of thefe prefents. And 
 the faid JFilliam Rose, for the confideration aforelaid, 
 for himfelf, his heirs, executors and adminiilrators.and 
 for every of them, doth covenant, promife, and agree 
 to and M'ith the faid Jane Rose, her executors and ad- 
 miniftrators, by thefe prefents, in manner following, 
 that is to fay, That if it fliall hereafter appear that the 
 faid George Rase, the Ion, was living, at the time of 
 the death of the fiiid teftator, and the faid George Rose, 
 the fon, his executors, admiuillrators, or afligns, Ihail 
 claim or demand of the faid Ja/te Rose, her executors 
 or adminillrators, his, the laid George Rosens Ihare of 
 the orphanage part of the eftatc of the (i\k\ Edward Rose 
 deceafed, that then he the laid JFilliam Rose, hia heirs, 
 executors or adminillrators, lliall ai)d will, w ithin th'fe 
 [21]
 
 562 A S S 1 G N M E N T, 
 
 fpaee of twenty days next after notice to him or ihttci. 
 given in that behalf, well and truly pay, or caufe to be 
 paid unto the faid ^arie Rose^ her executors or admi- 
 iiiflrators, fomuch lawful money of the United States, 
 as the faid annuit}'- and tvro bonds hereby aifigned fliall 
 amount unto more than his, the faid William Hose's 
 ihare of the perfonal eilate of the faid teilator, by virtue 
 of the faid recited will, or odierwife. And alfo, that 
 lie the faid JVilliam Rose^ his heirs, executors and ad- 
 sniniftrators, fliall and will from time to time, and at 
 all times hereafter, fave, defend, keep harmlefs, and 
 indemnified her the faid Jane Rose^ her executors and' 
 adminiilrators, and the eftate of the laid Edward Rose 
 deceafed, of and from all claims and demands that fliall 
 or may be made thereouty by the ehildren of him the 
 faid JFilUam Rose, any or either of them, or any per- 
 fon or perfons claiming or to claim, by, from, or under 
 them, any or either of them, by virtue of the faid recit- 
 ed will or otherwife howfoever ; and of and from all 
 'COils, charges, damages, and expenfes that lliall or may 
 happen, or come to her or them, or the eilate of the 
 faid Edward Rose deceafed, for or by reafon or means 
 thereof, or for or by reafon or means of her having 
 affigned the faid annuity and bonds to the faid William 
 Hose, his executors, adminiftrators, and afligns as 
 aforefaid, or any thing relating thereto. In witnefs, 
 
 Of Monies due upon Account,, 
 
 Know all men by thefe prefents. That I Ahel Bend 
 
 of -, in confideration of the fum of , to me in 
 
 hdnd paid by Caleb Dde^ of- , do hereby aflign and 
 
 fet over unto the faid Caleb Doe^ to his own proper 
 life, without any account to be given for the fame, the 
 ftim of — — ;. and all other itim and fums of money as
 
 A S S I G N INI E N T. 163 
 
 arc remaining due and payable upon or by virtue of 
 the annexed account, and all my right, title, intereft 
 and demand in and to the fame : ^nd do gi\c and 
 grant unto the faid Caleb Doe, full power and authority 
 to demand and receive the fame, to his own ule, and 
 upon receipt thereof to give difcharges for the lame, or 
 any part thereof: And 1 the faid Abel Bctid, do hereby 
 covenant and a^ree to and wiih the liiid Caleb Doe, the 
 
 faid fum of , is jiiltly due and owing, and that I 
 
 have not received or difcharged the fame, or any part 
 thereof. In witneis, ike. 
 
 Of Articles of Agreement for the sale of Goods, by 
 Indorsements 
 
 Know all men by thefe prefents, That I Ann Banksy 
 
 of , adminiilratrix of the within named Caleb 
 
 Banks, late of deceafed, for and in confideratioix 
 
 of the fum of , have granted, bargained, fold and 
 
 idVigned, and by thefe prefents do hereby grant, bar- 
 gain, fell and allign unto the faid Daniel Eaton, of 
 
 , the w ithin written articles of agreement, and all 
 
 and every the goods mentioned in the fchedule there- 
 unto annexed ; and ail or any fums of money to be- 
 come or grow due by or upon any covenant or agree- 
 ment therein contained ; and all right of adlion, ellate, 
 benefit, advantage, claim, and demand whatfoever re- 
 lating thereto, to which thereby or otherwifc, in any 
 manner of wife 1 am entided ; to have, hold, receive, 
 take and enjoy all and fingular the iiiid goods, and all 
 other the premifes, w ith the appurtenances, unto the 
 iaid Daniel Eaton, his executors, adminiilrators and 
 aifigns, to his and their own ufe and ufes, and as his 
 and their own proper goods and chattels from hence- 
 forth for ever, fr(ie and clear of all former and other
 
 lU ASSIGNMENT. 
 
 eftates, debts, charges, and incumbrances \vhatfoever 
 committed, done or iuiiered by me the faidy/;?;; Banks, 
 or the faid Cahb Banks, deceafed, or any other perfou 
 or peribns Avhatfoever : And I the laid Ann Banks, do 
 make, ordain, coinftitut^ and appoint the faid Daniel 
 Jlaton, his executors, adminiftrators and afligns, to be 
 my true and lawful attorney and attornies, to demand, 
 fue for, receive, bold and enjoy all and fmgular the 
 faid premifes before bargained, fold and afligned, by all 
 lawful ways and means whatfoever, and upon receipt of 
 fuch payment to give fufiicient releafe and difcharge 
 thereof. In witnefri, 8ic, 
 
 Of a Debt ivitb power of Attorney, 
 
 Know all men by thefe prefents, that 1 Bion May^ 
 butcher, in confideration of the fum of — '■ — , now juftiy 
 due and owing by me to Walter Fain, of Newton, and 
 for better fecuring the payment of the fame to the fliid 
 JValter Pain, have bargained, fold, afTigned, transfer- 
 red and let over, and by thefe preferits do bargain, fell, 
 alTign, transfer and fet over unto the faid Walter Pain, 
 
 all that debt or fum of , which is now due and 
 
 owing to me from Isaac Humes, of , for goods fold \ 
 
 and delivered by me to the faid Isaac Humes, crc his 
 order, before the day of the date hereof, and all my 
 right, title, intercft, claim and demand, in, and to the 
 faid debt, or fum of — r—, and every or any part there- 
 of, To hold to the faid Walter Pain, his executors, ad- 
 miniRrators and afllgns, from henceforth, to his and 
 their own proper ufe and benefit for ever, neverthelefs 
 under the provjfoand condition hereinafter mentioned. 
 And I do hereby conftitute and appoint the faid JValten 
 Pain, my true and lawful attorney irrevocable, and 
 g^y;ye and grant to lipi^, ^^^ executors, adminiflratprg
 
 ASSIGNMENT. 165 
 
 and afligns, full power and authority, in my name, ancji 
 in the name of my executors atul achiiiniihators, but 
 to the only proper life and behoof of the faid ITaLtcr 
 Pain^ his executors andaclmin;llrators,to afk, demand, 
 liie for, buy, recover, receive, compound, acquit, rc- 
 
 leafe and difcharge, the faid debt or Aim of »- and 
 
 every or any part or parcel thereof, and upon receipt of 
 the lame, or any part thereof, acquittances or other 
 proper difcharges to make, and generally for me and in 
 mv name, or in the name of my executors and admin- 
 illrators, to make, do, perform, and execute, all and 
 every fuch further and other ac\s, m;atters and things, 
 touching and concerning the premlfes, as to the faid 
 If'alterPa'in, his executors or adminiflrators fliall feem 
 requilite ; and that as fully and effechially, to all intents 
 and purpofes, as I myfclf, my executors and adir.ini- 
 llrators could or might have done ; hereby vatif} ing 
 and coiiiirming all and whatever he or they fliall law- 
 fully do, orcaufcto be done, in or about the premifcs. 
 And 1 do hereby covenant and agree to and with the 
 faid JJ'altcr Pain^ his executors and adminiftrators, 
 that 1 have not done or fuffered, and that 1, or my ex- 
 ecutors or adminiflrators, fliall not nor w ill do or udlcr, 
 any aO, matter or thing, \vhereby or by reafon m here- 
 of the faid IFaltcr Pahi, his executors or adminiilra- 
 tors, fliall or may be hindered or prevented from the 
 
 recovering or receiving the faid debt or fum of , 
 
 hereby afligned, or any part thereof, or fuch other fa- 
 tisfaclion as can or may be had or obtained for the 
 fame, by virtue hereof. And further that I, my execu- 
 tors and adminiflrators, fliall and will at all times here- 
 after, at the requell of the \^iiidU\!ltcrPain, his execu- 
 tors, adminiflrators or afligns, make, do, and execute 
 all fuch further and other a6ls and deeds as (liall be 
 realonably required for the proving of the faid debt, 
 and the better and more efleCfually enablmg him or 
 them to recover, veochx and enjoy the fame, according
 
 im A S S I G N M E N T. 
 
 to the true intent and meaning of thcfe prefents. Pro- 
 Tided al\va3s, and ii is hereby agreed, that if I the faid 
 Mion May^ my executors or adminiih-ators, fliall well 
 and truly pay, or caufe to be paid, to the faid IValter 
 Fain^ hib executors, adminiilrators or aingns, the faid 
 
 fum of fo due to him as aforefaid, within three 
 
 calendar months from the date hereof, then this prefent 
 affignment, and every matter and thing herein contain- 
 ed, fhall ceafe, determine, and be void to all intents 
 and purpofes whatfoever. In witnefs, &:c. 
 
 Of a Bill penal. 
 
 Know all men by thefe prefents, that I Ahel Bell, of 
 
 , have borrowed and received of Conrad Doe, of 
 
 -, the full fum o'i fifty dollars, which I do promife 
 
 to pay on the 7?r^/ day of il/r/jy next, with intcrell : 
 And for the better fecuring the re-payment thereof, I 
 do herebv afTio-n and fet over to the faid Conrad Doe, a 
 
 ■J Ci 7 » 
 
 bill penal for two hundred dollars, made by Eaivard 
 
 Fox\ oi , to me the faid Abel Bell, for the pay- 
 
 ment o^ one /j i/ndred doW^rs, on the frst day of Octo- 
 ber next, and all my right, title and interefl therein and 
 thereunto, with full power and authority for him the 
 faid Conrad Doe, to fue for, recover and receive the 
 Same of the faid Edward Fox, to and for the purpofe 
 herein before mentioned. Witnefs my hand and feal 
 this tenth day of No'v ember, Aniio Dom.nii . 
 
 Of a Bo fid. 
 
 This indenture made the — — day of , betv/een 
 
 IViUiam Tezv, of — , of the one part; and Titus 
 
 Amos^ of -^ ', of the other part : Whereas Branch
 
 ASSIGNMENT. 167 
 
 P«g.^, of .John Boal, of , and Aaron Sloan, 
 
 of , by their bond or oblij^ation, under thtir hands 
 
 and fcals, bearhig date the day of , Hand joint- 
 ly and ieverally bound to the faid Wm. TfW,iu the pe- 
 nal funi of ^dollars, with condition thereunder writ- 
 ten, reciting, that whereas the faid Wm. I'eiv, keeper of 
 
 the prifon of the county of • had at the requeil and 
 
 dcfire of the faid Frajic'is Pugh, entertained and ad- 
 mitted him the faid Francis Fu^b^ to be a fervant to 
 him the faid IVilliam Jt"zy, in the place and office of 
 clerk of the keeper of the prifon, during the ^ ill and 
 pleafurcof him the laid JFUUam Ttiiv ; if therefore the 
 laid i^rrt;/cz> Pz/g/6, indemnified the faid William Tcvj^ 
 againft all efcapcs which fliould happen by the ncglc ct, 
 privity, or confent of the faid Francis Fu^b^ or any 
 perfons employed by him, by any prifoner or prifoners- 
 then or thereafter committed unto or left in the cuflcdy 
 of the faid William Tcu\ during the time the faid 
 Francis Piigb^ fliould continue fervant or keeper's 
 clerk asaforcfaid, and from all aOions and fuits which 
 fhould be brought aaainfl the faid William Tew, by 
 reafon of fuch efcapes, and from all damages and de- 
 mands which the faid Willi a?n Tlvj, or his fccurities^ 
 ihould fullain concerning the fame, or any other thing 
 happening by reafon of the non-performance, mis-per- 
 formance, or negligence of the faid Francis Puzb, in 
 his faid oiiice ; and aUo if tlie faid Francis Fugb, at all 
 times thereafter, ihotild make a jufl and true account 
 with, and payment to the faid WilliaJn Tcw^ for all 
 fuch fees, fines, and fums of money to him the fail!' 
 jniliam Tc'W belonging, which he, or any perfon in- 
 trufted by him, fliould receive of any of the prifonersor 
 other perfons in diat behalf, or for which he fliould 
 give credit to any prifoners or other perfons, and alfa 
 If the faid Francis Pz/g/6, iliould pay the faid JFillinm 
 Tc%i\ all fuch fums of money as he or any one intruded 
 by him fliould receive for the ufe of any plaintili' Qt
 
 16S A S S I G N M E N T. 
 
 plaintiffs, at whofe fuit any prifoner then did, or hereaf^ 
 ter Ihould Hand chyrp-( 'I with, in tlie cuftcxv oi the 
 {a'ldlVm. TewMiht faidprifon; andif hetht iaMFra/i' 
 CIS Pugh Ihould faitiiiuiiy perform all oilier icrvices 
 and things uhich to the laid ofiice or place of keeper's 
 clerk and fervantto the faid JFm. Ti^^u;, belonged diir- 
 in"- his continuance in fuch office, the faid obligation 
 was to be void, or elfe to remain in full force and vir- 
 tue, as by the laid bond or obligation, and conditions 
 thereof, relation being thereunto had, will more fully 
 appear. i\nd whereas the il\id Francis Pugb, on the 
 
 __! day of laft, was indebted to the faid F/m. 
 
 TeTj, in'the fum of dollars, for fines and fees re- 
 ceived by him, for the ufe of the faid IFm. Tc-w, as 
 fervant or keeper's clerk, as aforefoid, or otherwife, on 
 account of his faid ofiice, as by an ackitowledgment 
 thereof under the hand of the faid Francis Fugb, bear- 
 ing date the liiid day of laft appears, which 
 
 laid fum of Hill remaining juilly due and ow- 
 
 ingfrcm the mid Francis Piigl\ to the faid IFm. Tero : 
 Now this indenture Vvitneifeth, that the faid JF?n. Tew, 
 
 for and in couiideration of the fum of dollars, to 
 
 him in hand paid, by the faid Titus Jmos, at or before 
 the fealing and delivery of thefe prefents, the receipt 
 whereof he the laid /r//7. Tew, doth hereby acknowl- 
 edge, and thereof, andofeverypart thereof, doth acquit, 
 refeafe, and difcharge the faid Titus Amos, his execu- 
 tors, adminiilrators and affigns, and every of them, by 
 thefe prefents, hath afligned, transferred, and fet over, 
 and bv thefe prefents doth aflign, transfer, and fet over 
 unto the faid T7/Z/5 Amos, hisexecutors, adminlftrators, 
 and alTigi^s, as well the faid recited bond or obligation, 
 
 asthefaidfuni of dollars, fo due and owing from 
 
 the fiiid Francis Pugh, to the faid JFni. Tew as afore- 
 faid, and all his eftate, right, tide, intereil, claim and 
 demand whatfoever, of, in, or to the foid premifes here- 
 by alTigned, and every part thereof. To have and to
 
 ASSIGNMEN T. ie^ 
 
 hold as well the faid recited bond or obligation as the 
 
 raidrum oi' i'ochic and owing irom the i'uid Francis 
 
 i^iigb^ to tlie faid Pl'ln. Tc-iu, a^afordaid, unio tiic laid 
 Tinis Amos, his e^eciUors, adniiniilrators, and alVigns, 
 to his and their own ul'c ; and lor the conlideralion a- 
 forelaid, he the laid ^Fm. Tciv, hath made, ordained, 
 conllitiited and i\i)i)ointed, and by thcle prefents dolh 
 make, ordain, conilitute and aj)point, the faid 7'itus 
 ,imos, his executors, adminilhalors, and ufiigns, his 
 true and lawful attorney and attornies irrevoeable, in 
 the name of him the faid Pfm. Tt-w^ or in his or their 
 own name or names^ but to and for the fole proper uiw 
 and behoof of him the faid l^'iius Amos^ his executors, 
 adniiniilrators and aillgns, to aflv, demand, fue for, re- 
 cover and receive, of, and from the faid Francis Piigb„ 
 John Boat and .laron Sloan, any or either of them^ 
 their, any or either of their heirs, executors or admini- 
 Ib-ators, the faid hereby alugned premifes, and every 
 part thereof, and upon receipt thereof, or of any part 
 thereof, acquittances or other difcharges, in the name 
 of him the faid JP'ni. Text}, or in his or tlieir own name 
 or names, to make, feal and deliver, and for non-pay- 
 ment thereof, to arrell, imprifou, implead and out of 
 prifon to deliver the Hiid Francis Pugk, John Boal^ 
 '.\\\Ci Aaron Sloan, or any or cither of them, their, any 
 or either of their heirs, executors, or adminillrators, 
 and td agree and compound for the fame as fluill feem 
 requifite to him the faid Titus Amos, his executors, ad- 
 miniftrators, or aili.gns, giving aiul hereby granting un- 
 to his laid attorney, full power to acl and do, in the 
 j)remifcs, as fully to all intents and purpofes as he the 
 faid IVm. yViu, might or could do, if thefe prcients had 
 not been made : And the faid IVm. Td%v, for himfelf, 
 his executors, adminiftrators and aiiigns, doth cove- 
 nant, promife and agree, to and with the faid Titus A- 
 mos, his executors, adminillrators and afiigns, bv thcfe 
 prefcnts, that the faid bond or obligaiiou now llauds. in 
 
 [ 2:2 ]
 
 170 ASSIGNMENT. 
 
 fail force and virtue, and that he the {c\id JFm. TcWy 
 liath not done, nor hereafter fliall or will do any att, 
 matter or thing ^v hatfoever, Avhereby to releafe or dif- 
 charge the faid bond or obligation, or the faid fiim of 
 
 dohars, hereby alTigned, or any part thereof, nor 
 
 revoke the power and authority hereby given, or ob- 
 itrucl, or hinder the faid Titus Amos^ his executors, 
 adminilh'ators or affigns, in recovering, receiving and 
 getting in the fame, but lliall and will permit andfuffer 
 the fliid Titns Amos^ his executors, adminiftrators or 
 affigns, peaceably and quietly to recover and receive 
 the faid affigned premifes, to his and their own ufe and 
 ufes, hereby ratifying and confirming all and whatfoe- 
 ver the faid Titus Avios^ his executors, adminiftrators 
 or aifigns, fliall lawfully do, or caufe to be done, in or 
 about the execution of thcfe premifes, by virtue of thefe 
 prefents|: And further, that hethe faid,^772. 7>w,hisexe- 
 cutors, adminillrators and affigns, fliall and vvill, from 
 time to time, and at all times hereafter, at the requeft, 
 colls and charges of the {-ciidiTitusAmos, his executors, 
 tidminiftrators or affigns, make, do and execute fuch 
 further and other alfurances in the law, for the better 
 nffigning the faid premifes, and enabling him the faid 
 Titus Amos ^ his t^tcwiors, adminillrators, or afligns, 
 to recover, receive, and get in the fame, as he or they^ 
 orhis ortheir counfcl, fhall reafonably devife, or ad- 
 vife and require : And the faid Thus Amos, for him- 
 felf, his executors, adminillrators and affigns, doth co- 
 venant, promife and agree, to and with the faid lF7n. 
 Tew, his executors, adminillrators and affigns, by thefe 
 prefents, that he the faid Titus Amos, his executors, 
 adminiftrators and affigns, fomc or one of them, fliall 
 snd will from time to time and at all times hereafter^ 
 well and fufficiently ffive, deiend, keep harmlefs, and 
 jndemnifythe faid/Fw/. Tr-iv, his heirs, executors and 
 adminillrators, and his and their goods and chattels, 
 lands and tenements, of, &om, and agaii^fl all coils ; da^
 
 ASSIGNMENT. ITI. 
 
 mages, and expeiires that Iliall happen to come to him 
 or Them, for or by rcalbii ormcans of any adlion or ac- 
 tions, fait or fuits, or other procijcdings whatfocvcr, to 
 be had, made, brought or profccutcd in the name of 
 the faid JTm. Tc-iv, his executors or adminiilrators, 
 by virtue of any power or authority herein or hereby 
 given. In witnefs, Sec. 
 
 JF'rof?! the Assignees of a Bankrupt to the Bankrupt,^ of 
 ^z Leasehold Estate, and all Monies, Vc. remaining 
 unsold and unappropriated, after alibis Debts paid^ 
 and the CommiJJion superseded. 
 
 This indenture, made the day of , between 
 
 John Play, of , Edward Ames, of , and Jajues 
 
 Earl, of , of the one part ; im<\ Ralph Atkins, of 
 
 the other part : Whereas a commiflion of bankruptcy 
 was awarded againll the faid Ralph Atkins, dire6led 
 to Roger Old, esq. John Cone, and John Alas on, gen- 
 tlemen, lo^tlhti with Samuel Adams, esq. and James: 
 JMuncy, gentleman, thereby givino; full power and au- 
 thority unto them the faid commiiftoners, four or three 
 of them, whereof the [did Rosier Old, or Samuel Adams y 
 M-as to be one to execute the fame. And whereas the 
 faid Roger Old, John Cone and fohn Ufasan^ being 
 the major part of the commlfiioners in the faid com- 
 flfinion, named and authorifed in execution of the faid 
 commiflion, by their indenture of aflignment bearing 
 date the day of , for the confiderations there- 
 in mentioned, did order, bargain, fell, aflign, and fet 
 over, unto the faid John Hay, Edward Ames, and 
 James Earl, their executors, adminiftratorsand afligns, 
 a meffuagc or tenement, with the appurtenances, hol- 
 den by Icafe for a term of years then and yet enduring, 
 divers fums of money, plate, jewels, and fe^•cri\l forts of
 
 m A S S I G N INI E N T. 
 
 Jioiifehold goods, and implements of houfchold, aric^ 
 divers debts, finu and Turns of money due, o\\'ing anc^ 
 belonging to the i^-dld J^a/p/j yUkij7s, ir« the fcbedule 
 thereunto annexed, mentioned, and all other debts, 
 fum and fums of money, goods, and other commodities, 
 in the hands, cullodj^'or pofiefiion of any perfon in the 
 I'chedule theieto annexed mentioned, or of any other 
 perfon or perfons, or which at any time thereafter 
 Hiould, or might become due oi- ov.ing to the faidi 
 I^alpb Jtkins, or h.is eilate, by any ]:eifon or peifons 
 whatfoever, and all fecurities had or taken for the fame t 
 To hold unto them, their executors, adminiilrators and 
 affigns, in trull neverthelefs, to and for the life and be- 
 nefit of them the i'dkl John Hay^ Edward Ames ^ and 
 James Earl^ and all fuch other creditors of the fald 
 Ralph Atkins^ who then had, or thereafter in due time, 
 iliould come in and feek relief by virtue of the faid 
 comm'ilTion, and contribute towards the charges there- 
 of, and to and for no other ufe, intent, or purpofe what- 
 ibever, as in and by the faid recited indenture, relation 
 being thereunto had more fully may appear. And 
 whereas the fidd ailignees, by and out of the eftate and 
 elTecls of the iliid Ralph Atkins fo affigned as afore- 
 faid, have made full fatisfa(?tlon unto themfelves, and 
 all and every other the creditors of the faid Ralph At- 
 kins^ who paid their contribution money, and came 
 in and fought relief by virtue of the faid commifaon ; 
 and ihey the fiiid affignecs, parties to ihefe prcfents, 
 and the faid other creditors, by their deed-poll, undfer 
 
 their refpe^tive hands and feals bearing date the 
 
 day of , for the confideration therein, for them- 
 felves feverally, and for thofe for whom they did fub- 
 fcribe, their feveral and refpe6livc executors, adminif- 
 trators, partners, and affigns, did acquit, releafc, and 
 difcharge, the faid Ralph Atkins, his heirs, executors, 
 and adminiftrators, and his and their goods and chat- 
 tels, lands ag^d tenements; of. frqni and agaiiiil all and aU
 
 ASSIGNMENT. 17^ 
 
 manner of a6\ion and a6\ions, caufc and caufcs of ac- 
 tion, fuits, bills, bonds, accounts, debts, dues, claims^ 
 and demands whaifocver, cither in law or ccjuity, from 
 the beginning of the world unto tlie i-f^-iTW/Zj day of r/z/g?/i^f 
 then lalt, and did thereby confcnt and agixe, that the- 
 i'aidconimiflion of bankruptcy might be ruperccded, 
 vacated, and made void, as in and by the faid dced-poU 
 of rcleafe, relation being thereunto had may appear. 
 And whereas the faid mefluage or tenement, and Icafe, 
 and divers other parts of the clhitc of the faid Ralph 
 Atkins remain undifpofed of, and ilveral debts, liim 
 and fums of money, late due and owing unto him and 
 his eftate arc Hill {landing out and luireceived. Now 
 this indenture v.itnelleth, that the faid Jobn Hay, Ed* 
 I'Mjrd dnu'S; m-)d t/avics Ear!., as \\ ell for the confide- 
 rations aforcfaid, as for and in coniideratiO]i of the fum 
 of one dollar a-picce lo them fcverally in hand, 
 at and before the cnfeiiling and delivery ofthefe pre - 
 fcnts, by the {aA Ralph A thins ., wtW and truly paid, 
 the receipt whereof they do hereby feverully acknow-' 
 ledge, and thereof and of every part thereof, ncqnit and 
 difeharge the faid Ralph Atkins, his executors, ad- 
 miniftrators, and afligns, have and each of them hath 
 granted, afligned, transferred, and ill over, and by thefe 
 prefents do, and each of them doth, grant, afiign, tranf- 
 fer, and fet over, unto the faid Ralph Afki?is, his exe- 
 cutors, adminiftrators, and fifligns, as A\cn the laid 
 melfuagc, or tenement, and premifes, vvilh their ap- 
 ])urtcnances ; and all the eftate, right, title, and inte- 
 rell of them, the faid John Hay, Edward Aines^ imd 
 James Earl, as alfo the indenture of leafe by which 
 the fiiid premifes are holdcn ; and all and every funi 
 and fums of money, goods, houfliold fluff, plate, linen, 
 jewels, rings, and other goods and things, and all debts, 
 fum and fums of money, late part of the eflate of the 
 faid Ralph Atkins ; and Vvhcreto or \vhcrein they or 
 cither of them was, or were any v.-n}-s intitlcd unto^ cf
 
 174, A S S I G N M E N T. 
 
 iiitcreflcd in, by virtue of the fuid recited indenture of 
 afiignment, or otherwiie howfoever, and which now 
 remain undirpoied of, or are Hill ftanduigout, due or 
 owing, with their and every of their appurtenances, 
 and all the right, title, intereil, term and terms of ^^ars 
 yet to come and unexpired, claim and demand vvhatfo- 
 ever, of them the faid Jobn Hay^ Edvjard Amcs^ and 
 James Earl^ any or either of them, to have and to hold 
 the faid melTuage or tenement and premifes, with 
 their appurtenances, and the indenture of leafe by 
 which the fame is holden unto the faid Ralph AtkinSy 
 liis executors, adminiflrators, and ailigns, for and dur- 
 ing all the reft and refidue of the term of years by the 
 faid Icafe granted and therein yet to coine and unex- 
 pired : And to have, hold, ail;, demand, fue for, re- 
 cover, receive, and enjoy, all and Angular the faid de1)ts, 
 funi and fums of money now Handing out, due and 
 ouing : and all and lingular the goods, houfliold ftuff, 
 plate, jevv'elr,, rings, and other the premifes before by 
 thefe prcfents affigned and fet over, or mentioned, and 
 intended to be affigned and fet over unto the faid Ralph 
 Atkins^ his executors, adrriiniftrators, and afiigns, to 
 the only proper ufe and behoof of him the faid Ralph 
 Atkins^ his executors, adminiftrators, and affigns, 
 without any account to be given for the fame. And 
 this indenture further witneifeth, that the faid Ralph 
 Atkins for the confiderations aforefaid, hath acquitted, 
 releafed, and difcharged, and by thefe prefents doth ac- 
 quit, reieafe and difcharge the faid [jobn Ilay^ Edivard 
 Ames, and James Earl^ their executors, and adminif- 
 trators, and every of them, of and from all a61:ions, fuits, 
 accounts, claims and demands whatfoever, both at law 
 and in equity, for touching or concerning only the fur- 
 plus of the faid ellate, or relating thereto, or for, or by 
 v-eafon of their or any of their intermeddling therein. 
 And the faid Ralph Atkins, for himfelf, his executors, 
 adminiftrators ar,d aiTigns, doth covenant, promife,
 
 ASSIGNMENT. 17^ 
 
 grant and agree to and with the fuid John Hny^ Ed- 
 ward yJmes^ and Jajucs Earl^ Icverally and rclpc6\ive- 
 ly, and to and ^\ith every of them, by thele ivitlcnts, 
 that he, the laid lialph Atkins^ his cxewitors and ael- 
 miniftrators, (hall, and will, IVom time to time, and at 
 all times hereafter, well and fuflieiently fave, defend^ 
 keep harmlefs, and indemnified them, the laid 'John 
 Jlay^ Edward Amcs^ and James Earl^ and every of 
 them, their and every of their heirs, executors and ad- 
 miniltrators, and his and their i2;oods and chattels, lands 
 and tenements, of and from all future claims and de- 
 mands, that Ihall or may be made or claimed by or out 
 of the laid eftate, or from them the faid John Hay^ 
 Edward .hue::, and James Enrl^ as afiignecs thereof 
 as aforefaid ; and of, from, and againll all and all man- 
 ner of a6Vion and actions, i'uits, arrel^s, troubles, coils^ 
 charLj^es, damages, andexpenfcs whatlcever, which they 
 the faid John Hay^ Edward Ames, and James Earl, or 
 anycf them, their or any of their executors or adminillra- 
 tors fliall or may fullain or be put imto,or which fliall or 
 may happen to them, or any of them, for or by reafoji 
 of their and every of their lawful intermeddling in the 
 faid commilllon,or becomin<r aruo:nees of the faid ellate, 
 or for or by reafon of this prefent deed of afllgnment* 
 or any matter or thing relating thereto. In witnefs, 8s.c. 
 
 A transfer of a Mortgage, 
 This indenture tripartite, made the day of 
 
 between Susannah Beel, of , spinster, and ]\I<ir- 
 
 garet Bcel,oH\\c fame place, spinster, lifter of the faid* 
 
 Susannah Beel, of the firft part ; Vincent Vine, of , 
 
 i\\y^\ Jane \\\s wi^c.^hiX^ Jane Row, widow, the filler, 
 heir at law, and devifee named in and by the laft will 
 and tellamcnt o{ Richard Ghn^ hteof-; , dcceafedy.
 
 11$ ASSJGNMEN.Tv 
 
 <!>f the fecond part ; and iniiiajn Mare, of , of th(5 
 
 third part: Whereas b}^ indentures of leafe and re- 
 leafe, bearing date refpeclivcly^the leafe the thirteenth^ 
 and the releaie the fourteenth days of March, Mhich 
 'wa.s in the year of our Lord , and made or men- 
 tioned to be made betM een the faid Richard Glyn, of 
 the one part, and the faid Liusawiah Beet and Alarj^a- 
 retBeeI,(A\he. other part, in confideration of — dolhirs, 
 paid to the faid Richard Gly/i, by the faid Susannah 
 £eelsind Marg.aret Bed, he the faid Richard Glyn did 
 grant,bargain,feU,ahen,releaie,and confirm, and thereby 
 pais & convey unto the faid Susannah Bed and Marga- 
 ret Beel,2L\\(\ to their heirs and affigns, all that meiluage 
 or tenement, farm and lands, &c. To hold unto, and to ■ 
 the ufe of the laid Susannah Beel, and Margaret Beel^ 
 their heirs and adigns, by Avay of mortgage, and fubject 
 to a provifo and agreement in the faid indenture of re- 
 Icafe, contained for reconveyance of the faid thereby 
 mortgaged premifes, with the appurtenances, on pay- 
 ment by the laid Richard Glyn, his heirs, executors, 
 
 Jidminiftrators or aiTigns, of the fum of , (being in 
 
 difcharge of the principal of fuch dollars, as a- 
 
 forefoid, with one year's intereftfor the fame) unto the. 
 faid Susannah Beel and Margaret Bed, their execu- 
 tors, adminiflrators, or aifigns, at the times, and in 
 manner therein mentioned : i\nd whereas by indenture 
 bearing date x\\t fourteenth day of March, wliich was 
 in the year of our Lord — — , and made or mentioned 
 to be made between the faid Richard Glyn of the one 
 ])art, and the faid Susannah Bed and Margaret Beel, 
 of the other part ; after reciting or taking notice of the 
 faid indentures of leafe and releafe, by way of mort- 
 gage, and for fecuring fuch dollars and interefl;, 
 
 as aforefaid, and alfo taking notice of an arrear of inte- 
 refl, having 'incurred on fuch — ^ — dollars, belldes 
 fome other charges in the faid now reciting indenture 
 mentioned, to the amount logeiher of — — , which not
 
 ASSIGNMENT, 177 
 
 Suiting the convenience of the l\iid Richard Glyti^ then 
 to latisfy, he was dcfirous, and the iUid Susamiab Heel 
 and Margaret BceU conlentcd that the fame lliould be 
 made principal, and added to the faid fum of — dol- 
 lars, which made together the fum of — — dollars, or 
 reciting or taking notice to that or the like efFe6\ ; it 
 was witnclfcd by liich now reciting indenture, that the 
 faid Richard Glyn, did for himfclf, his heirs, execu- 
 tors and adminillrators, covenant and agree with the 
 faid Susannah Reel and JMargaret Reel^ their heirs, 
 executors and adminittrators, that the faid feveral pre- 
 mifcs comprifed in the faid indentures of leafe and re- 
 leafe, and thereby mortgaged in fee, by the faid Rich- 
 ard Glyn^ to the faid Susannah Reel and Margaret 
 BeeU as aforefaid, fhould from thenceforth Hand and 
 be a fecurity to them for the faid fum. of — — dollars, 
 which fliould from thenceforth be confiderciil all as 
 principal money, and accordingly carry intereft, after 
 the rate of fix per centum per annum, or fuch now re- 
 citing leafe was, or purported to be to that or the like 
 effe6l, and by way of further and additional charge of 
 
 the faid fum of dollars and intereft, upon the fi\id 
 
 mortgaged premifes with the appurtenances : And 
 whereas all intereft accrued, due on the faid fum of 
 
 dollars, principal money, fofecuredas aforefaid, 
 
 to the day of the dateof thcfe prefents, hath been fully 
 paid and fatlsfied by the laid Vincent Vine and Jane his 
 wife, to the faid Susannah Reel and Alargarct Reel, 
 which they do hereby acknowledge, wherefore there 
 now remains due to them on the faid fecurity, only 
 the faid principal fum of dollars : Now this in- 
 denture witnelfeth, that for and in confideration of the 
 fum of — dollars, by the faid IVm.More, in hand, well 
 and truly paid to the faid Susannah Reel ^w(\ Margaret 
 ^a'/,ator immediately before the fealingand delivery of 
 thefe prefents (by and with the privity and confent of the 
 MdVi?iccntPlnesiiidJane his wifcjteiliified bv their fcve- 
 [23]
 
 :I7S ASSIGNMENT- 
 
 TdViy being parties to and refpe6\ivelyfeai'ing and deliver- 
 ing of thefe pre{ents)iu full of all money in any refpect 
 due, owing or payable upon the faid recited fccuritics, 
 
 the receipt of which fum of dollars,thclaidiS//j'rtn- 
 
 nab lict'l o.nd Margaret Bed, do hereby acknowledge, 
 and, of, and from the fame and every part thereof, do 
 liertby rtfijc6lively acquit, releafe, and for ever dif- 
 charge the faid //0;2. More, his heirs, executors, ad- 
 aniniftrators and afiigns, they the faid Susannah Bed 
 iind Margaret Bed (by and a\ ith fuch privity and con- 
 jent fo teilified as aforefaid,) have, and each of them 
 iiath bargained, fold, releafed and confirmed, and by 
 thefe prefentsdo, and each of them doth bargain, fell, 
 ieleafe, and confirm unto the faid JP^m.'More, (in his 
 actual polTeflion now being by virtue of a bargain and 
 fale to him thereof made by the laid Susannah Beel 
 imd Margaret Beel, in conii deration o^ one dollar, by 
 indenture bearing date the day next before the day of 
 the date of thefe preients for one whole year, commenc- 
 ing from the day next before tl^e day of the date of the 
 fame indenture, and by force of the Iiatute for transfer- 
 ring ufes intopo{relIlon,)andtohisheirsand afligns: All 
 thatthe laid meiTuagesortenements, and farms, and thefe- 
 ■veral lands, arable, meadow, and pafture, and other the 
 hereditaments and premjfes comprifed in the faid in- 
 dentures of leafe and releafe, and thereby mortgaged 
 2n fee by the faid JUchard Glyn, unto the faid Susan- 
 nab Beel and Margaret Beel, and afterwards the fiiid 
 
 indenture of the fourteenth of March , fo further 
 
 charged refpcctively as aforefaid, with the appurtenan- 
 ces ; and the reveriion and reverfions, remainder and 
 rem/ainders, of all and lingular the faid feveral premi- 
 fes yearly, and other rents, iiTues and profits thereof, 
 and all the eilate, right, title, freehold, inheritance, in- 
 terell, ufe, truft, poffclTion, property, claim and demand 
 v'hatfoever of the faid Susannah Bed and Margaret 
 Beel, or either of them, of, in, or out of fuch fe- 
 Tsral premifes, or, of, in,, to or oijt of any part or
 
 ASSIGNMENT. 179 
 
 parcel thereof, together \\ilh the faid feveral recited 
 indentures, and all beiieiit and advantage thereof. To 
 have and to hold the laid rrieiiViagc or tenement, iarm, 
 lands, tenements, hereditamentb and premiieb hercl^y 
 granted, bargained, fold, reieaied,andconfirmed, or luen- 
 tioned, or intended ibt'obe,\\ idi their arid every of their 
 appurtenances unto the laid IVm. il/(9rt',his heirs andal- 
 figns X Sabjccl nevertlielefs to inch power and ec^uity 
 oi' redemption, as is now lubiilling, of or concerning 
 the fame premifes refpc£\ively : And the fuid *S'z/5i^z72- 
 7iab J^ce/-dnd Margaret JJec/^ each of them feparately 
 and apart for herf:;lf, her heirs, executors and admmi- 
 llrators, acls and deeds only, and not jointly one for the 
 other, or for the heirs, executors and adminiHrators 
 a^s or deeds of the other of them, do feverally cove- 
 nant and declare, toand\'ith the faid IFni. More, his 
 heirs and afiigns by thcfe prefents, that they the faid 
 Susannah Bed and Marg-irct BceU refpe6\ively, hath 
 not at any time heretofore, made, done, or conmiitted, 
 or wittingly or willingly, iufiercd to be done or com- 
 mitlcd any aft, matter or thing whatfoever, whereby 
 or by means whereof the faid hereby releafed premiles, 
 ^vith the appurtenances, or any part thereof, is, arc, 
 can, fliall, or may 1)C in any wife impeached, charged, 
 or incumbered, in title, eflate, or otherwife howfaever. 
 In witncfs, &c. 
 
 Of a Bmd as a collateral Security. 
 
 This indenture made the day of , between 
 
 Caleb King^ of , of the one part ; and Tniliam 
 
 JFatkins^ of , of the other part : Whereas Rich- 
 ard Giles, of , in and by one bond or obligation, 
 
 bearing date the day of , which was in the 
 
 3'ear of our Lord , became bound to the faid Ca- 
 
 ieb Kin^^ in the fum of — •— , conditioned for the pay-
 
 lao ASSIGNMENT. 
 
 ment of , on the ■ day of , which was 
 
 in the year of our Lord , with lawful intcrcft for 
 
 the fiime : And whereas the faid Caleb Kin^^ in and 
 
 by his bond or obligation bearing date the day 
 
 of laftpall, became bound to the faid JFm. JVat- 
 
 kins^ in dollars, conditioned for the payment of 
 
 the fum of -. , on the day of now next 
 
 enfuing, with lawful intercft for the fame, and the faid 
 Caleb Kin^^ alfo in and by his other bond or oblij^a-t 
 tion, bearing even date herewith, became bound to the 
 
 faid Wm. JFatkins^ in another fum of dollars, 
 
 conditioned for the payment of the further fum of ■ 
 
 dollars, on the faid day of nov^ next enfu- 
 ing, with lawful intereft for the fame, and the faid C^- 
 /^^ A7;2g, for the further and better fecu ring the pay- 
 ment of the faid feveral funis of — -^ dollars, and — -— 
 
 dollars, (making together the principal fum of ~ 
 
 dollars) with intereft for the fame refpectively, accord- 
 ing to the conditions of the faid two feveral lall in part 
 recited bonds or obligations, hath propofed and agreed 
 to transfer and affign over, to the faid JVm. JVathns^Y 
 wayjof additional and collateral fecurity,the faid herein 
 before recited bond or obligation^fo entered into by the 
 {■Aid Richard Giles ^ to the faid Caleb JT/'/zg as afore - 
 faid, and the principal money and intereft due thereon, 
 or fecured, or recoverable thereby, or by means 
 thereof, in manner herein after mentioned : Now this 
 indenture witnefTeth, that the faid Caleb Kin^^ for the 
 confiderations aforefaid, and alfo in confideration of 
 the fum of o;z^ dollar, of lawful money oithQ Unit- 
 ed States, to him in hand paid by the faid JVin. Wat- 
 kins, at or before the enfealing and delivery of thefe 
 prefents, the receipt whereof is hereby acknowledged ; 
 hath bargained, affigned, transferred, and fet over, and 
 by thefe prefents, doth bargain, affign, transfer, and fet 
 over unto "the faid Wm^ JVatkins, his e^^ecviters, ad-
 
 ASSIGNMENT. 182. 
 
 miniflrators, and afligns, the faid herein before recit- 
 ^ed bond or obligation, lb given and entered in by the 
 laid Richard Gi/cs, to the laid Caleb K'uig as afore- 
 faid, and all his the laid Caleb King's intercllj therein^ 
 and all the benefit and advantage thereof, and all fum 
 antl fums of money, principal money and intcreft, lb . 
 cured or recoverable thereupon, or by means thereof, 
 and which is or are now due and owing, or which 
 fliall or may hereafter grow due thereon, and all pow- 
 ers and remedies which he the faid Caleb King hath, 
 or ever had for the recovery of the fame : To have, 
 hold, receive and take all and lingular the premifes 
 hereby alligned, or intended lb to be, and the whole 
 benefit and advantage thereof, and all monies ariling 
 therefrom, unto the laid JTm. JFatkiiis, his executors, 
 adminiftrators and afligns, to, and for his and their own 
 proper ufe and benefit : And the faid CV/Zti^ A77/g, for 
 the confideration aforefaid, hath made, ordained, con- 
 ilituted, and appointed, and by thefe prefents doth 
 make, ordain, conllitute and appoint the faid //w. 
 fVatkins^ his executors or adminillrators, his the faid 
 Caleb Alng's true and lawful attorney and attornie^, 
 irrevocable, giving to him and them full power and au- 
 thority, in the name or names of him the faid Caleb 
 Ki7}g^his execuiors or adminillrators, to aflv, demand, 
 fue for, recover, levy, and receive all and every fum. 
 and fums of money now due and owing, for principal 
 and mtereft on the faid bond or obligation hereby af- 
 figned or mentioned, or intended fo to be, or that iball 
 or may hereafter grow or accrue due thereon, to and 
 for the fole ufe and beneilt of him the faid /rm. JFat- 
 kijis-, his executors, adminillrators and alfigns, in fuch 
 manner, and by fuch procefs and lawful means as he 
 rhe faid IF?!!. IFatkins^ his executors, adminillrators 
 or alligns, or any of them Iball be advifed and think 
 proper, and upon receipt thereof, or upon fatisfaclio©
 
 IB2 ASSIGNMENT. 
 
 being given to the fliid JP^'m. fFatJdns^ for the liime, in 
 fcl^d name of the laid Caleb King^ his executors, or/ 
 ti^dminiftratorii, or any of them, or in the name or names 
 ofhira the faid JFm. JFatkins, his executors, admini- 
 itrators or alligns, to releafeaiid difcharge the faid Rich- 
 ard Gilcs^ his heirs, executors and adminiftrators from 
 the fame, and further, to do and perform all and every 
 other lawful ae\ and a<!^ls, thing and thmgs, neceiTary 
 and expedient to be doR€, for the recovering, obtaining^ 
 getting m, receiving, or difcharging the monies due 
 and payable, or tliat lliall hereafter grow due and pay. 
 able on the faid hereby affigned bond or obligation, as 
 to the faid //"It?, //^izf/jz/z^, his executors, adminiilrators 
 or alTigns, ihall be thought advifeable and expedient, 
 xincl one or more attorney or attornies under him or 
 them, for the purjiofes aforelaid, to confutute and ap- 
 poi'ii, and again at his or their pleafure to revoke : A\\(\ 
 the faid Caleb King ^ forhimfelf, his heirs, executory, 
 and adminiilrators, doth hereby covenant, proinife, and 
 agree, to and with the faid JFm. JFatkins^ his execu- 
 tors, adminiftrators, and affigns, that he the faid Caleb 
 JuT?^, hath not at any time heretofore done or com- 
 mitted, nor fliall or will at any time hereafter, do or 
 commit any a£t, matter, or thing whatfoever, whereby 
 or by means Mhereof the faid hereby affigned bond or 
 obligation, or the money fecurcd thereby, or any part 
 thereof, or any procefs, proceedings, fuit, judgment, 
 or v/rit of execution whatfoever, that fliall or may be 
 had, taken, commenced, or profecuted thereon m'pur- 
 fuance of thcfe prefents, or any power or authority 
 hereby given or granted, is, are, fiiall or may be in any 
 wife releafed, impeached, or difcharged, aiTigned, re- 
 voked, hindered, or avoided, but fliall and will from 
 linrte to time, and at all times, avow and own, ratify and 
 confirm, all fuch matters and things, Vvrits, procefs, 
 executions, and proceedings as he the faid IFm. JFat- 
 klns^ his executors, adminiftrators, or afligns, or any
 
 ASSIGNMENT. is;; 
 
 other pcrfon orpcrfons l)y his or their procurement cnr 
 direction Ihall in purluaiKe of thclc prefcnts, do, com- 
 rrience, brini^, or profccute,upoii or by rcafon or means 
 of the faicl bond or obligation, and preniifes liereby ai- 
 ii.^ned, in any ^\ ife : Provided always, and it is here- 
 by agreed, by and between tlie laid parties to ihtfe 
 prefcnts, that if the fliid Caleb K'u:g, his heirs, exceu- 
 . tors, or adniiniib ators, or any of ihcni, do and Ihalt 
 "well and tridy pay, or eaule to be paid unto the fuid. 
 JVm. IVatkins, his executors, adminilli-ators,or afhgns, 
 
 the fiikl fcveral and refpe(I\ive principal fums of 
 
 dollars, and dollars of lawful money of the United- 
 
 ^'tatcs.w ixh lawful intercll for thefame reipeCiively,ator 
 upon theday appointed forihepa^mentthereof,ii\ andby 
 the faid two fcveral herein before mentioned ccHiditions 
 of the faid recited bonds or obligations fo entered into, 
 and given by the faid Caleb King, to the laid l^m. IFat- 
 kins as aforefaid, and according to the true intent ancf 
 meaning of the fame rcfpeflively, then this prcfer.t in- 
 denture, and every matter, claufe, and thnig herein 
 contained, fliall immediately from thenceforth ceail% 
 determine, and be abfolulely void, to all intents and 
 purpofes whatfoever, any thing herein before contain- 
 ed to the contrarv thereof in any wife notwithllanding. 
 In witncfs, Sec. 
 
 Of a Lense hi consideration of being discharged from 
 Arrears of Rent. 
 
 To all to whom thcfc prefcnts fiiall come, the with- 
 in nanied John Ilavgh fendeth greeting. Whereas 
 there is one year and a quarter's rent due from the faid 
 John IJaugb to the within named Ibciety of the city of 
 
 Fhiladclljhia, on the day of laft, for tlie 
 
 within dLnnifcO premifcS; which uniounts to the fum of
 
 184 ASSIGNMENT. 
 
 . - dollars : x^nd whereas the faid Jobn Haiigh hath 
 
 agreed to afiign the faid premiles, and all his ellate and 
 intereft therein, together with all arrears of rent now' 
 due to him from his under-tenants unto Richard Den- 
 nison^ of , gentleman ; in conhderation of his un- 
 dertaking to difcharge the faid arrears of rent due from 
 him the laid John Haugh to the l\iid fociety. Now 
 witnefs thefe prefents, that the faid John Haugh^ in 
 purfuance of the faid agreement, and for and in conhde- 
 ration of the fum of dollars of lawful money of 
 
 the United States, to him in hand paid» by the faid 
 Richard Bcnnison, at or before the fealing and delivery 
 of thefe prefents,the receipt whereof is hereby acknow- 
 ledged, hath granted, bargained, fold, affigned, trans* 
 ferred, and let over, and by rhefe prefents doth grant, 
 bargain, fell, aflign, transfer and let over unto the faid 
 Richard Bcnnison, all that, the piece or parcel^ of 
 ground, wharf, meffuage, or tenement, ftables, ware- 
 houfes, ciountin8:-houie, buildings, and all and fmgular, 
 other the premifes in and by the within written inden- 
 ture of leafe demifed, or intended to be demifed to the 
 •within named John Hau%h,w\i\\ their and every of 
 their appurtenances ; and all the ellate, right, title, in- 
 tereft, term of years yet to come and unexpired ; pro- 
 perty,'claim and demand whatfoever, of him the foid 
 John Hau^h, of, in, and to, or out of the fame pre- 
 juifes, and every or any part thereof, together with the 
 iaid indenture of leafe, and counter parts of leafes to 
 his feveral under-tenants, and all arrears of rent, and 
 fum and funis of money due and owing to the faid John 
 Hau%h from any perfon or perfons whomfoever, for or 
 in re"fpe6l of the rent and arrears ©f rent of the faid 
 premifes, or any part thereof, and all fecurities had and 
 taken for the lame. To have and to hold, the faid 
 meffuage or tenement, ilables, ware-houfes, counting- 
 houfe, ground, wharf, and premifes hereby affigned or 
 mentioned, or intended fo to be, witli their and every
 
 ASSIGNMENT* 185 
 
 '-.^f their appurtenances, unto the faid RichardDcnnhon^ 
 3iis executory, adniinillrators and aflij^ns, from hcncc- 
 Ibrth lor and during all ihe reft, relidue, and remainder 
 now to come and unexpired ol'thc term oi thirty yeyrs, 
 in and by the within written indenture of Ical'e si;ranted, 
 fubje6t nevertheiefs to the payment of the laid arrears 
 of rent now due from the laid John llaiigh^ to tlie laid 
 fociety, for the laid piemifes ; and aifo to the payment 
 of the rent a.id performance of the covenants in and by 
 the witiiin written indenture of leafe referved and con- 
 tained on the tenant or leliee's part, from henceforth to 
 be paid, done and performed. And to have, hold, 
 perceive, receive, take and enjoy, the laid rents and ar^ 
 rears of rent now owing to the laid John Haugh, men- 
 tioned and intended, to be hereby afiic^ned unto the laid. 
 Richard Dennison^ his executors, adminillr.itors and 
 affigns, to his and their own ufe, and as h:s and their 
 own goods and chattels abfolutely for ever : And for 
 the better enabling tlic faid Richard Dcnnison, his ex- 
 ecutors and adminiilrators to receive and get in the 
 faid rents hereby affigned, he the {'AvXJohn Hangh hath 
 conilituted and appointed, and by thefe prefents doth 
 conftitute and appoint the faid Richard Deunison, his 
 executors, adminiilrators and alligns, his true and law- 
 ful attorney, for and in the name of him the faid John 
 Jlaiigh or otherwife, but for the fole ufe and henelit of 
 him the faid Richard Dcnnison^ his executors, admin- 
 iilrators and alligns, to aik, demand, recover and re- 
 ceive of and from all and every perfon and perfons li- 
 able and obliged or intrullcd to pay the fame refpe6live- 
 ly, all and every fum and funis of money now due and 
 owing to the Hud John llaugh from any tenant or oc- 
 cupier of the faid premifes, for rent and arrears of rent 
 of the faid hereby afligncd premifes, or ajiy part there- 
 of, and to give receipts or other cfR'6lual difcharges for 
 the fame, in the name of the laid John Hough or otlier. 
 "^'ile, as to the faid Richard Dcnnison^ llis executors, 
 
 [ 24 J
 
 186 A S S I G N M E N T. 
 
 or adminiftrators flial! fccm mod proper and expedient, 
 and to life, take and profecute every or any knvful me- 
 thod, courfe, or expedient, for the recoverinj^ and get- 
 ting in the laid rents and arrears of rent, in as full, am- 
 ple and beneficial manner, to all intents and purpofes, 
 as he the faid John Ilaugh might or could do in cafe 
 thefe prefcnts had not been made : And the faid John 
 Haugh for himfelf, his heirs, executors and admini- 
 Urators, doth covenant, promifc and agree to and with 
 the fiiid Richard Dcnnison^ his executors, adminiftra- 
 tors and affigns, by thefe prcfents, that he the {'dXdiJohn 
 Haiigh^ his executors or adminiilrators, fl^^all and will 
 from time to time, and at all times hereafter, at the re- 
 tjueft and proper cofts and charges in the law of the 
 iaid Richard Dennison^ his executors, adminiftrators 
 or affigns, make, do and execute, all fuch further 
 and other lawful and reafonable acls, conveyances and 
 affurances whatfoever, for the further and better affign- 
 ing and affuring the fiiid mcifuage or tenement, llables, 
 ware-houfes, counting-houfe, ground, wharf, and pre- 
 mifes, unto the faid Richard Dennis on ^ his executors, 
 adminiilrators and affigns, for all the then refidue of 
 i}ci^ term within denilled,and for enabling the faidi?if/6- 
 nrd Denn'ison^ his executors or adminiilrators, to re- 
 cover and get in the faid rents and arrears of rent, as 
 by him or them, or his or their counfel learned in tha 
 iaw fliall be advifed and required. In wiinefs, '^o,^ 
 
 -Of an Agreement for a Zease^ 
 
 This indenture made the day of , between 
 
 Henry Hurle^ of , carpenter^ of the one part, and 
 
 Thomas Greeny of , hosier^ of the other part r 
 
 Whereas by an agreement in writing under the hands 
 
 €f Jane Danson^ of , spinster^ and the laid Hen- 
 
 rj HurUy bearing dut$ tliQ in!j^nfj-ihlrd(hy of Decern-^
 
 ASSIGNMENT. 187 
 
 $cr, which was in the year of our Lord , and 
 
 niutle, or mentioned to be mudc, between the iVid o\i/ic 
 Danson, of the one part, and t!ie laid Henry llurU of 
 the other part : It is witneiled, that the faid Jam Ban- 
 son, did thereby agree to let unto the faid //t7/^3'////r/^, 
 for twche years and three quarters of a year, from 
 the date iliereof, all that dwelling-houfeand prOmifes 
 
 V hich the faid Jane Danson held by leafe from y 
 
 lituate in albrcfaid, at tiic yearly rent of , 
 
 clear of all deduftions whatfocver, except taxes, and 
 the laid Henry Iliirle did thereby agree to take the faid 
 houfw for the above mentioned time, and to keep the 
 fame in tcnantable repair, accidents by fire excepted ; 
 and to pay to the iliid Jane Danson the Hiid yearly rent 
 
 or fumof , by equal quarterly puyments, th.e firft 
 
 payment thereof to be made on the day of March 
 
 then next ; and it was thereby further agreed between 
 the faid Jane Danson and Henry Hurle, that the faid 
 Henry Hurle lliould let the i^vAJanc Danson ha\a£ for 
 herfch'' to live in as long as flie thought proper, the 
 back room on the ground floor, and one (lied in the 
 
 yard for the yearly rent of dollars, as by the faid 
 
 agreement, relation being thereunto had may appear. 
 And whereas the faid Henry Hurle, in purfiiance of 
 the faid recited a^^ret ment, entered into and hath con- 
 tiiuicd in poUelfion of the faid meifuap^e or tenement 
 and premifes, until the dav of the date of thcfe prefents, 
 and during that time hath laid out feveral funis of mo- 
 ney in repairing and improving the fame : And where- 
 as the faid Thomas Green, hath contra^'\ed and agreed 
 ■with the faid Henry Hurle, for the purchafe of his term 
 and intereft in the faid premifes at and for the price or 
 
 finn of dollars. Now this indenture witnefs- 
 
 eth. That for and in confideration of the fum of 
 
 dollars, by the faid Thomas Green to the faid Henry 
 Hurle in hand paid, at and before the fealing of thefe 
 prcfents, the receipt whereof he doth hereby acknowl.
 
 1S8 A S S I G N M E N T. 
 
 edge, and thereof acquit, releafe, and difcliarge the faid 
 Thomas Grccji, his executors, admiu'ilrators and af- 
 figns, by tiielc prcfents, lie the fl'id Ihmy llurle hath 
 granted, bargained, Ibid, ailigncd, transferred and fet 
 over, and by theie prefents cioth grant, bargain, fell, 
 afiign, transfer and fct over unto the faid Thomas Green, 
 his executors, admmiflrators and afiigns, the faid re- 
 cited agreement ; and the meOiiage or tenement and 
 premifes thereby agreed to be demifed to the faid Hen- 
 ry Ilurle as aforefaid, with their and every of their ap- 
 purtenances ; and all the cftate, right, title, intereft, 
 term and terms of years yet to come and unexpired, 
 claim and demand whatfocAer, both at law and in equi- 
 ty of him the faid Henry Hurh\ of, in, to or out of 
 the faid premifes, or any part or parcel thereof, by vir- 
 tue of the faid recited agreement or otherwife howfoe- 
 ver ; and all benefit and advantage thereof, and of the 
 covenants and agreements therein irjferted and con- 
 tained. To have, hold and enjoy the faid hereby aflign- 
 ed premifes, with their and every of their appurtenan- 
 ces, unto the faid Thomas Green, his executors, ad- 
 
 miniilrators and afligns, from the day of 
 
 now laft paft, for all the terms, eilate and intereft, of 
 him the faid Henry Hurle, of, in, and to the fame ; fub- 
 jecl neverthelefs to the payment of ihe rent, and to tlie 
 performance of the covenants in the faid recited agree- 
 ment referved and contained, which, from and after the 
 
 faid day of now laft paft, on the part and 
 
 behalf of the faid Henry Hurle, his heirs, executors, 
 and adminiftrators, fliall become due and ought to be 
 paid and performed : And for the better and more 
 effectually enal^ling and empowering the faid Thomas 
 Green, his executors, adminiftrators, and affigns, to 
 obtain and procure from the faid Jane Danson, her 
 executors, adminiftrators, and affigns, fuch grant or 
 leafe as in and by the faid hereinbefore in part recited 
 ag?eement, is rnentioned and agreed to be made or
 
 ASSIGNMENT. 181? 
 
 exequtcd in that behalf, and for the accelerating and. 
 tnloixingthe obtainiiig and procuring of the lane, he 
 the i'iudJ/cnry Ilurlc hath made, ordained, conllituted, 
 and appointed, and by thcfc prcfents doth iviake, or- 
 dain, conllitute, and appoint the laid Thomas Green, 
 his executors and adminiihators, his true and lawful 
 attorney and attornies, irrevocable, fur him and in his 
 name, place and Head, or in the name or names, and 
 to and for the proj)er ufe and benefit of him thr faid 
 T/Jonias Green, his executors, adminiftratcTs, or af- 
 iigns. to aik, demand, procure, and obtain of and from 
 the faid Jane Danson, her executors, adminiftrators, 
 or afligns, and all and every other pcrfon and perfons 
 ^vhom it doth or may concern ; a leafe or grant from 
 the {-dkl jfane Danson to the faid //<?;7ry Hurle, or him 
 the faid Thomas Green, his executors, admitiiOrators, 
 or aiTi.ens, of the faid melluage or tenement and jre- 
 mifes herein before afiiij;ned, and agreed to be made 
 and executed thereof as aforefaid ; and upon receipt 
 and delivery of the faid leafe or grant, tofcal, execute, 
 and deliver a counterpart thereof, for and in the name 
 of the faid Henry Ilurle, his executors or adrninillra- 
 tors, or in the name ot him the faid Thomas Grecuy 
 his executors, adminiftrators, or afiigns, and generally 
 to do, execute and perform, all and every fuch further 
 and other lawful and reafonable a61 and i,c\s, thing and 
 things, as fliall be neceirary for the belter and m.ore 
 fpecdy obtaining the faid leafe or grant, he the faid 
 Henry Hnr/efov himfclf, his executors and adminif'ra- 
 tors, hereby agreeing to ratify, confirm, and allow, 
 ■ all and whatibever the faid Thomas Green, his execu- 
 tors, adminillrators, or afligns, (hall lawfully do or 
 caufe to be done in or about the preniifcs by virtue of 
 thefe prelents. And the faid Henry Hurle doth here- 
 by for himfelf, his heirs, executors, and adminiftra- 
 tors, covenant, promife and agree to and with the faid 
 Thomas Grecn^ his executors, adminillrators, and r.f-
 
 150 ASSIGNMENT. 
 
 figns, Ihathe the faid Henry Hurle^ his executors or 
 adminirtrators, ihall and will at the requcft of the i'aid 
 Thomas Grecii^ his executors, adminillrators, and af- 
 iigiis, ufe his and their beil means and endeavors to 
 procure the laid Jaiic Danson, her executors, admi- 
 nillrators, or ailigns, to grant a leafe of the faid mef- 
 fuare or tenement and premiCes, either to the laid Hen- 
 ry Hurle^ his executors or adminillrators, or to the 
 foid Thomas Grcc7i^ his executors, adminiflrators, or 
 ^iil^jfns ; And that he the faid Henry Hurle^ his exe- 
 cutors or adminillrators, fliall and will in cafe fueli 
 leafe Uiail be granted to him or them by good and fuf- 
 iicient conveyances and ailarances in the law, afiign, 
 mai;e over and confirm unto the faid Thomas Green^ 
 bis executors, ajchniniflrators, or afligns, tho faid iiitf- 
 fuage or tenement and premifes hereinbefore m.ention- 
 ed, to be hereby ailigned to and for his and their own 
 proper ufe and benefit, for and during all the refidue 
 and remainder of the laid term of twehe years and 
 three quarters of a year which fliall be then to come 
 and unexpired : And for all other the ellate, term and 
 JDtcreft, which he the laid Henry Hiirle, his executors, 
 adminillrators, or affigns, fliall have or be entitled to 
 therein. In Witneis, 5^c. 
 
 Of Leasehold Premises by Indorsement, from an E^^ 
 cutrlx to a Purchaser. 
 
 To all to whom thcfe prefents fiiall come, Susannah 
 Bovoesoi , the widow of the within named Samu- 
 el Bovjes, and fole executrix nnmed in his lail will and 
 teftamcnt, fendeth greeting: Whereas the liiid within 
 named Samuel Bovjes has, fince the execution of the 
 wiihin indenture of leafe, departed this life, having 
 iiril made and publiihed his lail will and teRament ia
 
 ASSIGNMENT. 191 
 
 nriting, and thereof appointed the faid Stistvinab 
 Bowt'S Iblc executrix ; ^iiid whereas the wiUiin dc- 
 mifed prcniiles, and indenture of ieafe were lately put 
 
 up to fale by pubhc au(!:lion,and Richard Giles of 
 
 having attended ut fuch fale, and oftered the fiim o£ 
 
 dollars for the purchafe thereof, lie w as declared 
 
 to be the highcft bidder for the fame, and the faJd pre- 
 mifcs and indenture of Icafe were accordingly ibid to 
 him at and for that funi. Now know ye, that for and 
 
 in confideration of the fum of dcjUars, to the faid 
 
 Susannah Bo\-jcs in hand paid, by the faid Richard 
 Giles at and before the fealing and delivery of thefe 
 prefents, the receipt whereof is hereby acknowledged ; 
 Ihe the faid Susannah JJo\vt'S hath granted, bargained, 
 fold, aihgncd, transferred, and fet over, and by thefe 
 prefents doth grant, bargain, fell, afiign, transfer, and 
 iet over unto the faid Richa>d Giles^ his executors, 
 adminiftrators, and arAi^ns all that piece or parcel of 
 ground, and all. and hngnlar other the premifes in and 
 by the within written indenture of Icafe demifed or 
 mentioned or intended to be thereby demifed, with 
 their and every of their appurtenances ; and all the 
 cilatc, right, title, intercfl, term of years to come and 
 unexpired, property, claim, and demand whatfoever, 
 either of the within named Samuel Buvcs^ or of her 
 the (liid Susannah Bo%ves, as executrix or otherwife, 
 of, in, to, or out of the fame premifes, every or any 
 part thereof, together with the l:\id indenture of leaie. 
 To have and to hold the faid piece or parcel of ground, 
 and all and fmgular other the premifes hereby, or 
 mentioned to be hereby afligned, with their and every 
 of their appurtenances, unto the faid Richard Giles^ 
 his executors, adminiilrators, and aifigns from ihc/irst 
 
 day of , next rnfuing the date hereof, for and du:*- 
 
 ing all the reft, reliduc, and remainder, which Ihall be 
 
 then to come and unexpired, of the term of years, 
 
 ill and by the withhi written indenture of li.ufe grant-
 
 19S ASSIGN M E N T. 
 
 ed thereof : SubjcCl neverthelefs to the paj^ment of 
 the rentancl perlbimance of the covenants in the lame 
 indenture of ieafe, rtferved and contained on the te- 
 nant or lelicc's part, from thenceforth to be paid, done, 
 and performed : And the faid Susannah Boivcs, doth 
 hereby for herfelf, her heirs, executors, and adminif- 
 trators, covenant, promife, and agree, to and nith the 
 fliid Richard Giles^ his executors, adminiftrators, and 
 affigns, in manner following (that is to fay) that he the 
 iaid Richard Giles^ his executors, adminiftrators, or 
 afligns, paying the rent, and obferving, and performing 
 the covenants and agreements refcrved and contained 
 in and by the faid within written indenture of 
 Ieafe, on tlje tenant or leflee's part, to be paid and per- 
 formed, from and after the {di^^. first day of , next 
 
 enfuing the date hereof, Ihall and may from time to 
 time and at ali times thereafter, fof and during all the 
 refidue and remainder which fnall be then to come and 
 unexpired, of the faid term of years by the with- 
 in written indenti*ire of leafc granted, lawfully, peacea- 
 bly, and quiet]}" have, hold, occupy, polfefs and enjoy 
 the faid piece or parcel of ground and premifes, hereby 
 afligned or intended fo to be, with their and every of 
 their appurtenances, and receive and take the rents, if- 
 fues, and profits thereof, and of every part thereof, to 
 and for his and their own ufe and benefit, without any 
 lawful let, fult, trouble, denial, eviftion, or interrup- 
 tion of, or by the faid Susannah Bowes ^ her executors, 
 adminiftrators, or affigns, or any other perfon or perfons 
 •^vhomfoevcr, iav/fuliy claiming or to claim, by, from, 
 or under her, them, or any of (hem^ or by or through 
 her or their aCl, means, neglect, default, or procure- 
 ment : And that free and clear, and freely and clearly 
 acquitted and difchargcd, or otherwife by the faid 5^- 
 sannah Bowes ^hQV Q.^tc\xtox^ or adminiftrators, well 
 and fuiTicientiy ftived, kept harmlefs, and indemriified 
 ®f, from and ajjainft. all and all m^aniier of former an«i
 
 ASSIGNMENT^ 193 
 
 other deeds, gifts, grants, bargains, fales, afTignments, 
 mortgages, furre riders, re-entries, judgments, exeeu- 
 tions, extents, ilatiitcs, recognizanees, and all other 
 incumbrances whatlbever : And of and from all arrears 
 of rent, taxes and aireHnients, until the ididjirst day of 
 
 now next enfuing. And further, that llie tlxifaid 
 
 Susannah Jioivcs, her executors or adniinillrators, and 
 all and every other pcrlbn and perfons having, or law- 
 fully claiming, or to claim any ellate, right, title or in- 
 terell, of, in, to or out of the faid hereby afiigned pre- 
 mifes, or any part thereof, from, by, under or in truft, 
 either for the within named Samuel Bowes^ or for her 
 the faid Susannah Bowes^ her or any of her executors 
 or adminirtrators fliall and will from time to time and 
 at all times during the continuance of the faid term 
 hereby afligned upon every reafonable requeft, and at 
 the cofts and charges in the law, of him the faid Rich- 
 ard Giles^ his executors, adminillrators, or afligns, 
 make, do and" execute, or caufe and procure to be: 
 made, done, and executed, all and every fuch fur- 
 ther and other lawful and reafonable a6\s, conveyances 
 and affurances in the law wdiatfoever, for the further 
 and better afligning and alfuring the faid premifes unto 
 the faid Richard Gilcs^ his executors, adminiftrators 
 and afligns, for the then relldue of the term within de-. 
 mi fed, as by the faid Richard Gilcs^ his executors, 
 adminiftrators, or afligns, or his or their counfcl learn- 
 ed in the law, fliall be rcafonably devifed and required- 
 In witnefs, &c. 
 
 8G^ The expenfe of the afllgnmcnt oJf any terms o£- 
 years which a purchafer can require to be afligned to 
 attend the inheritance, muft be borne by the purchafer 
 himfclf; but the thleto them muft of courfe be dedu- 
 ced at the expenfe of the vendor ; and if a term has ne- 
 ver been afiigned to attend the inhentaace, tjie vender 
 
 [ 25 ]
 
 194 ASSIGNMENT. 
 
 Tnufl bear the expenfe, not only of deducing tlie tifk, 
 but alfo of the allu^nmcnt of the term to ii truflee of the 
 purchafer's noniination to attend the inheritance. 
 iSugden 27 L. 
 
 Of Leasehold Premises^from a Mortgagee and Mar t^ 
 gagor to a Purchaser . 
 
 This indenture tripartite, made the day of ,' 
 
 between John Jones ^ of- , of the firft part ; Joseph 
 
 A'ingy of , of the fecond part ; and Paid Poe, of 
 
 the third part : Whereas [^here recite the lease.'] And 
 tvhereas the faid Da'uid Giles, did afterwards ere6l and 
 build on the faid piece or parcel of ground, one brick 
 auelfuage or tenement, purfuant to a covenant for that 
 purpofe contained in the faid indenture of leafe. And 
 whereas in and by an indenture of affignment or mort- 
 gage, bearing date on or about the day of , 
 
 and made or mentioned to be made between the faicf 
 
 Daiiid Giles of the one part, and Abel Hay, of , 
 
 of the other part \j-echin^ to the effect hereinbefore 
 recited'] the faid David Giles, for the confiderations 
 therein mentioned, did allign and fet over, unto the faid 
 \Abel Hay, all the faid piece or parcel of ground, and 
 the faid melTuagce or tenement thereon creeled and 
 built, and all and fingular other the premifes in the faid 
 indenture of leafe granted and demifcd, vvith their and 
 every of their appurtenances, together with the Hiid in- 
 <]enture of leafe. To hold unto the faid Jbel Hay, his 
 executors, adminillrators and afligns, from thenceforth, 
 for and during all the reil, reficlue and remainder of the 
 faid term of years, in and by the faid recited in- 
 denture of leafe granted, then to come and unexpired, 
 binder a provifo in the faid indenture of mortgage con- 
 tained for making void the fame, on payixient of the Rim
 
 ASSIGNMENT. i9S 
 
 of dollars with intcrcft, on the day of , 
 
 as in and by the faid recited indenture of afiignmcnt or 
 mortgage, relation being thereunto had may appear : 
 And whereas by one other indenture of affignment tri- 
 partite, bearing date the day of , and made 
 
 or mentioned to be made, between the iindJbc/ IIa)\ 
 of the iirll part, the fliid Ba'vid Giles of the fecond 
 part, and the faid Joscp/j King, of the third part ; recit- 
 ing that there v. as then due and owing to the faid Jbel- 
 Hay for principal and intercil on the laid recited mort- 
 gage, the ilini of , and that the faid Joseph K'ing> 
 
 had contra6\ed and agreed with the faid Dai) id Giles y 
 for the abfolute purchafe of the laid mortgaged premi- 
 
 fes, for the fum of dollars, the faid Jciam Hay, in 
 
 confideration of the faid fum of , fo due to him for 
 
 principal and intercil on the faid mortgage, to him paid 
 by the faid Joscpb King, by the direction and appoint- 
 ment of the faid DavidGiles^d'id hereby grant, bargain, 
 fell, aflign, transfer, and fet over, and the faid Da^id 
 
 Giles, in confideration of the further fum of do 1- 
 
 lars, to him then paid by the faid Joseph King, did 
 thereby grant, bargain, fell, aflign, releafe, and confirm 
 unto thcYaid Joseph King, his executors, adminiilra- 
 tors and alfigns, the faid recited indenture of leafe, 
 made and granted to the faid Dai^id Giles, as afore- 
 faid, and the faid piece and parcel of ground, mefTungc 
 or tenement, and all and fmgular other the premifes, 
 with the appurtenances, in and by the faid recited in- 
 denture of leafe, demifed to the faid Daiiid Giles, by 
 the faid IFatt Tyler, or mentioned or intended fo to be, 
 to hold unto the faid Joseph King, his executors, ad- 
 minifl;rators and affigns, from thenceforth for and dur- 
 ing all the rell, relidue, and remainder of the faid term 
 
 of years, in and by the faid recited indenture of 
 
 leafe granted, then to come and unexpired, as in and 
 by the faid laft recited indenture ofaflignment, relation 
 being thereunto had will appear. And whereas by one
 
 196 A S S I G 1S[ M E N T. 
 
 other iiulenture of aiTignment or mortgage, bearing 
 date the day of , made between the faid Jo- 
 seph Kim^, of the one part, aad the faid John Jones, 
 pat ly hereto of the other part ; [^reciting to the effect 
 herein before recited'^ and further recitmg that by one 
 bond or obHgation bearing even date herewith, the. 
 faid Joseph King had become bound unto the faid 
 
 John Joncs^ in the penal fum of dollars, condi- 
 
 tioiiCd for the payment of the fum of dollars, in 
 
 manner and at the times therein meritioned, the laid 
 Joseph Kiug^ as veil for the better feeuring and more 
 lure paymentof the faid fum of dollars, accord- 
 ing to the condition of the faid bond or obligation, as 
 alfo for other the conditions therein m.entioned, did 
 grant, bargain, fell, afiign, transfer and fet over unto 
 the faid John Jones, his executors, adminillrators ar.d 
 aiiigns, the faid recited indentures of leafe, -made and 
 granted to the faid Duuid Giles as afore faid, and the 
 laid piece or parcel of ground, melfuage or tenement, 
 and ail and fnigular other the prcmifes, with the appur- 
 tenances, in and by the faid recited indenture of leafe 
 deihifed to the faid Dai) id Giles, by the faid IP^att Ty- 
 ler, or meant, mentioned, or intended fo to be : To 
 hold unto the faid John Jones^ his executors, admini- 
 llrators and alTigns, from. thenceforth, for and during 
 all the rell, refidue and remainder of the faid term of 
 — — years, in and by the faid recited indenture of leafe 
 granted, then to come and unexpired, under a provifo 
 therein contained, for making void the llmie, on pay- 
 ment of the faid fum of dollars, at the time, and 
 
 in manner therein before limited and appointed, as in 
 and by the faid lall recited indenture of afiignment, re- 
 lation being thereunto had will appear : And whereas 
 
 the faid fum of — ^ dollars, or any part tliereof was 
 
 not paid or Hitisfied at the time mentioned and appoint- 
 ed for payment thereof, whereby the eftate and in- 
 fereft of the faid John Jones^ in and to the faid mortg^-"
 
 ASSIGNMENT. io1 
 
 ged premifcs bt-cnme abfolute in law : And whereas 
 tiiere is now clue and owiiii^ to thefald Jo/j/i Jones, lor 
 principal and intereilon tlie faid lecitedbond aiid mort- 
 gage, to the day of the date of ihefc prelects the luni 
 
 cl" dollars : And whereas the laid Paui Poc, hath 
 
 coiitrac\ed and agreed with the laid.y(?ir//Z> Jun^\^ lor 
 ihe abfolutc purehale of the laid niortg-.'.ged premifes, 
 
 for all the rehout and remainderrf the faid teini oi 
 
 years, in and by the laid rceiled indenture of Icafe 
 granted, now to come and unexpired for the price or 
 
 film of dollars: Ntnv this iiideniiire witncilcth, 
 
 that for and in conlidcration of tlie faid fum of 
 
 dollars, to the faid yn/.>n Jcucs, in l\:il of all principal 
 money, and intcrell due to him hem the LAiX Joseph 
 Kiiig^ on^ich laid recited bond and mortgage, to him 
 in hand, well and truly paid by tliefaid Paul Poe^ by 
 and nith the confent, dire<l-lion, and appointment of the 
 faid Joseph Kiiig^ teftiHed by his being a j;arty herc- 
 imto, and executing of thefe prefents, at or before the 
 i'ealing and delivery hereof, the receipt a\ hereof the 
 ^iuOiJphnJones doth hereby aeknoAvledge, and thereof, 
 an.d of and from every part and parcel thereof, doth, 
 clearly and abfolutely aco.uit, releafe and difcharge the 
 laid Paul Poe^ his executors, adminifirators and af- 
 figns, and every of them, by thefe prefents, he the 
 laid John Jones, by and with the like corucnt, direc- 
 tion and appointment of the faid Joseph King, teftifiecl 
 as aforelaid, hath granted, bargained, fold, afhgned, 
 transferred, and fet over, and by thefe prefents doth 
 fully and abfolutely grant, bargain, fell, afiign, transfer 
 and fet over unto the faid Paul Poe^ his executors, ad- 
 ininiftrators and ailigns, the faid recited indenture of 
 leafe, made and granted to the faid Da'uid Giles as afore- 
 laid, and the faid recited mdenturesof alignment there- 
 of, and the faid piece or parcel of ground, and alfo the 
 laid nielVuage or tenement thereon erecied and built, 
 and all and lingular other the preniifes, "with the appur-
 
 19S ASSIGNMENT. 
 
 tenanccs, in and by the faid recited indenture of leafe,. 
 iknviied to tiie fnid David Giles, by the faid fVatt ly- 
 icr, or meant, aientioned, or intended fo to be, and all 
 Ibe eilate, i igiu, title, intereft, property, profit, term of 
 years now to come and unexpired, claim and demand 
 Ti'hatfoever, ofhmithe i<x\(\ John Jones, of, in and to 
 the fame, and every part and parcel thereof, by force 
 and virtue of the faid recited indenture of leafc and in- 
 dentures of afiignment, or otherwife hovifoever. To 
 liave and to hokl the faid recited indenture of leafe and 
 indentures of aiiignment, piece or parcel of ground, 
 and meffuage or tenement thereon built, and all and 
 finguiar other the premifes, with the appurtenances 
 herein and hereby granted, bargained, fold, affigned, 
 transferred, and fet over, or meant, mentioiml, or in- 
 tended fo to be, unto the faid Paul Poe, his executors, 
 adminillrators, and afligiTS, from the day of the date of 
 thefe prefents, for aiid during all the reft, refidue and 
 
 remainder of die faid term of years, in and by the 
 
 laid recited ijjdeuture of leafe granted, and therein now 
 to come and unexpired. And the faid John Jones, for 
 himfelf, his heirs, executors and adminiftrators, doth 
 covenant, promife and agree, to and with the faid Paul 
 Poe, his executors, adminillrators and afiigns, by thefe 
 prefents, that he the faid John Jones, hath not made, 
 done, or committed, or wittingly, or willingly fuffered 
 or caufed, or procured to be made, done, or committed 
 any a£l, matter or thing whatfoever, whereby or by 
 reafou or means vi- hereof the faid recited indenture of 
 leafe, indentures of alTignment, piece or parcel of 
 ground, melTuage, or tenement, or any of them, is, are, 
 Jhall or may be impeached, charged, vacated, or in- 
 cumbered, in title, charge, eftate, or otherwife howfo- 
 ever. And this indenture further witnefleth, That for 
 and in conlideration of the further fum of — — dollars, 
 to the faid Joseph King, in hand, alfo well and truly 
 paid by the faid Paul Poe^ ut or before the fealing
 
 ASSIGN M E N T. 193 
 
 andtlciivery of thcfc prcfcnts, the receipt ^vhcrcof the 
 i'M Joseph K'nig, doth hereby acknowledge, and there- 
 of and of every part and parcel thereof, doth clearly 
 and abfolutely accinit, releafc, and difcharp;e the faicl 
 Paid Pot\ his executors, adminillrators and aiiigns for 
 ever, by thefe prcfents, v. hich faid fums of -, dol- 
 lars, ajid dollars, make together the faid iiini of 
 
 dollars, and are in full of the purchafe money a- 
 
 greed to be given for the faid premiles by the faid Paul 
 Poe ; he the laid /(^j^/Vj King, haih granted, bargained, 
 fold, afiigned, releafcd and coniirmed, and by thefe 
 prefents doth fully and abfolutely grant, bargain, fell, 
 allifJ-n, releafe and confn m unto the faid Paul Poe, his. 
 executors, adminillratorsand aillgns, the faid recited in- 
 denture of leafe made and granted to the faid Dax'id 
 Giles as aforefaid,aijdthe faidpicce or parcel of ground, 
 and meliuage or tenement thereon built, and all 
 and fingular other the premifes, \\\i\\ the appurte- 
 nances in and by die faid recited indenture of leafe de- 
 mifed to the faid Da^oid Giles by the laid ry\itt Tylcr^ 
 or meant, mentioned, or intended fo to be ; and all the 
 eftatc, right, title, intereft, profit, property, term of 
 years nowtocom.e and unexpired, equity and benefit 
 of redemption, claim and demand whatfoever of him 
 the faid Joseph King, both in law and equity, or 
 otherwife howfoever, of, in, and to the ll\id premifes, 
 every or any part or parcel thereof, and all deeds, evi- 
 dences and writings, touching and eoncerninp; the faid 
 hereby alligned premifes, or any part thereof now in 
 the cuftody or power of the faid Joseph Kin^, or any 
 other perfon or perfons, for his ufe or in truft for him,. 
 To have and to hold the laid recited indenture of leafe, 
 piece or parcel of ground, mcfluage or tenement there- 
 on built, and all and Angular other the premifes, with 
 the aj^purtenances hereinbefore mentioned, or intended 
 to be hereby granted, bargained, fold, afiigned, relcaf- 
 €d and confirmed, and every part and parcel thereof,
 
 200 ASSIGNMENT. 
 
 unto the fliid Paul Poe, his executors, aclmlnirLrators 
 and aiiigns, from henceforth for and during all the rcil, 
 
 refidue, and remainder of the fakl term of — years, 
 
 in and by the faid recited indenture of leafe granted, 
 now to come and unexpired. And the faid Jo.ieph 
 ICingy for himfelf, his heirs, executors and adminillra- 
 tors, doth covenant, promife and a!J:ree, to and with the 
 idid PauiPoe, his executors, adminiRrators and afligns, 
 by thefe prefcnts in manner following, that is to lity : 
 That the faid recited indenture of leafe made and grant- 
 ed to the faid Divuid Giles as aforefaid, at the time of 
 the fealing and delivery of thefe prefents is good and 
 effe^lual and valid in the law, of and for the premifes 
 thereby demifed, and that the fame and the term of 
 years thei-eby leafed are now in being, and in no wife 
 forfeited, furrendered, incumbered, or become void or 
 \'oidable ; and that they the faid John Joiies and Joseph 
 King have, or one of them hath, in themfelves or him- 
 felf good right, full povv-er, true title, and lawful and 
 abfolute authority to grant, bargain, fell, alTign, trans- 
 fer and fet over the premifes meant or intended to be 
 hereby alfigned, \vith their and every of their appurte- 
 nances unto the faid Paul Voe^ his'executors, admini- 
 llrators and afligns, in manner and form aforefaid : And 
 that he the faid Paul Voe^ his executors, adminiftrators 
 or alTigns, (hall, or lav*'fully may, from time to time, and 
 at all times hereafter, for and during all the refidue and 
 
 remainder of the faid term of years, in and by the 
 
 faid recited indenture of leafe granted, yet to come and 
 unexpired, peaceably and quietly have, hold, ufe, oc- 
 cupy, poflefs and enjoy all and lingular the premifes 
 hereby granted and afligned or meant, mentioned or 
 intended fo to be, and every part or parcel thereof, with 
 their and every of their appurtenances, without any 
 let, fuit, trouble, denial, evi6lion, eje6\ioR, or interrup- 
 tion, of or by them the faid John Jones and Joseph 
 Eing^ or either of them, their or either of tlitir execu-
 
 ASSIGNMENT. 201 
 
 tors, cidininiflrators or arngns, or of or by any other 
 fjtrfoii t)r pcrionh) whomlbevcr, and that free and clear, 
 and irtely and clearly acquitted and difchargcd, or 
 otheruiic well and lliflicicntly faved, kept harmlelb, and 
 indemnified of, and troni all and ail manner of former 
 and other gifts, grants, bargains, fales, leafes, atiign- 
 ments,mori;:^'.iges,farrenders, re- entries, judgments, ex- 
 ccutions, extents, ftatuLes and rec(jgiuzances,and of,ancl 
 from all other ellates, titles, troubles, charges and in- 
 cumbrances whatfoever, had, made, committed, done, 
 or wittingly or willingly fufi'ered, or to be had, made> 
 committed, done or fu fie red by the faid John Jones 
 and Joseph Jung, or either of them, their or either of 
 their executors, adminiftrators or afligns, or by or w itU 
 their, any or either of their privity, confent, or pro- 
 curement, or by aiiy other perfon or perfons whatfoe- 
 ver (exceptone indenture of leafe bearing date the — — ♦ 
 
 day of , whereby the faid Joseph Kiiig\ demifcdto 
 
 Titus Dull, of , his executors, adminiftrators and 
 
 afligns, the aforefaid meifucige or tenement, known by 
 the si<^n of the Black Horse, part of the premifes here- 
 by affigned, from the/? rj^ d-dyofJpril, then lafl, forthe 
 term of tivehe years, at and under the yearly rent of 
 two hundred dollars, payable (juarterly ; which faid 
 rent of tivo hundred dollars is from heaceforth to be 
 paid to the faid Paul Poe^ his executors, adminiflratora 
 or affigns :) And further, that he the faid Joseph King^ 
 his executors, adminiflrators and all and every other 
 perfon or perfons lawfully claiming or to claim the 
 premifes, by, from or under him, them, or any of them, 
 except as aforefaid, lliall and will from time to time, 
 and at all times hereafter, during the remainder of thg 
 
 faid term of years now to come and unexpired, 
 
 at the requefl, cofls, and charges in the law, of the Hiid 
 Paul Poe, his executors, adminiftrators, and affigns, 
 make, do and execute, or caufc and procure to be made, 
 4pne and executed, all and every fuch further and othci; 
 
 t 26 J -
 
 2b5 A S S I G N INI E N T. 
 
 ](a'>vfal and reafonable act and afts, thing and thing's, 
 deeds, conveyances, afllgnments, and alTurances in the 
 law whatlbever, for the further, better, more perfect, 
 and abibhitc conveyhig, aingning, and afiuring the faid 
 hereby afiigncd premifes, unto the faid Paul Poe^ his 
 executors, adminiftrators and alTigns, for all the reft, 
 
 rciidue, and remainder of the Aiid term of , which 
 
 lliall be then to come and unexpired, as by the faid 
 Paul PoCy his executors, adminiftrators, or affigns, or 
 his or their counfel learned in the law, fliall be reafona- 
 blyadvifed,dev-ifed or required: And laftly, the faid 
 PautPoe, for himfelf, his executors, adminiftrators and 
 aiiigns, doth covenant, promife and grant, to and with 
 the faid Joseph King, his executors and adminiftra- 
 tors, that he the faid Paul Poe, his executors, admini- 
 llrators, or afiigns, feme or one of them, fliall and wiU 
 from time to time; from henceforth, for and during the 
 remainder of the faid term of— — years, now to come 
 and unexpired, well and truly pay the ftiid yearly rent 
 of two hundred dollars, at the times and in fuch man- 
 ner as in and by the faid recited indenture of leafe, the 
 fame is referved, and which fliall from henceforth grow- 
 due, and perform all and every the covenants contained 
 in the faid recited indenture of leafe, which on the ten- 
 ant's or lelTee's part or behalf, from henceforth are or 
 ought to be kept and performed, and alfo fliall and w ill 
 from time to time and at all times hereafter, fave, de- 
 fend, keep harmlefs and indemnified, the faid Joseph 
 King, his executors and adminiftrators, of and from 
 all cofts, charges, fuits, damages, and expenfes what- 
 foever, which he or they fliall or may bear, pay or fuf- 
 tain, for, or by reafon or means of the non-payment of 
 the ftiid yearly rent or fum of two hundred dollars, 
 which from henceforth fliall become due and payable, 
 or any future non-performance of any of the covenants 
 in the faid recited indenture of leafe contained. In wit- 
 Hcfs, £'.Q.
 
 ASSIGNMENT. 20^ 
 
 Of the benefit of purchased Articles, 
 
 This indenture made the day of , between 
 
 fValtar Rex, of , of the one part, and Tbomns 
 
 Leach, of , of the other part. Whereas ia ar- 
 ticles of agreement bearint^ date the day next before 
 tlie day of the date of thefe prelents, and made between 
 the fiiid JFaltar Rex of the one part, and John Fen of 
 
 , and Kitty Fen, of , m idow, mother of the 
 
 iiUiXJohn Fen, of the other part, and in and by an in- 
 dorfement written on the fame, feveral covenants and 
 iis^reements, matters and things, are contained touch- 
 ing the valuation of, and paying for feveral trees there- 
 in mentioned to be valued and paid for, as therein ia 
 mentioned, and for the true performance of fuch cove- 
 nants and agreements contained in the faid articles 
 which on the part and behalf of the faid TFaltar Rex, 
 his executors, adminiftrators and affigns ought to be 
 performed ; he the faid JFaltar Rex, hath obliged 
 iiimfelf, his heirs, executors and adrniniftrators, unto 
 the faid John Fen and Kitty Fen, their and each of 
 their heirs, executors and adrniniftrators, in the penal 
 
 J\im of dollars, and for the true performance of 
 
 inch of the covenants and agreements contained in the 
 iaid articles, which on the part and behalf and parts and 
 behalfsofthefaid./c//f7;z 7'>;z and Kitty Fen, their and 
 each of their heirs, executors, adrniniftrators and al- 
 figns, ought to be performed, the {i\\(\John Fen, hath 
 obliged himfelf, his heirs, executors, adrniniftrators 
 and'afiigns, and the faid Kitty Fen, hath obliged her- 
 felf,her heirs, executors, adrniniftrators and afligns, un- 
 to the laid JFaltar Rex, in the penal fum of dol- 
 lars. Now this indenture witnefleth. That the ftiid 
 JFaltar Rex, doth hereby acknowledge and declare, 
 that at the time of his executing he faid articles, 
 it was intended that the faid Thomas Leach, his heirs, 
 executors^ adrniniftrators and afllgns, ihould have all
 
 204 ' ASSIGNMENT. 
 
 the advantage that might arife thereby, and therefore 
 he the faid IValtar Rcx^ in conlideravion oF the funi 
 of o«(? dollar, the receipt whereof is hereby acknow- 
 ledged, hath, as far as in him lies, bargained, fold, af- 
 figned and fci over, and by tliLfc prefdits doth, as far 
 as in him hes, bargain, fell, aiiign and fet over unto 
 the faid Thomas Leach ^ his heirs, executors and ad- 
 miniiUators, to and for his and their own ufe and bene- 
 fit L All fuch benefit, profit and advantage which he the 
 faid IValiar Rex^ his heirs, executors and adminiflia- 
 tors, can or may have or claim by reafon or means of 
 the faid articles and indorfement, or any covenants, a- 
 gretments, matters or things therein contained : And 
 for the better enabling him the faid Thomas Leach, his 
 heirs, executors and adminiftrators, to receive and take 
 the benefit, profit and advantage hereby afligned, or 
 mentioned and intended to be afhgned, he the faid 
 Waltar Rex^ doth hereby conflitute, authorife and ap- 
 point die faid Thomas Leach, his heirs, executors and 
 adminiflrators, his true and lawful attorney and 
 attornies, to commence any aclion or alliens, fuit or 
 fuits, to compel the pet formance of all deeds, cove^ 
 nants, agreements, matters or things contained in the 
 faid articles or indorfements, which on the part and 
 behalf, parts and behalfs of the faid Johji Fen and Kitty 
 Fen, or either of them, their or either of their heirs, 
 executors or adminiftrators, ought to be performed. 
 And this indenture further witnefTeth, t}>at in conlide- 
 ration of the affignment ther( by made, and of the pow- 
 ers hereby given to the faid Thomas Leach, his heirs, 
 executors and adminiftrators, he the faid Thomas 
 Leach, for himfeif, his heirs, executors and admini- 
 ftrators, doth covenant, promife and agree to and with 
 the faid IValtar Rex^ that he the laid Thomas Leach^ 
 his heirs, executors, adminiflrators and affigns, fliall 
 and will from time to time, and at all times, fave, de- 
 lend and keep Ixarnilel^ and indejimificd the laid JValff
 
 ASSIGN M E N T. 205 
 
 tar Rex^ his heirs, executors and admlniftrntors, and 
 his and thtir h.iids, tenements, and hercdiiurnei . of, 
 from, andagainil all liich colls, charji^es, di-iv. .iid 
 
 cxpenies, which he the faid JValtiir licx^ h; , 
 cciUors and admir.illrators, or his, their^ or a:.;. Ci u.-ir 
 lands, tenements or heredltamentb, ihall ca ii-iybLiir, 
 fullain, or be put unto for or by reaf'!' ; s of his, 
 
 the faid 7/1:/; jr i;t.v, executing the ij.a.aiiic.cs and 
 ligning the faid indorfement, or for or by rcafon or 
 means of any covenant, ap;reement, iiia'.cer or thing' 
 therein contained, or ibr or bv reafon or means of any 
 aC\ion or aclions, fuit oi- fuits to be commenced or pro- 
 fecuted by virtue of any power or auiiu)rity thereby 
 giveii or granted by the faid ll\dtar Rex, In \\ it- 
 ncfs, &.C. 
 
 Transfer of Shares in a Company . 
 
 For value received, 1 JMartin jSIiles^ of , affgn 
 
 the whole of my right, title and intereil of, in and to 
 ti\)0 Ihares in the corporation of The picOdcnt, mana- 
 gers and company of the Schuyikill and Suf(iuehannah 
 naviijation ; [or. The president^ mnnogcrs and covipa- 
 vy nf the Delaware and Schuylk'iU can :l nai}ii^afion,'] 
 
 to Jobn !\f-Mu//en, of , and cordUfute him, his 
 
 adiijrnsand fublUtiites.mv attornev&.attornies.with full 
 power to receive in his or their name or names certi- 
 ficates for thefiid fliares, hereby obliging myl'elf athis 
 or their requellto do all neceffary matters and things 
 for the more effectually transferring the faid ihares to 
 
 h'lxn oi- thcpi. vVit^e^^; my l^and and feal, this 
 
 day of Anno Domini . 
 
 Acknowledged before me,' notary public for the com- 
 
 aion wealth of Peunsyhafihr tl^is day r. , 
 
 fc.i'i Doe. 
 
 1^
 
 206 A W A R D. 
 
 CfSbarcs of Stcck. 
 
 ^ FofA'alne received,! Simon /S'/i??7,nftmcd in x\\&tivcn- 
 ^v-/('y;//'CtTtilica^Cb hereto annexed, which are numbered 
 
 tis foilous, viz. No _, and No. , a'iign the fharesof 
 
 ^ock theiein mt-ntioned, to Ch^'rles Moony, of — , and 
 coniiitute him, his aiiigns and I'abliiturcs, my attorney 
 and attoi'.ies, with full power to receive, in hi.s or their 
 name or names, certificates for the faid fnarts ; hereby 
 ob!i;i;ini:i: niyfelf, my heirs and executors, at the recjuell 
 of th'e Add Charles Moo7iy, or his aiiigns and fubllitutes, 
 to do all necelfary matters and things for the more ef- 
 feaually transferring the faid fliares to him or them. 
 Witnefs, &c. 
 
 Acknowledged, he. as in the preceding. 
 
 * The stock sho^kl bo annexed and sewed through this place 
 bv a ribbon, aiul the notaiial seal iniprebscd on it. 
 
 4 Reference.-^ An appointment of an Umpire by the 
 Rfcrecs—and an Award by that UmpUe, 
 
 ^' The Reference. 
 
 To all to whom tbefe prefents fliall come, George 
 
 Graham, oi- , and Joseph Jones, of , clerk y 
 
 adminiftratorofthe goods, chattels, rights and credits 
 
 oi Thomas Jones, late of , deceafed, fend greeting : 
 
 Whereas bv articles of cp-partnerfliip bearing date on 
 or about the day of --^— , which was in the year
 
 A W A R D. 20T 
 
 of our Lord • -, and made, or mentioned to 1;C made, 
 
 between the laid Thojuas Jones oi" the tirll part ; the 
 laid (horgcGrabani, ot the fecond part ; and Charles 
 
 Jones, ol" ekleli: ion of the laid Thomas Joms, of 
 
 the third part : it is witneiled, tluit lor tiie eonlldera- 
 tions tliertin mentioned, they the fuid parties thereto 
 dici ix-eome, -c-'X ./.rec > eoniinue pattneis and'joir;t 
 traders lo.Leii <- -, •■ '■.- -''. trade, m}llerv, oi buh; tfs 
 of an aputbcca.yy irom tiie day of the daie thereol' for 
 and dunny; tlieir ji^'.it lives, ait'j 'die joint lives of the 
 two of the laid three w'aieli ihouid liapjen lo larvive i 
 
 And that fioni i;ri(i iii'ier the day of , ^\hich 
 
 ihould be in tl.e yeai of onr Lord • — , thty tl^e faicl 
 parties fliouici caeh ol'tiKn\ iuive a fevcial lii^l't. ii.te- 
 reil and propc rty in ai ci to ore luil third poit ef the 
 lloek and utti)l".,s in ttiiCc. wl/'xh fiiould belong to the 
 faid partnerfliip, and in and to the incrtafe and iraiii 
 tliat ihould grow or ariie by '.he mear.s of the faid joint 
 trade : And it was h\ the fan)e artieles, amongft od er 
 things, declared and agreed by and betv een the laid 
 parties thereto, that when and lb often iis any cor trover- 
 fv, difierence, or quellion, fliould ha^jpen or arife be- 
 tween tlie iaid parlies, tlnir executors, adminilbalors 
 oralligns, or any of tl^.em, touching or corccrning the 
 faid partneifliip or the joint iloek or trade thereof, or in 
 refpecl of any matter or thing r.ot dicrcl\v fully deter- 
 mined, fet down, explained or declared; then and \\\ 
 every fuch cafe before any fuit in law or equity flioukl 
 be commenced, each of the laid pai ties aiid his execu- 
 tors, adminiftrators and afligns, Ihould refer the con- 
 fideration of every fuch eontrcveify, diftereiice anci. 
 quellion, to two dilcreet and indifferent j^erfons, to be 
 named and appointed by the parties fo contending, ^\ ho, 
 fliould hear and determine the feme ; and in dt fault of 
 tlieir determination and aA\ard il-erein, lliould have 
 ])Owe>f to eledl and make choice of a third pcifon for 
 imipirc, who alone ihoukl hear and determine fuch coa^
 
 50B A W A R D. 
 
 troverfy, difference and qiieftion ; and whatever awartl 
 touching or concerning fuch controverfy, diuerence, 
 andqueilioii fnouid be made and delivered, or given up 
 in writing, ir.dented, under tiie hands and feals of facii 
 arbitraiorb within fc^icnty days next after their ele^\ion, 
 or under the hand and feal of fuch umpir<i within teii 
 days next afier his eleclion, each of the feveral parties 
 thereto, and his and their executors and adminilbators 
 refpeclively, faould w-eil and truly abide by, Hand to, 
 keep, accomplifii, perform, and fulfil, without any 
 trouble w hatfoever, as in and by the faid in part recit- 
 ed articles, relation being thereto had, may appear. 
 And whereas the faid Charles Jones, departed this 
 
 life, intellate, on or about the day of—, which 
 
 was in tl.e year of our Lord , but no letters of 
 
 adminiftralion have yet been granted of his eftate and 
 efre6ls : And whereas the faid Thomas Jones, alfo de- 
 parted this life on or about the day of , which 
 
 was in the faid year , having duly made and pub- 
 
 lifbedhis luit will and teilament in writing, with a co- 
 clicil thereto, and appointed his wife Hcnr'ietta Jones^ 
 foleexecntrix thereof, who dying in the life time of 
 the faid Thos. Ji?;2£'5,adminiiLration of his cfiate and ef- 
 fe6ls,.with his will & codicil annexed,'hath been duly 
 
 granted by the rcgiller of county, to hisfon the 
 
 faid Joseph Jones : And whereas differences have a- 
 rifen betv^'cen the faid George Graham, "and tlie faid 
 Joseph Jones, as adminiilrator of the faid Thomas Jones 
 
 as aforefaid, with regard to a demand of dollars, 
 
 made by the faid George Graham, for the charge and 
 
 cxpenfe of his keeping sundry horses feveral years be- 
 
 'tifore the deceafe of the" faid Charles Jones, in order to 
 
 perform the faid co-partneril:iip bufinefs ; and likewife, 
 
 as to a demand of dollars, made by the faid George 
 
 Graham, for the expenfeofhis keeping sundry horses 
 after the deceafe of the faid Charles Jones, to the
 
 A W A R D. 209 
 
 flcarii of the faid77Joy. Jones*. Now therefore know ye, 
 that wc the {diiXGcor^c Graham 2lV\(\ Joseph J ones M\x\-& 
 nominated and appointed, and by thelcprclcnts do no- 
 minate and appoint Henry Higs^ ot , and Mat- 
 thew Maine, of , tw o dilcreet and indifferent per- 
 
 fons to be arbitrators between us, to whom we. refer 
 the coufideration of the faid difttrences, to hear and 
 determine the fame. In witnefs, &c. 
 
 The Election of an Umpire. 
 
 To all to whom thefe prcfents fliall come, we Henry 
 
 Higs^ of , and Matthew Maine, of , fend 
 
 greeting : Whereas [^here were inserted the same re- 
 citals as in the Reference as far as^^ when the present 
 deed proceeded as follow s~\, which faid differences were 
 referred by the faid George Graham and Joseph Jones, 
 to the conlideration of us the {a\(\ Henry Higs and ]\Iat- 
 thew Maine, to hear and determine the fame, and we 
 not being able to compromife and determine fuch dif- 
 ferences,havetherefore elected and made choice of,ancl 
 by thefe prefents do ele6l and make choice of Thomas. 
 
 T'rueman, of , for umpire, to hear and determine 
 
 the faid differences between the faid George Graham 
 and Joseph Jones, In witnefs, &c. 
 
 The Award." 
 
 To all to \vhom thefe prefents fliall come, Thomas 
 
 Trueman, of , apothecary^ fendeth greeting : 
 
 Whereas \jDere were inserted the same recitals as in 
 thejirst decd'\. And whereas differences have arifeii 
 between the laid George Graham and the faid Joseph 
 Jones^ as adminillrator of the faid Thomas Jones, as 
 aforefaid, with regard to a demand oitvjo hundred ^oU 
 
 [27]
 
 210 A W A R D. 
 
 lars, made by t]ic Jaid George Grabajn, for tlic eliarge 
 and expenle of his keeping sundry horses^ feveral years 
 before the deceafe of the faid Charles J ones , in order 
 to perform the laid co-partnerfliip bidinefs ; and likc- 
 ^vife as to a demand o^ forty dollars made by the faid 
 George Graham^ for the expenfe of his keeping sundry- 
 horses after the dccenfe of the faid Charles Jones ^ to- 
 the death of the faid Thomas Jones ^ which faid differ- 
 ences have been referred by the faid George Graham 
 and Joseph J ones ^ to the confideration ol Henry Higs^ 
 
 cf , and Mat the^c: Maine ^ of , two di-fcreet and 
 
 indifferent perfons named and appointed by the faid 
 George Graham and Joseph Jones^ to determine the 
 iiime : And whereas the faid two arbitrators not being 
 able to compromife and determine the faid differences. 
 
 did, on the day of , ele6\ and make choice 
 
 of me the laid Thomas Trueraan^ for umpire to hear 
 5ind determine the fame : Now therefore know ye, that 
 3 the laid Thomas Trueman^ having fully confidered all 
 matters relating to the premifes, do by this my award, 
 and umpirage, aivard, order, decree and adjudge, that 
 the faid George Graham^ his executors, adminiftrators 
 or afligns, flTall be paid and allowed the fum of one 
 hundred and sixty dollars, by and out of the eftatc and 
 cffe^ls in co-partnerfiiip between the faid Thomas 
 Jones ^ George Graham^ and Charles J ones ^ at the time 
 of the deceafe o^ the faid Charles Jones ^ in full payment, 
 fatisfac\ion and difcharge of and for all monies, debts, 
 and demands due or ovv'ing unto the faid George Gra- 
 ham, by the fiid partners in co-partnerfliip, in refpect 
 ©f his being at the expenfe cf providing and keeping 
 sundry horses^ to attend the faid co-partnerfliip bufi- 
 3iefs previous to the deceafe of the faid Charles Jones - 
 And I do hereby award, order, decree and adjudge, 
 that the faid George Graham^ his executors, admini- 
 ilrators or affigns, fliall likewife be paid and allowed 
 the fwLip. oi forty dollars, by and out of the. eilate and ef-
 
 , A W A R B. 211. 
 
 Jects inco-partnerfhip, I;ct\vccn him and the faid Tho- 
 9>ias Jonesy at the tinic ci" the dcceale oi" the iaul 'J'/jo- 
 4iias Junes, in iull pa}iuent, latisfaction, and dilcharge, 
 of and lor all monies, debts, and demands, due or ow- 
 ing to the laid Gcor:(C Grabam., in relpeCl oi his being 
 iit tlie expenle of pros idint^ and keeping sundry hgrses^ 
 to attend the faid eo-partnerihip buiinefs, from the de- 
 -ceafe of the faid Charles Jones, until the death of the 
 laid Thomas Junes, In witncfs, ^c. 
 
 By three Arbitrators. 
 
 To ail to whom this prefcnt writing of award indent ' 
 cd Ihall come, ^\■e Abel Bell, Caleb Doe, and Enoch 
 Fey, fend greeting : Whereas divers controverfies and 
 debates have been, and yet are depending between 
 inks Hone and Innis Key, for the appcafing and deter- 
 mining wheieof, the faid parties have fubmitted them- 
 Jelves, and are become- bound, each to the other, by 
 
 their feveral ol:)ligations, bearing date the day of 
 
 , in the fiim of , widi conditions thereunder 
 
 written for the performance of the award, arbitrament, 
 determination and judgment of us, the faid Abel Belly 
 Caleb Dqc and Enoch Eey, arbitrators indifferently 
 ele<S\ed and chofen, as well on the part and behalf of the 
 (aid Giles lione, as on the part and behalf of the faid 
 Innis Key, to award, arbitrate, determine and judge, 
 of and concerning all and all manner of actions, fuits, 
 judgments, executions, accounts, quarrels, controver- 
 lies, treipalfes, dainajies and demands whaUbcver, had, 
 made, moved, commenced or depending between the 
 laid Giles Hone and Innis Key, fo as the faid award, 
 deienninution and judgment of us the faid Abel Belly 
 Caleb Doe, and Enoch Fey, of and concerning the prc-j 
 jnifes, be made and put in writing, under our hands
 
 212 AWARD. 
 
 and feals, on or before the day of , as by the 
 
 faid obligations and conditions thereof doth more fully 
 appear. Now know ye, that we the faid Abel Bell^ 
 Caleb Doc and Enoch Fey, arbitrators as aforefaid, 
 taking upon us the charge and burden of the faid award 
 and arbiirament, and having heard and undeiftood the 
 fayings and allegations of both parties, concerning the 
 premifes, and beuig minded to fettle unity and fritnd- 
 Ihip between them concerning the fame, do thereupon 
 'make and put in writing this our award, arbitration 
 and judgment between the faid parties, for and concern- 
 ing the premifes, in manner and form following, that 
 is to fay : Firft, we do award, arbitrate and determine 
 by theie prefents, that the faid Giles Hone, his heirs, 
 executors, or adminillrators, do and fnall pay, or caufe 
 to be paid unto the faid Inn'is Key, the fum of — — 
 dollars, and that upon payment thereof, each of them 
 the faid Giles Hone and Innu Key, fhall feal and fub- 
 fcri!)e, and as his feveral aft and deed deliver unto the 
 other of them, a general releale in writing of all mat- 
 ters, anions, iiiits, caufe and caufes of a6\ion, bonds, 
 bills, covenants, controverfies and demands whatfoever, 
 either of them hath, may, might, or in any wife ought 
 to have, againll the other of them, by reafon of the 
 matters aforefaid, or by reafon or means of any matter, 
 caufe or thing whatfoever, from the beginning of the 
 M'orld, unto the day of the date of the faid obligation : 
 And for the better atteflation and confirmation of this 
 award, we the faid arbitrators, have hereunto fet our 
 hands and feals, the day of , in they ear . 
 
 By Indorsement'. 
 
 We Abel Bon, and Caleb Doe, two of the arbitra- 
 tors within named, having taken upon us the burden 
 of the v/ithin arbitrament, heard the allegations of the
 
 AWARD. 2l( 
 
 parties, and deliberately confidered thereof, do make 
 this our award upon and concerning all and lingular 
 the matters and things to us referred, in manner iol- 
 lowing, viz. Firft, we do award and order, that the 
 within boundcn Enoch Frcy, Ihall and do, on or before 
 
 the day of next, by fuch deed or deeds as 
 
 the witliin named Giles Hall^ his heirs or afiigns, or 
 his or their counfcl, ihall advife, a\ ell and fufficiently 
 grant, convey and alfure unto the Hiid Giles Hally his 
 heirs and afiigns, forever, a certain meffuage, and 
 
 piece of ground, htuate in . And that upon the 
 
 execution of the faid conveyance, the fuid GiUs Hally 
 fliall pay or caufe to be paid unto the faid Enoch E'rey^ 
 the funi of dollars, and ihall alfo give fecuriiv by- 
 bonds and mortgage of the premifes, (if required) for 
 the payment of the fum of dollars, in manner fol- 
 lowing, to wit, &c. And lallly, we award, that all con- 
 troverlies fliall ceafe bet^^ ecn the parties, and that each 
 of them ihall fcal and execute a general relcafe, in 
 >r\ riting, unto the other of them, of all a6lions, fuits 
 and demands, to the day of the date of the within obli- 
 gation. In witnefs, &.c. 
 
 By an Umpire, 
 
 To all lo whom this prefent uriting of award indent- 
 ed lliall come, I, Abel B'lon^ of , fend greeting : 
 
 Whereas \rccitc the bond']. And whereas the faid ar- 
 bitrators did not make any award in the premifes, v ith- 
 in the time for that purpofe limited as aforefaid ; but 
 
 by w riting under their hands, dated the day of 
 
 now lall pall, did agree, that I, the faid AhelBion^ 
 
 (hould be the umpire concerning the lame. Now^ 8^c.
 
 214 A W A R D. 
 
 Upon a Rule of Reference ?nade at theTrlalof a Cause* 
 Whereas at n court of , held at , 
 
 tDii the day of , a caiifc came on then to be 
 
 tried, wherein Rion Fox of was plalntill",and/F/6//(? 
 
 tinman oi — , defendant, and on fuch trial, by confent 
 of both parties, their counfel and attornies, an order or 
 rule was then made, that the faid caufe, and aifo one 
 other caufe depending between the fame parties in the 
 court of commovi pleas, (l:iould be referred to Titus 
 ^Truemany Benjamin Jostle and A'atban Crook^ the 
 three foremen of the jury empannelled and fworn to 
 try the faid caufe, or any two of them, to hear and 
 determine all the faid differences, fo as the liiid Titus 
 "Truernan^ Benjamin Jostle and Nathan Crook^ or any 
 two of them, fliould make and publilh their award in 
 
 ■writing, on or before the day of next : 
 
 Kow we the faid Titus Trueman^ Benjatnin Jostle and 
 Nathan Crook, in purfuance of the faid order or rule 
 t)f reference, having heard both the faid parties, their 
 ailegations and anfwers, touching the matters in differ- 
 ence between them, and haviiTg thoroughly confidered 
 of the fame, do award, order and adjudge of and upon 
 the premifes, in manner and form. following : Firft, we 
 do award and order,that the faid7?io7«/^ox,(liali confent 
 
 that the fum of dollars paid by him into the h\<\ 
 
 court of common pleas, be received out of the faid court 
 by him the faid IFhitc Tinman^ to the proper ufe of 
 iiim theiaid White Tinman. Secondly, we do award 
 and order, that the find Rion Fo>c, fliall well and truly 
 pay, or caufe to be paid unto the faid JVhitc Tinman^ 
 
 ^thefum of dollars, on the day of next, 
 
 'at the houfc of Titus Rose, of , between the hours 
 
 of and of the clock of the fome day. Third- 
 ly, we do asvard aiul order, that the foid JFhite Tin- 
 
 fiian^ Ihall upon the receipt of the faid dollars 
 
 out of the faid court of common pleas, Jiiid on payment
 
 A W A R I). 215- 
 
 ©f the faid fiim of dollars, execute unto tlic Hiki 
 
 Jiion Fox^ a g-cneral rclcale of the matters to us refer- 
 red, and that the faid Rion Fox Ihall at the fame time 
 execute unto the faid IVh'nc Tinman^ the like ickafe. 
 In witnefs, &:c. 
 
 The nomination of an Umlnrc by two Arbitrators^ ivhsi 
 C9uld not conclude the D'ljj'crcnccs to ihem referred. 
 
 To all to whom this prefent v, riting of award indent- 
 
 ^d Ihall come, we Abner OUU tmd B'lon Youngs of » 
 
 fend greetiuj^ : Whereas Comely IVolf^ and Dainty 
 
 Daiiy^ of , by obIi_^ation bearini^ date the 
 
 day of , have bound tliemfelves reciprocally to 
 
 Hand to the award of us the faid Abner Old and Bion 
 Yming^ to be g-iven up in writin^^, relative to all dilier- 
 enees, depending between them on or before the day 
 of the date hereof, and in cafe no award iliould be made 
 by us on or before the faid day in concUifion of the 
 ])remifes, then to Hand to the final determination of 
 ibch peribn that Ihould l>e chofen um])ire by us tlx? faid 
 arbitrators, for the final concluiion of the prcmifcs to 
 
 be given up by the faifl umpire on or before the 
 
 day of , as by the faid obligation and condition 
 
 thereof more plainly m.ay appear: Now know ye, that 
 we the {-ciifX Abner Old and Bion }o//7?^^, arbitrators 
 aforcfiid, having not concluded and agreed upon the 
 prcmifcs to us referred as aforrfaid, and alfo defiring 
 that a full end and final conclufioii may at length be 
 made between the faid panics concerning the prcmi- 
 fcs, Do hereby, according to the pov er to us granted 
 ])y the faid obligation nominate, determine and ^\>- 
 
 Y)(j\nt James Ford, of , to be the fole and only 
 
 umpire in the premifes to conclude, end, determine, 
 and finally to finiili, all the matters, demands, and dif- 
 ferences in controNcrfy betvvccn the fuid parties, which
 
 !516 AWARD. 
 
 umpirage and final conclufion of the premifes fiiall be 
 given up by the faid James Ford^ in writing indented 
 under his hand and feal, ready to be delivered unto the 
 faid parties in eontroverfy at the fliop oiJohn Handy in 
 , on or before — --. In Witnefs, &:c. 
 
 District Return of an Election. 
 
 To the judges delegated from the different di{lri61:3 
 of the county oi Dauphin, to meet at the court houfe 
 in the borough olHarrishurgh. 
 
 At an eleftion held on Tuefday the day of 
 
 October Anno Domini, 180 , at the houfe of , 
 
 in the tovjnship of , in the county of Dauphin, 
 
 being the second ele6tion diftrift of the faid county 
 on clofmg the poll and counting the votes it appeared 
 that for 
 
 Governor. 
 A. B. had two hundred votes 200 
 
 Reprefentatives in Congrefs. 
 C. D. had two hundred liotes 200 
 
 E. F. had one hundred and ninety 'uotes 190 
 
 Senator. 
 G. H. had one hundred and ninety -four 'uotes 194 
 Members of the Houfe of Reprefentatives, 
 J. K. had, &c. 
 
 L. M. had, &c. 
 N. O. had, &c. 
 
 P. Q. had, &c. 
 R. S. had, &:c. 
 
 T. U. had, &c. 
 V. W. had, &c. 
 
 Sheriff. 
 Coroner.
 
 AWARD. ojj 
 
 Commiflloner. 
 X. Y. had, he. 
 
 Dire^or of the poor. 
 
 A. Z. had, &c. 
 
 Auditors. 
 
 B. A. had, he. C. L. had, 8cc. K. R. had, &c. 
 In teflimony w hereof wc the judejes of faid diih-i^l 
 
 have hereunto fet our hands the faid day of Oclo- 
 
 ber, Anno Domhii, 181 — 
 
 Q. P. 
 
 S. R. 
 
 U. T. 
 
 KT* For the return of infpe6lor, previoufiy to thie 
 general election, fee Graydou's Juilice, p. 8y. 
 
 County Return of Reptresetitathes in Congress^ 
 
 To the judges deputed from the counties of Dauphin^ 
 Cumberland^ lyFifflin and Hniningdon., to meet at the 
 houfe now occupied by JVilliam Sterrety in Mifflin^', 
 tawny in the county oi Afiffl'uu 
 
 We the fubfcribers, judges of the ele6lion, held in. 
 the feveral diilricts of die county of Dauphin^ on tho 
 twelfth inllant, (it being the fecond Tuefday in Oci:o- 
 ber, Anno Domini 181 — ), to wit, A, B. one of the: 
 judges of the fnit djilri6l ; 6*. /). one of the judges o£ 
 the fecond diflriii); ; E. F. one of the judges of thc! third 
 diftri6\ ; G. H. one of the judges of the fourtli dillridl, 
 %^c. \_one judge from each districts according to the 
 number of districts in the county']^ being met together 
 at the court houfe of the faid county, and having care- 
 fully examined the returns of the faid feveral dilbi6ls, 
 and enumerated and added together the votes therein 
 contained, do certify, that at the faideleclion *.he votes 
 for reprefentatives in the congrefs of the united Hates, 
 ^^)pcar to be as follows, viz. 
 
 j: 2» ]
 
 218 A W A R D. 
 
 For J. K. eleven h u fid r e d \oics llOO 
 
 For L. M. 7iine /hundred votes 900 
 
 For N. O. seven hundred \oics 700 
 
 For P. Q. one hundred votes iOO 
 
 In tcftlniony whereof we have hereunto fet our hands 
 2iimiti\\^ i\\t fifteen th day ofOclober, A. D. 181 — . 
 
 C. D. *.Vr«/.* A. B. *'S,;o/.# 
 
 * * * * » * * # 
 
 Cr. ri. *'!)Vft/.* F,. F. #AVfl/.« 
 
 Sec. S;C. 
 
 iCj" See postea the general return of the difcri^l, 
 compofed of the counties of Dauphin^ Ciunberland^ 
 Mifflin and Huntirigdon, 
 
 County Meturn of Senators. 
 
 To the judges delegated from the counties of York and 
 AdamSy to meet at the court houfc in the borough 
 of York, 
 
 We the fubfcribers, judges of the election held in 
 the feveral diflricls of the county of York^ on 
 the twelfth inilant, (it being the fecond Tuefday in 
 06lobcr, Anno Domini 181 — ), to wit, A. B. one of 
 the judges of the firil diftri6"l ; C. /). one of the judges 
 of the fecond dittrift ; E. F. one of the judges of the 
 third di{lti6\; G. H, one of the judges of the fourth 
 diftricl, 8?c. [one judge from each district^ according to 
 the number of districts ifi the zounty^^ being met to- 
 ther at the court-houfe of the faid county, aad having 
 carefully examined the returns of the faid feveral dif- 
 tri£ls, and enumerated and added together the votes 
 therein contamed, da certify that at the faid elcclion^ 
 the votes for fenators appear to be as follows, to wit :,
 
 c. 
 
 * » 
 
 G. 
 
 » » « 
 
 H. *Seal 
 
 
 « * « 
 &C. 
 
 AWARD. 219 
 
 For J. K. one tbousaiul . ^ 1000 
 
 For L. JNl. liiiic hundred 900 
 
 For N. O. scutn hundred 700 
 
 For P. Q /our hundred 400 
 
 In teftimoiiy whereof we have hereunto fet our hands 
 and Icalb thi^Jiftecnth day of October, A. D. 131 — 
 
 A. .B *^<^uC 
 
 «t » * 
 -:k * * 
 
 |0" See postea the general return of the dillricl com- 
 pofed of York and Adams counties. 
 
 General Election Returns. 
 Of Go\}ernor. 
 
 To the honoral)Ic the Speaker of the fcnate of the com- 
 monwealth of Pciniiyivania. 
 
 We the fubfcrlbcrs, judges of the election held in 
 thefeveral diilnC^s of the county of Daupbuu on the 
 tivelftb inlhmt (it being the lecond'rutfduy mO(?lolx r. 
 Anno Domini 181 — ) lo uii, A. B. one of the judges 
 of the full dillria ; C. D, one of the jud:j;cs oi'the fe- 
 cond diftri^l ; E. F. one of the judges of the third dif- 
 triQ ; G. H. one of the judges ofthefourth dillricVAc 
 [one judge from each district^according to the number of 
 districts in the <:o;/;ji'v]lxingmet together at tliccourt- 
 houfeof thefaid county, & havingcarcfuUy examined the 
 returnsof the faid feveVal diftric\s,&enumeratedand ad- 
 ded together the votes tiiereiii contained, do certify, that
 
 22(1 AWARD. 
 
 at the faid ele6lion, the votes for a governor appear t» 
 
 be as follows, viz. 
 
 For K. S. twelve hundred andjifty-fve "votes^ 1255 
 For J. K. three hundred and se'Dcn'uotcs 307 
 
 In teiliniony Vv hereof we have hereunto fet our handg 
 
 andlcalb the 13th* day of October, AnnoDonnni 181 
 
 CD. ,&a/* A. B. *6rc/.« 
 
 * * * % «««* 
 
 «*■*» „.„*•** 
 
 G. H. *6'ea/.# £. F. *Seal.* 
 
 &c. Scci 
 
 Of Representathes in Congress. 
 
 To his excellency S» S. efquire, Governor of the 
 commonwealth of Pennfylvania. 
 
 We the fubfcribers, judges of the eledlion held in 
 the diftri^l: cumpofed of the counties o^ Dauphin, Cum- 
 berland, Mifflin and Huntingdon, on the twelfth in- 
 ilant, (it being the fecond Tuefday in October, An- 
 no Domini 181 — ), to wit, A. B. one of the 
 judges of Dauphin county ; C. D, one of the jud- 
 ges of Cumberland county ; E. i% one of the judges 
 g{ Mfflin county ; and G. H. one of the judges of 
 Huntingdon county, being met together at the houfe 
 now occupied by William Sterret, in Mifflintoivn, in 
 the county of Mifflin, and having compared and call 
 lip the returns of the faid feveral counties, do certify, 
 that at the laid electicA the following named perfons 
 •appenj to have been duly elected reprefentatives in the 
 
 * Fomierly, in Pennsylvania, the general returns were maclc up 
 *n Satuvclay. " the fourth day after the clay of election ;" but by act 
 of assembly passed March 17, 1806, (vol. VII. 484.) " all township 
 •lections aiid meetings of return judges of the general elections, 
 "that now are directed by. law to be held on Saturday, shftU be holdc?? 
 Oil the Friday, iracietUately pregeclJLng.''
 
 A W A U D. 221 
 
 congrefs of the United States for the diflrict aforefaid, 
 to wit : 
 
 J. K. having three thousand six hundred votes 3G00 
 L. M, hvi\un^ three thousand tivo hundred 'uotcs 5200 
 
 III tcftimony whereof ^^e have iK-reunto fet our lv\nds 
 and feals the — day of October, Anno Domini 180 
 
 C. D. ,6W* A. B. *'Vr'c/. » 
 
 # #« * # » » * 
 
 G, H. *^cai,* h. F. *^>«/.^ 
 
 tcr Such returns (i. e. where two or r.iore conn- 
 ties compofc a dillric\) are within the Ipace of ten 
 days after the election, to be deHvered by the judges 
 to the Iherift'ofthe county in which they lliall be con- 
 vened, who Ihall within thirty days after faid election, 
 deliver or fafely tranfmit the fame to the governor. 
 The judges lliall alfo caufe a duplicate to be depo- 
 fited in the prothonotary's oflice of fame county, bee 
 vol. V. Aas, 145, 
 
 0/ Senator. 
 
 To the honorable the Senate of the commonwcaUh of 
 Pennfylvania. 
 
 We the fubfcribers, judges of the ele6tion, held ia 
 thefeveral diilrifls of the county oi Dauphin, on tho 
 fcoelfth inflant, (it being the fecond Tucfday in Octo- 
 ber, Anno Domini IS I — ), to wit, yf. B. one of 
 the judges of the firft diltrict ; C. D. one of the judges 
 of tile fecond diftrict ; E. F. one of the judges of the 
 third diftrict ; G. H. one of the judges of the fourth 
 diilrict, 'i^c. \one judge from each district, according 
 t^ the numlier ofdistncts in the county,'] being met to-
 
 222 A W A R D. 
 
 gcther at the court-houfc of thefaid county, and hav- 
 ing carefully examined the returns of the i\u'J feveral 
 chllricts, and enumerated and arlded to.i^ethtr the votes 
 therein contained, do certify, that at the faid elec.ion, 
 thf following named perfon appei^rs to have been duly 
 elected Senator for the faid county, to wit : 
 
 P. S. he \\Viv'n-)^one thousand Jiijc hundred liotcs^ 1500 
 
 In teilimbny whereof, we have hereunto fet our himds 
 and fealb the fifteenth day of October, Anno Domini 
 
 181— 
 
 C. D. #'Vm/# A. B- *.A-a/« 
 
 J^ -SK ^: TT^ ;m. at 
 
 G. H. *.'^v./.* E. F. *i-/. 
 
 Another. 
 
 To the honorable the Senate of the commonwealth of 
 Pennfylvania. 
 
 We the fubfcribers, judges deputed from the coun- 
 ties of Tork ?iW^Adams^ to meet at the court-house in 
 the borough of York^ for the purpofe of making a gen- 
 eral and true return of fenators for the diftiict compof- 
 ed of the counties aforelliid, being met together at the 
 faid court-houfe, and having carefully examined and 
 call up the feveral county returns of the election held 
 
 on Tuefday the -day of October inftant, do certify, 
 
 that at the faid election, the following perfons were 
 duly elected fenators for the dillrict aforefaid, that is to 
 
 J. li. he having tv:ehe hundred votes 1200 
 
 Zj' M. he having eleven hundred votes 1100 
 
 In tejlimony whereof we have hereunto fet our hands
 
 AWARD. 223 
 
 and feals, the day of October, Anno Domini 
 
 181— 
 
 CD. ».V^«/., B. k. *.Vta/.- 
 
 Id* This hitter return applies \\hcre two or more 
 eouiities compolc a clillrict. 
 
 Of Rcprcsrntathcs. 
 
 To the honorable tlie Houft of P.eprefentatives of thq 
 cunimoiiweallh ol Pennlylvania. 
 
 We the fubfcribers, judges of the eledlion held \\\ 
 the feveral diftricls of the county of Dauphin^ on the 
 tiDclfth inttant (it being the fecond '1 uefday in Octo- 
 ber, i 81 — ) to wit, A. B. one of the jucigcs of the full 
 diilrifl ; C D. one of the judges of the fecond dif- 
 tricl ; E. F. one ofthe judges of the third diftri8: ; G, 
 II. one ofthe judges ol the foi.rih dilbict, 8;c. [one 
 judge from each district accoraiiig to the mnnber of 
 districts in the county'\ being met together at the 
 court houfe of the faid county, and having carefully 
 examined the returns of the iaid feveral difu i(S\s, and 
 enumerated and added together the votes therein con- 
 tained, do certify, that at the faid eleirMon the follow- 
 ing iiamed perfons, being the three highcll in votes, 
 appear to have been duly elccled members ofthe houfe 
 of reprefentatives for the faid county, to wit : 
 
 /. K. having twelve hundred \o\ts 12C0 
 
 L. M.\\^\'w\^ eleven hundred \otzs 1100 
 
 J/. N. \\^\\\\^nine hunih-ed \o\QS 900 
 
 In tedimonv whereof we ha\e hereunto fet our hands
 
 224 A W A R D. 
 
 and feals i\\t fifteenth day of October, Anno Domini 
 181— 
 
 * * * :^ 
 
 C. D. *.SeaL* A. B. ^Seai 
 
 * * * «■ 
 
 * * * » 
 
 G. H. -^Seal.^ E. F. ^Seal. 
 
 Of Sheriff ^ 
 
 To jV. -5. ^. efqiiire, Secretary of the commonwealth 
 ofPennfylvania. 
 
 We the fubf:ribers, judges of the ele6\ion held in 
 the feveraldiftrictsof the county of Dauphin^ on the 
 twelfth inftantCit being the fecond Tuefday in O6lo- 
 ber, Anno Domini 181 — ) to wit, A. B. one of the 
 judges of the firll diftricl ; C. D. one of the judges of 
 the fecond dillricl ; E. F, one of the judges of the 
 third diftrict ; G. II. one of the judges of the fourth 
 diftriiSl, &:c. [one judge from each district according 
 to the number of districts in the county~\ being met 
 together at the court houfe of the faid county, and hav- 
 ing carefully examined the returns of the faid feveral 
 diflrifts, and enumerated and added together the votes 
 therein contained, do certify, that at the faid eleftion, 
 the following named perfons, being higheft in votes, 
 appear to be duly elected flierifts for the faid county, 
 to wit : 
 
 J. K. having twehe hundred votes 1200 
 
 L. M. having ten hundred and fifty votes 1050 
 
 In teftimony whereof we have heremito fet our hands 
 and feals ilief fteenth day of October, Anno Domini 
 181— 
 
 C. D. .Seal, A. B. ^SeaL* 
 
 Cr. H. *Seal.^ £4 F. *5'^^/.*
 
 A W A R D, o^ 
 
 Of Coroner, 
 
 1*0 A*. B. B. efqiiire. Secretary of the common\j'ealtI> 
 of Pciinlylvania. 
 
 We the fubfcribers, judges of the election held In 
 the fevcral dilhicls of the county of Dauphin^ on iho 
 twelfth inftant it being the fccond Tucfclay in 06lo- 
 ber, Anno Domini 18 L — ) to wit, A. B. one of the 
 JLidgesof the lirst dillricl ; CD, one of the judges of 
 the fecond dillricl ; E. F» one of the judges of thes 
 third di{lri6l; G. II. one of the judges of tne fourth dif- 
 tridl, &.C. \one judge from each district according ta 
 the number of districts in the county~\ being met to* 
 gethcr at the court-houfe of the faid county, and hav- 
 ing carefully examined the returns of t'le faid fcveral 
 diftricls, and enumerated and added together the votes 
 therein contained, do certify, that at the faid election, 
 the following named perfons being higheft in votes, 
 appear to be duly elected coroners for the faid coun- 
 ty, to wit : 
 
 J. K. having tivehve hundred votes 1200 
 
 L. M. having ten hundred and fifty votes 1050 
 
 In teflimony whereof we have hereunto fet our hands 
 and feals x\\t^ ffteenth day of October, Anno Domini 
 181— 
 
 C. D. *Scal.» 
 « « * » 
 
 * • • » 
 
 A. B. uSeal.^ 
 « # k •. 
 
 ^ TT « « * • 
 
 £. F. *Seal\ 
 
 » » » « 
 
 • » • • 
 
 Of Commissioner^ 
 
 To jf, B, efquire, Clerk of the court of Quarter Sc^ 
 fions of the county of Dauphin* 
 
 r.29j
 
 225 A W x\ R D. 
 
 We the fubfcribers, judges of the eleftion held in 
 the feveral dillritfis of the county of Dauphin^ on the 
 HMclJth inftant(it being the fecond Tuefday inOclober, 
 Anno Domini 181 — ) to wii, A. B, one of the judges 
 of the firil diflrid ; C. /). one of the judges of the fe* 
 Cond diilri61 ; E. F. one of the judges of the third dif* 
 trift ; G. H. one of the judges of thefourthdiIlricl,&c. 
 \o7iejudgefroriieacb district^according to the number of 
 districts in the coz/wi^_)'] being met together at thecourt- 
 houfeof thefaid county, & havingcarefully examined the 
 returnsof the faid feveral diftri6ts,& enumerated and ad- 
 dedtogether the votes therein contained, do certify,that 
 at the faid election, the following perfon being highelt 
 in votes, was duly elected commiflioner for the faid 
 county, that is to fay : 
 
 J. K. having nine btmdred and seven 'votes 907 
 
 In teflimony whereof we have hereunto fet our hands 
 andfeals the 15 th day of 0(Stober, Anno Domini 181 — 
 
 CD. *&-eaU ' A. B. ifi^cal.* 
 
 G. H. * ScaU E. F. « Seal.* 
 
 # » * * 
 
 &c. &c. 
 
 Of Director of the Poor. 
 
 ^fo /. B, efquire Clerk of the court of Quarter Sef* 
 iions of the county of Dauphin^ 
 
 We the fubfcribers, judges of the eledion, held m 
 .the feveral diftri^ls of the county of Dauphin^ on the 
 twelfth inftant, (it being the fecond Tuefday in Oclo- 
 bcr, Anno Domini 181 — ), to wit, A. B. one of 
 the judges of the lirft diftri^ ; C. D, one of the judges
 
 A W A R D. 227 
 
 of the fccond cliflri6\ ; E, F. one of the judges of the 
 third dillrict ; O. II. one of the judges of tlie fourth 
 diftriet, ^c. [^one judge from each district^ according 
 to the number of districts in the county,'] being met to- 
 gether at the court-houfe of the faid eounty, and hav- 
 ing carefully examined the returns of the faid feveral 
 diilricts, and enumerated and added together the votes 
 therein contained, do certify, that at the faid election, 
 T. B. was duly cle6\ed a director of the poor and of 
 the houfe of employment, for the faid county, he having 
 ^five hundred votes. 
 
 In tellimony uhereof, we have hereunto fct our hands 
 and leals the fifteenth day of October, Anno Domini 
 181— 
 
 C. D. #'SVc/.* A. B. *6Vfi/.« 
 
 G. H. *'SVc/» \.. F. *5'-/.» 
 
 « * « « 
 
 * * 
 
 Of Auditors, 
 
 To y. B. cfquire, prothonotary of the county of Dau- 
 phin,. 
 
 We the fubfcribers, judges of the ele6\ion held in 
 the feveral di{lri6\s of the county of Dauphin, on the 
 /•TycZ/'^/jinftant (it being the fecond Tuefday in October^ 
 A. D. i 81— ) to wit, A.B, one of the judges of thefirft 
 diflri(St ; C. D. one of the judges of the feoond dif- 
 tric\ ; E. E. one of the judges of the third dillrict ; G. 
 //.one of the judj^es of the fourth diftridt, &c. \one 
 judge from each district according to the nutnber of 
 districts in the county'] being met together at the 
 court houfe of the faid county, and having carefully 
 examined the returns of the faid feveral diilri^ls, ancl
 
 m AWARD. 
 
 enumerated and added together the votes therein con- 
 tained, doceriily, ihatav the faid tkC'iion the follow- 
 ing named peribns, being ihe three higheft m votes, 
 ^Were duly elected auditors for the laid cruLiy, to wit : 
 
 i\7. 0. having se'ven hundred votes 700 
 
 JP. Q. having six hundred votes 6G0 
 
 R, S^ having Ji'oe hundred voles 600 
 
 In teftimony whereof we have hereunto fet our bands 
 and feals \X\^ fifteenth day of October, Anno Dcmini 
 181— 
 
 * * * % 
 
 C. D. *Seal.* 
 
 * * * * 
 A. B. ^SeaL* 
 
 » * # * 
 
 * *■ * » 
 
 * * * * 
 G. H. *Seal.* 
 
 E. F. ^Seal.it 
 
 ■ * * * * 
 
 « * * y 
 
 |Cr It fliall be the duty of the prothonotary, to in- 
 form the auditors of the time of their meeting annually 
 (firft Monday of January) at leaft ten days previous 
 thereto. See IX. vol. acts, 42. 
 
 Of Electors^ 
 
 To A^. B, B. efquire, Secretary of the commonwealth 
 of Pehnfylvania* 
 
 We the fubfcribers, judges of the ele6lion held in 
 the feveraldiftri6\sof the county of Dauphin^ on Fri- 
 
 clay* the day of , to wit, A. B. one of the 
 
 judges of the firft diftrict ; C. D. one of the judges of 
 the fecond diftri6\ ; E. F. one of the judges of the third 
 diftria ; G. H. one of the judges of the fourth diftria, 
 
 » The election is to be held on the fifth Friday preceding the 
 Erst Wednesday in December 1 804, and in every fourth year thei^ 
 ^fter. V. vol. acts, 33.
 
 A W A R D. 220 
 
 oV. [^one jttd(re from e-jch district, accord'm^ to the 
 ruinibct oj districcs in the coiinly'^, being ip.ei togL-ther 
 at the court houle of the laid count}-, and luwinj^ c;irc- 
 fully examined the returns of the Hiid ieverai diihids, 
 and enumerated and added toi^ether the votes therein 
 contained, do certify, that at ihe faid cletSlion, thevoies 
 for electors of a prefident and vice-prc Iident of the Uni- 
 ted States appear to be as follows, that is to fay : 
 
 For ./. K. tTcchoe hundred votes J 200 
 
 L. J\I- eUiicn hundred votes IICO 
 
 M. N. nine hundred votes - 900 
 
 O. /*.* eight hundred votes 800 
 &c. &c. 
 
 In teftimony whereof vre have hereunto fet our hands 
 and feals the day of , A D. 131 — . 
 
 »♦** ^^^« 
 
 C. D. *iVfl/.» 
 
 * » » » 
 « * * * 
 
 G. H. * iical.* 
 » « • * 
 
 &c. Sec. 
 
 IC7*The Monday next after the election, the general 
 return is to be made up, at the coui t-houfe : two copies 
 are to be delivered to the prothonotary, one to be filed 
 in his office, and the other witlun two days after to be 
 depofited in the neareil pofl-office for the fecretary of 
 the commonwealth ; a third copy is to be delivered to 
 the flieriff, who Ihall within fourteen days after the 
 election by himfelf or his deputy, deliver the fame to 
 the governor. See V. vol. acts, 32. 
 
 * The number voted for must be equal to the -whole number of 
 senators and representatives to which the state may be entitled in 
 the congress. See Const, of U. S. art. II. \'. vol. acts of Pcpn. 
 52, 
 
 A. 
 
 B. ^Stal. 
 
 
 • » » 
 
 E. 
 
 * *■ * 
 F. «6Va/. 
 
 
 » » «
 
 ^30 BARGAIN anh SALE. 
 
 See acts vol. V. G69 and VIII. 291, refpccting the 
 forwarding returns to the fecretary of the common- 
 veahh, &.C. 
 
 For a return of the election of conflahle, fee 
 Graydon's JuHice p. 81. Of alfefibrs, fee ibid. p. 63. 
 
 Various other returns will be found under *' Pro- 
 cefs," Vvhere it has been thought proper to p'ace them, 
 in order to prefcive a connected view of the proceed- 
 ings» 
 
 From the siir'vhirjg Assignee of a Bcvikriipt^ and the 
 Bankrupt to a Purchastr, 
 
 Thisindenture tripartite made the day of , in 
 
 the year of our Lord , betu ecu Joseph IVingJicId^ 
 
 cooper^ of , furviving aflignee of the eilate and ef- 
 
 fe6ls of Richard Smithy of , dealer in horses, a- 
 
 gainft whom a commiflfion of bankruptcy hath been 
 awarded, of the firft part ; the iliid Richard Smithy of 
 the fecond part ; and Richard Solly, o^ — , ?^jy/or,ofthe 
 third part: Vv^itneiTeth, That for and in confideration of 
 the fum of two thousand dollars, to him the faid Jo- 
 seph JVingfield, in hand paid by the faid Richard Sol- 
 ly, at or before the fealing and delivery of thefe prefents, 
 and alfo for and in confideration of the fum of one dol- 
 lar, to the faid Richard Smith, in hand alfo paid by 
 the faid Richard Solly, at or before the fealing and de- 
 livery of thefe prefentSj the receipt of which faid feve-
 
 BARGAIN AND SALE. 231 
 
 ral fums of tivo thousand dollars, and one dollar, the 
 faid Joseph IVingJicld, and the faid Richard Smithy 
 do hereb\icveral!} ackno\vlcdt!;e,and thcreofand 'd.ere- 
 from do ll veraiiy ac(p.iit, rtk-aie and dii'charge the laid 
 Richard SvUy^ his hciis, executors and adminiflrators, 
 and every n tlieni lor ever, by llicfe prelents, !i£ the 
 icaCiJoscph IFingfuld, and alio the laid Richard Srnith, 
 have, atKl each of them hath, bars^ained and fold, and 
 by ihcfe prefents do, and each of tlum doth, bargain 
 and fell unto the faid Richard Solly ^ and his heirs, all 
 that piece or parcel of grouiid, aiid all and firgi.jr o- 
 ther the mefTuages, lands, hereoifamenls and prenjifcs, 
 
 fituared in aforefaid, which uere bargained and 
 
 fold by the mijor part of the commiflioners in the faid 
 
 comniiffion naiiicd, to iMaHhew Scofcld^ of , in 
 
 the county of , carpenter^ (fmce deceafed. and the 
 
 faid Joseph IVingJiehU and tlieir heirs, and the rever- 
 fion and reverlions, remainder and remaindeis, yearly 
 and other rents, iifiies, and profits, of all and hngular 
 the faid meifuages, lands, hereditaments arid premifes 
 hereinbefore mentioned, or intended to be hertby bar- 
 gained and fold, and of every part and parce' :! ( 'cof ; 
 and all the ellate, right, title, intercll, ufe, pofitflion^ 
 property, benefit, ti ult, claim, and demand a\ hatfoever, 
 both in law and equity, of them the faid Jowph Wiv.g^ 
 fields and Richard Smith, or either of thtm, of, in, to 
 or out of the fame prcm.ifes, and every or any part or 
 parcel thereof, together \\\\\\ all deeds, evidences and 
 writings, touching or concerning the faid premifes, and 
 every or any part or parcel thereof, in the cufiody or 
 power of them the faid Joseph Tl'ivg^icld^ and Rich- 
 ard Smith, or either of them ; To ha\e and to hold the 
 faid meifuages, lands, liereditaments, and all and fmgu- 
 Jar other the premifes hereinbefore mentioned or in- 
 tended to be hereby bargained and fold, with their and 
 every of their appurtenances, unto the faid Richard 
 Solly y his heirs and afligns forever. In vvilDcfs, See.
 
 232 BARGAIN and SALE. 
 
 liTP He ;vho fells is called the Bargainor, and he 
 who buys is called tlic Bargainee. 
 
 Of Jjands. 
 
 This indenture made the day of , in the 
 
 year of our Lord , between Ainos BoaU of , 
 
 of the one part, and Caleb Doe^ of , of the other 
 
 part, witneileth, That the faid Amos BoaU for and in 
 
 confideration of the funi of dollars, to him the faid 
 
 Amos Boal^ in hand well and truly paid, the receipt 
 thereof is hereby acknowledged ; he the faid Amos 
 BoaU hath granted, bargained, and fold, and by thefc 
 prefents, doth grant, bargain and fell unto the faid Ca^ 
 teb Dbe^ his heirs and afligns, all thofe melTuages, ^c. 
 and alfo all trees, woods, underwoods, ways, water- 
 courfes, profits, commodities, advantages, heredita- 
 inents and appurtenances whatfoever, to the faid mef- 
 fuages, bV. above mentioned belonging, or in any wife 
 appertaining ; and the reverfion and reverfions, remain- 
 der and remainders, rents, iilues and profits of the faid 
 premifes, and of every part and parcel thereof; and all 
 the eftate, right, title, intereft, claim and demand what- 
 foever of him the faidyi;?2a? Boal^ of, in and to the faid 
 meffua^jjes, 'i£c. and j^remifes, and every part thereof : 
 To have and to hold the faid meffuages, ^c. and all and 
 lingular other the premifes above mentioned, and eve- 
 ry part and parcel thereof, with the appurtenances un- 
 to the faid Caleb Doe^ his heirs and alligns, to the only 
 proper ufe and behoof of the faid C^/(f3 Doe^ his heirs 
 and aifigns forever. And the faid Amos Boal^ forhim- 
 felf and his heirs, the faid meffuages ^c. and premifes, 
 and every part thereof, againft him and his heirs, and 
 againft all and every other perfon and perfons whatfoe- 
 ver, to the faid Caleb Doe^ his heirs and affigns, lliall 
 and will warrant and for ever defend by thefe prefents. 
 In witncfs, BV.
 
 BARGAIN AND SALE. 233 
 
 Bargain and Sale enroUeiL 
 
 This indenture made; the day of bcMvceri 
 
 Amos lioaly ot Liie one pari, and (4aU'b Do \ of tac oilur 
 part, witneilltii : 1 liat /or aiul in conli.Ieration oi'the 
 
 fuin of dolla!-s, lo the Wud Jmos Jlui/, in lia id, 
 
 well and truly |>aid, at or bc^'oie tlic k-aiini? and ilcliv- 
 ery of dicfc picfents, in full for the ablo utc purchafc 
 ol the iuheriia.ice n> fte fimple, of aud m all that trad: 
 or parcel of laiid vviih its apijurtenanccs, &c. hereinaf- 
 ter mentioued to i)e hereby bui^ained and f.)ld, the re» 
 cei;-t whereof he the faid Amos Boai, doth hereby ac- 
 knowltklge, and thereof, and from every part thereof, 
 doth acquit, releafe and (hfcharge the faid Caleb Doe^ 
 liis heirs, exeGUtors and adminiilrators, and every of 
 them for ever by thvfe !>refents, he the faid Amos Boaly 
 h.uh granted, bargained and fold, and by thefe prefents 
 doth grant, bargain and fell unto the faid Caleb Doe^ 
 his heirs and affigns all* that tra'il or parcel of land fi- 
 
 tuared in the county of , on the waters of , 
 
 and bounded as followeth, to wit : Beginning, &c. to- 
 gether with all and fingular the rights, members and 
 appurtenances thereunto belonging, and the reverhons 
 and remainders, rents, ifliies and profits thereof. To 
 have and to hold the faid tra6l or parcel of land, andi 
 all and fingular other the premifes hereby bargained 
 and fold, or mentioned or intended fo to be, with their 
 and every of their rights, members and appurtenances, 
 unto the fiiid Cahb DoCy his h/irs and afligns, to the 
 only proper ufe of him the faid Caleb Doe, his heirs 
 and afligns forever. And the fiid Amo<i Boal, and his 
 heirs fliall and will warrant and f.)r ever defend the 
 premifes aforefaid unto the faid Caleb DoCy his heirs 
 
 • If you wish to convey simply your own title, insert between the 
 words " all" and " thi'.t" the fo^lowini.': words ^' his nrhu nlht, 
 cUiim,i:itc"estattddoinAiid, of what ever name oriuturekt muy hcj j^ 
 in and to.'* 
 
 [30 3
 
 234 BARGAIN and SALE; 
 
 and afngns, againft all and every perfon and pevfons 
 ■\vhomfoevcr.-|- In witnefs, &c. 
 
 The same by Deed Poll. 
 
 To all people to whom tbefe prefents iliall come, 
 
 greetiiig : 
 
 Know ye, that I Amos Boal, for the confideration of 
 - dollars, received to my full fatisfa6\ion, of Caleb 
 
 Doe^ do ^ivc, grant, bargain, fell and confirm imto the 
 faid Caleb Doe^ all that tra6l or parcel of hmd, with its 
 appurtenances and improvements thereunto belonging, 
 
 fituatcd in the townOiip of in the county of , 
 
 together with all and fmgular the reverfions and rc- 
 jnainders, rents, iflues and profits thereof. To have 
 and to hold the above granted and bargained tracl or 
 parcel of land, with the appurtenances and improve- 
 ments thereof, unto him the laid Caleb Doe^ his heirs 
 and aiTigns forever, to his and their own proper life 
 and behoof. And alfo I the faid Ames Boal^ do for 
 myfelf, my heirs, executors and adminiftrators, cove- 
 nant with the faid Caleb Doe^ his heirs and affigns, that 
 at and until the enfealing of thefe prefents, I am well 
 feized of the premifes as a good indcfeafible eflate in 
 fee fimple ; and have good right to bargain and fell the 
 fame in manner and fjrm as is above written ; and that 
 the fiime is free of all incumbrances whatfoever. And 
 furthermore, I the faid Amos Boal do by thefe prefents 
 bind myfelf and my heirs, for ever to warrant and de- 
 fend the above granted and bargained premifes to him 
 the faid Caleb Doe^ his heirs and afligns againft all 
 claims and demands whatfoever. In witnefs whereof 
 
 I have hereunto fet my hand and feal the day of 
 
 ■ , in the year 181 — 
 
 t To avoid a generaj warranty, add the words "who may ot- 
 ^!i«ll clyiJifti &Qni; through 91' uad^r bw the said Amos Boal"_
 
 BAI^GAIN AND SALE. 235 
 
 Of a Frccbold Estate, to two Persona, in Trust for 
 one of the Panics alone ^ •\;jith a il'arranty from the 
 Bargainor, 
 
 This indenture tripartite, made the day of 
 
 -^ , between Thomas Ilall^oi ,'iX)ine merchant^ 
 
 of tiic firil part ; Eamund Gale, of \ distlllcr\ c^i 
 
 thj lecond part ; and Joseph Galc^ ol" , disiil- 
 
 U'\, brodicr of the Aiid Edmund Gale J o{\\\t third part, 
 wiiiicilcth, rhat tor and in confideration of the fum of 
 
 -7 dollars, by the faid Edmund GaU\ to the faid 
 
 Thomas Hall, in hand, at or before the fealin^ and de- 
 livery of ilicie prelenis, well and truly paid, in full, for 
 the abfolute pui chafe of the meiluages, lands, and tene- 
 ments hereinafter mentioned, to be hereby bargained 
 and fold ; the receipt whereof the faid Thomas Hall 
 doth hereby acknowledge, and thereof doth acquit, rc- 
 leafe, and for ever difcharge the faid Edmund Gale, 
 his heirs, executors and adminiilrators, by thefe pre- 
 fents ; and in confideration of the fum of o.vc dollar, by 
 the faid Joseph Gale, to the faid Thomas Hall, in hand 
 aifo paid, at or before the execution of thefe prefents, 
 the receipt wliereof is alfo hereby acknowledged, he 
 the faid Thomas Hall, hath granted, bargained and 
 fold, and by thefe prefents doth grant, bargain and fell, 
 unto the fuid Edmund Gale, and Joseph Gale, and the 
 heirs of the faid Joseph Gale, all that melfaage, tene- 
 ment or farm, with the out-houfes, edifices, buildings, 
 yards, gardens, and appurtenances thereunto belong- 
 ing, and alfo all thofe feveral clofes, inclofures, and par- 
 cels of ground to the faid meifuage or tenement be- 
 longing or appertaining, or therewith occupied and en- 
 joyed, containing togei her, by eflimation, acrcs» 
 
 or thereabouts, hereinafter particularly mentioned (that 
 is to fay^ one clnfe of pnfture ground adjoining to the 
 faid meifuage or tenement, containg Ijv eftunation, one 
 acre and ^luoperches, or thereabouts. and all thofe feveral 
 pieces or parcels of land Jyin^ difperfcdly in a-t
 
 256 BARGAIN and SALE. 
 
 forefuid,p.hereinafter particularly mentioned, that Is to 
 fay, &.C. and all othei ciic tVcchoiJ metluiigLb, laiidb, te- 
 nements, arid nercdit;ta;er»rs whailocvcr, oi him the iliid 
 I'/Jomas Hjlly or wiiereolor whcicin, iic or any other 
 pcrioi) orjKiibnb in trull lor hnn have or Jiuth any ei- 
 tate otheehold or inheriunice in poiVeflion, reve.lion, 
 rtmanidci or exp.ctar(Cy, lituate, 1} in^ and beini^ in 
 
 •^ ^- aforefaid, an(i'ail vvoodb, underwoods and trees, 
 
 and the ground and I'od tln-ieoi, pullures, feedings, 
 common ways, water, water -C(;uri'eb, piofits, commodi- 
 ties, emoluments, eufemenrb, and appurtenances uhat- 
 foever, to the laid melKiage, iarm, lands, tenensents^ 
 htreditamentsandprt miles mentioned, to be iicreby 
 bari^ained and fold, or any of them beloiijjinjr, or in 
 finy wife appertaining, or accepted, it putt d, taken, or 
 known as pait or parcel or m^niber of tl»em, or any of 
 them, or with them or any of them refpt61ively, ufed, 
 occupied, polTtiTed or enjoyed, and the leverhon and 
 reverlions, remainder ant! remainders, rents, iffiies, 
 and profits of ail and finguiar the laid premifes^ and of 
 cvt ry part and parcel thereof, and all the eflate, right, 
 title, intercll, ufe, truft, inheritance, benefit, property, 
 claim, and demand whatfoever of him thefaid Thomas 
 Hall^ of, in, and to the fame premifes,and every or any 
 part or parcel thereof. '1 o have and to hold the faid 
 meiruages, lands, tenements, hereditaments, .and pre- 
 mifes herein before mentioned to be hereby bargained 
 and fold, and every part and parcel thereof, with tht ir 
 and every of their appurtenances unto the faid tchnind 
 Gate and Joseph Gale^ and the heirs of the faid Jo- 
 seph Gaiey Neverthelefs as to the eflate and interelt of 
 the faid Joseph Gale and his heirs, in truft for the faid 
 £dmund Gn/c, his heirs and afiigns for ever. And the 
 faid Thomas Hull doth hereby promife and grant for 
 himfclf and his heirs that he the faid Thomas Hall and 
 his heirs, the faid meifuages, lands, tenements, and all 
 md Hiigular other the premife^ herein before mention-
 
 BILL. 237 
 
 eJ to be hereby barf^aincd and fold, and every part and 
 parcel ihcrcoi", uiih their and every of ihcir appmtc- 
 nancey unto ihc faid Edmund Gale and Joseph Cale^ 
 and to the heirs of the laid Joseph Gale, in truft as 
 aforefaid agaiiiil him the laid 'Tboinas Hall and liis 
 heirs, and againllall and every other perfon orpeiibns 
 vvhomfoever, Ihall and will warrant and ever defend by 
 thefe prcichts. h\ witneib, £;.c. 
 
 Single, 
 
 Know all men by thcfe prefents, that I Abncr Bobb^ 
 of , do acknov.ledge mrlelf to owe and be in- 
 debted unto Robert Tracy, of , the fum of , 
 
 lawful money of the United States^ to be paid to the 
 fdid Robert Tracy^ bis exeentors, adminiftrators or 
 
 aOigns, upon the day of next enfning the 
 
 date hereof ; to m hich payment well and truly to be 
 made, 1 hind mvfclf, my heirs, executors and adminif- 
 trators, firmly by thefe pi efents. In w itncfs, S;c. 
 
 PcnaL 
 
 This bill bindcth mc Adam Boon^ of , in the 
 
 fum of tiMO hundred dollars, to be paid un'o 'John 
 Younir^ his certain attorney, executors, adminillraiors 
 
 or ailigns, on or before the day of , which 
 
 will be in the year , tc^^ether with lavlul intcreft 
 
 for the ianie ; tor the Uue payment whereof, 1 do
 
 538 ^ BILL. 
 
 bind myfelf ni}^ heirs, executors and adminillrators, 
 tind every of them, unto the {i{\(\ John Young, his 
 executors, adminiftrators, and afiitijns, in the penal fum 
 oljour hundred AoM^x^. In vvitnefs, ^c. 
 
 Judgment. 
 
 This bill blndeth me Adam Bird, of , in the 
 
 fum o^ one hundred dollars, to be paid unto Conrad 
 Doe, his certain attorney, executors, adminiftrators or 
 
 afligns, on or before the day of , which will 
 
 be in the year , together with lawful intereft for 
 
 the fame : for the true payment whereof, 1 do bind 
 anyfelf, my heirs, executors and adminiftrators, and 
 every of them, unto the faid Conrad Doe, \\\s executors, 
 adminiftrators and afligns, in the penal fum of tvoo 
 hundred dollars. And further I do hereby empower 
 any attorney of any of the courts of record of this ftatc, 
 or elfcw'hcre, to appear for me, and after one or more 
 declarations filed for the above penalty, thereupon to 
 confefs judgment or judgments againft me, as of laft, 
 next, or any other fubfequent term, with ftay of execu- 
 tion till the'faid • — day of , in the year and 
 
 releafe of errors. In witnefs, i^c. 
 
 ICP This power to confefs judgment, may alfo be 
 added after a common bond. 
 
 Of CrediU 
 
 This prcfeiit writing witneffcth, thati, Richard CoXy 
 
 q{ , merchant, do promife and undertake to and 
 
 with John Fox, of , merchant, his executors and 
 
 adminiftrators, that if he deliver unto Ciirtis Roe, or 
 any of his aftgns, to his ufe, any fum or fums of money, 
 amounting to the fum of — — • dollars, or under, and
 
 BILL OF SALE. 239 
 
 •flia'l tal^e in my name a bill under the hand and feal of 
 ihe laid Cunis lioc\ tonrefllng- and lho\ui!g die cer- 
 tainty thercoi; that then 1, my executors or admini- 
 Jlrators, havnif^- the lame bill delivered to me or them, 
 Ihall immediately upon ihe receipt of the ilmie, pay or 
 canl'e to he paid unto the laid "Jobn /'ojc, his executors, 
 adminiftrators or aHifiis, all Tach I'lims of money as Ihall 
 be contained in the laid bill ; for uhich payment ii\ 
 manner and form aforelliid, well and truly to be made, 
 I bind myfelf, my heirs, executors and adminiftrators, 
 by thefe prefcnts. In \vitntfb, c^V, 
 
 G/ Exchange. 
 
 Philadelphia^ 1st January^ 181— < 
 Exchange dls. 100. 
 ^hir, 
 Fifteen days after flight pay to John Dim, or order, 
 this my firll bill of eiichange for one hundred dollare, 
 (the fecond of the fame teiior and date not being paid), 
 for value received, as advifed bv 
 
 Your moll obedient fervant,- 
 Timothy Xecdy. 
 To Mr. Charles Slack, , ' ■ 
 
 0t ^alc* 
 
 0/ Goods. 
 
 Know all men by thcfe prefents, That T, Pefsr Stonf, 
 
 ^f ^ merchant, {or in c ' '■ •■ ^ ^ M>n (.f thr.fum of 
 
 vine hunii;-ed(\o\]sLYS, to m dby Isaac Lenk, 
 
 of the lame place, atanu uciarc luc eufeuliujj and Ueli^
 
 240 BILL OF SALE. 
 
 very of thefe prtreiits,tlie receipt whereof is liercb}' ac- 
 knowledged, have bargained, fold and delivered, aad 
 by thefe prefents do bargain, fell and dejivcr, unto ihe 
 faid Isaac Leak, [here insert the goods sold'] : To 
 have and to hold the faid [^goods], unto the faid Isaac 
 Leak^ his executors, adminiflrators and afiigns, to his 
 and their own proper ufe, benefit, and behoof, for ever. 
 And I, the faid Peter Stone^ my heirs, executors and 
 adminiflrators, the f:tid bargained premiles unto the 
 faid Isaac Lcah^ his executors, adminiflrators and 
 alTigns, from and againfl all perfon and perfons Vvhom- 
 foever, fliall and will warrant, and for ever defend, by 
 thefe prefents. In witnefs whereof, ^c* 
 
 Of Land. 
 
 Know all men by thefe prefents, That \^Adam Bird^ 
 
 of , for and in confidcration of the fum of , 
 
 to me in hand paid by Caleb Dick, of , at and be- 
 
 fore the enfeuling and delivery hereof, the receipt 
 whereof is hereby acknowledged, have granted, bar- 
 gained, fold, releafed and confirmed ; and by thefe 
 prefents, do j^rant, bargain, fell, releafe and confirm un- 
 to the faid Caleb Dick, his heirs and afligns, ail my 
 eftate, right, title, interefl. property, claim and demand, 
 •whatfoever, of, in, to, or Out of a certain tra6l or par- 
 cel of land, fituate in , containing ^i^r^d" hundred 
 
 acres, or thereabouts, be the fame more or lefs, furvey- 
 ed, or intended to be furveyed, by virtue of a warrant 
 
 for the fime, bearino; date the , Together with all 
 
 and fmgular the rights, members, and appurtenances 
 thereunto belonging ; and the reverfions and remain* 
 ders, rents, ifTues and profits thereof ; and together 
 ■with the fcud warrant, and all benefit and advantage 
 thereof, to hav-e and to hold the faid tn'6l of land, and 
 premifes, hereby bargained and fold, or mefttioned, or
 
 BILL OF SALE. 241 
 
 j.-.tcndcd lb to be, with the appurtenances, unto thefaid 
 (Jahb D'lck^ his heirs and aliij^ns, to the only proper 
 life and behoof of the laid Caleb Dick, his heirs and 
 afiigns for ever : And the laid Adam Bird, and his 
 heirs, the fi\id hereby granted premilcs, unto the laid 
 Caleb Dick, his heirs a..d afligns^ againft him J:he laid 
 .ddam Bird, and his heirs, ard againll all and every 
 other perlbn and perfons whomfoever,lavvfully claiming- 
 or to claim by, from, or under him, them, or any of 
 them, Ihall and will warrant, and for ever defend, by^ 
 thefe prefents. In witnefs, &e. 
 
 Of Goods and Chattels. 
 
 Know all men by thefe prefents, that I .Abncr Bgx% 
 
 of , in conlideration o^froc hundred dollars, to me 
 
 in hand paid by Caleb Dick, of , at and before the 
 
 iealing and delivery of thefe prefents, the receipt where- 
 of I do hereby acknowledge, have granted, bargained, 
 fold and confirmed, and by thefe prefents do grant, 
 bargain, lell and confirm vmto the faid Caleb Dick, all 
 the goods, houfehold Huff, and implements of houfe- 
 hold, and all other goods and chattels whatfoevcr mcn« 
 tioncd in the fchedule hereunto annexed, now remain- 
 ing and being in : To have and to hold all and 
 
 iingular the faid goods, houfehold (luff, and implements 
 of houfehold, and every of them, by thefe prefents 
 granted, bargained, fold and confirmed unto (the only 
 proper ufe and behoof of) theHiid Caleb Z)ic^, his ex- 
 ecutors, adminillrators and affigns for ever, freely, qui- 
 etly, peaceably and entirely, without any contradi6lion, 
 claim, diftnrbance, or hindrance of any perfon whatfo- 
 evcr, and without any account to me, or to any other 
 whatfoevcr, to be made, anfwered, or hereafter to be 
 rendered ; fo that neither I the fi.iid Abncr Box, nor 
 jinv other for me, or in my name, oughf to cxa^, cixal- 
 
 [31 ,1
 
 24i B 1 L L o F 5 A L E, 
 
 knge, claim or demand, at any time or times hercaifery 
 any right, title, intticft or demand, of, in, tour lor the 
 faid goods, 'iiouiehold Huff, and implements of iioiife- 
 hold, or any part or parcel thereof, but from all 
 aclion, right, title, eftate, claimy demand, poirc.il'on^ 
 and intereft thereof, Ihali be \v holly barred and exclud- 
 ed, by force and virtue of thefe prefents. And i the 
 faid Abner Box for myfelf, my executors and admini- 
 ilrators fliall and will warrant and for ever defend all 
 and lingular the faid goods and lioufehold llufi^mto the 
 faid Caleb D'lck^ his executors, adniinillrators and af- 
 figns, againft me the faid Abner Jiox^ my executors^ 
 adminiilrators and affigns and i^ganift all and every o» 
 ther perfon and perfons whatfoever, of which goods, 
 houfehold ftuff, implements of houfchoid, and all other 
 goods and clrattels whatfoever mentioned in the fche- 
 dule hereunto annexed, I the faid Abner Box^ have put 
 the faid Caleb Dick, in full poffeffion, by delivering 
 him one dozen siher spoo?is, in the name of all the. 
 faid goods and chattels, at the fealing and delivery 
 Jiereof. -In witnefs, &c. 
 
 Sealed and delivered, and livery and feinn of the 
 goods and premifes above bargained and fold, deliver- 
 ed by the faid Abiier Box, giving and delivering to' 
 the faid Caleb Dick, one dozen siher spoons, in the 
 name of the whole goods and premifes, in the prefencer 
 ©f, Sec. 
 
 Or livery and &ifin maybe endorfed thus : 
 
 Memorandum : The day and year firft within writ- 
 ten, livery and feifin of the goods and premifes withia 
 bargained and fold, was delivered by the faid Abner 
 Box, to the faid Caleb Dick, by the fiiid Abiier Box's 
 giving and delivering to the faid Caleb Dick, one dozere 
 ojher spoons^ in the ^ame of livery and feifm of the-
 
 BILL OF SALE. 
 
 :ci'j 
 
 ji'Iiole goods and premifcs within mentioned, in the 
 prelcncc ofus. 
 
 0/ a Part of a Ship. 
 
 To all to whom thefe prefents iliall come, I Abel 
 
 ^Bruce, of , lend t^rectiiig'. KniAvyc, diat 1 .Jbcl 
 
 J^ruce^ for and in conlidcrution ol'thc fum of two tbuu- 
 -j^7/r/ dollars, to me in hand {)aid by Charles Doe^ the 
 receipt wliereof is hereby acknoulcdi^ed, have 'granted, 
 bargained, fold and confirmed, and by ihefe prefents, 
 do grant, bargain, fell and confirm unto the faid CZ^^r/t'.? 
 Doc, his executors, adminiflrators and afligns for ever, 
 the one full eighth part of the ililp, called the XcptiinCy 
 of the port of Philadelphia^ in the county of Phila- 
 delphia^ of the burthen of ?/6;tc' hundred tons, or there- 
 abouts, and whereof one Pufus Green, is at prefent 
 mader, now lying and being in Philadelphia, together 
 •with one full eighth part of all the malls, fails, fail yards, 
 :aRchors, cables, ropes, cords, boats, oars, pieces of 
 •ordnance, guns gunpowder, fl-;ot, tackle, :tppatel, am- 
 mimition, provifion and fuiniture to the faid lliip be- 
 longing or ajjpertaining: To have and to hold thefaid 
 eighth part of the faid flilp, and all other thopremifes 
 hereby bargained and fold, Avith their and every one of 
 their appurtenances, and every part and parcel thereof^ 
 unto the faid Charles Doe, his executors, achnini- 
 ftiators and alTigns for ever, as his and their own pro- 
 per goods, and to his and their own proper ufe and 
 tifes for ever. And I the faid Alhl Bruce, do for my- 
 felf, my heirs, executors and adminiltrators. covenant, 
 grant and agree, to and with the faid Charles Doe, his 
 executors and aHigns by thcfe prefents, that 1 the f lid 
 Jlbel Bruce, at the tin^e of fealin!^ and clclivery hereof 
 (notwithllanding any a6\ or thing done by ine to the 
 contrary) am the true aud lawful owner and proprietor
 
 244 B I L L OF S A L E. 
 
 of the fiiid eighth part of the faid fliip and prcmifes^ 
 hereby granted, with the ai'purvenantes, and have full 
 power and lawful authority (notwithltanding fuch a6l 
 or thing as aforeiaidy to graiit and convey the faid eighth 
 part of the laid lliip and picmifes hereby mentioned 
 to be granted, uith the appurtenances, unto the faid 
 Charles Doe^ his executors, adminiltrators and aiTigns, 
 in manner and form aforefaid : And that it Ihall and 
 may be lawful to and for the laid Charleys Doe^ his ex- 
 ecutors, adminiftrators and affigns, from time to time, 
 and at all times hereafter, quietly and peaceably to 
 have, hold and enjoy the fliid eighth part of the faid 
 iliip, and all other the premiies hereby granted, with 
 the appurtenances, without any let, molellation, dis- 
 turbance or denial of me, the faid Abel Bruce ^ my ex^- 
 ecutors, adminiftrators or afiigns, or of any other per- 
 fon or perfons whatfoever, lawfully claiming, or to 
 claim, from, by, or under me, them, or any of us, 
 \jexcept^^c.\ IfreefromincumbraJices.^inwhuds.^c. 
 
 Of Goods Distrained Jar Rent. 
 
 This indenture made the day of— — , between 
 
 J\''oah Cuts, (the landlord) of , John Roe. she- 
 riff oi ; Damd Cone, of ; and Henry Rich^ 
 
 of , of the one part : and John Snow, of , and 
 
 Titus Slack, of , of the other part, witnefTeth, 
 
 That it is affirmed by the faid J\'oah Cuts, and teftified 
 by the faid David Cone, upon his oath, fworn before 
 the faid sheriff, that on the Jirst day of May laft paft, 
 the faid J\oab Cuts, in the prefence of the faid Da%nd 
 Cone, did enter into a melTuage and lands, called South 
 Farms, \n\\\Q Qownty o^ Berks, Siwd for one hundred 
 and eighty dollars of rent, on the Jirst day of October 
 laft paft, due to him the faid Noah Cuts, froi^ Samuel 
 Frazcr, upoo a demife, whereby the faid Samuel Fra-
 
 BILL OF SALL. i^i:^ 
 
 zcr held the faid farm of the fnid Noah Cuts, and did- 
 diflrain there, and Tuund the goods and chaitcls follow, 
 ing, viz. [_Insert the i^oods distrained.^ Anditi.s further 
 teitified by the faid DaDid Cone^ and alfo by John 
 Fee and Henry liicc, upon their oaths, fworn before 
 the faid shcr'ijf\ that after fnchdiibefs taken^to vrit, oa 
 ihcfixt/j day of May lad paft, tlie faid Noab' Cuts, did, 
 at the chief manfioii hoid'e of the faid farm, apd at fun- 
 dry other places in the faid county, give public notice, 
 of the faid dilb-efs, and the cai'.fe thereof, and a note 
 thereof in writing, expreiTmg the particular^ oflhefald 
 goods and chattels diftrained, and of the faid rent for 
 which the fame were diilrained, did'then and. therie de- 
 liver unto ^/isa^t'^'/^, daughter of the faid Samuel Fra- 
 zer^ and the faid Damd Cove, John Fee, and Henry 
 Rice, upon their oalhs aforefaid, have truly 'appraifed 
 all the faid goods aud chattels diflraincd, at — dol- 
 lars. And this indenture vvitnefTeth, that the faid goods 
 and chattels being yet unrcplevied, the faid Konh Cuts 
 with the flierixT aforefaid, for and in conlldeiation of 
 
 dollars, being the beil price that can be gotten 
 
 for the faid goods and chattels, by the faitl John Snoiv 
 and Titus Slack, paid to the faid Xoah Cms, towards 
 fatisfiiclion of the faid rent of one hundred and eighty 
 'lollars, for which the faid goods and chattels were dif- 
 irained, Have bargained and fold, and by thefe prefents 
 do bargain and fell unto the ^^\(\ John .SV/oou and Titus 
 Slack, all the goods and chattels hereinbefoic men- 
 tioned, to be diRrained as aforefaid. To hold unto 
 the faid /o/;/z Snoiv and Titus Slack, ^^^\c\t only pro- 
 jicr goods and chattels forever. In witnefs, See. 
 
 IFhat is necessary to be done to const: tufj a j-ood Bill 
 of Sale. 
 
 J. is indebted to B. and C. in a confiderable fum of 
 mouevjandis willing to fecure the fame by warrant of
 
 545 "B O .N U. ^ 
 
 ■attorney, or execntlon to be thereupon fued out, or a 
 bill off lie oi his cffecls, vvita delivery of the iinp.icdlatc 
 |roiTeilion. 
 
 Qu. Will a bill of fale be as erftflual as an exeeuti- 
 on,.uridas ^. t'oes no\v,aiKi wiil alur poiielTidn deliver- 
 ed, appear publicly , caw a ilatuie fuj.eifedt piO'^t edings 
 in either of iheft cafes ? Pray advife. w hich is.the pro- 
 pereil, and whether by reaibn ol tlie expeniVof lhe 
 ilicriii 's fees, a biii of fale vvid not be as good againft 
 ■Oi:her Ciaiuis as an e-Kccution., 
 
 If pofTt ffion be fairly delivered immediately, I think 
 a bill of fide the fafeft and bell ^-tay, and if A ap;)ears 
 iniblicly at the time of the execunon of the^jbill of file, 
 and has committed no a6i of bankruptcy before ; to be 
 fure the bill of fale made for a vahiaWe cgnfideration, 
 ♦will be G;ood notwithftanding any commifiion of bank- 
 mptcy tliut may be afterwards taken out. See 1 //"//- 
 Tiaras'' s Precedents. 287. 
 
 If-T" t^ bond or obligation is a deed in writing, whei'^- 
 by one man binds hi-mfelf to another to pay a fum of 
 ^ncney, or to do or fuffer fome other thing. 
 
 He that makes this <}.e.(^(S. is called the obligor^ and he 
 to whom it is made is called the obligee. 
 
 An obligation is fometimes firaple or fmgle, i. e. 
 v/lxen it is to pay a fum of money or to do fome other
 
 BON D. 247 
 
 ^hfng, and ^vhcn it is without any dcfeaHince or coTidi- 
 tioiJ 111 or annexed lo it, uhich-aifo is louittinics \vi:ha 
 pejralty, ciiUcd a penal !5ill,..ar:d i'<'UK'timcs without a 
 penalty : and this, is that 'xhich i iy cailcii 
 
 an obligationr ar.d'fr.!T>.ci;ini<':y alii' .. •. '...•.,. <.\i a lingle 
 bill, or liiif;'e Ixjud ; arfl fomctimcs ?t is ttou1iU» or 
 conditional ; which is when it is atiended by ar.d ac- 
 companied with a condition ;• and thti! it is faid to be a 
 bond containir.g- a penalty, with condition to pay mo-- 
 ncy, or .to do orfiillcr Ibmc act: or 'hiiij^, {kc. And tliis 
 condition is , I'ometin^cb callccr a d^realahce, and then 
 cfpeeially when it isYas fometimes is the cafe; in ana- 
 ther deed or inllrinnent ; for nioft commonly it is in- 
 fcrted in the Time deed wherein the obiigaiion, beini^ 
 the other pif:t of it, is contained. And tlien alio it is 
 eitlier hiblcribrdunderthe ohiig;a*Ton,or included with- 
 in the body Oi'-it, or inrlorfed upon tliebacK of it- And 
 in either cafe if the condition be performed, the penalty 
 is faved, if not, the penalty is forfeited. 
 
 Although the bcfl manner and form of an obligation 
 is that which is moil ufual, yet any words in a a\ i iting 
 fealed and delivered, whereby a man proves and de- 
 (lares himfelf to have another man's money, or to be 
 indebted to him, A'.dll make a good obligaiion ; and 
 therefore if a man by deed fays but this : ** Memoran 
 
 dnin, that I J. B. of , do owe to C. D. of , 
 
 one bi/?idrccU\o\h\rs, to be paid the Jirst day of JA:v 
 
 next." Or, " Memorandum, that I J. B- of ^.. 
 
 have had of C. D. of , one hundred dolhirs, of 
 
 T\ hieh there \s fifty dollars behind, 'or, of which I owe 
 to\\\m fifty dollars)." All thefe and fueh like are good 
 obligations. 
 
 The condition of an obligation may be either in the 
 fame or in anoiher i\v.c(\, and it may be indorftd on the 
 back of the obligation, fiibfcribed under it, or contain- 
 ed within it ; !xit the beft way to make it is? the ufual
 
 243 BON D. 
 
 wa}% viz. "The condition of this obligntion is fnch/ 
 kc. and yet if it be other wife it miiy be good ; for if 
 an obligation be made fromiy/^ to B. and on the back 
 of ttie lame thefe words are indorfed : (that whereas 
 the within bounden A. is bound to i/. in one hundred 
 dollars, yet B. willeth and granteth, that if A. pays to 
 
 B.ffiy dollars on or before the day of- — , that 
 
 then the obligation Ihall be void ;) this is a good con- 
 dition. 
 
 The condition of' ^!t. obligation may be to do any 
 lawful or pofiible thing, as to pay money, deliver goods 
 or cattle, acknowledge a llatute, enter into an obliga- 
 tion, make a releaie, fell an efi.ate, furrender an eflate, 
 make reparations, for quiet enjoying, to f-ye harmlefs, 
 to defend a title, to perform covenants, to abide by an 
 award, to perfprm a will, to give fo much land or mo- 
 ney in legacy, to purchafe lands, to appear ia court, to 
 rnarry another, not to fue, not to meddle with any c::- 
 ecutordiip, not to revoke a letter of attorney, not to be 
 furety, not to play at cards or dice, or any fuch thing ; 
 and fuch a condition is good. So aifo it feems a con- 
 dition that a man ihallnot fell his goods, is good. But 
 when the matter or thing to be done by the condition 
 is unlawful or impoffible, or the condition itfelf is re- 
 pugnant, infenfible or uncertain, the condition is void, 
 and in Ibme places the obligation alfo. 
 
 A fingle obligation is always taken mod in advan- 
 tage of the obligee and againft the obligor ; but it is 
 otherwife of the condition of an obligation ; for this is 
 always taken moll in advantage of the obligor and a- 
 crainft the oblic;ec. 
 
 The condition of an obligation, when it is doubtful, 
 is always t;.4; en moft favorably for the obligor in whofe 
 advantage it is made, and moll againft the obligee, yet 
 xo as an equal and reaionable conflru^lion be made ac-
 
 BOND, £49 
 
 cording to the minds of the parties, although words 
 ibuiui to a contrary uudtrilandiiij^. 
 
 !f fomcthing be by condition to be done, and it is fct 
 do'.vrt indefinitely, and not fetdoun vho (hall do it, if 
 the obijgee has more Ikill to do the thing than the ob- 
 ligor, it Ihali be done by him,otIier\vife ii fhall be done 
 by the obligor ; as if a tayior be bound to me in an ob- 
 lig;Uion, with condition, that il'l bi inp: hiin three yards 
 ol" cloth, M hich (hall be mealured and lliaped ; and il he 
 makes mc a cloak of it, &c. and it is not faid by whom 
 it ihall be lliaped, this mud be done by the tayior. 
 
 Ifthe condition ofi'.n obligation he to pay money, or 
 to do any ot'v-!' tranfuory acl; to the obligee hiinfclf,ancl 
 no time is fet for the doing thereof, but a place only ; 
 this regu'aily malt be done in convenient time, and 
 that without requed. 
 
 Ifthe condition of an obligation be to pay money, or 
 to do any like tranfitory a6l to the obligee, on a day 
 certain, but no place isfet down where it fliall be done : 
 in this cafe it mull be done to the perfon of ihe obligee 
 wherever he be ; and for this purpofe the obligor mull 
 at his peril feek out the obligee, if he be in the flate, 
 otheruifc the obligation is forfeited ; but ifthe obligee 
 be not within ihe Hate at the time w-hcn the thing is 
 to be done, he is not bound to feek him ; fo neither is 
 the obligation forfeited for not doing of the thmg ; but 
 when the thing the party is bound by the condition to 
 do is local, he is not bound to go any further or to any 
 other place but the place itfelf; and therefore if the 
 condition be to make a feoffment of a piece of land, the 
 party that is bound to do it is not bound to go to any 
 other place but to the piece of land to do it. 
 
 Ifthe condition be to deliver one hundred bufliels 
 of wheat on fuch a day to the obligee, and no place \^ 
 [ 32]
 
 s 
 
 250" BOND. 
 
 fet down where it fliall be delivered ; in this cafe it i§ 
 fufficlent if the obligor, when the wheat ib ready, give 
 noiice thcreol" to the obligee, and dchres him to ap- 
 point a place \Aherennto the obligor may bring it, and 
 if he refufes to appoint a place, it is at his own peril ; 
 or the obligor may bring the wheat to the hoiife of the 
 obligee, (and this is the fafeil way) and if the obligee 
 refnies it, the condition is performed, and the obliga- 
 tion is difcharged. 
 
 If the condition be, to deliver me a horfe, and the 
 obligor tenders the horfe to me, and I refufe him, here- 
 by the condition is performed, and fo in all fuch like ca- 
 fes where the obligor is to do any collateral thing, as 
 to (land to an award or the like ; if the obligor offers to 
 do it, and the obligee refnfes, the condition is per^ 
 formed, and the obligation is difcharged forever. 
 
 If the condition be to pay money at a day certain, 
 and the obligor pays a litde before night, time enough 
 for the receiver to fee and number his money by day- 
 light ; this is a good performance of the condition. 
 And if the condition be to pay money by or before a 
 day ; payment the laft inftant of the day before, is a 
 lufficient performance of the condition 
 
 If the condition be to pay money at a day and place 
 certain, and the obligor tenders it at the time and place, 
 and the obligee is not ready to receive it ; or, being 
 ready, refnfes to receive it ; this is a good performance 
 of the condition to favethe forfeiture of the obligation : 
 and yet if the obligor be afterwards fued for this money, 
 he mull fay in his pleading that he is Hill ready to pay 
 3t,and he muft tender it in court. 
 
 If the condition be, that the obligor fliall marry thtf 
 daughter of the obligee by a day, and he tenders hrm» 
 felf, and fiie refufes ; in this eafe the obligation is for- 
 1R;ited n©twithllan^ing tlii* leader siiid refufaL
 
 BOND, ±51 
 
 3f an obligation that is finglc be not performed, as 
 M'hen ii is to pay money at ii clay, and moiie\ is not 
 paid, the obligation is broken ; but if a man be bonncl 
 by an obhgatioii to pay mom-y at fcveral days, the ob- 
 ligation is not forleited, nor can be fued until all the 
 days be palt. And yet if the condition of an obligation 
 be, to pay money at fevcral days, and the obligor fails 
 to pay the motiey the liiil day ; in this eafe the obligee 
 may fue for the money due by the obligation prefently. 
 
 If the condition be, to pay money to me at a day and 
 'place certain, and the money is not tendered at the 
 lime and place, although there be nobody ready to re- 
 ceive it, if it be tendered ; yet the condition is broken. 
 
 If the condition be, to pay money tome at a day and 
 place, and 1 feeing him go to the place to pay the mo- 
 ney, defire him to forl3ear, and thereupon he does ^o, 
 and does not pay it, the obligation is forfeited, and 
 this will not excufe. But if i do violently and actually 
 detain and hinder him fo that he cannot pay it, this 
 V'ill excufe him. 
 
 If the condition be, to pay me the rent referved on 
 fuch a leafe at the times limited by the leafe, and it be 
 not paid accordingly ; hereby the condition is broken 
 although i do never demand the rent. 
 
 Upon a bond for performance of covenants, 8cc. the 
 obligee Ihall recover no more in equity than he is really 
 danmified by the breach of covenants ; but in an ac- 
 tion at law the whole penalty of the bond lliall be reco- 
 vered from the obligor. 
 
 And chancery gives relief againft the penalty of a 
 bond, and though the principal, or inlereft, or damages 
 fuftained exceed the penalty, yet the obligee fliall not 
 recover beyond the penalty.
 
 25^ BOND. 
 
 For where an obligee is plaintiff, a court of equity 
 tvili noicairy the cubt beyond the peiiahy. LccauU iie 
 hasch(jiei» his own kcariiy ; but it is ouitiwile as to 
 theoDhgor;. for he Who leeks equity mull do it j Ar\(.\ 
 therelore vvhert the piaiutiii came to be reiicved agaiitlt 
 the penally ot a bond, though it wasTo:(iecfeed, yet.it 
 wab on tile payment of priiicipai,- intert ft-and cxVAs ; 
 and though they exceeded the pt-nalty, yet the dtciee 
 was aiinmed ill th^ houfe of Lords. 
 
 If a bond betaken away fraudulently, arid Cancelled, 
 the obligee fhah have the fame benefit thereby as il it 
 had not been cancelled. 
 
 So \\ hen an obligee lofes his bond, he fliall have his 
 remedy againft the obligor in equity. 
 
 And when a bond is loft, the money may be recov- 
 ered of a furety, on proof that he had feaied and enter- 
 ed into the bond. 
 
 If a man is under duress of imprisonment^ (i. e. a 
 compullion by an illegal rellraint of liberty \ until he 
 fcalsa bond or the like, he may allege this durefs, and 
 avoid the extorted bond. But if a man be la^vfuliy im- 
 prifoned, and either to procure his difcharge or on any 
 other fair account, feals a bond or a (X^td^ this is not by 
 durefs of imprifonmcnt ; and he is not at liberty^ to 
 avoid it. 
 
 Common Form. 
 
 Know all men by thefe prefents, that I Abel Bondy 
 of May town , in the c ouvty oi Lancaster, am held and 
 iirmly bound unto Betsy Aliworthy ., of Middlctoivn^m 
 
 the county of Dauphin, in the fum of dollars, of 
 
 good and law ful money of the United States, to be paid 
 to the faid Betsy Allviorthy^ or her certain attorney,
 
 BOND. u:3^ 
 
 executors, adminiilriitors or afTi^ns ; to wliich payment 
 well and truly to bt made and done, i do bind mvRIf*, 
 ryiy heirs, execiiloi b and adnuuiilrators, and every of 
 them, tirmly by tlicie prtlents : Sealed with wy leal, 
 dated the day of Anno Domin; ; 
 
 The condition of this obligation is fuch, Ihat if the 
 above boui\i\ .idci Bond, liis heirs, executors, achviini- 
 llrators, or any of them, ihall and do well and truly [)ay 
 or caule to be paid, unto the above named Ecisy All- 
 ^doitbyy her executois, adminilbators or ailii^ns, the 
 
 ju(t and full fum of of Ian fill money aforefaid, 
 
 with legal intcred for the fame, on or before the 
 
 (Xixy of , without fraud or further delay, then this 
 
 obligation to be void and of none effect, or elfe to be 
 and remain in full force and virtue.* 
 
 From tvjo to one. 
 
 Know all men by thcfc prefents, that we Jmos Bond, 
 
 of , and Ciiic'/; Doe, of , are held and lirmly 
 
 bound to F/i Fox, of , in the fum of of good 
 
 and la\\ful money of the United States, to be paid to 
 the laid Eli Fox, or his certain attorney, executors, ad- 
 miniibators or afligns ; to which payment wt !1 and 
 truly to be made, we bind ourfelves, and each of us, by 
 himfclf, \_[fonc of the obl'i^^ors be a •moman, ivritr tbiis, 
 viz. by him and herself ^ ^ov -AWfX in the whole, our 
 heirs, executors and adminiilrators, and each of us, 
 
 * By adding tlie followini^ after " virtue" it beccmes a jndg- 
 iiicnt bond : — " And funlicr, 1 ilo herthy en^poweriuiy atturiicy of 
 any of the courts ol" record ott-liis state, orclsewhcre, to appei r for 
 me, and after one or more declarations filed for the above penalty, 
 theroipon to conlcss judc^nient or judgnieiUs ag.inst me, Ss of 
 last, next, or any other subsequent term, uilh slay of execution 
 till tiic said day of——, in the year , and release of er- 
 rors,"
 
 254. BOND. 
 
 firmly by thefe prefents : Sealed with our fcals, dated, 
 gcc. 
 
 The condition of this obligation is fuch, Tliat if the" 
 above bound Amoa Bond, aiid Caleb Doc, ov titlicr of 
 thtm, thtir or either of their heirs, executors or admi- 
 niib'otorb,do and fnall well aiid truly pay or caafe to be 
 paid, 10 the faid £// Fox, his executors, acimitiiiha- 
 
 tors or uilii^ns, the liiii fum of , lawful money a- 
 
 forcfaid, with legal iutereft for the (lime, on or bclore 
 
 the day of , which ihah be in the year of our 
 
 J[^ord , then &c. [_as in t/^e preceding.'] 
 
 From three to one. 
 
 Know all men by thefe prefents, that we .^;«0o^7?o^/, 
 
 of , Caleb Doe, of , and Enoch Fen, of , 
 
 are heJd and firmly bound to Giles Hodge, of , in 
 
 the fum of dollars, to be paid to the faid Giles 
 
 Hodge, or his certain attorney, executors, adminiftra- 
 tors or afligns ; to \Ahich payment well and truly to be 
 made, we bind ourfelves, and every one of us, by him- 
 felf, [but if d female be an obligor, than as in the last~\ 
 for and in the whole, our heirs, executors and admin- 
 aftrators, and every of us, firmly by thefe prefents : 
 Sealed, &:c. 
 
 The condition of tliis obligation is fuch, That if the 
 above bound Amos Boal, Caleb Doe and Enoch Fen^ 
 or either, or any cf them, their, or either, or any of 
 their heirs, executors or adminiftrators, do and lliall, 
 Itc. 
 
 From one to two. 
 
 Know all men by thefe prefents, that I Amos Bend^ 
 ^i > — --, am held and firmly bound to Caleb Doe, of
 
 B O N D» 25^ 
 
 , and Eli Fen, of , in the fum of of good 
 
 and liixsful money of tlie United States, to be puid to. 
 the ^-.miCiiLb Boe, and Eli Fen, or one of them, or to 
 their certain attornie^, executors, adminillrators or af- 
 iii<ns ; to wiiich payment, well and truly to l)e made, 
 I bind myfelf, ikc. 
 
 The condition of this obligation is fnch, That if the 
 above bound .Imos Bend, his heirs, executors or ad- 
 niiuifliators, doaud llvili well ':x\m\ truly pay or eaiife to 
 be paid, to the above named 6V/t'^ Dec, ixwA Fli Ftn^ 
 or either of them, their or either of dicir oxcutorsj 
 adminiilrators or aflii^ns, theruiliumof, &c. Then, &c. 
 
 From three to three. 
 
 Know all men bv thcfe prefents, tliat w^ Jnios Box, 
 
 ©f , Chirles Ij-.iU, of , and Enoch Frits, o^ 
 
 ' , arc hck\ and firmly bound to G^'or^-j JLiy., of , 
 
 Isaac King, of , and Leonard Miller, ef — , 
 
 in the fum of dollars, To be pa-d Hy the liud George 
 
 JLiy, Isaac King, and Leonard Miller, or fome of 
 tliem, or their certain attornies, executors, admiiijllra- 
 tors or aflit^ns ; to which payment well and truly to be 
 made, we bind ourfclves, and every of us by h.imfelf, 
 for and in the whole, our heirs, executors and admini- 
 ilrators, and every of them, firmly by thcfe prefents. 
 Sealed, &c. 
 
 From set^eral, Male and T'einale. 
 
 Know all men bv tliefe pri nt<^, that we Benjamin 
 
 Bloom, of , bookseller ; IViHiam Bloomof^ , 
 
 gentleman ; Richard Green, of , ironmonger ; 
 
 Grant Hewitt, o^ , merchant -, Edmund Gale, 
 
 dii\(\ Joseph Galc^ of , distillers Qnd fjartucrs ;
 
 255 B O N D. 
 
 Henry Gale^ of , grocer ; George Port^ cf ^, 
 
 hatter; Henry Leach ^ qI , ma chant ; JVlU'iam 
 
 L'lssot the younger^ of .gentleman ; the reverend 
 
 Hugh Thomas, of , doctor in dimnity ; Sarah 
 
 Smith-, of , spinster ; and Mary Isaac, of , 
 
 widow , are held and firmly bound to Thomas JUoom^ 
 
 of —, ironmonger, injive thousand douurs, of good 
 
 and lawful money of the Uiuted States, to be paid to 
 the faid Thomas Bloom, or his certain attorney, execu- 
 tors or adminifirators ; for the true payment whereof, 
 we bind ourfelves, and every of us, by himfelf and her- 
 felf, for the whole and every part thereof, our and eve- 
 ry of our heirs, executors and adminiltrators, and eve- 
 ry of them firmly by thefepicfents. Sealed with our 
 feals, and dated the . 
 
 jFor the Payment of Money by a Corporation^ 
 
 The prefident, managers and company of the — — 
 turnpike road, do hereby acknowledge to have receiv- 
 ed of Aaron Awl, one thousand dollars, lawful money 
 of the United States, which the faid company promife 
 to repay to the faid Aaron JvjI, his executors, admin- 
 ifl:rators or aifigns, with intercft for the fame from the 
 date hereof, after the rate of fzx dollars for one hundred 
 
 dollars by the year, at • , on three months notice 
 
 to be given in writing, either by the faid company, to 
 the faid Aaron Awl, his executors, adminiibators or 
 afligns ; or by the faid Aaron A%vl, his executors, ad- 
 minifirators or aifigns, to the faid company's clerk at 
 
 : For the true payment whereof, in manner a- 
 
 forefdid, the faid company do hereby bind themfelves, 
 and their fucceffors, in the penal fum o^ two thousand 
 dollars, money aforefiiid. In witnefs whereof, the faid
 
 BOND. ^51 
 
 company have caiifcd iheir common leal* to be heic;^ 
 unto uilixcd, this uay of . 
 
 j^ond with JFjrrant of Attorney to confess Judgment^:. 
 
 Know all men by ihcfe prefents, that 1 Titus Bainn^ 
 
 of , in the county ot" , and commonuealtli. 
 
 of •, am heidand tirmly bound unto Samuel ^ag' 
 
 /y, of , ii» the fum of — dollars, to be paid to the 
 
 faid Samuel Quigly^ or his certain attorney, executors* 
 adminiRrators or alfigns ; to which payment v» ell and 
 truly to be made and done, I do bind m}r:'r, my heirs, 
 executors and adminiilrators, and e\ ery of them, iirm- 
 Jy by thefe prefents : Sealed with my fcal, dated the 
 ■ day of . 
 
 '• 
 
 The condition of this obligation is fuch, That if the 
 above bound Titus Baum^ his heirs, executo>h, admi- 
 niftrators, or any of them, fliall and do well and truly 
 pay or canfe to be paid, unto the above named Samuel 
 Q_uigh\ his executors, adminiib'ators or ailigns, 
 
 thejulland full fum of dollars, wkh legal intereft 
 
 for the fame, on or befoi e the ■— ^- day of , without 
 
 * A corporation being' an invisible body, cmmot uiamfL'St its in* 
 tcnlious, by any personal act or oi\4l cllscoiu'se ; it theiefoie acta 
 and speaks only by lis common seal, and by its corporate niMnc. 
 
 A corponitJon ciuinot be executor or administrctor, or pcrfornx 
 any personal duties ; for it cannot take an o„th for the due exe- 
 cution of the office. It cannot be seised of laJids to tbe use of ano- 
 ther ; for such kind of confidence is fovoii;ii to the end of its insti- 
 tution. An aggregate corporation (i. c. consisting of nivaiy per- 
 sons united together into one society) may take goods and chattoia 
 for the benefit of themselves and their successors, but a sole cor- 
 poration (i. e. consisting of one person only) cinnot; for s\ich 
 moveable property is liable to hz lost or einbczzled, and would 
 raise a muliitude of disputes between the 3ucce^;;or ajid ex>ccutorj 
 which the law is cavefij to avoid. I Biaci 50^i S;Ca 
 
 [33]
 
 253 B O N^D, 
 
 fraud or further delay, then this obligation to be void 
 and oi none eticCt, or cile to be and remain in luii loree 
 and Virtue. 
 
 To Abncr Lyle^ efqiiire, attorney of the couit of com- 
 mon pieab at , in the couiiiy of ■ , in tnc torn- 
 
 monweauhof , or to any other auoincy oi the 
 
 faid court, or of any other court eikwheie. 
 
 Whereas I, Titus Baum^ oi- , by a certain obli- 
 gation bearing even date heiewith, do iland bound . n- 
 
 to Samutl^iigly, of — —y in ihe fum oi" \_pc'?}alty~\ 
 
 conditioned lor tue payment of \real debt]'Vht{i: are 
 
 to deiire and authoiifc you or any of you, to appear ior 
 me, my heirs, executors, or admiuiftrators, in the faid 
 court, or elfewhere, in an action of debt there or eire- 
 where brought, or to be brought, againil me, my heirs, 
 executors, or adminiflrators, at the fuit of the faid Sa- 
 mucl Quighy his executors, admiuiftrators or affigns, 
 on tliefaid obligation, as of any term, or time pall, pre* 
 fent or any other fubiequent term or time, there or 
 elfewhere to be held, and confefs judgment or judg- 
 ments thereupon againft me, my heirs, executors, or 
 
 adminiflrators, for the faid fum of , [^pejialtyj^, 
 
 debt, beiides cofls of fuit, by fwnsum informatus^ ni- 
 hil elicit, or otherwife, as to you Ihail feem meet : and 
 for your, or any of your fo doing, this fliall be your 
 fufiicient warrant. And 1 do hereby ibr myftlf, my 
 heirs, executors, and admiuiftrators, remifc, rekaie 
 and forever quit claim unto the faid Samuel ^mglyy 
 his certain attorney, executors, admiuiftrators and af- 
 figns, ail and ail manner of error and errors, mifprifi- 
 ons, mifentrics, defe6ls and imperfe^lions whatever in 
 the entering of the faid judgment, or judgments,or any 
 procefs or proceedings thereon, or thereto, or in any 
 wife touching or concerning the fame. In witnels 
 whereof! have hereunto fet my hand andfeal the — — * 
 day of ^ Sealed and deiivcred, S<.c,
 
 BOND. 2-9 
 
 Bail Bond to Sbcrijf, 
 
 Know all men by thcfe prcfents, that wc Ezra IIycU\ 
 
 of-^-, and John Kchn, of , arc held and ihmly 
 
 bouud unto LcuiMan^ efq. hit^h flicrift'of the county of 
 
 Greene^ in the luniof dollars, to be paid to th,e laid 
 
 fherifF, or to his certain attorney, executors, adnuni- 
 llrators ot aflii^ns ; to w hich payment well and truly 
 to be mude, we do Ijiiid ourfelves and each of us for and 
 in I he whole, our and each of our heirs, executors, and 
 adniinillrarors, jointly and feverally by thefe prefents. 
 Sealed witii our icals and dated the day of . 
 
 The condition of this oblio^ntion is fuch. That if the 
 above bounden Ezra Hyde, Ihall be and appear before 
 the judgesof the court of common pleas, to beheldat — 
 
 inand for ihe coQTTty afoVefaid, the^^—^dayof next^ 
 
 then aiid there to anfw er Katban Oldy of a plea, that 
 &:c. [pursue tbe words, or set forth the substance of 
 the writ'] then this obligation to be void and of none 
 cfFe6\, or elfe to be and remain in full force andvirtue- 
 
 Sealed and delivered E-^ra Hyde, !.w* 
 ill the prefcnce of 
 
 * * 
 A. b" " 
 C. D. Jobn Kcim^ «.s>f /.* 
 
 Bail Bond to Constable, 
 
 We Adam Bend, [the defendant'] and Caleb Doe^ 
 \_the surety'] are held and fnmly bound unto Enoch 
 
 Eelty, conftable of the townfliip of , in the fum of 
 
 ' 't on condition that the faid Adam Bend fliall be 
 
 and appear before John Peacemaker, efquire, juftice of 
 
 t The jnslice should indorse upon the ivariv.nl or cajjiiis the sum 
 reciuircd, lo be tuken, vhich ouijhl tu be sufiicicut lo cov9r the 
 dtbt; interest und costs.
 
 260 B O N t). 
 
 peace in the townfliip of , on the clay of -^ 
 
 to auf^ver unto TbomasTrottblc'some^ in a plea of . 
 
 Witntfs our handb and ftals the day of . 
 
 Rcpleiiin Bond by Plaintiff, 
 
 Rno\v all men by thefe prefents, that we Minor Vin- 
 
 csnty of , and Tttiis Lamb^ of , are held and 
 
 iirmly bound unto Lucas /l/cz/i, clq. high flieriiF of the 
 
 couuty of , in the fiimof ^lyo /;z/«^/;W dollars, to 
 
 be paid to the faid fliei iff,or to his certain attorney, exe-. 
 cutors, adminiflrators or afligns ; to which payment 
 well and truly to be made, we do bind ourfc^lves, and 
 each of us, for and in the whole, our and each of our 
 heirs, executors, and adniiniftrators, jointly and feve- 
 rally by thefe prefents, Sealed with our Teals, and da- 
 ted the , 
 
 The condition of this obligation is fuch, That if the 
 above bounden i5///2Cir Vincent^ fliall be and appear be- 
 fore the judges of the court of common pleas, to be 
 
 held in and for the coTinty aforefaid, the day of 
 
 next, then snd there to profecute his fuit with 
 
 cfFccl, and witi>out delay, againft Noah Nidig, for tak» 
 \\^% and uiijullly detainin,!^ his goods and chattels, to 
 wit, one red cow, and nuo sheep, of the price of — — 
 lawful money, &c. [or, one bed, one chesty ^c. of the 
 
 value of ] and alfomake return of the faid goods 
 
 and chattels, if return thereof Ihall be adjudged by law, 
 and alfo fave and keep harmlefs the faid fiieriff touching 
 the replevying the goods and chattels aforefaid, then 
 the above obligation to be void and of none efft6l, or 
 clfe to be and remain in full force and virtue. 
 
 Icj™ Th.is bond is to be taken from the plaintiff in the 
 replevin, and one refponfible perfon as furety,in double 
 the value of the goods diftrained, before it is ferved up? 
 pn the defendant. Sec Read's Dig. 204.
 
 BOND, 261 
 
 "■*' 
 
 Rcplculn Bund by Defendant. . 
 
 Know all men hy tlicTe prefcnts, that we GeorgelTainSy 
 
 of , and Caleb Doe, ot , arc held and lirnily 
 
 bound unlo Enuch Fairplay^ el'quire, higii Iheriu of 
 the county ol Berks, in tht- I'um of three bimdre'd dol- 
 lars, to be paid to the faicl ilitriff, or to his certain at- 
 torney, executors, adminilirators or afiigns ; to which 
 payment well and truly to be made, we do bind our- 
 ielves, and each of us, for and in the wiiolc, our :irsd 
 each of our heirs, executors and admiuillrators, joiv.iiy 
 and fcverally by thcfe prefcnts. Sealed with our fcals, 
 and dated the day of , Anno Domini , 
 
 Whereas a writ of replevin wherein Jbel Bovd^ is 
 ^plaintiii", and George llalns defendant, hath ilfued out 
 of the court of common pleas, in and for the county of 
 
 J^erks, and is made returnable upon the next, for 
 
 one bay geldings of the price of dollars, v hich 
 
 the faid George Ilains doth unjullly detain, as it is laid. 
 And \vhereas the faid George H.iins, doth plead \no- 
 perty in the faid bay gcld'nig^ by reafon whereof the 
 fame cannot be given up under the faid writ. 
 
 Now the condition of the above obligation is fuch, 
 That if the faid George Hains^ niail be and appear at 
 the county court of common pleas, to be held at Read- 
 ings in and for the faid county, upon tlic next, 
 
 then and there to defend dikI make good his claim to 
 the faid ^./>'^t/c//«j/", and Iball make return of the fnd 
 bay gelding y if return thereof fliall be adjudged by law, 
 and Ihall alf) faye, keep harmlefs and indemnify the 
 fiifl llicriff in the premifes, then this obligation to be 
 void and of none eticct, or elfeto be and remain in full 
 force and virtue. 
 
 IrrT' This bond is to be given by the defendant, and 
 applies to tlifi pra^ice in Peiinfylvania, where reple-
 
 262 BON D. 
 
 vinsjfTue whenever a plaintiiTclaims goods in the "pof- 
 fefiu)!! of another, in l">np:hinc!, moft calcs of replevin 
 arc founded on previous dilhefTes for rent ; ancl it is 
 even faid in fome books, that it lies in no other. In 
 fnch replevins, property cannot be pleaded by the de- 
 fendant, but muft be given up to tiie plaintiff. Of 
 courfe, this kind of bond is not required. 5"^^ 1 Dull, 
 Rep, 156. 
 
 Bond of Sheriffs. 
 
 Know all men by thefe prefents, that we Abel Bond, 
 Caleb Doe and Enos French, are held ai\d firmly bound 
 inito the commonwealth of Pennsyhania^ in the fum 
 of dollars, to be paid to the laid com- 
 monwealth, for the ufes, intents and purpofes declared 
 and appointed, in and by an a6\, entitled, ^' An a6l di- 
 re61int>: flieriffs and coroners to give fufEcient fureties 
 for the faithful execution of their official duties, and for 
 other purpofes," to which payment well and truly to 
 be made* and done, we bind out felves, our heirs, exe- 
 cutors and adminiftrators, jointly and feverally, firmly 
 by thefe prefents, fealed w ith our feals, and dated the 
 
 • day of , in the year of our Lord, one thou- 
 
 liuid eight hundred and . 
 
 '& 
 
 The condition of the above obligation is fuch. That 
 if the fiiid Jbel Bond, after he fliall be duly commifiion- 
 
 ed Iheriff of the county of , for the term of , 
 
 from and after the fecond Tuefday of Oclober in the 
 year laft aforefaid, Ihall and do without delay according 
 to law, well and truly ferve and execute all writs and 
 procefs of the faid commonwealth to him directed, and 
 iliall and do from time to time upon requeft to him for 
 that purpofe made, well and truly pay or canfe to d:)e 
 paid to the feveral fuitors and parties interefied in the 
 c^iecution of fuch writs or procefs, their lawful attor- 
 
 #
 
 BOND. 263 
 
 nics, factors, agents or aftigns, all and every fum and 
 funis oi' money to ihcni lel'pcdive'.y bcionging, w hicli \ 
 ilKilicomc to ins hands, and iliail and do iVcni tinu to 
 time, and at all tmics during his contii.uancc in the 
 faid oflicc oflherifl^, well andlcUthUilly execute and pcr< 
 foim all and every ol the triilts and tintics lo tfie Lid 
 otiice appertaining, ihcuthis ob igatiun tube void, or 
 cUe to be and remain in lull I'urec and virtue. 
 
 ;;C ' The fum required of the dificrent flierifFs will be 
 found in the law irom which the above lorm is taken. 
 The' coroner of each county before he Iball execute 
 any of the duties of his ofiice, fdali become bound in vk 
 fnuiiar ol3hjnition, with at leaft two fifacient fureties, 
 in like circumlbnces in one fourth o the fum which 
 is required from the Ihei ifl' of the fame county, '■'■ that 
 he will well and truly pciform all and hiitiuhtr the du- 
 ties to tlie faid office of coroner appertaining." Sec 
 V Acts, 497. 
 
 Bond of Constables* 
 
 Know all men by thefe prefents, that we Thomas 
 
 Gilts of , and John Udric^ of , are held and 
 
 firmly bound unto the commonwcahl oi Pc7i??syhc7n a j 
 in the fum of o?ie thousaiid dollars, to be paid to the 
 faid commonwealth ; to vhich pa} m:nt well and tiuly 
 to be made, we do bind ourfehts, and each cf us, 
 jointly and fevcrally, for and in the A\hole, our and each 
 of our heirs, executors and adminillrators, f miiy by 
 thefe prefents. Sealed with our feals, and dated the 
 . day of . 
 
 Whereas the faid Thomas GiUs, hath been duly 
 clecled and returned to the court of quarter fcflions of 
 
 the peace in and for the count} ol l;y the inh;.bi- 
 
 tants of the townfliip of , in faid county, as conlla?
 
 264 BOND. 
 
 ble for faicl townfliip, for the enfuing year, and his faid 
 eitdiion being coniiimcdb} iht faicl court : iSow the 
 coiiditiou of this obligation is fuch, That ii the faid 
 Thomas Giles ^ Ihali and do well and trn!v ftrve and 
 execute all writs andproccfs to him dire6\ed, without 
 delay and according to lav. , and fhail and do from 
 time io time upon requeft to him for that purpofe made, 
 well and truly pay or caufe to be paid, to the feveral 
 fuitors and parties intereiled therein, their lawful attor- 
 jiies, fadlors, agents and afiigns, all and every fum and 
 funis (if money, to them refpe6livcly belonging, which 
 fl'iall come to his hand^, and (liall and do from time to 
 time and at al! times during his continuance in the faid 
 
 ofrxc of conlliibje for the towniliip of aforefaid, 
 
 well and faithfujly execute the faid office, and perform 
 in all tilings the iluty and trull in him repofed according 
 to law, then the above obligation to be void and of none 
 efle^l, or elfe to be and remain in full force and virtue. 
 
 By a Trustee of an Iiisohent Debtor, 
 
 Know all men by thefe prefents, that we Abel Bell^ 
 
 and Conrad Dana^ both of ^ yeomen^ are held and 
 
 firmly bounduntqthe commonwealth oiPennsyhania^ 
 
 in the fum of 1- dollars, \_such penalty as the court 
 
 shall direct'] ; to ivhich payment well and truly to be 
 made, we bind owfelves, our and every of our heirs, 
 executors and lidminiflrators firmly by tlicfe pre- 
 fents. Sealed wilh our feals. Dated the . 
 
 The condition df this obligation is fuch, That if the 
 faid .^^<?/i>W/,fljai faithfully perform his trufl in the 
 office or duty of truftee to John Dicky an infolvent 
 debtor, to which he was appointed by the court of com- 
 mon pleas of the county of , on the day of 
 
 " , then this obligation to be void, otherwife to be 
 
 and remain in full forc^ and virtue.
 
 BOND, -6$ 
 
 Admihistrauun BoncL 
 
 ]^no\v all men b\- thcfc prefcius, that wtAbher Blh^^ 
 
 of , George IIollis^ of ^^iiWiX Ezckicl tain^ 
 
 of , arc htld and lirmly bound nnto the comnion- 
 
 uealdi of l^'unlyivauia, inihcfam oi , \j-eiipcct be^ 
 
 ing Luid to the "oalue of the cstatel ^'^^'^f'-il ino- 
 ncy, 'i^c. to be paid to the faid commonwealth r to 
 which payment well and truly to be made, we do 
 bind ourRlvts, ar.d each of us, for and in tiie whole, 
 our and each of our heirs, executors and admiuilbators, 
 jointly iiiid fjvcrally by thefe prefents. Sealed witii 
 oui feals, and dated the ^ . 
 
 The condition of this obligation is fuch. That if the 
 within bounden Abner Blhs, adminillrafor of all ;nicl 
 fmgiilar the tj^oods, ch'ituls and credits of C'/^z/-^/^ Da^ 
 gcn^ deceafcd, do make, or caufe to be made, a true 
 and perfed: inventoiyrf al! and 'lin;Li;-u.'ar the i^-ooci.^, chat- 
 tels and credits of the fiid deceaied, which have or 
 fiiall come to the hands, pj^flVfllon or knowledo^e of him 
 the faid Abucr Bliss, or into the hands and polfefilon of 
 any other perfon or pes fons,.for him, and the fcnnc, fo 
 made, do exhibit, or caivfe to* be exhibited, into the 
 
 regiller's oflic.e, in the county of , at or before the 
 
 day of nextenfninjy ; and the fame j^oods, 
 
 chattels and ci edits, and all ot!=ier the goods, chat- 
 tels and credits of the faid deceafcd, at the time of 
 his death, which at any time after flinll come to the 
 hands or polfeflinn of the f.id Jibncr Bliss, or int(> ':he 
 hands and polfeffion of at^y orh<^r jjerlonor peifons for 
 him, do well and truly adminiller aecordini;- to law ; 
 and further do make, or caufe to be rqnde, n true and 
 jull account of his faid ad mini drat ion, at or bcfo'-e the 
 
 day of , and all the reO and rr fidue of die 
 
 fiiid gwods, chattels and credits, which lliall be fouicl 
 icmainintj upon the faid adminiftrator's account, die;
 
 me B o N D^. 
 
 fame being firft examined and allowed of, by tBe <5r^ 
 
 phans court of the county where thefaid admijiiftration 
 is granted, fliail deliver and pay unto fucii peifon or 
 perfons, refpeclively, as the faid orphans court, by their 
 decree or ientence, purfuant to the true intent and 
 meaning of this a»St, Ihall limit and appoint ; and if it 
 iliall hereafter appear that any laft will and teftament 
 was made by the faid deceafed, and the executor or ex- 
 ecutors therein named do exhibit the fime into the faid 
 regiller's office, making requeM, to have it allowed and 
 approved accordingly, if the faid Abner Bliss withiii^ 
 bounden, being thereunto required, do render and de- 
 liver the faid letters of adminiilration, approbation of 
 fuch teilament being firll had and made, in thefaid re- 
 gifter's office, then this obligation to be void and of 
 aione effe^i, or elfe to remain in full force and virtaCo 
 
 He funding Bond. 
 
 Know all men by thefe prefents, that we John Boe'^. 
 
 ^f , legatee under the teftament and laft will 
 
 of Bion Bell^ deceafed, and John Hone^ of ,, 
 
 are held and firmly bound unto Waltar Hone^ and 
 Richard Sloan, executors of the faid Bion Bell, de- 
 ceafed, in the fum o^ four hundred doW-dis, to be paid 
 to the faid JFaltar Hone and Richard Sloan, or to their 
 certain attorney, executors, adminiftrators or affigns; 
 to whicli payment well and truly to be made, we bind 
 ©urfelves, and each of us by himfelf, for and in the 
 whole, our heirs, executors and adminiftrators, and 
 every of them, firmly by thefe prefents. -Sealed with 
 our feals, and dated the . 
 
 Whereas the faid Bion Bell, by his laid laft will and 
 
 feftament, bearing date the day of laft paft. did 
 
 give and bequeath unto the faid John Roe, a certain le- 
 gacy of Hv9 hundred dollars, [or, qus equal pari
 
 codicil: 2G7 
 
 €f his personal estate after the payment of debts*] as 
 by the laid in part recited will, duly proved and remain- 
 ing in the regiller's otlicc at appears. 
 
 Now the condition of this obligation is fuch, That 
 JTany part or the whole of tlie laid legacy, Ibali at any 
 "time after payment tiiereof to the laid foh?! yv'oc?, 'appear 
 lo be wanting to difchargc any debt or debts, legacy 
 or legacies, which the faid executors fliall not have o- 
 ther aif-^'tsto pay ; then and in fuch cafe, if the faid Johit 
 i?;?^, his heirs, executors or adminilbators, fliall and 
 do return the faid legacy, or fuch part thereof as fliall 
 he nccelfitry for the payment of the faid debts, or the 
 payment of a proportional part of the faid leecacies, then 
 this obligation iball be void and of none eife6t, or elfc 
 ihall be and remain in full force and virtue. 
 
 Kj° No fuit can be brought in Pennfylvania for a le- 
 gacy, till fuch a bond be previoufly tendered to the 
 executor or adi-nijiiftrator with the will annexed. On 
 refufal to accept the fame, the legatee fliall file it witli 
 the clerk of the court before obtaining any procefs a- 
 gainft fuch executor or adminiftrator. See Beacl^s- 
 l)ig. 232. 
 
 * In this latter case the bond must be jvlven in double tlic sum, 
 >yhich the person shall tliiuk liinisclf entitled to. 
 
 CoDiciU 
 
 I Abel Beam, of— — , do make this codicil to l>e ta 
 4en aspart of mv. laft will and tcftamcnt, as follows, 
 that is to (liy : Whereas I have, by my faid will, given tV.
 
 ^68 CODICIL. 
 
 ihyTons Waltar Beam^ and Silas Bcam^ tlie fum of 
 
 ~ each, rormuaining : Imovv 1 do hereby revoke 
 
 and make void the laid legacies to my Tons ; and 1 do 
 hereby give and bequeath unto my laid ion Waltar 
 
 Jhonl, the i'um of , over and above the lum of ^, 
 
 tvhich i have given him by my laid will. In witncls 
 tvhereof I have to this codicil annexed to my faid will, 
 fet my hand and feal die day of . 
 
 Another Form. 
 
 I Ah7ier Blight, of , do this day of ^ 
 
 make and pubiiih this codicil to my kill will and tefta- 
 nient in manner following, that is to fay : I give to my 
 niece Mary Slhny one gold watch and one fdver coffee 
 pot. And whereas iri and by my lad will and tefiament 
 I btive given and bequeathed to my daughter in law 
 
 the fum of , 1 do hereby order and declare that my 
 
 will is, that only the fum of be paid unto her iii 
 
 full of the faid legacy I have as aforefaid given and be- 
 queathed untQ her, and that the remaining part of the 
 faid legacy be given and paid to my nei}hew Ezra Hoe. 
 And laftiy, it is my defire that this my prcfent codicil 
 be annexed to, and made a part of \\\y lall will and 
 tellamentto ail intents and purpcfes. in witnefs, &.c. 
 
 ICT" A codicil, codicilhis, a little book or writing, is 
 $L fnpplenient to a will ; or an addition made by the 
 teftator and aniiexed to, and to be taken as part of, a 
 teilament : being for its explanation, or alteration, or 
 to make fome addition to, or elfefome fubtraftion from 
 the former difpofitions of the teilator. It may be either 
 •written or nimcupative. 2 Blac. 504- 
 
 In cafe of a real cflate, a codicil cannot operate, nil- 
 lefs it be executed according to the ibtute of frauds aufl 
 perjuries. 1 Aik. 425^
 
 C O M r O S I T I O N. 269 
 
 It is not necclTciry tbnt the cofHcil be annexed to the 
 ^vill ; it 1T103- be in a Itnai ate inUrumtnt ; ytt the will 
 and eodicii nuike both but one w ill. 1 ('cs. 442. 
 
 CoinpjDStiou. 
 
 JFitb Creditors. 
 
 To all to wliom thefe prefents (liall come, We ^vhofe 
 nanu'sare here '.inder written, and Teals arilxnl, credi- 
 tors o^Jbel BitL\ of , fend grcetinp^ : *\\'!iercas the 
 
 hk\ J if e/ Bite, doth }i\({.\y owe, and is indebted imta 
 lis, hisCiid ieveral creditors, in divers funis of monev ; 
 but by rcafon of many loflls, great hindrunc^s, and o- 
 thcr dania,4es happened unto the faid .^li?e/ Bite, he is 
 become utterly unable to pay and Auisfy us our full 
 debts, with fuch p^oods, wares and mcrchandifes as he 
 hatii, which we the faid creditors are unwilling: to ac- 
 cept of, or any ways to intermeddle with the fame , and 
 therefore we the faid croditorshave relblved and ag:reed 
 to undergo a certain lof-, ar.d to accept o{ fve shillings 
 for every pound owinsj by the faid Jbcl Bite to us the 
 feveral and refpeclive creditors aforefaid, to be paid m 
 full fatisfadlion and difcharjre of our feveral and refpec- 
 tive debts : Now know ye, thnt we the faid creditors 
 of the (liid Abel Bite, do for ourfelves feverally and re- 
 fpe^lively, and for our feveral and rcfpe8ive heirs, ex- 
 ecutors and adminidrators, covenant, promife, com- 
 pound and agree, to and with the faid Abel Bite, his 
 executors and adminiftrators, and to and with every of 
 tiicm by thefe prcfent^i, that wc tlie faid feveral and" re-
 
 $70 C O M P O S I T I O N, 
 
 fpeclive creditors, and our fcveral and refpe6live 
 executors, adminillrators and affigns, fliall and will 
 accept, receive, and take of and from the liiid ^Z'e/ 
 J^ite^ his executors and adminiftrators, for each and 
 every pound that the faid Abel Bite doth owe and is in- 
 debted to us the faid' feveral and refpeclive creditors, 
 the funi or/rj<?^Z/i//i;7gi', in full difcharge and iatislac- 
 feion of the feveral debts and fums of money that the faid 
 Abel Bite doth owe and Hands indebted unto us the faid 
 creditors refpeclively ; fo that the faidfum olfi'ue sh'iU 
 iings^ to be paid for each and every pound that the faid 
 Abel B'lt-e doth owe and ilandeth indebted unto us the 
 faid feveral and refpeclive creditors, be paid unto us 
 the faid feveral and refpective creditors, our feveral and 
 refpe6llve executors, adminiftrators or aifigns, within 
 the time or fpace of six months next after the date of 
 thefe prefents : And we the faid fever;il and refpeclive 
 creditors, do feverally and refpeClively, for ourielves, 
 our feveral and refpeClive heirs, executors, adminiftra- 
 tors and affig-ns, covdiant, grant, promife and agree, to 
 and with the faid Abel Bite, his executors, and admin- 
 iftrators, that he xhitSviid Abel Bite, his executors, ad- 
 miniftrators and affigns, fliall and may from time to 
 time, and at all times within the faid terra or fpace of 
 six months next enfuing the date hereof, afllgn, fell, or 
 othcrwife difpofe of his faid goods and chattels, wares 
 and merchandifes, at liis and their own free will and 
 pleafure, for and towards the payment and fatisfiiClion 
 of the {■AiCxfi'De shiUlngs for every pound the fi\id Abel 
 Bite doth owe and is indebted asaforefaid, unto us the 
 faid refpeclive creditors : And that neither \Ve the faid 
 feveralandrefpe6livecreditors,oranyofus, nor the exe^ 
 cutors, adminiftn.torsorafiignsofus, or any of us, fliall 
 or will, at any time or times hereafter, fuc, arreft, mo- 
 left, trouble, imprifon, attach or condemn the faid Abel 
 Bite, his executors or adminiftrators, or his or their 
 goods and chutteis, for any debt or other thing now
 
 COMPOSITION. 271 
 
 iTue and o^ving to us, or any of us Ms rcTpc<S\'ive credU 
 tors albrclliid ; lb as the laid Abel jBife, his executors, 
 or admini{lrators,do well and truly pay, or caufe to be> 
 paid unto us, his faid fcvcral and relpedive creditors, 
 the Hiid funi ol' Jive sbiUmgs lor every pound he^ doth 
 owe and llandelh indebted unto us relpedlively \\ ithiii 
 the laid time or fpace of ^^.x" months next cnlliing th© 
 date hereof. In witnefs, &.c. 
 
 A Deed of Compositicii of Dchts, 
 
 To all to M horn thcfc prefents fliall come, We whofo 
 names and feals are hereunto fubieribed and let, credi- 
 tors o{ Richird Crane and Caleb Roe^ of- , fend 
 
 grcetinpj. Whereas the faid Richard Crane and Caleb 
 JRoe, aie and do Hand jointly indebted unto us the faid 
 creditors, in divers funis of money, which they are 
 willing to fatisfy and pay as far as they are able : Now 
 know ye, that we the laid creditors who have hereto fub- 
 fcribed, our names, and affixt d our feals, finding that 
 the faid Richard Crane and Caleb Roe, are by lofTes 
 and otlierwife difabled, to pay our fnll debts, do feve- 
 rally and refpeclively agree, and bind ourfelves, our 
 heirs, executors and adminiftrators unto the laid Rich- 
 ard Crane and Caleb Roc, by thefe pre lints, to accept 
 and take of them the faid* Richard Crane and Calel/ 
 Roe, their executors or adminillrators, after the rate 
 
 of Ihillingsin the pound, in full f.\tisfa6\ion of all 
 
 fuch debts and fums of money as they jointly oAve to us, 
 and every of us refpeftively, the fame to be paid at 
 four equal payments on the days following, that is to 
 
 fay, the dav of , ^c. fo as the faid Richard 
 
 Crane ^w^\ Caleb Roe ^for ihe more fure and better pay- 
 ment of the feveral fums of money aforefoid, in recom- 
 penfe imkI fatisf i61ion of our and every of our faid fe- 
 veral debts as aibrellud,) their executors or adminiflraie
 
 272 C O M P O S I T O N. 
 
 tors, do before the day of become jointly and 
 
 feveraily bound, with luthcient furetics unto u^i, and 
 every of us refpe6\ively by obligation, in due form of 
 law to be made, fcaled and delivered to each and every 
 of us, and to each and every of our ufe and ufe^, by the 
 appointment of us, and each of us. 
 
 Provided ab.vays, that neither tliefe prefents, nor any 
 thing herein contained, ihall bind us, or any or either 
 of us who have hereunto fubfcribed our names and put 
 our feals, unlefs ail and every of the creditors aforefaid, 
 ilKtll have fealcd and executed the fame , on or be- 
 fore the day of next enfuing. In witnefs, £vC. 
 
 A?iother Form. 
 
 To all to whom thefe prefents fliall come, v;e 71)0- 
 
 mas Geof'/c and Robert Ycun^^ of , merchants and 
 
 copartners, and [Z'^TC were inserted tfje names of the oth- 
 er creditors'] creditors of Arthur Andrews of , fend 
 
 greeting, Whereas the i-AidJlrthur Andrews is indebted 
 unto us in the feveral fams of mone}> mentioned and fet 
 down in the fchedule here- under written, the whole of 
 which by reafon of feveral lolTes and misfortunes which 
 have haj^penecl unto him in trade and otherwife, he is 
 become difl'.bled to pay and fatisfy ; but being willing 
 anddefirous fofaras in him' lies, and his prefent cir- 
 cumftances will permit, to difcharge all and every his 
 debts, he hath propofed to us his faid feveral creditors, 
 parties hereto^ as the utmoft fatisfac^ion he is able to 
 make, to pay and fecure unto each and every of us ten 
 fliiilings in the pound for every pound, or fum of twen- 
 ty ihiliings, now bj him due and owing unto us his 
 faid feveral creditors, for and on account of our refpec- 
 tive debts in the manner folio v/ing ; (that is to fay) by 
 his, the iliid Arthur Andrews, delivering unto each 
 and every of us his faid creditors, \vithin the fpace of
 
 COMPOSITION, 273 
 
 ti^irty days next enfuing the day of the date of tliefe 
 prcfent;!, oitc pi omlUbry iioic figncd by him the faicl 
 Arthur ylndrcws^ bearing even date herewith, pavuble 
 to us icfpGCtivciy ororcier, tliiee monliib after tlic date 
 thereof, for fiich a fum of money as will amount to pay 
 eacii and every of us the faid creditors of the fukl Ar- 
 thur Andrews^ the full fum of Jiijc lliillings in the 
 pound for every pound or twenty iliilbngs of our re- 
 IpeciUve debts ; and alfo by his the faid Arthur An- 
 ^/rt'iy^,dclivering unto each and every of us his faid cre- 
 ditors, within the faid time of thirty days next eufuing 
 the day of the date of thefe prefents, one other promif- 
 fory note iigned hyW\n\K\i(^L\.\<\ Arthur Andrew s^ytuw- 
 ing even date herewitli, payable to Baptist Bary, of 
 — — clock-maker^ or his order, six months after the 
 •date thereof, forfuch a fum of money as will amount 
 to' pay ea(Ji and every of us the fasd creditors of the faid 
 -^r/Z?//r/^/;r//Tcy^, the further fum of/?-7;(? (hillings in the 
 pound forevery pound, or twenty niiHings,of our refpcc- 
 tivcdebts,and each of the faid laftmentioned,notcs tobe 
 indorfed by the ^aid B apt is t Bary to usthefaid creditors 
 refpe6\ively : And wc the faid creditors, parties hereto, 
 being contented andfatiified with fuch propofal of him 
 the faid Arthur Andrews, have agreed to accept of the 
 faid fum of /'^w lliillings in the pound forevery pound 
 or twenty iliillings (to be fecured as aforellud) in full 
 latisfaclion and difchargc of our faid feveral and re- 
 fpeclive debts. Now know ye, TUt we the faid feve- 
 ral creditors of the ^did Arthur Andrews, parties here- 
 to, do for ouifelvcs feverally and refpe61:ively, and for 
 our feveral and refpe(Slive executors, adminillrators and 
 afligns, covenant, compound, and agre^ to and with the 
 Hiid Arthur Andrews, his executors and adminillra- 
 tors, to accept, receive, and take from the faid Arthui/ 
 Andrews the faid promillbry notes (to be figncd by the 
 faid Arthur Andrcvjs, and made payable to us refpcr • 
 lively, or order, for the firft payment of /u^flul in es m 
 
 [35]
 
 :^4 G O M P O S I T I O rv. 
 
 the pound, and the faid promiffory notes to be figned"; 
 by t!ie laid Anhur J/idrcivs and indorfed by the laid 
 Baptist Bary for the lad payment of/'z;<? lliillings iiv 
 the pound as a(creilud) in fail difchars^e and fatislaclion 
 of the feveral debts and funis of money which the faid 
 Arthur Andrews doth owe unto us tJie faid creditors^ 
 parties hereto : And we the faid feveral creditors do, 
 for ourfeives feverally and refpeQively, and for our fe- 
 ■Veral and refpe^live executors, adminiftrators and af- 
 figns, covenant, promife and agree to and with the faid 
 Arthur Andrews, his executors and adminiftrators, that 
 lie the faid Arthur A?jdrews, his executors and admi- 
 aiiftrators, (liall and may from time to time, and at all 
 times hereafter until default lliall be made in the deliv- 
 ery of the Hiidnotes, figned by thdiiid Arthur Andrews^ 
 imd payable to us rcfpe6tively, or order, for the firlt 
 payment of^ve fiiillings in the pound, or the faid notes 
 iigned by the laid .//r?/6wr Andrews, and indorfed by 
 the faid Baptist Bary, fior the laft payment of ji-je 
 jQiillings in the pound, according to the true intent and 
 meaning of thefe prefents, or in the payment thereof, 
 aiTign, lell, or otherwife difpofe of his goods, chattels, 
 ■wares and merchandifes, at his own free will and plea- 
 sure, for and towards the payment and fatisfaclion of 
 the faid ten fiiillings in the pound for each and every 
 pound or twenty fiiillings that he the. iliid Arthur An- 
 drews, owes unto us as aforefaid : And the faid credi- 
 tors, parties to thefcprefents, in confideration that the 
 faid fum of ten Ihillings in the pound for every pound or 
 twenty fiiillings fo due and owing unto us from the faid 
 ^hthur Andrews, fliall be well and faithfully fecured 
 and paid in manner and form aforefaid, and according 
 to the true intent and meaning of thefe prefents, do 
 jhereby for ourfeives feverally and refpe£\ivcly, and for 
 our feveral and refpe6live heirs, executors, and admi- 
 •niilrators, remife, releafe, and for ever quit claim untO' 
 ^h^i^id Arthur Aj.ndrews^\ii^]^€\i'Sy executors and ad»
 
 COMPOSITION, 27t 
 
 njlniftrators, and every of them, all and all manner of 
 atlion and aclions, caiiie and caui'cs of attion, fiiits, 
 bills, bonds, writings, obligations, debts, dues, duties, 
 reekoiiings, accounts, fura and fums of money, judg- 
 ments, executions, extents, quarrels, controverliei, 
 tiefpalfes, damajics and demands whutfoever, ' both af 
 law and in equity, or othcrwife howfoever, which a- 
 gainfthimlhe fai'd Jrtbur AndrcTJSy we or any or ei- 
 tlierof us, ever had, now have, or which we, any or ei- 
 ther of us, or any or either of our heirs, -executors or 
 adminiftrators, ihall or may have, ciarm, challenge, or 
 demand, for or by reafon or m.cans of any a6l, matter, 
 caufe or thing uhaifoever, from the beginning of the 
 world to the day of the date of thefe prefents : And w e the 
 faid creditors, whofedebts are mentioned in the fchedule 
 hereunder written, to be due and owing to us from the 
 fiiid Arthur Aiulrcivs, on bonds and notes, do hereby 
 feverally and refpe6\ively, and for ourfeveraland refpec- 
 tive executors and adminiftrators, covenant, promife, 
 tmd agree, to and with the faid Arthur Andrews, his 
 executors and adminlftrators ; that upon his the faid 
 Arthur Andre-vos, delivcrinp; or cauling to be delivered 
 •unto us refpectively, fuch promiiTory notes figned by 
 the faid Arthur And'civs, and payable to us rcfpec\ive- 
 ly, or order, for the firll payment o{\/iVc (hillings in the 
 pound, and the faid promiiYory notes to be figned by 
 the faid 4rthur Andrews, and indorfed by the faid ^^/;- 
 tist Bary, for the latl pa\'ment of/-j^ Ihillings in the 
 •pound, according to the true intent and meaning of 
 thefc prefents, we the (liid creditors refpc6>ively,^ to 
 whom the fame fliall be fo delivered, fliail and will im- 
 mediately after the delivery thereof, deliver up to the 
 iiiid Arthur Andrews, or fuch perfon or perfons as he 
 iliall authorife to receive the fame, all fuch bonds, pro- 
 miilbry notes, and other fecurities, under the hand of 
 the faid Arthur Andrews^ which we, any or either of us 
 zefpettively now have in our hands, cultody, poJDTeflioa
 
 276 CONDITION. 
 
 or power : Provided always, that if the faid notes fo to 
 be Ugiied by tne laid Artbur Andreivs^ and payable to 
 us reipe6livciy, oi oulcr, us afoiefaid ; or the laid notes 
 io to be ij^iicd b) tla laid ArtburAndrenvs^ and indorf- 
 ed by tiic laid Baptist Bary^ as atbrcfaid, be not de- 
 livered into the hands, poiieilion, or power oi us the laid 
 creduor^j, parties hereto, respectively, according- to the 
 true mtent and meaning oi thefe preients, \Mtliin the 
 faid fpace ot" thirty days next enfuing- the date hereof j 
 or if the faid ni.>tes ihall not be paid at the refpe^live 
 times when the fame ihall become due and payable, 
 or within three days next after, '1 hen the above releafe, 
 and every other ctaufe, matter, and thing in this pre- 
 sent deed of compofition contained, as, to, or againft 
 the perfon or pcrfons to whom fuch default fliall be 
 luade, Ihall ceale, determine, and be utterly void, any- 
 thing herein before contained to the contrary thereof ia 
 any wife notwithflanding. In witnefs, &c. 
 
 To pay Money at different times. 
 
 The condition of this obligation is fuch, That if the 
 above bounden Matthc%v Mason, his heirs, executors, 
 adminiftrators, or any of them, fliall and do well and 
 truly pay or caufc to be paid unto the above named Ca- 
 leb Doe, his certain attorney, executors, adminiftrators, 
 or afligns, the juft and full fum of two hundred dollars 
 in manner following, to wit : Eighty dollars, part there- 
 of, on the day of May next enfuing the date here* 
 
 of ; sixty dollars more thereof on the -— day of A*^-
 
 CONDITION, 277 
 
 "cembcr, then next follov, iiicj ; and s'lxfy dollars, the 
 
 relklue, and in lull payment thereof", on the day of 
 
 Miiy^ which will be in the year of our Lord one ihoii- 
 
 land eight hundred and , without fraud or covin, 
 
 then thib oblig.ition to be void : But if deiauit llndl be 
 made in };aynient of any or cither of the faid fums on 
 the day;^ and times herein before mentioned, and ap- 
 pointed for payment thereof refpccUvely, then to be 
 and remain in full force and virtue. 
 
 For Payment of Money ^voith Intercst^at seiner al timcs% 
 
 The condition of this obligation is fucb, That if the 
 above bounden Caleb Doc^ his heirs, executors, or 
 adininillracors, do well and truly pay or caufe to be 
 paid, unto the above named jDi77;/c// /J<;T)(', his executors, 
 
 adminiRrators or afli[^!]s, the full fum of dollars, 
 
 with intereft for the fame, after the rate of lix dollars 
 for every one hundred dollars, for every year, on the 
 days and times, and in manner following, that is to fay. 
 
 The fum of dollars, part thereof, with interell 
 
 for the lame, alter the rate of hx dollars for every one 
 
 hundred dollars, for a year, on the day of- 
 
 next cnfuinj]^ the date of the above written obligation, 
 which \vill be in the year of our Lord one thoufand 
 
 ci|^ht hundred acid ; the fum of — '■ — dollars more 
 
 thereof, with intereft for the fame, ^fter the rate a« 
 
 forefaid, on the day of then next follo\\ iii^, 
 
 and the fum of dollars, refidpc thereof, with int^e- 
 
 fed for the fame, after the rate afo'efaid, on the 
 
 day of then next enfuing-, which will be in the 
 
 year of our Lord one thoufand eight htindred and , 
 
 then this obligation to be void, but if default lliall hap- 
 pen to be rnnde in payment of any or either of the faid 
 fevcral and refpcctive fums of money above mentioned, 
 with intereft as albrefaid, or any part of any of them , oa
 
 ^78 CONDITION. 
 
 :any of the faid days or times above mentioned for pay- 
 menl thereof, according to the true intent and meaning 
 of thefe prefents, then this obligation to l)c and remaiin 
 in fuii force and virtue. 
 
 T<3 Marry a certain Ftrson., or Pa^ a Sum qf ]\[oney\ 
 
 The condition of this obligation isfuch, That if the 
 
 above bounden Caleb Rovjan^ do, on or before the 
 
 day of next enfuing the date of the above writ- 
 ten bond or obligation, efpoufe and marr}^, according 
 to theufage oitht Epis.copal (A\i\rc\\ of the United States, 
 Molly iSVi??2, daughter oi Solomon Slim^ oi Middlctowu 
 aforefaid, if fiie the faid Molly Slijn, will thereunto 
 •confent, and the laws of the United States permit the 
 i*aid marriage to be confummated : Or, if it Ihall hap- 
 pen the fiiid Caleb Roivan Iliall not marry and take to 
 wife the faid Molly Sl'im^ as aforefaid ; if then the faid 
 Caleb Rowan do and ihall well and truly pay or caufe 
 to be paid to the fliid Molly Slim^ her executors, ad- 
 
 niiniflrators and afiigns, the full fum of dollars, 
 
 on or before the — ■ — day of above mentioned, 
 
 then this obligation to be void, or elfe to be and re- 
 main in full force and virtue. 
 
 To Execute a Con'ocyance, 
 
 The condition of the above obligation is fuch, That 
 if the faid Isaac Row, Ihall and do, on or before the 
 
 day of May next enfuing the date hereof, or in cafe 
 
 of his death before that time, if the heir or heirs of the 
 faid Isaac Row^ vvitliin fix months next after his de- 
 <ieafe, (if fuch heir or heirs fliall be then of full age, or 
 if within age, then within fix months after fuch heir or 
 heirs ihall be of full age) fliall and do, upon the reafon- 
 able requeft, and at the proper coil| and charges in thjt
 
 CONDITION. 279 
 
 Jaw, of the fliid Bion JVdsh^ l\is heirs or alTigns, make, 
 excciucandackna\vleclge,or caulcio to be, all and e\ery 
 ffich ad or acls, deed or deeds, conveyance or convey- 
 ances whatfoever which (hall be needlul or necelVar}-, 
 lor conveymg, afuiring, ellabhihing and confirming 
 unto the laid B'lon U'chb, his heirs and aiiigns, a good^ 
 pure, abfolute and indcteaiible ellatc of inlicritance in 
 iee rim))le, clear of all incumbiances, of and ina ccrtaia 
 iiiciluai^c, 8s.c. with the appurtenances ; and, if in the 
 mean time, and uhilc and until the fame deed or deeds 
 Ihall be executed, the faid Isaac Ro\-o^ his heirs and 
 aHigns, fliall and do permit and futfer the faid B'loj^ 
 Welsh ^ his heirs and alligns, peaceably and quietly to 
 have, hold and cnjo} the fame mefTuage, &c. Then, &.c. 
 
 To leaiie Money to a JV'tfc, 
 
 Whereas a marriage is intended to be fliortly had 
 and folemnized between the above bounden John Colt, 
 and Hannah Beam^ 'the mother of the above niuiied 
 Giles Beam and Safni/cl Beam,) Now the condition of 
 the above obligation is fuch, 'ihat if^afrcr the laid in- 
 tended marriage^ the faid H'.innab (liall happen to fur- 
 vive the faid John, her intended hufcand, then, and int 
 fuch cafe, if the heirs, executors or admin illratovs of 
 him, the laid John, fliall and do, withiii the fpace ofV. 
 six months, next after his deceafe, well and truly p-y^, 
 or caufe to bcpaid, u ito her, th'- faid Hannah, or her 
 alugns,the fumof o;/t' hundred pounds,to,^ni\fc.r herowrk 
 proper ufe and beriLTit, and tb be at her own free and ab- 
 folute difpofal, wirhout any manner of account to be 
 given by her, for or concerning the fame, then the a- 
 bove obligati©;! to be void and of none effe^l, or elfe to 
 remain in full force and virtue.
 
 280, CONDITION, 
 
 To Secure a Sum of Money to an iniended Wife. 
 
 Whereas a marriage is, by God's permiffion, intend- 
 ed Ihortly to be had and foltmnized between the above 
 bound James Jones aiidJJetsy Pole, one of the daugh- 
 t€rs of the above named phii'ip Pole : And vvhereas 
 the faid James Jones^ in coniideration of the faid in- 
 tended niarriiige, and of the portion dr fortune of the 
 faid Betsy FoU\ hath agreed that if the faid intended 
 marriage Ihall take effecl, and the faid Betsy Pole Ihall 
 happen to furvive him, and there fhall not be any child 
 or children begotten between them, nor any iiTue of 
 fuch child or children then living, or afterwards bom 
 ahve,that fl"je the faid Betsy P<)/<7, Ihall have and receive 
 out of the ertate and eire61s of him the faid James Jones, 
 to and for her ov.n proper ufe and benefit, the fum of 
 — — — dollars ; but in cafe the faid Betsy Pole, fliall 
 furvive the faid James Jones, and there Ihall be any 
 child or children begotten between them, or any ilTue 
 of fuch child or children then living, or afterwards born 
 alive, that then and in fuch cafe, the heirs, executors, 
 or adniiniilrators of the faid James Jones, Ihall within 
 three months, next after his deceafe, Vs'ell and truly pay 
 or caufe to be paid unto the faid Philip Pole and John 
 Pole, or the farvivors of them, his executors, admini- 
 
 llrators or alfigns, the full fum of dollars, upon the 
 
 trulls hereinafter mentioned. Now the condition of the 
 above written obligation is fuch, that if thefaid intended 
 marriage fliall take eiFe6l, and the faid^(?^5yP<7/dhall hap- 
 pen to furvive the faid James Jones, and there fhall not 
 be any child or children begotten between them, nor 
 any ilTue of any fuch child or children, who ihall be 
 living at fuch the deceafe of the faid James Jones, or • 
 afterwards born alive, then and in fuch cafe if the heirs» 
 executors or adminiltrators of the faid James Jones^ 
 fliall and do immediately after fuch the deceafe of the 
 {^vlJamjr Jcncs.^ wtII and truly pay or ^aufe to be paid.
 
 CONDITION. 2Ql 
 
 \into thefaid Bcisy PoL\ the full and juft fiim of — • 
 doiiais, to and lor iitr own proper ufe and bcnclit for 
 ever ; or in calc the faid Bttsy Pole Ihall happen to fur- 
 vive the faid James Joncs^ and there fliall be any child 
 or children begotten between them, or any iilne yffucU 
 child or children living at fiich the deceafe ol the faid 
 James 'Jones^ or afterwards born alive, then if tha 
 heirs, executors or adminillrators of the faid James 
 Jones, Ihall and do within three months next after fucU 
 the deceafe of the faid James Jones^ u ell and truly pay 
 or caufc to be paid, unto the faid PhililJ Pole imdJo/jit 
 Pole, or the furvivor of them, his executors, admini- 
 llrators or afligns, the like fum of dollars, upon the 
 
 trufts, and to and for the intents and purpofes herein- 
 after mentioned, and declared of and concerning the 
 fame, that is to fay : In truft, that they the faid Pbilijj 
 Pole a.ndJo/jn Pole, or the furvivor of them, his exe- 
 cutors, adminillrators or afligns, do and fliall, as fooii 
 as conveniently may be, after the receipt thereof, lay 
 
 out the faid dollars, in the purchafe of fuch funds 
 
 or ilock as they Ihall think fit, and pay to or otherwife 
 permit and fuller her the faid Betsy Pole, or her afligns, 
 to receive and take the intereft or annual dividends and 
 profits thereof, during her natural life, and from and 
 immediately after her deceafe, in trull that they the faid 
 Philip Pole and John Pole, or the furvivor of them, 
 his executors, adminillrators or afiigns, do and fliall 
 
 pay and difpofe of the faid dollars, and afiign and 
 
 transfer the faid fund* or flock, wherein the fame fliall 
 be then vefled, unto und equally amongft all and every 
 the child and children of the body of the faid James: 
 Jones, on the body of her the faid Betsy Pole, his in- 
 tended wife, to be begotten, which lliall be living at 
 the time of the deceafe of the hiid Betsy Pole, and the: 
 jlfue which fliall be then living of fuch child or chil- 
 dren of the faid James Jones and Bets^ Pole as fliall 
 Ijappeu to die in the lifetime of the iitid BeUy Pok k
 
 282 C O N D I T I O Nc 
 
 fuchilTue neverthelefs toiake only the fame fliarethercof 
 as his, her, or their relpective iuther or mother ^voukl 
 liave been entitled to, il living, at the deccale of the faid 
 Bttsy Pole as aforefaid, Then, 8^c. 
 
 To Suffer a Wife to Lhe a-partfrom her Husband, 
 
 Know all men, Sec. Whereas .7^M(? the wife of the 
 above bound Bion Ba'tn, doth now live feparate and a- 
 part from her faid hufljand, and follows the trade or 
 
 employment of making and felling , and the litici 
 
 JBion Baiiu hath agreed that his faid wife fliall have and 
 receive all benefit arifmg thereby, or by any other trade 
 orbufinefs which (lie fliall think fit to follow, to and 
 for her own feparate ufe and fupport ; wherewith he 
 the faid Bion Bain is not to intermeddle, or have any 
 profit or advantage from ; fo as flie the fi\id Jane Bain 
 cloth not, and fliall not contract any debt or debts, 
 whereof, or by means whereof, the perfon or effc6\s of 
 her faid hufijand (liallor may be fued, charged, or in- 
 <:umbered, by any means whatfoever : Now the con- 
 dition of this obligation is fiich, that if the faid Bion 
 Bain^ do and fliall from time to tim.e during the fpace 
 
 of years, now next enfuing (if the faid Jane Bain 
 
 Hiall fo long live) permit and fnffer the faid Jane Bain 
 his wife, to live feparate and apart from him, and to 
 have and receive all benefit, profit, and advantage arif- 
 ing, or which fliall arife by her faid trade of making 
 
 iind felling , or any other trade or bufinefs which 
 
 ilie fliall follow or employ herfelf in during the faid 
 term, to and for her own feparate ufe, fupport and main- 
 tenance, without any account, fuit, trouble or molefta^ 
 tion whatfoever, and without acting, doing or caafing, 
 or permitting to be done, any a6l, matter or thing what- 
 foever, whereby or wherewith, or by means, or occa- 
 *on whereof tbe faid Jane Bain his wife, fliall or may
 
 CONDITION. 285 
 
 be niolcfl.c(l or incumbered, by any ways or means 
 whatfoever, and alio ifthefaid Biun Jiain, his execu- 
 tors or adminiltrators, or his or then- floods or chattels, 
 lands or tenements lliall at any time hereafter, during 
 
 the f.iid term of years, be I'ued, attacked, or o- 
 
 therwife charged and incumbered, for or by re^ifon or 
 means of any debt or debts which his laid wife hath or 
 iliall or may'contrdcl : then in cither of the faid cafes 
 this obligation to be void, or cll'e to remain in full force 
 and virtue. 
 
 ff'a save Harmless from paying Rent 'where the Title 
 is in (Question, 
 
 Wliercas tiiere is a fuit depending between the above 
 bound Ruui Cox and others, touching the right and 
 intereft in ihe now dwellin^-houle of the al)0ve named 
 
 Isaac Fanc\ lituate in . And whereas the faid 
 
 Isaac Fane^ halh neverthckfs agreed to pay the rent of 
 the faid houfe to the f lid Rian Cox^ yearly, as the fame 
 Ihall grow due, upon his agreeing to indemnify h'lin 
 therefrom ; the condition therefore of the above w ritten 
 obligation is, that if the faid Rian Cox\ his executors, 
 adminiilrators or afiigns, do and fliall well and truly 
 pay or caufe to be paid, to the faid Isaac Fane^ his ex- 
 ecutors, adminiilrators or afligns, all fuch rent, fiim and 
 funis of money, charges and damages w hatfoever, as 
 Ihall by due proceedings in law beadjudged or decreed 
 againR him, the faid Isaac Fane^ his executo'-s, ad- 
 miiiiftrators or afligns, and all other cnfts and damages 
 whatever, which he, the faid Isaac Fane, fliall fiillciin, 
 or be at, by reafon of any artion, fuit, or forfeiture 
 whatfoever, which (hall, or may happen, or be to the 
 faid Isaac Fane, his executors, adminiftrators or af- 
 figns, by reafon of paying the faid rent, or any part 
 thereof, to the faid Rian Cox, his executors, admiTU- 
 flrators or afligns, ia manner aforcfaid. That then, £s.c^
 
 ^U CONDITION. 
 
 Por Service of an Appreiitice. 
 
 Whereas Adam Bend, ion of the above bounden C«- 
 leb Bend, by indentuie ot'apprenticcihip, bearing even 
 date with the above written obiigatioii, ha ih bound and 
 put himlell apprentice to the above nanied Enogh I'en^ 
 "With hnn to dwell and abide, fiom the day of the date 
 
 hereof unto the full end and term of years 
 
 thence next enfuing, and fully to be complete and end- 
 ed, as by the laid indenture may more fully appear. 
 Isjow the condition of this oblig.:iion is fuch, 'i hat if 
 the fuid Adam Bend^Y^W well and truly ferve and dv*ell 
 "with the faid Enoch Fen^ after the manner of an appren- 
 tice, during all the faid term of years, according 
 
 to the true intent and meaning of the faid indenture : 
 And if the fiiid Adam Bend Iball not, during the faid 
 term, waile, embezzle, or confume the goods and chat- 
 tels of the {'A\di Enucb Fen^ his executors, adminiftra- 
 tors or affigns ; but fliall behave himfelf honellly and 
 obediently towards the faid Enoch /'>?;, his executors, 
 adminiilrators or aifigns, as a good and dutiful appren, 
 tice ought to do, during the faid term_. Then, &c. 
 
 To Suffer a Wife to Lhe a-part and have all her 
 EJfects^ and to Behave ^iietly to her. 
 
 Know all men, &c. Whereas MaUy\ the wife of 
 the faid Rian Boe^ hath, for fevcral years kill paft, lived 
 feparate and apart from the faid Riaii Boe^ her huiband, 
 and hath during all the faid time, maintained and pro- 
 vided for herfelf, and Jane the daughter of the faid 
 Rian Roe^ without any expenfe to the faid Ria7i Roe, 
 And whereas it is agreed betw een the faid Rian Roe^ 
 and the faid Molly his w ife, that the faid Molly the wife 
 ©f the faid Rian Roe^ fhall and may at all times here- 
 after live feparate and apart from the faid Rian Roe, 
 *nd alfo that the faid Molly Roe fiiall and may ha\'e;
 
 CONDITIO N. 28S 
 
 liold, and enjoy to her Iblc and Icparatc ufe, all fuch 
 lUoiijcs, goods, and enccls, as the iuid Alolly J\uc\ is 
 now poiieiied of, or Ihali or may at any time or times 
 heixaltcr, gel or accjuirc, or w hich liiall be sjiven or 
 beqiieathed to her by any pcrlbn or perlons \vluitroever, 
 \\ ithoLit any hindrance, moleilaiion, or interrnpti<3n, of 
 or by him the laid I\'iiin Roc. And whereas the laid 
 Riiiu Rue, hath ah'^o agreed lo behave himielf peacea- 
 bly and quietly towards the faid Molly Roe, his wife, and 
 the ^AiiUane Roe,\ui> dau<?;hter,and not to moled, ailuult, 
 dilturb, or do any bodily hurt or injury to them or ei- 
 ther of them : Now the condition of this obli'^ation is 
 fnch, That if the above boundcn Rian Roc. lliall and do 
 Irom time to time and at all times hereafter, duricif^ the 
 term of his natural life, permit and fuiTer the laid Mol^ 
 ly Roe, his wife, and the faid Jane Roc, his daughter, 
 (in cafe they or either of them Ihall {o long' liappen to 
 live; to live itparate and apart from the laid Rian Roe, 
 without any moleilation, diilurbance or interruption of 
 or by him the faid R'uw Roe, and alio if the faid Rian 
 Roe, his executors or.admmiftrators Ihiill and do at all 
 times hereafter, permit and fuffer the faid Molly Roe^ 
 his wife, to have, hold, and enjoy, to her fole and fepa- 
 rate ufe, all and every the monies, goods, chatrels and 
 cftb6\b, whereof the faid Molly Roe is now polfefied, 
 and aSfo all and every the monies, goods, chattels and 
 effe61:s which the faid Molly Roe, fliall or may at any 
 time or times hereafter, ^et or acquire, or which faall 
 or may be given or bequeathed tothe faid Molly Roe^ 
 by any perfon or perfons va hatfoever, without an\- hind- 
 rance, molellation, or interruption, of or by him the faid 
 RiaJi Roe, and alio if the faid Rian Roe ihall and do, 
 from time to time and at all times hereafter, demean 
 and behave himielf peaceably and quietly towards the 
 faid Molly Roe, his wife, and the laid Jane Roe, his 
 dau|2;hter,'and each of them, and fliall not, nor in any 
 niaiiner \i hatfoever molell, affault, drflurb, or do any
 
 2S6 CONDITION. 
 
 bodily hurt or injury to the faid Molly Roe, his wife, 
 and the faid Jane Roe, his daughter, or either of them, 
 thwi this obligation to be void ; but if default fliall be 
 made in performance of all or any of the conditions a- 
 bove fpccified, then this obligation is to remain and 
 be in full force and virtue. 
 
 ICr" Such bonds muft not be made to the womaA 
 berfelf, but to fonie perfon for her ufe. 
 
 To IndemnJfy against a lV"ifc''s Donxicr. 
 
 WliCrcas the above bounden Charles Cheney, by in- 
 dentures of ieafe and releafe, the leafe bearing date the 
 day before, and the releafe even date with ihefe pre- 
 fents, bath bargained, fold, releafed and conveyed, to 
 t^^Q^ above named David DreTo, and his.heirs and afligns 
 forever, an undivided moiety of all that meifnage or 
 tenement, and other preniifes particularly dcfcribcd in 
 the faid indentures of leafe and releafe : And whereas 
 the above bounden Charles Cheney is married, by rea- 
 foa whereof a fine ought to be levied of the premifes, 
 by the faid Charles Cheney and Jane his wife, to bar 
 her of her dower or thirds, or any other right flie may 
 have or claim, in, to or out of the faid premifes, or any 
 part or parcel thereof, in cafe (lie fiiould furvive her faid 
 hufaimd ; but the faid David Dre%v, in order to fave 
 the expenfe thereof is willing to accept the fecurity 
 hereby intended to fecure him and his heirs, and the 
 faid premifes, againil fiich claim and demand of the 
 faid Jane Cheney, The condition therefore of the above 
 written obligation is fuch, that if the faid Charles Che- 
 ney and Jane his wife, or either of them, their or either 
 of their heirs, executors, adminiilrators or aifigns, do, 
 and (hall, from time to time and at all times' hereafter 
 (until a fine of the faid pren^ifcGj purfuant to the faid in-
 
 CONDITION, 28t 
 
 denture of relcafe fliall be hud and levied) well and fuf- 
 ilcicntly fave, dtfeiid, keep hurmlefs and iiKleninificd 
 the [u\l\ David Drew ^h'l^ heirs, executors, admsuiftia- 
 tors and afiigns, and ihe fuid purchaltd premiles lb as 
 al'orefaid, bargained, Ibid and eonveytd to the faid Z)«- 
 'vid Drew, his heirs and afiigns, and every part iuid par^ 
 eel thereof, and the rents, iilues and proiits thereof, 
 and of every part and pareel thereof, from and agaii.lt 
 all the dower or thirds at common law, or title, claim, 
 or demand of dower of the faid Jajie Cheney^ wife of 
 the fuid Charles Cheney^ which ihe can, fl.all, or may 
 at any time hereafter claim or demand, by reafon or 
 means of the faid Jane Cheney^ being the wife or wi- 
 dow of the faid Charles Cheney and all other her claim 
 and demand v.-hatfoever, in law or equity, or otherwife 
 howfoever, in, to or out of the faid purchafed premi*. 
 fes, or any part thereof : Then, &:c. 
 
 To Pay Mortgage Money. 
 
 The coiSBition of this obligation is fuch, That if the 
 above bounden Adam Barney, his heirs, executors, ad« 
 miniftralors, or any of them, (hall and do well and tru- 
 3y pay, orcaufe to be paid unto the above named Caleb 
 IJoe, his certain attorney, executors, adminiftrators or 
 
 alhgns, the juil and full fum of dollars, on the 
 
 day of next enfuing the date above written, being 
 
 the fame fum of money which is mentioned to be due 
 and ow ing by the faid Jdel Barney, unto the above 
 mentioned Calel? Doe, in certain indentures of demlfe 
 or mortgage bearing the dale above w riiten, made or 
 mentioned to be made between the fiiid Jpel Barney, 
 of tlie one part, and the faid Caleb Doe, of the other 
 part, by and upon the fevcral fecurities as therein are 
 mentioned ; then, &.G.
 
 •28S CONDITION. 
 
 To Maintain Parents. 
 
 Whereas the faid Adam Sly, and Mary lils wife, by 
 indenture bearing even date herewith, have granted 
 and conlirmed unto the laid Fcter Sly, in fee, a certain 
 mefluage, &c. with the appurtenances, tht laid Peter 
 Sly having agreed to maintain them, the faid Adatn 
 Sly, and Mary his wife, (,his father and mother,) dur- 
 ing their natural lives. Now the condition of the above 
 obligation is fuch, That if the above bounden Peter 
 Sly^ his heirs, executors, adminillrators or afligns, 
 fliall and do, well and fuflicientiy maintain, fupport and 
 keep the faid Adam Sly, and Mary his A\'ire, during 
 their natural lives, and the life of the furvivor of lliem, 
 with good andfufficient mea!", drink, apparel, vvaftiing, 
 ]ode-ing and attendance in fickntfo and in health ; and 
 
 alfo pay unto them the fum of dollars yearly, dur^ 
 
 ingthe term aforefaid; then, &c. 
 
 Another Form. 
 
 The condition of the above obligation is fuch, That 
 if the faid Peter Sly, his heirs, executors, adminillra- 
 tors or aifigns, fiiail and do, alloiv the faid Adum Sly, 
 and Mary his wife, and the furvivor of them, the fole 
 life of the room [or bo me'] which they now occupy on 
 the premifes, with the neceiHiry privileges in the 
 kitchen and cellar, and fliall and do deliver, or caufe to 
 be delivered, unto the faid Adam Sly, yearly and every 
 year, during the joint lives of the faid Ada?n Sly, and 
 Mary his wife, the following articles, in good order, 
 and at proper feafons, to wit : [Detail the articles.'] 
 And in cafe of the death of either of them, fliall and da 
 deliver unto the furvivor of them, one half of the arti- 
 cles aforeltiid, and fliall and do provide, and keep for 
 them, and thefiirvivor of them, a good ridinghorfe and
 
 CONDITION. 28fl 
 
 sn'ilch cow, to be changed as often as need be, and feed 
 aikl pLilUire the lame in like manner with his or their 
 oan ; men the above obiii^ation to be void ; but if de- 
 fault Ihall be made iii any of the articles atbrefdid ; 
 then, Jkc. - 
 
 A Counter Bond of Indemnity to Persons ivbo bad en- 
 
 tered into a Bond to the Bank of , to indemnijy 
 
 them on their paying a lost Note. 
 
 Whereas the above named Edmund Emes^ and Ba- 
 sil Brown^ at the Ipecial inllance and rcqucll of the a- 
 bove bound Lewis Lucas^ in and by one bond or obli- 
 gation, bearing date on or about the day of — — 
 
 lall, are become and itand jointly andfeverally bound, 
 
 unto the prelident and directors of the bank of ■, 
 
 in the penal Turn of dollars, conditioned for faving 
 
 harmlcfs the faid prelident and dire6l:ors. on account of 
 their having paid the laid Edmund Ernes and Basil 
 
 Br&wn, the fum of dollars, being the value of a 
 
 note belonging to the faid Lewis Lucas, No. , A'. 
 
 27, bearing date the faid day of , payable to 
 
 Daniel Kace, vvhicli is fuppofed to be millnid or de. 
 ftroyed, without having the laid note delivered up to be 
 'cancelled, as in and by the faid bond or obligation, and 
 the condition thereof relation being thereunto had may 
 appear : And whereas the faid Edmund Ernes and Ba- 
 sil Brown, have on or before the day of the date here- 
 of, paid the faid Le'^is Lucas, the fum of dollars, 
 
 received by them for his uie, of the (liid prefident and 
 diredors as aforefaid, the payment and receipt where- 
 of he the faid Lewis Lucas doth hereby acknowlede^e : 
 Now therefore the condition of the above writ^en obli- 
 gation is fuch, that if the faid Leivis Lucas, his heirs, 
 executors or adminiUrators, do, and fliall from time to 
 
 [37]
 
 290 CONDITIO N. 
 
 time, and all at times hereafter, well and ftifaclently 
 iave, defend and keep haimkCs and indennnificd, the 
 iliid Echnitnd Kmes^ and Basil Urcvjfi, and each of 
 them, their and each of their heirs, executors and iid- 
 miniilratorb, and their, each and every ofjtheir lands;., 
 tenements, g'oods and chattels, of, from and againil tlie 
 laid recited bond or obligation, and of and from all 
 cofts, charges, payments, daniLiges and cxpenfes uhat- 
 foever nhich they, any or either of them Ihall or ma.y 
 bear, pay, fuftain, or be put unto, for or by reafon of 
 their having entered into the faid recited bond as afare- 
 faid. Then, &.c. 
 
 'J^or Payment of an Anmdty dur'wg the Life of a 
 Fuiiie Co'uert. 
 
 Whereas the above named Auner JtjI, Ivath con- 
 trailed and agreed with the above bounden Nifg/j/foiv., 
 
 for the purchafe of a clear annuity or yearly fum of , 
 
 payable to him the faid Abner A'wi, his executors, ad- 
 jtiiiniitrators or aiTip^ns, during the life of Moiiy M'nix^ 
 
 the wife of Tims Minx, of -, at or for the price or 
 
 lum of , which faid funi of the faid Abner 
 
 .Aiul, hath advanced and paid to the fuid Hugh How, at 
 or before the fealing and delivery of the above obliga- 
 tion, the receipt whereof the faid Httgh Hoiv, doth here- 
 by acknowledge, and thereof, and of and from every 
 part thereof, dothacqnit, exonerate, releafe, and for ever 
 4dif€harge, the Hiid Abner Awl, his heirs," executors 
 and adminiftrators,and every of them by thefe prefents: 
 The condition therefore of the above wr:t::en obligation 
 isfnch, That if the faid Hugh Hoiv, his heirs, execu- 
 tors or adminifcrators, do and fliall well and truly pay, 
 or caufe to be paid, unto the faid Abner Aiul, his exe- 
 cutors, adminifirators or affigns, one annuity or clear 
 ^^early fum of -^^-i^ dollars, by half yearly payments oa
 
 CONDITION. 291 
 
 the (lay of , and tlie day of , in every 
 
 year duruii.;' the lif/j ol ilic laid Molly Miux\ by ecjual 
 portioiib, elear oi all deductions, on any account or pre- 
 tijncc w hDtlbexer ; the firft half yearly payment there- 
 of to be made on the day of next, and aifo a 
 
 proportionable part of the faid annuity, or clear yearly 
 
 i'um of , for or in refpecl of fo many diiys as Ihall 
 
 have ela[)fcd from the lull half yearly day of payment 
 lit xt preceding the deccafe of the faid Molly Minx ^ up 
 to the day of her death : Then the faid obligation to 
 l)c void, i)ul if default Uiall be n)ade of, or in pa\ ment 
 
 of the faid annuity or clear yearly fum of , or any 
 
 part thereof at the days or times aforefaid, or any of 
 them, then the faid obligatiou to be and remain in full 
 force, virtue, and effect. 
 
 To perform Coijcnants. 
 
 The condition of this obligation is fuch, That if the 
 above bounrlcn J-isr/jcr Dot\ her executors and admi- 
 iiiilrators, do ueil and truly obferve, perform, fuliil, 
 accomplifh, pay and kecj) all and fmgulur the cove- 
 nants, grants, articles, claufes, provifoes, payments, 
 conditions and agreements M'hatfoever, \^ hich on the 
 part and behalf of the laid Esther Doe^ her execurors 
 and adminillrators, are or ought to be oblVrved, per- 
 formed, fuifi'led, accomplilhed, paid ahd kept, com- 
 prifed or mentioned iii one pair of indcjiturcs of leafc, 
 [or other deed, as the case /.?-J bearing even date witli 
 thefe prefents, ma"! e or ex pre {fed to be made between 
 the above named ha Leach, of tlie one part, and the 
 above bounden Esther Doc, of the otlier part, in all 
 tilings, according to the true intent aud meaning of the 
 fame ; tlicn, Sec.
 
 $92 CONDITIO N. 
 
 To permit a J'/ift-' to make her IViU. 
 
 Whereasamarriageisiiittndedtobe Ihortly hiidand fo- 
 lemiuftd,bciv. ceii toe above bounckn Leon Que and the 
 fajd Mary fVbite. JSjowthecondiuon ot tiiis obihj^ation 
 16 Inch, That, li after die iaid intended man'iagc, the 
 fiud Leon ^le, Ihalland do, permit and lufiet the faid 
 Mto-y IVhite^ to make her lail w ill and teilamer.t hi 
 ■WTJUiig, and in and by the iume, at her m ill and plea- 
 fure to bequeath or otherwii'c dilpoi'e of all fuch houfe- 
 hoid lurniiure, wearing apparel, or other t^oods or 
 chattels whaifoever, ^\ hereof ihe is now polfefled : And 
 ifthe faid Leon Qne^ his heirs, executors or admini- 
 ilrators fliail and do (on requefl to him or them made) 
 "uell and truly deliver, or caufe to be delivered, unto 
 the legatee or legatees, named in the faid will, their le- 
 £jal reprefentatives or afiigns, all fuch goods and chat- 
 tels as fliall be to them refpe61ively bequeathed by the 
 faid will, according to the dire6lions thereof. Then,&:c. 
 
 Of a Bond of Indemnity on paying Money to a Person 
 'ijoho had not taken out Letters tf Administration to 
 the deceased Person^ to whom it belonged. 
 
 Whereas the above name society fland indebted to 
 
 the ellate of Caleb Bane, of. , deceafed, in the fum 
 
 of dollars : And whereas the faid Caleb Bnne^ was 
 
 at the time of his death indebted to Eli as IFood, by 
 
 bond, in the fum of dollars, principal money, with 
 
 a great arrear of intereft for the fame. ' And whereas 
 the faid Caleb Bane made his laft will and tcilament 
 in writing, and thereof appointed the laid Elias JFoody 
 fole executor, who in compaffion to the above bound 
 Betsy Bane, the widow and reli6l of the faid Caleb 
 Bane, (lie being left in indigent circumftances with fe- 
 ven children, hath given up to her the faid bond for her 
 •own benefit, but declines proving the faid will. And
 
 CONDITION. 293 
 
 uhercas tlic principal money and intcicfi. clue on the 
 ia;u bond, is more than tlie airctsofllK' laid ilnUbBane, 
 anijunt to, and the a'oovc bound Adnun Aih^ and Bet- 
 sy Bane have retjuclled the laid suciciy to \>'<.y her the 
 
 laid Betsy Bane^ the Lid luni ol doilars, ciue fi cm 
 
 ihcnito the eftate oiher laid late hulhand, wiihouto* 
 bilging her to take out letters ol" admiuiilraiion of the 
 j^o'aIs and chattels ol'her laid late lu:fL;and witli his v. ill 
 annexed, as the lame ^vill exhaull f>;reat part oi'lhc Gid 
 
 lli.n oj do.'laib, and there bei-ii;- no (jiher debt or 
 
 elitt\s of her laid iati luifoaJid tot;et in, l!u f:iid sccicty 
 ha\e agreed to comply with fuen requcll on tlie' i'lid 
 Jhhian Asi> and Beisy Bar.e iju^emniiyin.g them 
 i"o lb d')ing, .And \. htreas the faic: ^£)^/<:'/'j have ac- 
 cordingly on the daj ol the dale hereof, paid the H;id 
 
 Betsy Biiric^ tiie laid lum ol" dollars, the receipt 
 
 thereof Ihe dcjth hereby acknov.ledge. Now there- 
 fore the condition of this obiigation isfueh, That if the 
 i\ud Adrian Ash and 7ii:7.?jy Bane^ or cither of them, 
 lluir or either of their heirs, executors or adminillrators 
 do and (hall, fiom lime to time, and at all times herc^ 
 after, well and fufHcient'.y fave, defend, keep harn^.lefs 
 and indemnilied the laid ^oc/V/j\', and their fuceeffors, 
 and their goods and chattels, lands and tenemerits, cf, 
 from andagai)iil all !ollls,cons, eii.^.rges, damagcf; and 
 expenfcs w hich they Iball i^\ nuiy bear, poy, fullain, or 
 be pn; unto, for or by rcafon or r.u ar.s of their having 
 
 paid the fiid Betsy Bane^ the laid fum ol dollars, 
 
 due from tbem to the cflate of the 'ic\<\ Caleb Bane^ as 
 aforefaid, or any matter, caufe or thing rclalir.g there- 
 to. Then, &:c. 
 
 For Payment of Money after a Pcrscn^s Death. 
 
 The condition of the above written ol)ligation is 
 fiich. That if t!ie above bound Abel 4wl, his heirs, ex- 
 ecutors, or adminillrators, do aud llijiU well aod truly
 
 £94 CONDITION. 
 
 ptiy or caufe to be paid, unto the above nnmed B'wfi 
 A'liig^ his executors, iKiminiilrators, or ail)gi'''i ^^^^ ^^ill 
 
 Ibm oi' dollars within the i'pace oi'six calendar 
 
 i^noiiths next after the deceafe of Car ban ne I)oc^ 
 mother of the laid Ah'i Aivi, then this obligation to be 
 void, othernife to remain in full force and \ iriue. 
 
 To pay Rent for a Shop let for a Year certain fond 
 JVamnig io be giiicnj and to indemnify ibe Lavtd^ 
 lord from a former 'Tenant^ and to dcLrocr up the 
 7'Jjings at toe end of the Term. 
 
 Whereas the above named Bion King, did formerly 
 
 let at Vvill unto Cvnrad Loiie^ a iho{) lituated in , 
 
 winch f:ud Conrad Lo'Tieham left the faid ihop, and I'le 
 abovebonnd^/??05 Irishh^ih dehredandagieed to take 
 
 the faid ihop at the 3eariy rent of dollars, for one 
 
 j'car certain from the day of , and for fo long 
 
 time afterwards as both the faid parties fliall agree, 
 and until after the end of three months notice given by 
 either of them, upon any of the quarter days hereunder 
 mentioned, for leaving the faid premifes, v. hich the 
 faid parties do for that purpofe agree to give to each 
 other accordingly ; and after the end of fuch three 
 Kionths notice fo given, the faid Amos Irish doth agree 
 to quit and give up the aclual polfeiHion thereof, with 
 the appurtenances, unto the faid Bion King : Now the 
 condition of this obligation is fuch, That if the Itiid 
 Amo.'i Irish, his executors, adminiHrators or afiigns, do 
 and fnall truly pay or caufe to be paid, unto the faid 
 J^ion King, his executors, adminiftrators or afhgns, 
 for the fiid lliop and premifes, the faid yearly rent of 
 
 dollars, on the four ufuai quarter days in the year, 
 
 viz. the firft days of the months of January, April, Ju- 
 ly and 06\ol)er, in every year, by equal portions ; the 
 Xrft payment thereof to begin and be made on the firft
 
 CONDITION. £95 
 
 Jay of July next, ^ny andduricit^ the fjid one year, and 
 loj i ) ioii^ ijuic atteruui tU, Ub Uic iiud Amos li iah^ ais 
 fXL'Oiitots, adiumiitiatois, uiuier-leiusuts and ali-.^us, 
 liuiil ei;joy the laid picm'iics, w itliout aiiy let, deniui or 
 inici iajAion, ol'orhy the laid hionKni^^ his cxtcutois, 
 ach.iii.iltratorb or aiiiij^ns, and until the cndot luch three 
 mo..iiis notice as Ihali be given by either ot the laid 
 paities, uiito the oiiicr ol tliein, lor itaviiitr ihc Innie ; 
 and allbirthc ^<.i\(\ Amos Irh/j, ihall givellich liotice as 
 aloiel.iid lor !eaViii$?j the laid premileb, and ,it" the laid 
 Amus Irish, ixwCi ah other occupiers ol'the laid piemi- 
 fcb, do and Hiall, ai'ler three mo^ithb notice in that be- 
 liall'ijjiven to the faid Amos Jrish^ his executors, admi- 
 nilhato.s, under-tenants and alllgiis, or at the preinilea 
 albrefaid, deliver up tiie a6\ual pofleiliou of the lame 
 preinilch, with the doors, window-lluiticrs, and all o- 
 ther the appurtenances thcteunto belonging, in good 
 tenaiuable repair, unto the laid £io?i King^ his execu- 
 tors, admiiiiflrators or afiigns, and iliail and do at air 
 times indemnify the laid Jiion King^ his executors, ad- 
 miniftralorsand alligns, from all a6iions, luits, charges 
 and damages, by or from the f> id Conrad Lo'cc^ for or 
 hy realbn of the laid premifes ; then, &:c. 
 
 From en At:o^-ncy^ to account. 
 
 Whereas li;-- ^S\\ Abtl Bion, hy letter of attorneys 
 bearing ccii (kite heieuith, hath duly aurhorifed aud 
 emp(>\vered the above bounden CaUb Dc^, to recover 
 and receive divers rlebts and liims of moni v, to the 
 tifc of the fakl Ahvl Bion.ix^ by t!ie faid letter of iittorney 
 more fully, andar hir^.';e appears. Now the condition 
 of this f^bligation is fuch, 'I'ii^it if the above bounden 
 Caleb Doe, Ilia'' and do account \''n- and pay unto the 
 faid Abel B'rnti, liis executors o>- .fli ;ns, all fnch fi.m or 
 ii.i.m<> of money, as he Ihull from ume to time receive,
 
 296 CONDITIO N. 
 
 bv virtue of the fald letter of attorney, (tiie reafonable 
 comr.iliiions and cxpenfes of the fakl Caleb Doe^ for je- 
 covering and receivint^ the fame, being firil dedutled 
 therefrom.) Then, ^c. 
 
 Of a Bond of Indemnity on paying a lost Bond. 
 
 Whereas the above named ^oc/i'O' by their bond or 
 obligation under their common feal bearing date on or 
 
 about the day of became bound to the above 
 
 bounden ./(3/&.7 JVbite, in the penal fum of dolUirs 
 
 conditioned for the payment of dollars unto tlie 
 
 executors, adminiilrators, or afligns of the faid John 
 fF/jf/*?, at the end of three months next after the de- 
 ceafe of the faid John White^ with fuch profit of the 
 fame, as upon the then lall general audit for the flock 
 raifed bv and amonofl the members of the faid sccicrv. 
 
 for the making and preparing Uiould appear to be 
 
 due to him and unpaid, as in and by the faid bond u hen 
 produced will more fully appear. And whereas the 
 laid bond is alledged to be loll or fo millaid that the 
 fame cannot be found. And whereas the fnid society 
 the day of the date hereof, at the requell of the faid 
 John JVhite^ and on his promife of indemnity, have 
 iriade him full fatisfa6lion of and for the fi^id bond. Now^ 
 the condition of t])is obligation is fuch, that if the above 
 bounden John White ^ his heirs executors, or adminif- 
 trators, or any or either of them, do and flTall in cafe 
 the faid bond or obligation fiiali happen to be found or 
 come to his, their, or any of their hands, cuilody, or 
 power, or to the hands, cuftody. or povrcr of any other 
 perfon for them, deliver or caufe the fame to be deliv- 
 ered unto the then society ^ m order to be made void, 
 cancelled, and dcftroyed ; and alfo do and (I'all from, 
 time to time, and at all tinies here^ifter, fave, Iceep 
 liarmlefs, and indemnified the faid society, and their
 
 CONDITIO N. 297 
 
 fucccflbrs, of aacl from all a6\ions, fuits, troubles, cofts, 
 clurt(cs, daujages, and ex,icnfcs uhatibcvcr, iliAt Ihall 
 oi may at aiiy time htiealtcr hapj:tii or come to them, 
 for or by re lion of tiie faid bond Or obligation, or any 
 the money tht.-itby paid, or for touching or concerning 
 the fame : 1 lien ihis, &.C. 
 
 To return Goods ddhcrcd to Sell or the Money. 
 
 Whereas, the above named Peter Lane and Enoa 
 Diiy, on the (iay <u the dale of the above uriiten ubli- 
 ga:!on, have ',iehvered into the hands of the above 
 bonnden Rion R ,y\ feveral goo<is, conlillnij^ of fiiks, 
 
 velvet,,, and orhei i^oods of the value of , to be 
 
 by him fo-dby public fdle forth\vith, for ready monty, 
 Novv the coiidition of this obtisvation is fuch, That if 
 the faid /f*<r'a/z Itiy^ his executors or admiriift-.ators, 
 do and Ihall, within one month next erifu"r.ii^thi date of 
 the above written obligation, return un^o the faid Pe- 
 ter Lane-AxA Enos Day^ or either of them, their or 
 either of their executors or admiidftr -tots, all fuch of 
 the faid goods as Ihall then remain unfold (cafualtit^s 
 happening by fire only excepte(i) and pay, or cnufe to 
 be paid unto the faid Peter L<iue and Enos D ly^ or 
 either of dicm, dieir or either of their executors or ad- 
 miniftrators, all fuch fum and fums of money, as fliall 
 arifc by fale of fuch of the faid fjjoods as Ihnll have been 
 by him or them then fold : Then this obligation, &c. 
 
 From an Under Sheriff to a ITi^h Sheriff. 
 
 The condition of this obligation is fnch. That where- 
 as the governor of this commonwealth by his letters 
 patent, beaiing date the day of , did ap- 
 point, nominate and make the above named /i^^/j6\7«w?* 
 
 [38]
 
 9.98 CONDITION. 
 
 high flierlfF of the county of , which faid Jbd 
 
 JJaum, cihcrwcLViis by his indenture, beaiinL>; uate the 
 
 day of , did depute, ailign, coiiilitute and 
 
 ordain the above bound Feiix Boe, his under IherifF 
 
 of the fiiid county of- , as in and by the faid inden- 
 
 ture more fully and at large it doth and may appear; 
 if therefore, the Hiid F(^lix Doe, the above bound Juws 
 Fane and Henry Iset, their heirs, executors and ad- 
 sniniRrators, and every of them, do at all and every 
 time and times hereafter, fave and keep harmlefs and 
 indemnified, as well the faid Abel Baum., his heirs, ex- 
 ecutors, adnnnillrators and alTigns, and every of them, 
 as alfo the lands, tenements, hereditaments, goods and 
 chattels of the faid y/Z'ir/ij?^?/77z, of, for, touching and 
 concerning the returns and executions of all fach pro- 
 cefs, writs, and warrants, of what nature foever they 
 be, as are, or fliall be dire6lcd to the (heriffof the faid 
 
 count}^ of , and fliall be brought and delivered, or 
 
 offered to be delivered, to the faid Felix Doe, during 
 the time that the faid Abel Baum, Ihali be ilieriff of 
 the faid county ; and of, and from all iilues, fines, and 
 amerciaments, which fhall happen to be impoft-d, or 
 taxed upon the faid Abel Baum, for, and concernii^g the 
 not executing, wrongful executing, or detaining in his 
 hands, of any writs, procefs, or warrants, and of, for, 
 and concerning all cfcapes of all, and every perfon or 
 perfonsthat Ihall be arreikd or apprehended, by virtue 
 of anv inch procefs, writ or warrant, during the time 
 that the faid Abel Baum, fliall continue flierilTof the 
 
 faid county of ; and alfo if the faid Felix Doe, 
 
 Enos Fane and Henry Let, their heirs, executors and 
 adminiib-ators, and every of them, fliall fave harmlefs 
 and indemnified the faid Abel Baum, and his heirs and 
 alTigns, and his and their lands, goods and chattels, of, 
 for, or concerning all fuch account and accounts as tlie 
 faid Abel Baum, is or fliall be charged withal as fherifF 
 of the faid county of , to this commonwealth, in
 
 C O N D I T I O Nt 299 
 
 any of the courts, &lc. and of all fums of money which 
 iliall be levied or received by the faid Felix I)iK\ as 
 under iheiiff of the faid Abel Ba:im, or any bailiff, or 
 other perfon, by the dire(^\ion or aiVent of the fiid Fe- 
 lix Djl'^ to the ufeordiis commonwealth; that then, 
 &c. 
 
 Of a Bond of Indemnity on paying a lost Xote, 
 
 Whereas the alDove named Caleb Cane, by his pro< 
 miiVory note ii,::^jied by him for tiie faid Ctcil Cane, his 
 
 fiithcr, and himfelf, dated the day of — — , did 
 
 promife to pay unto JFin IVeb, or order, dollars, 
 
 sixty days alter date for value received, and fuch faid 
 iiote was afterwards indorfed by the faid irin JVcb 
 and others, and became the property oS. John Jones ^ of 
 
 . , as the faid Jolm Jones avers : And whereas the 
 
 Uidjohn Jones ailed. j:es he fent the faid note by the 
 
 mail, on the day of laft, to the above bound 
 
 F.van Edes, to be received by him, for his the laid John 
 JoiK's ufe ; which mail beinpj robbed, and the faid 
 notes not having been offered for payment, it is appre- 
 hended the fiid note was Hole out of the faid mi; il or 
 othcrwife lofl. And whereas the laid Caleb Cane tmd 
 Cecil C-Ane, have c^^^ the day of the (late hereof, at the 
 requeftas well of th« f->id John Jones as of the faid E- 
 ^an Edes, and upon his the faid Elian Edcs promifmg 
 to indemnify and deliver up the faid note to be cancel- 
 led v.'hen found, poi'l tii" faid Evan Edes the fum of 
 
 dollars,in full laM^ifr.clion and difciiarc^e of the faid 
 
 note, the receipt whereof the faid Evan Kdes doth here- 
 by acknowledge : The condition therefore of thenl:)Ove 
 ■written obll'^ation is fiich, That if the f^id Evan Edtfs^ 
 his heir:« executors, or adminiftfators, or any of diem 
 do and ihall from time to time, and at al! times here, 
 after, fave, defend, keep harmlwls and indemnified the^^
 
 500 CONDITION. 
 
 feid Caleb Cane and Cecil Cane, their executors and 
 aclnmuiluitors, and thtir and cvciy oi ihcir g^iods, chat- 
 teib, iu.id^ and icneiricnib cf. f; om and as^ainft the laid 
 
 note of dollars, and of and from all coils, charges, 
 
 damageb, and txpcnfes, that Ihall or may haj;pen to 
 anfc iherci! om, aiid alfo deliver or caiife to be deliver- 
 ed up the faid note, u iien and fo foou as the fame fl:iall 
 be found to be cancelled. 1 hen, &.c. 
 
 J^rom a Person impoivered to get in Debts for ano- 
 
 ther. 
 
 Whereas the above named Abel Adams and Bion 
 'Bain as executors of the teilament and iall will of i^a- 
 
 -jniiel Hains, late of , deceafed, by their letter of 
 
 attorney, bearing even date hereuitb, have conllituted 
 
 and appointed Caleb Cards, of , their true and 
 
 lawful attorney for them, and in their names, and for 
 their fole ufe and benefit, to alk, demand, collect and re- 
 ceive of and from all and every perfon and peifons,debt- 
 ors to the eftate of the faid Samuel Fla'rns, all fum and 
 funis of money from them and every of them new due 
 and owing to the eilate of the faid Samuel Hains^ as 
 in and by the faid letter of attorney, relation being 
 thereunto had, will appear. Now the condition of the 
 above written obligation is fuch, that if the above bound 
 Caleb Cards, his executors and admininftrators, do and 
 fliall from tinie to time, and at all times hereafter, up- 
 on req'ieil, deliver, or caufe to be delivered, unto the 
 faid Abel Adams and Bion Bain their executors, ad^ 
 miniftrators, or afligns, a juft and true account, in writ- 
 ing, of all fum and fums of money which he fliall re- 
 ceive by virtue of the above recited letter of attorney, 
 with the perfons names of whom received, and for 
 ■what ; and alfo from tirnc to time pay and deliver over 
 unto tlie faid Abel Adams and BiQii Bain their execu-
 
 CONDITION. 30b 
 
 tors, adminiflnitors, oraf.'igns, or to fuch other perfon 
 or jH jIjus as (iii'..l be liii; cto by thtni upi'ointcJ, all 
 fuch liiin unci iuius oi' money, iiij. upon fucii account or 
 other'J lie ihali appear to have been received by him, or 
 be reniaitiiiig in hib huMcls, without i'raud or furiiier 
 dehi} . Then this obligation, &c. 
 
 To perform an Aivard. 
 
 Whereas diuerenccs havearifen, and are dcpendint; 
 between the above bound Adam Ihiicy^ and the abovo 
 named C iltb Doe^ conf^erninj^ \Jjcre particularly men^ 
 tion ivbat the difference is about^'] vvhicli account and 
 all differences and dtir.ands concernini^ the lame, the 
 laid parties have aj^recd to refer to the av.ard, judgment 
 
 and determination of arbitrators, indiiTerently 
 
 choicn by and between the laid parties to a'vrard, arbi- 
 trate and determine, concealing the iame, \_and if to be 
 an umpire say'\ and if they do not make the award 
 vithin tlic time hereunder limited, then to the umpi- 
 rage of inch peribn as the faid arbitrators ihaU indiiTe- 
 rently chooie for um.pire, as hereunder is mentioned ; 
 now therefore the condition of this obiigalion is hich, 
 that if the faid Adrim Biucy^ his executors and adn^.ini- 
 llrators, on his and their part and behalf, lliall and do 
 in and by all things, well and truly uand to, obilrve, 
 perform, fidHI, and keep thea\\ard, arbitration, juci,^:- 
 nient, final end, and determination, VA'hich arbi- 
 trators, as afftrefaid, Ihiill make and give in writing, 
 imder tlieir hands and Teals, ready to be delivered to 
 
 the laid parties in dilTcrence, on or before the day 
 
 of , in and concerningthe before mentioned account 
 
 and matters in difference, and all or any a(i\Ions, i'uits, 
 debts, dues, dan:a!:i^cs, claims, and demands whatever, 
 concerning the fame. And if the laid arbitrators fhnll 
 not make and give the fame in writing, [^asbrforcyMvn^ 
 8vc. [mention the tiine of delivery by the unipl;\.']
 
 205 CONDITION. 
 
 Another Form. 
 
 The condition of the above obligation is fiich, That 
 If the above boLiJidirii Adam Bihs^ his iitira, txecLUurS 
 and af.hninnti-.ators, for hi^ and their parts and 1/Cisalf, 
 ih'ai aud do, in a\\ things, v.?eii diicl truly ftauci lo, o cy, 
 abide, perform, fuiiii and kcejD the av. aid, ovdcr, ui i- 
 trenicn-, final end hud determination of Caleb Dice^ E- 
 nos Fen and Gile:; Ilank^ orasiy two of thcui, arbitra- 
 tors ifidiffertiitly elected, named and ciicfen, as well 
 on the part and behaif of the above bounden Adam 
 j5/?7.v, as of ttic above named Innis Smock, to arbitrate, 
 av. ard, order, judge and dcterndne, of, for, upon, and 
 concerning \_here maition the matter in dispute'] and 
 alfo of and concernin,a^ all and all manner of a^li'Mt or 
 actions, caufe and caufes of aclion, fuits, bi'is, bonds, 
 fpecialtiejs, judtrments, executioi-.s, extents, quarrels, 
 controverfies, trefpafies, damages and demands \a hatfo- 
 €ver, at any time or times heretofore had, made, mov- 
 ed, brought, commenced, fued, piofecuted, done, fuf- 
 lered, committed or depending by or between the faid 
 parties, for or by reafon of any other matter, caufe, or 
 thing whatfoever, from the beginnini^ of the world,' to 
 the d;iy of tlie da'^e hereof, fo as the faid award be made 
 in writincij, indented under the hands and feids of the 
 faid arbitrators, or any two of tlirm, and re;.dy to he 
 delivered to the fi.-'Td parfits in difference, or fuch of 
 
 them ?,8 Ihall require the fcrmc, on or before the 
 
 day of— next enfnin,^ the datr hereof [biit if the 
 
 Hud arbitrators, or arjv two of them, do not make fuch 
 their awa'"d,cf ardcorcerninsr the premifeh,hy the time 
 aforf-Hud ; that then if the faid Adam Bins, his heirs, 
 executors and admivi'.flrators, for his and their prrtsand 
 belia'Ts, do, in all thinL^<?, well and tni'y n?nd to, ob. y, 
 abide, nerform, fulfil . and krep the award, f rdcr, arbi- 
 trement. nmrM-asce, iienl end and determinar'on of fuch 
 perfon as faall be iiaiciicd and chofeii bv tiie feid arbi-
 
 CONDITION. 508 
 
 U'ators asumpu-:' hetv.cen the Liu panics, of one! con- 
 ccriuijg the p.A. iiiill's, lo as tl»c ia:d unip:re do make 
 his award or it<: ; iiaj^e oi and couceining the 1. n:(. m 
 writiiijj, indented under his hantl and i'f-al, reac'_\ to ho 
 
 dc'ivcred totlu- laid jaitieb, on or beiore the day 
 
 <ji" next.] Then, &ic. 
 
 Of a Band of T/idevtriiry on sigrwig a Lease, 
 
 Whereas b}' indenture of leafe bearing" date on or h^ 
 
 bom the day oi" , which was in the yea» oi our 
 
 Lord , asid made or meiiiioned to be made bttvveen 
 
 John Jones, burgess^ of , of the o^.c part ; ana tlie 
 
 laid Edivard Eu'l iJejumor.i Bnrijrts, a«id Tlciuijs 
 Streat, of the otL' < niji t : '1 he faid Jo/j7i Jon 'S^ for die 
 confiderations nientidned,, did foi hmifelf and 
 
 his fiicceirorb, cicn: it, sirant, and to farm let, iir.io die 
 iiixd. r^hvard tai J. Jytaunwni IJyidges, aiui Th^Jtiaa 
 'Streat^ all that hhJlii'iTig nut/, witjb the mcaaoya <uL 
 joinings called Ne%v MtlL and other the premlfcs thf re-* 
 in particuiarly nn ntir)ned, thtn or lat^. in the occupa- 
 tion of Joseph joltfi\ to hole unto the faid Edwnid 
 Earl Picaumci}t Br'id^(^'€s' and T' onias Strait^ tUeir 
 heirs and 'alfi.'J-ps foranci durirts-the liiV and live:;? of F.^ 
 
 I'lzribeth ihc viiiV (">[' fr>n [Vt:ckSsi>i ,csq. thei^ hite 
 
 Elizabeth Johct\Jf'',,l'<r Jolfcr. c\\ , fon o{ Stephen 
 
 Jolter, and the faid Bcanvwui Bridges, and the life 
 and lives of the ionjietl live*^ of tUem, at and under the 
 } early rent of dollars, payable half yearly as there- 
 in is meritiontd. :\!id uIk rrns by indenture beating 
 even date with the above writtrii oblipfation, and n"!a.de 
 or mentioned to be made betneen the faid lulward 
 Earl ;\\m\ Beavrnont Bi idges, of the one part ; and the 
 faid Tbomas Sircat of the other pi.rt : T he fai'i jF*-A 
 ivard Jiarl i\m\ Beaumont Bridges, for Xht- conlidera- 
 tions therein naeuLioiied, have granted, releafed ancj
 
 504 C O x\' D I T I O N. 
 
 confirmed unto Tf.c faid Thomas Strcat, llie iiud//////,v^ 
 mi/l ivith the rncadoiVy una oihcr ihc prtn-ilcb uciTiikd 
 by the faid recited indentine of iesfc, and all their tilate 
 and intcrcil therein ; to hold ihe fame iiuto and to the 
 ufe and behoof of the faid Thomas Strcat, his htiis 
 and ailigns from thenceforth, for and dining tlie natural 
 li\es of them the faid Elizabeth Weeks ^ IV a tier 
 Joitcr. ^wd Bcaivmoiit Bridges^ and the lives and life 
 of the longell livers and liver of them, fubje6t to the 
 payment of the rent, and pejformance ot the co- 
 venants in the fame indenture of leafe rcferved 
 and contained, on the tenant or leilce's part, ficm 
 thenceforth to be paid, done and performed, as in and 
 by the faid recited indentures, relation being thereto 
 levcrally had may appear. Now therefore the conciition 
 of the above written obligation is fuch, that if the faid 
 Thomas Sir eat., his heirs, executors, adminilbators 
 and afiigns, do and Ihall frcm time to time and at all 
 times hereafter, during the continuance of the faid tirni 
 and ellate, by the faid laft recited indenture, granted, 
 and rclcafcd to the faiti Thomas Streat^ as aforefaid, 
 Vv'ell and truly pay the rent, and perform, ohferve, and 
 keep all and every the covenants and agreements in 
 the faid hereinbefore in part recited indenture of leafe 
 refervcd and contained, on the part and behalf of the 
 tenant, lelTee, or affignee of the faid premifes, from 
 henceforth to be paid, done, and performed according to 
 the purport, true intent and meaning of the fame inden- 
 ture, and Ihall and do, well and fufficiently fave, de- 
 fend, keep harmlefs, and indemnified the faid Edvcard 
 Earl^ and Beaiiviont Bridges^ and each of tlicm, their 
 and each of their heirs, executors, and adminiftrators^ 
 of and from the fame rent, covenants and agreements, 
 and of and from all lofs, cofts, damages, and expenfes 
 whatfoever, which they, any or either of them Pnall or 
 may bear, pay, fuflain, or be put unto, for or by reafon
 
 CONDITION. 505 
 
 »f the non-payment of the laid rent, or Hon- perform-. 
 i\uce of any of the faid covenants and aijiceniciits* 
 'I'hen, Jkc. ' 
 
 Tbai a Person when of Age shall convey. 
 
 Whereas Thomas Sloa?i, late of , deceafed, by 
 
 his lall w ill and leltament in \\ riting, bearing date on or 
 
 about die day o'i did amonglt other thmgs, 
 
 give, dcvife, and bequeath, all diat melfuagc or tene- 
 ment, &:c. then in the oceupation of his bioUier IVil- 
 limnSloan, to be equally divided between his two fons 
 George Sloan and Robert Sloan, their heirs and alligns, 
 equally part and Ihare alike ; and whereas the- above 
 named jfohn Good hath agreed with the faid Gtofge 
 Sloan and Robert Sloan for the abfolute purchafe of the 
 faid nielfua^yje, or tenement, and preniifes, deviled to 
 
 them as aforefliid, at and for the fu m of pounds, 
 
 but the faid Robert Sloan not beinjz; yet of a.2;e, cannot 
 join in conveying the iUme, to the faid John Good. — 
 And whereas the faid John Good hath at the rc(|upll of 
 he above bound R'lon Roiu and on his promife and 
 undertaking, that the faid Robert Sloan fliall, when 
 and fo foon as he fliall have attaii.ed the age of twenty- 
 one years, at the cofts and charges of the iVid John 
 Good, convey andadare to the faid John Good, his heirs 
 and afligns, his undivided moiety, or half part of the 
 faid melfuagc. or tenement and premifes, paid into the 
 hands of the faid George Sloan, the whole of the faid 
 purchafe money ; and the faid George Sloan, hath by 
 indenture of leale and rcleafe, the relcafe bearing even 
 date herewith, conveyed his undivided moiety or half 
 part thereof to the faid John Good, his heirs and afligns : 
 Now the condition of this obligation is fuch, that if the 
 the faid Robert Sloan, do or fliall, w hen and fo foon as 
 ke fliall have attained tlie faid age of twenty one years, 
 
 £39]
 
 506 CONDITIO N^ 
 
 at the cofls and charges of the faid John Good, coiivejf^ 
 and all'ait; Linto ti-n: i'lud John Good, his htirs and .;!- 
 ligns, by Tuch dteds and conveyance as the coiini'e of 
 the faid' John Good, ihall approve of, hib undivided 
 moiety or ha'f part of and in the faid meiruage, or tene- 
 ment and prcmifcs, devifed to him, and the faid George 
 Sloan as aforefaid, and that without any confideratioii, 
 to be paid him by the faid Jo/jh Good for fo doing ; and 
 ah'^o, if and in cafe the laid 2lio?i Row, his heirs, execu- 
 tory, or adminiftrators, do and fhall in the mean time, 
 and until the faid Robert Sloan, ihall have executed 
 fuch conveyances as aforefaid, fave, defend, keep harm- 
 lefs and indemnified the faid John Good., his heirs, exe- 
 cutors and adminiftrators, and his and their goods and 
 chattels, lands and tenements, and the faid melTuages, 
 or tenements, and premifes, fo to be conveyed by the 
 faid Robert Sloan, to the faid John Good as aforefaid, 
 and the rents, ilfues and profits thereof, of and from all 
 claims and demands to be made th<:reto, by, or on the 
 part and behalf of the faid Robert Sloan ; then, 8^c. 
 
 To indemnify Surety in a Bond. 
 
 The condition of this obligation is fuch, That where- 
 as the above named John Hay, at the fpecial inftance 
 and requell of the above bounden Titus JFcchs, and for 
 his only debt, duty, matter and caufe, together Vvith 
 him, the faid Titus Weeks, are held and firmly bound 
 
 unto a certain John Shaiv, of , in and by one o- 
 
 bligation, bearing even date herewith, in the penal fum 
 ci sixty dollars, conditioned for the true payment of 
 
 thirty dollars, like money, on or before the day 
 
 of , next enfuing the date of the faid obligation, 
 
 together with lawful intereft for the fame, as by the 
 fame obligation and condition thereof, (relation being 
 thereunto had) may more fully appear. If therefore the 
 faid Titus fVseks, his heirs, executors, ci: adminiilra-
 
 CONDITION. 307 
 
 tors, fliall and do, on or Ixfore tlic fald day of , 
 
 well and truly pay, or ciiiR' to be paid, unto the above 
 named John Sba\\)^ his certain attorney, executors, ad- 
 miniflrators or aftigas, the* aforclaid debt or I'um of 
 thirty dodurs, with its intereft, in difchariije of the laid 
 recited obli.^ation : And alfo ihail and do from tivreto 
 lime, and at all times hereafter, well and fnfiicientiy- 
 fave, defend, keep harmlefs, and indemnify the faid 
 John Hay, his heirs, executors ar»d admniiftrators, and 
 his and their goods and chattels, lands and tenements, 
 of and from the laid obligation, and of and from all 
 n6lio.is, fuits, pa\ ments, colls, charges and damages, 
 for or by reuloa thereof ; then, 8cc. 
 
 To dclher tip a Mill ivifh the Utensils, ^c, at the 
 termination of a Lease, in as good Repair and Con- 
 dition as the same were ivhtn let. 
 
 Whereas the above named Caleb Dust, by his in- 
 dentures of i{-ale under his hand and feal, bearintj: date 
 
 the day of , hath letten unto the above bound 
 
 Afuos /^/)/>, amongft other things, a certain Grist mill^ 
 
 with its appurtenances, iiuiated in , now in the 
 
 occupation of the faid Caleb Dust, and all the materi- 
 als, utenfds and tilings, now in, about and belouijing 
 
 thereto, for the term of years, from then 
 
 and now next enluing, at the yearly rent therein men- 
 tioned : Now the condition of this obligation is fnch. 
 That if th" faid Amos ylpp. his executors, adminiQra- 
 tors or afiigns, at his, tlieiror f(^me of their own pro. 
 per coflsand charges, do and ihall, before the expira- 
 tion of the faid term of years, by the faid recited 
 
 ]c\.\{'<i' granted, or other fooner determination thereof, 
 which Hiall Srft happen, make or caufe the faid mill, 
 and all things belonging thereunto to be mnde and put 
 into the fame form, order and manner as they now arc,
 
 36s CONDITION. 
 
 and fitting to be ufcd lor a Grist mill, as the fame now 
 is, an. iluul ana ao dc:iver upthe lame, in Inch order 
 and manner as aforei'aid, at the expiration ot the laid 
 term, uith al! the materials, utenhls, and things which 
 are now in, about and belongi-.jg thereto, unto the faid 
 Calel? Dust^ his exeeutors, adminiilrators or aiVigns, in 
 as good repair and condition as they now are and be, 
 reaVonabie uie and wearing thereof m the mean time 
 only excepted ; then, &c. 
 
 Of a Bond of Indemnity on suffering an Executor t9 
 retain Money in hts Hands directed by the 11111 te 
 be put out to Interest. 
 
 Whereas Adam Asp, late of , late hufband of 
 
 the above named Betsy Asp, by his laft will ai-d teila- 
 
 snent in writing, bearnig date on or about the day 
 
 of , did, amongft divers other pecuniary legacies, 
 
 give unto the l\iid Bttsy Asp, and to the above bound 
 John Fee, (by the dcfcription, &c.) and to the furvivor 
 of them, and'to the executors and adminiiirators of fuch 
 
 furvivor, the fum of dollars, upon truft, to place 
 
 the fome out in bank ftock, and to pay and apply the in- 
 tereft and proceeds thereof, for and towards the main- 
 tenance and education of all and every the children of 
 his niece Sarah Fee by her faid hufband John Fee, in 
 fuch fluires and proportions as his liiid niece fhould di- 
 rect, until her faid children (houldattain their refpe£live 
 ages of twenty-one years ; and then in truft to pay to the 
 faidchildren,'and to the furvivor or furvivprs of them^ 
 
 the faid fum of dollars, or the produce thereof, at 
 
 their refpe6live ages of tv.-enty-one years, equally be- 
 . tween them, fliare and iTiare alike ; and of his faid will, 
 did conflitute and appoint his faid w-ife Betsy, and Ws 
 jiephew-in-law John Fee, executrix and executor, as 
 by the faid will duly proved in the regifler's office of the 
 county of , relation being thereuiitQ had, will ap-
 
 CONDITION. 509 
 
 pear : And ^vhercas tlie {"akI Sarah Fee had, at the time 
 the tcftator made his laid will, and Ihll hadi live chil- 
 dren Lving 1)}^ her faid hiifband John Fee ; that is to 
 fay, JbeL Betsy, Caleb, D.'.niel, and Esther, ail ftiU 
 under age ; and whereas the faid John Fee and Samuel 
 Lee, have re([nefted the laid Betsy A\-p, to permit the 
 faid John Fee, to retain in his hands, out of the laid tef- 
 
 tator's cllate, the faid legacy of dollars, fo t^iven to 
 
 them the laid Betsy Asp and John Fee, in truU ibr the 
 children of th" faid Sarah Fee by the faid John Fee, as 
 albrefaid until they Ihall feverally become intitled to 
 receive their proportions of the fame, Avhich the faid 
 Betsy Jsp iiath agreed to, oil the faid John Fee and 
 Savmcl Lee indemnif^'ing her therein, as hereina!ter is 
 m; "itioned : Now the condition of this obligation is 
 fuch, that If ihe above bound John Fee, his heirs, exe- 
 cutors or dchninillrators, do and fhall well and truly 
 pay, (ir caufe to be paid, unto the faid Abel, Betsy ^ Ca- 
 leb, JJaniel ixn(] Esther, children oftlie faid Sa>ab Fee 
 by the hAJnhn Fee, or to the furvivors or furvlvor of 
 
 them, the faid le«;acy or fum of dollars, fo given 
 
 to the faid Betsy ./L7; and John Fee by the faid recited 
 will, in truft for them as aforcfiid, when and as they 
 fhall refpe6lively attain the age of tv.enty-one years, in 
 the proportions, and according to the dirc61ions of the 
 laid recited will, and do and llvill from time to time aiid 
 at all times hereafter, well and fufficiently five harmlefs, 
 and keep indemnified, the fiid Betsy Asp, her heirs, 
 executors and adminillrators, and her and their goods 
 and chattels, lands and tenements, of, from and againft 
 all loffes, cods, charges, damages and expenfes which 
 Piie or they fliall or m;\y bear, pay, fultain, or be put un- 
 to; for or by reafon or means of the faid legacy or funi 
 
 of- dollars, not being placed out upon bank ilock, 
 
 according to the direc\Ions contained in the faid recited 
 will, or for or by reafon or means of any other matter, 
 caufe, or thing whatfocver relating to the faid legacy ; 
 *^\en, &,c.
 
 316 CONDITION. 
 
 Tor JincUng an Apprentice in Clothes ^ h^c. and for 
 his i'ldelity. 
 
 Whereas John Meigs ^ Ion of the above hour J. Sa- 
 inuei Meij^s, i^y his indenture of apprenticelhip, bear- 
 ing rven date with the above written obligation, hatl\ 
 put h)niftii\.pprentice to the above named Jo/juFulcan^ 
 for the term of feven years, from the date hereof, as by 
 the faid indenture (relation beinj; thereunto had) may 
 appear : And whereas the fwd Jo/.in Vulcan^ accepted 
 oi'thc faid John Met^s as liib apprentice, on his the iiiid 
 S miiel M(:igs^^;rt:Q.'yi\% to liiKl a)jd provide for the laid 
 John McigSy his fon, all and all maniier of vvearirij^ ap- 
 parel, and wufiiing:, during his faid apprenticelhip, 
 and in cafe of iicknefs, proper diet, lodg-ing, phylie, at- 
 tendance and advice : Now the condition of th'^b obli- 
 gation is fuch, That if the above bound Samuel Me i^s^ 
 his executors or adminilhators, or any of tlieni, do and 
 lliall from time to time, and at all times hereafter, dur- 
 ing the apprenticelhip of the faid John Aleigs^ at his 
 and their own proper cofts and charges, lind and pro- 
 vide, or caufe to be found and provided, for him the 
 Hiid John Meigs, all and all manner of wearing apparel 
 vrhatfoever, and wafliiny; fit and convenient for the faid 
 John A feigs, and mc'di^G theiixid John Meigs ^ fnall at 
 any time or times during his faidapprenticelT)ip, be ren- 
 dered incapable by ficknefs or other\^'ife, of performing 
 his duty as an apprentice^ do and fhall, as often and ^o 
 long as the fame fliall happen and continue, at his and 
 their own proper cofts and charges, find and provide 
 for the faid John Meigs, fit and convenient diet, lodg- 
 ing, phyfic, attendance and advice, and thereof and 
 therefrom, and from the covenants in the faid John 
 Meig^s indenture of apprenticefliip contained, relating 
 thereto, do and HiaH fave,- keepharmkfs and indrmni- 
 iied, the Ma John Vulcan, his executors and adminifira- 
 tors, and every of them ; -and alfo if the faid John 
 Meigs ^ at any time during liis faid apprenticelhip, fiiall
 
 CONDITION. 5U 
 
 llctain, confvimc and embezzle, make away, or lend, 
 wiiliout his laid mailer's order or privity, any money, 
 goods, u:ires, nKiclKindifes, oroiher things appci tam- 
 ing to the laid John Vidcaiu his executors, or admini, 
 ftrators, and the laic! Samuel Mc'igs do andTtiali ai\vays 
 vitliin ten days next alter notice given to him or them 
 in tlvat behalf, make fulucient recomjx-nfe, payment 
 and lii'isltictiwn to tlie laid /a/;;/ Vulcan^ his e?;ecutors 
 «f adminiliiators, ol'and Ibr the fame ; then, 8^c. 
 
 To indemnify Bail in Bail-Bond. 
 
 The condition of this oblipration isfuch,That where^ 
 as the above named Amos Buck, at the f^ecial inllauce 
 and rcquell of the above bounden Caleb Doc^ in and 
 
 by one obliijation, bearing date the -^ — day of , 
 
 became bound unto Peter Fox^ efquire, high flier iff 
 of the county of , in the fum of dollars, condi- 
 tioned for the uppearance of th.e faid Caleb Doe^ before 
 the judges of the court of common pleas, to be held 
 
 at , the day uf nc xt, as by the faid recited o- 
 
 bligationand condilinn thereof (relation bcingthereun- 
 to ha(i) appears. If tliercfore the faid Caleb Doe. fliall 
 appear according to the condition of the faid rjuligati- 
 on, and as the law requires : And alfo fiiall and do» 
 from time to time, and at ail times hereafter, well and 
 fufiicicnlly lave, defnd. keep harm'efs, and indemnify 
 the faid Jivws Buck, his heirs, executors and admii^if- 
 trarors, and hi« and their (roods and chattels, lands ^md 
 tenements, of and faim ^1^ ^'<mi oblisrntion, and (>f ^I'd 
 from uU actions, fuits. • s coOs. rhnr-^cs and da- 
 
 mages, for or by rcafou ihereof. Then, ^c.
 
 312 CONDITION. 
 
 For the Obligor fo re-pay Money giDen him for his 
 Clerksbip^ ij the Obligee be not admitted into it. 
 
 Wherear, the above bound yi^j??2 dpp /is vi clerk of 
 
 the court oi" , and whereas the laid Adam Appy 
 
 doth intend to iurrender his laid oifice : and whereas 
 the above named Bion Bell^ hath paid to the laid 
 _^Ad'am Jpp^ ihtiwm o\ — —dollars, which is to re- 
 main to his own proper life, when and as loon as the 
 ftid Bion Bell, is appointed to the laid office of clerk 
 
 of in the room of the laid Adam App : Novv' 
 
 therefore the condition of this obligation is fuch, that 
 if the faid Bion Bell, fnall or may be (by the means or 
 procurement of the {^ndAdam App,) appointed to the 
 
 faid office of clerk of , in the room of the faid Adam 
 
 App, on or before the day of , next enfnin^ 
 
 the date above written, according to the ufual cuftom 
 in that cafe, he the faid Bion Bell^ P^yi'ig ^^"'e charge 
 of his appointment to the laid office *, of in default, or 
 for want of the faid Adam App'^s procuring the laid Bi- 
 on Bell, fo to be annointed to the faid office within the 
 time aforefaid, if the faid Adam App, his heirs, execu- 
 tors, or adminiilrators fiiall pay back the faid 
 
 dollars unto the faid Bion Bell, his executors, 
 
 adminiilrators or affigns, in either of the faid cafes, this 
 obligation to be void and of none effe^i ; or elfe to re- 
 main in full force and virtue. 
 
 For refunding a Legacy in ease ofDefciency of Assets, 
 
 Whereas Samuel Saurin, late of , deceafed,fon 
 
 of the above named Samuel Saurin, by his laft will and 
 
 teilament in writing, bearing date on or about the 
 
 day of , did amongfl other things, give and be- 
 queath unto the a])0ve bound Rian Saurin, by the name 
 and defcription of his dear brother Rian Saurin, the 
 fum of -- — dollars, and declared his will to be, that
 
 CONDITION, 3LS 
 
 none of his Icj^acics Oiould charge or aflfecl his real 
 t'ilate, but iijouid be jxiid oul oi" liis i^erfoiiul tihuc on- 
 ly ; and ol lus laid will did nominaif, coulUtiitc and 
 appoint the laid St vine I Sauriii, his (ather, luil and toic 
 executor, as in and by the fait! will duly proved \\\ the 
 faid executor, in the regiller'y ottice of the county of" 
 
 , relation benig thereunto had, may appear : And 
 
 whereas the faid S.nnucl Saurin, the teltator, by his 
 faid will bequeathed fever al other pecuniary legacies, 
 
 amounting, together with the faid dollars, "^ given 
 
 to his brother Rilui Saiirin as aforefaid, to the full fura 
 
 of dollars : And uhereasthe faid Samuel Saurin^ 
 
 the father, alledges, that the perfonal ellate of his late 
 fon, will not, as he verily believes, after payment of 
 his debts, funeral expenfes, and the neceffary charges 
 incident to the faid executorfliip, be near fufficient to 
 pay the whole of the faid pecuniary legacies, and he is- 
 doubtful whether all the debts owing by his faid late 
 fon, at his death, are yet come to his knowledge, not- 
 withftanding which he is deiirous and willing to pay fo 
 much of the faid legacies, as the perfonal ellate of his 
 iliid late fon come to his hands will extend to fatisfy 
 and pay, being indemnified and lined harmlefs in fo 
 doing : And whereas the faid Samuel Saurin, the fa* 
 ther, hath in his hands of the perfonal eftate of his faid 
 late fon fuflicient to pay all the debts of the faid teltator, 
 ■which have hitherto come to his know ledge, his fune- 
 ral expenfes, and the nccefHiry charges of liis faid exe- 
 cutorfliip, to the date hereof, and a fifth part of the pe- 
 cuniary legacies bequeathed by the faid recited will, 
 and had), the day of the date hereof, at the requefl of 
 the laid Rian Sauriri, and on his promife of indemnity, 
 paid unto him the faid i?i^« 5rtf/r/« the fum of— ^ 
 
 dollars, being the fifth part ofthefum of dollars, 
 
 given him by the laid, in part, recited will as aforefaid : 
 Now the condition of the above written obligation is 
 fuch, that if the perfonal eftate of the iliid Saviucl Saus
 
 S14 ' CONDITION". 
 
 rin, deccafed, fliall not prove fufiicient to pay tlie jafi 
 debts and lunerai expenics of the faid ttllator, and the 
 jieceliary charges of the faid executorlhip, and a fifth 
 part of ail the pecuniary legacies given by the faid will ; 
 thtn i^ ihc i^aid Ricji Smirin^ his heirs, executors or 
 adminilbators, do and fliall within fourteen days next 
 after notice thereof to him or them given in ihat behalf, 
 repay to him the faid Samuel Saurhu his father, his 
 
 c^xccutors, adminiftrators or afiigns, the faid fum of 
 
 dollars fo paid to him as aforefaid, or fo much thereof 
 as (liall appear to be more than was coming due to him 
 out of the perfonal eftate of the faid Samuel Saiwin, 
 
 deceafed, in refpeft of the liiid legacy of- dollars, 
 
 given to him by the faid recited will as aforefaid, in pro- 
 portion to the other pecuniary legacies, under the faid 
 ■will ; and alfo do and fhall from time to time, and at all 
 times hereafter, fave, defend, keep harmlefs and indem- 
 siiiied the faid Samuel Saur'm^ his father, his executors 
 and adminiftrators, and the ellate of the faid Sa?7iuel 
 Saurin^ deceafed, of and from ali coils, charges, dama- 
 ges and expenfes that fliall or may happen, or come to 
 3iim or them, or the eilate of the faid Samuel Saurin^ 
 deceafed, for or by reafon or means of his having paid 
 
 the faid Rian Saurin the faid fum of dollars, \n 
 
 part of the faid legacy as aforefaid, or any matter, caufe 
 or thing relating thereto ; then. Sec. 
 
 ^0 discharge an Apprentice before the expiration of 
 his Apprenticeship. 
 
 Whereas Peter Sharp, fon of the above named John 
 Sharps by his indenture of apprenticefliip, bearing even 
 date here^^ ith, hath put himfelf apprentice to the above 
 bound John Jones, to ferve him as an apprentice from 
 
 the date thereof, for and during the term of years, 
 
 ^s in and by the faid indenture, relation being thereu»*
 
 CONDITIOX. 31$ 
 
 to had, M ill appear. And whereas previous to the cx- 
 ijcutiou olthe laid rcciicd indenture of" apprenticelliip, 
 h was agreed between the faid John Jones and 'John 
 Sharps tnat the laid Peter Sharp Ihould be difcharged 
 iVoni his laid apprentieelliip at the expiration of the 
 
 iiril years of the laid term of years. Now 
 
 the eondition of the above written obhgation is fuch, 
 that if liie laid John "Jones^ his executors or adniini- 
 
 ihatojb do and Ihall at the expiration of the firll 
 
 years ol the faid appreiuicelhip term of- years, re- 
 
 leufe and dil'chargc the faid Pcier Sharps of and from, 
 his faid ferviee and apprenticelhip, and deliver him up 
 the laid nidcnture ofapprenticelhip to be cancelled, and 
 do and Ih.ill p^-M-niit and fuiier the faid Peter Sharps 
 peaceably and quietly to have and enjoy the remainder 
 
 of his faid appreniicefnip term of years for his 
 
 own bcnelit and advantage ; then, &c. 
 
 To Indemnify Special Bail. 
 
 The condition of this oblip:ation is fuch. That wliere- 
 as the above named Adam Pcck^ at the fpecial inftance 
 and re(]ueft of the above bounden Caleb Doe^ became 
 fl)ccial bail for the faid Caleb Doc^ in a certain a(5>ioa 
 of debt, [^ircspass, ^c. as the case may bel^ at the fuit 
 of Enoch 7'(.7/, in the court of common pleas of the 
 cour.ty aforefaid, as by the recognizance of bail on re- 
 cord in the laid court, may mo-e at large appear. If 
 therefore the laid ^'tileb Doe, Ihall appear according to 
 tlic condition of the faid obligation, and as the law re- 
 (]uires ; and alfo Ihall and do, from time to time, and 
 at all times hereafter, well and fnfficiently fave, defend, 
 keep harmlefs and indemnify the faid Jdam Beck: 1iis 
 heirs, executors and adminillrators, and his and their 
 goods and chattels, lands and tenements, of and from 
 the faid obligation, imd of and from all anions, fiiits, 
 pavments, coils, charges and damages, for or by reafoii 
 hereof ; then, S^c.
 
 31a CONDITION. 
 
 To deliver up a Ship a?id to pay part of the Projits of 
 the Master's Privilege and Caidoggen at the end of 
 a voyage. 
 
 "Whereas the above named Abncr App^ maficr and 
 
 part owner ol the Ihip Nancy ^ bujihen cibout tons, 
 
 and the reft of ihe part owners oi the i'aid Ihip, have 
 coiiftniedtlui! the iibo\c\y:,u\-AAbner,.ipp^\\\d.\\ gomailer 
 
 of the faid lliip for the prcfent nitended voyage to 
 
 and back to . Now the condition oi this obliga- 
 tion is fuch, that if the faid Bion Bell^ at the return and 
 
 arrival of the laid (hip at , from her faid mtended 
 
 voyage, or at any other time when required by the faid 
 Abner App, ihall and do peaceably and quietly deliver 
 lip the faid fliip, and the a6lual poflefuon thereoi^ ujito 
 the faid Abner App, or unto BaDid Doe, one other of 
 the part owners of the faid fliip, together with all and 
 fnigular the furniture, tackle, apparel, and other ap* 
 purtenances and things whatfoever to the faid (hip or 
 veiTel belonging, and which fliall belong, at what time 
 the fame fliali be required by the faid part owners, or 
 the major part of them, (reafonable wear and tear there- 
 of excepted) freed of all charges and incumbrances 
 vdiatfoever to be done, committed or fuffered by the 
 faid Abner App, in any manner of wife : And alfo if the 
 faid Biofj Bill, fliall and do give a juil and true account 
 of all fums of money and profits which fhall become 
 due, arifc, be made or received for or on account of the 
 faid mafter's privilege of and in th^ faid ihip, and for 
 caploggcn during the faid voyage, by virtue of the 
 charter party for the faid fliip and voyage, or otherwifc : 
 And alfo pay unto the faid Abner App, for his own pro- 
 per ufe, one full ~ part of what fliall become due 
 
 and be received for his faid privilege and caploggen, 
 the faid Abner App^ p^'ying thereout part of the faid 
 fliip's damage and other charges, in refpecl of the faiel 
 t^rivilege ; then, &r,
 
 CONDITION^ 31? 
 
 From a surihing Partner, to a Man and Lis Wife, 
 the Executrix of a deceased Partner, for Payment 
 of xhat the deceased s Share of the Ej/ects aniuunt-> 
 cd to, pursuant to a Conyeiiant in the Co-partnership 
 Deed. 
 
 'I'be condition of this obligation is fuch, that if ihq 
 above boiinclcn jhnos Jpp, his hcir.-j, executors or ad- 
 niiiiillrators, do and lliall uell and truly pay or caufe 
 to be paid unto the above named Bets'^ Black, as exc^ 
 cutrix ofthe hill: will and tcllament of 7'VtY/^/7V*^ Finch^ 
 her late brother deceafed, her executors, adminiilra- 
 
 tors, or afiigns, the full fum of dollars on the 
 
 day of next enfuinp; the date of the above 
 
 written obliteration, v.ith interell for the fame, after the 
 rate o\\f('ur dollars for every hundred dollars, by the 
 year, from the day of next, then, 8^c. 
 
 To Indemnify a Person on discharging his apprentice,, 
 
 W her I:: i\s J m OS No\v, fun of the above houn(] ^ oh ?i 
 How, by ills indenture of apprenticefnip bcarins^ date 
 
 on or about the day of , did put liimfelf 
 
 apprentice unto the above named Enoch Poc, to ferve 
 
 him as an apprentice for the fpace of years, from 
 
 the date of the faid indenture, as in and b^y the fa id in- 
 denture of apprenticefhip, relation beinp^ thereunto 
 had, may appear. And whereas the faid Enoch Poe^ 
 as well at the dehre of the laid ylmos How, as with the 
 confcnt and approtjation of the faid John How, and on 
 his promife of indemnirv, hadi difchari^^d his appren- 
 tice of and from his fervicc, and hath repaid unto the 
 
 ^\.\k\ John How, x\\Q fum of dollars, part of the 
 
 fum of dollars, by him had and received with 
 
 his faid apprentice; th.e receipt of which faid fum 
 of dollars, he the faid John How, doth hereby ac- 
 knowledge. Now the condition cf this oblii^atiou is
 
 513 ' CONDITION. 
 
 fuel), that if the above bwuiiden John How^ his heirs, 
 executors., and adinmillrators, or any ol them, do and 
 iha.l, from time to nine, and at uii times iiereatter, lave 
 deicnd, keep iiarmieib an., indemnified tne faid Enoch 
 J^o<^y his execuiors and adnuiuiliatorh, and ins and 
 their goods antl chattels, lands and tenements ot and 
 from all and every the covenants in the laid in part re- 
 cited indenture ofapprentieernip contained, and which 
 .on the part of the laid Enoch Foe^ his executors or 
 adminiilrators are or ought to be done and pcriormed, 
 iiiid ail aClion and actions, fuit and I'uits both at law 
 and in equity. Coils, charges, damages, and expenfes 
 whatfoever, which ihall or may happen to him or them, 
 for or by reafon thereof, or touching or concerning the 
 faid indenture of apprenticclhip, or by reafon or means 
 of any fain or funis of money by him had and receiv- 
 ed with the faid Amos Hoto^ or for re -payment there- 
 of, or any wife relating to any of the fuid matters : 
 Then, &c. 
 
 To Indemnify Bail hi Recogmzance, 
 
 The condition of this obligation is fuch, That 
 xvhereas the above named Abel Bentley^ at the Ipeciai 
 in fiance and requeft, of the above lx)unden Caleb Doe^ 
 llandeth bound for the faid Caleb DoCy to the com- 
 monwealth 01 Fejinsyhania^ in the fum of dol- 
 lars, conditioned for the appearance of the faid Caleb 
 Doe^ at the next court of genera! quarter feilions of the 
 
 peace, to be held at , in and for -the county of , 
 
 aforefaid, to anfwerto fuch matters and things, asfliali 
 then and there be objected againfl him, on the com,- 
 anonwealth's behalf, [or to an^iver to a certain indict- 
 :nent preferred against him^ for ^c.'] And alfo that 
 the faid Caleb Doe iliall in the mean time keep the 
 peace,and be of good behaviour tov/ards ail the citizieus
 
 CONDITION. S1S> 
 
 «jf l»e commonwcukb, and erpecially towardg John 
 Sloan^ as by the laid recognizance of bail on record in 
 the iaid court, may more at lari^e appear, litht reibrc, 
 the laid {\ilcb Doc^ Ihall appear according to the con- 
 dition ot" the laid rccc>!^nizance,and as the iawrequires : 
 And alio Ihall and do, IVoni time to time, and at all 
 times herealter, ^^ell andi'nliiciently lave, dclend keep 
 harmlels, and indemnify the i\ud /JOi/Bent/cfV. his heirs, 
 executors and auaun.llrators, and his and Lheir goods 
 and chattels, lands and tenements, ol' and from the faid 
 iecognizancc,and ofandlVom all action s,fu its, payments, 
 colts, charges and damages, for or by reafon thereof. 
 Then, i^c. 
 
 Then an Apprentice "hall account^ and that satisfactU 
 on shall be made for what he embezzles. 
 
 Whereas Daniel Boal, fon of the above bound Abel 
 JRoal^ by his indentures of apprenticelhip uiuler his 
 
 hand and feal, bearing date the « day of , hath 
 
 bound himfelf apprentice unto the above ^-samed Bion 
 
 Bell for the term (jf yeuri., from the date of the 
 
 laid indentures of apprenticelhip, as thereby, relation 
 being thereunto had, may appear. Now the condition 
 of the above obligation is fuch, that if the faid Daii'ul 
 Jioal^ lliall and do, from time to time, during the faid 
 term of his apprenticeHiip, fo often as he Oiall thereun- 
 to be required by the faid B'lon Bell, his executors or 
 adminilliators, give a jnft and true account of all fuch 
 fum and funis of money, bills, notes and other things^ 
 Mhich lliall be received by, or be committed, or come? 
 to the hands, ciiarge or cuilody of the faid Da'chi Boal. 
 And that if the Riid David BoaU or any others by his 
 means, privity or procurement \_if the bovd is made 
 after the indentures^ these words may come in ho c'\ 
 lince the day of the date of the faid recited indcnturG«*
 
 S20 CONDITIO N, 
 
 hath wailed, coiifumecl, embezzled, mlfpcndcd, pur- 
 loined, made auay, or unjultly detained, or (hall at any- 
 time during (the remainder of) the faid term Widle, 
 confumc, embezzle, mii'pend, purloin, m.ake away, or 
 unjuilly detain any of the monies, goods, wares, mer- 
 chandiies, or other things whatfoever, of, or belonging 
 to the faid Bion Belly his executors, adminiili aiors or 
 afiigns, or any other perfon or perfons wherewith he or 
 they Ihall or may be charged or chargeable : If then, 
 and fo often he the faid </^l?/i?(7«/, his executors and 
 
 adminiftrators, fliuU and do, within days always 
 
 next after requeil made and notice to him or them ia 
 that behalf given, from time to time, make and give un- 
 to the faid Bion Bell, his executors, adminiftrators or 
 afiigns, full fatisfa£tion and recompenfe, of and for all 
 fuch monies, goods, wares, n^.erchandifes or other 
 things whatfoever, which upon anj accounts or other- 
 wife at anytime fliall truly appear, or be found, con- 
 felTed or proved to be wafted, confumed, embezzled, 
 mifpent, purloined, made av/ay, or unjuftly detained by 
 the faid Dai) id BcaL cr by ary other perfon or 
 perfons by his means, privity or procurement, then, &ic. 
 
 For Payment of an Annuity during Life. 
 
 Whereas the above boundcn Abel Man, on the day 
 of the date of the above v.ritten obligation, hath had 
 and received tohis ov.n ufe, of and from the above 
 
 named John Pugb, the fum of dollars, the receipt 
 
 whereof he doth hereby acknowledge, in confideratioir 
 Whereof he the faid Abel Man, hcWh agreed to pay un- 
 to the faid John Piigb, one annuity or clear yearly fam 
 
 of dollars, during his natural life, to be paid in 
 
 manner hereafter mentioned. Now the condition of 
 this obligation is fuch, That if the above bounden Abel 
 Mcm^ his' heirs, c>;ccutors, gr adminiftratorsj or any of
 
 CONDITION. 321 
 
 thim, do and fliall yearly and every year duvinp^ the 
 natural life of the above uiinicd '[John i^ii;^b, ^^cil and 
 truly pay or caiife to be paid lo him the laid John Pir^h^ 
 or hjs aifigns, the clear yearly fum of — - dollars, by 
 quarterly j)ii) mer.ts, on thclbu: molt ulual d:'.ys ofpay- 
 ir.eut 1.1 liie year (lial is to f.:y) ihc firft days of Janu- 
 ary, Apii', July aiKl October, in each year, by even 
 and equal portions, the lirfl p.iyment theicof to bei^ia 
 and be made on the lirll day ol January, next tnfuing 
 the date of the above written obligation, then this obli- 
 gation {hail be void ar,d of no effete, but ifde{l\ult Ijuill 
 happen to be made, of or in any of the faid quaiterly 
 payments, or an\ part thereof, on any or either of the 
 faid q'larterlv davs, ftn \vhieh the fiime ous^ht to be 
 paid as aforelitid, then the fame (hali llaud and remaiii 
 in full force and virtue. 
 
 For the Fideiify of a Clerk, 
 
 Whereas the above named Amos Hunt^ hath taken 
 and received the above bound Bion Kapp, into his fer* 
 vice to be one of his clerks to collec"t, receive and get in 
 money for him, and to do all other things in his power 
 incident to the bufmefs of a clerk . Now the con- 
 dition of this oblip^ation is fuch, that iftheliiid Ilioii 
 Ktipp do not or 111 all not at all times hereafter, from 
 time to time, durino^ fo long time as he the faid Bion 
 Kapp. fliall continue and be employed in the ferviceof 
 the faid Amos Hunt, as his clerk or fervant, well, faith- 
 fully and truly ferve the faid Amos Hunt, his mafter 
 without confuming, wailing, embezzling, lofing, mif- 
 pendinfT, mifajiplying or unlawfully making away with 
 jmy of the monies, goods, chattels, wares, merchandi- 
 fes or cfl'e6ls whatfocver, of the faid Amos Hviit, his 
 mailer, or of any other perfon or pcrfons whatfoevcr, 
 for which he the faid Amos Hunt, his heirs, executory.
 
 52^ CONDITION. 
 
 or admlnlftrators fliiill or may by any law, cuflom of 
 iifaoe wliatibevcr be any nays ani'werable or rciponfi- 
 ble, whicli fliail be commltttd to his the faid JJion 
 Jiap/fs charge, care, cullody or keeping, by reafon or 
 means of his laid fervice, or being cierk-as albreiaid ; 
 and if the faitl Biofi Xapp^ Ihall at any time during the 
 time o^ his being clerk or fervant to the faid Amos 
 Hunt, his executors or adminiflrators, negle^l or refule 
 to account with him the faid Amos Hunt., his executors, 
 adminiftrators or affigns, weekly or oftener, if thereun- 
 to required by the faid Amos Hiint^ his executors oir 
 adminiflrators, by reafonable notice in writing under 
 liis or their hands, for that purpofe to be given to or 
 left for him the faid B'lon Kapp^ at his houfe or ufual 
 place of abode or habitation ; then if the faid Blon Kapp 
 and Enoch Ellis ^ or either of them, their or either of 
 their heirs, executors or adminillrators, er any of them 
 
 tlo and Iliall (within months next after due proof 
 
 thereof, either by the confeffion of the faid B'lon Kappy 
 or otherwife howfocver, and notice or warning thereof 
 given or left, at or in the dwelling-houfe, habitation or 
 place of refidence of them the faid Blon Kapp and E^ 
 moch EUis^ or either of them, or either of their heirs^ 
 executors or adminillrators, in writing or otherwife,) 
 snake good and fuiTicient recompenfe, fatisfaclion, and 
 payment, unto the faid Amos liunt^ his executors, ad- 
 ■jniniftrators or afiigns, for the faid monies, goods, chat- 
 tels, wares, merchandifes or efFecls of him the Hiid ^- 
 mos Hunt, fo loft, wafted, mifpent, or milapplied as a- 
 forefaid, and alio for all fuch lofs, damage or charg;e as 
 he the faid Amos Hunt, his executors, or adminiftra- 
 tors fliall fulTer, fuftain and be put unto, for or by rejj- 
 fon or means of his the faid Bion Aj/-^/>'^ neglecting of 
 refufmjj to acGOunt gis aforefaid ; then, &:g»
 
 CONDITION. 323 
 
 To Indemnify Surety in Administration Bond, 
 
 The condition of this oblii^ation is fuch, That where- 
 as tlic above named Ca/cb ^>ol\ at tlie ipeeial inllanee 
 and requelt of the above bounden Paul Mcck^ in and by 
 
 a certain oblij^ation bearint^ date the day of , 
 
 hath become ijound toy;cther with thofaid Caleb I'olky 
 unto %imcs Bctz, efqiiire, rcj:?iller for the probate of 
 vills and granting letters of admmiftration, in and for 
 the county of aforefaid, in the fum of dol- 
 lars, for the due adminiftration of ail and fingular the 
 goods and chattels, rights and credits, v. hieh were of 
 
 John Kiits, late of , who died intellate, &C. asby 
 
 the faid recited obligation and condition thereof, rcr 
 
 mainingin the regiller's ofiice, at , relation being 
 
 tliereunto had more at large appears. If therefore the 
 faid Paul Jl/t'cA',admini{lrator as aforefliid, Iball and do, 
 well and truly adminifter all and lingular the goods and 
 chattels, rights and credits, which were of the nfoiefaid 
 John Kitts., according to law. and do and perform all 
 ajid every other acl, matter and thing, on the partand be- 
 lialfof the faid Paul Meek to be done and performed, 
 according to the true intent and meaning of the condi- 
 tion of the faid recited obligation, and alfo fliall and do* 
 fjom time to time, and at all times hereafter, well and 
 iufliciently fave, keep harmlefs and indemnify the laid 
 Caleb Doe, his heirs, executors and adminillrators, and 
 liis and their goods and chattels, lands and tenements, 
 of and from the faid obligation, and of and from all 
 26>ions, fuits, payments, colls, charges and damages, 
 for or by reafon thereof ; then, &,c. 
 
 To Pay Money for Goods sold, cmd for Freight ami 
 Insuranee. 
 
 Whereas the above hound Jlmos Ames, and Fion 
 j^ctz, are J^und out oo a voyage to ,^and othe§
 
 324 CONDITION, 
 
 parts beyond the feas : And wticreas the above named 
 Caleb CuXj at the icquell oi" the itiia ^imoa .'imcs and 
 JBion Bctz^ hum liiippeci, oi' is co Iliip on bucud feme 
 
 lijip or ilups ior , Cj«aThb -ma {lunl> piiMicuIuily 
 
 nifcotioned in the invoice liiertol" ; which i^oodb by a- 
 grcemciit are or .ue to be couiigned lo the i'diu /iriios 
 
 Ames <x\\Ci JJion Bciz at , and they have aj^rced, 
 
 ajiodo bet eb) agree, toicccive the i'^inic at , ufid 
 
 pay the lVe"ii2:hi thernjftiiiiher, and to dilpoie oi" the find 
 goods, and i un ail riicjuei of the fame after their arrival 
 ihirv ; arid to anfwer, pay, and make good to the faid 
 
 Ci Icb Cox^ at , ior the faid goods and his profits 
 
 fhtieby, and for his bearing the rifque thereof to — — -, 
 
 tfif iurn of , as hereunder is niei.tioncd : Now 
 
 thv condition of this ob'igation is fuch, that if the faid 
 ^rrni'.Ks /irncs and Bum Bctz, their executors, admini- 
 fi ..t;)s or affig-ns, or either or any of them fliall and do 
 
 receive the faid goods upon their arrival at , and 
 
 psy thf freight thereof thither, and run all rifques of the 
 fame after their arrival there ; and do and fliall alfo 
 truly pi!}', or caufe to be paid, fatisfied and made good 
 tinto the faid Caleb Cox, his executors, adminiftrators 
 or afigns, in — , for ihe faid goods and his profit 
 
 thereby, and for his rifque thereof to as aforefaid ; 
 
 the faid fum of on, &c. al! further advantages, by 
 
 or in rf fped^ of the faid goods being for the proper ac- 
 counts of the im^ Amos Ames sind Bi&n Belz ; then^^ 
 
 &Co 
 
 ^or payment of an Aiimnfy chirhi^y ihe joint LiDcs of 
 tioo Persons, and of a Sum of Moiiey, in Case o?ie 
 of them shall die in the Life- time of the other. 
 
 The condition of this obligation is fuch, That if the 
 above bound ./ hn Bent, his heirs, executors or admi» 
 iiijihtitors, or aijy of them, do and lliall yearly and ev.e^
 
 CONDITION. ^ 325 
 
 ry year, duiiiii^ the joint lives of him the faid John 
 Jietit^ and the abo\e named fFin Lt'm„ veil and truly 
 \).'\ or caiil'c lobe paid unto the laid IJln Lem, or his 
 
 aliigiis, one annuiiy, or clear yearly Inm of dol- 
 
 lai',, by Ibnr even and c(|ual (jiiiulerly payments, on the 
 four moil ufual quarterly days ofpiivment in the year, 
 that is to i'-iy, the liilt days of the months of January, 
 iNpril, July, -and (3c\c)ber, in eacli and every j-ear ; the 
 ill it of the faid quarterly payments, to begin and be 
 made on the firil clay of January, next cnfuing the date 
 of the above written oblic^ation ; and if the ht-irs, exe- 
 cutors or adminidrators, of the fuid yobn I>'c?it, do and 
 IIkiH in cafe the faid Jobn Ikiit Ih.ali happen to di« m 
 the life-time of the faid //"/// Lpjiu ^'.^U and truly pay or 
 caufc to be paid unto the faid IVin Lcnu his executors, 
 
 adminillrators or afllgns, the full fum of dollars, 
 
 within thice montlis next after fuch the deccafe of ih^ 
 £iid Jo/jn Bent, then, £ic. 
 
 To Pay Money on Marriage or Death, 
 
 The condition of this ob]i.c;ation is fuch, Thrft wherce 
 as the above named Caleb Boc^ hath fold unto the a* 
 boA'c bound Jbncr Jiaxur^ one cjold watch, he. for the 
 
 ium of , to be paid unto him the faid Caleb Dbc^ 
 
 his executors, adminiibators or afligns, at or upon the 
 day of marria|3;e, or hour of death of the faicf .Abv.cr 
 Baxter^ which ihall firil ha])|)en : If therefore the faid 
 Abncr Baxter, his heirs, executors, or adminiftrators, 
 do and nmll \\ ell and trul} pay or caufe to be paid unto 
 the faid Caleb Doe, his executors, adminillrators or 
 afligns, the fum of dollars, within six n7onths af- 
 ter the folemnization of the marriap;e of the faid ^!/^-, 
 ner Baxter^ or the time of the death of the faid Abncr 
 Baxter, which fliall firll liappen afier the date of the 
 above written bond or obli,^ation ; then, &:c.
 
 ^^ CONDITION. 
 
 To Indemnify an Executor on payment of a Legafy^ 
 
 The condition oftlvis obligalion is fiich, That \;here- 
 as Abel Backet^ by his lall will and teflaintnt, bearing 
 
 date the day ot" , did bequeath unto Caleb 
 
 Doe^ the fon of the above boundcn Conrad Doe^ a cer* 
 
 tain legacy of dollars. And whereas the faid Kz- 
 
 ra Feny st the recjucil of the liiid Conrad I) oe^ haiapaid 
 the ikid legacy unto him, for the ufe ana bentht of his 
 JiVid ion, who rs a minor, umier the age of t'v\ enty-one 
 years, if therefore tiie faid Conrad Doe^ his heirs, ex- 
 ecutors or ?;dtTiiniitraL<jrs5, ihirt.il cauic aod procure the 
 laid Caleb Dee, "Ciit fon, on his arrival at the age of 
 t\i cTitY-crie jcars, to relcafe tiie legacy aforciiiid ur.to 
 the iVici Ezra Fen, and lliall and do in the mean tirnGj 
 end at all times hereafter, vv'cll and fufficiently fave, de- 
 fend, keep harmiefs and indenirjify the faid Ezra Fen^ 
 his heir*, executors, and adH;iinilirators, aiKl his and 
 their p:Gods and chattels, lands and tenements, of and 
 from the faid legacy, and of and from all aclions, 
 fuitr>, payments, colls, charges and damages, for or by 
 reafon thereof; then, &c. 
 
 '^rom an intended IJushand to ha'ue a JV'ife all his 
 
 Eg t ate, 
 
 "Whereas a marriage is intended, by the permiiTlon of 
 God, to be had and iblemnifed by and between the a- 
 bove bound Samuel Slhn and Molly IFelsh, spinster^ 
 
 one of the daughters of .John JFchh, merchant, of , 
 
 and whereas in confidcration of the faid intended raar« 
 riage, and of aeon fiderable portion which the faid 5^- 
 fnucl Slim will have with the {ixvAIt folly Welsh ^ his in- 
 tended wife, he the faid Samuel Siim^ has agreed to 
 leave the faid Molly, at his death, ail fuch real and 
 perfonal eilate as he the faid Saniucl Slim, or any oth- 
 er in truil for him er for his pfe, fuall be feizred or
 
 CONDITION. 527 
 
 ^offcncd of, or as fliall belong to him the faid Sifi- 
 wild Slim^ at his deccaie, in cafe Ihe fliill hap- 
 pen to iurvivc \\\m. : Now the coiuiiuon ol' thii> obli- 
 gation is fiich, that if the laid marriage fhall take cillcl. 
 and be IblcmnHed, and the laid Samuel Sum ihali hapr 
 pen to depart this liic, leaving tlic laid j\IoUy rurvivini^ 
 him : then if the laid Samuci Slim either before or ac 
 the time of his death, fhall and do by fome deed or 
 deeds, or by his laR will and tellament in wriiing to be 
 by him duly exeeuted, well and fufticLently convey, af- 
 iure, devile and fettle, unto and to the ufc of the faicl 
 jMally^ her heirs, executors, adminillrators and afllgns, 
 all and every the real and perfonal ellates, which he the 
 laid Saviuel Slim^ at the time of his death, Ihall be any 
 ■ways feized, poUeiied of, intereftcd in, or intitled unto, 
 "without making any gift, dcvife or bequeit thereof, or 
 any part thereof, to any other perfon or perfons whom- 
 foever, (unlcfs it be by and with the confent of her the 
 faid Molly, the fame to be lignihed by writing under 
 her hand and feal, and attcllcd by two or more witnei- 
 fcs) ; fubjec\ neverthelcfs to the payment of all fuch in- 
 terclt and debts, as he Ihall owe at the time of hia- 
 death ; then, Sec, 
 
 For payment of an Annuity diirir^ ten Years, and a 
 Sum of Money at three separate Payments, 
 
 The condition of this obligation is fuch. That if the 
 above bounden Henry Sands, his heirs, executors or 
 adminiftrators, or any of them, do and Ihall yearly and 
 every year during the term often years, to be comput- 
 ed from the day of laft pall, before the diiy 
 
 of the date of the above written obligation, well and 
 truly p;iy or caufe to be paid unto ihe above named Jo' 
 scph fcnks, his executors, adminiftrators, or afiigus, 
 ttie annuity or clear yearly fum of dollars, by e.
 
 Si2S CONDITION. 
 
 ven and equal (juarterl)' payments, at or upon the four 
 moll iillial quarterly ckfvs of payment in the year, that 
 is to fay, the iirilciays of the months of Jaiuuuy, .April, 
 July and Ocl j'oer, and by even and equal quarterly 
 portions, the firll payment thereof to bcp^in and be 
 made on the uril day of Januar}', next enfuiug the day 
 of the date of the above written obligation, and aifo do 
 and Ihall well and truly pay or caufe to be paid unto the 
 faid Joseph Jcnks^ his executors, aclminillrators or af- 
 
 fi.a;ns, the fam of dollars, on the feveral days and 
 
 times hereinafter mentioned for payment thereof, that 
 
 is to fay, the fum of dollars, part thereof, on die 
 
 fuTi day of ; the fum of dollars, other part 
 
 thereof, on the firft day of then next fol!ovvi;',.[^, 
 
 and the fum of dollars, remainder of the faifl fum 
 
 of dollars, on the fail day of — — then next en- 
 
 fuing : then, &c. 
 
 To Pay Money SinarterJy. 
 
 The condition of this obligation is fuch. That if the 
 above bound Amos Bed: and Caleb Damp^ or either of 
 them, their or either of their heirs, executors or ad- 
 minifirators, do and (liall well and truly pay or caufe 
 to be paid to the above named Eiws Fisk^ his execu- 
 -tors, adminiilrators ^r alTigns, the full fum of dol- 
 lars, in manner foUovvins^, that is to fay, the fum of 
 • dollars, part thereof on the day o^ Decem- 
 ber next cnfuinj^ the date above written ; the fum of 
 
 ' dollars more thereof, on the day o^ March, 
 
 which fnall be in the year of our Lord ; the fum 
 
 of dollars, more thereof, on the day of June, 
 
 then next enfuino:, and ths fum of dollars more 
 
 thereof on the — ~ day of September then next follow- 
 ing ; and fo quarterly, and every quarter of a year, one 
 next and immediaieW enfuincr another, on every of the 
 ••^/darter days aforcfaid, the fum of dollars, uutil the
 
 CONDITION. 329 
 
 fill J fum of dollars fliall be in fucli manner fully 
 
 fatibiifd, conttntcd and paid ; then this obiij^auon to 
 be, void; butifdcfauit (liali be made in payment of the 
 
 fliid fimi of , or any pai t thereof, in manner afore- 
 
 fuid, then this obligation to remain in full foice. 
 
 To Indemnify Lessee on payment of Rent, 
 
 The condition of this obligation is fuch. That ^vhcre- 
 as the above named Amos Backfsh^ by indenture of 
 
 leafe, bearing date the day of , hath de- 
 
 mifed and to farm let unto the faid Caleb Doe^ ail that 
 mefluage, &.c. To hold the fame to the faid Caleb Doe^ 
 
 for the term of years, paying \ as in the 
 
 lease'] as in and by the faid indenture appears. And 
 whereas a certain Enoch Fisk^ claims title to the pre» 
 mifes aforefaid, with the appurtenances. If therefore 
 the faid Amos Backfish, fliall and do, from time to 
 time, indemnify the faid Caleb Doe^ his heirs, execu- 
 tors and adminiftrators, and his and their goods and 
 chattels, lands and tenements, of and from the claim 
 of the faid Enoch Fisk, and of and from all a6lions 
 fuits, payments, cofls, charges and damages, for or by 
 Tcafon thereof ; then, &:c. 
 
 To deliver a Watch, or pav the value thereof ad 
 the Charges of a Suit comtnenced for it. 
 
 Whereas the above bound Adam Appy received of 
 and from the above named Bion Becket, on the — — 
 
 day of laft, a gold watch with a tortoife-fbell cafe, 
 
 Ihidded or inlaid with gold, to mend or rectify the go- 
 ing of the faid watch, the faid watch being made by 
 and bought of the faid Adam App^ which faid watch 
 the faid Adam Appy hath not vet delivered to the faid
 
 S50 CONDITION. 
 
 Bton Becket. And wliereas the iakl JJwn Ihcht, liat^ 
 bi ought his a6lion agiiuiil the laic) yicunn App:;^ for- the 
 faid watch: Now the condition of this (biigation .is 
 fuch, that if the faid. ^^izwyi/?^, his executors, or admin- 
 
 illrators/, ihall and do on or before the 
 
 day of next, deliver or caufe to be delivered un- 
 to the faid Bion Beckett his executors, adminillrators or 
 alTio:ns, the faid gold watch, and the faid cafe oi- cover,, 
 in good repair and condition, and without aiiy huit,da- 
 jmage or fpoil thereof or thereto, free of all chari^es ancl 
 incumbrances ; and for his the faid Bion Becket''^ 
 charges about recovering the faid \\atch, if the faid A" 
 dam App^ his heirs, executors or adminiflrators, fl)all' 
 
 and do, on or before the day of — - next, pay or' 
 
 caufe to be paid, unto the faid Bicni Beckett hisexecu-' 
 
 tors, adminillrators or alilgns, the fum of dollars ; 
 
 then, kc. 
 
 Jj'or Payment of Mondy deposited hi a Person'' s IIands\ 
 pursuant to a IFilL 
 
 Whereas john MinX^ late of (brother of the 
 
 above bound David Minx, J by his laft will and tefla^ 
 
 aiient. bearini;- date the day of — — ^ did (after? 
 
 fome fewpecuniary legaciestherein mentionedjgive and 
 
 bequeath unto his fon Eli Minx^ the fum of dol- 
 
 lais, and to Jane Minx ^ his daug:htcr» and twj'in^ tli^ 
 
 like fum of dohars, and to his daughter and rwi^ 
 
 i)olly Minx, the like fum of dollars, and gave 
 
 'and bequeathed all the reft and refidue of I.is elkite 
 ■ivharfoever, to his wife Dorinda Minx^ and declared 
 jhis u ill to be, that the — — dollars, to the faid Eli 
 il/i«j^,and the — dolLirs,to each of his ftdd daughters, 
 iliould be fcverally depohted in the hands of his faid 
 brother David Minx, until fuch tinne as they Pnoulcf 
 i&e of the age of twenty: oue years, he allowing Jour
 
 CONDITION. 331 
 
 c^oUars per cent, per aim. lor the fame, by jrivlnp: bond 
 fo piaK'lp-il unci iiitcieil ni be hall o^ .!•::, ilikl cni'uicn, 
 tiieinttrt'it thercol to be paid to his f^id wife, lor tiie 
 fiipport and .Dciintcnance of hi;, faid childicn, i\\<d as 
 they each aitaincd the age of twcnty-onc ye:<rs, upon 
 
 tleniand, ihc then funi oi' dollats, prir.cipal, to be 
 
 paid to fach chikl, or provided one die, the lurvivinj^ 
 
 two Ihould divide the dcceafed's dollaib, ecpiaily, 
 
 and in cafe two fliould die, the fiirvivlng one, when of 
 
 ugc, flionkl have the ubolc dollars, and in caf*. all 
 
 jliould die before they attained the laid age :in(.\ his 
 vife ihould be furviving*, he did thereby declare it to 
 be his will, that his faid brother Dcrjid Minx, flioiskl 
 
 pay her dollars per annum, during her natural 
 
 life, after which the faid dollars, fl^jould be tlie 
 
 J property of his faid brother, and his heirs forever, un- 
 efs his faid brother ihould refufe to take the faid — 
 dollars, \myin^ four dollars per cent, per ann. for the 
 fame, as before required, and then upon fuch reful'al he 
 did by his faid will, order and appoii\t,' that the laid 
 ,.^ — dollars fliould be laid out in fome bank Hock, for 
 the ufesaforefaici, and the fnd Da'vid Minx. exehuU'd 
 all benefit that polTib^v could accrue, or ai ifc- from any 
 of his cftate whatf )ever, die advantage of n h"ich he 
 then leaves to the entire difpofal of his {Itid wife Do- 
 rhidd, :xud his faid brother Bai'id Minx," i.'xtciV.r\K. 
 and executor of his faid ^ ill dijiy proved, in the regif- 
 
 ter's office of div" eountv of , relation beip.p; iliere- 
 
 xii^to hid, w^ill more fully appear : And whereas the 
 fi\\<]Dori7nh Aftnx^the reli6>. and one of the ex* cutors 
 oflhcfdid Jobn M'nx, d^cer.ifcd, hath fnce irten-nar- 
 
 ri'-d >\ith one Jam^'s Cox of . And choreas the 
 
 faid Diivrd Minx, h-!^th a'j^reed to talcc into hi^ IkmuIs 
 
 thcfvd f'lm of dollars, dire<5\ed by tlv- fiid r«-eit- 
 
 ed '.vill ^obe dfpofited in his hands, -it inrereft as 'fore- 
 faid. upon the terms and condit'M"^ in thr faid ti cited 
 will mentioned, concerning the fame : And whereas
 
 532 CONDITION. 
 
 the idid David 3Ii fix, as one of the executors of the 
 fuicl reciteii will, huth received by and out ol" the laid 
 
 tellaiur'b eltdte, the ium oi dollars, and hath paid 
 
 thereout lor and on account of the faid ttftator's ellatc 
 in debts, legacies, and otherwife, the ium of dol- 
 lars, lb that there remains of the faid teitator's ellale m 
 
 his ha ds the fum of dollars, and no more, as by 
 
 an account this day Hated between the faid James Cox 
 and Dorinda his wife, and the faid JJaiid Minx, and 
 figned and allowed by the faid James Cox and Dorinda 
 his wife, appears : And whereas the faid James Cox, 
 and Dorinda his wife, have, on the day of the date of 
 the above written obligation, by and out of the faid tef- 
 tator's eftate, come to the hands of the faid Dorinda, 
 paid into the hands of the faid Da'uid Minx, the fum 
 
 of dollars, to make up the faid fum of dollars, 
 
 remaining in his hands on balance of the faid account, 
 
 the fum of dollars, directed by the faid recited 
 
 will, to be depolited in his hands as aforefaid, the re- 
 ceipt whereof he the faid Da^vidMnix, doth hereby ac- 
 knowledge. Now the condition of this obligation is 
 fuch, that if the faid Da^idMinx, his heirs, executors 
 or adminiftrators, do and fhall well and truly pay, or 
 caufe to be paid untethe faid Eli Minx, Jane Minx, 
 and Dolly Minx, or to the furvivor or farvivors of 
 
 them, the faid fum of dollars, fo depofited in his 
 
 hands as aforefaid, when and as they iliall rcfpeQively 
 attain the age of twenty-one years, in the proportions, 
 and according to the diredion of the faid recited will, 
 and alfo do and fhall in the mean time, and until they 
 fliall arrive at the faid age of twenty-one years, yearly 
 
 and every year on the day of , and the 
 
 day of in each year, well and truly pay, or caufe 
 
 to be paid, unto the {?aCiDorinda Cox, her executors or 
 adminiftrators, intereft after the rate of four dollars per 
 
 cent, per ann. for the faid fum of dollars, or fo 
 
 much thereof as Ihall from time to time be remaining
 
 CONDITION. 333 
 
 in his hands, and unpaid, unto the faid Eli Mhix^'Jane 
 Minx^ and ijolly Minx^ or the larx Ivors or I'urvivor 
 oi' ihcm, '.>r li" and in culc the laid Jili MinXy Jane 
 Minx^ and Dolly Minx^ ihall all of them happen to 
 die before they attain ihe faid age of twenty-one years, 
 and the laid Dorinda Cox Ihall them furvive,then if the 
 faid David JMuix^ his heirs, executors or adminiftra- 
 tors, do and fliall during the natural life of the faici Do- 
 rinda 6'ox,u'ell and truly pay,|Or caufe to be paid, unto 
 her the faid Dorinda Cox^ or her afllgns, the clear year- 
 ly payment of dollars, yearly and every ^ < ar, 
 
 for and during the term of her natural life, by even and 
 equal half yearly payments next and immediately cnfu- 
 ing each other ; the firft of the faid half yearlv pay- 
 ments to begin and be made at the expiration of iix 
 months next after the dcceafe of them the faid Eli 
 Minx^ Jane Minx and Dolly Minx^ under age as a- 
 Ibrcfaid ; then and in cither of the faid cafes, this obli- 
 gation to be void, or elfe to be and remain in full fore© 
 and virtue. 
 
 To Pay Money at the end of an Apprejiticcsbip or 
 
 Marriage. 
 
 The condition of the above obligation is fuch, That 
 U'hereas the above named John Loi.v, hath puthim- 
 
 felf apprentice to F/in Taws, of , with him to 
 
 dwell and ferve as his apprentice, from the day 
 
 of , unto the full end and term of five years from 
 
 thence next enfuing, and fully to be complete and 
 ended, as by the faid indenture of apprenticelhip may 
 more fully appear : And whereas the above named 
 Charles Rex, hath before the day of the date of the 
 above written bond or obligation, at fcveral times lent 
 to and diiburfed for the faid ./oi6w Zow, feveral fums 
 of money, amounting in the whole to^ the fum of ,
 
 ^54 CONDITIO TsT. 
 
 far which the faid Charles Rex is content to take hlS 
 bond or oblii^anoii, payable at the tx|:.iraticii of ihQ 
 apprcnticcPiiip of ihe ^aKX^fahn Loii\ or the day of mar- 
 riage of the lliid jfo/jn La-iv^ »v!th ALiry Fe^iv, of , 
 
 tvhich fhall fitil happen ; if diereibre the faid Jo/jn 
 jLov,)^ his heirs, executdrs, or adminiftrators, or any of 
 them, do and ihall Avcil and truly pay or c«uf-i to be 
 paid to the faid Cyharies Rc^^ h.is executors, adminiilra- 
 tors, ora^t^nsi, the full fum of , at the end or ex- 
 piration of the faid apprtniticcdiip of the faid john Lo%d 
 or term of five years above mentioned, or on the &df 
 ofmairiaj^e ofthefwid John Low, with the faid Mary 
 Pejv, which flial! iirft and next happen to be or come 
 lifter the date of thefe prefents ; then k^o,. 
 
 Aga'inst Claim of Doi\)er. 
 
 The condition of this obiicjation is fuch, That where- 
 as the above bonnden jlbcl BoycL hy indentute, under 
 
 liis hand and fc;'l,bearin£^ (kite tr.e — day of- ,hath 
 
 ^•ranted, barcrained and fold unto 'he above named Ca- 
 leb Dffc^ AD tiiat mefTua^e, &c. with the appurtenances^ 
 to hold the furip, to him, his liens and dfhii^ns forever, 
 as by the faid indeiitin-e, reiation bcjii.s: th.et ewnto had, 
 appears. If there fore the (aid Jbel Boyd, liis heirs, 
 executors, md avdrainiilrat^rs, (hall and do, from time 
 to time, iind at all times '-lereafter, vveil "ud fufficiendy 
 fave. defend, keep harrahfv;, and indemnifv, the faid 
 Caleb Dor, his heirp, executors nnd ndminillrafors, and 
 hii and t!->cir ^>:oods and ehattek, lands and tenements, 
 'of and .ffoni the dower or thirds, which FJiza Bovd^ 
 the wiff- [_or morbey. tfr] of the f -id Abd Boyd, fliall 
 or may claim in the prt-nvifes, and of ond from all acli- 
 ons, fnit<;. payments, coRs. charges and damages, For 
 or by reafon thereof ; then, &c.
 
 CONDITIO N. -3» 
 
 S'o permit a JVifc to li-oc sefjar ate from her IIusband4 
 
 *, 
 
 \Micreai. Jcuic App^ wife of the above bouvuicn A^ 
 ^ain App^ now lives fct :"ira'tc and apart from In r {iuc\ 
 • }]uibaii(i, and follows the hulmefa and and cmplo} n»enC 
 of making and felling hats^ and the f-iid Adqm App^ 
 hatli afi;it'cd thiir liis faid wife lli.Jl have and recci\e all 
 bencfii ariiinu: iherebv, or bv any uUu'r trade or bnii- 
 liefs which llie ma) think fit to follow, to and for her 
 own fcpa rate life and fiipi^ort, uhcreuiih he the faid A^ 
 dam Appy is r.ot to intermeddle, or have any profit and 
 advantii«rc thercironi, fo as tlie the faid Jarie App, tlotli 
 not, and lliall not contra6\ any debt or debts, for uhieh 
 the perfon oreiitt^ls of her lUid hufl)and Uijill or may 
 be fued, charpicd, or incumbered by any means v hate* 
 ver. Now the eonditioti of the above written oblig^^ 
 tion is fuch, 'I'hat if the fuul Adam App, do and ihall 
 from time to time, and all times, during the natural life 
 of the faid y^7?£' .^/;/;, permit and fiiflcr her the fakl 
 Juiw App^ to live fepanite and apart from him, and to 
 iiave and receive all pfofjt, benefit and advantage ariCr 
 ing, or which Ihall arilt from her faid trade or bufme{$ 
 of making and filling /jt.7.y, or any nth«r trade or bufi. 
 nefs which ihe ihall follow or employ herfelf in, to and 
 for her own ftparare ufe, fupport and maintenance, 
 without any ax:cttimt, fnit, tioubie or mokUation v, hat- 
 foever, and widiout aiSliuf^, doing Or caufmg, or per* 
 mitting to be done, any at^t, matter or thing whatfoe- 
 ver, whereby or wherewith, or by means or occafiort 
 whereof the laid JaneApp, Ihall or may be molellen 
 or incumbered, by any ways or means whalfoevcr* 
 Aul\ alfo, ifthe faid Adam App, his heirs, e>:eeutor3 
 Or iuhninillrators, cv his or their goods or chattels, 
 lands or ttriements, flial! at any time or times' hereaf- 
 ter be fued, attached or othcrw ife charged or incum'i)er ■ 
 ed, f.)r or by reafon or means of any debt or ('ebts. 
 \vhieh his fiid wife hr,th, or ilinll or may contrail. di»ea 
 Uudin eid^.er of the faid cafes, tbitj obligation iiiaU, £;c<
 
 536 CONDITION. 
 
 ForPayment of Money after a Persoiv^Dcath^ inpur- 
 suance of a Marriage Settlement. 
 
 The condition of this obligation is fiich, that if the 
 heirs, executors, or adminiftrators of the above bound 
 Abner Aivl, do and fhall within the fpace of lix calen- 
 dar months next alter his deceafe, w ell and truly pay, 
 or caufe to be paid to the above named Richard RoCy 
 and Stephen Stone, their executors, adminiftiaiors, or 
 
 afiigns, the full fum of dollars, upon the trulls, 
 
 and to and for the ulfes mentioned and exprelTed in a 
 certain indenture tripartite, bearing even date herev. ith, 
 and made or mentioned to be made, between the laid 
 Abner Awl ofthefirft part ; Naoniio Nunns of the fe* 
 cond part, and the laid Richard Roe and Stephen Stone^ 
 ow the third part, then, 8icc. 
 
 To pay Yearly to two Persons during their Lilies. 
 
 The condition of this obligation is fuch, That if the 
 above bound Abner Boyd^ his heirs, executors or admi- 
 niftrators, Iball well and truly pay or caufe to be paid to 
 the faid Caleb Doe and Eli Foulk, during their natu- 
 ral lives, and the life of the furvivor of them, the annu- 
 al or yearly fum of dollars, on the day of 
 
 in every year, the firft payment thereof to begin 
 
 on the day of next enfuing the date above 
 
 written ; then, &Ci 
 
 For Bond Mislaid or Lost, 
 
 The condition of this obligjationisfuch. That where«- 
 
 as the above named Abner Boyd, in and by a certain 
 
 obligation, bearing date on or about the day of 
 
 , became bound unto the above named Caleb Doe^ 
 
 in the fum of dollars, conditioned for the pay-
 
 CONDITIONe 837 
 
 ment of tloilars, uhich faic) obligation is finceloft 
 
 or niiliaid. .Vncl w hcrtab the faici .Jbricr I>i>y(i^\\i\Xh 
 
 I'ully r.iUsilctl and }xnrl iht- laiil rumoi , with its 
 
 intcrcll, due on the i'uid obligation, tlic receipt \\ hereof 
 the ("aid Caleb Doc^ duih hereby acknowledge, and 
 thereof, and tVom every part thereof, and all 'actions, 
 fu its and demands, concerning the fame, doth acquit, 
 and forever elifcharge the faid Culcb Doe, his heirs, ex- 
 ecutors and adminillrators, by theie pttfents. Ifthere- 
 forc the faid YV;/t^ DoCyWis heirs, executors anei ad* 
 niinlftrators, Ihaii and do deliver up the faid obliiiation, 
 when it lliail be found, to the faid Abncr Boyd, his 
 heirs, executors or adminillrators, to be cancelled ; and 
 until the fame Iliall fo be delivered up and cancelled, 
 fliall fave, defend, keep hnrmlefh, and indemnify the faid 
 Abncr Boyd, his heirs, executors and adminiflrators, 
 and his and their goods and chattels, lands and tene- 
 ments, of :jnd from the faid obligation, and of and froni 
 all actions, fuits, payments, costs, charges and damages, 
 for or by reafon thereof; then, &.c. 
 
 From a J\ faster^ that hi consideration, of Money paid 
 fj'tm^ he shall take an Apprentice and teach him his 
 Trade diiriug three years, and that the JpprenticQ 
 may leave him at the expiration of that term. 
 
 Whereas the above named Adam App^ hath at or be-» 
 fore the fealing and delivery hereof, paid unto the a- 
 bove bound Bennct Baum, xhc^uxw oi , the re- 
 ceipt whereof is hereby acknowledged. In confidera- 
 tion whereof the faid Bcunct Bauni^ hath agreed with 
 ihcfaid Adam A pp, to take his ion Caleb .'Ipp, as his 
 
 apprentice for the term of three years^ from the • 
 
 day of , and to teach him the art of , which 
 
 he now ufcth, and to provide him with all hecelVaries 
 during the faid term : Now therefore the condition of 
 tjie above obligation is fuch, that if the faid Bcnnst
 
 338 CONDITION. 
 
 Baum, do and lliall, during the faid term of three years, 
 teach and iiifirLicl the laid 'CaUb App, the ion, or caule 
 him to be taught and inftrucled, in his faid art and trade 
 
 of , which he now ufeth, by the bell means he 
 
 can ; and fliaii iikewife during the faid term find and 
 provide unto and for the faid Caleb App^ the fon, good 
 and fufTicient meat, drink, walLing, lodging, Avearing 
 apparel and odier necelVaries during the laid term, and 
 at the end and expiration of the faid three years, fully 
 permit and fuffer the faid Caleb Jpp, the apprentice, to 
 depart from and leave his foid fervice, according to the 
 true meaning of the faid parties and of thefe prefents ; 
 then, S^c. 
 
 'I>'or payment of Money by a person for the use of his 
 intended JF{fs, if she sur'oives, and if not^ to such 
 Uses as she should direct by Will. 
 
 \Nhtrt2iS Esther East, of , widoiv, now follow* 
 
 eth the trade of a — , at her hotife fituate in , 
 
 and is pofielfed of a ilock in money and goods and good 
 debts, over and above what will pay and fatisfy the 
 .bonds hereafter mentioned, and all other juft debts 
 
 v/hatfoever, to the amount or value of dollars and 
 
 upwards, of which the above bound Samuel Soames 
 is fully fatisfied, having lived with the fiud Esther East, 
 iis her clerk, ever fince flie carried on the faid trade, 
 and having lately taken an inventory of her ftock in 
 -trade, and an account of debts owing to and from her. 
 And W'hereas the faid Esther East, the better to enable 
 her to carry on her faid trade to advantage, borrowed 
 
 of the above named Charles Coles, the fum of 
 
 dollars; of George Groijes, of , the like fum of 
 
 dollars ; and oi Felix Foulk, of , the fum of 
 
 . •" • dollars, making together the fum of dollars? 
 
 fend the faid Samuel S^amss l-ecimie bound with ths
 
 CONDITION. 339 
 
 Taid Esther East, in three feveral bonds for payment 
 thereof rcfpec\ively, w hich faid bonds remain uiilatibfi- 
 cd. And uhtreas a marriage is intended, by God's 
 permilTion, to be Ihortl} had und folemnifcd by and be- 
 tween the faid Samuel Soamcs and Esther East ; and 
 the faid .Samuel Soarnes, in eafe the f.iid intended mar- 
 riage iliall take effcel, will have and re ceive with the 
 iaid Esther East hi marriage as her marriage portion, 
 
 the fail fum or vahie of dollars and upwards as 
 
 arorcfiid. Now the condition of this oblii^ation is fnch, 
 that if the fiid intended marriiige fliall take efi'e6t and 
 be confummated, and the faid Siimuel Soames, the in- 
 tended hufband, Ihall depart this life, in the life- time of 
 the faid Esther East, W\h intended wife. Then if the 
 heirs, executors, or adminiRrators of the ^ind Satnuel 
 Soames, within the fpace of fix months next after his 
 dcceafe, do and fhall well and truly pay. or caufc to be 
 paid unto the above named Charles Coles, his execu- 
 tors, admiiuflrators or aiTig'is, die full and juft fum of 
 
 dollars, without any dedn^lion, defalcation or 
 
 abatement whatfoever. In trull for die fole ufe and be- 
 nefit of the faid Esther East>,\\\s widow and rtli6t. But 
 if itjliall ulcafe God that the fiid Esther East fliall 
 depart this. life in the life-hme of the faid Samuel 
 SoafJies, that then if the faid Samuel Soames, his heirs, 
 executor'^' or adminillrators do and flinll, after the 
 deeeafe of the faid Esther East, without fraud or de- 
 lay-, well and truly pay or cnufe to be pnid unto fnch 
 perfon or perlbns his, her or their executors, admini- 
 flvators or afngns, to wliom the h\d, Esther East, tho' 
 Ji/feme covert, fliall liy any writing or deed pnrportins: 
 lier will, mind, or appointment under her hand and 
 fcnl in the prefcnce of two or more wihicfre«i, eive, be- 
 fjnrath, or difpofe of all, or any f-'hrt o-f the f ih1 fimi of 
 
 dollars beforementioncd tornidfor fuch u^'t.^ orufes, 
 
 intents and pnrpofes as in and by fuch wririn'g or deed 
 fliall be mentioned and e^iprciTcd, or intended accord-
 
 340 CONDI T I N. 
 
 ing to the true intent aiKi meaning thereof ; aiid alfo if 
 the laid SantUdl Souiues, his hcub, executors or admin- 
 ilbaiors, do <\u(\ lliail, piiy off and i'aHbty ihe laid three 
 fcvcrai bojidi, ioleverai.} entered into by liim, and the 
 field Ei>thcr East to riif lind Chiulcs Cotes ^ George 
 Groves, and Felix Foulk as aforefaid, and every of 
 them, and fave, i!eknd, ketp harniinlk and indemiiined 
 her the faid Esther East, hti exectito.s, adminiilra- 
 tors, donees and ieiijatees, and eveiy of them, of and 
 ii dm payment of the faid bonds, and every of thdii, 
 and every part of them, and every of them, and of and 
 from all coils, charges, damages, and expenfes, that 
 fhall or may happen or come to them, every or any of 
 them, for or by reafon or means of the nonpayri'-nt 
 of the faid bonds, of any of them, or any part of them, 
 or any of them, or by reafon of her the faid Esther 
 East having entered into the faid bonds as aforefaid ; 
 then, £;c. 
 
 To Ser'se in consideration of the Payment of a Debt* 
 
 Know all men by thefe prefents, that 1 Abjier Boyd^ 
 
 of , in confideration of the fum of , to me in 
 
 hand paid by John Poe^ of , esquire have bound 
 
 nayfelf, and by thefe prefents do bind myfelfa fervant 
 imto the faid John Poe, to ferve him the faid John Poe^ 
 his executors, adminillrators and affigns, for the fpace 
 
 of , months and — days, from the day of the 
 
 date hereof: And I do covenant to ferve the faid 
 John Pee, and his affij^ns faithfully during the faid 
 
 time: And further to ferve at the rate of dollars 
 
 per month, for all fuch monies as the faid John Poe 
 htth undertaken or (liall undertake and be obliged to 
 pay at my requefl, for me and on mv account, he the 
 faid ./o/jH /*«(?, finding and providing forme during 
 the faid time, in meat, drink, v asliinoj and accommo- 
 dationsj as is cuftopiary with fervarits. In wUncfs^&c.
 
 CONDITIO N. ^41 
 
 To Indemnify Sberijfon Attachment or Fieri Facias, 
 
 The Condition of this obligation is fuch. That 
 uhtreas a writ ol" attach nneiu [o/- Jicri Judas'^ has 
 lately iilucd out of the court of common pitas for the 
 
 county of , directed to the above named, C/6fl/'/fS' 
 
 JioCy Ihcrlfl'of the faid county, at the fuit of the laid 
 Timothy Poe^ agaiull IVcnrich Norton^ of the faid 
 <zvi\xwXy y yeoman : And whereas the faid Iherift' does 
 not certainly know wliat are the goods and chattels, or 
 effects, of the laid JFenrich JVorton. If therefore the 
 faid Timothy Poe^ his heirs, executors and aflmini lira- 
 tors, (]":all and do, from time to time, and at all times 
 hc.eafter, indemnify and favc harmlefs the laid Iberiff, 
 liis under- Iherif^", and all other his olHeers, and his and 
 their goods and chattels, land^and tenements, en ac- 
 count of his or their attaching, by the dire6^ion of him 
 the laid Timothy Poe^ and by force of the faid writ, 
 the goods and chattels of any perfon or perfons what- 
 foevt-r, fu]:)pofinp;them to be the goods and chattels of 
 the faid JFcjirich Norton ; then, &cc. 
 
 That the Heirs, ^c. of the intejided IF'shand shall pay 
 the intended Wife, a Sum of Money within — — 
 Months after the Husband^s decease^ if she suriji'ue 
 him. 
 
 Whereas a marriiigc is intended, by the permiflion 
 of God, fliortly to be liad and folemni frd by and be- 
 tween the above bound R''nn JFest and Dorcas Piney 
 of , [or daughter of 'is'c.'] And whereas in confe- 
 deration of the faid inter, ded marriage, ar.d ofaconfid- 
 erable portion which he the faid Rioti fFest, will have 
 and receive with the f:iid Dorcas Pine^ his intended 
 
 wife, \_or say, and of the sum of , which he the 
 
 said Rion IVest^ is to have and rccrii}e, for and as the 
 V^rria^e portion of the said Dorcas Pi/Wy'] he tho
 
 542 CONDITION. 
 
 faid R'lon fVest^ hatb agreed, that in cafe the fald mar- 
 riage iha!l take eiTc6\, and ihe the laid Dorcas Pine^ 
 iliaii ilirvive him tht laid Rion ITts', her intended hui- 
 band; that then fhc the faid Dorcas Fine, fliall have, 
 receive and be p:iic: (i>ut of ihe real and perfouai eftrite 
 
 of the faid Jiion frcst,) the ium of doiiursioi- iier 
 
 own proper Life and iiiaintenance : -Now 'he condition 
 of the r;b'jve written f>h igatio s is fuch, That if the faid 
 snnrr;a^-e ihad take eite6t and be folemnifed, and that 
 he the hid- Rion fFest, Ihall happen to depart this life, 
 leavint^ the faid Dorcas Pine, his intended wife, fiir- 
 viviirir hivn, [or say, and that the said Dorcas Pine^ 
 shall sur'siDe him the said Rion West^~\ then if the 
 heirs, executor's or adminiftrators of the faid Pi.ion 
 West, fliall and do wci|,and truly pay, or caufe to be 
 paid unto the faid Dorcas Pine, her executors, admin- 
 iftrators o^- alTigns, to and for her ow'n proper ufe, be- 
 nefit and maintenance, tlie faid fum of , 'Ont of 
 
 fuch lands, tenements, snoods, chattels, and other eilate 
 real and perfonal, wdiich he the faid Ri'in IVcst, or any 
 other in trnft for him or for his ufe, (hall be feized or 
 poiTelfed of, or which Ihall belong to him the faid Rion 
 West, at his deceafe, according to the true intent and 
 
 meaning hereof) within months next after the 
 
 deceafe ofhimtheAiid Py^ion West ; then, g^c. 
 
 To Indem?tify the Toivnshlp agamst a Bastard Child, 
 
 The condition of this obligation is fuch. That where^ 
 
 &s.Ann Bend, of , siv'^le ivoman^ is now' pregnant 
 
 with child, \or hath lately been' deliis ere d of a male 
 
 bastard child in the township of aforesaid,'\2L\\(\ 
 
 hath charp^cd the faid Caleb Dtichct with being the fa- 
 ther of the faid child. If tljerefore the faid Caleb Due- 
 nets fliall and do, from, time to. time, and - at all time? 
 liCFcafter, wcU and fufficiently fave, defeHd, keep harm-
 
 C O N D 1 T I O ^^ 84S 
 
 « 
 
 lefs and indemnify the Paid Enos Fend ^ml Giles Hull^ 
 and their fuccciibrs, ovcileers ofthe poor of the fiiid 
 
 townllnp. of , for the time being, and alfo all the 
 
 inhabitants of the faid townfliip, of and from all ci^pen^ 
 fcs, coils, charges and damages uhatfoever, whicli 
 ihall or may iicreafter happen, or accrue, for, or by 
 rcafon or means of tiie bn-th, maintenance, eclucation, 
 or bringing: up of the faid child, [or of such child or 
 children ivbcrcijoith the said Ann Bend noii} gecih,'] 
 and of and from all ac\ions, fnits, troubles, and de- 
 mands whatfoever, touching or concerning the fame ? 
 then, See. 
 
 N. B. The bond mun: be to the overfeers of the pooi? 
 of the towr.lliip, and their 'ucccUbrs, &.c. 
 
 tC7' Auomcm cannot Ic compelled to fubmit to an 
 «xaminaLion, till ihe ib deihered. Ld. Kaymoud 1368. 
 
 To pay a TFoman for the Support of an illegitimate 
 
 ChiUL 
 
 The condition of this obligation is fneh. That v herc- 
 ;as the faid Ann J)cnd, hath made oath before S/i?nncl 
 Jlec/i, elqnire, one of the julliccs of the peace for the 
 
 faid county of , that ihc above bounden Ci?/^^ 
 
 J)oe\ii the father of a wj/^ bulla rd child, of which (]i« 
 hath lately been delivered, and the faid Calel? Doe^ 
 hath thereupon agreed to afTiIl tlie faid Ann Bond, in the 
 fupport and maintcnanct ol the faid child : Now there- 
 fore if .the faid Caleb Doe^ his heirs, executors or ad- 
 miniilrators, fhall well and truly pay to the faid Ann 
 Bojid, her heirs, executors or admiriiflraturs, toward 
 the fupport and maintenance of the faid cliild the fum 
 
 of per week, IrTT each and every week, from the 
 
 ■ day of , dm-ini; the, term of feven years, if 
 
 the faid child iliall live fo loiijr ; they, &c.
 
 344 C O N J3 I T I O N. 
 
 ^0 Indemnify one Executor against the J [jpU cat ion of 
 Monies by the other. 
 
 Whereas Sally Stokes, formerly of the townfiTip of 
 in the county of , but late 'of , wirTt-U', 
 
 deceafed, by her laft will and tellament, in writing, 
 
 bearing date on or about tiie day of hffc, cid 
 
 give all the rcfidue of her peifonal ellate, alter payment 
 of her debts, and the legacies therein mentionccJ, unto 
 the faid Caleb Coles, and Nathan Nuts^ of — , \\\ the" 
 
 county of , clerk, in trull, to lay out the fame in 
 
 the purchafe of bank flock, and to pay the intercll 
 thereof to her daughter b>usari Cline, wife of the above 
 bound ^^777,'.? Cline, during her life, for her feparale 
 \ife,and after her deceafe, to divide the principal amongfl 
 the children and grand children of the faid Susan Cline^ 
 in fach proportions and at fuch times as the faid Susan 
 Ciine^owld by her laltwill appoint, and in default of 
 fuch appointment, to divide the bank Hock amongll all 
 the children of the faid Susan Cline, equally, fhare and 
 fliare alike, at the refpcclive times therein mentioned. 
 But in cafe aik-the ildd Susan Cline's children lliould 
 happen to die before any of them fhould become inti- 
 tied to their fliares thereof, by virtue of her lliid v,ill, 
 then the faid trnllces fliould transfer the fame nnto the 
 executors, adminiftrators or afligns of the faid Susa?i 
 Cl'ine ; and the faid teilatrix appointed her faid daugh- 
 ter Susan Cllne^ and the faid Caleb Coles, fole execu- 
 tors of her faid will, who hdve duly proved the fame ia 
 the regiller's office of the county of ,as relation be- 
 ing thereunto had, may appear : And whereas .the faid 
 teilatrix's whole eflate, at the time of her death, (ex- 
 clufive of her jewels, houfeho]<l goods, and wearing 
 apparel, given by her w ill to the faid Susan Cllne,) 
 
 confifled of dollars, in the capital or bank llock, at 
 
 per centum per annum, now reduced to per 
 
 centum per ainnim, transferable at the bank of , 
 
 and half a year's dividend then due thereon,' and fome
 
 CONDITION. 345 
 
 inoncv in her own ciillocly : And whereas tlie rriid Ca- 
 Li) Coics^ at the rcqueiiot die laid Janus Clinc^ and 
 
 Susan his wife, lojci out dollars, part ol the faid 
 
 aiiiiiulics, and oui cl the monies arilhig thereby, and 
 
 the liair year's dividend tiuc on the laid dollars 
 
 annnitie% as aloreiaid, hath dil'charged all the legacies 
 given t)y the laid tellatrix's will, which are now bcr-' 
 conit: due and payable, and remitted the reiiduc thcre- 
 
 oi, l3cini^ dollars, to the idid James Clinc and 
 
 Susan his wife, to difcharge the faid tellatrix's debts 
 and funeral expenks : And uhereas the faid James 
 Cline and Susan his wife, have not accounted lor the 
 money in the tellatrix's cuftody at her death, alledging 
 that the fame was given by thi: faid teilatrix, before her 
 death, to the laid Susan Cline y^ her daughter, in the 
 
 prefence of fcveral perfons ; nor for the dollars, 
 
 fo remitted to them by the faid Caleb Coles as aforefaid, 
 although the fame was more than fulHcient to pay the 
 faid tellatrix's debts and funeral expenfes : Now there- 
 fore the condition of the above written obligation is 
 fuch, that if the above bound James Cl'ine^ his heirs^ 
 executors or adminillrators, do and fliall from time to 
 time, and at all times hereafter, well and fufficiently 
 fave, defend, keep harmlefs and indemnified, him the 
 faid Caleb Coles, his heirs, executors and adminillra- 
 tors, and his and their goods, chattels, lands and tene- 
 ments, of and from all a6lions, fuits, coils, charges, da- 
 mages and expenfes whatfoever, which he, they or any 
 of them Ihall bear, pay, fuftain, or be put unto, for or 
 by reafon or means of the faid James Cline and Susatt 
 his wife, havhig applied and difpofcd of any part of the 
 pcrfonal eftatc of the faid teilatrix Sally Stokes, other- 
 ^vife than by her faid will is mentioned and declared, of 
 and concerning the fame, or for or by reafon or means 
 of his the fiiid Caleb Coles'* s having a6\ed as one of the 
 executors of the faid will, and intermeddled in the faid 
 teftatrix''s eftate, or in any wife relating thereto : then, 
 &c. '[44]
 
 Ue CONDITION. 
 
 i^rom a Grantor, wbo bad in the Deed described him* 
 self to be an Jleir at Law^ and oj'ivbicb doubt bad 
 arisen. 
 
 Whereas by indenture of leafe and releafe, the leafe 
 bearing date the day next belore the day of the date of 
 the releafe, and the faid releafe bearing even date with 
 thefe prefents, the faid releafe being tripartite, and 
 made or mentioned to be made between the faid Peter 
 ^lince, by the defcription of Peter Quince, coufin and 
 heir, and fole executor of the iaft will and tellament of 
 Jobn Evjalt, late of , in the county of , gen- 
 tleman, deceafed, of the firil part ; Ricbard Cone, of 
 
 • , broker, of the fecond part ; and the faid Bejija*- 
 
 •min Boal, and Ricbard Dean, of the third part ; 
 therem reciting, that by indentures of leafe and releafe, 
 
 tearing date refpcciively, the and days of- — , 
 
 and made between the faid Richard Cone, of , 
 
 iipholstirer, fon and heir at law, of John Cone, then 
 
 late of , barber, deceafed, of the one part ; and 
 
 the faid John Ewalt, of the other part ; the faid Rich- 
 
 urd Cone, in confideration of dollars therein 
 
 jnentioned, to be paid him by the faid John Ewalt, did 
 (grant and releafe unto the faid John E'^alt, and his 
 iieirs, the melfuage or tenement, and premifes therein-* 
 after mentioned, to be thereby releafed : To hold the 
 fame unto and to the only proper ufe and behoof of the 
 faid John Ewalt, his heirs and afligns forever ; fubje6l 
 to a provifo therein contained, for making void the 
 jfeme, on payment by the faid Ricbard Cone, to 
 the faid John Evjalt, his heirs or alTigns, of the faid 
 
 principal fum of dollars, with lawful intereft for 
 
 the fame, at the time therein mentioned ; and further 
 reciting, that the i^\iid John Ewalt, wasfince deceafed, 
 having duly made his laft w-ill and teftament in writing, 
 
 bearing date the day of , and appointed the 
 
 faid Peter ^lince, fole executor thereof, who had 
 d^uly proved thq faiii^ in th^ regiUcr's court for tlic
 
 C O N D I T I O KL S47 
 
 «/junty of ; and that by indentures of Icafe andre» 
 
 Icafe, bearing date rdpccljvfiy Uie and 
 
 davs of lalL and made between the faid Ricburd 
 
 Cone, of the one part ; and the laid BcnjiUntn Jjoaly 
 •jiWiX Richard Ik ail, of the other jxirt ; for the con- 
 iklerations in the fame indentures cxpreiVed, the faid 
 Jiichard Cont\ did grant, releafe, and convey the 
 inheritance and equity of redemption of the faid medu. 
 age or tenement and preniifes, fubjccl: to the faid mort- 
 gage, unto and to the ufe of the laid Benjatnin JJoal, 
 and B'lcbard Dean, their heirs, and aflijjjns fore. 
 
 ver, and that the fum of doUars, was then due to 
 
 the faid Peter ^lincc, as executor of the faid Jobji 
 Mwa/t, for principal money and intercll on the faid re- 
 cited mortgage. It is by the faid indenture of releafe 
 now reciting, vvitneiled, that in confideration of the funn 
 
 of dollars, therein mentioned to be paid by 
 
 the (liid Benjamin Boal and Richard Dean, to the 
 faid Peter Quince, at the defire, and by the direction 
 of the faid Richard Cone, in full of all principal mo- 
 jiey and interefl due on the laid recited mortgage^ and 
 of the fum of one dollar, therein alfo mentioned to 
 be paid by the faid Benjatsin Boa! and Riclnircl 
 Dean, to the faid Richard Cone, the faid Peter 
 ^/ince, fo far as regards the afiignmcsit of the faid 
 jTiort<^ag:e, but no further or otherwife, with rcfpccl tq 
 the faid Peter Quince, at the requeft and by the direc- 
 tion and a])pointment of the faid JRichard C'Mie, and 
 alfo the laid Richard Cone, did releafe and cor.ilrm uo* 
 to, and to the ufi of the faid Benjamin Doal and 
 Richard Dean, their heirs and aft'^ns forever, all that 
 toft or parcel of ground, melTiiage, or tenement, and 
 premifes with the appurtenances, lituate on , there- 
 in particularly dcfcribed, and all dieir cftate and inte- 
 refl: therein. And whereas a donbt havingf arifen, whe. 
 ther the faid Peter Quince, is the heir at law of the faid 
 John Evialt, dcceafed, he liiith tlicrcfore undcrtakcu^
 
 548 CONDITIO N. 
 
 and agreed to indemniiy the faid Benjaniin Boat. 
 2.i\d Richard Lean^ in iciped ihtreof in manner here- 
 inaittr mentioned. Now iheierore the condition of 
 the above written obligation is Inch, that if the' faid 
 Benjamin Boat aiul hi char a Dean, their heirs or af- 
 figns, Ihall and do, horn limc totimt, and at all times 
 forever hereafter, pe;'.(t dbi\ and quit tiy hold, poiftfs, 
 and enjoy the faid iiniiui'.ge oriei cnitnt, and premifes 
 Iiientioned and intended, m and by the faid i ceiled in- 
 dentures of leafe and reieafe, v.hich faid releide is of 
 even date herewith, to be releaied and conveyed unto^ 
 and to the ufe of the faid Benjamin Boal a^d Bick- 
 crd Dean, and their heirs as aforefaid, and every 
 part and parcel thereof, without any let, fuit, hindrance, 
 interruption, or denial whatfoever, of or by the Itiid 
 Peter Quince^ his heirs, executors, adminiftrators or 
 affigns, any or either of them, or any other perfon or 
 perfons whomfoever, lawfully claiming or to claim, by, 
 from, under or in truft for him, them, or any of them, 
 or by, from, or under the faid John Eivalt, deceafed ; 
 and that free and clear, and freely and clearly acquit- 
 ted, exonerated and difcharged, or other wife by the 
 faid Peter Quince, his heirs, executors or adminiflra- 
 tors, well and fufficiently faved, kept harmlefs and in. 
 demnificdof, fiom and againft all claims and demands 
 ii'hatfnever, of, fr(^m, or by any perfon or perfons law- 
 fully ciniming or to claim rhffaid premifes, or any part 
 thereof, or any eftate, right, title, trull or intereft there^ 
 in. or in any part thereof by, from, or under the faid 
 John £wahy deceafed j then, &:c. 
 
 fo perform an Order of Court for the Support of af» 
 illegitimate Child, 
 
 The condition of this obligation is fuch, That where- 
 as the faid Abel Beck ^ hath be^n adjudged by the court
 
 CONDITION, iua 
 
 of quarter fefllons for the county of , which was 
 
 bt\^an and holden at , on the day of — — 
 
 lall, to be the reputed father of a male bailaid child, 
 which was born of the body of the faid Ann Bolcn^ on 
 
 the da}' of lall pail ; and the court did tlicre- 
 
 upon order \_here insert the order of courts or the 
 substance thereof.^ Now therefore if the faid A- 
 bcl Beck, fliail well and truly comply w ith and per- 
 form the faid order, and accordingly pay unto tl.e laid 
 AnnBolen^ towards the fupport and maintenance of the 
 
 faid child, the fum of , \_as th^ order may be"] ; 
 
 then, 8<.c. 
 
 From an intended Husband to the Trustees of his in* 
 tended IFife^ to p^y them a sum of Money to be ap- 
 plied to her support and maintenance^ in case of ne^ 
 cessity by losses in trade^ ^c. 
 
 \Vhereas a marriage is intended to be had and con* 
 fummated, by the ])crraiflion of God, between tliC a- 
 bove bound John Ilume^ arid Kitty Doe, [daughtcry 
 niece ^ ^c.'\ of ihe above mentioned Enoch Doe. And 
 whereas the faid Enoch Doe, in confideration thereof^ 
 
 has agreed to pay the faid John Hunie^ dollars, on 
 
 the day of the faid marriage, in part of the marriage 
 portion with the faid Kitty Z)ci^,. and alfo to enter into 
 and execute unto the faid John Hume^ one bond or 
 obligation of equal date herewith, in the penal fum of 
 
 • dollars for the fecuiing the payment of the faid 
 
 fura of dollars, with interefl, in months from 
 
 the date of the faid bond, which faid dollars, and 
 
 dollars, is to be in full of the faid marriage por- 
 tion of the faid Kitty Doe. And whereas in confidera- 
 tion of the faid marriage and portion, and to provide a 
 compet-ent maintenance for the faid Kitty Doe, in cafe 
 of ioffes in trade^ or other misfortunes, during the faid
 
 ^50 .CONDITION. 
 
 intended coverture ; and in cafe the faid jLitfy Doc fhall 
 furvive tlie fiid John Unme^ and be not by iiim at his 
 deccafe odicrwile better provided for, and that Ihe 
 fliail not be deftitute of a ncceliaiy fubhllence iji any 
 fuch cafes, he the faid '[)ohn liuvu, has agreed to fe- 
 cure to the faid Kitty Doc, notvvithilanding fneh co\ er- 
 
 ture or furvivorlhip, the funi of dollars ; ana for 
 
 that purpofe to veil and pay the fame into the hands of 
 the laid Enocb Doe, and Giles Hunt, m trull, to and 
 for her fcparate ufe and behoof. Now therefore the 
 condition of the above written obligation is fuch, that 
 if vhe fnid marriage Ihall take citeCl, and the faid Jobn 
 Uume^ his heirs, executors or adm'n.iitrators, or fonie 
 of them, fliall and do well ^w(\ truly pay, or caufe to be 
 |>aid to the faid Enoch Doe and Giles Hunt^ or the fur- 
 vivor of them, or to the executor.-s or adminillrators of 
 
 fuch furvivor, the faid fum of dollars, on the day 
 
 next after th^ laid marrias^c fliall be confummated,toand 
 for the only proper and feparate ufe and behoof of tho 
 faid Kitty Doc, her executors, adminillrators and af- 
 ltgns» notv/ithflanding the faid coverture j then, kc. 
 
 On a Person's being chosen Treasursr of a Company. 
 
 Whereas the above bound John Jones, is chofeii 
 
 treafurer of the company of — , by reafon whereof, 
 
 iie will receive into his cuftcdy divers and feveral fums 
 of money, goods and chattels; of and belonging to the 
 faid company i Now the condition of the above writ- 
 ten obligation is fuch, that if the faid John Jones, his 
 executors, or admini{lrators,atthe end of his Hud office, 
 or upon requeft to him or them in that behalf to 
 be made, \\\^\\ make, and p^ive unto fuch auditor 
 or auditors as on that behalf flrall be appointed by 
 the faid company, or the greater part of them, a juff 
 and true^accouat, ia writing, of all fucbgoodSj chattels.
 
 CONDITION, 551 
 
 •ioney or otlicr things, as have or fliall, during hi s aid 
 appointment, come to iiib hands, cullody or charj^e, in 
 right ol hib laid office of treat urer, ana ftiall upon ihc 
 laid account, pay and deliver over to the next treafu* 
 rer of the ILitl company, all fuch money, goods, ( luit- 
 tels and moveables, as by the foot or bah. nee of tiio 
 nrid account lliall appear to be due and belonging to th® 
 laid company ; then, &c.c. 
 
 ICT The obligees are ufually tiie two oldeft members* 
 
 To pay a Person vj ho shall help another to a JVifd 
 ivith a good J'oi lunc 
 
 Whereas the above named Bion Beam^ hath propo* 
 fed a marriage between the ubove bound .'iZ?t7 App, and 
 Ms t her lulesy which the faid Abel App^ doth approve 
 of, and hath dehred the faid Bion Btcjin, to ufe his in- 
 terell and endeavors for efic6\ing rhe faid intended mar* 
 riage, and in conlideration of his pains and fervice 
 therein, the faid Abel App^ hath promifed and doth 
 hereby agree to pay and i>;ive to the laid Bion Beam^ 
 as a gratuity, the fum of Jive dollars, for and upon eve- 
 ry hundred dollars of the eftate or fortune ot the laid 
 Msthcr Edes^ which the faid Abel App fliall receive 
 with, or Ihall be inlitltd unto by his marriage of the 
 faid Esther Ldes^ w hen the fame ftiall be cor.fummat- 
 ed. Now the condition of the above written obliga- 
 tion is fuch, that if the faid marriage between the laid 
 Abel App, and the faid Esther Edcs, lliall take efled, 
 then if the h\(\ Abel App, do and ihall well and truly 
 pay, or caufe to be paid, unto the faid Bion Beam, the 
 laid fum of^^^yd" dollars for and upon every hundred dol- 
 lars of the ellate or fortune of the faid Esther Edes^ 
 which he the faid Abel App^ fiiall fo have and receive 
 with, or be irititled unto, by fuch his marriage of the 
 faid Ivsther Edes, as a gri'.tui'y as aforefaid, arcordiiig 
 to the true meaning of thefe prefeuts \ then, 8n.c,.
 
 352 CONDITIO N. 
 
 For a Journeyman' s FideHtyi 
 
 The condition of the above obligation is fiich, That 
 if the above bound Jacob JVeb^ do and fliail durin.g his 
 continuance in the phice and degree of a jouineyman, 
 to them the (aid Iknry Hack, and John Jones^ caremiiy 
 and diligently employ himfelf, and ufe his bell endea- 
 vors in the laid office and degree, and do once every 
 week weekly (or oftener if thereto required) during his 
 continuance therein, make up and give unto them the 
 faid Henry Hack and John Jones, their executors, ad- 
 miniftrators or affigns, a true, juft and perfe6l account 
 in writing, at the melTuuge or tenement of them the 
 
 faid Henry Hack and John Jones, fituate in afore- 
 
 faid, of all Inch fum and fams of money, goods and 
 commodities, of or belonging to them the faid Henry 
 Hack and John Jones, which by any ways or means 
 whatfoever, fliall come to the hands, charge, cuftody, 
 or poirefiion of him the Md Jacob JFeb, and like wife do 
 and ihai! from week to week on the Monday in every 
 •week, weekly, or oftener if thereto required, at the 
 place aforelaid, fatisfy and pay unto them the faid 
 Henry Hach and John Jones, their executors, admini- 
 •Rrators or afiigns, ail fnch fum and fums of money due 
 or any ways belonging unto them the faid Henry Hack 
 and John Jones, their executors, adminiftrators or af- 
 figns, v.-hich he the faid Jacnb^ IVcb Ihall have received 
 of any perfon or perfons whomfoever ; and further, if 
 the faid Jacob Web, Ihall not depart from the fervice of 
 them the faid Henry Hack and John Jones, their exe- 
 cutors, adminiftrators or affigns, before fuch payment 
 and fatisfoaion iliail be made and given by him the 
 faid Jacoh Jfeb, unto them the faicl Henry Hack and 
 John Jones, their executors, adminiftrators or affigns, 
 of all fuch goods, arrearages, debts, fum and fums of 
 money in which he the faid Jacob JVeb fball be found 
 to be' indebted unto them the faid Henry Hack and 
 John Jones, their executors, adminiftrators, or affigns, 
 ©rany of them ; then, Sf.c,
 
 CONDITION. as^ 
 
 To marry a JFoman^ or in default thereof to pay a 
 sum of Money, 
 
 The condition of the above obligation is fuch, ThaC 
 if trie ab:)ve bounden Amos Btlt, do on or bcibrc the 
 
 day of next, lawliiiiy efpoufe and marry A'-* 
 
 I'lza Doe, diiii^hter of tnc faid iAiLeb Doe^ if the faid 
 Jll'iza D yj wiil th^'-rjuMto coifent ; or if it (hall happen 
 that the fciid Amns Ilcli \\\x\\ n;)t marry and take to wife 
 the faid Eliza Doe as aforefaid, if then the faid Abel 
 i?t^//' do and Ih^ili '.veil and truly pay, or canfe to be 
 paid, unto th'. 1-iid Eliz i D(n\ h.- executors, admin- 
 
 iftrators or ani|j;ns, the fum u'i dollars on the 
 
 day of noLi enfuini^ the faid day of « 
 
 above mentioned, and limited for ttie faid marriage ^ 
 then, Sec. 
 
 ^0 permit an intended Wife to enjoy ber onvn personai 
 estate^ and to buy and sell Goods ^ i^c.for her use^^c. 
 
 W^iereas a marriage is intended, by the permiiTion 
 of God, to be Ihortiy had and confummated bv and bcsjk 
 twecn the above bound Ab:-l Hoiv, and Betsy Ott„ 
 
 dauc^hter of iSjw/Zc.'/ 0/^, of . Now the conditioa 
 
 of the above written obligation is fuch, that in cafe the 
 faid intended marriage fliall take effect, then if the faid. 
 Abel Hoiv, lliall and do from time to time, and at all 
 times then after, permit the faid Betsy Ott^ his intend* 
 ed wife, peaceably and quietly to have, hold, occupy^ 
 poffcfs and enjoy in at full and ample manner, as flic th© 
 faid Betsy Oft now, or at any time before the execut- 
 inijj hereof, hath or doth hold, occupy, poflefs, enjoy, 
 and difpofe, as well of all her the faid Betsy Oft^s rea** 
 dy monies, bor .Is, notes and all other fecuritics for mo^ 
 ncy whatfoever, as alfo all her plate, rings, jewels, 
 Ijoufehold, and all other her goods, dUaUels i^n<^ V^^i% 
 
 [45]
 
 354 CONDITION. 
 
 nal eftate t\'hatfoever, and of what nature and kind fo- 
 ever, whereof or wherein Ihe the faid Betsy Ott^ now 
 is, or at any tune during the intended coverture, lliall 
 in her own right be a6lually pofieifed of, interciled in, 
 or intided unto, or v/hich Ihe Ihali have or accumulate 
 by trade or indullry, or which fliall by any of her re- 
 lations or friends be given or devifed to her ; and alfo 
 tlo and Oiall allow, permit and fuiTer her the faid^^;^^ 
 Ott^ to buy, fell, bargain, pay and receive in her own 
 name, and, if occafion requires, fhall allow and confirm 
 all fuch receipts and acquittances, as fhe the faid Betsy 
 Ott^ fliall give or make during her faid intended co- 
 verture ; and alfo if the faid Abel How, do and fliall at 
 tall times hereafter allows permit and fuffcr her the faid 
 JBetsy Qtt, to fell anddifpofe of all and lingular her ef- 
 fects, goods, chattels and perfonal eilate, of what na- 
 ture or kind foever and wherefoever, by any deed or 
 "ivriting, or by her laft will and tellament in writing, to 
 «ny perfon or perfons whomfoever, notwithftanding her 
 Intended coverture ; and alfo if the faid Abel How, 
 ihall not do, or caufe to be done, any at!, matter or 
 thing, whatfoever, whereby or b}* means whereof the 
 faid perfonal eflate of her the faid Betsy Ott, or any 
 part thereof, fliall or may be any ways impeached, 
 charged or incumbered in an}'^ manner howfoever, or 
 •ivhereby or by means whereof the faid Betsy Ott, fliall 
 or may be in any wife hindered or molefted in the qui- 
 et and peaceable poflefiion and enjoyment thereof, or in 
 the quiet vending and difpofing thereof, and of every 
 part thereof, by fuch her deed, writing, or will, as a- 
 forefaid ; then and in fuch cafe the above written obli- 
 gatien Ihall be void and of no effe^, othcrwife, &c. 
 
 m
 
 ipONDITION. 5^^ 
 
 Conditions^ of Sale, 
 
 I. That the highcll bidder fhall be the buyer : and 
 if any dlfpute arile as to the lall or bell bidder, the lot 
 in dilpute lliall be put up at a former bidding. 
 
 IL That no perfon fliall advance lefs at any bidding 
 than — [or than sucbsiuu as shall be named by the auc- 
 tioneer at the timc'j or retract hii, or her bicWins^.j- 
 
 III. That every purchafer fliall immediately pay 
 
 down a depofite in the proportion of for e\ ery 
 
 €Tie hundred pounds ^oi his or her purchafe-money, into 
 the hands of the auctioneer^ [or, agent of the vendor ;~\ 
 and r:gn an agreement for payment of the remainder to 
 
 the p oprietor, on the day of day of ■ next, 
 
 at , at which time and place the purchafes are to 
 
 be. completed, and the refpedHve purchafers are then 
 to h.ive the aclual pofleffion of their refpc6live lots ; 
 all outgoings to that time being cleared by the vendor. 
 
 IV. That within from the day of the fale, the 
 
 vendor fliall, at his own expenfc, prepare and deliver 
 
 * If printed conditions are pasted up in tl\e auction room,Mhcre 
 they muy be seen, tiicy will be biuciiiit^- on the purcluiser, although 
 he did not see them. 3-A.-/.'. Ca. 271. 
 
 t A bidding sit a sale by auction, liuiy bd countermanded at any- 
 time before the lot is actually knocked down : (o Term 7.'r/..l48,^ 
 because the assent of both parties is uecessary to make the con- 
 tract biudinj^ ; that is signified en th.e part of the seller, by knock- 
 iiit^ down the hamnicv. Every bidding is nothing more th iii au 
 ofteron one side, which is not binding on either side till it is as- 
 sented to. If a bidding was binding on the bitlder, before the iiatn- 
 meris down, he woidd be bound by his ofier, and the vcndoi* 
 ^vould not, which can never be allowed. 'Tis therefore advi.-^.. olo 
 to stipulate in the conditions of sale, that no person shall iciract 
 their biciditigs, as the countermand of a bidding niiglit in som© 
 c-iscs, be of die roost serious consequeuces. '^'t iSu^dcny 25.
 
 55(5 CONDITION. 
 
 an iibftraSt of hi:, title, to each purchafer, or his or her 
 attorney ; And ihall deduct: a good title* to the lots fold. 
 
 V. That upon payment of the remainder of tlic pur- 
 chafe money at the tmie above mentioned,' tlie vendor 
 ihall convt ) the lots lo the reTpt c'tive put chafers : t iich 
 purchafcr^cU his or her on n exptnfc, to prepare the eon- 
 v^yj.ice to him or her ; and to tender or iedve the Inm© 
 at for execution by the vendor. 
 
 VI. That if any of ttie purehrviers ll-iall negV^ or 
 fail to comply with the above conditions, his <ii her de- 
 polite'-money flial: be y6luiiliy"foifeited to the vendor, 
 ivho fhall be at full liberty 'to re-iell the lot or lots 
 bought by him or her, either by ])ublic aiiCiion, orpri-, 
 vate conti aft ; and the deficiency (if any) occafioned by 
 fuch fecond fale, together ^\ith all cxpenfes attending 
 the fame, fliall immediately after the fame fale, be ma<le 
 good to the vendor by the defaulter,! at this prefent 
 fale : and in cafe of the non-payment of the fr^me, the 
 whole thereof fliali be recoverable by the vendor, as 
 and for liquidated damages. 
 
 LaftiV. That if any miftakebe msde in the defcrip- 
 tion of thepremifes, or any other error vhatever ll'sU 
 appear in the particulars of the eftate, fuch miftake or 
 error fliall not annul the fale ; but a compenfittion or 
 equivalent, fliall bt given or taken, as the cafeinay re- 
 quire. 
 
 * Where tlie estate is leasehold, and the ver.dor cannot produce 
 the ^cr^cr'^ 'i'!e-, this condition should no on thns : '»tothe lease 
 granted of the pren-iises; bur the purchaser shall not be entitled 
 to requirei or c-.'Ji for the title cf tlie lessor." 
 
 t This condition ehould never be omitted — it forms alien on the 
 «sti-te ioi the purchase n.oney, Sec. and if t'^.e purchaser do not 
 comply with the coruitions, the vendor may, by virtue of this sti- 
 puh.tion, re-sell the estate, and recover the deficiency and charges 
 from the purchtser : And if the money produced by the second 
 rale exceed the original purchuse money, the purchaser who has 
 violated the ayreement will not be entitled to the surplus ; but th<* 
 
 ^enUor himself ^vill be eatitlea to i-etitia ij^ ^ii^^dc?i, 2,^
 
 CONDITION. 35^ 
 
 Condition to be inserted vjbere the Title-deeds cannot 
 be dclhcred up' 
 
 That as the title-deeds which concern this eflate, 
 relate to uthcr cfltites ol" greater vakie, the vendor iliall 
 retain tlic lame in his cuJtody, and enter intoth« ulual 
 covenants (to bt prepared by his attor,ney and at his 
 expenfe) lor the produClion of them to the rcfpeclive 
 pnrchalei 6 : but ail attelled copies which may be re- 
 quired ol luch deeds, Ihall be iiad and made at the 
 expenfe of ilie peribn requiring the fame. 
 
 JFhere an estate is intended to be sold in lots^ and the. 
 
 tule-accas are to be de/iDered up, t/je/ui/u\vi?ig con^ 
 ■ ditiun may be inserted : 
 
 Tnal as tlieaibrefaidlots are holden under the fan\e 
 title, tne puachafer of tiiehirgeft of the faid lots fliall 
 have the cullod} ol the title-deeds, upon his e.Uering 
 iiuo tiie ufual covenants for tne production thereof to 
 the purclialeroi purchafers of the remaining or other 
 of tlic faid lots : fuch covenants to be prei)ared by and 
 at tne expenfe of the perfon or perfons requiring the 
 fame ; v. ho may have attelled copies of fuch deeds, at 
 his, ucr, or their own expenfe. 
 
 JVbere the property is considerable, it may be ad'uisen^ 
 able to make a stipulation as fo the expense of the 
 attested copies, according tn the liulue of the lots, 
 Ai for instance : 
 
 That all attelled conies of the title -deeds (liall be 
 made and dclivere(j at the expenfe of the pcrfcn re- 
 qutiring the fame, unlefs his or her purchafe-money 
 
 exceeds , but does not amount to , in uhich 
 
 eafe the vendor ihall furnifli the attefted copies of all 
 fuch deeds and writings as Ihall be deemed necelTary, 
 according to profefiional ufage, at the joint expenfe of 
 him and "the purehafer ; and if thepurchafc-moncy ex- 
 ceeds the vendor Ihall furniih the fame lU his 
 
 •wu expenfe^
 
 55i§ C O N D I T I O Nt 
 
 tcT' Where it is underflood, at the time df a fale, 
 that the vendor has ou-y a aoubtful title, a provifioiial 
 claiiie, CO the ioiloxyin;^- effect, ni;ji;Ut be inlcrted lu the 
 conditions of idle, and articicb of |mrchale : *' 'Ihi-it if 
 the couiirel of the pureiiifci ihali, on the exaiuiuati- 
 ou of Uic laic, be of opinion, that a good tjtie and con- 
 veyance c 1! vf :,.aade of the purchafed premifes, 
 •withiti the iiiw: tinii ed by the articles tor the carry- 
 ing the fame into execution, in ihat cafe th,* fume ar- 
 tic'cs Ihaii b-- difcharged, and not further proceeded 
 in Oil either fide.'* 
 
 It feems advifeable to have two fets of conditi- 
 ons ; at the end of one of which may be printed an 
 agreement for the aut\ioneer, or agent of the vendor 
 to iign ; and at the end of the other may be printed an 
 agreement for the purchafer to fign — thus : 
 
 Tbe agreement to be signed by the auctioneer or agent 
 of the 'oendor, may be thus : 
 
 I do hereby acknowledge that Abel Blotiy has been 
 
 this day declared the purchafer of lot , of the ef- 
 
 tatcs mentioned in the above written particulars, at the 
 
 ium of ; and that he has paid into my hands 
 
 as a depofite, and in part payment of the faid purchafe 
 money ; and I do hereby agree, that the vendor fliall, 
 in all refpe6ls, fulfil, on his p.irt, the above written 
 
 conditions of fale. As witnefs mv hand, this day 
 
 cf . 
 
 Purchafe- money % 
 Depofite- money g 
 
 Jlemainder unpaid % 
 
 Wituefs,
 
 CONDITION. esa 
 
 The purchaser ffhiy sign thefoiioiving agreement : 
 
 I do iKjreby acknowledge, that 1 have this day pur* 
 
 chaf-^d by public auction, lot oi" ihe cilatts inenti* 
 
 OIK d in the above v\ritten particulars, for the ium of 
 
 ; and have paid huo the hands of , the fuiu 
 
 of , as a depolite, and in part payment of th. faid 
 
 purchafe money ; and 1 do hereby agree to pay the 
 remair.ing fum of , unto , ..; , on or be- 
 fore the day of ; and in all other !cfpe6\s, oa 
 
 •my part, to fulfil the above written conditions of fale, 
 j6iS vvitnefs my hand, this ,. — day of 
 
 Purchafe-money g 
 Dcpofite-nigney S 
 
 Remainder unpaid S 
 Witnefs, 
 
 ICT" It is generally undcrftood, that fomeperPon will 
 bid on the part of the owner ; and it therefore Items to 
 deferve confideration, whether it would not, in moll 
 cafes, be advifeable to give public notice of the owner's 
 intention, previoufly to the fale. \\ here public notice is 
 given, the mode leaft liuble to objt6iioii feems to be 
 that of referving a bidding, or ftipulating in the condi- 
 tions of fale, that the owner may bid once in the 
 eourfeofthe fale. It may here, however, be proper to 
 obferve, that buying in aMedare, cfpeciallv where it is 
 done without public notice, moilly prejudices a future 
 fale. See Sugden 19. 
 
 It frequently happens that eftates advertifed to be fold 
 by aucflion, are fold by pri\ate contra6\, inftead of be- 
 ing brought to the h:\mmer, and rhe fale is not announ- 
 ced to the public till the- dijy fixed for the auction, and" 
 ^>ven fometimcsi not till the liu^lioneci 's appearance iu
 
 560 C O V E NAN T. ■ 
 
 his pulpit. Such aproceedini^ evidtBtl}'- calls for onie 
 rcraedy ; and it is coiiccivca, that w ere any perlbii 
 having a bona fide intention to buy the eftate', -has been 
 put to e:?tpenie in attending at the place appointeti lor 
 the Tale, he may fuilain <xvi a6\ioa for damages agairill 
 the vendor, or againil the auctioneer, if he rel'uie to dif.^ 
 clofe the naniv:: of his principal ; for notice of an intend- 
 ed fale by auclion, feems to be a contracl with all the 
 world, and, if fo, the owner cannot countermand the 
 liile, and fell by private contract. 
 
 To prevent this quellion arifing, it flioukl be ftated 
 in the advertifements, that the eftate wili be fold by auc- 
 tion at the place and time fixed upon, unlefs prevjoufiy 
 fold by private contrail ; in which cafe notice of the 
 fale Ihall be immediately given to the public. See 
 Burden 20; 
 
 Col)euant 
 
 A Deed of CoTi en ants bctioeen a Debtor ond^j'is Credi- 
 tors^ vjbereby he assigtis oner all J/is estate fbciii^ 
 all personal J to t-roo of thcm^ in trust for themsehes 
 and the other Creditors^ in order to be distributed 
 among them according to the quantum of their debtSy 
 to Sa'oe taking out a commission of bankruptcy. 
 
 This indenture, made the da}"" of , between 
 
 Adam App, of of the one part,nnd Bion Bell zx\(X 
 
 Caleb Cain, of— — (two of the creditors of the faid 
 Adam App, as well for and in behalf of themfclves, as 
 of all other the creditors of the faid Adam App, who 
 liiave hereunto fu bfcribed and fet their hands and feals)
 
 COVENANT. «61 
 
 r,r the other part. Whereat the i^d'id .4 dam App is 
 «nd iUndeth indebted, and doth owe unto tlie laid B.otk 
 Hell and Caleb Cairiy, and othtr his lliid creditors, the 
 feveral debts and funis of money in the iehedule here- 
 under written, :intit^cdthe firll iehedule) particularly 
 mentioned, w-hich he is not at prelent capable to pay 
 and latisfy : And whereas the laid Mam App^ 
 being willing and ddirous to jniy and fatikfy the laid 
 Bioii Bell iiixd Caleb Cam, and other his faid ci editors, 
 their laid relpedive debt>.,ib far as his houfchold goods, 
 credits, and other pcilbnal ellute will amount unto and 
 extend, did in order thereunto, at a meeting of his faid 
 
 credito'*-, on the day of iiis(a7it, produce and 
 
 Inv before them ;i jull and true account of all his goods, 
 chattels and credits, amd other perfonal elhite whereof 
 he was then poifelfed, or any ways intitled unto, and 
 then propofed to make an allignnR-nL thereof, uino and 
 amoni;(l his faid creditors, for and towavdi payment 
 and fatisfa^lion of their faid debts, which laid account 
 is in the other fchedule hereunto underwritten, (inti- 
 tled the fccond fchcdulc) particulur-ly mentioned .md 
 exprelfed ; and as to the truth and reality of the faid ac- 
 count, the l\ud*Jdnm App hath before the executing 
 hereof, made an aflidavit before , one of the jud- 
 ges of the court of common pleas for the county of 
 
 , whercupou the faid feveral creditors having con- 
 
 fidered the circumllances and condition of the faid 
 Adam App, and from his free confcflion and full dif- 
 covcry of his fiid perfonal eilate and eff.iSls, and his 
 rcadinefs to make over the fame towards payment of 
 his faid debts, and that he is no ways capable to mike 
 or give them anv farther or blotter fatisfa6\ion and paV" 
 mcnt, thAU by and with the faid houfehold goods, cre- 
 dits, tnd other the perfonal eft ate of the faid Adam Appt 
 in the faid fecond fchedule mentioned, thev have con- 
 fcnted and agreed to accept and take an alTi«:nrir'" of 
 the fame in the naixies of the faid J^iou Bell and Calclf 
 
 [40]
 
 $62 COVENANT. 
 
 Cain^ intruflas v.cll for themfelves as for all other the 
 creditors of the faid Adam ylpp^ in full payment, fatis- 
 ia^iion and dilcharge of the faic. feveral cicbti) anci fii.ma 
 of money fo to them ckie and owing by and from the 
 faid Adam Appt in the proportions according to the 
 quantum of their refpeclive debts. Now this indenture 
 witneilcth, that for the intent and purpofe aforefaid, 
 the faid Adam App, hath bargained, fold, affigned and 
 ■fet over, and by thefc prefents doth fully, freely, clear- 
 ly, and abfolutely bargain, fell, affign and fet over unto 
 the faid Bion Bell and Caleb Caitu at and by the nom- 
 ination and appointment of all the other creditors of 
 the {t\dAdam App, (telUried by their figning and feal- 
 ing of thefe prefents) all and every the houlchold goods, 
 credits, fum and fums of money, and other the perfonal 
 cftateand cffe6lswhatfoeverof himthefaid Adam App^ \\\ 
 the faid fecond fchedule hereunder written, particular- 
 ly mentioned and expreffed. And all the eilatc, right, 
 title, intereil, property, claim, and demand whatfoever, 
 both at law and in equity of him the faid Adam App, 
 of, in, and to the fame, and of, in, and toevery part and 
 parcel thereof; to have, hold, receive, take and enjoy 
 the faid houfehold goods, credits,fum and fums of mo- 
 ney and other the perfonal eftate, in the faid fecond 
 fchedule hereunto annexed particularly mentioned, 
 Tind hereby intended to be afiigned unto the faid Bion 
 Bell and Caleb Cain, their executors, adminiilrators 
 Jind affigns : In truil as well for themfelves, as for all 
 <:>ther the creditors of the faid Adam App, who have 
 3iereunto fubfcribed and fet their hands and feals, their 
 refpeSive executors, gdminldrators and affigns, in e- 
 qual proportions, according to the quantum of their re- 
 fpeclive debts. And the faid Adavi App, for the con- 
 fideratioHS aforefaid, hath made, ordained, conflitutedL 
 and appointed, aod by thefe prefents doth make,ordair3 
 ■conflitute and appoint,and in his place and ftead,put the 
 (kid Bien Bellixn<X Cakb Cain, his true and lawful at-
 
 COVENANT. 3G^. 
 
 torney and attoriiics irrevocable, jointly and fcvcrally, 
 for and in the imiiiL- of him tiic laid AdaniAjjp^in odier- 
 wife, to fell and difpofe of the faid houfehoid i^oods and 
 cffctts, and alfo to alk, demand and receive of and Itom 
 the fc vera I pcrfons in the faid fccond fchedulc njuiitd, 
 their refpctlive heirs, executors and adminillrators, the 
 fcVw-ral fum or furns of money tlierein mentioned, to be 
 due and owmg Irom thc;n refpeclively to hini the 'aid 
 Adam App^ and upon receipt thereof or any part there- 
 of to j;ive fuch acquittaiiccs or other difcharges for the 
 fame, as ihall be needful and rccjuifite, and in cafe of 
 non-payment thereof, or of any part thereof, to ufe fucli 
 lawful ways and means for the recovery, {getting and 
 obtaining the fame, as the Lid BiuJi Btll ii\\(\ Caleb 
 Catn^ jointly or feverally Ihall think proper, or fliall ia 
 fhat behalf be advifed : And the faid Adum App, doth 
 hereby give and grant unto the faid attornies jointly 
 and feverally his full and ablolute power in the premi- 
 fes, both for receiving and .lifcharging of the fame, and 
 doth likewife hereby ratify, conlirm, and allow all and 
 tvhatfoever his faid attornies jointly or feverally fliall 
 lawfully do, or caufe to be done in and about the prc- 
 niifes, by virtue of thcfc j)rtfcnt5, and of the power and 
 authority hereby given them, au firm, valid, and effec- 
 tual, taall intents and purpofcs, as if the faid Adam App 
 was perlbiialiy prefent and actually did the fame in his 
 own peribn. And tlic faid Adam App, for himfi-lf, his 
 cx«cutors and adminiRrators. doth eo\ enant, promife 
 and agree to and wltli the faid Bion lull and Caleb 
 Cain, their executors, adminillrators and afligns, that 
 all a?Kl every the fum and fums of mom y in the faid fc- 
 cond fchedule mentioned to be due and owing to him 
 the faid Adam 4p/), is and now are due, owuig and 
 Handing out to hina the i'did Adam App by a-idiVoni 
 the fevcral perfons therein named, and that he hath 
 not received Uie fame, or any of them ; neither will he, 
 his exccutoib or adminillrators, at any time hereafter
 
 564. C O V E N A N T. 
 
 receive the fame, or any of them, ifnlefs it be at the re- 
 (^Lieft ain.l by the dircdioa of the faid Bion Bell and Ca- 
 leb Cain, iJ])on the trufts herein before declared, and 
 that he the faii Jdam App, liia executors or admini-. 
 llrators, Ihail not nor will rcleafc or difchargc any fuit 
 or atlion, that fhaii or may be brought or commenced 
 in his name for recovery ol any of the faid fums of mo- 
 ney, uniefs it be at tlie like rcqueft, and by the hke di- 
 redJonof them the faid Bion Bell and Caleb Cain, or 
 one of them : And this indenture further Avitneffeth^ 
 and the faid Bion Bell and Caleb Cam, as uell for 
 themfelves, their executors, admiiuftrators and affigns, 
 asalfo for all other the creditors of the faid Jdam App^ 
 who have hereunto fubfcribed and fet their hands and 
 feals,^their feveral executors, adminiftrators and affignsij, 
 do, and each of them doth feverally covenant, promrfe 
 and agree to and with the faid Adam App, his execu- 
 tors and adminiftrators, by thefe prefents, that they th© 
 faid creditors, and each of them, for his and her part, 
 Jhall accept and take the faid houfehold goods, credits, 
 fum and fums of money, and other the effects and per- 
 gonal eftate of the faid Adam App, in the fecond fche- 
 dule hereunto annexed mentioned, and hereby intend- 
 ed to be affigned, in full payment, fatisfa(:\ion and dif- 
 charge of the faid feveriil and refpeftive debts to them 
 refpeclively due and owing in the faid firft fchcdule 
 hereunder written mentioned ; and that they the faid 
 creditors, and each and every of them, from and after 
 the execution of thefe prtfents, fliall and will, upon the 
 requeit, and at the coil and charges of the faid Adam 
 App: his executors or adminiftrators, dnlyfeal andex- 
 cciijte unto him and them general releafes, or other fuf- 
 ficient difcharges of all a6\ion8, accounts, covenants, 
 debts and demands whatfoever, from the beginning of 
 the world to the day of the d-te of fuch general releafe, 
 or difcharge : And the faid Bion Bell and Caleb Cain^ 
 for themfelves^ tljeir esecutorS; fUic) adminiilrators do,
 
 C O V E N A N T. 365 
 
 and each of them doth covenant promife and agree to 
 and with the laid other creditors ofthe laid Adtiui ^Jpp^ 
 ^\ ho have hereunto iubicribed and let their hands and 
 icals, their leveral and reiptdive executors, admiuiftra- 
 torb and alUgns, by thcl'e prclentb, that theyilie iaidii/oa 
 JScll AUiXi Lilcb Cain, their executors and adminiilra- 
 tors, llrall and will from time to time, as ai»}' monies 
 ihall come to their or any of their hands by fale of the 
 fi.iid lioufehold goods, or by perception ot any of tho 
 iumsofmoney in the foidlecoiid fchedule mentioned, 
 by virtue of thefe prefcnts, and the aliignment hereby 
 made to them, (all neceirary churj^cs ar.d expenfes in 
 ancLabout receiving the fame being firil dcducled) well 
 and truly Ihare and divide and pay the fame, unto and 
 amoni^tl tlicmfclves, and all other the faid creditors in 
 equal'proportions, accoidingto the quantum of tlieir, 
 and each and every of their refpcclive debt and debts, 
 as the fame are mentioned and fet down in the laid firft 
 Ichedule hereunder written. In witnefs, J^cc. 
 
 Deed of Co'oenant from the ori pf in al Landlord of other 
 Houses^ to a Lcs'iec of another Tenement^ to ha'oe 
 the benefit of L'l^bts^ ^V. 
 
 To all perfons to M horn this prefent writing Hiall 
 
 come Felty Snow, of .gentleman, fendeth greeting. 
 
 \Vhereas the faid Felty Snoiv, isfeizcd to him and bis 
 heirb of and in a certain piece of ground, and feveral 
 melTuages oi •tenements ere6\ed, called or known by the 
 
 name of otherwde , fituate in the 
 
 town of , now in the tenure or occupation of hini 
 
 the faid */'>//"y Snow, his undertenants or afuiii^ns. And 
 
 whereas France:; Poe, of , widow and rciic\ of ibe 
 
 late//c/?rvPof,late,Scc. jyfo;7;^72deceafcd.isintcreit'ednn(l 
 polfeffed of and in acertain melfuai^e or tenement, witU 
 its appurtenances, commonly called or knc.n by the
 
 S66 C O V E N A N T. 
 
 rame or fign of the Sugar Loaf, fituate in the town of 
 
 , V. liich at the time of the laid Henry Poe^s death, 
 
 and foi leveral years were in the poiieiiioa of him the 
 i^vi Henry Poc^ his under-tenants or aiiigns. And 
 whereas tiicre are leveral vvnidow lights on tiie north 
 fide of the faid meiFu^jije or tenement, late in the pof- 
 feilion of hi in the faid//c/i'_y Pot\ and now of tbc faid 
 Frances Pot.\ which open or look ifto the faid giound 
 
 cailci^ , beh)Pii;it)g to tiie faid P\lfy Sno%v^ as a- 
 
 fbrefaid ; an. I it is aifii mcd and nihiled upon by the faid 
 Fclry Snow, that the landlord of the faid raeffuage or 
 tenement called the Sugar Loaf, hud no right to make 
 the falri window lights to open or look into the faid 
 ground of the faid Fcliy Snoiv, and therefore the faid • 
 Felty Snnw in the r.ie time of the fiid Henry Poe, did 
 ereC:^ blinds againfl the faid window lights, to prevent 
 and obftrn6t the faid Hairy Poe from having the benC'-' 
 fit. of the faid li^^hts into the faid ground of the faid Fcl- 
 ty S/iinv, and therefore the fftid Henry Poe, in his life- 
 time did come to an agreement with the faid Feify 
 SnoTj, to pay him a certain fnm of m.oney for the bene- 
 fit of the laid lights for a certain term of years to come, 
 rather thai! engage himfelfina fuitoflaw with thr faid 
 F'elty Snnw, touching the right thereof: And whcreais 
 lince tKc death of the ifaid Henry Poe, the faid PYances 
 Poe hath come to an agreement with the faid FeIfy 
 Snovj, to give him dollars for the peaceable en- 
 joyment of the laid lights, for fuch a term of years as 
 }s hereinafter mentioned : Now know ye, that the faid 
 Felty SnoTj, for and in confideration of tht faid fnm of 
 
 dollars, to him in hand paid by- the foid Frances 
 
 Poe^ at or before theenfealing and delivery hereof, the 
 receipt whereof is hereby acknowledged, doth for hira- 
 felf, his executors and adminiilra^ors, covenant, pro- 
 mife and agree to and with the fa'd Fmnces Poe, her 
 executors and adminiftrators, by thefe prefents, that 
 te the faid Frances Fde^ her es^ecut^r^ an4 adminiftf a-
 
 COVENANT. 26? 
 
 tors, and all other the tenants and occupiers of the faid 
 melluagc or tent- ment Cvilkd tlie >^ugar Loaf^ lliail and 
 may trom time to time, and at all times hercaltcr, for 
 
 and during and until the day ot" , which will 
 
 be in the year of our Lord , peaceably and quiet- 
 ly hold, poircfs and enjoy the full and free liberty, be- 
 refit and advantaire of the faiU feveial lights into the 
 
 faid ^^round called , in fuch manner a5 tht^y now 
 
 are and have been heretofore lield and tnjoyed by tlie 
 tenants and occupiers' of the faid mefluai^e or tenement 
 called the Su^ar Loafy without anv manner of let, hind* 
 ranee, moleilation or interruption of or by.the faid J'^ehy 
 S/ioiv^ his heirs, executors, adminUlrators or afligns, or 
 any or either of them, or of or by any other perfon or 
 perfons whatfoever, haviny^ or claiming any right, title 
 or intereft of, in or to the faid piece or pi-rcel of ground 
 ealled . In witnefs, &c. 
 
 J^roni the Obligees to one of the Obligors in a Bond for 
 payment of Money ; that in consideration oj Mo^iey 
 in hand paid y they ivi/l not demand nor sue J or the 
 j\Ioney in the Hand within a certain time. 
 
 To all to whom thefe prefents fliall come, Abner Bee 
 
 Sir>i\ Cal&b Cone, of , fend greeting. U hercas 
 
 Daniel Doe, and Richard Roe, of , by ob'iK-'itioii 
 
 under their hands and feals, bearing dale the day 
 
 of , fland bound unto the faid Abner Bee and Ca- 
 leb Cone, in the fum of — - dollars, conditioned to be 
 
 void'on payment of dollars, on the day of 
 
 , as by the faid obligation, reference being: there- 
 unto had, may appear. N(»v' know ye, that they the 
 faid Abner Bee and Caleb Cone, for ai-.d in conhdera- 
 
 tion of the fum of , to them in hand, at and b( fore 
 
 tlie fraling and delivery of thefe nrcfents, by the afore- 
 faid D.mleiDoe, truly paid, the receipt whereof ig
 
 563 C O V £ N A N T. 
 
 hereby acl:nox\-1edged,and for other good and fubftanti- 
 al reaions,that they the laid Aimer Bee andCa/ci? Cone, 
 for themlelves fcverally and refpeftively, and their le- 
 veral and refpcclive executors and adminiilrators, and 
 not jointly, nor one for the other, do covenant, pro- 
 mife and agree to and with the faid Daniel Doe^ his 
 executors and adminilb'ators, by thefe prefents as fob 
 lowcth, viz. That they the i\u(\ Ahner Bee and Conrad 
 Cone, their executors and admin iib-atora,- nor any of 
 them, Ibali or will, at any time or times hereafter, for 
 
 and during the time and fpace of years next enfa- 
 
 ing the date of thefe prefents, fue for, demand, or ex- 
 peel to have recewed or be paid of, from, or by the 
 laid Daniel Doe, his executors or adminiilrators, any 
 fum or fums of money, confideration, benefit oi' ad- 
 vantage, upon, for, or in refpecl of the faid bond 
 or obligation, in any manner of wife, nor fliall or 
 will at any time during the faid term, fue, arrell, at- 
 tach, moleil, feize, extend or take in execution the 
 faid Daniel Doe, or his executors or adminiilrators, or 
 his lands, goods or chattels, for or in refpecl of the 
 faid bond or obligation, or any fum or fums of money 
 therein, or in confideration thereof, or thereon due, or 
 to grow due or payable. In witnefs, &:c* 
 
 Deed of Go's en a?it to bold parts of a Ship to be built ^ 
 and to pay proportions of the prime cost and outset. 
 
 We whcfe iiands and feals are hereunto fet, dn for 
 ourfclves. our exeeiitors and adminiilrators, feverally 
 and rerpe6li\'ely, and not jointly, nor one for the other^ 
 or for the executors and adminlftvators (vfthe othec, co- 
 fenant. promife and agree, to and \\\\\\ Jaceb Jenks^ 
 
 of -, merchant, his executors, adminiilrators or af- 
 
 figns, by thefe prefents, that each of us will hold and 
 be concerned in the feveral parts by us rcfpe6livcly
 
 CO V E N A N T. gfii^ 
 
 fubfcribed with our names toVhcfe picfeiits, of and in 
 
 a new ihi[) or vciicl, to be oi the but then oi ions, 
 
 or thereaboiitb, lur the building whereol the laid ^acob 
 Jjnks^ htuii, at our rtqueil, and with our conic jit, con- 
 tracted and a;<reed vvjih Titus fVt'st, sbifnii right, by 
 
 art'.clesoi a^^rcenicni beariiigdate liie clay ol" 
 
 inil.int, oi which ihip, when built and fmiflitd, wc alfo 
 
 agree that Martin Old, of , Ihall go and be mailer. 
 
 And that c.ch of us rtfpfCliveiy will pay our lull pro- 
 portion, aCcorciing to our pans in the faid (hip here- 
 under ful)icrjbed, of tbt fum of money to be paid for 
 th'.; !)Mildiiig- of tlic fdid ihlp, at the times and in manner 
 as the fame lliall become due by die laid contract: or 
 agreement in that behalf ; and like wife of the chaige 
 of tile outfct ai;d fitting the faid fiiip to fen f^r fu.;h a 
 voyage, as tlie major pan of the ()\^ ners vhereof, accrd- 
 ingto their parts therein, fliail agree and thmk fit. In 
 witnelb, 5cc. 
 
 That several Merchants shall be equally concerned it^ 
 a Slip's Car^o, 
 
 Whereas the feveral perfons hereunder fubfcribed^ 
 
 have agreed to make up the fum of dollars, be^ 
 
 tween them, which is to be laid out in a cargo of goods, 
 
 to be fent to , in fuch a fliip as they, or the major 
 
 part of thv:Mii, agree for that purj)ofe ; and that the faid 
 cargo fliall be there fold and d\fp< fed of by Samuel 
 Shn'iv, who they alfo agree fliall be fupercargo thereof^ 
 
 aiKi that the (;fle6\s theteol' llvall be brouo-ht to , 
 
 in the faid fhip. Now the f:\id feveral fubfcribers do 
 licrebv fever:. llv and refne6\ivelv, and for their feveral 
 and refpedive heirs, executors and udminiftrators, only 
 and not jointly, nor one for the other, nor for the o- 
 ther's n6\, covenant, promife and agree, to inid \\ith 
 tjie other and others of them, their and each of their 
 
 t*']
 
 570 COVENANT. 
 
 heirs, executors and adminiflrators, that each of them 
 iliall and will be concerned for profit and lofs of 
 and in the faid cargo, according to their refpe6\ive 
 parts thereof hereunder fubfcribed ; and that each of 
 them will pay their feveral proportionable parts of the 
 colls thereof, according to their refpe^ive parts fub- 
 fcribed as aforefaid. In witnefs, &c. 
 
 Deed of Co'oenant to produce Deeds, 
 
 This indenture made the day of , betweera 
 
 ^obn More^ of , of the one part ; and Miles Holt, 
 
 of , of the other part. Whereas the faid John 
 
 More^ or Ibme perfon in trull for him, is feized in fee 
 of and in four iixth parts, and the iaid Miles Hoh\ or 
 ibme perfon in truft for him, of and in the remaining 
 two fixth parts, of feveral mcfliiages or tenements, lands 
 
 ^nd premifes, fituate and being at -, whereof the 
 
 premifes demifed by the four feveral indentures of leale 
 (the counterparts whereof are mentioned in the fche- 
 clule hereunder written) are part : And whereas the 
 faid counterparts of the faid indentures of leafe, are put 
 anto the hands of the faid ^o/jn More^ (he having the 
 greatelL intereft in the faid premifes) on his the faid 
 ^ob?i Morels promife to produce the fame to, and per- 
 mit copies thereof to be taken by the faid Miles Holt, 
 his heirs or affigns, as hereafter mentioned : Now this 
 indenture witnefleth, and the faid Johti More, in pur-^ 
 fuance of the faid agreement, doth hereby for himfelf, 
 his heirs, executors, adminillratcrs and sffigns, cove- 
 nant, promife and agree, to and with the [mdiMi Irs Holt, 
 his heirs and affigns by thefe prefents, in manner and 
 form following, that is to fay, that he the faid Jo/jjz 
 .More, his heirs, executors, adminifcrators and affigns, 
 or fome or one of them fhall and will from time to tim-e 
 imd at all times hereaftep, during the refpc6live terms 
 tjD QOEQ^ i.n the kafes, the couaterparts whereof are
 
 COVENANT. 371 
 
 lucntioned In the fchcdulc hereunder written, at the 
 reiilbriablc rtqutll, and at the colls and charges of the 
 faid Miles iiolt^ hib heirs and alTigns, produce and 
 fhew i'orth, or caule to be produced and llicwn forth ia 
 any court or courts ot recoid, or oiherwit'e ho\vfoc\cr, 
 the laid counterparts of kales, or any or either of them 
 (provided they are not dedroyed by fire or other inevi- 
 tabla accident) and alio permit and liiUer IViih the laid 
 JSIiLcs Jlolt^ his heirs or ailignsj to have rccoui fe to pe- 
 rufe or take copies thereof (provided the f ime fiiall not 
 be dellroyed as aforefaid) when and as often as he the 
 faid Miles Holt, his heirs or afllgns Ihail require the 
 fame. In witnefs, kc. 
 
 For Tonnage, 
 
 Whereas Amos 3Lm, maimer of the fliip Cynthia^ 
 
 burthen tons, now lying in the port of , 
 
 is bound out and intends to fail in and with the faid ihip 
 
 with the firft fair wind, after the aforefaid to 
 
 , and to ftay days, to take in the faid fliip's 
 
 loading, and the faid time being expired or the faid 
 
 fliip fooner difpatched to return to , and deliver 
 
 the faid loadiuL^ in days, and there to end her 
 
 voyage: Now thefe prefents witnefs, that each of us 
 the laid feveral perfons, who have figned and fealed 
 thtfe prefents, hath hired and taken, ar.d doHi hereby 
 agree to take the feveral proportions of the laid fliip's 
 tonnage by us refpeclively fubfcribed with our nunies 
 to thefe prefents, and therefore each of us for himltlf, 
 his executors, adminillrators and afligns, feverally and 
 refpc6\ively, doth hereby covenant and agree to and 
 with the faid J?)ws Ma?j^ his executors, adminiftrators 
 or afllgns, that each of us, our executors, fa6\ors or af- 
 figns, iball and will lade or tender to be laden al)o:ird 
 tlie Md fliip at -"— — aforefaid, fuch a (Quantity, and fo
 
 375 COVENANT. 
 
 much goods and fnerclumdiies as w ill fully load the fe- 
 veial paiis oi the iaidlhip's tonnage, liy us rcfptctive- 
 ly iublcnbcd ab aibrciaid,and \Til; relpettiveiy ciiipatch 
 
 tht faid lliip at , within tht iinid days aker 
 
 her arrival there, and within days after the laid 
 
 fhip's arrival at , \vili receive and dilbhargc our 
 
 reipcclive goods, from aboard the laid fhip, arid dif- 
 charge the'faid ihip out of cur fervice ; and. alio lliall 
 and ulli truly pay or caule to be paid, unto the faid A^ 
 Tnos Man, his executors, adminiftrators or affigns, 
 freighi for our refpe6live parts of the faid ill ip's ton- 
 nage, at and after the rate of per ton, for every ton 
 
 of the faid goods which the faid fljip ihall deliver 
 to us, our executors, adminiftrators or affigns refpec- 
 
 tively at , and proportionably for a lefier quantity 
 
 than a ton, accounting the tonnage as followeth, viz. of 
 hemp, &c. and will feverally pay the faid freight to 
 grow due as aforefaid, 8=^c. to the payment and perform- 
 ance of all which faid fcveral covenants and agreements 
 herein contained, each of lis bindeth himfelf, his heirs, 
 executors and adminiftrators, and his goods feve- 
 rally and refpcctively, and not jointly, nor one for the 
 other, unto the faid /i772o^i)//:7/?, his executors, admini- 
 Urators or affigns, in double the value cf the freight,to 
 be paid b} each of us refpeclively for ihe fevrral parts 
 of the faid fliip's tonnage by us refpeclively fubfcribed 
 as aforefaid, finuly by thefe prefents. In witnefs, &c. 
 
 ^he leginmng of a Ccoemiit of one Person to one Per. 
 
 £012. 
 
 And the faid Adnm Bend, for himfelf, his heirs, ex- 
 ecutors and adminiftrators [or,/^r himself his execu- 
 tors and administrators^ ivithout the word heirs, as 
 the case requires^ s^nd for every of them, doth cove- 
 ■riant, promife and agree, to and with the faid Calelf 
 Bi^n, his h«irs, executors and ^dcaiuiftrators, [or; hi^
 
 C O V E N A N'T. . i73 
 
 heirs ciad assigns ; or, his executors^ administrators 
 and assigns^ as the case rcquires~\ by thtle picicnib, \i\ 
 manner uad ibnntollowing, that is to fay : That, &:c. 
 
 Introductory part of a joint Covenant to one Person. 
 
 And ilie faid Jbcl Banks, Caleb Duck, <ind. Eno^ 
 Fray, ibr dicmfelvcs, thtir heirs, e.Nccutors and adini- 
 iiillrators, and for every oi'them, do covcnaiit, promiie, 
 grant and aj^ree to and with the faid George Hurd^ \\\% 
 heirs and allii^ns, by thefe prefents, in manner follow^ 
 ing, that is to fay : &c. 
 
 Introductory part of a joint and several Covenant, 
 
 And the l\iid Jbti Bend, Caleb Dun, and Enos Fen, 
 for thf-mfelves, their heirs, cxeeutors, adminillrators 
 and affigns, and for every of them, do jointly and feve- 
 rally, covenant, promife and grant to and w ith the faid 
 George Iloge, hisexecntors, admir.iftrators and afii^ns, 
 by thefe prefents, in manner following that is to fay : 
 
 Introductory part of a several Covenant. 
 
 And the faid Abel.Bamct, Caleb Dun, Enoclj Frey^ 
 and George Hunt, for tbemfelves feverally and refpec- 
 tively, and for their feveral and refpeaive heirs, cxe:. 
 cutors and adminirtrators, do fcparately, and not joint- 
 ly, or the one for the other or others of them, or for 
 the heirs, executors or adminiib-ators, a6is or deeds of 
 the others of them, but each and every of them for h^m- 
 felf only, and for his heirs, execiTtors and adminiRra- 
 tors arfs and deeds only, do covenant, promife, tyrant 
 and a.yjree to and with the faid Kirk Lyon, his heirs, 
 and afli,qns, by thefe prefents, in the manner following, 
 that is to fav, 8^c.
 
 574. COVENANT. 
 
 Jntrodiictory part of a Covenant., ixihert Ilu^hana 
 coiicnants for himself and IVtJc. 
 
 And the faid Abel Bendy for himfelf, his heirs, exe- 
 enters ^nd admiailtrators, and for and on the bchaif of 
 the fa id Catharine^ his wife and her heirs, dotii cov- 
 fenant, proniife, grant and agree to and with the laid 
 X)aniel Est^ his heirs andafligns, b> thcfe prefents, in 
 manner following, that is to fay : That, kc. 
 
 TFiirranty. 
 
 And the fald Abel Bell^ for himfelf, his heirs, exe- 
 cutors and adminitlrators, doth covenant, promife, 
 grant and agree, to and with the faid Caleb Doe^ his 
 ^irs and cdhgns, by thefe prefents, that he, the faid 
 Abel BelU and his heirs, the faid above mentioned and 
 defcribed meffuage or tenement, and tra6l of land, — 
 hereditaments and premifes, hereby granted, or men- 
 tioned, or intended fo to be, with the appurtenances, 
 unto the faid Caleb Doe^ his heirs and alhgns, againft 
 him, the faid Abel Bell^ and his heirs,, and againft all 
 and every .other perfon and perfons whomfotver, law- 
 fully claiming, or to claim, by, from or under hiin, 
 them, or any of them, fliall and will vvan"ant and for 
 ever defend, by thefe prefents. 
 
 tCP For th^ difference between 2^ general and spC' 
 mal warranty, fee j)agc 234. 
 
 For further Assurance, 
 
 And farther, that he the. faid Abel Bell^ and his 
 heirs, and all and every other perfon or perfons iawfui- 
 ]y claiming, or to claim, by, from or under him, them, 
 or any of them, fliall an J \vill, from tirne to time, and 
 
 ^im-
 
 COVENANT. (375 
 
 at all times hereafter, upon the reafonable rcqueft, and 
 at ilie proper colls and charges ni the law ot he laid 
 6'f^A7>' />(?<", his heirs and alligns, make, do, and exe- 
 cute, or cauie and procure to be made,* done, and cxe» 
 ciited, all and ever J' Inch uuthtr and other lawiul and, 
 reulbnabi.: a6l or aO.s, deed or deeds, device and de- 
 vices in the law, u hatlbever, fer the lu'ther, better, 
 more perfe^l: and ablblute alTurance and corvlifniatiou 
 of tlie faifl mt Ifuage or tenement, ^c. hereditaments 
 and uremifes, hereby graj)tt( or mentioned, or in- 
 tended ih to be, with the appurtenances, unto the laid 
 Caleb Doc^ l.is hens and aHiiy^ns, as by him or them, 
 or by his or their counlbl learned in the law, ILali bo 
 re;ffoiiabiy advifed, devifed or required. 
 
 For Quiet Enjoyment. 
 
 And the faid Abel BtlU for himfelf, his heirs, ex-^ 
 
 editors and adminill;atcjrs, doth covenant, promife, 
 grant and agree, to and with the laid Caleb Doe. his 
 heirs and aiiigns, by thefe prefents, that he, the laid 
 Caleb Doe^ Jiis heirs and afiigns, fliall and laufidly 
 may, from time to time, and at all times hereciftcr, 
 peaceably and quietly have, hold, ufe, occupy, polTefs 
 and enjoy the faid melTaage or tenement, fcc. heredi- 
 laments and premifcs, hereby granted, or racntioned, 
 or intended fo to be, with the appurtenauces, m ithout 
 the lawful let, fuit, troi.d->Ic, hindrance or molcllation 
 iii \X\^^\m\ Abel Bell, his heirs or iiffigns, or of any 
 other perfon or perfons whatfocver, by or with his, 
 their, or either of their acl, mernis, confent, privity or 
 procurement. Inwitnefs whcreofjthc faid parties, &;c.
 
 376 C O V E N A N T. 
 
 For peaceable Enjoyment in an Assignment of a Lease, 
 
 And the Uticl Martin Cane and John Shaiv, for 
 themiclves fevergUy, and for their fcveral and reflec- 
 tive heirs and affigns, do hereby covenant, promifc and 
 prant to and with the faid Jobii IIovj^ and Abel 'Turner^ 
 their executors, adminiftrators and afiigns, by thefe 
 prefents, that they the Hiid john IIow and Jbel Tur- 
 ner^ their fevcral and rcfpe<£live executors, adminillra- 
 tors and affigns, paying the faid yearly rent and per- 
 forming, faiiiiling, and keeping all and fmgular the 
 covenants and agreements in thefe prefents referved 
 and contained, on their parts to be paid, done and per- 
 formed, iliall or lawfully may pcueeably and quietly 
 have, hold, occupy, potiefs and enjoy all and lingular 
 the faid premifes hereby demifed, with their and every 
 of their appurtenances during the faid term hereby 
 granted, without any lct,-fuit, trouble, denial, eviftion, 
 €Jcc\ion, moleftation or hindrance of or by the faid 
 Martin Cane -md John Shaw, or either of them, their 
 or either of their heirs or afllgns, or of or by any other 
 perfon or perfons whomfoever lawfully claiming or to 
 claim, by, from or under them, any or either of them, 
 or by or through their, any or either of their means, 
 default, confent or procurement. In witnefs, See. 
 
 Ap^ainst Incumbrances- 
 
 And the ii^'v\Amos Bane and Caleb Dun, for them- 
 felves, their heirs, executors and adniiniftrators, do fc- 
 verally, and not jointly, nov the one for the other, or 
 for the v.iii or deed of the other, but each for his own 
 a6\son]y, covenant, promife, grant and agree, to and 
 with the faid Enoch Frey, his heirs and afngns, by 
 thefe prefents, tliatthcy the faid Amos Bane and Caleb 
 u§,««, have not heretofore done, committedj or witting-
 
 COVENANT. 477 
 
 ]y or wilUngly fufiercd to be done or committed, any 
 act, murter or thin^ v\ haliocver, whereby tin.' pjcmiles 
 hereby granted, or any part' thereof, is, are or Ihall ol 
 may be impeached, ehari^xd or incumbered, in title, 
 chciige, eilutc or other^vi^e howfoever. lu witnefs, 
 Es.e. 
 
 Another, ' 
 
 And the faid JUice Jones, for herfelf, her Vieirs, ex- 
 ecutors and adminiftrators, and for eveiy ol them, doth, 
 by thefe piefents, covenant, promife and agree, to and 
 with the faid Isct Snem, his executorb, adminift;ators 
 and aiVigns \_tbits you siy in an assignmciit, but in a 
 release in fee, is'c. Siiy, heirs and allien..-.,] in manner 
 and form following, that is to fay, that Ihe the faid Al- 
 lice Jones, hath not at any time heretofore \^if in an 
 assigtnnent by an executor say, that neither the faid 
 John Jones deceafed, in his lifetime, nor the faid AU 
 lice Jones, fnice his death hath made, &c.] made, 
 done, committed, or wittingly or w illiiigly fufiercd any 
 ad^, deed, matter or thing whatfoevcr, whereby, or by 
 means or occafion whereof, the hereinbt-fore afligned 
 meffuages, or tenenients and premifes \_or in a release 
 infee, say, the hereditaments and premifes hereinbe- 
 fore mentioned, or intended to be by him hereby re. 
 leafed: or in a deed of partition say. the tenements 
 and premifes herein before ele6\cd, allotred and limit*^ 
 
 ed for the part and fliare of the faid in the faid 
 
 hereby granted and rt-ieafed premifes] or any part 
 thereof, are, is, (liall or may be in any wife impeached, 
 charged or incumbered in title, charge, efiatcor other- 
 vifc howfoever. In witnefs, &c, 
 
 [48]
 
 57S , C O V E N A N T. 
 
 That Vendor shall banjc room and liberty for Threshingf 
 £?V. bis Grain^ (s'c. and room for Scr'Datits^ Horses, 
 ^c. till his Stock can be carried away. 
 
 And the fiiid [pur chaser"^ doth hereby covenant and 
 ^gree, that until the faid [yendor'^ his heirs, executors, 
 adminiilrators or affigns, can conveniently threfh out, 
 fell, carry away, or otherwife dilpofe ot h*is corn, grainy 
 hay, fodder,. and other flock now beingxipon the pre- 
 mifes, or any part thereof, he and they fliall have and 
 enjoy fuitable barn- room and other conveniences upon 
 the premifes, wherein to lodge, lay up, and bellow 
 fuch corn, grain and hay as aforefaid, and likewife fuit- 
 able houfe-room for his and their fervants, agents and 
 horfes to be employed for the purpofes afortlaid, to- 
 gether with free liberty of ingrefs, egrefs, negrefs, way 
 and paiTage to go, come, threili out, fetch and carry 
 away the fame corn, grain, hay, fodderand other ftoeky 
 smd every or any part thereof, in or over any neceilarjr 
 part of the faid purchafed premifes, doing no wilful 
 •damage to the fame. In witnefs, ^c^ 
 
 That if a good Title cannot he made on or before a cer^ 
 lain day ^ the premises shall stand as a security^ hjc. 
 
 It is hereby further agreed and declared by and be- 
 tween all the iaid parties to thefe prefents, and parti- 
 cularly the faid [yendors"^ do hereby agree and declare, 
 Zhat in cafe they cannot make out a good title to, and 
 execute and perfed; fuah conveyances and afliirances 
 
 cf the premifes as aforefaid, on or before the — day 
 
 of now next enfuing, then the faid premifes, ^c. 
 
 Jmd every part thereof, fliall remain and be a fecurity 
 to the faid [_purchaser~\ for fecuring to him, his exe- 
 cutors, adminiflrators^ndafligns, the repayment of the 
 
 faid fum of dollars, &e. now by him paid as a- 
 
 forcfaidj at 9r upon the faid — ~ day of --—- fjOW
 
 COVENANT, 379 
 
 next enfuins^, together with intereft for the fame, after 
 the rate of lixptr eciitum from henceforth, in th.e mean 
 time, and until i)a} ment theieol, ^\hicll in fueh cafe 
 t'hcy the laid [^DCfidorsj do hereby for themfelvesfeve- 
 rally and refpeclively, and for their feveral and reflec- 
 tive heirs, executors and adminillrators, promife and 
 agree to pay accordingly, and then alfo in fuch cafe all 
 fueh rents, iOues and profits as he the faid [_purc/jQSCt'][ 
 ihall have received by or out of the premifes as afore- 
 faid, Ihall be deemed and allowed by him in part of 
 
 payment of the fame dollars, and interell. In 
 
 \v itnefs, bV. 
 
 *Xai to assign the Premises 'without notice totheLessor,' 
 
 And alfo that the fai(J»/'/«;z5';;zir/j,herexeeutors,admni- 
 iftrato/s or aifigns, Ihali not nor will during the faidi 
 term hereby leafed, o'r any part thereof, transfer or af- 
 fign over, let, fet, or mortgage the fafu meduages and 
 
 premifes. ora«y pait thereof, for the faid term of 
 
 years or any part thereof, to any perfon or pcrfons 
 "whomfoever, without giving notice thereof in writir.g 
 under their hands unto the faid David Dcnt^ or his af- 
 iigns, "during the life of the faid Dwuid Dent^ or aftec 
 his deceafe to fiicii other perfon or perfons,- who for the 
 time being, lliall be entitled to the next and immediate 
 reverlion of the faid leafed premifes expectant on the 
 determination of the faid term, or in his or their ib- 
 fence, to his or their generally reputed agent, or rcr 
 ceiver of the rents of the premifes for the time being. 
 In witiK-fs, ^c. 
 
 That Lessee shall not he chargeable for any Accident 
 
 by Fire. 
 
 And laflly, it is covenanted, concluded, and agieed, 
 hy and bet^vscn the iUid parties to thvfc nrtfvUt*, thaj
 
 380 C O V E It A N T. 
 
 the faid Amos Baid^ his executors, adminillrators or 
 ai! gns, ihailnotbv viiiue ot thefe prefenis, or any ar- 
 ticle, clauleor agieciueiit herein contained, be chaige- 
 abie or cliaiged v Jiii, or aiilwciabie ior any accidents 
 oi lire, which Ihaii luip.en cu.nii; the contmuahce of 
 this demiie, uui.\. ihat jnch inccicitntb oi Ine are who.'iy 
 exce;.ieci out oi die btloiementioneci cOvenanis lor 
 kct[.;i g and icaving the prtn.iieb in repan ; niid die 
 faio ^xDius jBctid, hih executors, aomniillratois and af-^ 
 figns,. are not, by color of any claule inihelc preleuts 
 contained, to slvSw er or make good any fuch accidents, 
 or Hny damage occ.dioned thereby, but that the lame 
 are to be borne by the faid Titus Foe, his heirs or af- 
 figns ; any thing in thefe prefents contained to the con- 
 trary in any wife notwithllaniling. In witnefs, ^c 
 
 From the Assignee of Leases^ to indemnify the Lessee 
 Jrom Rents and Covenants. Usually inserted in an 
 absolute Assignment of a term^ 
 
 And lallly , that the faid Jane Sha%v, for herfelf, her 
 executors, adminillrators and afiigns, doth hereby co- 
 Tenant, promife and agree, to and with the faid Ann 
 Jones A^^Y executor&and adminillrators, by thefe pre- 
 sents, that llie the faid Jane Shaiv, her executors, ad- 
 minillrators and affigns, fliall and will from time to 
 time, and at all times hereafter, during the now refidue 
 
 of the feveral terms of years and years, pay 
 
 and difcharge the faid feveral yearly ground rents of 
 
 and by the faid two feveral recited inden-' 
 
 lures of leafe rcfpe6lively rcferved, to the proper per- 
 fons intitiedto receive the fame, and alfo perfoim and 
 keep all and every the feveral covenants, conditions and 
 agreenKMiTs, th.erein contained, and which from hence- 
 forth duriti^ibe now rthdue of the fame feveral terms 
 on the jell"; e's part are to be paid and performed, 
 »nd tlv^reofand therefrom fl;all and will from time t©
 
 COVENANT. 381 
 
 time, and at all times hcrcarter,' well and fuHicicntiy 
 iu\c, Kcc[i luuailLlrj ana iiickniiuljcd llie Jaici.;/-// Joucs^ 
 licr cxccuLoib and adiiiiiiillKitorb, and* ii« i i, ci ihtir 
 rt I and pcilonan. daltb, ol andtiom ail aciior.a, iiiits, 
 Coltb, ciK»rii,cb,*ai)U ciamagts, which Ihc or Lhey l(:aii or 
 may pwiy or fullaiii ibi or by lealun or in itlpct) ol her 
 the laid Jaac Soaw, iicr executors, a<lrniiidli\'lors or 
 aiiigas no'J) i|)aymcnL ol" the faid fcvcial yearly rents, or 
 the non-peribrmunce ot any of the covenants in the 
 faici indeniures ofleaie reiervod and contained, and aifo 
 oi" and tVom a»i atiiuns and i^ils to uc brought by or 
 profecuted in the name oi' the faid ylun J ones ^ her ex- 
 ecutors or adminillrators, for the recovenni^ of thelaid 
 hereby alfigned niwiues, by \ iitue oi the po.uf v and au- 
 thority hereby t^iven to the laid ^une S/jaw^ her'exe-* 
 cutors, aclniii.illratoib and afiigns, for that pnrpofe, 
 and alio of and front all coils and charges touching the 
 fanif . In wituefs, &.c. 
 
 Another infc%ver Tf^ords. 
 
 That he the faid Titus Hoe, his executors, admini- 
 ftrators or allis^ns,nuill and will at all times from hence- 
 forth pay all rents payable on the laid allii^ned leafe, 
 and perform ami keep all and fmgular the covenants 
 and asirreemeiits which on the leifee's or al'iignee'a 
 parts and behalfs are and ought to be done and per- 
 foimed in refpicl '.fthr faid premifes, and five harm- 
 lefs and keep indemnified the fiid Henry Doe, his ex- 
 ecutors, and admii\iftrators, of and from the fame, 
 and all damap;es and expenfes which may haj)pen to 
 him or them, or any (jfrhem, by reafon of the non-pay- 
 ment or non-performance thereof. In witnefs, 8<;c.
 
 §32 C O V E N A N T. 
 
 To pay Bent:, mid pe^- form Co'denants in a Lea^e 
 as igned. 
 
 To 9II to whom thefe preients fliall come, John 
 
 KlinCy of , ycuman, lenrls. greeting: Whereas 
 
 John Conn, of , blacksmith^ by his iiKlciiture 
 
 of ieafc, bearing date the clay of , 
 
 did dcmife and let unto l-Fin Conc\ of , \_rcc'ttG 
 
 the lease. 1 And whereas fFin Cone., by a writing 
 or indoifcmcnl on the faid recited leafe under his liand 
 
 ©nd leal, bearing date the of laft, for the 
 
 coiiiideratlons therein mentioned, hath afligncd and fet 
 cver*unto the faid John Kline, the faid recited leafe 
 and premiffts thereby granted, with the appurtenances, 
 and ail his eilate, riglit, title, claim and interell what- 
 foever therein, to hold the fame, under and fubje6l to 
 i\\t rents and covejiants thereby referved and contain- 
 ed, on his and their parts to be paid and perform.ed^ as 
 by the faid-i^^GFted leafc and indorfement thereon, re- 
 lation being thereunto had may appear. Now thefe 
 prcfents witnefs that the faid John Kline., doth hereby, 
 ^co'venajit., ^c. to and with the said JVin Cone'^^ that 
 he the faid John Kline., his executors, adminiilrators 
 
 and aifigns, fhall and will from the day of 
 
 Bcxt enfuing the date hereof, for all the refidue of the 
 faid term of years, by the faid recited leafc grant- 
 ed, well and truly pay or caufc to be paid the faid year-" 
 iy rent thereby referved, in manner as the fame jfliall 
 become due and payable, and will alfo from time to 
 time and at all times hereafter, obferve, perform, and 
 keep, all the covenants, articles, claufes, and agree-* 
 mcnts, therein contained, which on the tenant's oY lef- 
 jfc^'s part of the laid premifes are and ought to be paid, 
 done and performed ; and thereof and therefrom, and 
 from all actions, fuits, cods and dama!2:es, by reafou 
 thereof, or the non-payment or non-performance there- 
 *:i"in i«iy wife, iiiall anil will at all times hereafter well
 
 C O VENA N i^e 2f3&. 
 
 and fLifficienlly lave and keep harmlefs and indemnified 
 tlie lliid irine Cone, his lieirs, executoib, adniinillra. 
 tors and afiigns, his and tln-ir lands, tencmenib, ^ood« 
 and chattier, and every oliheni. la uitnilb, ^e. 
 
 As to a Lessor'' s insurance of Premises^ and that J^es- 
 ' sec may quit .at any time during the lerni-^on groing 
 one y':ar''s nonce. 
 
 And the fuid Ifvhn NorJis^ for himfolf, his heirs and 
 afligns, \as loqnltt enjoyment^ yc.~\ Ai;d thai he the 
 faid John Notjks, his heirs and aiiigns, or Ibme crthem, 
 fhall and vvili at his iuid ihc-ir, or Ibme or one ol" their 
 own proper coHs and el^ar^es forthwith infure upon ti.e 
 faid two melluages or tenements, with the bni^inga 
 and appurtenances thereunto belonging, the ium of 
 
 dollars, from lofs againlt lire in the oiuce of in.- 
 
 furance called the , or in fome other good fullicicnt 
 
 ofTicc, and fliall keep and continue fo infured during- 
 the faid term hereby demifed, and alio Ihall and will, 
 *at his and their like colls and charges, rebuild or make 
 good, as occaiion Ihall require, the laid meilbages or 
 tenements, with the buildings and appurtenances 
 thereunto belonging, if the fame at any time during the 
 faid term fliall happen to be burned, blow n up, or da- 
 maged, by ©r by means of any fue, in as reafonable 
 time as the fame can be rebuilt, repaired and made 
 good in, after fuch fue, blowing up, or damages (ball 
 lb happen to the fame, to and for the ufe, benefit, and 
 occupation of the faid CaUb Tucker^ his executors, 
 adminiilrators and afiigns. during the continuance of 
 this demife, according to the true intent and meanir.g 
 of thefe prefents. And lallly, it is hereby mutually 
 covenanted, agreed and declared by and between tlic 
 parties hereto, for themfelvcs, and for their refpeelivr 
 Wi«cutors, admiiaillrators and alligns, and the true iu-
 
 384 COVENANT." 
 
 tent and meaning of them and of thefe prefc^nts is, that 
 if thefaid 6\//^^ Tucker^ his executors, adminiftrators 
 or ailigns, IhaU be minded or desirous to 'leave or fur- 
 render up t!ifc faid demifed premifes, with the appui te- 
 naiices, at the end of any one year of the faid term of 
 yb/7jy-2^iucj years hereby demifed, and of fuch his or 
 their mind and intention Ihall p;ive or leave notice or 
 warning in writing to or with the faid- John Noaks, 
 his heirs oraiTigns, b}- the fpace of ^lyo months at leaft 
 next before the expiration of fuch one yn^w of the faid 
 term of /t?r ('_)'- /7U0 years, whereof fuch notice fliaii be 
 given for leaving the faid premifes as afoiefaid, that 
 then and in fuch cafe it fliall and may be Tawful to and 
 for the faid Caleb 7^z^^y^6T,his executors, adminiflrators 
 and afligns, fo to do, and thereupon the remainder of 
 the time and term hereby demifed, which iliall be then 
 to come and unexpired, at the expiration (;f fuch no- 
 tice or warning ill all ceafe, determine, and be utterly 
 void, as if the fame had not been demifed or granted 
 for fuch further time or term, and this prefent inden- 
 ture of leafe fnall then be efteemed, deemed and taken, 
 to be fully exprefied and determined, any thing herein 
 contained to the contrary thereof notwithftanding. In 
 ivitnefs, kc. 
 
 That the Tenant shall lay out, ^c, in Repairs, 
 
 And the faid Abel Bell, in confideration of thefe pre- 
 fents, and the covenants and agreements herein con- 
 tained, doth covenant, promife and agree, to and with 
 the faid Caleb Doe, his heirs and afV'gns, that he the 
 faid .c/^f/ /?^//. his executors, adminiftratorsor afligns, 
 
 fhall and will within months next after the date 
 
 hereof, lay out and expc nd the furii of , in repair- 
 ing, amending, adorning and beiintifying the faid mef- 
 fuage or tenement hereby demifed, or fhall and will,
 
 C O V E N A N T. 585 
 
 At his on-n proper coft and charges, well anclfufiiclcnt- 
 Iv put the laid meiinaj^e or tenement hereby dcnnled ia 
 a gf)r)il, fuific ''lit, iuultintiul and tciumtable repair, and 
 p;t:tjo»i;arly lii.ill -end • il [_i/iscrt t/je Jjui luuiarii a* 
 grccd oit.'^ 1.1 wjtnels, CvC. 
 
 7'bat Leasee iiniy take doivn and carry anv ay such and 
 such TI.'Tigs at the end of the tcrnu unless the Lessor 
 
 ivi/i /• y Jcr them. 
 
 And I'ne laid Conrad Doe, for himfelf his heirs and 
 afiigiis, I'.oth coven.int, pi on. He and agiec to and witK 
 the fa id Adam licnd^ l»is txccutois, adir.inillrator.-. and 
 affigns, by thcfe prefents, that it Ihall and may be law- 
 ful to and for the faid /^^'^w Bend, his executors, ad- 
 mji'iiilratois or afiigii'> or any of 'hem, at live end of 
 
 the faid 3carh, or othtf fooner detein.'r.ation of 
 
 thefc J reff ntr>, to tala down and carry awny \_stich and 
 such things,'] ere^lions, huildings, furnitures, and or- 
 naments, as he or they fliall durmg the faid term, have 
 fixed, ere^cd, and fet up, in, about or upon the laid 
 premifes, doing as liitle damage, to the faid rneffuage 
 or tenement as he poilibly can, uniefs the faid Conrad 
 Doe, his heirs or alligns be wiHingtcr have and keep 
 the fame, and thereof Ihall give notice to the faid Adam 
 Bend, and fliall and do pay, or caufe to be paid, unto 
 \.\\q{:x\<\ Adam Bend, his executors, adminiitrators or 
 alfigns. fo much money for the fime as tliey fl.all be 
 Tcafor.aijiy valued at by two indifferent perfons, the one 
 to he chofen by the faid Adam Bend, his executors, 
 adminiftrators or r.fligns, and the other by the faid 
 Conrad Doe his heirs or affigns. In v\ itnel's, 8s.c. 
 
 That Lessee vj ay deduct the Charges of Repairs cu( 
 of his Bent, 
 
 And alfo, that it fliall and may be ln\\fnl to and for 
 the faid Adam Bend, his exr«',utor6, admiiiiftrutorb an^ 
 
 [4.9]
 
 2Ba COVENANT. 
 
 affigns, to retain, declu6l and keep but of every year's 
 rtMit, agited to be paid to the faid Cairb Loe^ liis heirs 
 or ailii^as, as aiorei'aid, all and i"o much mout y as he the 
 laid *A(iam Bendy his executors, admiiiillrators or af- 
 iigns, Ihall from time to time, during the faid. term, 
 have paid for taxes agreed to be paid by the faid Ca- 
 leb huCy his heirs and afngns ; and alfo for fuch repaics, 
 amendments and iidditious, b}^ hirn made or done, or 
 Gaufed to be made and done in h. about the prcmifes, 
 by andvvith the confent or diic6tion of \X\^S<>^'^^CalebDoe 
 his heirs or afiigns, or without, fo that fuch money 
 be laid out and expended in repairing and Tuppor ting 
 tliefaid premifcs,or fomcpart thereof, in witnefs, &c. 
 
 ^hat Lessee shall not ass'tpn his Lease or let the Prel 
 mises, ^c. 
 
 And the faid Abel Belt, for himfelf, his heirs, exe^ 
 cutors and adminillmtors, doth further covenant, pro- 
 mifc and agree to and with the faid Caleb Doe^ his heirs 
 and affigns, that he the faid Abel Belt ^ his executors or 
 admiriifuators, fliall not, nor will at any time or tim.es 
 hereafter, during the continuance of this demife, affigii 
 cr fct over this prefent indenture of leafe, or leafe, fet, 
 or let, the faid prcmifes hereby demifcd, or any part 
 thereof, for all or any part of the term hereby granted, 
 to any perfon or peifons whomfocver, (ufmg or exer- 
 cifrngthe trade or bufmefs of vi6lualler, butcher, &c.) 
 nor lliall nor will make cr do, or caufe to be made or 
 done, any addition, diminution, or alteration whatfoe- 
 Ter, into or about the meffuage, or tenement hereby 
 demifcd, without licenfe and confent of the faid Caleb 
 Doe, his heirs or affigns in writing firft had and obtain- 
 ed, for all and every one of the purpofcs aforefaid. h\ 
 witnefs, &;c.
 
 COVENANT. 387 
 
 ^hat Lessee if desirous may leave the Premises ivilb^ 
 in the term. 
 
 And laftly, it is lu-rtby covenanted and agreed, by 
 and biitu't^-en thcr (aid parties hereti:), and it is the true 
 intent and meaning? of thcfe prefents, that if the faid A- 
 bcl Beck, his executors^, adminillrators and affigns, Ihall 
 be niiuded and defnons to leave, yield and i^ive up the 
 
 liiid premiles hereby demited, at ihe end of } ears, 
 
 or years next after, the ■ commencemenr of this 
 
 prefent demlfe or leafc, and Ihall leave or give si>; 
 inonihs notice of fneh liis or their mind and defire in 
 Vritin^ under his or their hands, unto or for the» faid 
 Cideb'Dne, his heirs or affigns, immediately preceding 
 
 either of the laid terms of or '— years ; this 
 
 prei^nt indenture, and the term and eftate hereby !2;rant- 
 ed Ihall ceafe, determine and be utterly void, any thing 
 herein contained to the contrary thereof ia anywife 
 notwithllanding. In witaefs, Kz, 
 
 That the Lease is valid,' and that the Parties have a 
 right to Assign. 
 
 And the Paid Joseph Aln_S;. for himfelf, his heirs, ex- 
 ecutors, and adminillrators. doth cbvenont, promife and 
 agree to and with the faid Paul Poe, bis exccirtors, ad- 
 roinifuators and afiijjns, by thefe preffnts in manner 
 foliowing:, that is fay : That the fnid recited indenture 
 ■of leafe made and JiTanted to the f;iid David Goiv, as 
 aforefaid, at the time of the feali'.^ and delivery of 
 thefe prefentsis gfood and efie6lna1 '.nd vidid ir the law, , • 
 of and for the prcmifes thereby demifed, and that the 
 fame and the term of years thereby leafed are non- in 
 beinj:^, and in no v.'ife forfeited, fnrrendered, i'^cnmber^ 
 ed, or become void or vo!(i-ble ; and that th»7 the 
 faid John J ones and Josel)h King, ^a^e, or one of them 
 hath, ill themfelves or biuifclf good right, full pouer,
 
 588 COVENANT. 
 
 true title, and lawful and abfolute authority to g:rant» 
 bajg-.r.n, IVll, afUL:,!!, iraa.-Jcr as;d let over the picniifes 
 "meant or inteiuled to be hereby aiiigued, wilh their and 
 cv^ry oftijcir lippa.Tencinccb ur.Lo the faid Paul PuCj 
 J^ib exccut .Ti,, adiniaip.illrarors and afiigiis, in maiuier 
 and iorni aibrefaid. In w itaei's, &.c. 
 
 From fwo Lessees to Repair and peaceably to yield up» 
 
 Ar.d the laid ./oi?// Han':L' <v.'.Ci Jun Jtkni/Jor 
 themfeives feverally and refnedlive'y, and for thtir ie- 
 veral and refpecVive executors, admliiiluaiors aii<l af- 
 figns, do covenant, promifr and agree to and with the 
 faid Alary Cole and her affigus, ai.d alfo to and with 
 the perfon or ptrfons that Ihall be intitled to tlie free- 
 hold or reverfion and inheritarice of the faid premifes 
 from and after her deceafe refpedively by thefe pre- 
 fents in manner and form following, that is to fay : 
 That they faid the John Handle and Jnn Atkins, feve- 
 rally and refpe6\ively, and their feveral and refpc6livc 
 executors, adminiltrators and afiigns, or fome or one 
 of them fljull and will from time to time during the 
 faid term hereby granted, at his, her, or their own pro- 
 per cofls and chary!;es when and as often as need fliall 
 require,, well and fufficientij repair, uphold, fnpport, 
 fniiain, maintain, pave, purge, fcour, cleanfe, ditch, 
 fence, empty, amend, and keep the faid melTimges, or 
 tenements, grounds, and premifes hereby demifed ; and 
 all other buildings and crefiions, which during the 
 term hereby giant< d ihall be erected and built on the 
 faid demifed piece or parcel of ground and premifes, 
 and ail the walls, pofts, pales, rails, fences, pavements, 
 grates, privies, finks, drains and water- courfes thereto 
 belonging, and which fhall belong to the fame, in, by 
 and with all and all manner of needful and necefTary 
 reparations, cieanfings, and amendments -whatfoever ;
 
 C O V K N A N '1'. 289 
 
 and the faicl mciruagcs or tenements and prcmifcs, and 
 every purt tiiereol', with the appurienanees, and all the 
 walls, lences, pavements, links, fcuers, drains, a.id \va- 
 ter-courtes thereto belonging, fo being in ail things 
 well and IViiileiently repaired, upheld, lupported, • fui- 
 tained, maintained, pa\ed, purged, leoured, eleanftd, 
 ditehed, feneed, emptied, amendec' and kept^ lliall and 
 will at the expiration, or other fouwer determinatiori of 
 this prefcnt ieafe (uhieh fiiad firfl l^appen) pcaeenbiy 
 and ql'lietiy leave, furrender and yield up, unto iucli 
 perien or perfons as Pnall be then intitled to the free- 
 hold or reverilon and inheritance of the faid premiics. 
 
 !r<? Repair the Premises, having an Allowance of Ma* 
 
 tori ah. 
 
 And alfo that he the {■^\(!(CalchCro\v^'\\^ executors, ad- 
 niinillrators or afiigns, ihall and will at his and their 
 own proper coils and charges from time to time and at 
 all times^ during the continuance of this demife, when, 
 where, and as often as need or occalion Ihali be or re- 
 quire, well and fufficiently repair, uphold, fuppoit,fuf- 
 tain, maintain, amend, prefer\e and keep the laid n^ef- 
 fuagcs or tenements, out- houfes and buildings hereby 
 demited, and all the v/alls, hedges, fences, gates, fliles, 
 bridges, and inelohirts tliereunto belonging, in, by 
 and with all and all manner of needful and necefrarj' re- 
 parations, and amendments whatibever, being allowed 
 on the faid premifes, or within — : — dillanee there- 
 from, rough tim!)eron the fiem, bricks, tiles and lime, 
 for the doing thereof, to be carried to the faid demifed 
 premifes at the charge of the faid Caleb Croiv, his ex- 
 ecutors, adminiftrators or aillgns, (cafualties happening 
 by fire without the wilful default of the faid Caleb Crow^ 
 his executors, adminiflrators or afligns, and alfo by
 
 690 COVENANT. 
 
 lightmn,^and tcmptfl only excepted; (provided fucW 
 
 cUtiiiuges exceed at any one time do:iais,) other- ■ 
 
 Vviil' to be repaired by the faid Caleb Cr<»tu, his execu- 
 tors, admiaiftratorb or aiTio-ns being allowed rotip,h tim- 
 ber, bricks, tiicb, and limtj for the doing thereof as a-- 
 forefiiid. 
 
 ^0 Faint the cutside of the House ei^ery third year, 
 and to surrender ivitb certain fixtures. 
 
 And aifo that he the faid Joseph Jamcs^ Iiis execu- 
 tors^ fedminlllrators avid ^fiigns, fhail and vviil at his 
 and their own proper cofts and chftrs^ea, well and fuf- 
 ficietttly paint all the oiufide wood, and iron- work be- 
 Jongir.g to' the faid hereby demifed meiTuage or tcne- 
 rricntand premifes every third year during the conti- 
 nuance of the faid term of years hereby demifed ; 
 
 and at his and their like proper cofts and charges, from 
 time to time, and at all times during the contiiuiancc of 
 the faid term, when, where, and as often as need or 
 occafioii fiiall be and require, well and fufnciently re- 
 pair, uphold, fupport, mairitain, gljize, pave, purge, 
 icour, cleanfe, empty, amend, ard keep all the glafs 
 v.indows of and belonging to the fnid melTuage or te- 
 nement and premifes hereby demifed, and all-the vv'ain- 
 fcots, rooms, floors, partitions Jmd cielings, and all the 
 jnfide of the faid meiTuage or tenement, together alfo 
 M'ith.the tileing thereof, and all walls, rails, fences, 
 pavements, grates, privies, fmks, drains, wells, and wa- 
 ter-courfes theret« belonging, or whfbh fliaU belong to 
 thei;mie,'in,by and.with all and all manner of needful 
 and necefTary reparations, cleanfing and amendments 
 ■whatfoever (cafualties happeningby fire only excepted). 
 And the faid meiTuage or tenement and ipremifes, with 
 the walls, rails, fences, pavements, grates, privies, finks, 
 drains, Tv'clls and water-courfes thereto belonging, be-
 
 COVENANT. %0h 
 
 ing in every rcrpe6l fo well and fiuTiciently painted, re. 
 paired, upheld, /uppoi ted, rullaintd, maintained, glaz- 
 ed, pAvcd, pLirf.jed, icoured, clcanl'cd, cnipiicd, aiTLeiul- 
 ed, and kept, liiall and will at the expiiaiion or other 
 fooner detcrminaiion of the laid term hereby granted 
 peaceably and quietly leave, Surrender and yield up un- 
 to the laid Samuel SoanufSy his cxceutors, adminillra- 
 tors or aflignii; toj]jeti;er with all and fnij^ular ithe doors, 
 locks, kc} s, bolls, bars, vranileots, chimney pieecs» 
 vindows, t\indou-lluitttrs, pai titioris,dreriers, fnelves, 
 stater-pipes, rail* and other things mentioned and ex- 
 prtfied in the fchedule or inventory hereunder written, 
 in as good plight and condition as the fume now arc 
 (reafonable ulc and wear thereof, in the mean time, 
 cafualtirs happening by fire only excepted.) 
 
 Froju Lessee to New Rip and TlU the top of tha 
 House ivitb'm the last stven years of the term. 
 
 And moreover, that he the faid Joseph. Tones, his cx-» 
 ecntors, adminiUrators or afiip:n<<, Paali and will atfomc 
 convenient lime or times, within and during the laft 
 
 feven years of the faid term of years hereby de- 
 
 mifcd (in cafe the fmie ihall fo long continue) at his or 
 their own proper colls a::d chars<es, in a crood, fubllan- 
 tial and workman-like manner, well andfulliciently new 
 rip and tile,or cnu'e to be new ripped and tiled, the top 
 of the laid nieiruay;e or tenement with good and pro- 
 per tileing. 
 
 To permit Lessor to take the Bark and Tops of Trees 
 cut dovjtifor Repairs. 
 
 And alfo, that he the faid Caleb Crow, his cxecu- 
 tors, admiiiillratori or afi^n;} iijul] au4 will permit annf
 
 392 C O V E N A N T. 
 
 fuffer the (lud Mary Mcitx and her afligns, during fuch 
 part of the term herc'oy dcmifed as ihe.lhall ha);pcii to 
 live, and from and after her dcceafc fuch ptrfou or per- 
 fons as fhall from thenceforth during the then remain- 
 der of the f.idterm, be intitled to the freehold and in- 
 heritance of the faid premifcs, to have and take the 
 bark and tops of the trees which fliail be cut down for 
 the repairs of the premifes as aforefaid, to and for her 
 and their own ufe. 
 
 That the Lessor may enter to Fieiv the Repairs. 
 
 And further that it fhali and may be lawful to and 
 for the faid luoUy Meux and her aiTigns during fuch 
 part of the term hereby deniifed as ihe Ihali happen to 
 live, and from and after her deceafe to and for fuch 
 perfon or perfons as Il^.all from thenceforth during the 
 then rcfidue of the laid term be intitled to the fieehqkl 
 and inheritance of the faid prcniifcs with workmen or 
 others in her or their company or without twice or of- 
 tener in every year during tlie term hcrcljy granted at 
 feafonable times in the day time, to enter and come in- 
 to and upon the faid dem'.fed premifes or any part there- 
 of tl*e*~e to view, fearch, and fee the edate find ccndir 
 tion of the reparations of the fame, and of all def^udts, 
 defc6ls or want of reparations which upon every or any 
 fuch view ihall be fiom time to time found, to give or 
 leave notice or warning thereof in writing at the faid 
 demifed premilcs, unto and for the faid Caleb CroiVy 
 his executoihs, adminifiiators or ailigns, to repair and 
 amend the fame within the fpace of two months then 
 nextfollowing. within vhich faid time and fpace of two 
 motVihs next after every fi;ch notice or warning he the 
 faid Caleb Crow, l»is executors, ndminiftrators or af- 
 figns, fliali imd vrill repair and arnerid tlic fame aceord- 
 insrH^being allowed fuch materials for the doing there, 
 of as aforefuid (except as hereinbefore is excepted.)
 
 C O V K N A N T, S9a 
 
 .l/ioi/jcr. 
 
 And further, that it iliall and may be hiwRil, as well 
 to and for the iMdSamuvl Soaincs, bib exccuiors, ad- 
 iiiiiiilliiitoifc, iind ailit^iis, ab the chief land.ord lor ihc 
 time bciiii^-, o] the faid hertby demifcd premii'fcb, m itK 
 Avorkmen or others, in his, tiieir, or any of tiieir com- 
 pany, or uithonc, twice or ofiencr in fvery yejii during 
 the faid term JKrcby granted, at feaf(>nablc and conve- 
 nicni times, in the aay-time, to tiuer and come into 
 and upon the faid iKieby demiicd jjremlfos, or any part 
 thereof, thei e U) view, frareh and lee the true Hate and 
 condition thereof, and of all decays, dcfe^ls ami want 
 of reparations then and tiiere from lime lo time found, 
 to j^ivc or leave notice or warning- in v.nting, at or up- 
 on the faid demU'ed premifes, unto and for the WudJo^ 
 sepb Joncs^ his executors, adminHlrators and affi^ns, to 
 repair and amend the fame wjthin the time and of three 
 mondis then next following ; within which faid time 
 anil fpace q^ three months next after evov oranvfiiclx 
 nol'.ce or warning as afoit-.idid, he the f-iid ./c;^^?/;,^'/;:/*^^, 
 for himl^lf, his executors, acnniniftrators and afligns, 
 doih hereby covenant, promiie and agree, to and witli 
 the faid Samuel Soames, his executors, adminiftrators 
 and afiigns, well and fu fiiciently to repair and amend 
 the fame accordingly, except as aforefaid. 
 
 That Lessee shall use the Hay, ^c. on the premises^ 
 
 and spread the Ditvg thereon. 
 
 • 
 
 And alfo that he the faid C::icb Cro\v, his executors, 
 adrainillrators or afligns, Ihall and will during the con- 
 tinuance of this demife, ufe, andfpread on the faid de^ 
 mifed premifes all the hay and ftraw arlfing therefrom, 
 and all the compoil and dung which Ihall be mad« 
 thereby; (liall fpread and bellow upon the faid premifes 
 in aji hufoaud-like manner, fave only the compoil or
 
 394 • COVENANT. 
 
 diin^ to be made in the laft year of this dcniiic \\lnch 
 the faid Caleb Cro%i\ bis executors, admiuiilrators or 
 alii gns, Avail leave upon the laid preniife-j unto aiul lor 
 the faid Mary Alctix, or her ailii^ns, if then livnig, but 
 in cafe of her deceafe, to and for fuch other perfon or 
 peifons as fhall then be intitled to the freehold and in- 
 heritance of the faid premifes without being paid or al- 
 lowed any thing for the fame* 
 
 T^at Lessee shall fidloxv the LancU ciTid not vioiv 
 more than once a year. 
 
 Arid alfo that he the faid Caleb Croii^ hisexecutorf, 
 adminillrators or ailigns, fliall not cropor fow any pait 
 of the arable land which he hath liberty to iieep in til- 
 lage as aforefaid above two years together, but every 
 third year permit the fame to lie fallow and unfowi\, and 
 not crofs crop the fame or any part thereof; and when 
 and as it fliall be laid down, fliall and will fow the 
 fame with grafs feed in an hulband-likc manner, and 
 fliall not mow or caufe to be mowed any of tne mea- 
 -dow or padure ground hereby demifed more than once 
 in any one year of the faid term, but (hall and will dur- 
 ing the faid term plough, fow, manure, and manage alj 
 the ground hereby demifed in a due and regular courfe 
 of hufbandry according to the cuftom of the country, 
 and preferve all the trees, youngoaksand faplings grow- 
 ing on the faid premifes, and not do or comm-it, or 
 caufe to be done or committed any jnanncr of wafte, 
 fpoil, or dellru6\ion in or upon the faid demifed pre- 
 mifes or any part thereof. 
 
 .To iay devjnpartoftbe Ground ivitb Clo'ver, ^c^ 
 
 And alfo that he the faid Caleb Croiv^ his executors, 
 adminiftrators or afligns, Hiall and will the fummer pre- 
 ceding the cxpiratioii oi- other fooiier determination cf
 
 COVENANT. 595 
 
 this dcmlfL', fiimmer fallow acres of fucli part of 
 
 the aral)lc land hereby demil'cd as fluili he then in 
 courle in an hulband-like manner, fit to be fown with 
 a crop the enfuin^ leafon, and alio lay down with clo- 
 ver feed and ryc-grais acres more of the arable 
 
 land hereby demii'cd, which lluill be then in tiliai^e and 
 low u])on each acre thereof eit^ht pounds of the belt 
 clover i'^^Ld and luo buliiels of the bell rye gVafsfeed. 
 
 To permit Lessor to enter\ ^c. and culthatey ^V. 
 
 And lliall and will permit and fuffcr the faid Mary 
 Mt'itx or her ailigns, if then livin.i(, but in cafe of her 
 deceafc, fuch other perfon or perfons as Ihall then be 
 jntltlcd to the freehold or inheritance of the faid premi- 
 fes, lier, his or tiieir ailigns^v with fervants, horfes, 
 ploughs, carts and oilier necellaries, from and after the 
 
 day of next preceding the expiration or o- 
 
 ther fooner determination of this piefent leafe, to enter 
 into and upon fuch clofes and grounds part of the here- 
 by demifed premifes as by courfe cA the feafon ihall 
 tlien lie fallow and unfown, and the fame to plough, fal • 
 low and manure, at her, his or their free wills and pjea- 
 fures, and for that j^iurpofe to have and take the dui% 
 thattiliall be tiien in the yard or yards belonging to 
 the faid demifed premifes. 
 
 That Lessee may dispose of IJay and Stra^^a^ ^c. 
 
 And alfo that he the faid Caleb Crow, his executors, 
 adminillrators or aQigns, fliall and may as any time dur- 
 ing this demife, except ojily in the lad year thereof, 
 liave liberty to difpofe of any quantity of the hay and 
 ilraw arifmg from the faid prcmiies on bringhig and 
 laying upon the fame premifes where moil iiced re- 
 quires, one good load of rotten dung for ev«;ry load of 
 hay and Ilraw fo ibid and difpofcd of. ^
 
 596 C O V E N A N T. 
 
 JFrom Lessor to proDide Lessee Malerlals fo rcpnir. 
 
 And the faid Mary Meiix, for hcrfelf, her executors, 
 acfminillrators and aiiigns, dotii covenant, promile- aiVd 
 ao-rceto and with thsr laid Caleb Crow, his executors, 
 admiAiilrators and alTigns, by ihelc prefects ia manner 
 folloxving, that ibto l?.y, that Ihe the iVid Mary jVIcux, 
 or l.ei a/'; jj^ns,. during i'ueli part o{ the faid term as ilic 
 fliall happen to hve,' and tVom and after her deccaic, 
 fuch pel ion or perfons as fliall iVomthenccforth diTrin;^ 
 the then remainder of the iaid term be intitled tpthe 
 freehold and inheriuiifce of the faid premites, fiiairarid 
 wiii fioni time to time5at fcafonable times in the year, 
 .iipo!) every reofonable requcft, \^henandfo often as 
 need ihall reqyii-f, (hiring the continuance of this de- 
 'mife, find, provide for,^iind allow unto the {liid Caleb 
 Crow, his excuutors, adminiUrators, or afligns on the 
 
 faid demifed premifcs or within diilancc there- 
 
 fiom, necetBiry rough timber on the ilem, bricks, tiles, 
 and lime, for inch the repairs of the iliid melfuages or 
 tenements, out-houfcs and buildings hereby demifed, 
 together with the gates, fliles, pails, raih and fences 
 1i),elongnig thereunto refpe6li\eiy, as aforefaid, the faid 
 maieriais to be carried to the faicV demifed prcmifes at 
 the charge of the faid Caleb CrciVy his executor^ ad- 
 niiniilrators or afiigns. 
 
 That certain Trades shall not he exercised upon the 
 Premises. 
 
 And alfo that he the faid Joseph Jones, his executors, 
 adm.iniftratois and aiTigns, fiiall not, nor uill, during 
 the continuance of the faid term hereby granted, per- 
 mit or fuiTer any perfen or perfons, to ufe or follow in 
 or upon the faid hereby demifed mcffuage or tenement 
 and premifes, or in, or upon any part thereof, the trade 
 «f a chair-niuker, butcher, currier, foap-boiler, brev^^er,
 
 C O V E N A N T. 397 
 
 dirtiller, tril!o\r-cliancl!cr, fu[^ar-baker, tinman, plum- 
 ber, dyer, fiiiiih, or any iiaulcoub or offtnlne bulintfs 
 ^vh:lt^oever, w iihout the liceiife and conient of the laid 
 Somuil So unts^ his executors, admijiillrator.'s or af- 
 fis^Tis, full had and obtained in writiui^ lor that purpolc. 
 
 That Lessor shall pay the Taxes, 
 
 That lie the faid Simiicl Soavies^ his executors, ad- 
 mi^^aiorb and aliigns, Iha.l and will iVoni time to 
 tiawfand atail.times duringtbe laid term hereby grant- 
 ed, well and truly pay, or allow out of the rent hereby 
 relerved, all rates, taxes» duties, char!2;es and allelV- 
 ments whadbcver, that Iball or may be a'aelFed, char- 
 ged, rated or impofcd on the find hereby demil^ed prc- 
 mifes, or any part thereof, and thereof and therefrom 
 fuve harmlefs, and keep n)deninified the laid Joseph 
 Joju's, his executors, adminiUrators and ailigns, and 
 alio his and their lands and tenements. 
 
 Covenants to reneiv a Lease. 
 
 And further that the faid church- wardens of t!ic faid 
 church as aforefiid, or their lucceirors for the time be- 
 ing, iliall and will at the cofls and charr^cs of the faid 
 Jo/jfi IlolmcSy his executors, aciminiibators and afllgns 
 (if thereto requcilcd by him or them, 11^ months befoie 
 the expitjation of the tern) hereby deuiifed) grant ano- 
 ther leafe of the aforclaid [jremiu-'s lo the faid John 
 Holmes^ his executors, adminillratorb or alliens, for 
 
 the further term of years, to commence from the 
 
 expiration of the term hereby granted thereof, at and 
 under the fame yearly rent, and containing therein the 
 like covenants and agreements, as are in thefe j)refrnts 
 contained, he the faid./(3/j////c;/;;;t'5,his executors, ;iflmi- 
 liiift-rators, or afligns, e^cQuting at the funic time .a
 
 5?8 C O V E N A N T. 
 
 counterpart thereof, and alfo paying- the fum of > 
 
 dollars to the laid church- wardens for the time bting, 
 ovi lat'ir exccutiiig fi.eh new leafe : And alfo tii.it the 
 faid church-wardens, or their fucceirors foi the time 
 beinj^, Ihall and will in like maimer on the expiffttion 
 offach new leafe, fo to be granted of the laid j^rennftts 
 SIS aiorefaid, at the like requeil, coltb aijd charges of 
 the fdid jfobu Holmes, his executors, admmiftrators 
 end aaij^ns. tyrant a fuither ieafe of the fame prem:fes» 
 to the faid John Holmes, his executors, adminiilrators, 
 
 or aliiifus, for the further term of years, to .j||p^- 
 
 luence from the expiration of fuch new iniended^ile, 
 at and under the fame yearl}- rent, covenants aid :'gree- 
 lueiUs as^are in thefe [)refents contained, ard fo from 
 time to time, on the expiration of every fuch renewed 
 leafe of the faid premiies, iliall and will at the like re- 
 quell, colls and charges, grant a'like leafe thereof to the 
 laid John Holmes, his executors, udminiilrators or af- 
 
 ii[^r>s, for the further term of years, to commence 
 
 JTom the expiration of every fuch laft reiiijEwed leafe, 
 
 until the full term of years, to be computed fiom 
 
 ihe commencement of this prefent leafe, ihall have 
 been granted of the faid premifes, to the faid John 
 Holmes, his executors, adminiilrators or alfigns, by 
 luch fucctfiive Icafes as afgrefiid, he the faid John 
 H<>imes,his executors, adminiftrators or aflio:ns, always 
 paying the fum of — dollars, unto the faid church-war- 
 dens, or ti-ieir fucceffors for the tim.e being, on their 
 granting every fuch reriewed or further leafe of the 
 faid premifes as afortlaid, and alfo at every fuch lime 
 or times executing a counterpart and counterparts 
 thereof. In vvitnefs, Sec. 
 
 That Lessee shall pay the Rent and all the Taxes. 
 
 And the faid Josef b Jones doth hereby for himfelf, 
 te executor, a(im:mft raters and afligns, covenant;,
 
 CO V E N A N T. 3S» 
 
 • 
 promrfc and agree, to and with the faid Samuel Smack, 
 ))is i.xecutors, adminiUratorsi and alligjis, by ihclt- pre- 
 Iciitb, in luajuier and Ibnn following, that is to lay, iliafc 
 that he the i'liid Jom'oh Jon(ss^ his executors, admini- 
 ilrat<if*i or ailjgns, Iliall and will yearly and every year, 
 du-in^ \\vi continuance of the faid termherei^ydcmifcd, 
 A\ell cind truly pay or caufcto be paid uwto the faid 6V:- 
 mud .yn/<7f/', hiiS executois, adminiftraiors or ailigtis, 
 
 the laid yearly rent or fum of dollars, ofi the fe- 
 
 veral days and times, and in mhnner and form as the 
 fame is hereinbefore rcferved and made payable ; and 
 alfo (hall and will well and truly pay, or caufe to h& 
 paid, all tlie taxes, rates and aifelhucnts uhauoever, 
 which now arc or niall,or mayatany timchercafLcr,dur- 
 inj^ the contini'.ance of thq faid term hercl;y dcmifed, 
 be rated, taxed, cliarged or afrcired,QU the faid dcmifecl 
 prc;uifei, or any part thereof. 
 
 Not to sufer any Nulsajice. 
 
 And tliat he tlicfaid R'lon Cliffy his executors, ads- 
 irtinillrators and ailii^ns, ILall not, nor will durini]^ the 
 iaid term hereby granted, permit or fnfTcr any perfon 
 or perfons to ufe, exereife, or carry on, in, or upon the 
 faid hereby demifed premifts, or any part thereof, any 
 trade or bufinefs \\hieh may be naiifeous or ofTcnfivCjOF 
 grow to the annoyance, prejudice or dillurbance of any 
 of the other tenants of the faid Mary Bcw near ad- 
 joining thereto. 
 
 To insure the premises from F'ln?^ and to rebuild in 
 case of Damage. 
 
 And that he the faid Rion Cliff, his executors, ad. 
 xninillrators anrl adic^ns, fludl and will, at his and their 
 own proper coils and charges, from lime to time fuf 
 
 I
 
 400 CO V E N x\ N T. 
 
 ficiently infure all aiul everv the melTuns^es or tene- 
 ments, ereclioiis or biiiidings which fiiiili be ereclcd 
 and built upon the faicl pieee or parcel of ground litre- 
 by demiied, or any part thyreof from cafuaities by tire, 
 during the then reiliainder of the fiiid teri-n hereby 
 granted, in fome or one of the public oBiccs kept for 
 
 that purpofe in , and in cafe the faid meffni'^es or 
 
 tenements, ere61ions or buildings, or any of them, or 
 any part of any of them, lljali at any time or times dur- 
 ing the faid term be burnt do^vn, dellroyed or damaged 
 by fire,* fnall and wiii from time to time immediately 
 afterwaids rebuild, or well and fuHiciently repair the 
 fame. 
 
 To Build. 
 
 And that he the faid Rion Cliffy his executors, ad- 
 miniftrators, and afiigns, fliall and will before the e\])i- 
 ration of the firft year of the faid term hereby granted, 
 at his and their own proper coils and charges, ercfSl", 
 build, complete and in a workmanlike manner, iinilh 
 one or more good and fubilantial brick m.eluitiges or 
 tenements, upon fonie part of the ground hereby de- 
 mifed, and Ihali and will lay out and expend therein 
 the fum of dollars or upwards. 
 
 From AsrAgner that neither he^ his Intestate, n*- any 
 other Person^ hath done any Act to incui: Sc. 
 
 And the foid John JFatts^ for himfelf, bis neirs, exe- 
 cutors and adminiUrators, dodi covenant, pi omif:\ and 
 agree to and with the faid James Turn, his executors, 
 adminillrators and aifigns, by thefe preicnts, in manner 
 following, tiiat is to fay, that for and notwithftandirg 
 any act, matter or thing by him the laid John lVr>ttSy 
 •r the faid Penelope Hill, JFiliiam PFattSj of — -, and
 
 COVENANT. 401 
 
 JVilUam JVatts^ the gi.ti.ci nephew or any or either of 
 thcni. :nadc, done, co»iin\iited, or wittini^iy or willing- 
 ly, fathered to the couiiaiy, the laid recited indenture 
 
 of icafe or dtmife of the day of , is at the 
 
 time of tlie feahii^ and delivery hereof, a gjod fubhll- 
 inij and fufficicnt leafe, vahd in the law, of and loi the 
 premifes thereby deniifed, and not forfeited, futrender- 
 ed, or become void or voidable ; and that he the faid 
 John JVcitts, now huth in himfelf, .giv^d right, full pow* 
 er, and law fid authority to i^rant, aflitj^n, and transfer, 
 releafe, ratify or con{i>m, all and hn^i^mar the premifes 
 mentioned or intended to be heitby aflij^iied, with the 
 appurtenances, unto the faid y'lints Tiirfiy his execu- 
 tors, arimi liflrators and aflis^ns, in manner aiul fomi a- 
 forefaid, and according to the true intent and meaning 
 of thcfe prefcnts. 
 
 J^rom Grantor that he has j^ood fight to grant and 
 
 convey. 
 
 And the faid Thomns Half, doth hereby for himCelf, 
 his heirs, executors and adminiftrators, covenatU, pro- 
 inife, f;rant and aj^^ree to and with the faid Ldmund 
 Ga/c\ his hei's and affisrnii, in manner fo'Iowinp^, that 
 is to Tiy, that he the faid Tbo7nas Hrll^ now hath in 
 himfc'.fgood right, full power, and lauful and abfolute 
 
 authority to grant and convey the faid , in maa- 
 
 ncr aforcfaid. 
 
 That the Grantor is seised in fee simple^ ^c. 
 
 And that he the faid fHn Giles, now is, at the time 
 of the fealing and delivery of thcfe prefcnts, lawfully, 
 riajhtfully and abfolutely fcifed of and in, or well and 
 fufficiently intitled unto all and fmgular the faid melTu- 
 ap^es, farms, lands, hereditaments and premiR s, here- 
 inbefore mentioned and del'ciibcd, with their and every 
 of their rights, members, and appurtenances, of a good.
 
 Aot C O V E N A N T» 
 
 fure, perfe^l,, alifolute and indeft- afible eftate of inher* 
 itanee in lee limple, Tvithoutany iiiauiier oi condition, 
 trud, power ot revocation, remainder, or iiniiiation of 
 an} ule or ules, or other rcilraint^ matter or thing \\ hat- 
 Ibevcr, to aher, change, charge, defeat, incumber, re- 
 volve or make void the fame ; and that for and notwith- 
 ftandiiigaii}- fuch a6\, deed, matter, or tiling whitifoe- 
 Ver as aforefaid, he the find fi^in Gijes, now at the ftal- 
 ingofthefe prefents, hath in himteif good right, full 
 power, and lawfnl and abfoiute audioriiy, to give, grant 
 and confirm the iliicl annuity, yearly rent-charge or an- 
 nual film of dollars, unto the faid .4i tbur Ayrcs^ 
 
 his executors, adminiftrators and jifiigns, for and dur- 
 ing the term of the natural life of him the faitl Win 
 Giic'S, and alfo to demife and grant the faid meffuagcs, 
 farms, lands, hereditaments and premifes hereinbefore 
 mentioned and demiied to the faid Betsy Blocm^ her- 
 executors, adminillralors and afiigns, for the term of 
 — — years, as aforefaid, upon the trulls hereinbtfore 
 mentioned. 
 
 ^C?" The covenants ufual^y entered into by a vendor, 
 feifed of the inheritance, are 1ft, that he is feifed in 
 fee : 2dly, that he has power to convey : Sdly, for 
 quiet enjoyment by the purchafcr, his heirs and afiigns: 
 4thly, that the lands fliali be holden free from incum- 
 brances : anil laflly, for further alTurance. The five 
 covenants are fever^l and diftir6l, but the firft and fe- 
 cond of thtra are fynoncmous ; for if a man be feized 
 2n fee, he has pow er to feU. Biit the converfe cf this 
 propolition is not univerfally true. A man having 
 merely a power to appoint an eftate cannot be faid ta 
 be feifed in fee of the eftate, although he has a right to 
 convey : And accordingly, in cafes of this nature, Jt is 
 iifual to omit the nrft covenant, and to infert a cove- 
 nant, that the power w as well created, and is not fuf- 
 pended or extinguiOied. Sec Siigdcn^ ^1^. .
 
 COVENANT. 403 
 
 Trom Assignee that be ivi/I Toitb all cownenlcnt speed 
 get in the BdnkrupL''s Effects ^i:^c. 
 
 And the fakl John Trest, for himfclf, his heirs, c!:e- 
 eiiiors, aiid adniinillrators, doth covenant, promife and 
 agree, to and with the laid commiirioners, parties liere- 
 to, ilieir executors and adminiflrators, and to and with 
 pv; r\ oUbem, b)' fhefc prefcnts, that he the faid John 
 Jl'cst^ his executors and a(hvinr.lliat«jrs, lluill and will. 
 With all convenient fpeed, by all lawful ways and means 
 wlkiifoever, ufe his and their heft and utmoft means 
 and endeavors to receive, recover and get polfeflion of 
 the effcQs of the faid John Child, unreceived and not 
 difpofed of; and flj:dl and will from time to time, with 
 all convenient fpeed, after receipt and poffeflion had 
 and obtained of the fame, or any part or parcel thereof, 
 rutke fale and difpolition thereof for the mod and belt 
 value he or they can c^et for the fame ; and alfo flialL 
 and will from rime to time, and at -dl times hereafter, 
 upon requelt and reafonable notice, render and g've 
 unto the faid commifiioners, parties to thefe prefents, 
 or the m^ijor p;irt of the commiliioners, by the faid re- 
 newed eommifiion, or any other renewed commilTiori 
 authorifed at fnch time and place as they fliall appoint^ 
 a j'lft, true, fair and perfect account in writing;, u^nlec 
 the hand or hands of the Hdd John IVcjt, his executors^ 
 and adminiftrators, of what and how much money or 
 other fatisf ic\ion he or they lliall have recovered and 
 received by virtue or means of this prefent deed of af- 
 fic::nment or ot.herw!fc,out of the eftate and efil'6\s of the 
 faid John Child, and fuch monies, or other llitisfacl ion 
 as upon fuch account or accounts ihall appear to be 
 liad, tccbvercd and received by him the fiid John IVcst^ 
 his executors and adminiitrators, as aforefaid, he the 
 faid John West, his executors and adminiftrators, fliall 
 and w^ill, well imd trulv pnv or caufe to be paid unto 
 the faid commiflioners, parties to thefe prefents, or the
 
 4(54. COVENANT. 
 
 niiijor part of the conimiflrioner& by the faid renewed 
 commjlhon authoriled, to the ena ihc Hunt may be by 
 iheni, or the major jniri of them, ouiertd, clifpcftd, 
 dilli ibiittd, iiividtd and fct over unto and anions.,it him 
 the faid John fVi'St'dn(.\ fuch other creditors oi the faid 
 John C£>//d, who have ahcady foiis^ht or iliall htreaiter 
 in due time come in and (cek relief unc er the fa;d com- 
 miiiion, according to the true intent and meaning of the 
 Hiid Itatutes. 
 
 To indemnify Commissioners of Bankrupt. 
 
 And lallly, the faid John West, for himftlf, his heirs, 
 executors and adminiftrators, doth further covenant, 
 promife and agree, to and with the faid commiflioners, 
 parties hereto, their heirs, executors and adminiftra- 
 tors, and every of then), by thife prtfents, that he the 
 faid John IVcst, his executors and adminiftrators fliall 
 and will from time to time, and at ail times hereafter, 
 well andfufficiently fave, defend, keepharmlefs and in- 
 demnified, all the faid commifiioneis in and by the faid 
 renewed commiflion named aj\d authorifcd, their heirs, 
 executors and adminiftrators, and every of them, their 
 and every of their lands, tenements, goods and chattels, 
 and their ^s:ents, of and from all and all manner of ac- 
 tion and a6lions, fuits, arrefts, troubles, cofts, dama- 
 ges and expenfes whatfoever, which they or any of 
 them fhall or may fuftain or be put unto, for or by rca- 
 fon of this prefent deed of afiignment, or any other a6l, 
 matter or thint^c whatfoever, by them or any of them 
 lawfully done or executed, or to be done or executed 
 by virtue of the faid referved commilTion, or their or 
 any of their lawful intermeddling in any of the efFc6ls 
 of the faid John Child^ in execution of the faid com- 
 miifion.
 
 C O V E N A N 1\ -405 
 
 From Creditors to accept a Composition, av.d to in- 
 dcvuiij'y^ ^c, 
 
 . And laflly, the faid ftrveral creditors, parties to thcfe 
 prefcnts, every ol" liiem covciiaiitiiig leparalcly anda- 
 part, lor himlelf, his refpe6\ive heirs, executors and ad- 
 miaillraiurs, do ilverally covenar.t, promife and agree, 
 to and u ilh the laid Jo.bn Goss, party hereto,, and Ho- 
 tert Cass, tlicir executors and adniinillrators, to and 
 vviiii each and every of them by thcfe prefcnts, that 
 they the lame fevcral crechtors, their executors and 
 adminillrators, Ihail and Avill accept, take, and receive, 
 of and IVom the fan^.e Jobn Goss, his executors and ad- 
 minillrators, the leveral fums of money, at and againft 
 the refpeclixe names of them the laid creditors, fet 
 down and exprelled under thefe prefents, being after 
 
 the rate of cents in the dollar of their refpedive 
 
 debts, in full iatisfac\ion and (hfch;vrge thereof, to be 
 paid at iuch days and times, and in inch proportions as 
 are hereinbefore mentioned and exprelled : And that 
 from and after payment of the faid compolition money, 
 they the i\ik\Jo/j/i Goss, party hereto, and Roba t Goss^ 
 their refpec\ive executors and adminillrators, Ihall 
 fland and be forever releafed, acquitted and difcharged, 
 by thefe prefcnts from all and every fum and fums of 
 money, delits or demands due or owing by them or 
 either of them, to their faid fevcral creditors, or any of 
 them, from the beginning of the world to the dny of 
 the date of thefe prefcnts. And further, that foiaf- 
 much as the faid Robert Goss, at the inllance of his 
 faidcreditois, hath by thefe prefcnts atligned and trans- 
 ferred to the faid John Goss, party hereto, all his ynwt 
 ellate, and part of his feparate ellate, and hath agreed 
 to convey the rclidue of his feparate ellate in the manner 
 hereinbefore exprelTed, they the laid leveral creditors, 
 their refpc^live exer.utors or adminillrators, Pnall and 
 will indemnify and lave harmlefs the faid Robert Goss^ 
 his heirs, executors and iidminiftfiUprs, gf, hvni and
 
 406 ^ eOVENANT. 
 
 againll allfuchcofts, cli.ngTs, damagts, and expcnfcs*, 
 as iViv-di or niay in cafe oi any dciauit oipa) nu'nl by the 
 faid f'hn Goss^ his heirs, oitcutors or udmnuitiacors, 
 be recovered againft, or be fuiiai'ued, expended or be- 
 €ome piyabse by hi;n the laid Robert G'y.v5,his htiis, 
 execi; •' - or acimiiiiltrators, in any ac\ion or fuit,\vbit'h 
 may iieicjfier he commenced, fued oc profecuted by 
 tbem 'ihef.iid creditors, their executory or admini{liu% 
 tors, wi u.v of tiiem, for the recovery of any debt oX 
 debu loiheai relpedlivciy due or ouini^. 
 
 That Mortgagor till default may enjoy. 
 
 And laftly, it is agreed by and between the faid par^ 
 ties to thefe prefents, that until default Ihaii be made, 
 
 of or in payment of the faid fum of doihus, con- 
 
 trarv to the covenant or conditions aforcfuid, it ihall 
 andmay be lawful to and for the faid Richard JVren^ 
 his heirs and affipcns, peaceably and quietly to hold Hud 
 enjoy the faid meduatres, &c. a: id all and fmgular other 
 the premifes, with their appurtenances, and receive 
 and take the rent, iffues and profits thereof to bis and 
 tkeir own nfe and ufes, without any let, fuit, trouble, 
 denial or interruption, of or by the faid Peter Coles, his 
 executors, adminiftrat.ors or afiigns, or any perfoft 
 siaiming or to claim under him or them. 
 
 From Grantor to pay an Annuity frscf cm Taxes, 
 
 And the faid Abner .4pp. fnr himfHf, his heirs, exe- 
 cutors, admini(lratorsand'an-£2:ns, doth covenant, grant, 
 and agree, to and with the faid Bion BeruL his execu- 
 tors, admisnih-ntorsand afT.o^ns, hy thefe ]>renM-its, that 
 he the fai(i Abner 4pp. h's executors, adnViniftrators 
 oraiup:ns, or forne or ore r>f <liPm, ?\-^-\V> and will well 
 ajid truly pay., or eaufe to be paid unto the faid Bm
 
 C O V E N A N T. 407 
 
 X^end, His executors, adiv.iniftrators or alTc^s, for and 
 diKini^- all the rcduc and rcuii-^indcr oi iiic IdidWrm 
 of — years, in ynd l)J the laid recited in cntiiit ol Icafe 
 dcmilcd as ah.) .e laid, uluch arc now to come and unex- 
 pired, Liie#ui(i aiinuiiy, or }vaily ici'.toi' dollars, 
 
 on the fevcral and rel'i)t6live da\ s and times, and at the 
 phic'c above limited and appointed Cor payment thereof, 
 without any delalcation or abatenieut, lor or by realbii 
 of liny taxes, chaiges, ail'tiimeiits, or other matter or 
 ihing whatlbcver. 
 
 From the Assignor ^ that the Arwuity has not been 
 paid for th> cc years. 
 
 And the faid Francis Fish, lor himfclf, his heirs, 
 executors and adminilbators, doth hereby covenant, 
 promife and agree to and with the faid James Jones, his 
 executors, adminiilrators and afiij^ns, in maimer lol- 
 lowinaj, that is to fay, that no part of the faid hereby 
 conveyed and affip^ned am uity or yearly rent-charge, of 
 
 dollars hath been paid to, or received by him the 
 
 faid Francis Fis/j, lor upwards of three years laft paft. 
 
 To cowoey a Life Fsfate^ 
 
 And in order fully to effe^l:uatc fuch further part 
 fefthe propofal and as^reement aforefaid, as on the part 
 of the faid Robert Go^s, rem;iir.s to be performed; the 
 laid Robert Goss^{o\ himfllf. his heirs, executors and 
 iidminiltrators, doth covenant, promife and agree to ai^d 
 v.ilh the faid John (In ':*^ \>:ir^y hereto, hisexfcutors 
 and adminiilrators, by thrfe prefents, that he the faid 
 Robert Goss^ fliall and will as fnoli as convenienth frray 
 be, by fuch good and fufficienT ron\eyances and afiiir- 
 ances in the Ian-, as enuniel Ihall advife, c®n\(y and 
 ftlVure, the laid mgietv or half part, whereof he is ixow
 
 408 COVEN AN T. 
 
 feifed as aforcfaid, of and in the faid feveral mcfTuages, 
 "wharves, lands, tenements, and Ivireditaments, late the 
 ellate of the laid John Edes, fitiiate, lying and being \\\ 
 
 the faid counties of and , fiibjeft to tiie ef- 
 
 tate and interell of the ^ivA Eliza Ecles tJ-ferein, unto 
 and to the uie of the faid John Goss, party hereto, his 
 heirs and afiigns, for and during the term of the natural 
 life of him the faid Robert Goss, without impeachment 
 of waile. 
 
 I^ro?n the Husband that the Wife shall enjoy her Jcvj' 
 
 els^ ^c. 
 
 And in purfuance of the aforefaid agreement, on the 
 part of the faid JVm Jones in that behalf, he the faid 
 IVin Jones, for himfelf, his heirs, executors and ad- 
 niiniilrators, doth covenant, promife and agree to and 
 "with the faid /cJ/^/z Back and Thomas Ham, their heirs, 
 executors, adminillratorsand afiigns, by thefe prefcnts, 
 that in cafe the faid intended marriage Ihall take efit 61:, 
 it fnall and may be lawful to and for the faid Mary 
 Jiack, from time to timt, and all times during the joint 
 lives of them the faid JFin Jones and Mary Baek, to 
 have the pofTeifion and enjoyment of all the jewels, dia- 
 rnonds, watches, rings, and other ornaments of herper- 
 fon, which flie is or Ihall hereaf'er be poficfied of; and 
 alfo all the plate which flie is now or hereafter may be 
 poflefled of, and to fell and difpofe of the fame, or any 
 of them, or any part thereof re fpe61ively, to fuch per- 
 fon or perfons, and in fuch manner as flie fliall think 
 proper, notwithftanding the faid intended coverture, 
 and as if flie was fole and unmarried. 
 
 From Husband to secure by Will to his JVife^ a suit' 
 
 able House, l^c. 
 
 And for the confiderations aforefakl, he the faid Na-* 
 than Nichohj for himfelf, hib heirs, executors and ad-
 
 COVENANT. im 
 
 li^iiniftrators, doth covenant, promifc and agree, to and 
 \vii.h the laid Tomkms Dew and Matthew Duii^ lh,ir 
 heirs, executois, adminillrators and al\igns, by thcte 
 prefcnts, in manner rollo\\ing, that is lo lu\ ; thai in 
 cafe the faid intended marriage Ihall take efflcl, and die 
 faid Henrietta Merit, Ihall happen to furvivc du Uiid 
 Nathan Nic/jols\ he the faid Nathan Nichols Riall, Uy 
 his kill will, leave to or othe^^vife fecure for, the faid 
 Henrietta Merit, during her hfe, and to take eft'c 61 
 from the deceafe of the faid Xut/xui Nichols, the ufe 
 
 of a proper and fuitable houfe in , and alfo the ufe 
 
 ofall nccefrary and proper houfehold goods, furniture^ 
 plate,' linen, china, and other things neecflaiy for funi-. 
 
 idling a houfe, to th€ value of dollars, whieli llie 
 
 fliali enjoy during her life, without paying any rent or 
 odier confideration for the fiime ; and that in cafe the 
 faid Xathan Nichols, Ihall not by his lail will leave to, 
 or otherwife fecure for the faid Henrietta Merit, dur- 
 ing her life, the ufcoffuch houfe and houfehold goods, 
 furniture, pUue, linen, china and other things neceffa- 
 ry for furnilh^iig a houfe to the value of — dollars, 
 and which (lie fliall enjoy during her life, without pay- 
 ing any rent or other confiderations for the faid houfe, 
 furniture, houfehold goods, plate, linen, china, and o- 
 thcr things, the heirs, executors or adminiftrators of 
 the faid Nathan Nichols, dial!, at their own expenfe, 
 cotls, and charges, wathin the fpace of six caleidar 
 month'=5, to be corfiputed from the rime of the death oS 
 the faid Nathan Xichoh\ provide for the faid Hrnriet- 
 ta Merit, for the term of her life, fuch houfe and fucU 
 furniriire, houfehold n^oods, plate, china, linen, and o- 
 ther thhr^s, and to fuch value as aforefaid, without her 
 being fubjct\ or liable to pay any rent or other confide- 
 ration whatfoever for the fame. And alfo that he the 
 fliid Nathan Nichols. (\vJi\\, by his laft will and tefta- 
 me'i'^ in M ritii-'g;; leave to, or othcrwif^ fctmrc for th^ 
 laid Henrietta Merit, abfMn^°ly and for her owu ufe, 
 
 [52]
 
 4i(l C O V E N A N T. 
 
 from the time of the dcceafc of him the faid Nathdh 
 JV.c,Ools^\'d good, decent, and proper coach, and a pair 
 oi i^ood and proper coach-horfcs, for her own ui'e and 
 benefit ; and that if the faid Kathan Xichols Ihall not 
 by his will leave to, or othervv ife provide for the la'ul 
 Jiimrieita Merit, fuch a coach and pair of horfes for 
 her ovvn life and benefit, the heirs, executors or admi- 
 li'li. ators of him liie faid Nathan Nichols fliall, within 
 tlv. fpace of three months, to he compnted from the 
 time of hifa deceafe, at their own cofts and Charlies j 
 provide for the faid Henrietta Merits fuch co.xh and 
 p.i'.r of horfes for her own ufe ; but the faid Henrietta 
 Mart: ihali be obliged to keep the fame at her own ^x- 
 pt'ilf. And likewiie that he the faid Nathan Nixkols^ 
 \ri>^ n( iis, executors, or adminillrators, fi-ail, within the 
 fprfC> of My ^/'yf months, to be computed from the day 
 oi liie foicmnizationof the faid intended marriage, give 
 to tlie faid Henrietta JSlcrit^ jewels and diamonds to 
 
 the value of — dollars, including thofe he has alrca- 
 
 <]y given her, and that the faid Henrietta Merit-, fliall 
 hoic! and enjoy fuch jewels or diamonds during her 
 life, for her o\\ n fole, peculiar and perfbnal ufe, without 
 being fubje^t to the debts, controul, difpofiil or en- 
 gat ements of the faid Nathan Nichols^ or of any perfoii 
 or perlbns claiming under him ; and that after her de- 
 ceafe the fame Ihall c:o and belonp- to t**ie children or 
 child of the body of the fLiid Henrietta Merit, to be be- 
 gotten by the faid Nathan Nichols ; but if there fliall 
 not be any fuch child living at the time of the death of* 
 X\vf laid Henrietta Merit, the faid jewels and diamoiids 
 ilinll, immediately after her deceafe, go and belong to 
 the faid Nathan Nichols, his executors, adminiftrators 
 or afiigns. /" nd moreover, that all the houfehv-'d p-oods, 
 fur- ;rurc, plate, pi6lures, linen, china, and orraii^<nts, 
 "^bich the faid Henrietta Merits is at prefent poflVfTed 
 of fball. In c:.fp Oic flioll fui vive the iiiid Nothun Ni- 
 rhols^ go and beioug abfolutely to her, and be at hf f
 
 COVENANT. i\\ 
 
 t-)\vii difpofal. And alfo, that he the faid Nathan Ni* 
 choh iliail not carry the Iliid Hcnrutia ALrii^ out uf 
 the United States, without hei own tree coiiicut, lo ue 
 tellilied by Ibme w riting hgnecl by her, with her ou ii 
 hand, and' attclled In' two w ilncllcb ; and likevviie, mat 
 in cafe the fuid Nathan Nichols lliall at any tJTr.e or 
 times ij;o out ol" the United Stules into any otlHi [.an of 
 the woi-ld, he Ihall aUow the luul Iknrictt.iMcrit, lor 
 her fupport and maintenance, the clear fum of 
 dollars, yearly and every year, durnig luel^ ume a^ lie 
 tlie faid Nathan Nichoh,\\\A\ be or refide out of the 
 United States, and after that rate for c\ ei y greater or 
 lelfer time than a year, that he the laid Xathan jYichoh 
 fhall be or rehde out of the United Slates ; and that 
 the faid hereinbefore named truftees, their executoi s, 
 adminiftrators and alligiis, (hall and may pay the li\me 
 half yearly on die first days of "January and June in 
 every year, by equal and half yearly payments, out of 
 the rents and profits of the faid freehold and leajehold 
 eltates, and out of the JRtereil iind dividends of the faid 
 
 capital fums of dollars, and dollars, and 
 
 each of them ; but neverthekfs, without prejudice m 
 
 the payment of the faid yearly fura of dolkrs, the 
 
 firft payment thereof to Idc made on fuch of the faid lail 
 mentioned davs as fliall happen next and immediately- 
 after the laid Nathan Nichols fhall ^o out of the ^Unit- 
 ed States ; and further, that in cafe the faid Xathan 
 Nichols, fliall have any children or child by the faid 
 Henrietta Merit, he or the faid trufti cs fliall pay to 
 the faid Henrietta Merit, out of the faid freehold and 
 leafehold eftates, and the inlerell and dividends of the 
 faid capital fums of — — , and , but vithout pre- 
 judice, as aforeliiid, the further clear yearly fum of 
 
 dollars, during fuch time as he fliall be or rcfido 
 
 abroad, and to be paid at the times and in the manncc 
 ^forefaid.
 
 iU C O V E N A N T. 
 
 Of ivifc t(^ accept tbd pnscnt Pro'visio?!^ in satisfanc 
 tioi! of JJu-ivcr. 
 
 And it is declared and agreed, by and between all the 
 faid parties to iht I'e prefents ; and the laid Esthar LcUs^ 
 doih hereby conient and agree to accept and take the 
 proviiion beJoit made lor her, in and by thele prelents, 
 for her jomturc, and in lieu, bar, and iuil iatistadtion of 
 ail fuch douer and thirds at the commoji law, or by the 
 cullom oi any manor which llie could or might have 
 had, claimed or been intitled to, out of, 9rfroiri any of 
 the lreeh(;ld or cuftomary manors, lands, tenements, 
 or hereditaments, wliereof the {i\k\J ohnVarniim now is^, 
 or at any tinxe during the laid intended coverture be- 
 tween them, lliaJl be leifed of any eitate of inheritance, 
 and alfo in bar and full fatisfadion of all fuch part or 
 iliare of the peifonal ellate of the faid JoLn Varninn^ 
 which Ihe the faid Esther Ldts may claim or be inti- 
 tled unto b} virtue of the ft<itutc for the diibibution of 
 inteRates eftates, in cafe the faid John Farnmn lliail 
 liappen to die intellate, 
 
 ^hc Niub and binds himself to the performance of co^ 
 
 lien ants. 
 
 And for the further and better fecuring the perform- 
 ance and obfervance of all and every the covenants, 
 claufc s and agreements thereinbefore mentioned and 
 contained, on the part of the faid John /ow^i', his heirs, 
 executors and adminiftrators, to be done, obfervcd and 
 pe-formed, the faid John Jones doth hereby firmly 
 bind himfelf, his heirs, executors and adminiftrators, 
 and every of them, unto the fnid Thomas Dcw^ and 
 Matthew Dun, and the furvivor of them, and to the 
 executors and adminiftrators of fuch furvivor, in the 
 
 ium of • dollars firmly, by thefe prefents, to be paid 
 
 to them the faid Thomas Dew and Mattkew Dun., or 
 to the frrvivor of them, or to the executors or adinin^ 
 gratgrs of fugh Curvivgr.^
 
 p £ C L A R A T I O N/ AU 
 
 ^Declaration^ 
 
 €// Trust :n respect to an Annuity Bond. 
 
 To all to whom theic prcfeiits flmll conic, ILriry 
 
 Prince, of , Icndeth Grcctini; : Whereas by a 
 
 bond or obligation, in \vritin.i]j, bearinpj even date witU 
 thcle prtftnts, in conlkieration oi' the- Iiiin of dol- 
 lars, mentioned to be paid by the laid Henry Prince 
 
 to Henry IlugbSi, of , he the faid Henry Hughes 
 
 ib become bound to die faid Henry Prince, in the pe- 
 nal fum of — ^ dollars, uiUi coiidition thereunder 
 %vritlen, for making void the fame, on payment by the 
 faid Henry Hi'ii^hes, his heirs, executors or adminiura- 
 tors, to the faid Henry Prince, his executors, admini- 
 Itrators or afiiiifus, of a clear annuity or yearly ium of 
 
 dollars, by half yeorly payments, on the day 
 
 of , and the d;.iy of , in every j ear dur- ■ 
 
 ini; the life of Mary Miller, wife of 1 homas Miller^ 
 of , by equal j)oriioiM>, the firit half yearly pay- 
 ment thereof to be made on the day of next 
 
 enfuingthe da+e of the faid obligation, and of thefe pre- 
 fehts, with a proportionable pan of the faid annuity or 
 
 clear yearly fnni oi dollars, for fo miniy days as 
 
 lliall have elapfcd from the lall half yearly day of pay- 
 ment nextpreeedin::: the deceafe of the faid Mary Mil- 
 ler up to the day of h?r death, as in and by the faid 
 reeited bond nv the condition thereof, relatiovi behtg 
 therenntc* had, mav lippear : Ar.d whereas the f:iid fuiu 
 of — — (Jo1!r.'«. me;-»tio!!cd to be paid by the faid Henry 
 Prince, to the laid Henry Hii,^hes as aforefr!id,was 
 part of the fev?nrare fortune of the faid Mary j\[iller, 
 and "h(" laid annuity or yearly fum of -: — dollars, was 
 int^.fidefl to be (V'cnred^ to be paid to the faid Henry 
 Piii'XC, his execulorsj adminillrators and affigns, due-
 
 4U PEGLARATION. 
 
 jng the natural life of the faid J/jrjy il/c7/(?r as afore*. 
 lai!.!, intruiifor the folc auci fe^jarate uie, benefit and 
 clilpoiai oi ihefaicl Mtiry Miller y notwithitanding her 
 coxerture m ifian'cr iieieiiiaiter mentioned: iNOKknovv 
 ye,rhat xXx^txi'lHenry Prince tor himfelf,his heirs, exe- 
 cutors and aclniinillratois, dotn hereby declare and a* 
 gree, that ht; the faidJ•/c'/^r^/'ri7^£•d•, his executors, ad.nini- 
 Itrators and aiiigns, Ihall and \vih iland aiid be poireifect 
 of, ^^^(^ intereiled in, the ll\id annuity or yearly fum of 
 . dollars, iceured by the faid recited bond or obliga- 
 tion as aforcfaid, upon trull, from time to time to pay 
 the fame when and as the fame Hial^be received to 
 fuch perfon or pe'rfons, and upon fuch trufls, and for 
 fuch intents and purpofes on!y, as the faid Mary Mil-. 
 jej\ by any writing or vmtings under her hand, flial], 
 notwithllinding her coverture, and as if- flie was folo 
 and unmarried, dire6l or appoint, and for want of fuch 
 dire6lion and appointment, to pay the fame into her 
 hands for her fole and feparate uie, benefit and difpofal, 
 excluuve of, and without being fubjecl to the debts 
 or control of her faid huiband, and for which the re- 
 ceipt or receipts of the ididMary Miller alone, or of fuch 
 perfon or perfons as ihe Ihaii from time to time direct 
 or appoint to receive the f^me. (hall notwithflanding 
 her coverture, be a good and fuiiicient difcharge or 
 liifcharges. In witnefsj Cxc, 
 
 Of Trust of Purchase money. 
 
 To all people to whom tliefe prefents fnall come, 1 
 
 Qharles Maru ol \js dcscr'ihi^d in the purchase 
 
 dec(r\ fend greeting : Wherras by indenturcs;of — —* 
 
 bearing date the — day of ^— , . and 
 
 made between Charles Doe, of > \_as descnhed in 
 
 1-6/? J^/?^], of the one part, and me the faid Charles 
 Man, of the other part. |le the faid dlb^rles Dee, fui?
 
 DECLARATION^. 41^ 
 
 Unci in confideration of dollars [as'' its'] therein 
 
 mentioiit'd to be paid to liim, by me the laid Charles 
 MdTi^ hath granted, or did grant, bargain anci fell, all 
 thatmciruiige, SvC. to hold the fame unto me the laid 
 C-^ri/Vc-^ il/c///, my heirs and alliens, for, 8cc. which 
 faid premilcs were heretofore the ellate of, or in the 
 
 poIfciVion of \jbc deed must lead to this rcc'ita/.'] 
 
 Now know ye, that I the faid Charles Alan d6 hereby 
 acknowledge, teftify and declare, that the faid fnm of 
 ■ — , above mentioned to be paid unto the faid Charles 
 Doc, by me the faid Charles Man^ as aforefaid, waa 
 
 and is the proper money o^Jdum Poe^ of , and 
 
 that the name of me the Hiid Charles Man, in 
 
 the faid indenture of , is ufed only in tiuil for 
 
 him the faid ^f^/,77;; Poe, his executors, adminillrators 
 and aifij^-ns, and that 1, my heirs and aaigns, Ihali at 
 tuiy timeor times hereafter, upon the rtqueft, and at 
 the proper colls and charges of the faid Adam Poe. his 
 executors, adminillrators and aflii^ns, trausfer, con- 
 vey and affure unto the faid Adam Poe^ his excctitois, 
 
 adminillrators and alTigns, the faid premi^-j^ ^o 
 
 bargained and fold unto mc the faid Charles Mh^k ?.s 
 aforefaid, together with all my eftate, risjht, title ;incl 
 interell thereunto, in fuch manner as by him the fr.id 
 Adam Por, his executors, adminiflrators and i.ujgjis, 
 or his or their counfel learned in the law, fliail be rea- 
 fonably deviled or required, In witnefs whereof I 
 
 have hereunto fet my hand and feal this cWy of 
 
 '^ , in the year of ♦ 
 
 Of Trust indorsed upon a Deed. 
 
 Be it remembered, that the within named Thofnas 
 
 Watts ^ doth hereby declare that the fnm of doU 
 
 Inrs, within mentionccl 10 be ^-laid bv him as tl\e (orifi- 
 deration of the within written indenture, was the pro.«
 
 UQ DECLARATIO N. 
 
 per money of the within nnmecl Wyat Eld, and that ihs 
 name o^thc{Q.\dTi>omas fVatts was made ufe of in the* 
 l\iiv,e indenture ill trurt only for him the faicl JVyat Eld^ 
 bib cxeeutors^ adnii'iulrarors and alugnb ; and that the 
 fa;d Tbomai yVatts, his cxeeutors or adminillrators, 
 Ihall and vviil at the requell, cofts and charges in the 
 law of the faid Wyat Eul, his executors, adminiflra- 
 tors or aiiigns, idiigu avid affiire the tv.o feveral melTu- 
 ages, tenements, or d\v.clhn«--houreb anxl premifcs com- 
 prac-d in the within wrilien indenture, and therein men- 
 tioriv.d tc^be thereby aiiigned to him the faid Thomas 
 IFatfs^ his executors, ad,miniilrators or affigns, vv'ith 
 their and. every of iheir appurtenances, and all his and 
 thti- ' Vuue, term, and ituereft therein, unto !)im the 
 lidd tVy^ii %Id. his executors^ adniiniilrators or afiij^ns, 
 free from ail incumbrances, committed or done by 
 him the. {-'.id Tkomas JEatts, his executors, or adraini- 
 firators, ardthat in the mean t'me, he the faid Thomas 
 fEaft.'iy his executors and adminillnitors, fliall and will 
 flavd and be poneired,and intcreftcd ofand in the f?me 
 p:- i.nifes, in truft oiily for the benefit of him the faid 
 /f^\'U EL'L hisexecuto»-s, adrainiflrators and afiigns ; 
 in witnefs wliereof I the faid Thomas JFatts have here- 
 unto fct m > hand this — day of , in the year of 
 
 ©ur Lord . 
 
 Of Trust by ID ay of Assignment, 
 
 This indciUure, made the -day of , be- 
 tween .Ibcl Bell, of -, of the ore part, and Caleb 
 
 Doe, oFdie other part: Whereas in and by one inden- 
 ture of demife, or barcrain and fide, bearinii: date the 
 ^. — dav of , made or mentioned to be mnde. be- 
 tween Abel BilL of , of the one part, and Cnlcb 
 
 T)o(\ of . of 'he other part, h^ the faid Jbel Bt H 
 
 for the confideraliou therein mentioned, did dtmiie,
 
 DECLARATION. 417 
 
 fjrnnt, barj^ainaiul fell unto the Hiid diUb Doe^ his cx- 
 fCiUorb,;ti(lminiftrators ?a\(\ aHlii^tis, all tliolc mLlluai^cs, 
 la'DcIsaiid tenements, &.C. to hold unto the fiudCa/ed/Joe^ 
 his executors, adminillrators and aiii,ii;ns, for the term 
 pi'-'-; — years from thenceforth next ciifiiiiig ; in which 
 faid indenture was contained a jtiovifo or condition to 
 make the fame void, on payment by the faid Hbci Bell 
 to t})e faid Ctjlcb Doe^ of the fum of — - dollars with 
 lawful intereft for the fame, at a certain day therein 
 mentioned, as in and by the faid indenture of demifi. or 
 mortj^age, relation being thereunto had, mnj' rtioie iiil- 
 ly and at large appear : Now this indenture witncffeth, 
 tliat the faid.'//;.:/ BjU, doth hereby .icknow ledge a(id 
 
 declare, that the fum of dollars, in the^ faid in part 
 
 recited indenture of mortgage .mentioned, u as ail the 
 pror>er money of the fiid Caleb Doc\ and not any pjrt 
 thereof the money of fhe faid Abel Hcll^ and that the 
 name of the faid Ab-l Bll was ufed therein, only in 
 trull for the faid Caleb Doe\, his executors, adminillra- 
 ,tors ai)d afli'^ns : and therefore the faid Abel Bell, in 
 piiifuance of the trail repofed in him as aforefaid by 
 the fiid Caleb Doe, and a'fr). for and i'^ cohfideration of 
 
 the fum of dollars^ to- him in hand paid b} the 
 
 faid Caleb Doe^ at or b^r-fore the fealing and delivery of 
 thcfe prefents, the receipt whereof is hereby acknow* 
 Icdged, hath granted, bargained, fold, afli.^ned, trans- 
 ferred, and fet over, and by thefe prefents doth grant, 
 barij;ai'», fell, afli;.;n, transf.^rand ft over unto the faid 
 Caleb Does his executors, adminillrators and afligns, 
 alland fmgular the faid m( (Tuages, 8?:c. and premifes 
 before mentioned in and by the faid in part recited in- 
 tleniure of mortgage granted, with their, and every of 
 their appurtenances ; and alfo all the eftate, right, title, 
 intereil, term of years, property. claim and demand 
 wliatfoever of him the faid Abel BtlL of, in or to the 
 laid premifes and every part and parcel thereof ^<^ige« 
 ther with the faid in part r( cited indenture of dcmife or 
 
 [53]
 
 -^iS BE CL A RATIONS ' 
 
 mortgage : To have and to hold the flild mefTuages^S^da 
 hereby granted and affigncd, or mentioned or intended 
 fo to be, unto the faid Caleb Doe^ his executors, admi-^ 
 laifirators and a(i?>giis, for and during all fuch term and 
 eitate, as he the laid Abel BelU hath or ought to have 
 therein. And the faid Abel Bell for himfeli, his heirs, 
 executors and adminiftrators, doth covenant and gran 
 to and with the faid Caleb Doe^ his executors, admini- 
 ftrators and afljgns, that he the faid Abel Bell, hath not 
 jnade, committed, a6led or done, orcaufed or procur- 
 ed to be made, committed, a6\ed or done, an}^ a6^, 
 matter or thing whereby, or by reafon or means where- 
 of the faid mefmages, &c. and premifes, or any part 
 thereof, are, may, or can be charged or incumbered in 
 title, eilate or otberwife hewfoever. In witnefs, &c. 
 
 Qf Trust from Lessees jhat the Lease has been grants 
 ed for ths Benefit of a proprietary Fund. 
 
 And this indenture further witneffcth, that the faid 
 'James Boon, Jacob Hod, Thorn as Pate, Joseph Adams^ 
 John Da'vid, and Thomas Hatfield, do hereby foi* 
 themfelv^s feverally and refpe^lively, and fcr their fe- 
 Teral and refpeclive executors and adminiRrators, de- 
 clare and agree, to and with the faid /cji?//-/^ Arlington^ 
 Isaac Rather, John Wall, John Shield, and IVmHalh 
 their executors, adminiftrators and affigns, and to and 
 uith the faid mafter, wardens, and fociety, and their 
 fucceflbrs, that they the faid James Boon, Jacob Hod, 
 'Thomas Pate, Joseph Adams, John Lanid, and Tho- 
 was Hatfield, their executors, adminiftrators and af- 
 figns, fiiali and will from time to time< and at all times 
 
 hereafter, during the faid two fcveral terms of^' " 
 
 years, and years hereinbefore refpeciively demifed, 
 
 lland poilefTcd of and interefied in all and fmgular tha 
 ground hereby demifed, and of the meiTuages or teR€>
 
 D E C L A R A T I O N> alJ 
 
 ments, ercftions aud buildings, ^\ liich during the faid 
 fcveral terms hereby demiied Ihall'be creeled and built 
 upon the iaid ground and premifes hereinbefore de- 
 miied as well by them the laid Joseph Arlington^ Isaao 
 Hat he r^ John iFail^ John Shield and JFin Hall, as by 
 the laid mailer, wardens, and foeiety refpe6ti\ely, int 
 trull, and for the Ible beneht of the proprietors, who 
 are or Ihall from time to time be intitled to, or benefi- 
 cially interelled in the whole produce of the money a- 
 rihng or to arife in conducing the ^iffairs of the faid 
 
 Hock, ,fubjectneverthelefs to the concurrence of 
 
 the faid mailer, wardens and court of affiftants of the 
 faid foeiety, from time to time, in conducing the fame 
 as hereinbefore is mentioned. In witnefs, &.c» 
 
 That a marl's Name is used in trust in a Bond, 
 
 "Whereas in and by one obligation bearing even date 
 
 \vith thefe prelcnts, Giles Bodge, of , llandeth 
 
 bound to Isaac Kin^, of , in the fum of --^ 
 
 dollars, conditioned for the payment of dollars,' 
 
 with intereil on the fame, on next enfuing, as 
 
 thereby may ap])ear : Now know all men by thefe pre*, 
 fents, that the faid Isaac King^ doth hereby acknow^' 
 
 ledge and declare that the faid fum of dollars, 
 
 lent upon the faid obligation, was all the proper money 
 
 of Leonard Muse, of , and that his the laid Isaaa 
 
 King''s name is iifcd in the faid obligation only in trul^ 
 for the benefit of him the faid Leonard Muse, In wi t . 
 ntis, Sec. 
 
 Of Trust relating to an assigjiment of a Lease. 
 
 To all to whom thefe prcfents fliall come, JFiri 
 
 JFdeks, of fen<!cth greeting : Whereas by in^,^ 
 
 denture of aiBgniueutj [/^'^/T\i'^^^ recited an assignmcni
 
 420 D £ C L A R /V T I O N, 
 
 te I'Vin fFeeJic.'] jNo\y know ye, that the Lit! /T/a 
 /a t yt.v, Cioui lieieby acknow leci^t and dtciare, tiid the 
 juwi ol — - doilarb nitntioned to be the coniidtiaiioa 
 oi tnc iuid recite(] nicientuie ol aiiigr.mcnt, and to be 
 pajd by hini to the iiuLil'iius Otl, vviis and is the only^ 
 proper money oi Jo/jn Joncs^ oi — - , and that his nanie 
 Wui and IS uied and made uie of in the laid indenture 
 ot aiiignment onl) , intiuU o and for the iile and 
 beho(ji ot him the faid Jo/jn Jones, h'm executors, ad- 
 iTjiniilrators and ahigns, and to and for no other ijfe, 
 intent, or piupofe whaifoever : And the faid if in 
 Weeks, doth \\hojiy and utterly difciaini all tilate, 
 te] m, I ight, title, intereil, and demand, of, in, and to 
 tht faid indenture of (kiiiife, and the neHuages there- 
 by (ien/ifed, otherwife than in trull for the faici John 
 Jonts. his executors, aciminjilratois and alligns : And 
 for himfeif, his executors and admnjilti ators doth cove* 
 naut, j}ron.ife, and agree to and with the laid John 
 Jones, his exeeuipn, adminillrators' and affigns, that 
 he the faid IVin IVteks, his executors and ad mini ftra^- 
 tors Ibail aid \^ ill, at an} time hcrealter, at the rtquell, 
 C(>lls and cluirges of the faid '[John Jones, his execu- 
 tors or adminiftrators, by good and fufficitnt deeds in 
 the law, fuch as the counfel of the faid John Jones, his 
 executors or adminillrjitors, Oiali advife, cliign and fet 
 ovt-i unto the f.^id John Jones, his executors, admini- 
 ft; ators and afiji^ns, the faid melTuage, &.c. wi'h the ap- 
 pni tenances, and the indenture of leafe, aiid indenture 
 of :..ffignmen"t by \a hich tlie fame are holden for the re- 
 
 ficlufc- and remainder of the laid term of years, 
 
 'W'hich fliall be therein then to come and unexpired, 
 free(* and difcharged of a:.d from all incumbrances, 
 done by him or them. \w witncfs, &lc.
 
 DECLARATION, 421 
 
 Of trusty by 1 rushes ana Guur-iHans to an Infant , 
 of Lands, pur chased by ihtm vjii/j the muiay of 
 Ibt Infant. 
 
 To all pcrfons to whom thefe preftspts iliall come, 
 
 Abncr AplK of , and LaLo Lox\ ol" , kncl 
 
 greeting;. Whereas the laid yi^t/ ^^pp, and Ca/cO Cox, 
 by ccnaiu indentures oi leafe and reletiicbeuring duie 
 
 thcf — day of , and made between fobn.Po:, of — 
 
 of the one part,and us tlie faid .^bncr -ipp^ and Caleb 
 Cox, of the other part, for the conlideraiion oi the fum 
 of -^ dollars in the faid incieniure of releafe men- 
 tioned to be paid by us to tlie ij..i(i fo/./n Ppc\ he the 
 laid John Poe, hath granted and reieafc d unto a))d to 
 the ufe of us the faid Abncr App\,.:n\d Caleb Cox, and 
 our heirs, all thatmeiiuage and tratl of land with its 
 appurtenances, (ituated in , as by the faid inden- 
 tures of leafe iMK\ leleafe, rel.aion being thereunto had 
 may more at large appear. Now knon ye, that we the 
 faid Abner Apjp and Caleb Co^., do hereby acknow- 
 ledge and declare, that ne as guardians and truilces of 
 Sanuu^ Fahn^ a minor, being Mtll falistied that the 
 jiurchafing of the faid lands and premifes, Ijy reafon of 
 their fi^uation would be very advantageous to the faid 
 Samuel Fahn.j^uCinn improvement ol his eftate, were 
 advifed to make the Ijiid purchafe ; and we do hereby 
 fuither declare, that the fame was made with the pro- 
 per monies of the Ln(\ S,imucl F,ihn^ and that the faid 
 hmds and premifes were fo purchafed in trull for the 
 faid 'Samuel Fiihn, his heirs and afiigns, if he or they, 
 Vi hen capable of fo domg, {\k\\\ accept a conveyance 
 thereof, and we the faid Abner App^ixu&Calcb Cox, 
 our hf irs, executors and adminiibr.tors, be allowed 
 the purchafe monies w ith other charges by us paid by 
 reafon of the fame, upon our r.ccount, for the profits of 
 the I IV.itv" f tin. fi!.-; S'^nucl Fahn : and we the faid 
 Abner App^ and Caleb Cox^ do 'hereby further declart
 
 42^ !:> E C L A R A T I O N> 
 
 and miituall)' agree, that no benefit of furvivorfliip, br 
 virtue of the faid conveyance made, as aforefaid, to us 
 and our heirs by the faid Jofon Poe^ fhall be had or ti\^ 
 J^en by us or either of us. In witnefs, 8^c, 
 
 Of Trust relating to a Bond. 
 
 This indenture made the day of between 
 
 Mam Anson, of , of the one part ; and Bion Bee^ 
 
 of , and Charles Bee, of , of the other part a 
 
 Whereas by indenture bearing date the • day ot 
 
 laft pall, and made between the feveral parties to 
 
 thefe prefents, reciting, That the faid Adam Anson, 
 had ilfue then Hving by Dorothy, his late wife, wha 
 was filler of the f:iid Bion Bee, and Charles Bee^ two 
 fons and one daughter, to wit, Abel Anson, Bion Anson 
 and Charlotte Anson, and intending to make a provifi- 
 on for his younger fon the faid Bion Anson, and Char- 
 lotte Anson his daughter, he the faid Adam Anson, did 
 covenant and agree, that he would within one month 
 
 then next enfuing, caiffe or procure dollars, Ihare 
 
 or intereft in the ftock of the bank of the United States ^ 
 to be transferred to the faid Bion Bee, and Charles 
 Bee ; and it was thereby declared by the faid par.ties, 
 that the faid Bion Bee and Charles Bee would fland 
 poiTefied of the fame ftock, in truft to permit the faid 
 Adam Anson to recieive the intereft thereof during his 
 life, and after his deceafe to pay, apply, and difpofe of 
 the faid ftock in fuch proportions between his fl\id two 
 younger children in fuch manner as the faid Adam An- 
 son fiiould with the confent or approbation of the faid 
 Bion Bee, and Charles Bee, or the furvivor of them, 
 by any deed by him fealed and delivered or by his laft 
 \v'\\\ and teftament by him figned and publilhed, in the 
 prefence of two or more credible witnefTes, dire6l or 
 yippointj and for want of fuch dire<Slion or appointment,
 
 DECLARATION* 446 
 
 tilt Hncl flock to be equally divided between the faiJ 
 two younger children ; in which laid recited indenture 
 are contained fcvcral powers, proviibes and aj^reements, 
 and particularly it is thereby provided, that it ihould 
 be lawful lor the faid Adam Anson^ by and with iuch 
 confent as aforefaid, at any time thereafter, by any 
 deed or writing to be by hiiu executed and atteRed us 
 aforefaid, to revoke and make void ail and er cry the 
 trulls therein before declared, of and concerning tho 
 Taid Hock, and by the fame or any other deed or writ- 
 ing fo ex«cuted and attelled, (with fuch conlent as a- 
 forefaid) to declare any new or other trulls, of or con-* 
 cerning the fame ilock, as by the faid in part recited in* 
 denture, reference being thereunto had, may more ful- 
 ly appear : And whereas the faid Adam Aiison^ in lieu 
 
 of the faid dollars Hock in the bank of the United 
 
 States, fo by him agreed to be transferred to the faid 
 J3ion Bee^ and Charles Bee^ as aforefaid, did caufe 
 
 — dollars capital ftock in the • turnpike -road.^ 
 
 to be transferred to and veiled in the faid Bion Bee and 
 Charles Bce^ upon the trulls aforefaid, aud being now 
 delirous to revoke all the faid trulls concerning the faid 
 lloek, and to make other provifions for his faid two 
 younger children, the faid Adam Ahsoiu hath this day 
 become bound by one obligation, bearing: even date 
 herewith, unto the faid Bion Bee, and Charles BeCy 
 
 for the payment of the fum of dollars, upon the 
 
 trufls hereinafter declared : Now this indenture wit- 
 nelTeUi, that the faid Adam Anson, doth by thefe prc- 
 ients, (by and with the confent and approbation of the 
 faid Bion Bee, and Charles Bee, teililied by their fcal- 
 jng and delivery hereof ) revoke, declare, and make 
 void, all and every the trufls and agreements in the faid 
 recited indenture, limited, dcQlared, exprelled or con- 
 tained, of and concerning the fltid Hock, and the faid 
 Adam Anson, doth hereby, alfo with the like confent of 
 'hefiid Bion Bce^ and Charles Bccy teftified as afore-
 
 424 DEED. 
 
 faid, declare, dirc6\, and appoint, that the laid Bion 
 Jjc'c, and C/jancs /i.-c, ihali Irom heuccioith UaiKi, re- 
 main, and be poileticd oi'the laid llock fo transferred 
 and veiled in iheni as aloj eiaid, and of all other llock 
 had or lAcn in iicu thereof, in truil, for tlie only pro- 
 per iU*e ajjd benefit of -he faid;/^(/;w Anson, parliy here- 
 to, his executors,' aom'n:!tiators and aiiigns, and i6 be 
 ii[li«*ncd and difpofed of lo him or them, or as he or tiiey 
 llia'll dirt-d : -\vA it i-. ne<cby aifo deehhed, by arid be- 
 tween ail the faidparties to thi fe prefents, that the faid 
 Bion Bee and Charles Bee, their executors ^.nd adrai- _ 
 Billrators, ihail-lland and be poifeffed and interefted of, ' 
 and in the faid bondfo entered into by the iaid Adam 
 Anson as afore laid, a^id of all monies to become due, 
 and be received or obtained byviitue thereof, upon 
 , the fame truftfc, and fubjefcl to liie fame powers and a- 
 e-reements as were declared or cxprt (Ted. in and by 
 the faid recited indenture of the day of , con- 
 cerning the faid (lock of the bank of the United States^ 
 fo agreed to be transferred to them the faid Bion 
 Bee, and Charles Bee, as aforefaid, (ibc faid provifo 
 and power herein before recited f<;r the fa!d^r/«772^iw'^o« 
 to revoke or alier the faid truAs, and declaie ia\\ i.vw 
 or other trulls thereof only excepted), in v.itneis, S^c, 
 
 S)eel3. 
 
 Common Form, 
 
 This indenture, made the day of , in the 
 
 jTar of onr Lord one thoufiind eiLht h.undreci and , 
 
 between Adam Bcnd,o^ ^gmthnian, 2\ d M j)', 
 
 bis wife, of the one part ; ar.d Caleb X>tf^,oi •—
 
 DEED. 425 
 
 yeoman, of the other pi\rt, \_bere recite the tltu',"] wiN 
 nciTcrlh, Tiiat the i'a'id Adam Benci^ luicl Alciry Ins wife, 
 
 for and ii» coiUkierdtiOM of the fumof dollurs, to 
 
 them ill liaiid paid by the faicl CJei^ Doe, at and t)Lloie 
 the enfealing and deliverinj^ hereof, the reeeipt where- 
 of they do liere'oy aeknovvkclj^e, and thereof acquit aiid 
 forever difehars;e the faid L\i/e/? Doe, hib heirs, execu- 
 tors and adminiilratuih,, by thefe ]>refcnts, havevgranted, 
 bufi^aiued, fold, alk:ned, enfeoffed, releafed aiid con- 
 Crnicd, and by thefe prefcnts do grant, bargain 
 fcIlT* alien, enfeoff, releafe and confirm, unto the laid 
 Ca/eb Doe, and to his heirs and affig-ns, all that melfu- 
 .a£re, &:c. ToLredier with all and fin^ular oiher the liou-. 
 I'es, out-houfes, buildirigs, barns, ilables, ways, woods. 
 Maters, water-eourfes, rights, liberties, privileges, he- 
 reditaments and appurtenances whatfoever, thereunto 
 belonging, or in any wife appertaining, [^bere insert ex- 
 cefnions, i^e.'] and the reverlions andremainders, rents, 
 ilVucs and profits thereof : And alfj all the ellate, right, 
 title, interell, property, claim and demand whatfoever, 
 of them, the faid Adam Bend, and Mary his wife, in 
 law or equity, or otherw ife howfoever, of, in, to, or 
 out of the fame. To have and to hold the faid meflu- 
 
 nq;e or tenement, and tra(Sl of acres of land, here-^ 
 
 ditaments and premifes, hereby granted, or mentioned 
 or intended fo to be, with the appurtenances [_eyccept 
 as before excepted'] unto the faid Caleb Doe, his heirs, 
 and alfigns, to the only proper ufe and behoof of the faid 
 
 * The wonh ((ranf, bargain, sell, shall be adjudtred an express 
 covenant to the grantee, his heirs and assigns, to wit, that the gran- 
 tor Avas seised ol" an indefeubibic estate in fee-sirople, freed from in- 
 cumbrances done or suffered from the grantor (cxceining the rents 
 and services due to the lord of the fee) as also for quiet enjoyment 
 Rg-ainst the grantor, his heirs, and assigns, unless limited by ex ■ 
 press words contained in sueh deed, and that the grantee, his 
 heirs, executors, administrators and assigns may, in any action as* 
 bli^n breach.es, as if sucli covenants were expressly insert«<l, 
 Fcaci'n Di(r. a«. 
 
 r54.i
 
 423 BEE D. 
 
 Caleb Doe^ his heirs and afligns, forever. \_Here in^ 
 sert the co'Denants~\. in witntis whereof, the faid par- 
 ties to thefe preienis have hereunto interchangeably 
 fet their hands and feals, &.c. 
 
 ^cr A deed is a writing fealed and delivered by the 
 parties, li a deed be made by more parties than one, 
 thore ought to be regularly as maiiy copies of it as 
 there are parties, and each ihould be cut or indented 
 on the top or fide, to tally or correfpond with the other ; 
 ■^vhich deed fo made, is called, an indenture. When 
 the feveral parts of an indenture are interchangeably 
 executed by the feveral parties, that part or copy which- 
 is executed by the grantor is ufually called the origi- 
 nal, and the reft are counterparts : tho' of late it is moft 
 frequent for all tlie parties to execute every part ; 
 which renders them all originals. The firft requiiite 
 of a deed, is, that there be perfons able to contract and 
 be contra6\ed with, for the purpofes intended by the 
 deed; and alfo a thing, or fubjefl matter to be contract- 
 ed for ; all which muft be expreifed by fufficient names. 
 So as in every grant there muft be a grantor, a grantee, 
 and a thint^ granted ; in every leafe, a leffor, a lelfec, 
 and a thing demifed. 
 
 Secondly, the deed muft be founded upon good and 
 fufficient confidcration. Not upon an ufurious contract; 
 nor upon fraud or coilufion, either to deceive purcha- 
 fers bona Jide, or juft and lawful creditors; any of 
 which bad confiderations will vacate the 6ee(\^ and 
 fubjeCt fueh perfons, as put the fame in ufe, to 
 forfeitures, and often to imprifonment. A c]Q€d 
 tilfo, or other grant, made without any confidc- 
 ration, is, as it were, of no effe6l ; for it is conftrued 
 to inure, or to be efftflual, only to the ufe of the gran- 
 tor himfelf. The confidcration may be either a good 
 '^r a valuable one. A good conhderation is fucb as
 
 DEED. 427 
 
 that of blood, or of natural love and aficction, \vhcn a 
 mail grants an cllate lo a near relation ; being rouiKlcd 
 on motives of t>enerolily, prudence and natural duty; 
 a valuable coniicleration is I'uch as money, marria^re, 
 or tlie like, which the law elleems an equivalent gi\eri 
 for the grant ; and is therefore founded in motives of 
 julticc. Deeds made upon good confideration only, are 
 coiifidcred as merely voluntary, and are frequently fet 
 afide in favor of creditors, and bona fide purchafers. 
 
 Thirdly, the deed mud be written, or I prcfume 
 printed, for it may be in any chara6\er or any language ; 
 but it mull be upon paper or parchment. For if it be 
 v-'ritten on Hone, board, linen, leather, or the like, it 
 is no deed. 
 
 Fourthly, the matter written mufl: be legally and or-- 
 derly fet forth ; that is, there mud be words fufficient 
 to fpccify the agreement and bind the parties: \\hicli 
 fufficiency mult be left to the courts of law to deter- 
 mine. For it is not abfolutely neccifary in law, to have 
 all the formal p:jrts that are ufually drawn out in deeds, 
 fo as there be fulficient words to declare clearly and le*'. 
 gaily the parly's meaning. But, as thefe formal and 
 orderly parts are calculated to convey that meaning in 
 ihe cleared, didiiicled, and m.od effeRual manner, and 
 have been well confidered and fettled by the wifdom of 
 fucceffive ages, it is prudent not to depart from them 
 without good reafon or urgent neceihty ; and therefore 
 I will here mention them in their ufual order. 
 
 1. The premifes may be uftd to fet forth the num- 
 ber and names of ihe parties, with their additions or ti- 
 tles. They alio contain the recital, if any, of fuch deeds, 
 agreements, or matters of ficl, as are necefhiry to ex- 
 plain the reafons upon which the prefent tranfa(^lo!A is 
 founded : and ht-rein alfo is letdown the confideration 
 upon which the deed is made. And then follows the 
 certainty of the grantofj grantee, and tbhig granted.
 
 423 DEE D, 
 
 2, 3. Next come the habendum and tenendum. The 
 office of the habendum is propei ly lo cklcrniire what 
 ellave or intereil is granted by the deed : thout^h this 
 may be performed, and fometimes ir> performed, in the 
 premifeb. in which cafe the bubenaiim may leffen, en- 
 large, explain, or qualify, but not totally contradict or 
 be repni^nant to, the eilate E^ranted in the piemifes. 
 A% if a fjrant be '' to A and the htirs of his bodv," in 
 the premifes, habtndum '•'to him and his heirs for e- 
 ■^'cr," or mcc -versa ; here A has an eftate-tail, and a 
 fee-fimplc expectant thereon. But, had it been in the 
 premifes •• to him and his heirs," habendum '' to him 
 ibr life," the habendum \vould be uUeriy void ; ior an 
 eftave of inheritance is veilc d m him before the babeii- 
 dum comes, and Ihall not afterwards be taken away, or 
 diverted, by it. I'he tenendum " and to hold," is now 
 of very little ufe, and is onjy kept in by curtom. 
 
 4. Next follow the terms of (tipulation, if anj-, 
 lipon which the giant is made : the firrt of which is the 
 reddendum or refervation, whereby the grantor doth 
 create or referve fome new thing to himfelf out of what 
 lie had before granted. As " reF.deririg therefore yeav- 
 *' ly the fum often ihiliings, or a pepper corn, or two 
 *' days ploughing, or the like." 
 
 5. Anodier of the terms upon which a grant may be 
 jnade is a condition ; which is a chuife of contingency, 
 on the happening of which the eflate granted may be 
 defeated ; as '' provided ahvays, that if the mortgagor 
 " (hall pay the mortgagee 500/. upon fnch a day, the 
 \vhole eftate granted fiiaib determine ;" and the like. 
 
 6. Next may followMhe claufe of warranty; where- 
 by the grantor doth, for himfcif and his heirs, warrant 
 and fecure to the grantee the effate fo granted. 
 
 7. After warranty ufually follow covenants, or con- 
 ventions, which are claufes of agreement contained ia
 
 DEED. 429 
 
 a deed, whereby eitlier party may flipnlate for the truth 
 ol certain ia^ls, or may biad himicii" to pcrlorm, or 
 give, ruiuctluiij^- to tlie other. Thus the grantor may 
 covenant that he hath a right to convey ; or lor the 
 grantee's qujet enjoyment, or the like; the grantee 
 may covenant to pay his rent, or keep the premiles m 
 repair, &c. 11" tlie covenantor covenants for himlcir 
 ynd his lieirs, it is then a covenant real, and del'cends 
 upon the heirs ; a\ ho are bound to pertor«n it, provid- 
 ed they nave ailets by delcent, but not othcrwiie : if 
 he covenants alio for his executors and adminiilrators» 
 his peilbiial ailets, as well as his real, are likewile 
 pledged for the performance of the covenant; which 
 makes llich covenant a better fccurity than any w ar- 
 ranty. It is alio in fome relpe^ls a lefs fecurity, and 
 therefore more bcnelicial to the grantor ; v.ho ulually 
 covenants only for the a6s of himfelfand his anceftors, 
 whereas a general u-arranty extends to all mankind. 
 For which reafons the covenant has in modern practice 
 totally fuperceded the other. 
 
 8. Ladly , comes the conclufion, which mentions the 
 execution and date of the deed, or the time of it's be- 
 ing given or executed, either exprefsly, or by refer- 
 ence to fome day and year before- mentioned. Not but 
 a d<itd is good, although it mention no date : or hath 
 a falfe date ; or even if it hath an impolYible date, as the 
 thirtieth of February ; provided the real day of it's be- 
 ing dated or given, that is delivered, can be proved. 
 
 The fifih requifite for making a good deed, is the 
 reading of it. This is neceUary, wlierever any ofthc 
 parties dehre it ; and, if it be not done on liis requelK 
 t\\e deed is void as to him. If he can, lie Ihould read 
 it himfelf : if he be blind or illiterate, another muft read 
 it to him. If it be read falfcly, it will be \oid ; at leaft 
 for fo much as isTnifrcciied : unlefs it be agreed by coU 
 lulion that the deed Hiall bt read lalfe, on purpoll- to
 
 43® D E ED. 
 
 make it void : for in fuch cafes it fliall bind the frau* 
 duleat party. 
 
 Sixthly, it isreqiiifite that the party, nhofe deed it 
 is, fliould feal, and now in moil cafes I apprehend 
 Ihould fign it alfo. 
 
 A feventh requifiteto a good deed is that it bedeliver- 
 cd, by the party himfelfor his certain attorney : which 
 therefore is alio expreifecl in the attciltition ; '' fealed 
 and delivered.'* A deed takes eflecl: only from this 
 tradition or delivery ; for if the date be fid'fe or impof- 
 fible, the delivery afcertains the time of it. And if an- 
 other perfon feals the deed, yet if the party delivers it 
 himfeU; he thereby adopts the feaiing, and by a parity 
 of reafon the ligning alio, and makes them boih his own. 
 A delivery may be either abfolute, that is, to the par- 
 ty or grantee himfelf ; or to a third perfon, to hold till 
 fome conditions be performed on the part of the gran- 
 tee : in which laftcafe it is not delivered as a deed, bnt 
 as an efcrow* ; that is, as a fcrovvl or writing, which 
 ssnot to take efFe6\ as a deed till the conditions be per- 
 formed, and then it is a deed to all intents and purpofes. 
 
 The iall requifite to the validity of a deed is the at- 
 teftation, or execution of it in the prefence of u-itnefTes i 
 though this is neceflary, rather for preferving the evi- 
 dence, than for eonilituting the effence of the deed. 
 
 If a deed wants any of the effential requifites before 
 jnentioned; eitiier X.' Proper parties, and a proper fub- 
 
 * The er;cro--:v inay be as follows : after the words " seale<i anri 
 flelivered in presence of us," and before the witnesses sii;n,^ 
 insert, "(As an escrow to take effect upon the ;^rantee's coming of 
 age and conveyint^ to the grantors herein named their several and 
 respective shares in the lands valued and apportioned to and among 
 ihc said grantee and the said graiitors, Sec.)" [Or, as the case vm 
 If >'] after whith the witnesses mav sij^n.
 
 DEED. 431 
 
 je(?\ matter : 2. A good and fufficicnt confideratlon : 
 5. VVillintj, oil paper or purchmtnt, duly ilamped i 
 4. Sufiicitiit a!Kl legal wordb, properly dilpoi'ed : 5, 
 Kcadiiig, if delired, before the execiilion : G. Sealing, 
 and, by the (latute, in moll cafes iignint; alfo : or 7. De- 
 livery ; it is a void deed ab initio. It may alfo be a- 
 \o\<\c(\by\T\AX\.<:v ex post facto : as, 1. By rafure, in- 
 terlining, or other allei ation in any material part ; un- 
 Icfs a memorandum be made thereof at the time of the 
 execution and attellation. 2. By breaking off, or defa- 
 cing the feal. 3. By delivering it up to be cancelled ; 
 that is, to have lines draw n over it in the form of lat- 
 tice work or canccll'i ; though the phrafe is now ufed 
 figuratively for any maimer of ol^litcration or defacing 
 it. 4. By the difagreement of fuch, whofe concurrence 
 is necellary, in order for the deed to (land : as the huf- 
 band, where a feme-covert is concerned ; an infant, or 
 pcrfon under durefs, when thofc difabilities are remov- 
 ed ; and the like. S. By the judgment or decree of a 
 court of judicature. This was anciently the province 
 of the court of liar chamber, and now of the chancery : 
 when it appears that the deed v. as obtained by fraud, 
 force, or other foul praclice ; or is proved to be an ab- 
 folute forgery. In any ofthefc cafes the deed may be 
 avoided, either in part or totally, according as the 
 caufe of avoidance is more or lefs extenfive. See 2 
 lUack, 299 y seq. 
 
 If a man through ^<:-;>x of death or mayhem is pre- 
 vailed upon to execute a (\tQ^^ or do any other legal 
 acrl ; thefe, tho' accompanied with all other the rec]ui- 
 fitefolemnities, maybe alUrwards avoided, if forced 
 111)011 him by a well grounded apprehenfion if lofmg 
 his life, or even his limbs, in cafe of his non-compH- 
 ^.nce, 1 Blac. 132.
 
 452 DEE D. 
 
 By Aud'uors imdcr a Domestic Attachmcfit. 
 
 Toall perfons to whom theft- prefents {hull come, Abel 
 jBec,CaledIJoc\i\iK[J^noc/jJu/ic/j^i'cn(.\^tci:iiu^: Where- 
 as a certain writ of attachment giour.cleduiuhca6\ ofaf- 
 iembiy of thisftate, in fuch cafe made and provided, 
 hath been awarded by the court of common pleas, held 
 
 at , for the county of , at th® fuit of Pasquin 
 
 Q«zz, bearing telle the day of , in the year 
 
 of our Lord , and returnable the day of , 
 
 againft the goods and chattels, lands and tenements of 
 JiioTi jRo-iv, late of the county aforei'aid,j)'6'o«/c?/;, direct- 
 ed to. the Iheriffof the faid county, by whom, amongll 
 other things, in purfuance thereof, was attached a certain 
 meffuage, &:c. [_Here describe the premises.'] And 
 ■whereas on the return of the faid v.Tit in the fame tetm 
 
 of laft pail, the faid Abel Bee, Caleb Doe, and E- 
 
 noch Finch ^ were nominated and appointed by the jud- 
 ges of the faid court of common pleas, at , to au- 
 dit the accounts of the faid Rion Row^s, creditors, and 
 to adjuft their demands, and fettle their Ihares and pro- 
 portions of the ai'orefaid Rion Roi-ys whole eilate, real 
 and peifop.al. And whereas, the faid Abel Bee, Caleb 
 Doe, and Enoch Finch, haviiig given due and timely 
 notice of the time and place of fale of the faid melfiiage 
 or tenement and lot of ground by the faid Hieriff as a- 
 forefaid attached, expofed the fame to public fale or 
 
 vendue on the day of laft, when Thomas 
 
 Gold, of , merchant, bought the fame for the fum 
 
 of -dollars, he being the bell and highell bidder. 
 
 Now know ye, that the faid Abel Bee, Caleb Doc, and 
 Enoch Finch, by force and virtue of the act of affem- 
 bly aforefaid, and for and in confideratlon of the fum 
 
 of dollars, to them in hand paid to and for the 
 
 life of the faid Rion Row, by the faid Thomas Gold^ 
 the recei])t whereof is hereby acknov.dedged, have 
 granted, bargained, fold, aifured, and delivered, and by 
 thefe prefents do as much as in them the faid auditors
 
 DEED, 433 
 
 Ik and they lawfully may, ,Krant, bargain, fell, aiTure 
 and deliver unto ilic laid 'I'honuis Go/a, iiis ijtirs and 
 ailigns, all the aforclaid nit.llVia|;e or tci)e;r.cnt [^/jcrc do 
 scribe the premises pat ticular/j'] 1 ogcthcr ailb \viiU 
 all and linijjuiar the buildint's, improvemtnts, ways, 
 watcib, waLcr-couilt'S, rights, liberties, privileges and 
 appiirteiuinces u hatloever thereunto belonging, or in 
 any wile appertaining, and the reverlions and 'remain- 
 ders thereof, and all the ellate, right, title, interell, ufe, 
 poircllion, property, claim, and demand whatfoevcr, of 
 him the laid Rion Row, of, in, to or out of tlic above 
 mentioned premifes : To have and to hold the f.iid de-. 
 fcribed meirnage or tenement and lot of ground, here^ 
 dltamcnts and premifes hereby granted, bargained iincl 
 fold, or mentioned or intended fo to be with the appur* 
 tenances, unto the faid Tbojnus Gold, his heirs and af- 
 figns, to the only proper ufe and behoof of the laid 
 Thomas Gold, hio heirs and a^^gns forever, according 
 to the form and efieCt of the aft of riir^mWy in fuch 
 cafe made and provided. [^Herc insert the ground 
 rents, if any. ^^ la witiiefs, &C. 
 
 X^eed Poll, 
 
 To all people to whom thefe pi-efents (hall come^ 
 
 Abbey Bern of the city of , in the Hate of , ivi* 
 
 dow and relict oj" Ira Bent, late of the same place, es* 
 quire, deceased^ Enoch Bent, of the fame place, 77a'r- 
 charit, eldeftfon and heir ai law of the faid deceafed, 
 
 Forbes Bent, of the borough of — — ^, in the ftate of * 
 
 aforefaid,^^'7?///"W/^r;i, another of the fons of the laid de-^ 
 
 ceafed, and John Slack^ of the borough of at'^orefaid, 
 
 gentleman, and Mary, his wife, late ATary Bent, only* 
 daughteroflhc faidduceafed.fend greeting: [^Recitals.'^ 
 
 Know ye, that the faid Abbey Bent, Envch 
 Bent, Forbes Bent, John Slack and MiifJ hi^ ^vife, iof.
 
 434 BEE D. 
 
 and in confideratlon of the fum of dollars to them 
 
 in hand paid by Isaac Nortun, of the city of a- 
 
 forefaid, at and before the enfeaiing and delivery here- 
 of, the receipt whereof they do hereby acknowledge, 
 and thereof acquit and forever difcharge the laid Isaac 
 Norton^ his heirs, executors and adminillrators, by 
 thefe prefents, have granted, bargair.ed, fold, reieafcd 
 and confirmed, and by thefe prefents do grant, baigain, 
 fell, releafe and confirm, unto the laid Jsaac A'orton, 
 his heirs and alligns, all that mefuiage or tenement, &.c. 
 Together with all and hngular the buildings, improve- 
 ments, ways, woods, waters, w.ater-couifes, rights, li- 
 berties, privileges, hereditaments and appurtenances 
 whatfoever, thereunto belonging, or in any wife apper- 
 taining, and the reverhons and remainders, rents, iffues 
 and profits thereof ; and alfo all the eftate, right, title, 
 interell, property, claim and demand whatfoever, of 
 them the faid Abbey Bent^ Enoch Bent^ For* 
 bes Bent^ John Slack and Mary his wife, in law or e- 
 quity, or otherwife howfoever, of, in, to, or out of the 
 fame. To have and to hold the faid mefliiage, or ten- 
 ement, and lot or piece of ground, hereditaments and 
 premifes, hereby granted, or mentioned or intended fo 
 to be, with the appurtenances, unto the faid Isaac Nor- 
 ton, his heirs and alfigns, to the only proper ufe and 
 behoof of the faid Iscfac jYorfoj-/, his heirs and affigns, 
 for ever ; fubjeft to the payment of the yearly ground* 
 
 rent of dollars, hereafter accruing for the fame, 
 
 and payable thereout to Caleb Doe of , his exe- 
 cutors, adminillrators, or affigns. In witnefs, &:c. 
 
 ^CT" A deed made by one party only is not indent- 
 ed, but polled or fiiaved quite even ; and therefore 
 called a deed poll, or a fmgle d^ed.
 
 DEED. 435 
 
 Ofllc'irs at Lavo releasing a Trust reposed in the In- 
 testate. 
 
 To all people to whom thefe prcfents fliall come, Rd- 
 
 chel Duck, of , Amos Duck, of , IP'm Ducky 
 
 of , and Amos Folk, and "Jane his wife, late [jane 
 
 Thick, (the faid Rachel Duck being the mother, the 
 fuid Amos Duck and JFin Duck being the brothers, and 
 thefaid Jane, being the filler o'i Samuel Duck, late of 
 
 , gentlemen, deceafed), fend greeting. Whereas 
 
 the faid Samuel Duck in his lifetime, Daniel Bane, es- 
 quire, JValicr Bane, John ShaiD and John Wyer, all of 
 , were jointly intereilcd and concerned in the pur- 
 chafe, location, andfurvey of twenty-one trads of land, 
 
 on the waters of the river , in the townlhip of 
 
 , in the county of , and ilate of , con- 
 taining together , be the fame more or lefs, the le- 
 gal title whereof by their confent and appointment, was 
 veiled in the faid Samuel Duck, who held the fame in 
 trufl for the ufe of the parties aforefaid, in the 
 following proportions, to wit : one equal fourth part 
 thereof to the ufe of the faid Daniel Bane, and his hcirs^ 
 one other fourth part thereof to JTalter Bane, and 
 his heirs ; one equal fixth part thereof to c/i>/>// S/jaiVy 
 and his heirs ; one otlier iixth part thereof to Jo/jfi 
 IVyer, and his heirs, and the remaining iixth part to 
 his own proper ufe and behoof. And whereas the faid 
 Samuel Duck, being fo feifed of the premifes, lately 
 died inteftate, whereupon the fame, by tlie laws of 
 
 • did defccnd and come to the faid Rachel Ducky 
 
 Jmos Duck, IFin Duck, and Jane the wife of the faid 
 Jmos Folk, fubjcft to the trull aforefaid : Now know 
 ye, that the faid Rachel Duck, Amos, Duck, Win Ducky 
 and Jane the wife of the faid Amos Folk, in purfuance 
 of the fiicj trull fo as aforefaid repofed in the faid Sa^ 
 viuel Duck, in his lifetime, and alfo for and in confide- 
 
 ration of the fum of dollars each to them in hand 
 
 paid by the faid Jvbn Si^aiv, At and before the cnfea^f
 
 m DEE D. 
 
 ing and delivery hereof, the receipt whereof Is hereby 
 aukr.ouiedgcd, have i;; anted, bargained, fold, reinifed, 
 releafed and confuined, and by thtfc preltnts, do grant, 
 bargain, fell, remife, releafe and conliim, unto the faid 
 Jo/J7i S/jci-iv, and to his hens and afligns, one lull, equal 
 and undivided Uxdi part (the whole iiUo tix eqiiai parts 
 to be divided) of and iu the faid twentj-one tra(Sts of 
 
 of iand, containing acres. Together with all and 
 
 fmguiar the rights, members and appurtenances what- 
 Jbe\'er, to the laid equal hxth part belonging, or in any 
 wife appertainmg, and the reverfions and remainders 
 thereof, and alfoall'the ellate, right, title, intcreft, ufe, 
 poffeffion, property, claim and demand whaifoever of 
 the faid iiacbcl Duck, &c. Stc. To have and to hold 
 the laid undivided fixth part, &c. for fuch ef- 
 tate and eftates, and under fuch rents and conditions 
 as the iiiid Samuel Duck^ had and held the fame in his 
 lifetime, without any warranty exprefs or implied by 
 the words of this deed, lave only againlt the faid Ra, 
 (hael Duck, yc. ^c. their heirs and affigns, feverally 
 and no; jointly, nor the one for the other, or for the a6l 
 or deed of the other, but each for their own acls only, 
 Jii witnefs whereof, 8fc. 
 
 Of Feoffment, 
 
 This Indenture, made the day of between 
 
 A^cl Bcll^o^- , of the one part, and Caleb Doe, of 
 
 -. , of the other part, witneiTeth, that the faid Abel 
 
 Bell, for and in confideration of the fum of dol- 
 lars, the receipt vt hereof is hereby acknowledged, hath 
 granted, bargained, fold, aliened, enfeoffed, relcafed 
 and confirmed, and by thefe prefents doth grant, bar- 
 gain, fell, alien, enfeoff, releafe and confirm unto the 
 iaid Caleb Doe, his heirs and affigns for ever, all that 
 ^aieifuage or tenement, S^c, and the reverfion and re-.
 
 D E E D. 4S7 
 
 vcrfions, remainder and remainders, rents and fervi- 
 ces thercol", and uiib, all the ellate, right, title, intc- 
 rcft, elaini and demand whatl'oever, of him the faid 
 ^bcl Bell^ of, in, and to the faid prcmifes, and of, in, 
 and to every part and parcel thereof, To have and to 
 hold the faid nielluage, tenement, and premifes above- 
 mentioned, with the appurtenances, unto the faid 6V7- 
 Icb Doe^ his heirs and ahigns, for ever. And the faid 
 Abel BclL^ for himfeif, his heirs and afilgns, doth cove* 
 nant and grant to and with the faid Caleb Doc^ his 
 heirs and aOigns, that he the faid Abd llcll^ now is 
 lawfully and rightfully feized, &c. And alio, that he 
 the faid ^-y^f/ ij't'// hath good right, full power, and 
 lawful authority, in his own right, to grant, bargain, 
 fell and convey, all and fingular the faid mefl'uagesand 
 premifes, with the appurtenances, unto the faid Caleb 
 Doc\ his heirs and ailigns. And that he the faid Ca- 
 leb Doe^his heirs and afiigns, lliall and may at all times 
 for ever hereafter, peaceably and quietly have, ho'd, 
 occupy, pollefs and enjoy, all and fingular the laid 
 melfuage, kuuls, tenements, hereditaments, and pre- 
 mifes abovementioncd, with the appurtenances, v/ith- 
 out the let, trouble, hiridiancc, molellation, interrup* 
 tion, or denial of him the faid Abel Bell his heirs or 
 afligns, or ofany other ])erlan or perfons whntfoever, 
 claiming, or to claim, by from, or under him, them, or 
 any of them, f e:[cept as hereinafter is excepted) and 
 that freed and diicharged, or othcr\\ife well and fufii- 
 ciently faved and kept harmlefs and indemnified of and 
 from all former and other bargains, fales, gifts, grants, 
 leafcs, mortgages, jointures, dowers;, ufes, wills, in- 
 tails, fines, pod-fines, ilfnes, amerciaments, feizures, 
 bonds, annuities, ftatutes, recognizances, extents, 
 judgments, executions, rents, and arrears of rent, and 
 of and from all former and other charges, eflalcs, 
 rights, titles, troubles and incumbrances \vhatf(»cver, 
 liiid, made, committed, doncj or fuffcred, or to he hadj
 
 4SS DEED. 
 
 made, committed, done, or fuffercd by the faid Abel 
 Ih.ll^ or any pcrfou or perlons vvhalloevcr claimiiiir, or 
 to claim, by, from, or under him, them or any ofihtni 
 (except one indt-nture ofleafe granted by tlie {\x\i\Jbel 
 
 McU^ to Enoch Finch ^ of , of part of tlie faid pre- 
 
 mifcs, for tiie term of years, under the yearly rent 
 
 of dollars, which rent is intended to pafs hereby). 
 
 And further, that tht; faid^i<^6V Ikll •a\-\(\ his heirs, and 
 all and every other perfon and perfons, havhig or 
 claiming in the faid premifes abovemcntioned, or any 
 part thereof, by, from, or under him, (exce])t as be- 
 fore excepted) Ihall and will, frdm time lo time, and 
 at all times hereafter, upon the reafcnable requeil, and 
 at the colls and charges of the faid Caleb Doe^ his 
 heirs or atTigns, make, do, and execute, or caufe and 
 procure to be made, done, and executed, all and eve- 
 ry fuch further and other lawful and reafonable acl and 
 acls, thing and things, devifes, deeds, conveyances, 
 and aflurances in the law vvhatfoever, for the further, 
 better, and more perfe^lly granting, conveying and 
 alluring, of all and lingular the faid premifes above- 
 mentioned, with the appurtenances, unto the faid CVz- 
 leb Doe^ his heirs and affigns, to the only proper ufe 
 and benefit of the faid Caleb Doe, his heirs and affigns 
 for ever, according to the true intent and meaning of 
 thefe prefents, as by the faid Caleb Doc, his heirs and 
 affigns, or his or their counfel, fliall be reafonably de- 
 viled, advifed and required. And lafdy, the faid 4bel 
 Btll\v\i\\ made, ordained, confcituted and appointed, 
 and by thefe prefents doth make, ordain, conflitute 
 
 and appoint Ezra Foot, of , and George Hughes, 
 
 of , his true and lawful attornies, jointly, and 
 
 either of them feverally, for him and in his name, into 
 the faid mefTiiage, lands and premifes, with the appur- 
 tenances, hereby granted and conveyed, or mentioned 
 fo to be, or into fome part thereof, in the name of the 
 whole, to enter, and full, quiet and peaceable poireflloft
 
 DEED. A39 
 
 and fcifin iJiercof, forhim, and in his name, to take 
 and have, and Inch potlinion and fcilln lb thcrcol" taken 
 and hud, the like I'liU iJoirelUon and icilln thereof, or of 
 fome [r^rt tl^ereof, in the name of the ^vhole, unto the 
 laid Caleb Dqc^ or to his ceitain attorney, to give and 
 deliver, '1 o hold to him the laid Caleb Doe., his heirs 
 and alliens, for ever, according to the true iiptcnt and 
 mcainng of thefe prefents, hereby ratifying, eonfirm- 
 ing and allowinyr, and agreeing to ratify, confirm and 
 allow, all and whatfoever his laid attornies, or either of 
 them, fliall do in the premifes. In w itnefs, ^c. 
 
 Deed Poll on disfranchising a j\femher of a Company^ 
 
 To all to whom thefe prefents fliall come, the mafter, 
 wardens and fociety of the art and myftery of apothe* 
 
 caries of the city of ,fend greeting : Know ye, that 
 
 we for divers good caufes and confiderations, us here- 
 unto efpecially moving, have acquitted, releafed, and diffc 
 charged, and by thefe prefents, for us and our fuccef- 
 fors, do acquit, reieafe, and difcharge Avws Bond, apo- 
 
 thecary\oi , of and from his freedom in the faid 
 
 fociety or company, and of and from all other offices, 
 duties, cha.ges, payments, and things whatfoever re- 
 htting thereto, or whereto he now Ihinds engaged, by 
 virtue of any charters, bye-laws, ordinances, or other 
 matter or thing whatfoever; and fo as of and from the 
 fame, he fliall and may at all times hereafter be fully 
 and abfolutcly difcharged by thefe prefents. In witnefs 
 wiiercof we have hereunto caufed our public feal to be 
 
 fet, this day of , in the year of the 
 
 reign of our fovereign, ^V.
 
 440 D L K I), 
 
 From an Administratrix for Land :: old' at vendue by 
 order of Orphans Court. 
 
 This indenture made the day of , bet-'.vcenL 
 
 Mary Hay, adniiniibatrix of all and fnigular the goods 
 and chattels, rights and credits, which were o)i John 
 
 Hay^ late of , ivea'Udr^ deccafed, at the time of his 
 
 death (who died mtellate) of the one part ; and Jesse 
 
 Sharps of yeoman^ of the other part : Whereas 
 
 the faid John Hay^ in his lifetime and at the time of his 
 death, was feifed in his demefne as of fee of and in a 
 
 certain tra6l of land, iituate in , containing about 
 
 acres. And whereas adminiilration of all and 
 fmgular the goods and chattels, rights and credits 
 which were of the faid John Hay^ at the time of his 
 death, after the death of the faid fohn Hay, was in due 
 form of law committed to the aforefaid Mary Hay, 
 who having undertaken the burthen of adminiftering 
 the fame, did fettle her accompt of the adminiilration 
 aforefaid, before the judges of the orphans court of the 
 
 faid county of , at a court held at , m and for 
 
 the faid county the day of lail pall, by which 
 
 faid fettlement, it was manifeil, that the perfonal ellate 
 of the faid y(?,6;2 i7f(y, deceafed, was not fufficient to 
 pay his juft debts and m.aintain his children. And 
 whereas by the petition of ihe. faid Mary Hay^ to the 
 ikid judges, fetting forth the premifes, and praying the 
 faid court to allow^ her to make fale of fo much of the 
 faid lands as the faid court fliould judge neccffary for 
 the purpofes aforefaid, and thereupon it wasconfidered 
 
 and ordered by the faid court that acres of the a- 
 
 bovementionedland, adjoining the lands of- , be 
 
 fold on the day of , at , according to 
 
 the prayer of the laid petition, as by the records 
 and proceedings of the faid court, reference thereunto 
 being had may fully and at large appear. And where- 
 as in purfuance of the faid order, and by force and vir- 
 tue of die laws of this ftate, in fuch cafe made and pro«
 
 DEED. 441 
 
 viclc(J, aftenvan.ls, to nit. on the fald day or*— —at 
 
 , tlic IukI Mjry Hay, did exi^ofe to lii.e at public 
 
 vcadufc orauclioii, the hLreinul'icr dcfcribed acres 
 
 oriaiKl,|>art o* the above laid — acres, and atijoininiij the 
 
 lands Of" the laid , alter duly advertiimg the lame 
 
 accoidintjj to law, andtiien and there chd ft.U the lame 
 
 to the laid Jesse ^barp, for the funi of dollars, he 
 
 being the highell bidtler, and that the hif^heft and beft 
 price bitlden for the fame ; which fale, on report there- 
 of made to the laid judges, on the day of , 
 
 was confirmed by the faid court, and it nas confidered 
 and adjudged by the laid court, that the fame Ihould 
 be and rem lin firm and liable for ever, as by the records 
 and proceedinL>;s of the fame court, reference b«ing; 
 thereunto hud, more fuliy and at large appears. Now 
 this indenture witnelfeth, that the faid Mary Hay, 
 
 for and in confideration of the faidfum of dollars* 
 
 to Jicr in hand paid by the faid Jesse S/jirfj. at and be- 
 fore the cnfcaling and delivering hereof, tne leceipt 
 whereof Ihe doth hereby acknowledge, and thereof ac- 
 quit and forever difcharge the faid Jesse Sharp, his 
 heirs, executors and adminiilrators, by thefe prefents, 
 hath granted, bargained, fold, releafed and confirmed, 
 and by thefe prefents, doth grant, bargain, fell, releafe, 
 and confirm unto the iAxdJesseShiirp, all that piece or 
 
 parcel of land, lituate in , adjoining lands of , 
 
 bounded andd(fcribed as follows, that is to fay » 
 
 and containing acres : Together with all and fm. 
 
 gular the houfes, out-houfes, buildings, barns, ftables, 
 v,-ays, woods, waters, water-^ourfe-s, rights, liberties, 
 privilege*^, hereditaments ana appurtenances whatfoe- 
 ver thereunto belonging, or in any wife appertaining, 
 and tlie reverfions and remainders, rents, ilTnes, and 
 profits thereof, and alfo all the ellate, right, title, inte- 
 refl, property, claim, and demand whatfoever of the 
 faid John Hay, in his lifetime, at and immediately be;-f 
 forethe time ofhis deceafe,or of herthe i-oXdMaryHo^y
 
 U^ DEED. 
 
 in law or equity or otherwife howfoever, of, in, to ot 
 out of the fame : To have and to hold the faid piece 
 or parcel of land, hereditaments and preijiifes hereby 
 granted or mentioned or intended fo to be with the ap« 
 purtenances, unto the faid Jesse Sharps his heirs and 
 afiigns, to the only proper ufe and behoof of the laid 
 Jesse Sharpy his heirs and aifigns forever. In uit« 
 nefs, &c. (6'^^ Read's Dig, 188.) 
 
 Sheriff ^s Deed upon a Venditioni Exponas., 
 
 To all people to whom thefe prefents Iball come^ 
 Henry Smithy efquire, high Iherifi' of the county of 
 "' — -—^ in the commonwealth of Pc«;z57/=yc?;?ii7, fendeth 
 greeting : Whereas b}' a certain writ of i^Vtri Facias^ 
 ilfued out of the court of common pleas, for the coun- 
 ty of -, telkd at -— -, the — — day of to the 
 
 faid flieriff dire6led, he was commanded that of the 
 goods and chattels, lands and tenements of Ann Noh^- 
 late of his county, ividov:^ m bis bailiwick, he ftould 
 
 caufe to be levied as well a certain debt of , which 
 
 Simon Prahl^ lately in the faid court recovered againft 
 her as — ■ — , which to the faid Simon Prahl were ad- 
 judged for his damages, which he fuftained by occaiion 
 of the detention of that debt, and that he fliould have 
 
 tbofe monies before the judges of the faid coTirt at ^ 
 
 at a county eourt of common pleas there to be held for 
 
 the faid county of , the -^-^--^ then next, to render 
 
 to the faid Simon Ppahl, for his debt and damages a^ 
 ■forefaid, whereof the faid Jnn Nob is convi«£l, as ap-* 
 Jjcars of record, and that he fiiould have then there 
 that writ. And v/hereas the faid llierifF did on that day 
 yeturn to the faid judges at — — , that by virtue of the 
 laid writ to him direiSled, he had feifed and taken in 
 execution, a certain messuage^ ye. [^according to the 
 sheriff U return^'] which remained in his hands unfold 
 ^F-W.^nt of buyers, fo thai he eoitld not have the mo*
 
 DEED, 
 
 44^ 
 
 nics in the faid writ mentioned, at the day and place 
 therein Ipccihcd, as by the laid writ he was command- 
 ed, and that the rclidue of the execution of the faid writ 
 WHS contained in a certain fehedule or inquilition there- 
 unto annexed. By which faid IcUedule or intjuifition it 
 appears on the oaths and affirmations of the inquell 
 therein named, and under their hands and ftals, that 
 the rents, ilUies and protits of the faid nicssuugt;^ yc\ 
 were not of a clear yearly value beyond all reprilcs, fuf- 
 ficient within the fpace of feven yeais to fatisiy the 
 debt and damaj^es in the laid writ inenuoned. And 
 ivhereas by a certain writ of l^cnditio7n Exponas^ iffii* 
 
 ed out of the laid court, bearing telle at aforefaid, 
 
 the — — day of lail pall, and to the laid llierilf 
 
 directed, he was commanded that the faid messuage^ 
 is'c. with the appurtenances lb by him feifed and taken 
 in execution as aforefaid, he Ihouid expofe to faie, and 
 that he Ihould have the monies ariling from fuch I'ale 
 
 before the faid judges at , at the court of common 
 
 pleas there to be held, for the faid county of , the 
 
 day of then next, to render to the laid /S"/* 
 
 mon Prahl^ for his debt and damages aforelliid. And 
 whereas the faid llicriS" having given due and legal no- 
 tice of the time and place of lale of the laid messuage^ 
 
 ^"c. did on Monday the day of , expofe the 
 
 fame to fale by public vendue or outcry, and fold the 
 
 fiime to Jacob Long^ of , for the fum of , he 
 
 being the highell bidder, and that the higheft ajnd beft 
 price bidden for the fame. Now know ye, that the faid 
 Iheriff, for and in confideration of the aforefaid fum of 
 
 to him in hand paid by the faid Jacob Long^ at 
 
 and before the enfealing and delivery hcreof,the receipt 
 M hereof he doth hereby acknowledge, hath granted, 
 bargained, and fold, and by thcfe prefents, according 
 to the directions of the faid lad recited writ, and by 
 force and virtue thereof, doth grant, bargain and fell 
 unto the fiud Jacob Long, \\u heirs and iiflig;n.S5 all that
 
 AU DEED. 
 
 the faid messuage^ ^c. Together with all and fingular 
 the builcihigs, iinprovcniculb, I'lgntb, witUii eis and iip- 
 piineuaiictb whaiiocvcr thcicunto bcion^ing^ or m any 
 Wiie appertaining, and the reverfions and remainders, 
 renis, lilbcs and profits thereof. Aiid alio ail the el- 
 tate, right, title, interell, property, chum and demand 
 xvhatfoever of her the laid Jhni Ncb^ of, in, to or 'out 
 of the fame : To have and to hold the faid messuage^ 
 i^jc. hereditaments and premifes hereby granted or 
 yiientioned or intended fo to be, with the appurtenan- 
 ces, unto the faid Jacob Long, his heirs and affigns, to 
 his and their only proper nle and behoof forever, for / 
 fuch eilate and under fuch rents and conditions as the 
 iliid Ajvi Nob had and lield the fame. at ad iramediaie- 
 iy before ihetaking thereof in execution, but for no 
 .larger or greater ellate than Ihe tht find Ann JVcb^ then 
 and then- had and heJdthc lame, according to the form- 
 and effc6\ of the laws and ufage of this commonwealth, 
 in fuch caff mode and provided. In witnefs whereof 
 the faid flierift'hath hereunto fet his hand and feai the 
 
 Sheriff'^ s deed upon a Lcoari Facias, 
 
 To all people to whom thefe prefenls fliall come, 
 Henry Smith, efquire, high IherifF of the county of 
 — — , in the commonA\ealth o\ Pcnnsyhnnia^ fencieth 
 greeting : Whereas bv a m rit of Ijevari Facias illued 
 out of the county court of common pleas of the county 
 
 of—, bearing tefle ^^t—r— , the ^ day of — -\^ 
 
 last p^st, toX\\Q faid flierifT dive^led, he was com- 
 manded that without any other writ of the lands and' 
 
 tenements oi Ann Nobb, late of- , widow, in his 
 
 bailiwick, to wit, ofajcertain Tnessuagc, &c. he fhould 
 eaufe to be levied, &€. \_as in the ii'rir] and that he 
 
 lliOLjld have thofe monies before the* judges tit , 
 
 at the GOimty court of coiBmon pleas, there to be held
 
 D. E E D. 44f 
 
 for the faid county of , t!ie -- — day of then 
 
 ntxt, 10 rtii^cr lo tuc laid Siviott VrabL^ lor his debt 
 &.ualnagcbL^l'ofci"al(i : And whcrcas the laid ibcnirhaving- 
 given diiu ii. legal notice; ot the time and place 61 ialeot' 
 
 the faid in.:isuagt\ &.c. ditl on Silonduy, the day 
 
 of , cxjjofe the fame to fale by public vendue or 
 
 ouLcry,aiid fold the fame to Jacob Long^ oi , for 
 
 the fiim of , he being die highcil bidder,' and that 
 
 tile rngiielL and bell price bidden for ihe fume : No\v* 
 know \e that the faid Iheriff lor and in coniiderutiou 
 oi tlie afoiefaid fnm of — ,toliim in hand paid by the fuid 
 Jacob Lon[>\, at and befoie tlie enfealing and dehvery 
 hereof, the receipt whereof he dotli hereby acRnon- 
 K-iR^e, hath granted, barp;ained and fold; and by ihcfe 
 prefents, aeeoidinj:^- to the dirt6\ions of the liiid re- 
 cited writ and by force and virtue tjiereof, doih grant, 
 bargain and fell unto the laid Jacob Long^ his heirs and 
 ailigns, all that the faid messuage^ csV. '1 ogether uiili 
 all and lingular the buikhngs, improvements, rights, 
 members and appurtenancesiwhatfoever thereunto be- 
 longing, or in any w ife appertaining, and the reverli- 
 ons and remainders, rents, iirues and profits thereof, 
 and alfo, all the elhite, rivht, litie, intereil, property, 
 elaim and demand whatfoever, of her the faid .iim. 
 A'obb, of, in, to, or out of the Hur.e, To have and to 
 hold the faid incssuagc^ ^c. hereditaments and premi- 
 I'es herebv granted or mentioned, or intended fo to be. 
 M'ith the a])purtenanees, unto the faid Jacob l.ong^ his 
 heirs and allfs^tis, to his and theii only proper ufc •^SiA 
 behoof forever, for ftich elhite and under fnch rents and 
 conditions as the faid Ann Nobb had and held the 
 fame at and immediately before the taking thereof in 
 execution, but. for no larger or greater eftate than Ihe 
 the faid Ann .\obb^ then and tiveie had and held the 
 fame, aceordingto the form and effLct of the laws i\\\d 
 (jfage of this eonu..ionweaUh, in fnch cafe made and 
 provided. In witneis whereof the faid Iheriff \\2il\{ 
 hereunto fet his hand and leal, the dav of ■ ■ ».
 
 445 DEED. 
 
 |f3* This deed applies where lands are fold upon a 
 inoitgage, m whica care no previous condcmrmtioa 
 jof umncjuctl is required. Sec Ilcad^i -^'g- ^^7. 
 
 A Deed by Sherif for Lands sold by bis^prcdecessor. 
 
 To all people to whom thefe prefents Ihall come, 
 JJcnry Sjniib, cfquire^ high IherifF of the county of 
 
 , in the commonwealth of FtJinsyhunia, IciKleth 
 
 greetmg : VViiereas by a certain writ oi Fieri Facias 
 jiiued out of the court of common pleas for the faid 
 
 county of , teiliird at — - — , the day of , 
 
 the IhcriiFof the faid county was commanded that of 
 tiie goods and chattels, Luids and tenements oi'ylnfiJVoby 
 lave of ius count]', widow, in his bailiwick, he ihould 
 
 caui'c to be levied as well a certain debt of , which 
 
 Simon Prahi, lately in the laid court recovered againft: 
 
 her as y which to the faid Simon Frabi were ad- 
 
 judi;ed for his damages, which he fuflained by occafion 
 of the detention of that debt, and that he Ihould have 
 thofe monies before the judges of ihe faid court at - — , 
 at a county court of common pleas, there to be held for 
 
 the faid county of , the then next, to render 
 
 to the faid Simo7i Fra/bl, for his debt and damages a- 
 ibrefaid, whereof the faid Ann Neb is convict, as ap* 
 pears of record, and that he Ihould have then there. 
 that writ. And whereas Adam Krum^ efquire, the then 
 iViCrifTof the faid county, did on that day return to the 
 
 faid judges at , that by virtue of the faid writ to him 
 
 directed he had feifed and taken in execution a certairk 
 ^ncssuage, ^c. [_according to the sheriff "^s return^'\ 
 which rem^'''ii'Cd in his hands unfold for v/ant of bity- 
 ers, fo that he co?ild not have the monies in the faid 
 V'rit mentioned, at the day and place therein fpecified, 
 as Vjy the faid writ he was commanded, and that the 
 refidueof the execution of the faid Wiit was contained 
 1i:j a certain feh^dule qx inf^uifition thereunto siunexo^di
 
 DEED. U7 
 
 By which Hiid fchedule or inquifition it appears on the 
 oaths ami aiiirniations of the iuqutlt therein naiiied, 
 and iindtr their hands and fcals, tliat the rents, illues 
 and profits of the laid messuage^ £?V. were not ofa clear 
 yearly vahie beyond all rtprilcs, lufficient within tlie 
 fpace oflevcn years to latisly the debt and daniaets ia 
 the lliid writ niertioned. iVnd whereas by a ctrlaiu 
 w rit of rcnciitionilLxponcJs, illued out ol'the faid court, 
 
 bearinj^ telle at aloreluid, the day of 
 
 lad pait, and to the faid Iherift" directed, he was com- 
 manded that the faid messuage^ i^c. with the appurte- 
 nances fo by him feifed and taken in execution as a- 
 foV.efaid, he lliouid expofe to fale, and that he Ihoultl 
 Have the monies ariling from fuchfale, before the faid 
 
 judges at , at the court of common pleas there to 
 
 be held, for the faid county of — — , the day of — 
 
 then next, to render to the faid Simon Prahl^ for his 
 debt and damages aforefaid. And whereas the laid 
 Adam Krum^ the Iherift' aforefaid, havinjj given due 
 and legal notice of the time and place of fale of the faid 
 
 messuage^ <5'c. did on Monday the day of , 
 
 expofe the fame to fale by public vendue or outcry, and 
 
 fold the fame to Jacob Lcn^, of , for the fnm of 
 
 — — , he being the highcil bidder, and th:^ the high- 
 eft and bell price bidden for the fam.c. And whereas 
 the faid Adam Krum^ late Iherifl" as aforefaid, was re- 
 moved from his ofiice aforefaid, before any deed was 
 executed by him to the faid Jacob I-^ong^ the purcha- 
 fer aforefaid ; whereupon the faid Jacob Long did pre- 
 fer his petition to the judgch) of the faid court of com- 
 mon pleas, at an adjourned court of common pleas, 
 
 held at — , for the faid county of — •- — , on , 
 
 the — . — day of—— last past, fettihg forth thcrc-iii 
 as is above recited, and praying the li\id court to or- 
 der and direct the faid Henry Smith, the prefent flic 
 rift', to execute a deed to him the faid Jacob Lrrtg, f-pr 
 the faid messuage^ y<:, fo as aforefaid purchafcd. Ia
 
 4U DEED. 
 
 purfuance Vvliercof the faid court did then arid there 
 order and dirc6l the laid Iknry Smithy the preit.i>t 
 
 fheritt of the faid county of , to perfect Uie title 
 
 of the faid Jacob Lojiv;, by executing a deed toh-ini for 
 the premifeb fo as aforefaid purchafed of the faid Adam 
 Knim^ late Iheri'ff, according to the ac\ of general af- 
 fembiy in fuch cafe provided, as in by the records of 
 the faid court, relation thereunto being had more iiilly 
 and at large will appear. Now know ye, that the faid 
 .Henry Smithy efquire, high fneriff as aforefaiel^ in pur- 
 fuance of the faid order and diredlion of tlie court a- 
 ibrefaid, and alfo for and in confideralion of the aloj e- 
 
 faid fum of to the faid Adam Krum, late fiierifF, 
 
 in hand paid by the faid Jacob Lon^^ (the receipt and 
 payment whereof is hereby confefied and acknowledg- 
 ed by the faid Adam KrumJ^ hath granted, bargained 
 and fold, and by thefe prefcnts doth grant, bargain apd 
 fell unto the faid Jacob Long, his heirs andalfigns, all 
 that the faid fncssuage^ ^c. Together with all and fuv 
 gular the buildings, improvements, rights, members 
 nnd appurtenances whatfoever thereunto belonging, or 
 in any wife appertaining, and the reverfiqns and re- 
 mainders, rents, iifues and profits thereof, and alfo alJ 
 the eilate, right, title, intereil", property, claim and de- 
 mand whatfoever of her the faid. "/a/;; A'ob, of, in, to or 
 out of the fame : To have and to hold the faid mcssu- 
 c^gf, c>V. hereditaments and preraifes, hereby granted 
 or mentioned, or iiuended fo to be, with the appurte- 
 nances, unto the faid Jacob i..Q;?g, his heirs and afiigns, 
 to his and their only proper ufe and behoof forever, 
 fgr fuch eilate and under fuch rents and conditions as 
 the faid Ap.7i Noby had and held the fame at and imm.e- 
 diatelv before the taking thereof in execution by the 
 fnid Adam ICrum, as aforefaid, but for no larger or 
 greater cllate than (he the faid Ann Hob then and there 
 bad and held the ilime, according to ?he form and (^(.61 
 of the: Uwr: an^^l ufage of this commonwealth in fugh
 
 D H E D. 44? 
 
 ie^fe made and provided. In witncTs whereof the fiiid 
 
 Iherili" luith hercLinto fethis hand and leal the day 
 
 ol' . 
 
 8C7=» The form of a petition to the court required in 
 this cafe will be found under title '' Petition." The 
 old IheriffhavMii^ aclual'.y received thcmoiu}. Ihoiild 
 fjgn the receipt in the deed. See Read's Dig. 354, '^c» 
 
 By an Executor on contract of the TcStafor, 
 
 This Indenture, made the day of , be* 
 
 twecn Epbra27n Sniiiplc of , esquire, furviving 
 
 executor of the idft will and teftanient of tfiilter J.dhe^ 
 laie of the fame p'.ace, esquire^ deceafcd, of the one 
 
 part, and Lewis Fee, of .yroman, of the othei* 
 
 part : VV'iereas the faid Walter 4d/ee, by force and 
 virtue of divers ^ood conveyances and afTnrancrs in the 
 law, dnlv had and extcMtt'd, became, in his iife time, 
 lawfully fe Z( (I, in his demefne :. of fee cfand in a 
 certain melfuage, Kc. fuuate, &.c. \^bere describe the 
 premises'^ with the appurtenances : And, being fo 
 
 thereof fcized, did, on or about the year , eiter 
 
 into a contra6l with a certain La Voge. fi)r the fale of a 
 certain tra6\ of land (part of the premifes aforelaid) 
 
 containing', by computation, about acres, be the 
 
 nune more or lefs, bounded, 8ic. \_as in agtcementl^ 
 
 for the fum of- -, per hundred acres ; part whereof, 
 
 to wit, were paid by the faid La Foge to the faid 
 
 jyalter Adlee in his life-time, ^c. And the faid Leiv» 
 is Fee, doth alledge, that, by divers mefne convt y \n- 
 Ces and alfurances in the law, the rig:ht and intend of 
 the faid L'a Foge, of and in the aforefaid tra6\ of land, 
 is now veftcd in him the (aid Lcivis Fee, fubje61: "o he 
 payment of the refiduc of tlie purchafe monej- afore*
 
 455 DEED. 
 
 faid, with intercft : A«d whereas the faid IFalter Adlc^ 
 did not compiy with the faid contraa in his iiie-time, 
 nor was there any fnfficient proviiion made by him 
 for the performance thereof: And whereas, agreeably 
 to the provifions and dire<5\ions contained in the acl oi 
 general aifembly of this commonwealth, paifed the thir- 
 ty-firil day of March, Anno Domini one thoufand fe- 
 ven hundred and ninety two, entitled, " An a61: to en* 
 lible executors and adminiilrators, by leave of court, 
 to convey lands and tenements contracted for, with 
 their decedents, and for other purpofes therein men* 
 
 tioned,*' the faid Lewis Fee did on the day of , 
 
 Stc. caufe and procure the faid recited contract to be 
 duly proved in the court of common pleas oi the faid 
 
 county of ; which proot was adjudged by the 
 
 faid court to be fufficient and Johji Boat, efnuire, pro- 
 thonotary of the fame eourt, on the fame day and year, 
 did annex the fame to the faid c.ontraft, and did certify 
 the fame under his hand and the fcal of the faid court : 
 
 and thereupon the fame was on the ■ day of • 
 
 lafl paft recorded in the office for recording of deeds of 
 
 the faid county of- , in book • , piige &c. 
 
 And whereas the faid Epbraim Sample, as executor 
 aforefaid, preferred his petition to the faid court, pray- 
 ing leave to make and execute a deed of conveyance to 
 the faid Lewis Fee, and his heirs, for the faid tra6t of 
 3and (which by a furvey thereof lately made has been 
 
 found to contain acres, and is butted, bounded and 
 
 <iiefcribed as hereinafter mentioned) with the appurte- 
 nances, according to the true intent and meaning of the 
 
 faid contrail : Whereupon the faid court, on the • 
 
 day of iaft paft, having confidcred the prayer of the 
 
 faid petition, and the evidence of the contra6t afore- 
 faid, ordered and decreed, that the faid Epbraim Sam- 
 ple, as executor aforefaid, fhq^ild make and execute a 
 deed to the faid Leivis F'ee, and his heirs, of the herein 
 after defcribed tra^ ef land, agreeably to the Krnis of
 
 DEED, 45ir 
 
 ihc faid contrail:, as by the records of the faid court, 
 relation being thereunto had, more fully and at large 
 appears. Now this indenture vvitneiieth, that the laid 
 Ephrann Sample^ for and in conhdcration of the fuoi 
 
 of , (being the balance of the purchafe money 
 
 and intcrell thereon) unto him in hand well and truly 
 paid by the laid Lcvjis Fee^ at and before the enfealing 
 and delivery hereof, the receipt whereof is hereby ac-. 
 knowledged, hath granted, bargained and fold, aliened, 
 relcafed and confirmed, and by thefe prefents, by virtuj? 
 and in putfuancc of the faid decree, doth grant, bargairx 
 and fell, alien, rclcafe and confirm, unto the faid Le^co*. 
 is Fee^ and to hi:» heirs and afligns, all that the afore- 
 faid tra6l or pieee of land, bounded and defcribed as 
 
 follows, to wit : Beginning, &c. Together, &c. 
 
 \_as in, other deeds of cowocyancey 'without ivarranty.'^ 
 
 icr See Read's Digeft, 121, ^c. and forn>qf peti-; 
 tion under title "■ Process.'-' 
 
 For barring an Estate-taiL 
 
 This indenture, made the daj' of , between 
 
 Rose Coli\ of , of the one part, and Enoch Tack. oJT 
 
 , of the other part, witnelfeth. That the faid RosQ- 
 
 Cole^ for and in conlideration of the fum of , to her. 
 
 in hand paid by the Enoch Tack^ at and before the eu.- 
 fealing and delivery hereof, the receipt whereof is here- 
 by acknowledged, and alfo for the purpofe of barring 
 the eftate-tail, of which the faid Rose Cole is feifed in 
 the rent-charge hereinafter mentioned, hath granted, 
 bargained, fold, aliened, enfeoffed, releafed and con*, 
 firmed, and by thefe prefents doth grant, bargain, fell, 
 alien, enfeoff, releafe and confirm, unto the faid Etmcb 
 7 Ji:/^, his lK;irsand afligns, all that yearly rent-charge 
 or fum of — '— , payable on fr——, arifmg and ifTuing
 
 4^2 DEED. 
 
 out of a certain lot of ground, with the buildings, 
 
 thereon trtCtcU, liludte; lyingaiid being in , with 
 
 the appurteuanceb, aiid ihe reveriion and levei lions, 
 remainder anU remainders thereot ; and alio an the 
 ellaie, rigiit, tiiie and interell of her, ihe faid Ruse Cole^ 
 of, in, to and out ol the fame : To have and to hold 
 the fame yearly rent- charge with the appurtenances, 
 muo IDC laid Etiocb Tack^ his heirb ana aiiigns, forq* 
 ver, in witnefs, &c. 
 
 Same hy in ay of confirmation. 
 
 This indenture made the day of , between 
 
 the honorable John Perm, efquire, one of the late pro- 
 prietors ot Pennfylvania, (by Enoch Price, of , his 
 
 attorney, duly conllituted) of the one part, and George 
 Kline, of— — -, of the other part : Whereas the faid 
 John Penn^ by his faid attorney, by indenture bearing 
 date the — day of , for the conlideration there- 
 in mentioned, didgrant and convey unto the faid George 
 Kline^ and to his heirs and afligns, a certain lot or pieee 
 
 of ground, fituate in , with the appurtenances, to 
 
 hqid to him, the faid George Kl'ine^ his heirs and af. 
 fi£?tis, for ever, yielding and paying therefor unto the 
 faid John Penn", his he'irs and affigns, the yearly rent 
 
 or fnm of — — , on the day of • yearly fore- 
 
 ever : And whereas the faid John Penn having receiv- 
 ed from the faid George Kline, the full value of the 
 faid lot of ground, did intend, by and under the above 
 recited indenture, to vefl in him, the faid George Kline^ 
 his hers and affigns, an abfolute ellate of inheritance 
 In fee fimple of and in the aforefaid lot or piece of 
 ground under the yearly rent charge aforefaid : But 
 forafmuchas the faid 7o/6n Penn, at the time of mak,. 
 ing and executing the faid indenture, was feifed onl/ 
 of an eftate-tail in the premifes : Therefore this inden- 
 ^re witneileth, timt the faid John Penn, (by the faid
 
 \ 
 
 DEED. 453 
 
 i?«oc/6Pr/V(f,hisattoriiLy,thereto duly conftitutedjfor the 
 puij-jole orbaniiig a;u.i UL-llioying the find tilatc-tail,of 
 vvaicli he waborib i'cilbd ni the prcmiles aioreiaid • and 
 in purluance and by virtue of aa act of the general af- 
 iembiy ot Penniyivania in luch cale made and piovided, 
 intititd, '" An act to lacihtatc the barring ol" cntaiib," 
 and for and in conlideration of the fum of live IhiUiiigs, 
 lawful money of Pennfyivania, unto him, at the execu- 
 tion heicof, by the laid George Kline, well and truly 
 paid, the receipt whereof is hereby acknowledged, haih 
 given, granted, bai gained, fold, ratified and confirmed, 
 and by thefe prefcnts doth give, grant, bargain, fell, 
 ratify and conlirm unto the laid George Aline, and to 
 his heirs and afligns, all that the aforefaid lot or piece 
 of ground, together with the appurtenances, to have 
 and to hold the faid premifes, with the appurtenances, 
 unto the faid George Kline, his heirs and afligns, to his 
 and their only proper ufc and behoof, for ever : Never- 
 thelefs, under the yearly rent- charge in the above reci- 
 ted indenture referved, and fubject to all the rights and 
 powers therein contained, of entering and dillraining 
 on the premifes for non-payment thereof. In witnefs, 
 fee. 
 
 fCT See Read's Digcft 118, 119. 
 
 By Executors, 
 
 This indenture made the day of -- — , between 
 
 IFilUam Carter and Damd Tooke , executors of the 
 teitamentand laft will ai Rice Carter, late of— — yeo- 
 7nan, deceafcd, of the one part and Jacob Miller, of 
 
 , yeoman, of the other part : Whereas the faid 
 
 Rice Carter, by force and virtue of divers good 
 conveyances and aifurances in the law, duly had 
 and executed, beeame in his lifetime lawfully feifed in 
 jriis (lemefne, as of fee, of aod in a (pertain plantation
 
 454 D E K D. 
 
 and tra6V oFland, fituate and being in the townfliip of 
 
 . aioi claid, bouiukd and aeicribtd as loliou b. that 
 
 is to fay : Beguining, ^'ijjc-. containing acres, 
 
 i^ithihe appurtenancts. i^ixl being lo thereof itiled 
 
 asaforeiaid, the laid liice Carter on the day of 
 
 ,— — , made his iall will and teilranent in writing, 
 levherein and whereby among other things he did order* 
 snd direci his executors ihereui after named, to leH and 
 convey the faid delcribed plantation andtract oflandior 
 the beft price that could be had for the fame, and of his 
 fa^d will did make and C'jnfiitute the faid IFiHi-.im Car^ 
 ier and Di'Oid tooke^ to be the executors, and died 
 without altering or revoking the fame, as in anci by the 
 
 faid u il remaining in the regifter's office at , re-* 
 
 ferenee ihereu^'.to being had will more at largt appear, 
 Kow this indenture w itnefleth, that the faid JFiltiam 
 Carter 3.nc] Da'vid Ttwke, for and in coiifHieration of 
 
 the fum of to them in hand paid by the f iid Jacob 
 
 MiUer^ at and before the enfealing and delivering here- 
 cf» the receipt and payment whereof they do hereby ac- 
 knowledge, and thereof acquit and forever difcharge 
 the faid Jacob AliUer^ his heirs, executors and admin- 
 Sllrators, by thefe prefcnts, have granted, bargained, 
 fold, aliened, releafed and confirmed, and by thcfe pre- 
 fents (by virtue of the powers and authorities to them 
 given by the faid will, and purfuant to the dire6\ion3 
 thereof J do grant, bargain, fell, alien, releafe and con- 
 firm unto the faid Jacob Miller^ his heirs and aiTigns, 
 all that the above mentioned and dcfcribed plantation 
 and tra6l of land with the appurtenances : Together 
 with all and lingular the houfes, out-houfes, buildings, 
 barns, flables, ways, woods, waters, water- courfes, 
 rights, liberties, privileges, hereditaments and appur- 
 tenances xvhatfoever thereunto belonging or in any wife 
 appertaining, and the reverfions anrj remainders, rents, 
 iffues and profits thereof : and alfo all the eflate, rights 
 title, intereil, property, chim and demand whatfoever
 
 DEED. 455 
 
 ctf the faid Rice Carter^ m his lifetime at and immcdi- 
 btel')' before the time of his deceafe, of, in, to or out 
 
 of the fame ; To luive and to hold the faid plantation 
 and tradl of land, hcicditamenib and prernifcs, licieLy 
 granted, or mentioned, or intended lb to be, with the 
 appurtenances, unto the faid yt/cc*^ Jl//7/rr, his heirs 
 .unci allij^ns, lo the OTily proper ale, benelit and behoof 
 (5f the faid Jacob AI tiler ^ his lieirs and alligns forever. 
 And the faid IfiUiam Carter^ and Daxid'Tooke^ do 
 feverally, but not jointly, or tlu; one for the other, or 
 for the aQ or deed of the other, but each for his own 
 a6ls only, covenant, promife, grant and agree to and 
 v.ith the faid Jacob JSliller^ his heirs and alligns, by 
 thefe prefents, that they the faid IVill'iam Carter and 
 Dainu Tookcy have not, nor hath either of them done, 
 committed, or uiuingly or \villin5>ly fuftercd to be 
 done or committed any atl, matter or tiling whalfoevcr 
 whereby the premifes aforefi'.id, or any part thereof is, 
 are or lliall or may be impeached, charged or incuiTu- 
 bLTcd in title, charii;e or ellate or otherwife howfoever. 
 In witnefs, SxC. 
 
 By an Administrator ivitb tie irU! annexed. 
 
 This indenture macfc the dr.y of , bet'>vcci3 
 
 Samuel Springs adminillrator of all and lingular the 
 j^oodsand chattels, rights and credits, v hiih v\ere of 
 
 Rice Cox, late of ^yeoman, deceafed, with the will 
 
 of the faid Rice Cox annexed, of the one part ; and 
 
 Jacob 3fonky of ^ yeofnan, of the other part: 
 
 \\'hereas the faid Rice C'o.v,by force and virtue of di- 
 vers good conveyances and aifurances in the la^', duly 
 had and executed, became in his lifetime lawfully feifecl 
 in his dcmefne as of fee, of and In a certain plantation 
 and tract of hmd, hiuatc and being in the townliiip of 
 
 aforefaid, bounded and dcfcribed as follows, that 
 
 h to i\\)i : fjeginning— S>c. contaming; — -vcreg. 
 
 \
 
 ■^$ DEED. 
 
 with the appurtenances. And being (o thereof fcifed 
 
 as aforefaid, the faid Rice Cox, on the day of , 
 
 made his laft will and tcftament in writing wherein and 
 whereby among other things he did order and direct 
 his executors therein after named, to fell and convey 
 the faid defcribed plantation and tract of land, for the 
 beft price that could be had for the fame, and of his 
 faid will did make and conflitute JFalter Cox and Da- 
 vid Tdd, to be the executors, and died without altering 
 or revoking the fame, as in and by the faid will remaui- 
 ing m the regiller's office at , reference thereun- 
 to being had will more at large appear. And whereas 
 the faid Walter Cox and David Tod, having accepted 
 the faid trull, are both dead, widiout having made any 
 faleof the faid plantation and tract of land as af<.«refaid, 
 {[or, bave both refused to take upon them the burthen of 
 the said executorship. Or, h>^ving taken upon them 
 the burthen of the said executorship, and made a set- 
 tlement of their accompts as far as they administered 
 the estate of the said deceased, ivere at their desire 
 dismissed from the further duties of their appointment 
 
 by the Orphans' court of the said county of .Or, 
 
 as the case may be."] And letters of adminiftration of 
 the unadminiftered part of the eftate of the faid Rice 
 Cox, deceafed, with the will of the fliid Rice Cox an- 
 nexed, have been in due form of law granted to the faid 
 Samuel Spring, Now this indenture witneffeth, that 
 the faid Samuel Sfn'ing, for and in confidcration of the 
 
 fum of , to him in hand paid by the fiid Jacob 
 
 Monk, at and before the enfealingand delivering here- 
 of, the receipt and payment whereof he doth hereby 
 acknowledge, and thereof acquit and forever difcharge 
 the faid Jacob Monk, his heirs, executors and admini- 
 ftrators, by thefe prefents, hath granted, bar^^ained, 
 fold, aliened, releafed and confirmed, and by thefe pre- 
 fents (by virtue of the powers and antboriries giv^n by 
 the faid will and in purfuance of the dnectionjj of m
 
 D E E a 457 
 
 act,of ^'eneral ancmblypaircd the tweift1\day of March 
 Anno Domini, one thouUind arid eight hundred, eiiti* 
 tied '• A:i act dcclarinpj the power and authori y given 
 by any lall will and tellaineut to executors, to icll and 
 convey real eltates, to be and remain in the furvivors 
 orfurvivor of them, unlefs otherwife exprcITid in the 
 will ol" tiie tellator, and for other purpofes therein men- 
 tioned,") dotU grant, bargain, fell, alien, releafe and 
 confirm, uatothe iludJucof^Afun/i^h]^ heirs and ailigns.all 
 that the ai)ove mentioned and defcribed plantation and 
 tract of land with the appurtenances : Together with 
 all and fingular the houfcs, out-houfes, buildings, 
 barns, llables, ways, v/oods, waters, water-courils, 
 rights, liberties, privileges, hereditaments and appur-*" 
 tenances whatfoever thereunto belonging. Or in any 
 •wife appertaining, and the reverfions and remainderSj 
 rents, iiuies and profits thereof : and alfo all the ellate, 
 right, title, interell, property, clain- and demand what^ 
 foeverof the faid Jiicf Cox, in his lifetime at and im- 
 mediately before the time of his deceafe, of, in, to or 
 out of the fame ; To have and to hold the faid plantati- 
 on and tract of land, hereditaments and premifes, hereby 
 granted, or mentioned, or intended Co to be, with th© 
 appurtenances, unto the faid Jacub Afonk, his heirs 
 and afH.^ns, to the only proper ufe, benefit and behoof 
 of the faid Jacob Monk^ his heirs and afligns forever. 
 And the faid Samuel Spring, d')th covenant, promife, 
 grant and agree to and with the faid Jacob Monk, his 
 heirs and afligns, by thefe prefents. that he the faid Sa- 
 muel Spring, has not done, committed, or wittiiigly 
 or willingly fuffcred to be done or committed any adt, 
 matter or tiling whatfoever whereby the premifes afore# 
 faid, or any part thereof is, are or' fliall or may be im* 
 peached, charged or incumbered in title, charge Or ef* 
 tate or otherwiH^ howfoever. In witnefs^ &C. *$V,| 
 Read's Dig, 126.
 
 458' BEE 0, 
 
 J^or Lands sold by AdmhiistratorSy hy order of Or^^ 
 f'ba?is'' Court. 
 
 This indenture made the -^ — day of , between 
 
 Timothy Rich and /^dam Strongs admhiiilrators of all 
 and fingular the goods and chattels, rights and credits, 
 
 ■which were of Abel Bush, late of' , yeoman, de- 
 
 ccafed, of the one part, and Edward Gale, of , 
 
 gentleman, of the other part : Whereas the faid Abel 
 £ush,Wcis'm his lifetime lawfully feifedin hisdemefneas 
 of fee, of and in a certain plantation and tract of land, fi'* 
 
 tuate in and bounded and defcribed as follows, 
 
 that is to fay '. Beginning at containing, ^cc* 
 
 viththe appurtenances, and being fo thereof feifed as 
 aforefaid, died intcftate. And whereas at an Orphans' 
 
 €0urt held at , in and for the county of' —^ — , a- 
 
 forefaid, the •— — day of — , upon the petition of 
 Charles Bush, eldest son and heir at laiv, [_or, as the 
 rase may be'] of the faid Abel Bush, praying the court 
 to award an inquell, to make partition of the faid real 
 eflate of the faid intellate^ in the faid petition mention- 
 ed, to and among his children and reprefentatives, in 
 fuch manner, and in fuch proportions, as by the lav/s of 
 Pennsyhania, is directed and appointed, if fuch par- 
 tition could be made without prejudice to or fpoiling 
 the whole, otherwife to value and appraife the fame, 
 the faid inquell was awarded by the court, according 
 to the prayer of the faid petitioner. Whereupon a writ 
 of partition or valuation ilTued out of the faid courts 
 bearing telle the — — day of — r-, to the flieriff of the 
 iaideounty dire6led,commandinghimtofummonan in- 
 quell, to make partition of the faid real ellatc to and 
 among the children and reprefentatives of the faid in- 
 teftate, according to law, if fuch partition could be 
 thereof made without prejudice to, and fpoiling the 
 whole ; but if fuch partition could not be thereof made 
 AS aferefaid, then t© Yalae and appraife the fame : An'J
 
 DEED, ^^. 
 
 ihat that partition or valuation fo made, he fliould dif- 
 tinclly and openly have bflbre the judgcb ol' the laid 
 
 court at , the day of— then next. At 
 
 whieh day, before the. judjjes aforedtid, the Ihcriif of 
 thefaid county, to wit. C/jjr Ic'sMdn,es(/.in\xdQ returnof 
 thefaid writ, with afchedule thereunto annexed, by 
 uhjch fehedule or inquifition, under the hand and fcal 
 as well of the faid iherift", as of the iiiquell tliercin 
 named, it appears, by the oaths and affirmations of the 
 faid inqued, that the real ellate in the faid writ menti- 
 oned could not be parted and divided to and among the 
 parties therein named, without prejudice to or fpoiling 
 the whole thereof: And therefore the inqueft aforefald, 
 upon their oaths or affirmations aforefaid, had valued 
 
 and appraifed the fame at the fum of dollars, 
 
 which return and valuation were, on motion, confirm- 
 by tlie court. And whereas, all the heirs and legal 
 reprefentatives of the V.ud .4bcl Busb, having feverally 
 and refpedively refufed to take the faid plantation and 
 tracl of land, at the valuation aforefaid, the faid court 
 did, upon the application of the faid Charles Bui^h, \_or 
 as the case may be'] grant a rule upon all the heirs and 
 legal reprefentatives of the faid inteilate, to fliew 
 
 caufe at an Orphans' court, to be held at , in and 
 
 for the faid county of—, the —day of then next, 
 
 xvhy the faid real eftate fliould not be fold according 
 to the a6\s of general aflcmbly, in fuch cafe made and 
 provided at which faid time and place legal ik>' ice of 
 the aforefaid rule being proved to have been duly giv- 
 en to all the heirs and legal reprefentatives of the faid 
 inteilate, and no caufe being Ihewn why the faid real 
 eftate fliould not be fold as aforefaid ; The faid court 
 did then and there make an order commanding the faiti 
 Timothy Richund Adam »S'rro;7§-, adminiftrators as a- 
 forefaid, to expofe the aforefaid plantation and tra6\ of 
 jand of the faid inteftate, to public fale, on the premi- 
 ses, upon the day of — «^ thcti ne^t, upon the
 
 4>m DEE D. 
 
 terms in the fai<3 order dire6led. In purftiance where- 
 of, the laid aammiilriitois having iirit given fufiicicnt 
 ft cunt) acLortliiig loiuu, tor the I'uilhiui execiuioii of 
 tlie pox^cr cumnuittd to them, cud on the day, and at 
 the place in ihc laid order duccled, expoie the prcnii- 
 fc5 cherein mentioned to faie, by public vendue, and 
 fold die fame to the faid Edward GaU\ at and for the 
 
 furn of dollars, ht being- the higheft bidder, and 
 
 that the hightll and btil piice bidcien tor the fan e ; 
 vvh'ch I'ale on return tliertof made to the judges cf the 
 fiiihf eciiit. oi; -ihe — iV,..\ oi — lafl piiit Vwic coi fin « d,. 
 and it was conildtred anu adjuilged l)y ihe faid eobrt, 
 that the faid plantation and Lra6i of land v\ iih the ap- 
 purteiiances, folbld, asaforeiaid, Ihouid be transicired 
 ano veiled in the .faid tiiwarci (jcJe, as fully as tlie hiid 
 Abel ii'«5/6,held the lame at his dece'afe, fubje6l andjia* 
 able lo the p-a} nient oi the purcha^^-'inoney , aeeording 
 to the teimsp'eferibed in the faid oider— as by the re- 
 cords and proceedings of the fame court, remaining at 
 
 , afoiefaul, relation thereunto being had, w^lluiore 
 
 fully and at large appear. ISiovv this indenture witnef- 
 feth that the faid Timothy Rich and Adam Strong, ad- 
 mh.ifc! aiors as aforefaid. for and in confideratinn of 
 
 the laid fum of dollars to them in hand paid by 
 
 the faid Edward Gaic\ at and before the enfealing and 
 delivery hereof, the receipt and payment Avhereofthey 
 do hereby acknowledge, iand thereof acquit and for- 
 ever difcharge the faid Edward Gale, his heirs, execu- 
 tors and adminiftrators, by thefe prefents, have grant- 
 ed bargai'if d, fold. aliened, relealtd and confirmed, and 
 by thefe prefents (By virtup of the po\^ ers and au- 
 thorities to them given by the aforefaid order of Or- 
 phans' court, and purfuant to the dire61ions thereof) 
 do grant, bargain, fell, alien, releafe and con-firm, un- 
 to the fnid Edward Guk his heirs and afligns. all that 
 the cibove mentioned an'i defcrib''d rihnnalio- and ^<:^Si 
 of land with ihe appurtenances : Together with all and
 
 DEED. AOX 
 
 fingiilar the houfcs, out- houfcs, buildings, barns, fta- 
 blcs, ways, woods, waters, watcr-courics, rii^dits, liber- 
 ties, 'privileges, hereditaments and appiircenanees w hat- 
 foever theieunto belonging or in any \\ iie appertain- 
 ing, and the reverfions and remainders, rents, iflues 
 and profits thereof; and alio, all the ellate, right, title, 
 inlereil, property, claim and demand w hatfoever of the 
 faid Abel Bus/j, in his lifetime at and immediately be- 
 fore the time of his deceafe,of, in, to or out of the fame : 
 To irave and to hold the faid plantation and tradl of 
 land, hereditaments and premifes, hereby granted, or 
 nicnrioncd, or intended fo to be, with the api)urtenan- 
 ces, unto the indFdward Gale, his heirs and alfigns, 
 to the only proper \\k%, benefit and behoof of the faid 
 I'^ikvard'Ciah;, his heirs and affigns foVever. And the 
 faid Timothy Rich and Adam Strongs do feverally, but. 
 not jointly, or the one for the other, or for the a(5\ or 
 deed of the other, but each for his own a6ls only, co- 
 veijant, promife, grant and agree to and with the faid 
 Edward Gah\ his heirs and afni:;ns, by thefc prcfents, 
 th'.it they the faid Timothy Rich and Adam Strong, 
 have not, nor hath either of them done, committed, or 
 wittingly or wiHinu;!v fuffcred to be done or committed 
 anv a6l, maf'-er or thing whatfoever whereby the pre- 
 mifes aforefiid, or any part thereof is, are or (liali 
 or may be impeached, charged or incumbered in title, 
 charge or eflate or other\\ife ho\\ever. In witnefs, 8^c. 
 |6^ See VI. Ads, p. 460, and Vill. Acts p. 157 
 la, (2dfefilon.) 
 
 JTor Lci7ids sold by a Guardian by order of Orphans 
 
 Court. 
 
 This indenture made the , between Peter Cole, 
 
 guardian legally appointed by the orphans court of ihc
 
 462 DEE D. 
 
 county o? -^ — , of the eflate oiScth Malcom, a minor 
 
 ionof y.i7rics Malcom^ late of .blacksmith, cle,. 
 
 ceafed, of the one purt» and Edward Gale, of , 
 
 ^cntlematiy of the other part ; Whereas by force and 
 -virtiieof certani good conveyances and aiVurances in 
 the law duly had and executed, the faid James Malcom 
 became in his life- time lawfully feized in his demefne^ 
 as of fee of and in a certain plantation and traCl of land, 
 iituate in -—and boundedand defcribed asfollows,that is 
 to fay : Beginning — , containing — acres,with the ap- 
 purtenances, and being fo thereof feized, made his laft 
 
 will and teilament in writing, bearing date r -, 
 
 wherein and whereby (amongll other things) he did 
 give and devife the faid plantation and tra^l of land un- 
 to his faid fon Sct.b Malcom and his heirs, as in and hj 
 the faid in part recited will (fmce his dcceafe duly- 
 proved and remaining in the register*s ofrice at ) 
 
 reference being thereunto had appears. And where- 
 as at an orphans court held at aforefaid, in and for 
 
 the faid county, upon the petition of the faid Seth MaL 
 cam, the laid Peter Cole, was duly appointed guardian 
 oftheeftate of the h'ulSeth Malcom, during his mi- 
 nority : And it appearing to the faid court that the 
 faid Seth Malcom was not poirefTed of a perfonal eftate 
 adequate to his m.aintenance and education, the faid 
 court did then and there make an order empowering 
 the faid Peter Cole to m.ake public fple of the faid plan- 
 tation and tract of land, the eftate of the faid Seth Mai- 
 £ofn, for the purpofes aforefaid, and to make a title 
 thereto to the purchafer, and did dirc6l the faid fale to 
 
 be held on the premifes, upon the day of then 
 
 next. In purfuance whereof the faid Peter Cole hav- 
 ing firft given bond with fufficient furety to the liiid 
 eourt, according to the a6\ ofafTembly, for the faithful 
 difcharge of the truft thus commuted to him, did on 
 ihe day and at the place in the faid order dire6\ed, ex- 
 j^fe the preaiMes therein mentioned to fale by j^ubliof
 
 D E E D^ m^ 
 
 <^miue and fold the fume to the faid I^ckvard Gaic, at 
 
 and for the fuin of , he being tlic higheft bidder, 
 
 and diat the higheil and bell priee bid en for the fume, 
 •\vhieh fale on re port thereof made to the judges of the 
 
 faid eourt on the \vas confirmed by the faid 
 
 court, and it was confidered and adjudged by the faid 
 court that the fame Ihould be and remain firm and lia- 
 ble forever, as by the records and proceedmgs of the 
 fanic court, reference thereunto being had will fully 
 appear. Now this indenture witnc ifeth, that the faid 
 
 Peter Cole for and in conlideration of the fum of , 
 
 to him in hand paid by the faid Edvjard Gate, at and 
 before the enfealing and delivery hereof, the receipt 
 «nd payment whereof he doth hereby acknowledge, 
 and thereof acquit and forever difcharge the laid JLti- 
 *ivard Galc^ his heirs, executors and adminillrators, by 
 thefe prefents, hath granted, bargained, fold, aliened, 
 releafcd and confirmed, and by thefe prefents (By 
 virtue of the pov/ers and authorities to him given by 
 the aforefaid order of orphans court, and purfuant to 
 the dire6\ions thereof) doth grant, bargain,feil, alien, re- 
 leafe and confirm unto the faid Edward Gale^ his heirs 
 and afiigns, all that the above mentioned and defcribed 
 phuitation and tra£l of land w ith the appurtenances : 
 Together with all and fingular the houfes, out-houfes, 
 buildings, barns, ftahles, wa}s, woods, waters, water- 
 •ourfcs, right-), liberties, privileges, hereditaments and 
 appurtenances whatfi)e\er thereunto belonging or in 
 any wife appertaining, and the reverfions and remain- 
 ders, rents, iffues and profits thereof: and alfo all the 
 eftate, right, title, intereft, property, claim and de- 
 mand whatf >ever of the faifl James Mai com, in his life- 
 tim.e at and immediately before the time of his deceafi\ 
 of, in, to or out of the fame : To have and to hold the 
 faid plantation arid tra6l of land, hereditarhents and 
 premifes, hereby granted or mentioned, or intended fo 
 10 be, with the appurtenances, unto the faid Edivgrd
 
 464 DEED, 
 
 Calc^ hislicirs and ailigns, to the onl}' proper iife^ be* 
 iicfit and behoof of the laid lunvard GaU\ his heirs 
 and aifigns forever. And the faid Peter Cole doth 
 covenant, promife, grant and agree to and with the 
 faid Edward Gale^ his heirs'and aiTij^ns, by thtfe pre- 
 fents, that he the faid Peter Cole hath not done, com- 
 mitted, or \vittin£;]y or willingly fuffercd to be done or 
 Committed any act, matter or thing whatfpever where- 
 by the premifes aforefaid, or any part thereof is, ape or 
 fliall or may be impeached, charged or incumbered in 
 title, charge or eftate or otherwife howfoever. In wit- 
 tiefb J &c . See Fill. Jcts^ 158. 
 
 J]y Trustees of an Insohent Debtor, 
 
 This indenture made, 8ic. between John Dill and 
 Brice Page^ truftees legally nominated and appointed, 
 t>f Noah Eccl^ an infolvent debtor, of the one part, and 
 
 Jesse JV'ingate^ of , taylor^ of the other part r 
 
 \Vhereas the faid Xoah Reel^ being lawfully feifed in 
 bis demefne, as of fee (among other things) of and iii 
 a certain lot or piece of ground, fituate in the tov.n of 
 
 , bounded and defcribed as follows, that is to fay : 
 
 By lot , &c. containing , with the appurte- 
 nances, did at a court of common pleas, held at , 
 
 for the. county of , on the , prefer his pe- 
 tition to the judges of the faid court, offering to deliver 
 lip to the ufe of his creditors, all his property, real, per- 
 fonal and mixed, to which he was in any manner' en- 
 titled, a fchedule whereof on oath, together with a lift 
 of his creditors as fiiras he could afcertain them, and 
 the nature of their debts being exhibited with and an- 
 nexed to his petition, and thereupon the faid court did 
 direft due and legal notice according to the a61: of af- 
 fembly of fuch application to be given to the creditors 
 Qf the' faid Noah Recly and did alBgn th.e — ^ day of
 
 O £ E U» 4J55 
 
 then next, for their appearance at - aforcfaidn 
 purruaiit to tiic prayer ot the laid petition. Where* 
 upon at the time and place appointed on the appear* 
 aiice of the creditors oriVich dchtorL<Jr as the caac may 
 be"] the laid Nonb Reel having C(;inplied with all the 
 requilitious of the ac\ ofgeneral aliembly in inch cafe 
 piovidcd, and having executed a deed to the faid Jobrfi 
 Jjill anpl Brice_Pagt\ who were" duly appointed by tho 
 faid court truilees on behalf jf the faid creditors, for all 
 his property, debts, rights and ^larnis in ti ull lor his fuid 
 creditors, the laid court did make an order that the faid 
 Noiib Reel, Ihould not at any time thereafter be liablcJ 
 to ijnprifonment by reafon of any judi^nnent or decree 
 obtained for the payment of money only, or for any 
 debt, damage, coil, fum or fums of money coatra6led^ 
 accrued, or occaiioiicd owing or becoming due, before 
 the time of fuch afli,Q;ument, and the faid Noah ReeB 
 was accordingly difcharged and fet at liberty, as by the 
 records and proceedings of the fame court, remaining 
 
 at , reference thereunto being had may fully and 
 
 at lari2;e appear. Now this indenture witnefTeth, that 
 tlvj f lid John Dill and Brice Pdgc (having firft givcU 
 bond with fecurity for the faithful performance of thcic. 
 
 trnPi) for and in confideration of the fum of , to 
 
 tiiem in hand paid by the faid Jesse IVingate, at and 
 before the enfealing and delivery hereof, the receipt and 
 payment whereof they do hereby acknowledge, and 
 thereof acquit and forever difcliarge the faid Jesse JFittf 
 gate,\\\s heirs, executors and adminiftrators, by thefe 
 prcfcMUs, have granted, bargained, fold, releafed and 
 confirmed, and by thefe prefents [by virtue of the pow- 
 ers and authorities to them given by the a6^ of general 
 ;afr<.mbly in fuch cafe provided] do grant, bargain, fell, 
 rcleafe and confirm unto the faid Jesse M^i fixate, his 
 heirs and afligns alj that the above mentioned and def* 
 eribcdlotor piece of e:fonnd, together with all and fin» 
 gul^r til/: ri^hlSj liberties, privileges Uereditaixveo^ 
 
 £5»J
 
 46^ DEE D. 
 
 and appurtenances uliatfoevcr thereunto belonging, or 
 in any wife appertaining, and the reverfions and lemain- 
 <3ers, rents, illues and profits thereof, and all the ellate, 
 right, title, intcreil, property, claim and demand what- 
 foever of the hid JVoab RceL of, in, to or out of the 
 fame : To have and to hold the faid lot or piece of 
 ground, hereditaments and premifes hereby granted or 
 mentioned or iiTtended fo to be, with the appurtenances 
 imto the il\id Jesse JVhigate^ his heirs and atTigns, to 
 Ihis and their own proper ufe and behoof for ever, for 
 fuch ellate and under fuch rents and conditions as he 
 the faid Noah Reel had and held the fi\me at and im- 
 3Tied lately before the time of executing the faid deed to 
 the faid John Dill and Brice Page^ but for no larger 
 or greater ellate than he the faid Noah Reel then and 
 there had and held the fame. In witrtcfs, &c. 
 
 A Deed of Copartnership between Apothecaries, 
 
 ,, This indenture made the day of , between 
 
 Samuel Tviie^ of- , apotheca>y,oi the one part; 
 
 and Giles Man^ of the fame place, apothecary^ of the 
 ether part : Whereas the faid Saviuel Triie^ hath by 
 great pains, indullry andexpenfe, and in the courfe of 
 jnany years practice, acquired a good, beneficial, and 
 €xtenfive trade, in the bufiuefs of an apothecary : And 
 ivhereas the faid Samuel True and Giles Man^ in con* 
 fideration of the fpecial trull and confidence, they mu- 
 tually have and repofe in each other, and in order to in# 
 creafe their n fpedlive fortunes, have agreed to become 
 copartners in the art or bufinefs of an apothecary, and 
 that the fame fliall be carried on upon the terms, con- 
 ditions and reftri6lions hereinafter mentioned ; and the 
 feid Giles Man^ in confideration of being admitted in- 
 to one fourth part or Ihare with h'mi the faid Samuel 
 'True, in the faid bufinefb or art of an apothecary, hath
 
 DEED, «5^ 
 
 agreed to life his utmofc care and diligence in carrying 
 oiiUieiaid buiiners/and not to reciuire ib ilrict an at- 
 tendance therein Crom the (iiid Sjmuel True. Now 
 this indenture witnelleth, and each of the faid parties 
 for himfeif, his executors and admin iftrators, doth co- 
 venant, proniiie and agree to and with tlie other of them, 
 his execut-oirs and adminiftrators by thcfe prefents, in 
 ma.iiier follow ing, that is to fay, That from tht day of 
 the date of thclc prefents they the faid Samuel T. ue and 
 Gi/es Man, ihall and will become and continue [>art- 
 ners and joint dealers in the joint trade or bufmefs of 
 an apothecary in buying and felling all forts of drugs 
 and medicines neceifary and incident to the faid buii- 
 iiefs, and in adminiilering the Hirne and in giving ad- 
 vice to patients for and during and unto the full end 
 and term of fourteen years determinable in fuch man- 
 ner as is hereinafter more particularly mentioned, un- 
 der and according to the conditions, provifoes and 
 terms of a.^reement hereinafter contained. And for 
 the more effectual carrying on the faid joint trade or 
 bufmefs, they the faid parties have mutually agreed 
 that one fourth part of the ftock of drugs, medicines, 
 fixtures in the fhop and laboratory, implements and 
 utenfils which are the entire property of the faid SamU' 
 cl Truc^ and are mentioned and inferted in an invento- 
 ry or particular thereof contained in a book figned at 
 the foot thereof by each of faid parties, fhall be ptir- 
 chafed by the faid Giles Man. And that the faid ftock, 
 and all the profits and intercft of the faid, partnerlhip 
 bufmefs, and all lofTcs attending the fame fliall be from 
 time to time during the continuance of this copartner- 
 fliip divided into four equal parts • three of which four 
 parts, the faid Samuel True, his executors and adniini- 
 ftrators fliall be intitled to have and receive, and (hall 
 and will bear and pay three fourth parts (the 
 \vholc into four equal parts to be divided) of all debts 
 ftudlofTes whigh fliall froixi tin^e to time be incurred.
 
 by. or happen in or to the faid partnerfliip biifineri*, 
 Aua thai the faicl Giles Man, his ^txtcutors m^d admi-t 
 TiiiViatovfe ihal; be mtitltd to have and receive tlie re- 
 inainiiig one fourth part of the' fold joint llock^ and t'ne 
 intereil and piolits theieof, and ih-ail and will bear and 
 pay one iburth part ot Inch dtbts and loiits as alore- 
 faid. And this indenture fin ther witneiitth, that for 
 
 and in coniideiatlon oi the fum of dollars to him 
 
 the faid Samutrl True in hand well and truly paid by 
 the faid Giles Man, at and before the fealing and deli- 
 very of thefe prefci'ts (being one fourth part of the ap- 
 piaifed value of the ftock ot drugs, medicines, and o* 
 ther things of the faid Samuel Ttue hereby intended to 
 be afiigned) the receipt whereof the fold Samuel True, 
 doth hereby acknowledge and thereof and of and from 
 cvevy part thereof, doth hereby aequit, exonerate, re- 
 leafe, and forever difcharge the faid Giles Mdn, his ex- 
 ecutors and adminiftrators. Ke the faid Samuel True^ 
 hath bargained, fold and afiigned, and by thefe prcfents 
 doth bargain, fell and afiign unto the faid Giles Man, all 
 that one fourth part (the vvhole into four equal parts to 
 be divided) of and in all the drugs, medicines, fixtures 
 in the Ihop, laboratory, inflrnments, utentils, and other 
 things of the fuid Samuel True mo-e particularly men- 
 tioned, and fet forth in the inventory or particular t];ej e- 
 of, figned by the faid parties to thefe prefents as afore- 
 said Mo have, hold, receive and take all and fingnlar 
 the faid one fourth part of, and m the faid premifes 
 hereby bargained, fold and alTigned, or intended fo to 
 beu. to^hefoid Giles Mur^ his executors, adminiftra- 
 tors and ailigns, as his and their own proper goods and 
 chattels abfolntely and forever. And this indenture 
 further witiiefreth,thatit is alfo as^reed between the faid 
 parties to thefe prefents, that the faid joint bufinefs (hall 
 during the continuance of this copartnei fliip, be carri- 
 ed on and exerciff-d in the fnop l.ir'cnging to the dwdl- 
 iiig-hovfe of him i\it{?iiA Samuel True^ in — aforefaid^
 
 DEE D,. -ibj 
 
 or in fuch other (liop or houfc as lie thefiiid S-mnucl 
 Tnit iiKiil ai any nmr think comenitut. And thut :iic 
 i^ivAK.) lies Mull ^\\\-<x\\ C(jnitaiitly rchUc in or ntar tlic ilacl 
 Jhoule, or wherever elle the buhncis of the i'aid co-part- 
 iicrlhip Ihall happen to be cxcrciicci, and lliail and v, ill 
 give cl'jic and conllant attention, induRry and attend- 
 ance tliercni, but that the laid Saviiul True Ihall and 
 may be at liberty to refide in town or in the country, 
 and to give liich attendance and application only as 
 fliall be agreeable and convenient to iiim inthat relpeCi- 
 And that the annual iiim of dollars Ihall be allow- 
 ed to ths {-did Sajhiul Tiue (and he is hercb) aur 
 thorifed to dedu(;!l or retain the fame) out of the proiits 
 arifnia; from the buiincfs of the Tuid co-partneriliip for 
 theren* of the Ihop, parlor, laboratory and ilill-houfe, 
 parts of the faid hou'le oi the faid Samuel Triie^ which 
 are to be made ufe of for the carryinj^ on the faid joint 
 bulinefs, a.id aiib tiie r<.nt or rents of ariy other hoisft; 
 or \rare-houfe which Ihall be taken and hired at any 
 tinr- or times hercaiTer durin|j,the faid co-p.rrtiior{hn 
 for cariyingon tiic f^.i'l bufu'cf', toi^ether with all tax- 
 es, repairs, and char;i;cs atiendmg the fame, and alfo, 
 
 that — bu(h< Is of coals })er annum,- for the ufe of 
 
 thf. I i lop, parlor, laboratory and ilills, and afuflicicntfupply 
 of druij^s, and all fervants wages, lamps and candles, 
 and all other petty expenfes incident or necellary to 
 th': carrying on the il.id buhncfs., ihali from time to 
 time be paid for and difchav|jjed out ol'the profits ari- 
 fm'g 'herefrom. And it is further agreed between thr; 
 faid ]»arties to thefe prefents, that the faid Samuel True 
 fhall hnve the folc power, manibgement and direcAion 
 in and about hiring and difchargir.g the journeymen or 
 fervants »o be employed in carrying on the faid bufi- 
 nefs, and of giving or allowing them fuch wages, and 
 Entering into fuch contra6^s with them as he flvall from 
 time to time jucl_a;c convenient and proper ; and 
 that the falsi Sa??nief Trii?, iliul]l. have full licenfe, li^
 
 47a D £ E D. 
 
 berty and power to charc^e the profits of the f^iid bufiV 
 nefs with the payrpent lor the hire oi" a hoife or horfes 
 during inch part of the year as he fhall think proper to 
 make ufe of the fame in vifiting the patients of the faid 
 
 co-partnerihip after the rate of dollars by the 
 
 year. And it is further agreed by and between the faid 
 parties to thefe prefents, that all apprentices, jouriiey- 
 men and fcrvdnts to be employed in and about the faid 
 joint bufinefs Uiall be provided with proper and fuffici^ 
 em board and lodging by the foid Samuel Tnie^ and 
 that he the faid Samuel fruc fliall during the continu- 
 ai-.cc of this co-pannerftjip be paid and ario^\ed out of 
 the faid copartneriliip itock, and the pioiits thereof, 
 f'jr the board and iodi^nig of each apprentice and jour- 
 neyman, alter the rate ot dollars, per annum, and 
 
 after the rate of dollars for the board aiidlodgiijg- 
 
 of every the porter, and which faid ft vrral lad men- 
 tioned fums or annual paymenis,- he the faid Samuel 
 ^rue^ fliall and may lawfully in every y-:;ar take otit of 
 the faid joint flock, and the profits thereof by equal 
 quarterly pajments, and the laid Giles Man^ agrees to 
 undertake to provide fuch board and lodging, under the 
 terms and conditions, and for the perfons aforefaid 
 Avhenever the faid Samuel True fliall think fit to defire 
 to difcontinue the fame on his giving at Icaft one week's 
 notice of fuch his dchre to the faid Giles Man. And 
 it is hereby further agreed by and between the faid par- 
 ties to thefe prefents that proper books fliall be provid- 
 ed at the joint expenfe of the faid parties wherein the 
 accounts of the faid co-partnerihip fliall from time to 
 time be regularly and conftantly charged and entered 
 in fnch manner and form as other perfons of the fame 
 bufinefs ufually do or ought to do, and that the fame 
 fhall be conftantly polled up every month, and the bills 
 from time to timetvritten or copied thereout by the 
 faid Giles Man, by the advice, and under the infpec-* 
 tk)nof and at the charges or prices to be fixed by the
 
 P E E D, Alh 
 
 feid Samuel Tnie^ previous to the copying out and de<» 
 livery ol'tlic {;imc. And in particular Lliat a book Ihall 
 be kept for the entry ot" the aceoiuit ol caili to be re- 
 ceived and paid on account ol' the laid joint bulinei's, 
 and that ail luch bookb of account and all bonds, bills, 
 notes and leeurities, ar.d all accounts, evidences and 
 writings relatini^ to this co-pai tneilliip, Ihall be kept 
 in Ibme place or places within or adjoining to the fliop 
 V'herc the partr.v'i fldp ^li^ill ^^ liom time to time carri- 
 ed on and managed, uhereto each oi' the laid parties 
 fliall be at liberty to reibrt at all times, and to have the 
 fight, pertdal and examijiation thereof, and to take co- 
 pies or extracts of ail or any part thereof, without any- 
 let or denial whatfoever, and that neither of the faiJ 
 parties fiiall fecretc or remove any of Inch books, fecu- 
 rities, evidences or writings as alorci'aid : And for the 
 more orderly carrying on the laid trade ©r bufmefs, it 
 is alfo agreed by and between the laid parties to thefc 
 prefcnts, that neith.er of them iliail in any wife deal or 
 praclife iuthe bulinefs or art of an apothecary, or in a- 
 ny other buliiitfs whatfoever, during this co-partner* 
 Ihip, other than for their mutual benefit and advantnge 
 (liive and except as is agreed with refpe6l to the faici 
 Samuel True by thefe prefcnts) And further that each 
 of them Ihall and will, from time to time during the 
 continuance of this co-partnerll.ip, be juft, true and 
 faithful to each other in all their tranfaclions, accounts, 
 and dealings, concerning or relating to the faid partner- 
 fldp : And that it fhall and may be lawful to and for 
 the faid Samuel True, to have the care and cullody of 
 the money ariling from the laic of drugs, payment of 
 bills, or otherwife, from or on account of the laid part* 
 neifliip (he paying thereout all neccfTary bills, charges 
 or expenfes due from, or relating to the faid bufinefs.\ 
 until the time offettlement or annual divifion hereinaf- 
 ter particularly mentioned : And alfo, that the laid 
 partnQriliip eftate and cijeds Ihall not at any time be
 
 ^7ii . D E E Do 
 
 attacae<3, fcized, extended, charged or incumbered 
 with, or for any private or. particular debt or duty of 
 either of the faid parties, but that fuch privace debt. Ihall 
 ■from time to time be borne, paid and cnfcliaiged l;y tiie 
 party charged therewith, out of his particular fepaiate 
 eftate, not inchided m the faid partneiihip-. And lurr 
 ther, that neither of the faid parties ihall or will with- 
 out the confent of the other, take out or employ for his 
 own particular ufe or occafions, any money, lecuvity, 
 or drugs belongmg to the faid joint flock, at any time 
 during the continuance of the faid co-partnerfiiip, o- 
 
 Iher than and except the fum of dollars, hereby 
 
 agreed to be taken out monthly, by the faid Samuel 
 
 True^ and the ftim of dollars, alfo hereby agreed 
 
 to be taken out monthly, by the faid Giles Man^ for 
 their refpeccive expenfes, and that in cafe either of the 
 faid parties fliall at any time or times during the conti- 
 nuance thereof, without the confent of the other of 
 them, take out of the faid joint {lock, any other fum or 
 fums of money than .as aforefaid, and as hereinafter 
 jnentioncd, then the party or parties taking outthe fame, 
 fliall be anfwerable or accountable to the faid parti icr- 
 fhip eflate for fo much money as he fhail fo take there- 
 out, without fuch confent as aforefaid, and the ihai e of 
 the party of and in the faid joiiU ellate, fliall be fubjecl 
 and liable to make good the fame, with intereft, after 
 the rate of fix dollars per centum per annum : And it 
 is further agreed by and between the faid parties to 
 
 thefe prefents, . that upon the day of , w hich 
 
 will be in the year of our Lord— — , and fo after- 
 wards annually, on the day of- — — in every year 
 
 during the continuance of this copartnerfliip, a general 
 account ihall be taken, fettled, and Hated, by and be- 
 tween the faid parties, touching the Hiid joint trade or 
 buOnefs, and the flock, increafe, profit, value, and lofs 
 thereof, andlikewife of all debts and fums of money 
 owing and payable to, or by the faid co-partners in re*"
 
 D E E H. /t7a 
 
 rpec\ of the faid joint bufinefs, and that all and every 
 inch account ana accounts, or extra^ls thtrcol, Ihail 
 from time to time be fairly written ana eiuered into 
 two feveral books to be kept for tiiat purpofe, in fiich 
 manner as liuit inch llatcd account may appear cu ar 
 and intelligible, at tht ciofe of wincii txU\i6ib oicrr, i, s 
 in fuch ftvcral luft mentioned books, tht faid parties 
 Ihall fcverally fubicribe their names, li^nilyuig their 
 approbation and confent to the llaang of fucli accounts, 
 and each party Ihali have and keep one of fuch books 
 fo figned, in his own cuftody, which faid accdunts fo 
 patted and fubfcribed, fliall be binding and concluiive^ 
 and fliall not be called in queltion, unravelled or vari- 
 ed, unlefs fome error fliall be difcovered within iwd 
 years next afier the fame fliall be fo patted and Uib- 
 icribed as aforefaid, and certified in writing by the par- 
 ty difcovering the fame to the other of the faid parties^ 
 or unlefs fome maniieft error fliall appear on the face of 
 fuch accounts fo patted and fubfcribed as aforefaid : 
 And it is alfo agreed, that upon the balancing and fet- 
 tling fuch annual aceouBt, the neat profits appearing ro 
 be gained by the faid partner fl)ip ftock, and by the faid 
 bulinefs, fliall be divided between the faid parties, in 
 proportion to their refpedlive fliaiTs in the fame, that 
 is to fay, three- fourth parts thereof fliall be had and re^ 
 ccived by the faid Samuel True, and the remaining 
 fourth part, fliall be had and received by the faid Giles 
 Man : Provided always, and it is further agreed, by 
 and between the faid parties to thefe prefents, that it 
 fliall and may be la\\ful to and for each of the faid par^ 
 ties refpc6\ively, and he is hereby authorifed, to retaia 
 and keep to his ownfeparate ufe, all fees or gratuities 
 for bleeding, and all fees and prefeiits, over and above 
 the common charge for the bufmefs. for which fuch 
 fees, grain ities, or prefents, fliall be from time to time 
 jiaid to him, without bringing the furplus to the ac- 
 count of pr entering the fame in the books of the fai4
 
 474 deed; 
 
 Copartnerflirp : And it is alfo further covenanted and 
 agreed by and between the laid parties to thefe prefents, 
 and the iaid Samuel Tnu\ doth for himfeif, his execu- 
 tors and admindlrators, covenant, promife and agree to 
 and with the faid Giles Man^ his executors and ad- 
 miniftrators, that if at time during the faid term of — r- 
 years, the Hiid Giles Man, iliall be neceflitated or com- 
 pelled to quit the faid buhnefs, on account of a bad 
 ilate ofhci.tn, or any other inevitable accident, that 
 then and \\\ fuch cafe the faid Samuel True, his execu- 
 tors or admini(l:ators, fliall and will immediately on 
 fuch evtr.t p;) or caufe to be paid unto the faid 
 Giles Mali, one fourth part of the full appraifed value 
 o!" the ftock which fliall be then belonging to the faid 
 C: . artncrfliip, and of the money then in hand, after de- 
 du«Stmg the feveral debts which fliall be then due and. 
 OM mg from the faid copartnerfliip which he the faid 
 Samuel True will fatisfy and difcharge, with the money 
 fo to be deducted, on his the faid Giles Man executing- 
 fuch re-aflignment and bond as hereinafter, mentioned, 
 and that all debts which fliall be then ontftanding and 
 due to the faid pacjtnerfl/ip, fhall be refpe6\ively fhared 
 and divided according to the refpe^ive fliare and pro-, 
 portion of the laid parties therein, when and fo foon as 
 the Aime can be from time to time got in and received : 
 Ant^ alfo that in cafe the Hiid Giles Ma?u fliall happen 
 to die during the continuance of this partnerfliip, he 
 tlie faid Samuel True, his executors or adminiftrators, 
 Hiall and will within three months after fuchhisdeceafe, 
 pay or caufe to be paid unto the executors or admini- 
 ftrators of the faid Giles Man, one fourth part of the 
 iiill appraifed value of the flock which fliall belong to 
 the faid copartnerfliip, at the time of the deceafe of the 
 faid Giles Man, and of the money then in hand, after 
 deducting the debts then due from the faid copartner- 
 fliip, which he the i\iid Samuel Ti tie fliall and will fa- 
 ^sfy and difcharge with the monty fo to be dedu^ed>
 
 DEE D.. ^f^ 
 
 and thereof and therefrom, fliall and wHl ftive harmlefs 
 and keep indemnified the faid executors and admink 
 Itrators of the faid Giles Man^ and that the Ihare or 
 proportion of the faid Giles Mcui^ of, in and to the fe* 
 veral debts, which at the time of fach his deceale ihall 
 be due and owing to the faid copartnerftiip, fl^all be 
 paid to his faid executors or adminiftrators, when and 
 fo foon as the fame fhall be from time to time got in and 
 received : And the faid Giles' Man doth hereby, for 
 himfelf, his heirs, executors and adminiilrators, cove- 
 nant, promifeand agree, to and with the faid Samiial 
 True^ his executors, and adminiilrators, that on the 
 faid Samuel True paying to the faid Giles Man^ fuch 
 one fourth part of the appraifed vahie of the foid joint 
 Itock, and of all money then in hand, (after fuch de- 
 du(:\ions asaforefaid) and otherwife fulfilling his cova^* 
 nant in that refpedl contained as aforefliid, he the faid 
 Giles Man, fliall and will at the cofts and charges o£ 
 the faid Samuel True^ re-affign and make over unto the 
 faid Samuel True^ his executors, adminiilrators and af* 
 figns, all that his one fourth part or fliare of and in 
 the faid then joint ftock, and all his benefit, property 
 and claim therein and thereto ; and alfo fliall and will 
 duly enter into and execute a bond to the faid Samuel 
 True, \vhereby he fliall and will bind himfelf, his heirs, 
 executors and adminiilrators, unto' the faid Sarnuel 
 True, his executors, adminiilrators and affigns, in the 
 
 penalty of dollars, conditioned to be void, in cafe 
 
 the faid G //<?■? il/^;2,f[iall not at any time from& afterfuch 
 his quitting the copartnerlhip bufinefs and receipt of 
 his fliare of the ftock as aforcfaid,pra6\ife as or carry on 
 the bufinefs of an apothecary at any time thereafter,dur- 
 
 ing the faid term of years, by himfelf, or jointly 
 
 with any dther perfon or perfons within the town of 
 
 , or within the diftance of miles therefrom : 
 
 And it 15 further agreed by and between the faid par-^ 
 icb tg tl^fe prefeujs, tliAt in cafe either o.f the daugh^
 
 ^76 B E E ry. 
 
 tersofthefaid Samuel True, fliall happen to marry a/i 
 apothecary, the faiu Somuel True Ihali be at hbt-) ry and 
 have fuhy pbv\-er to intioauccluch perfon as a partner 
 in the laid trade or butinefs, and to grant and ailip^n to 
 fucii perfon, luch part or iliaic of his the faid Samuel 
 7Tz^(?V»^three.lburth parts, of and in the laid joiiu (lock 
 and buiinels, as he fl-iall think proper, fubjt6\ to th» 
 fevtral t«#rm..> and conditions of the faid partnt rfliip 
 herein contained, and without prejudice to the intereft 
 of the faid Giles Maii ; but in cafe before any fuch e- 
 vent fliall happen, thejaid Samuel True fliall be mind* 
 ed and deiirous to* difpofe" of one fourUi part 
 of the faid joint bufinefs,tiie faid Qiles Man is to have 
 the preference or refufai thereof on the following terms, 
 that is to fay, the faid Giles Man to pay to the fliid Sa- 
 Tnntl True, the full value of one fourth part of the ftock 
 of mtdicnies, drugs, and other things then belonging 
 to the faid copartnerfliip, the fame to be appi aifed, and 
 the price fixed by two perfons, of whom each of the 
 faid parties to nominate one, and alfo to pay to the faid 
 Samuel T!'^/^ two years purchafe of the profits of the 
 faid-one fourth part, the fame to be calculated by. the 
 average amount of the clear profits thereof,for the three 
 preceding years; and if the faid Giles il/^n fliall refufe 
 oi neglect to complete the purehafe of fuch fourth part, 
 on the terms and conditions aforefaid, the faid Somuel 
 True is to be at liberty to difpofe thereof, to any in- 
 different peifon regularly brought up to the profeffion 
 or bufinefs of an apothecary, willing to take the fame 
 and become a partner in the find bufinefs ; And the 
 faid Giles Man, doth for himfelf, his executors andad- 
 miniftrators, eovenant, promife, and agree, to and with 
 the faid Samuel True, his executors and adminifira- 
 tors by thefe prefents, in manner following, (that is to 
 fay) in cafe the faid 5^w«^/ Tr/zf' fliall at any time 
 
 during the faid years, be inclined to quit, 
 
 and ihali accordingly quit the faid bufinefs, he ths
 
 DEED, 477 
 
 Faid Gfc Man fiiall and will from time to time account 
 with and pay to the laid SiUniiel I'rue^ lor one moiety 
 or half part of the neat profitb of the faid bufinefs, during 
 
 all the then remainder of the faid term of years, 
 
 and in cafe of the death of the faid Samuel Triie^ dur- 
 ing the faid term of years, then that he the faid 
 
 Giles Man lliall and will from thenceforth, well and 
 truly pay to and account w ith the executors' or ad- 
 mmillrators of the faid Samuel True^ for fuch moiety 
 of the neat profits of the faid bufmefs, from time to 
 time as the fame lliall arife, or upon fuch annual fet- 
 tlement as aforefaid, during all the then remainder 
 
 of the laid leiin of years, if lie the Hiid Giles 
 
 Man iliall fo long ilve ; Pi ovided tlie faid Giles Alan 
 Ihall, previous to either of the faid events, have pur- 
 chafcd another fourth part of the laid bufinefs ; but in 
 cafe he lliall have dcclincfl oj .egle6led to mLike fucU 
 purehafe of fuch fourth part, and in confequence there- 
 of, fuch fourth part lliall have been fold to another, or 
 in cafe the faid Samuel True fhall have affigned the 
 faid fourth part to fuch perfon fo becoming his fon-in- 
 law as aforefaid, then and in fuch cafe, the fliid Giles 
 Man, and fuch other perfon fo becoming a partner a\ ith 
 him as aforefaid, fliall and will account with and pay 
 to the faid Samuel True, or in cafe of his deceafe, 
 with his executors or adminiftrators, for a moiety of 
 the neat profits of the faid trade or bufinefs, from 
 thenceforth for and during all the then remainder of the 
 faid partnerftiip term of — years, if the faid Giles Man^ 
 & fuch other partner,orcither of them fliall fo long live ; 
 And further, that in cafe the faid Samuel True, fhall 
 happen to die before he fliall have difpofed of any part 
 of his prefent ihare or intereft in the faid partnerlhip 
 bufinefs, then and in fuch cafe, that he the faid Giles 
 Man, Ihall and will within fix calendar months next 
 after the deceafe of the faid Samuel True, well and 
 truly pay or caufe to be paid unto the executors or
 
 D E E D* 
 
 adminiftrators of the faid Samuel True ^ X\\e fum of 
 i— — dollars, iawfui money of the United /States, and 
 alio one ioLuth part of the value of the then copartner- 
 iliip ilock at the vahie it lliall then be eftimated or ap- 
 piaiftd by two perfons, one of \\hom to be nominated 
 by tne faid Giles Man, and the other by liie faid exe- 
 cutors or admiiiittrators of the foiid Samuel True, as 
 and ior a confideralion (and which Ihall be by them fo 
 accepted) for the faid Giles Man becoming intitled to 
 liave receive and eMJ<.y, and actually receiving and en- 
 joying one other louith pirt or Ihare of the faid then 
 joint Ilock of thefaic; bufjaefs, arjd all profits and ad- 
 vantages which hiaU or raay from time to time from 
 thenceforth arife or be produced for or in refpe6f of 
 fuch part or fhare. And that he the faid Giles Man 
 Ihall arid will fiom thenceforth, for and during all the 
 
 remainder of the faid partnerlhip term of years, 
 
 which fliall be then to come, well and faithfully account 
 with and pay to 'he faid executors or adminiftrators 
 of the iliid Saviud True, an equal moiety or half part 
 of the profits and advantages which fliall from time to 
 time arife and be made from the liiid joint buiinefs. 
 And it is hereby declared and agreed, by and between 
 the faid parties to thefe prefents, that at the expiration 
 ,Gf the faid term of years, or other fooncr deter- 
 mination of the faid. copartnerlliip, the faid joint flock 
 of drugs, medicines and other things, and the money 
 then in hand belonging to the faid copartnerfliip, and 
 ihe bonds, bills, notes, or other fecurities whereon the 
 fame fliall be then placed or in vefled," together with the 
 feveral debts which fliall be then oi;tilandiug and due 
 to the feiidcopartnerfliip, when and fo foon as the fame 
 Ihall be from time to time got in and received, after de- 
 du6ling all debts which fhall be then due or owing 
 from the faid copartnerfhip, fliall be fliared and divided 
 by and between the faid parties to thefe prefents, or the 
 perfons then entitled thereto, or their refpe6:ive exe-.
 
 DEED. 47^ 
 
 cutors or nclminitlrators, according to tlieir fever al and 
 rtlpcclive rightb,initereil, lliare,c<. propoitioii ••,1 iJi,ortc> 
 the liime. And it is alio agreed by antl betv. ecu lae faid 
 parties to thei'c prclcnts ior theuiiclveb ilverally i..id re- 
 ipectively-^and ior their iev«;ral and rci'ptcuve exLciuors 
 and adminillrators, thatif at any time or times hereaf- 
 ter any difference or controverfy lliall arife or happen 
 between the laid parties, or between the furvivo- of 
 them, and the exeentors or admimllrators ol fuch dc- 
 ceafed partner, touching the iaid joint bulinefs lloek or 
 prolits thereof, or the fettling of any account or ac- 
 eounts relatnig thereto, or any other matter or thing 
 touching the faid copartner Ihip or any thing heieiii 
 contained, that all Inch diilt'renceb HiaU be from time 
 to time referred to the award, final end, and determin- 
 ation of two indifferent perfons, whereof each party 
 fliaii nominate one, and that if the faid two perlbns 
 fliall not agree, the matters in difference within the 
 fpace of one month next after the fame fliall be refer- 
 red tothem, that then it Ihall be in the power of the faid 
 arbitrators to nominate a third perfon as umpire be- 
 tween the faid parties, who iliall have power to deter- 
 mine all matters in difference between them within the 
 fpace of one month next after the reference fliall be 
 made to him as aforefaid, and that the faid parties, 
 their executors or administrators fliall attend fuch ar- 
 bitrators and umpire, and acquaint them of the matters 
 in difference, and of their feveral allegations >n relati- 
 on thereto, at fuch time and place as the faid arbi- 
 trators or umpire fhall appoint, and that in every iiich 
 cafe, each and every of the faid parties, their and each 
 and every of their executors or administrators fliall 
 and M'ill from time to time, on their and each and eve- 
 ry of their parts and behalves, well and truly obey, a- 
 bide by, and perform fuch award, order,, and deter- 
 mination, of and upon the matters and things fo to be 
 referred, as the faid arbitrators, or umpire fliall malvt
 
 486 DEE D. 
 
 or fet dowa in writing under their hands and feals for 
 that purpofe, ib that the fame be made and ready to be 
 delivered to the feveral parties in difference, or fuch of 
 them as fliall defire the fame, within the refpe6live 
 times hereinbefore limited for thaJt purpofe. In witnefs, 
 &c. 
 
 Of Dissolution of Copartnership. 
 
 This indenture tripartite, made the day of 
 
 in the year , between John Indie ^ of , refiner^ 
 
 of the firfl: part ; Charles Pale^ of the fame place, re- 
 finer^ of the fccond part ; and Mary Indle^ of , 
 
 ividow, and James Crow, of , esquire^ executrix 
 
 and executor of the laft will and teltament of Samuel- 
 
 Indie, late of , aforefiiid, esquire, deceased, and 
 
 which faid Mary Indie is alfo a refiduary legatee napi- 
 ed in the faid will of the third part : Whereas by in- 
 denture bearing date on or about the day of ■ 
 
 which was in the year of our Lord , and made or 
 
 mentioned to be made between the faid/o^;? Indie of 
 the one part ; ar.d the faid Charles Pale of the other 
 part ; it is witneiTed that the ia\(\John Indie andCharles 
 Pale for the confiderations therein mentioned,did mu*.- 
 tually covenant, confent, and agree, to become and 
 contitiue copartners and joint traders in the art or 
 myfiery of a refiner, and in the tranfa£ting fuch other 
 bufmeis as ihey fliould agree on /or their mutual and 
 equal benef-t and advantage from the day of the date 
 
 th^reof,for the full term of years from thencenext 
 
 cnfuing and fully to be complete and ended, if they 
 the faid parties Oiould fo long live, fubje6\ to the pro-- 
 vifoes, conditions and ag cements thereinafter menti- ' 
 aned and contained. And that the money, goods, 
 istenfils and things, then brought into the laid joint
 
 DEED. 4J5i 
 
 trade hv the faid yo/6« Iridic and Charles Pale in equal 
 pr.oportions, and amruinting; in ^allu to the funi of 
 
 dollars, Ihoukl bt- nfed and employed as the 
 
 capital (lock tor carryi}i^ on the laid joint trade ; and 
 it was by tiie fame indeniure, aniongft other tlii)i;^s» 
 provided and agreed, that each of them the faid part? 
 ners ihouid during the Wid copartnerfliip, and it the 
 end or determination thereof have a leveral rrghr and 
 intereft of, in and to one full and equal moiety^, or half 
 part of the faid joint Hock and the profits thereof ; and 
 of all money, goods, wares and efte^s belonging there* 
 to, as in and by the iaid in part recited indenture, re* 
 lation being thereunto had, may more fully and at large 
 appear. And whereas the faid parties to the faid re- 
 cited indenture, in purfuance thereof, have carried on 
 the (liid trade in copartuerlhip until the day of the date 
 
 hereof, and on the day of laft, a general and 
 
 full account was taken, dated, and made up by and be- 
 tween them the faid John Indie and Charles Pale^ oC 
 all the Itock, wares, merchandifes, goods, ellate, tlebts, 
 and effects, remaining and being in the faid joint trade, 
 or owing or belonging to them on account thereof ; 
 and alfo of all debts and other demands, due and ow- 
 ing by them to any perfon or perfons, for any matter of 
 thing concerning the faid joint trade, or relating there- 
 unto, whereby it appears that the clear or neat balance 
 of the faid copartnerfliip eftatc and effe^s, after dif- 
 charging the debts owing by the faid partners in refpefb 
 thereof, will be fcarce fuflicicnt to anfwer and pay to 
 th<em the faid Job?! Indie and Charles Pale^ their feve- 
 yal fliares of the faid capital ftock brous^ht into the 
 liiid joint trade as aforcfaid ; and therefore they the faid 
 John Indie and Charles Pale have mutually agreed to 
 determine and diiTolve the faid copartnerfliip. And 
 whereas the faid John Indie and Charles Pale ftand 
 indebted to the faid Mary Indie and James Croiu, as 
 exegutcA'? of tlie UidSamnel /«(//f deceafed, in tbp
 
 m DEED, 
 
 fum of *— *— -^ dollars, which was borrov, ed by them the 
 faid Jobn Indie and Cbarles Falc on tlicir joint boijd 
 to the {^\6.Samue Indie deceafed, for the further ad- 
 vancement and better carrying on their faid copartncr- 
 lliip trade and bufinefs. And whereas the faid John 
 Indie Hands feparately iiidebted to the fidd Mary In- 
 die and/^/;7(?5CV<7iu, as executors as aforefaidin the prin- 
 cipal fum of dollars, which was lent and advan- 
 ced by the faid Samuel Indie deceafed, to the faid John 
 ■ Indle^ on his own feparate bond, to enable him to raife 
 and furnilh his fliare and proportion of the capital 
 flock originally brought into the faid joint trade : And 
 vhereas for the making full and ample provilion for 
 
 payment of the faid fum of dollars, fofecured by 
 
 the faid joint bond of the faid John Indie and Charles 
 Pale, to the faid Samuel Indie, deceafed, as aforefaid, 
 and all inierell due, and to grow and become due and 
 payable in refpe6l thereof, and all and every other the 
 debts and fums of money due and owing by them the 
 faid copartners, in the way of their faid joint trade and 
 dealing ; and alfo for and towards payment and fatis- 
 
 faclion of the faid fum of dollars, fo feparately 
 
 due and owing, by and from him the faid John Indie, 
 to the faid Mary Indie and James Crow, as executors 
 as aforefaid, and the intereft thereof : It hath been a- 
 greed by and between the faid parties to thefe prefents, 
 that the whole of the faid copartnerfliip ellate and ef- 
 fects fhall be folely ar.d abfolutely veiled in him the 
 laid Charges Pale, to the end and intent that the mo- 
 ney arifing thereby, may in the firft place be applied in 
 payment of the faid bond debt, fo jointly due and ow- 
 ing by them the {liid Johnlnd'e 2L\u\CharlesPa'e, to the 
 faid Mary Ind'e and James Crow, as aforefaid ; and 
 after payment thereof, then in fatisfa6lion of all other 
 the debts owing in copartnerfliip by them the faid 
 John Indie and Charles Pale, and after full payment 
 qi all the faid copartnerfliip debts, then that the clear
 
 refiduc and fiirplus of the money arifing by the fale, or 
 dilijontion oi the iaul copartnci Ihip ellate and efteiils, 
 mav be divided into two equa; parts or Ihares, and 
 one moiety or equal halfpart thereof, retained and kept 
 by the faid Chai cs Fae, to and for his own proper 
 life and benefit, and the oUier moiety or halfpart there/, 
 of, paid, applied and difpofed of, in or towards pay- 
 ment and fati.sfa(5lion of the faid bond debt of- doU 
 
 lars, and inter eft, fo feparately due from and owmg by 
 the faid John Ind c\ to the faid Mary Ind e and James 
 Cro-io, as aforelaid ; and in cafe of any furphis after 
 payment thereof, that the fame fhall bt; paid to thefuid 
 Jo/jti Ind d", for his own proper ufe and benefit, and in 
 conlideration of the proviiion fo agreed to be made for 
 thepurpofe aforefaid, the tiie faid Mary Lul e^ as be- 
 neficially interefted in the refidue of the ellate and ef- 
 feds of the faid 6'a;72f/t' Ind e, hath confeured and a- 
 greed, that in cafe the moiety or fhare of the faid John, 
 IruUe, of and in the clear furphis and tefidue of the 
 produce of the faid cc^partnerfliip eftate and effe6\s, af- 
 ter payment of the faid joint or copartnerfliip debts, 
 iliali not be fufficient to pay and fatisfy the faid whole 
 
 principal fum of ' dollars, and interett fecured by 
 
 the faid feparate bond, ofhim the faid John Ind c^ and 
 yet fuch moiety or Ihare Iball produce fufficient to pay 
 
 the fum of dollars, with full intereft for the faid 
 
 fum of dollars, that they the faid Mary Indie and 
 
 James Crow, as executors, as aforefaid, fliall and will 
 accept the fame in full of the faid feparate bond debt of 
 the faid Job?i Ind/e : Now this indenture witnelfeth, 
 that the faid Jobn Indtc and Charles Pale,\\i\h. the mu- 
 tual atVent and confent of each other have determined^ 
 vacated and diflblved, and by thefe prefepts, do deter- 
 mine, vacate and diffolve the faid copartnerlbip and 
 joint trade heretofore carried on between them : and 
 alfo the faid in part recited indenture, and every claufe, 
 article, matter, and taxing therein conta^ined^ and d^
 
 484 DEE D. 
 
 hereby feverally declare and agree that the fame fliall 
 from henceiorth cealc, determine, and be null anc! vcici, 
 to ail inteutb and purpuies wnatiotver, as \i iht laid. 
 copartnerlliip had never been eniered into, ;ir.a tliQ 
 fame indeiiture had never been made : :\ik[ this in- 
 deniure iurtiier vvitnefieth, that in puiluancc and per- 
 formance ot the hercinbciore rtc.ted agreemcitt, and 
 fo' o'i'yiiig iit fume iiiio execution, uiid alio lor and 
 in coiiiiciciation of the fum of five {hiiiings of 
 good and lav, fui money of the (Jnited States, by the 
 faid Charles Pale in hand well and truly paid to the 
 idiidJohn Indie, at and immediate]} before the enfeal- 
 ing and delivery ofthefe prefents, rhe receipt whereof 
 is hereby acknowledged, he the faid ^ohn huUe, by and 
 With the privity, aiicnt, and concurrence oi them the 
 faid Majy Indie and James Croiv^ (teflified by their re- 
 ipe611veiy being made parties to, and fealing and exe- 
 cuting thefe prefents) hath granted, bargained, fold, re- 
 leafed, afiigned, tra^^slerred. and fet over, and by thefe 
 prefents doth grant, bargain, fell, releafe, allign, trans- 
 fer and let over unto the laid Charles Pale, his execu- 
 tors, adniiniflrators and afiigiis, all that the moiety, 
 part, pnrportion, fliare and intereftof him the faid John 
 Jndle^ of and in all the Itock m trade, leafehold ellate, 
 and intereft, wares, merchandifes, ready money, debts 
 outllanding, goods, chattels, utenfils and efftOs, be- 
 longing to the faici joint trade and copartneifliip. or to " 
 them the faid y^/jw hidle and Charles Pale^ or either 
 of them in refpe6\ thereof; and all the eftate, right, ti- 
 tle, and interel^, property, polTeiTion, benefit, claim and 
 demand whatfocver, both at law and in equity, of him 
 the faid/<7/j» Indie, of, in, to or out of the faid copart- 
 jierfliip eflate and premifes, or any part thereof, toge- 
 ther with all and fingular the books of account relating 
 to the faid joint trade ; To have, hold, perceive, re- 
 ceive, take and enjoy the faid eftate and premifes men- 
 tioned tQ be hereby alTigned or releafed, with all and
 
 ^ 
 
 D £ E u, 'isa 
 
 every of the appurtenances unto the faid Charles PaJe^ 
 hib cxtcuiors, udininillratoiii and all.gnb, tVom licnce- 
 iorth for ever, upon trull nevertheltl'b, and to ihv kx\A^ 
 iuLent, and purpoic, and the faid Charles Pale, m 
 Ic'lf, ln^5 exLCuiors and admniillrators, doth co\t. .:, 
 pioniiic and agree, to and with the faid John Indlc\ his 
 executors and adminillrators, by thcfe prefents, in 
 inmnier and lorm follow nig-, that is to fay, ihat'hc tlie 
 faid Charles Pale^ liis executors or adminiftrators, 
 lliall and uil , with all convenient fpecd, fell and dif- 
 pi)fe of the faidcopartr.erlhip ellate, flock in trade, and 
 efftels, ibr the moil and bell price that can be cot for 
 the fanne, and ufe his and tlieir bell means and endea- 
 vors to get in, eolie^l: and receive all and fmgular the 
 debt ana debts, iv.iv, andfems of money due and owing 
 vto the laid john I:u:lc and Charles Pah\ in partner- 
 iTiTp or otheruife, and fljall and will pay and difjjofe of 
 the neat monies ariling thereby, after deducting the lie- 
 celfary expenfes attending the recovering and receiving 
 the fame, and executing the truft aforefaid, in the tirll 
 
 place, in difcharging the fum of dollars, jointly 
 
 owing by the faid John Indie and Charles Pale^ to the 
 faid Mary Indle and James Crovj, as executors as a- 
 forefaid, with the interefl due thereon ; and all other 
 the debts ou ine in partrcrfhip by the faid ^oh?? Iridic 
 and Charles Palc^ to any other perfon or pcrfons whai- 
 foever, and after payment and fatisfat^tion thereof, fliall 
 and will divide the clear fur plus and reiidue thereof, 
 into two equal parts or fliares, and after retaining or 
 keejiing to himfelf the faid Charles Pale^ one full moi- 
 ety or equal half part th.'-eof, to and for his own pro* 
 per ufe and benefit, ihah and will Hand and be poUcired 
 of the other moiety or ecnial half part thereof; in trull, 
 to !<.iy, apply and dHncfc of the fame for or towards 
 payment and fatisfadlion of the principal money and 
 interell due, and to become due on the l)ond, fo fcpa- 
 rately entered into by the faid John hidh to the faid
 
 ^SG" ' DEED. 
 
 Samuel Indie as afor^liiid, under and piirfuant to tlie 
 terms of the agrccinont hcreinbeioie recitea lO luive 
 bten made betwceji the laid Mary IndU and John In^ 
 dle^ touching the lame and the true intent antl m«.aning 
 thereof; and after lull payment ihereof, ihall auci will 
 Hand and be pollelled of the fnr plus or rehdue of fuch 
 laft mentioned moiety, in trull for the faid John Indle^ 
 Jiis executors, adminiilrators or alligns ; and aUo that 
 he the faid Charles Pale, hisv^xecutors or adminillra- 
 tors, Ihall and will from time to time, and at au times 
 hereafter, upon every reafonable requcit of the i,x\ix,Jobn 
 Jndle^ Mary Indie and James Crow, or any or eiUier 
 of them, give and render unto them the faid John In- 
 die, Illary Indl:\, and James Crow i<-:" ."'-Vp c ;-7j ajnft 
 and true account of all and ■ : ,-n a id fums 
 
 of money, or other iVlr.i. cuo.: ...i maii or may have 
 th*^:- '-^-^ •-;'"-^''^d, obtained, or received by the laid Charles 
 p.,., i:.. executors or adminillrators, out of the faid 
 copartnerfhip cilate and effeCl:;^ ; and fhalli and will pay- 
 apply, and diipofe of all fuch money, and other fa'.is- 
 fa6\ion, aslliall be received, when and as often as the 
 
 fame fhall amount to the fum of dollars, or up- 
 
 -u-ards to, for and upon the fevcral trulls, intents and 
 purpofes hereinbefore mentioned concerning the pro- 
 duce or clear furplus of the faid copartnerlliip ellate 
 and eifeQs, and according to the true intent and mean- 
 ing of thefe prefents : And further, that he the faid 
 Charles P<2/(? his executors or admiuiftrators, fhall and 
 will permit and fuffer the faid John Indie, Mary Indle 
 and James Crow, or any or either of them : And alfo 
 Phil'ip Pale, father of the faid Charles Pale, at conve- 
 nient times during the tranfa6lions aforefaid, to have 
 the fight and perufal of all and every the books, papers 
 and writings in any wife relating to the faid joint trade 
 and copartnerihip, of to the outilaiuling debts belong- 
 ing thereto, with liberty to tranfcribe and copy out the 
 f^me at her, his, their or any of their free will and ple^-
 
 D E r: D. 457 
 
 i^tt : lAnd in order the better to enable the faid 
 CburU:: P -U\ bib txcculorsand udniu.iliraiorb, to re- 
 ceive a;id . I in the laid copartnerlhip eltate debts unci 
 efteCls, iie die laid Jobn liullc hath made, ordained, 
 conUitutcd and app</inled, and by thele prcfenls doUi 
 piake, ordain, conlliiiiie and appoint the laid Charles 
 PjIc\ the true and law inl atloriRy orhim the laid John 
 Jiidlc, lot him, and in iiis name or in tlie joint mimes of 
 tliem the taid John Iridic and Charlea ale, but to and 
 for and upon the leveral ulcs, trulls, intents and purpo- 
 fes hereiiibefore mentioned, exprelVed, and deelared 
 concerninj^; the Aime, to alk, demand, fue for, recover 
 and receive, polfefs and enjoy all and lingular the laid 
 copartnerlhip eftate and efilcls, as well chattels real as 
 chattels perfonal in polTelhon, or in a6\ion, and of ulmt 
 Mature or kind foever, and ^^•hc^elbever in any wiie 
 belonging to the laid joint trade or copartncrlhip ; and 
 to give receipts or other lufficient difeharges for the 
 fame, and one or more attorney or attornics under hini 
 and them for the purpofes aforeHiid, to make, and at 
 pleafure to revoke, and generally to ufe, take and 
 profccute every or any lawful or equitable method, 
 caufe or expedient, for the recovering, receiving, and 
 getting in the faid copartnerfliipeftate debts andt{le6\s, 
 or anv part thereof, and for applying and difpofing oC 
 the fame to, for and upon the leveral ufes, trulls, in- 
 tents and purpofes hereinbefore mentioned and declar- 
 ed concerning the fame, and according to the true in- 
 tent and meaning of thefe prtfcnts, in as full, ample, 
 and beneficial manner, to all intents and purpofes, as 
 the fame./o/;/z Indh and Charles ' ale might or could 
 do, in cafe the faid copnrtnerlhip had not been diilulv- 
 cd, and thefe prefents had not been made : And the 
 idV\John Indlc, for himfelf, his heirs, executors and 
 and adminiftrators, doth covenant, promlfe and agree 
 to and with ihe faid Charles Pale, his executors and 
 admiuiftrators, bv thefe prefents, that he the faid John
 
 483 DEED. 
 
 Indie Hiall and will from ti^ie to time, and at all timcsf 
 hereafter, at the requcfl. of the faid Charles nlc^ but 
 at the joint colls and chari^es, in the law, of the faid 
 Charles ale and the faid John Indie ^ do txtcute or 
 join in^all and every other fiich further a^ls. convey- 
 ances and afiurances as fliall be requilite for enabling 
 the find Charles Pale his executors or adminiflrators, 
 to recover, receive and eet in the copartnerfhip eftate 
 debts and efte61s aforefaid ; and alfoto fell, alftgn, 
 and difpofe of the fame and every part there(»r ^or the 
 purpofe aforefaid, as by him the faid Charh-.. P ih\ his 
 executors or adminiftiators, or his or then- counfel 
 learned in the law fliail be advifed and required : And 
 alfo, that he the faid Johnlnde fliall not nor will 
 attmy time hereafter revoke, cancel or make void the 
 power of attorney hereinbefore contained, nor relieve, 
 releafe or difcharge any of the faid copartnerfliip eftate 
 debts and efFe6\s, nor dlHivow or become nonfuit in any 
 a6\ion or fuit v.hich Inall be commenced, fued orpro- 
 fecQted for the recovery thereof: And that it fliall and 
 may be lawful to and for the faid Charles ■ ale^ his ex- 
 ecutors or adminiftrators, to employ any proper per- 
 fon or perfons to recover, get in. collect, and receive 
 the faid copartnerihip eftate and eff'c6)!^, and to make 
 any reafonable allowance thereout to him or them for 
 their care, pains and trouble in and abfjut the fame : 
 And the faid Mary Indle^ for the confiderations afore- 
 faid, doth hereby for herfelf, and for the faid James 
 Crow^ her and his executors and adminiftrators, cove- 
 nant, promife and agree to and with the faid John In- 
 die^ his heirs, executors, and adminiftrators^ that in 
 cafe the provifion herebv made fliall extend or be fuf- 
 ficientto pay the faid Mary Indi'.'-. and James Croiv^ 
 
 the funi of dollars, together v.ith intereft for the 
 
 faid whole fnm of dollars, or any greater fura of 
 
 m,oneytowardsfatisfa6\ion ofthe faid feparate hor-d debt 
 of the faid Joh:iIi-d.e,th:xt then, and in fuch cafe, the^
 
 D E £ IX 489 
 
 the fuld Mary Indie and James Croiv fliall and will 
 
 accept the lame in full ol" the debt of dollars, 
 
 owiii}^ by the faid Jo/jri Indie to the faid Mary hide 
 and James Crow, as executors as aforefaid, and Hiall 
 and will deliver up the fccurity for the fame to the 
 faid Jobn Indie te be cancelled ; but in cafe the cfrc6\3 
 fliall prove deficient to clear the faid bond, by pay- 
 ment of the faid fum of- dollars, together w'nh 
 
 all intcrcR to become due, or the laid dollars 
 
 bond, in fuch cafe they the faid Alary Indie and James 
 Crow fliall be at liberty to retain and keep the faid 
 bond to make fuch further ufe thereof as they fliall 
 think fit. Provided always, nevertheless, and it is 
 hereby agreed by and between the faid Mary Indie and 
 John Indie, for thcmlelves and their refpective exe- 
 cutors and adm'millrators, and it is the true intent and 
 meaning of them, and alfo of thefc prefents, that in 
 cafe the moiety or lliare of the faid John Indie of and 
 in the clear furpUis or reiidue of the faid copartnerfliip 
 eilate and effects, after payment of the faid copartner- 
 fliip or joint debts, iliall not produce fufficient to pay 
 the faid Mary Indie and James Crow the full fum of 
 ■ dollars, with intereft for the faid whole fum of 
 
 • dollars, towards fatisfaction of the faid feparate 
 
 bond debt of the faid Jobn Indie ; that then, and in 
 fuch cafe if the hid Jobn Indie his executors or admin- 
 
 iftrators do and fliall within the fpace of years, 
 
 to be computed from the day of the date hereof, well 
 and truly pay, or caufe to be paid unto the faid Mary 
 Indie and James Crow, or either of them, their or ei« 
 ther of their executors or adminiftrators, fo much 
 money as, together with the faid moiety, fliall make up 
 
 the full fum of dollars, good and lawful money 
 
 of the United States, with lawful intereft for the fame, 
 to be computed from the day of the date of thefe pre- 
 fents, they the faid Mary Indie and James Crow, and 
 the furvivor of them, and the executors andadminiftra-v 
 
 [62] ,
 
 490 DEE D. 
 
 tors of fach farvivor, fhaU and will accept and take 
 the fame in full fatlsfaction and discharge of the Avhote 
 
 principal fum of dollars, and all intereft due and 
 
 to incur and become due and payable in refpec). there- 
 of, fo fecured by the faid feparate bond of him the 
 fdid Jo bn Itidlc as aforefaid, and deliver up to him 
 the faid John Indie ^ his executors or adminiilrators, 
 the fame bond to be cancelled or otherwise dealt with 
 and difpofed of as he or they fliull think fit. And 
 laftly, That they the faid Mary Indlc and James 
 Croiv^ or either of them, their or either of their execu- 
 tors, adminiilrators or affigns, Ihall not nor will during 
 
 the fpace of years, IVom the date hereof, in any- 
 
 wife moleft, fue, arrell, attach, or profecute the faid 
 yo.bn Jndie, his heirs, executors or adminiilrators, for 
 
 or upon aecount of the faid debt, of- dollars by 
 
 him owing to the faid Mary Indie and James Croiv 
 as executors as aforefaid, or any part thereof, but fliall 
 and will during the time aforefaid, permit and fufler 
 the faid Jobn Indie to attend and follow his buhnefs 
 ^vithout any interruption or molcftation fliall be given 
 or occafioned by the faid Alary Indie, and James Cro%u 
 or either of them, to the foid John Indie for or in re- 
 
 fpe^ of the faid feparate debt of dollars or any 
 
 part thereof within the time aforefaid ; That then the 
 laid/(?-6«/«(7/«?, his executors and adminiilrators fliall be 
 and is hereby abfolutely acquitted, and forever dif- 
 charged, of and from the fame debt, and every part 
 thereof. In witnefs, &:c. 
 
 Whereby one Copartner upon retiring from business^ 
 grants to others bis share of the Copartnership 
 Debts and Effects* 
 
 This indenture tripartite, See. between Vh'ips Qua 
 
 the elder of raerchant, of the first part ; Robert 
 
 JVood of the fame place, merchant of tlie fecond part 5
 
 DEED. 491 
 
 and Plnps ^ta the younger, and John %ua both of 
 
 alureraid, merchants (Ions of the laid Phips J^ia 
 
 the elder) ofthe third part ; Whereas by indenture of 
 
 four parts, bearing date on or about the day of 
 
 , which was in ihc year of our Lord , and 
 
 made or mentioned to be made between the faid Fhips 
 Qua the elder, of the firil part ; the laid Phlps ^ici 
 the younger of the feeond part ; the (aid John ^la of 
 the third part ; and the faid Robert Jf^^ood of the fourth 
 part ; They che faid parties thereto did covenant and 
 agree to become copartners and joint traders in the 
 profeliion of a merchant from the date thereof, for the 
 term of years, under the conditions and agree- 
 ments thereinafter mentioned, and that the Hock of 
 goods, wares, merehandifes, debts and other things 
 therein mentioned to be brought into the faid joint 
 tr<ide, and to amount in vaUie to the fum of dol- 
 lars fhould beufed and employed therein as their capital 
 or joint Hock; and that the faid Fhips ^/a, the el- 
 der, ihould be entitled to three eighth parts of the faid 
 joint ftock and trade and the profits thereof, the faid 
 Fhips ^la the younger to two other eighth parts 
 thereof, the faid Johti ^la to one other eighth part 
 thereof, and the faid Robert JFood to the remaining 
 two eighth parts thereof. And it was by the fame in- 
 denture (amongft other things) covenanted, concluded 
 and agreed, by and between the liiid parties thereto, 
 that they the fame parties Ihould yearly during the faid 
 
 copartnerlhip on the day of ,or within tw en- 
 
 ty days next before* or after, account together, and 
 fully fmifli between them a perfe6\ account and reft in 
 writing, of all monies, goods. Mares, debts and effe6\s 
 then being in, or belonging to tlie faid copartnerlhip 
 trade, and of all debts and duties then owing by them 
 on account thereof, and that the faid Fhips ^la the 
 elder might upon finishing any fuch yearly account, 
 give and grant all or any part of his then Iharc and iu-
 
 ^92 DEE D. 
 
 tereft of and in the faid copartnerfliip (lock, and trade 
 to the laid Phips ^m the younger, and John Qtia^ 
 or either of them, in fuch parts and proportions as he 
 Ihould judge proper, and that from henceforth during 
 the then remainder of the faid copartnerlliip term of — 
 years, and at the expiration or other fooner determina- 
 tion thereof, the faid Phips ^la tlie younger, and 
 ^ohn Qua^ refpe6\ively, Ihould have, receive and be 
 jniitled to fuch part and fliare, or parts and ihares as 
 fliould be fo to them refpc6lively given, of and in the 
 faid copartnerfliip Hock and trade, and the profits there- 
 of, over andbefides their feveral former ihares and in- 
 tereft therein. And whereas by deed-poll (indorfed on 
 the back of thefliid recited indenture) bearing date the 
 
 « day of , reciting that the iliid Phips ^la 
 
 the elder, Phips ^la the younger, Joh?i ^la and 
 JRobert P/ood, had the day of the date thereof finiflied 
 the taking a yearly inventory and account of all wares, 
 goods, debts, ready money, and other things belong- 
 ing to them on account of the faid copartnerfliip trade ; 
 and that the faid P/^^/j^ .§j/(^ the elder, in purfuance 
 of the power to him referved by the foid recited inden- 
 ture, had agreed to give out of his fliare of the faid 
 copartnerfliip flock, one eighth part thereof to the 
 faid John ^la ; it is witnelTed that for the confide- 
 rations therein mentioned, he the faid Phips ^iia 
 the elder (with the confent of the faid Phips ^la 
 the younger, and Robert JFood tellified as therein is 
 mentioned) did give and grant unto the faid John 
 ^la one eighth part of all and Angular the goods, 
 wares, merchandifes, money, debts and effects, due, 
 owing and belonging to the faid copartnerfliip in the 
 faid inventory particularly mentioned. T6 hold, re- 
 ceive, and take to him the foid Johti Qua, his exe- 
 cutors, adminiflrators, and airigns,as his and their own 
 proper goods, chattels and cfFeds, as in and by the 
 (aid indenture aiid ^eed-poUj relation being thereto re.~
 
 D £ E L). 493 
 
 fpetSlively had, may appear. And ^vhcrcas the faid 
 rb'ips ^la the elder, Fhips ^la the younger. 
 '^ubn ^ui and RorcJt JVood have- carried on the laid 
 trade in co-partnerlliip, until the day of the date of thcle 
 prelents, and have taken a Unal and general aecoinit of 
 all wares, goods, debts, ready money, and other things 
 whatfoever, belonging or due to them for or on ac- 
 count of the faid eo-partnerihip trade, and alfo of all 
 debts and other demands due or owing by them to any 
 perfon or perfons for any matter or thing concerning 
 the joint trade, and have caufed the particulars thereof 
 to be entered into a proper refl-book, which is figned 
 by them at the foot of the faid account v.hereby it ap- 
 pears, that the clear or neat eilate of the faid copart- 
 
 nerOiip amounts to die fum of dollars. And 
 
 whereas the faid Pbips Qua the elder, intends to re- 
 tire from bufmefs, and the faid J'bips ^m the 
 younger, Jobn ^la and Robert IVood have agreed 
 
 to continue co-partncrs during the remaining 
 
 years of the faid copartnerlhip term of years, and 
 
 the l\\id Pbips ^la the elder, hath therefore agreed 
 to give to his faid fons Pbips ^la the younger, and 
 Jobn ^la, his two eighth parts of, and in the faid co- 
 partnerlhip ilock, debts, and efte6\s, on bein^ indem- 
 nified from the debts owing by them on account there- 
 of, in fuch manner as hereinafter is exprefled. Now 
 this indenture witnefteth, that for and in confiderati- 
 on of the natural love and affc^ion v.hich the faid 
 Pbips Qua the elder, hath and bearcth to his faid fons 
 Pbips ^la the younger, and Jobn ^/a, he the 
 faid Pbips ^la the ekler, (by and with the privity 
 and confent of the Hiid Robert JFood, ttftified by his be- 
 ing a party to, and fealing and delivering thefe pre- 
 fents) hath given and granted, and by thefe preft-nt"^ 
 doth give, and grant unto them the laid Pbips ^ni 
 the younger, and Jobn ^a, their executors, ad- 
 minillrators, and ajligns ; all thofc two eighth part^.
 
 494 DEED. 
 
 fliare, And intercft of lumlhe faid PJj'ips ^la the el- 
 der, of arid in all die ftock in trade, ware^, merchan- 
 clilcs, ready moac}', debts, outilanding goods, chattels, 
 and cffetls whatfoever, i\u.<i, owing, and belongi\ig to 
 the laid joint trade and co-partneriiiip, or to theai the 
 faid Phijjs ^ui the elder, Pbips ^la the youn- 
 ger, John ^la and Robert JVood^ or unyof thent in 
 refpeCl: thereof, and all the right, title, and intcrert 
 i^hatfoevcr of him the faid Pbips Qua the elder, of, 
 in, oi' to the faid hereby granted' premifes and every 
 part thereof. I'o have, hold, perceive, receive, take, 
 and enjoy the faid tu-o eighth parts mentioned to be 
 hereby granted of the laid Hock in trade, v/ares, debts 
 and effed^s, and of all other the aforefaid premifcs un. 
 to the faid Pb'ips ^ua the younger, and Jobn ^la^ 
 equally to be divided between them, (iiare aud Iharc 
 alike as tenants in common, their executors, admini- 
 flrators and ailig^ns, to their own ufe, and as their own 
 ficoods and chattels abfolutelv for ever. And for the 
 coniiderations aforefaid, and for the better enabling the 
 faid ■ bips ^la the yoiinger, and Jobn ^la^ to re- 
 cover, receive, and get in, all and every the fam and 
 fums of money, debts and efFecls belonging to the faid 
 copartiierlhip, whereof two eighth parts are hereinbe- 
 fore mentioned to be hereby granted as aforefaid ; he 
 -diQ faid Pbips ^la the elder, hath made, ordained, 
 conftituted and ap})ointed, and by thefe prcfents doth 
 Kiake, ordain, conRitute and appoint the faid Pbips 
 J^?mthe you.^ger, and Jobn ^la, his true and lawful 
 attorney and attornies, for and in the n:mie of him the 
 laid Pbips ^^ui, the elder, his executors, adminiflra- 
 tors and afiigns to afk, demand, call in, and receive of, 
 and from all and every perfon and {jerfons liable and 
 obliged or intruded to pay the ftme refpectively, all 
 and every the liim and funis of money, debts, goods, 
 and efre61s, whereof two eighth parts are mentioned to 
 be hereby granted, and which are due, owing find bcr
 
 DEED. 495 
 
 Jon^'insf to tliem the faid Pbips Qn.i the clc!cr, and 
 Vlj'ips ^ta the younuTr, John ^tciy and Robert JToody 
 or any ol thcni m felj)c6t of the laid copartiR-rlliip or 
 joint trade cauied ou between them as aforeliild, and 
 to give rc:ct :j>ts or other eiicchml dilchargcs for all ths 
 faid riioiiies, debts and effects, m d>e name oi" llie faicl 
 Phips ^iaih& eU!er, or otherwiie, as to them the 
 laid Phips J^/<7 the younger, wwd John i^r/cz, Ihall feeni 
 moll prcjper and expedient |» and to uie, take, and pro- 
 Iccute e\eryor any lawlul or equitable courfe or ex- 
 pedient for the recovering^, receiving, and getting in 
 the faid monies, deb.ts andefre6\s,or any part thereof, in 
 the name of liimthefaidPZ>//?i^/jthe elderjointly uith 
 them the faid Vhips ^la the younger, Jobji ^/a, and 
 Robert /rood, or olherw ii'e, as to them the faid Vhipj 
 ^la the } oungcr, and John ^ta (hall feem moll requi- 
 lite and expedient, in as full, ample, and beneficial 
 manner, to all intents and purpofes as they the faicl 
 Vh'ips ^ta the elder \*hip3 ^ta the younger, John 
 ^la, and Robert JVood, might or could do in cafe thefe 
 prefents had not been made. And the faid Vhips ^/a, 
 the elder, for himfelf, his heirs, executors, and admi- 
 iiiftrators, doth covenant promifc and agree to and with 
 the faid Fh/ps ^la the younger, and John ^ta^ their 
 executors and adminiftrators by thefe prefents, that he 
 the faid Vbips ^ia the elder, fiiall and will, from time 
 to time, and at all times hereafter, at the requeil and 
 proper cods and charges in the law of the faid Ph/ps- 
 S^ia the younger, and John <//<3, do execute and join 
 in all and every other fuch fu/thcr a6t and a^s as ihall 
 be requilite for enabling the faid Phips ^/a the voung- 
 er, and John ^la, \h(-\v executors or adniinillrators 
 to recover, receive and get in the debts and cftctls a- 
 forefaid, and as by them or cither of them, their or ei- 
 ther of their counfel, learned in the law lliall be advif- 
 ed and required. And alfo that he the faid Pbips^ 
 ^ua the elder, Ihall not, neruill, at any time -lereuf.
 
 490 DEED, 
 
 
 
 ter compound or releafe any debt or fum of irloney nov/ 
 due and owing to diem the laid parties hereto, or any 
 of them, in rcfpect of their faid jjint trade and copart- 
 neribip, nor difavow or become nonfiiit in any ac\ioi> 
 or fait, which may be commenced, fued or profecuted 
 for the recovery thereof. And the faid Fbips ^ta the 
 youncrer, and ^obn ^U7, for the confiderations afore- 
 faid, do hereby for themfelves feverally, and for their 
 leveral and refpe^live heite, executors and adminiftra- 
 tors, covenant, promife, grant and agree to and with 
 the faid Vhips ^la the elder, his executors and admin- 
 iftrators, that the faid Fbips ^a the younger, Jobn 
 J^/rt, and Robert IVood^ fome or one of them, their, 
 feme or one of their heirs, executors, or adminiftra- 
 
 tors, fliall and will, on or before the day of 
 
 next enfuing the date hereof, well and truly pay or 
 otherwife fatisfy and difcharge all debts whatfoever, 
 contra6led by and now due and owing from them the 
 faid Vb'ips ^la the elder, Fbips ^la the younger, 
 John ^ia, and Robert TFood^ in partnerlhip or other- 
 wife in refpecl of their joint trade and dealing, and 
 jr fball and will, well and fuiuciently indemnify and fave 
 harmlefs the ftiid Fbips ^la the elder, his heirs, exe- 
 cutors, and adminiilrators therefrom, and from and a- 
 gainO: all fuch colls, charges, damages, and expenfcs, 
 as fl:iali or may be recovered againft, or fuftained, ex- 
 pended, or become payable by him or them, for or by 
 reafon or means of the non payment of the fame debts, 
 or any of them, or for or by reafon or meo<jis of his 
 name being made ufe of, in any aclion or fuit which 
 fhall or may at any time hereafter be commenced, fu- 
 ed or profecuted for the recovery of any debt or fum of 
 money to them or any of them, due and owing. In, 
 ' witnefs, 8cc. 
 
 END OF FIRST VOLUME.
 
 ADVBRfFXSBMEITT. 
 
 The Compilers of the forms contained in this Jlppendix 
 deem it proper to state, That when the Publisher first pro- 
 jected the publication, it was his design to publish Gray- 
 don's Forms with additional forms and notes 6f judicial 
 decisions. — This design was abandoned upon the discovery 
 that a large proportion of the former edition remained on 
 the hands of the venerable editor, and a determination to 
 purchase that edition andpublish an Appendix by itself was 
 substituted, thus enabling the publisher to furnish the work 
 in complete sets to those who had none, and the %fippcndix 
 to those who had the Book itself. An alphabetical arrange- 
 ment of the forms was deemed the most simple, and there- 
 fore adopted, although it is not in conformity to that in 
 the work itself, which arranges the forms under the titles of 
 the respective courts in which they are used. It tvas not 
 until they had advanced into the work under a systematic 
 enquiry, embracing every species of forms, that they disco- 
 vered it would be impossible to make a complete and con- 
 nected formulary on the present plan; they therefore select- 
 ed those only that have been brought into use since the pub- 
 lication of Graydon's Forms, and thus supplied the defi- 
 ciency created by the lapse of twenty years, in the forms of 
 proceedings in Courts of Justice. 
 
 B
 
 PREFACE 
 
 The following Forms of Conveyancing avid other 
 Instruments, &c. are presented to the attention of the 
 young Conveyancer, in the hope that they may be 
 useful to him, and aid his labours — particularly in re- 
 lation to the important subject o[ Deeds of Trust. 
 
 It seems hardly necessary to remark, that the crea- 
 tion of Trusts, by Deed or Will, may embrace with- 
 in their control, all the objects which a prudent fore- 
 sight may dictate as desireable ; and may be diversified, 
 in their manner, to correspond with the wants and 
 wishes of those who may incline to make such settle- 
 ments of their Estates. The forms given are merely 
 intended to shew the manner in which such objects 
 can be attained. — To apply them to occasions as they 
 arise, or to vary the form of their matter in strict 
 adaptation to the exigencies of each respective case as 
 it occurs, is the business of the skilful and discrimi- 
 nating Conveyancer. He will also bear in mind that 
 their whole security rests on settled legal principles; 
 and that, however varied may be the objects of Trusts, 
 or for whatever purposes created, they should always 
 be penned with reference to and in conformity with 
 these principles.
 
 OF PRACTICE. 
 
 IN 
 
 CONVEVANCZNG. 
 
 In Pennsylvania, the title Deeds are uniformly retained by 
 the Vendor, after he has conveyed to a purchaser a ^jwW only 
 of the property held under them— and it is not usual for the 
 Vendor to furnish, or even to covenant to furnish, Copies either 
 attested or official. When this is done, it must be by special 
 agreement. But the purchaser of a part of the tenements has 
 a right to have the title examined by his own counsel, and to 
 require of the Vendor that all his Conveyances and other mu- 
 niments of title be put upon the Record, at the expense of the 
 Vendor; unless such record have been previously made. It is 
 prudent, however, in a purchaser to have an Abstract or Brief 
 of the title.— But where this is done it is always at the expense 
 of the purchaser. 
 
 It is usual to search for Juds;ments and Mortgages against a 
 Vendor— and in the case of judgments it is prudent not to lim- 
 it the Searches to the time when he purchased the Estate; for, 
 although it has been decided, and is now settled Law, that a 
 judgment is not a lien on lands purchased by defendant after 
 the judgment; yet, if the defendant have not ^o/ztfy/f/e aliened 
 the "lands before the levying of an Execution under the judg- 
 ment, they may be sold' under the execution. The Searches 
 therefore should be made without regard to the time of pur- 
 chase for the purpose of ascertaining whether any Executions, 
 in such cases, have been issued,andupon whatproperty levied. 
 Purchasers under sales made by order of the Orphans Court, 
 hold the Land discharged from Judgments, and all other debts, 
 except Mortgages, provided the proceedings of the Orphans 
 Court are strictly regular; and therefore, in the cases of such 
 Sales, it is not now usual to search for Judgments. 
 
 But it is highly adviseable, that the purchaser should be sa- 
 tisfied that the Orphans Court have proceeded in all parts in 
 strict conformity with the Acts of Assembly giving jurisdic- 
 tion; and in all cases, without any exception, searches should 
 be made for Mortgages.
 
 OF ACKNOWLEDGMENTS AND PROOFS 
 
 OF 
 
 eesj0, $ct. 
 
 ^ Form of Acknowledgment for one person. 
 
 County of Philadelphia, ss. 
 
 The — day of — A. D. 1830 Before me the subscriber one 
 of the Justices of the Peace in and for the County aforesaid 
 personally came the within named A B and in due form of 
 Law acknowledged the within written Indenture to be his 
 Act and Deed and desired the same might be recorded as such. 
 Witness my hand and seal the day and year aforesaid, (l.s.) 
 
 Form ofJlcknowledgment by virtue of a Letter ofJittorney. 
 
 City of Philadelphia, ss. 
 
 The— day of— A. D. 1830 Before me— Esquire Mayor 
 of the said City personally came the above named E F and in 
 his own name and in the names of his Constituents the above 
 named A B and C D in due form of liaw acknowledged the 
 above written Indenture or Deed of Conveyance to be his 
 own Act and Deed and the Act and Deed of his Constituents 
 the said A B and C D by him the said E F done and executed 
 by virtue of a Letter of Attorney to him for that purpose grant- 
 ed and desired the same might be recorded as such Witness 
 my hand and seal the day and year aforesaid. (l. s.) 
 
 A good form of Acknowledgment by Husband and Wife. 
 
 City of Philadelphia, ss. 
 
 The— day of— A. D. 1830 before me the subscriber one of 
 the Aldermen of the said City personally appeared the above 
 (or within) named A B and C his wife and in due form of 
 Law acknowledged the above (or within) written Indenture 
 to be their Act and Deed and desired the same might be record- 
 ed as such and the said C being of full age and separate and 
 apart from her said Husband by me thereon privately exam- 
 ined and the full contents of the above (or within) Deed be- 
 ing by me first made known imto her did thereupon declare 
 and say that she did voluntarily and of her own free will and 
 accord sign seal and as her Act and Deed deliver the above (or 
 within) written Indenture Deed or Conveyance without any 
 coercion or compulsion of her said husband Witness my hand 
 and seal the day and year aforesaid (i.. s.)
 
 ACKNOWLEDGMENTS AND PROOFS. 7 
 
 Forms of Proof of execution of Deeds. 
 
 City of Philadelphia, ss. 
 
 ce it remembered that on the — day of — in the year of our 
 Lord one thousand eight hundred and thirty before me P C 
 Esq- one of the Aldermen of the said City personally came A 
 B of the said City merchant one of the subscribing witnesses 
 to the execution of the within written Indenture and on his 
 solemn affirmation according to Law doth declare and say that 
 he did see C D the Grantor within named seal and as his Act 
 and Deed deliver the within written Indenture Deed or Con- 
 veyance for the uses and purposes therein mentioned — that he 
 did also see E F subscribe his name thereunto as the other 
 witness of such sealing and delivery and that the name of this 
 affirmant thereunto set and subscribed as a witness is of this 
 affirmant's own proper and respective hand writing 
 
 Affirmed and subscribed the day") A B 
 
 ami year aforesaid before me y 
 Witness my hand and seal 
 
 P C Alderman (Seal) 
 
 ■Another form of Proof. 
 
 County of Philadelphia, ss. 
 
 Be it remembered that on the — day of — in the year of our 
 Lord 1830 before me A B one of the Justices of the Peace in 
 and for the County aforesaid personally came C D of — and on 
 his solemn affirmation according to Law doth declare and say 
 that he was present and did see E F of the Township of Penn 
 in the County aforesaid carpenter the Grantor in the within 
 Indenture named sign seal and as his Act and Deed deliver the 
 within written Indenture Deed or Conveyance for the uses and 
 purposes therein mentioned — that the same was so signed seal- 
 ed and delivered in the presence of G H of the City of Phila- 
 delphia Bricklayer and of this affirmant — that the name E F 
 set and subcribed to the said Indenture as the party executing 
 the same is of the proper hand writing of the said E F — and 
 that the names G H and C D also set and subscribed to the 
 said Indenture as the witnesses attesting the due execution 
 thereof are of the respective proper hands writing of the said 
 G H and of this affirmant 
 
 Affirmed and subscribed the day 7 C D 
 
 and year aforesaid before me 3 
 Witness my hand and seal 
 
 A B Justice of tlie Peace (Seal) 
 
 Deeds conveying lands in Pennsylvania, made and executed 
 within the state, may be acknowledged or proved before any 
 Judge of the Supreme Court, or the President or Associate 
 Judge of the Court of Common Pleas in any County, or the 
 Mayor or Recorder of the Cities of Philadelphia, Lancaster,
 
 3 ACKNOWLEDGMENTS AND PROOFS. 
 
 Harrisburg, or Pittsburg;, or an}' Alderman of the said Cities, 
 or Justice of the Peace of any County. If made and executed 
 out of the state and within the United States, they may be ac- 
 knowledged or proved before any Mayor, Chief Magistrate, or 
 ofiiccr of the City, T own, or place where such Deeds or Con- 
 veyances are or shall be made or executed, and certified under 
 the common or public seal of such City, Town or place, or be- 
 fore one of the Judges of the Supreme Court of the United 
 States, or before a Judge of the District Court of the United 
 States, or before any one of the Judges or Justices of the Su- 
 preme or Superior Court or Courts of Common Pleas of any 
 state or territory within the United States, and so certified un- 
 der the hand of said Judge and seal of the Court* — or before 
 any Commissioner residing out of the State of Pennsyjvania, 
 and in any other of the United States, or in the District of Co- 
 lumbia, authorized for that purpose by the Governor of this 
 Commonwealth.t If made and executed in any foreign State, 
 they may be acknowledged or proved before any Mayor, or 
 Chief Magistrate, or officer of the Cities, Towns, or places, 
 where such Deeds or Conveyances are or shall be made or exe- 
 cuted, and certified under the common or public Seal of such 
 Cities, Towns, or places; or before any Consul or Vice-consul 
 of the United States, duly appointed for and exercising consu- 
 lar functions in the State, Kingdom, Country, or place where 
 such Deeds or Conveyances &c. may or shall he made and ex- 
 ecuted, and certified under the public official Seal of such Con- 
 sul or Vice-consul of the United States. 
 
 The recording of a Deed defectively proved or acknowledg- 
 ed is not constructive notice to a subsequent purchaser. It is 
 therefore important that it be done before the proper Officer — 
 and as this is an essential part of the due execution of every 
 deed it should never Ijc omitted — and in the case of every deed 
 conveying the lands of husband and wife, although executed 
 by the wife together with her husband, if not acknowledged 
 by her, according to the Act of Assembl}'^, she is not barred of 
 her dower or her Estate in the Lands. 
 
 *It h:is however been held that "an Acknowledgment before two Justices 
 of t!ie County of B in another vState, accompanied bj' the Certificate of 
 the Clerk of the County Court, under the seal of the Court, that the persons 
 who took the Acknowlcdg-ment were Justices of the Peace, and that there 
 were no magistrates superior to them in B county," is a good acknowledg- 
 ment under the third section of the Act of Assembly of 24 February, 1770. 
 5 Binncy, 296—3 Yeates, 424. 
 
 t The power of these Commissioners under the Act of Assembly enti- 
 tled " An act to authorize the appointment of Commissioners to take the 
 acknowledgment of Deeds and Instniments of writing under seal," passed 
 the fourteenth day of April 1828, does not extend to authorize them to take 
 the separate exaviination of Femmes covert. The power is limited to "Ac- 
 knowledgments and proof of execution" — and has no express reference 
 whatever to Cowceyaiices by fernvvet covert. It is therefore believed, and 
 with good reason, that Deeds so acknowledged will not pass the Estates of 
 f emmet covert.
 
 Bertr.^ of Etmt 
 
 In f rust for Creditors. 
 
 This Indenture made the — day of— in the year of our Lord 
 
 &:c. Between Joseph George of of the one part and John 
 
 liee of — of the other part Whereas the said Joseph George 
 has incurred debts which b}^ reason of sundry misfortunes in 
 trade he is at present unable to discharge and being desirous of 
 giving to his Creditors all the satisfaction tliat lays in his power 
 Now therefore this Indenture witnesscth that the said Joseph 
 George as well in consideration of the premises as also of the 
 sum of one Dollar lawful money of the United States to him in 
 hand well and truly paid by the said John Bee at the time of 
 the execution hereof the receipt whereof is hereby acknow- 
 ledged hath and by these presents doth grant bargain and sell 
 release and confirm assign transfer and set over unto the said 
 John Bee his heirs executors admJtiistrators and assigns all and 
 singular his the said Joseph George's messuages lots of ground 
 lands tenements and hereditaments goods and chattels debts 
 and effects and generally all and singular his estate real per- 
 sonal and mixed whatsoever and wheresoever To have and to 
 hold the same to the said John Bee his heirs executors ad- 
 ministrators and assigns to and for his and their proper use 
 and behoof forever In Trust nevertheless and to the intent and 
 purpose that he the said John Bee his heirs executors admi- 
 nistrators or assigns shall and will as soon-as reasonably may be 
 convert all and singular the said hereby granted and assigned 
 premises into money and for that purpose shall and will bar- 
 gain and sell and absolutely dispose of all and singular the said 
 messuages lots lands tenements hereditaments and Real Instate 
 and also the said goods chatties and personal Estate hereby 
 granted and assigned unto any person or persons and for 
 the best price or prices that can reasonably be had or gotten 
 for the same either at public or private sale or sales in his dis- 
 cretion and grant convey and assure the said real estate and the 
 absolute fee simple and inheritance thereof unto the purchas- 
 er or purchasers thereof and his her or their heirs and assigns 
 forever and that he the said John Bee his heirs executors ad- 
 ministrators or assigns shall and will pay and distribute the pro- 
 ceeds of suoh sales together Avith all other moneys which shall 
 come to his or their hands by virtue of these presents (all his 
 and their reasonable costs charges and expenses being thereout 
 first deducted) to and amongst all and singular the Creditors of 
 the said Joseph George in an equal and rateable manner ac- 
 
 C
 
 10 DEEDS OF TRUST. 
 
 cording to the amount of their respective debts yielding the 
 overplus if any to him the said Joseph George his executors 
 or administrators [or to and amongst all such of the Creditors 
 of the said Joseph George who reside m Europe as shall within 
 — from and next after the date hereof and all such others of the 
 Creditorsof the said Joseph George who reside in the Unit- 
 ed States as shall within — from and next after the date hereof 
 execute and deliver to the said Joseph George a fidl and gen- 
 eral Release of all their respective claims and demands in an 
 equal and rateable manner according to the amount of their 
 respective debts yielding the overplus if any to him the said 
 Joseph George his executors or administrators.] 
 
 Or thus " in the first place to the payment of the debts of 
 " the said Joseph George due or owing on Custom house bonds 
 "and the surplus to and amongst all such of the Creditors of 
 "the said Joseph George that reside within the United States 
 "of America as shall within four months from and next af- 
 " ter the date hereof come in and claim the benefit of this as- 
 " signment and sign and execute a general Release of all fu- 
 "ture claim or demand against the person and property of the 
 " said Joseph George except only the Bank of the United States 
 "and the I3ank of Pennsylvania who although they do not 
 " execute the said release are nevertheless to be entitled to 
 *' have and receive a diA^idend or dividends under this assign- 
 " ment and to and amongst all such others of the Creditors of 
 " the said Joseph George that reside in Europe or elsewhere 
 " out of the United States of America as shall within eight 
 "months from and next after the date hereof come in and 
 "claim the benefit of this assignment and sign and execute a 
 " release of all future claim or demand against the person and 
 " property of the said Joseph George in an equal and rateable 
 "manner according to the amount of their respective debts 
 "yielding the overplus if any overplus shall remain after his 
 " debts due and o\Ving on Custom house Bonds and after all 
 *'and singular the Creditors of the said Joseph George who 
 " shall entitle themselves to the benefit of this assignment and 
 "the Banks aforesaid shall have been fully paid unto him the 
 "said Joseph George his executors or administrators'' 
 
 And the said Joseph George doth hereby make ordain con- 
 stitute and appoint the said John Bee his executors and ad- 
 ministrators his true and lawful Attornies irrevocable with 
 full power and authority for and in tlije name of him the said 
 Joseph George or in his and their own name or names or oth- 
 wise but nevertheless to and for the uses intents and purposes 
 aforesaid to ask demand sue for recover and receive of and 
 from all and every person and persons whom it may concern 
 all and every the debt and debts sum and sums of money 
 goods chattels effects and demands whatsoever due owing pay- 
 able or any way belonging to the said Joseph George and
 
 DEEDS OF rnusT. 11 
 
 hereby assigned or meant or intended so to be and on receipt 
 thereof to ^ive good and sufTicient acquittances and discharges 
 for the same and to do and execute all acts matters and things 
 in Deed or in Law as shall be necessary for cfl'ecting the pre- 
 mises and hereby ratifying and confirming all and whatsoever 
 his said Attorney or Attorneys or his or their substitute or 
 substitutes shall lawfully do therein by virtue hereof In wit- 
 ness &.C. 
 
 Voluntary assignments will not bar Dower, unless the wife 
 of the assignor join in and acknowledge the deed. 
 
 A Schedule or Inventory of all the property real personal 
 or mixed should be endorsed upon, or annexed to, the deed, 
 and signed by the assignor, at the time of the execution of 
 the Deed. 
 
 The following Section of the Act of Assembly, entitled "A 
 "Supplement to the Act entitled, an Act to compel Assignees 
 " to settle their Accounts, and for other purposes," passed the 
 fourteenth day of April, 1828, is subjoined for the purpose of 
 showing the duties of assigness under voluntary assignments. 
 
 Sect. 4. "That in all cases where any person or persons 
 " may hereafter make or execute any voluntary assignment of 
 ^* his her or their estate real personal or mixed or any part therof 
 " to any person or persons in trust and for the use of his her or 
 " their creditors such assignee or assignees shall within thirty 
 "days from the execution of said deed of assignment file an 
 *« inventory or schedule of all the property real personal or 
 "' mixed thus assigned to him or them in the ofllce of the Prc- 
 " ihonotary of the Court of Common Pleas of the proper county 
 " which said inventory or schedule shall contain the appraised 
 " value of the said property thus assigned and the said appraise- 
 " ment and valuation shall be made by two disinterested citizens 
 " of said county and shall be certified by them on oath or affir- 
 " mation taken before the said Prothonotary at the time of the 
 *' filing of the said inventory or schedule and the said assignee 
 " or assignees shall as soon as the said schedule or inventory 
 " shall be filed in the manner aforesaid give bond with two 
 " sufficient sureties to be approved of by one of the Judges of 
 "the Court of Common Pleas of said county which said bond 
 " shall be executed to the Commonwealth of Penns3'lvania for 
 "the use of all the creditors interested in the estate of such 
 " assignor in double the amount of the appraised value of such 
 "estate the condition of suoh bond shall be as follows, viz. — 
 " The condition of this obligation is such that if the above 
 "bounden A B assignee of C D has complied and will in all 
 "things comply with the provisions of the Act entitled 'An 
 " ' Act to compel Assignees to settle their accounts and for 
 " ' other purposes' and the supplements thereto and shall faith- 
 " fully execute the trust confided to him then the above obli- 
 " gation to be void and of none effect or else to be and remain 
 " in full force and virtue.
 
 12 DEEDS OF TUUST. 
 
 The Assignee or Assignees should sign a covenant, at the 
 foot or on the back of the Deed, accepting the trust. This is 
 variously done sometimes thus " I (or we as the case may be) 
 accept the above (or the within) Trust" or " We the under- 
 signed Trustees named in the above (or within ) Indenture do 
 hereby accept the trust therein declared" 
 
 AHassignments must be recorded in the OIBce for recording 
 of Deeds in the Coiiniy in ivhich the assignor resides within 
 thirty days after the execution thereof, or they will be null 
 and void, as against any of the creditors of the said assignor. 
 Besides, they should also be recorded m every county in the 
 State, in which land intended to be passed by them, is situated. 
 
 Deed of Trust to the use of Grantor and Wife, for their 
 several lives; then to the use of their Son and Daughter 
 for their several lives; and. aflerioards the Estate to 
 be sold, and the proceeds divided amongst the Grand- 
 children. 
 
 This Indenture made the — day of — in the year of our 
 Lord 1830 between A B of the city of Philadelphia in the 
 State of Pennsylvania merchant and C his wife of the one part 
 and D E of Ihc' same city Esquire of the other part witnesseth 
 that the said A B and C his wife as well for and in consitlera- 
 tion of one dollar lawful money of the United States to them 
 in hand well and truly paid by the said D E at or before the 
 sealing and delivery hereof the receipt whereof they do hereby 
 acknowledge as also for divers other good and valuable causes 
 and considerations them thereunto especially moving have 
 granted bargained and sold aliened enfeoffed released and 
 confirmed and by these presents do grant bargain and sell 
 alien enfeoff release and confirm unto the said D E and his 
 heirs all that certain messuage or tenement and lot or piece of 
 ground thereunto belonging situate &,c. together also with all 
 and singular the buildings improvements v/ays alleys passsages 
 waters water courses rights privileges liberties hereditaments 
 and appurtenances whatsoever thereunto belonging and the re- 
 versions and remainders rents issues and profits thereof And 
 all the estate right title interest property claini and demand 
 whatsoever of him the said A B and C his wife either in law 
 or equity of in and to the same To have and to hold all and 
 singular the said hereby granted premises with the appurte- 
 * nances unto the said D Ehis heirs and assigns to and for his 
 and their only proper use benefit and behoof forever in trust 
 nevertheless to and for the uses and purposes following that 
 is to say in trust to permit and suffer the said C wife of the 
 said A iB for and during the term of her natural life to occupy 
 demise or dispose of the said premises and every part thereof 
 and to take receive and enjoy the rents issues and profits of 
 the same to and for her own sole and separate useand behoof
 
 DEEDS or r.'M 
 
 13 
 
 as if she were a feme sole sl^c payins; all inxcs thereon and all 
 necessary and proper repairs thereof and in case she shall die 
 durinji; the life of the saiil A B then from and immediately 
 after the decease of the said C in trust to permit and suHer the 
 said A B in like manner for and dnrins; the term of his natu- 
 ral life to occupy demise or dispose of the said premises and 
 every part thereof and to take receive and enjoy the rents 
 issues and profits of the same to and for his own proper use 
 and hehoof and from and immediately afier the death of the 
 lon2;cst liver of them t'ne said A B and (; his wife m trust to 
 let "and demise the same for the l)cst rent that can be p;otten 
 therefor and the nett annual rent and income after payins; all 
 taxes and necessary repairs lo pay apply and dispose of in 
 manner following- that is to say one ecpial half part thereof 
 to and for the maintenance and henedt of F G son of the said 
 A B durino- the term of his naturul life in such way and man- 
 ner as that the same or any part thereof shall not become sub- 
 ject or liable to the pavment of any of his debts present or 
 future and so that no creditor of th'e said F G shall ever be 
 able to take seize or enjoy the same or any part thereof and 
 the other and remaining* half part thereof to and for the sole 
 and separate use of 11 i the dau«;htcr of the ?aid A B during; 
 the term of her natural life And upon this further trust that 
 until the death of the longest liver of them the said F G and 
 H I in the event of the death of cither of tlicm the part or 
 share of him or her so dying shall upon his or her death re- 
 spectively leaving issue be paid applied and disposed of until 
 the death of the said longest liver for the use and behoof of 
 his or her issue respectively but if there shall be no such issue 
 or if the same shall all dicin tine lifetime of the said longest 
 liver then the said part or share of him or her so dying shall 
 until the death'of such longest liver be paid and applied to and 
 for the use of such longest liver And upon this further trust 
 that from and immediately after the death of the longest liver 
 of them the said F G and 11 I to let demise and dispose of the 
 said premises and every part thereof for the best rent that can 
 be gotten therefcr and the nett annual rent and income after 
 paying all taxes and necessary repairs to pay apjily and dis- 
 pose of to* and among the children then living of the said F G 
 and H I respectively and the issue of such as may be dcad^ 
 until the youngest of such children shall attain the age of 
 twenty-one years each of such children to take one part or 
 equal share and the issue of any deceased child or children to 
 take equally amongst them the part or share that his her or 
 their parent wouUl have taken if living And on the arrival 
 of the youngest of the said children at the age of twenty-one 
 vears then upon this further trust to bargain and sell and ab- 
 solutely dispose of the said premises and every part thereof 
 and to grant convey and assure the same and the al)soIute lee 
 simple and inheritance thereof unto any person or persons
 
 14 DEEDS or TRUST. 
 
 willing to purchase the same for the best price that can be 
 gotten either at public or private sale or sales and his her or 
 their heirs and assigns for ever in fee simple free and dis- 
 charged of and from any manner of trust or limitation what- 
 ever' and the nett proceeds of such sale or sales to divide and 
 distribute equally among all the then surviving children of 
 the said F G and H I and the issue of such as may be then 
 dead part and share alike so always hov/ever that each of such 
 surviving children shall take in chief or per capita and such 
 issue shall take together in equal parts the share that his her 
 or their parent would have taken if then living 
 In witness whereof &c 
 
 Deed of Trust from Husband and Wife, for the Wife^s 
 Estate, limiting the use to the Wife for life; remainder 
 to the uses of her Will, and in default of a Will, to such 
 persons as at her death may be her Heirs, with powers of 
 revocation and declaration of new uses. 
 
 This Indenture made the — day of — in the year of our 
 Lord 1830 between A B of the city of Philadelphia merchant 
 and C his wife of the one part and D E of the same city 
 Esquire of the other part Witnesseth that the said A B and C 
 his wife as well for and in consideration of one dollar lawful 
 money of the United States to them in hand well and truly 
 
 Eaid by the said D E at or before the sealing and delivery 
 ereof the receipt whereof they do hereby acknowledge as 
 also for divers other good and valuable causes and considera- 
 tions them thereunto especially moving have granted bar- 
 gained and sold aliened enfeoffed released and confirmed and 
 by these presents do grant bargain and sell alien enfeoff re- 
 lease and confirm unto the said D E his heirs and assigns All 
 that certain messuage or tenement and lot or piece of ground 
 thereunto belonging situate &.c [being the same premises which 
 F G of the said city merchant by Indenture bearing data the 
 fourth day of October one thousand eight hundred and six re- 
 corded in the office for recording of Deeds for the city and 
 county of Philadelphia in Deed Book &c granted and con- 
 veyed unto H I then of the said city merchant (who was the 
 father of the said C the wife of the said A B parties hereto) in 
 fee And the said H I lately died seised thereof having first 
 by his last will and testament in writing bearing date the 
 tenth day of September 1829 duly proved and remaining of 
 record in the Register's office at Philadelphia devised the 
 same to his daughter the said C (the wife of the said A B) in 
 fee] Together also with all and singular the buildings and 
 improvements ways alleys passages waters water courses 
 rights liberties privileges hereditaments and appurtenances 
 whatsoever thereunto belonging And the reversions and re- 
 mainders rents] issues and profits thereof and all the estate
 
 DEEDS GF TRUST. 
 
 15 
 
 ri'^ht title interest property claim and demand whatsoever of 
 them the said A B and C "his wife either in law or equity of 
 in and to the same To have and to hold the said messuage or 
 tenement and lot or piece of ground hereditaments and pre- 
 mises hereby granted or mcniioncd or intended so to be with 
 the appurtenances unto the said 1) E his heirs and assigns to 
 and for his and their only proper use and behoof for ever In 
 trust neverlhelcss to and for the uses intents and purposes 
 following that is to say In trust to and for the sole and separate 
 use of the said C wife of the said A B for and during all the 
 term of her natural life and to permit and sufler the said C 
 for and diiring the term of her natural life to occupy let and 
 demise the said premises and every part thereof and to take 
 receive and enjoy the rents issues and profits of the same to 
 and for her ow'n sole and separate use and behoof as if she 
 were a feme sole she paying all the taxes thereon and all 
 necessary and proper repairs thereof And from and imme- 
 diately after the decease of the said C then to grant and con- 
 vey the said premises and every part thereof unto such person 
 or persons and for such estate and estates and interests as she 
 the said C by her last will and testament or by any writing in 
 the nature of a last will and testament by her signed and 
 sealed in the presence of at least two credible witnesses who 
 shall attest the same by subscribing their names thereto as 
 witnesses shall order direct limit and appoint and for want of 
 such last will or appointment then to grant and convey the 
 said premises and every part thereof unto such person and 
 
 Eersons as at the decease of the said C shall and may be her 
 eirs and legal representatives and in such parts shares and 
 proportions as such person and persons shall be entitled to ac- 
 cording to the laws of Pennsylvania regulating the descent of 
 real estate in case of intestacy — Provided always nevertheless 
 and it is hereby further declared and agreed by and between 
 all the said parties to these presents tliat it shall and may be 
 lawful to and for the said C whether covert or sole at any 
 time or times hereafter by any writing or writings under her 
 hand and seal and attested by two or more credible witnesses 
 to alter revoke annul and destroy all and every the trusts 
 hereby created and to declare direct and appoint such other 
 trusts of and concerning the said trust estate or of any part or 
 arcel thereof as she shall choose or think proper any thing 
 erein before contained to the contrary thereof in any wise 
 notwithstanding In wit-ness Sec 
 
 i;, 
 
 Deed made in pursuance of the ■powers reserved in the 
 foregoing Deed, to revoke the old and declare new uses. 
 
 I'his Indenture made the — day of — in the year of our Lord 
 1830 between CB wife of A B of the one part and D E of the 
 other part Whereas the said A B and C his wife in and by a
 
 16 DEEDS Oi- TUUST. 
 
 certain Indenture bearins; date the — day of — last past for the 
 considerations therein mentioned did ,:^rant convey and confirm 
 unto the said D K his heirs and assigns- all that certain mes- 
 suage or tenement and lot or piece of ground thereunto be- 
 longing situate &c together with the appurtenances to hold to 
 him the said D E his heirs and assigns for ever In trust ne- 
 vertheless to and for the uses intents and purposes therein 
 particularly^ mentioilfed set forth and declared with a proviso 
 therein contained in the words following that is to say " that 
 " it shall and may be lawful to and for the said C whether 
 " covert or sole at any time or times hereafter hy any writing 
 " or writings under her hand and seal and attested by two or 
 " more credible witnesses to alter revoke annul and destroy 
 '• all and every the trusts thereby created and to declare direct 
 " and appoint such other trusts of and concerning the said 
 " trust estate or of any part or parcel thereof as she shall choose 
 '•' or think proper any thing herein before contained to the 
 ** contrary thereof in any wise notwithstanding" as in and by 
 the said recited Indenture recorded in the office for recording 
 of Deeds in and for the city and county of Philadelphia in 
 Deed Bock &lc reference being thereunto had will more fully 
 and at large appear Now this Indenture witnesseth that the 
 said C B in pursuance and execution and by virtue of the 
 power and authority reserved to her in and by the above recited 
 Indenture to alter revoke annul and destroy all and every the 
 trusts thereby created hath thought proper in executimi of the 
 said power to revoke annul and destroy and hereby doth re- 
 voke annul and destroy all and every the trusts thereby cre- 
 ated and in lieu thereof doth by these presents declare direct 
 and appoint new trusts in the manner and for the uses and 
 purposes herein after mentioned that is to say that the said D E 
 his heirs and assigns shall stand seised of the said premises 
 herein before described in trust to and for the sole and separate 
 use of the said C for and during ail the term of her natural 
 life and to permit and suffer the said C and her assigns for and 
 during the term of her natural life to occupy let and demise 
 the said premises and every part thereof and to take receive 
 and enjoy the rents issues and profits of the same to and for 
 her own sole and" separate use and behoof as if she were a 
 > feme sole she paying all taxes thereon and all necessary and 
 proper repairs thereof or at the request of the said C in writ- 
 mg at anj^ time hereafter to sell and dispose of the said pre- 
 mises or any part thereof and to grant and convey the same 
 or any part "thereof unto the purchaser or purchasers thereof 
 his her or their heirs and assigns for ever in fee simple free 
 and discharged of and from any manner of trust or limitation 
 whatever and to pay and apply the money arising from such 
 sale to and for such uses and purposes as she the said C in 
 writing shall or may from time to time direct limit or appoint 
 and for want of such sale convc}'ance and disposition then
 
 DEEDS OF TIIUST. 17 
 
 from and after the decease of the said C in trust to g;rant and 
 convey the said premises or such part thereof as shall remain 
 unsolil and undisposed of to such person or persons as at 
 the decease of the said C shall and may he her heirs and legal 
 representatives and in sucii parts shares and proportions as 
 such person and persons shall he entitled to aocordini; to the 
 laws of Pennsylvania regidatino; the descent of real estate in 
 case of intestacy In witness whereof &c. 
 
 Signetl sealed and delivered 7 
 in the presence of us 3 
 Let the execution be proved by one of the subscribing witntsses. 
 
 Deed of Settlemeiit in consideration of JShtrrias^e^ limiting 
 the Estate to the use of the fVoman till Marriage, then 
 to her sole and separate use, Sj-c. 
 
 This Indenture made the — day of — in'the year of our 
 Lord 1830 hctwecn A \l of the city of P])iladelphia spinster 
 of the one part and C D and E F both of the said city mer- 
 chants of the" other part Whereas a marria2;e is intenc'ed by 
 divine permission to he had and solemnized between the said 
 A B and G H of the said city merchant and it has been agreed 
 to settle the estate real and personal of the said A B in the 
 manner herein after specified with the consent of the said G H 
 which is testified by his signing this indenture as a witness 
 Now this indenture witnesseth that the said A B in conside- 
 ration of such intended marriage and the purpose aforesaid 
 and also in consideration of one dollar to her in hand paid by 
 the said C D and K F at the time of the execution hereof the 
 receipt whereof is h.ereby acknowledged hath granted bar- 
 gained and sold aliened enfeoffed released and confirmed 
 assigned transferred and set over and by these presents doth 
 grant bargain and sell alien cnfeofT release antl confirm assign 
 transfer and set over unto the said C D and E F their heirs 
 executors administrators and assigns all the estate of the said 
 A B real and personal whatsoever and wheresoever in pos- 
 session reversion or remainder with the appurtenances and 
 all the estate right title interest property claim and demand 
 whatsoever of her the said A B of in and to the same To have 
 and to hold the same with the appurtenances to the said C D 
 and E F their heirs executors administrators and assigns to 
 the use of them the said C D and E F their heirs executors 
 administrators and assigns for ever In trust nevertheless that 
 they the said C D and E F their heirs executors administra- 
 tors or assigns shall pay the rents issues profits interest income 
 and procce(ls thereof to tne said A B while sole and after her 
 marriage shall pay the same to the said A B durin-j; her cover- 
 ture to her sole and separate use and benefit and if the said 
 A B shall survive her intended husband then that they the 
 
 D
 
 18 DEEDS or TRUST. 
 
 paid C I") and E F their heiis executors administrators or as- 
 pi^ns sliall grant and convey the said real estate and assi^^n 
 arid transfer the said personal estate to the said A B to the 
 only proper use and behoof of the said A B her heirs execu- 
 tors adn\inistrators and assigns for ever And if the said A B 
 shall not survive her intended husband then that they the said 
 C D and E F tiieir heirs executors administrators or assigns 
 shall grant convey and assign the said real and personal estate 
 to such peison or persons and fur such estate and estates as 
 she the saitl A B shall by any instrument in the nature of a 
 last vviil and testament under her hand and seal executed in 
 the presence of at least two witnesses who shall attest the same 
 by subscribing the same as witnesses notvvitiistanding her co- 
 verture direct limit and appoint And in case of no such ap- 
 pointment and the death of the said A before her intended 
 husband then that they the said C D and E F their heirs ex- 
 ecutors administrators or assigns shall grant convey and assign 
 the said real and personal estate to such person or persons as 
 would be entitled to the same if the said A had survived her 
 intended husband and afterwards died intestate and in such 
 manner and for such quantity of estate as such person or per- 
 sons would in such case be entitled to by law In witness 
 whereof &.c 
 
 Sig-ned scaled and delivered") 
 in the presence of us 5 
 Let the execution be proved by one of the subscribing^^ witnesses. 
 
 Another Deed of Settlement in consideration of Marriage. 
 
 This Indenture made the — day of — between A B of the 
 city of Philedclphia gentleman of the first part C D of the said 
 city spinster of the second part and E F and G H of the said 
 cily merchants of the third part Whereas a marriage is in- 
 tended by divine permission to be had and solemnized between 
 the said A B and (.' D and whereas the said C D now standetU 
 seised in her demesne as of fee of and in all those messuages 
 or tenements and lots or pieces of ground situate &c (describe 
 the property) together with the appurtenances and also of and 
 in one full equal and undivided fourth part of and in all those 
 messuages lands &c situate &c which descended and canie to 
 her as one of the tiaughters and heirs at law of J D late of the 
 said city gentleman deceased intestate And whereas the said 
 C D is" now possessed of and entitled to a certain mortgage 
 bearing date the — day of — &c recorded at Philadelphia in 
 mortgage book &c made and executed to her by M O of the 
 said city merchant for securing the payment of the just sum of 
 ten thousand dollars on a certain day and time therein men- 
 tioned together with lawful interest half yearly for the same 
 and the said C IJ is also entitled to certain other mortgage
 
 DEE03 OP TUUST, 19 
 
 debts of five tliousanfl dollars and four lliousand dollars payab'e 
 with interest and to fifty shares of the capital stock of the pre- 
 sident directors and company of the bank of — which are 
 severally held by and in the name of the said K F in trust fur 
 the said C I) Now this indenture wilnesseth that the said C D 
 in consideration of the said intended marriage and Hir settlinj; 
 anil assuring all her estate real ami personal to the uses herein 
 after mentioned and also in considriation of one dollar to her 
 in hand paid by the said K F and Cj 11 at the time of the ex- 
 ecution hereof the receipt whereof is hereby ack,nowle(l5;ed 
 hath granted bargained and sold aliened enfeoffed released and 
 confirmed assigned transferred and set over and by these pre- 
 sents doth grant bargain and sell alien enfeoff release and 
 confirm assign transfer and set over unto the said K F and 
 G II and the survivor of tluMU and the heirs executois ad- 
 ministrators and assigns of such survivor all and singular the 
 aforesaid messuages and lots of ground lands tenements and 
 hereditaments and mortgage monies and interest and bank 
 stock aforesaid and all oilier the estate real and personal 
 whereof the said C I) or the said E F or any other person or 
 persons in trust for her now is or are seised or possessed of 
 interested in or entitled unto either in law or equity in pos- 
 session reversion remainder or expectancy or otherwise how- 
 soever with the appurtenances and all the estate right title 
 Interest property claim and demand wliatsocver of her ilie said 
 CI) of in and to the sanne To have and to hold all an'l singu- 
 lar the said hereby granted and assigned premises with the 
 appurtenances unto the said E F and G II and the survivor 
 of them and the heirs executors atlministrators ami assigns of 
 such survivor to their own proper use an»l behoof f(»r ever In 
 trust nevertheless to such uses upon such trusts and to and 
 for such intents and purposes as are herein after mentioned 
 expressed and declared of and concerning the same tlu.t is to 
 sav in trust to the use of the said C D until the solemnization 
 of the said intended marriage and from and after the solemni- 
 zation thereof then for an(( tluring the coverture of the said 
 A B and C D upon the following trust that is to say the rents 
 issues and profits of the said messuages lots lands tenements 
 hereditaments and real estate and tlie interests diviilcnds and 
 income of the said mortgages stock and other personal estate 
 to be received and paid over by the said trustees to the said 
 C D for her sole and separate use or to such person or persons 
 as she may from time to time and not by way of anticipation 
 by any writing under her hand direct and appoint the said 
 trustees and the survivor of them and the heirs of such sur- 
 vivor being hereby also empowered to unite in and efl'ect any 
 partition or partitions sale or sales of the real estate alore- 
 said which now is undivided or any part or parts thereof with 
 the other parties interested ia the same and to sell and con-
 
 20 DEEDS OF TRUST. 
 
 vey in fee simple the share or shares allodnent or allotments 
 ofher the said C D of and in the same and also to sell and 
 convey in fee simple all other the real estate aforesaid whereof 
 the said C 1) now is sole seised as aforesaid and to invest the 
 proceeds of all and every such sale and sales in the names of 
 the said trustees in niort^jages groundrents funded debt of the 
 United States or of any State or city capital stock of any bank 
 or other incorporated company such as she the said C D in 
 vritin"- under her hand shall or may direct and appoint under 
 the same trusts as are herein declared the interest or dividends 
 thereof to be paid to the said C D for her sole and separate 
 use or to her order as aforesaid and to re-invest the principal 
 when paid oft' from time to time in the names of the said trus- 
 tees upon the same trusts and conditions and in like manner 
 as aforesaid and as for and concerning the mortgage securi- 
 ties and bank stock herein before mentioned held as well in 
 the name of the said C 1) as also in the name of the said E F 
 in trust for the said C D it is hereby declared to be lier inten- 
 tion and desire that these securities shall be and remain under 
 the same trusts that are herein declared until the same be 
 sold or paid oft' the dividends and interest thereof in the mean 
 time to be paid to the said C 1) for her sole and separate use 
 or to her order as aforesaid and that when the same shall be 
 paid oft" then the said trustees shall re-invest the principal in 
 the names of the said trustees and upon the trusts herein de- 
 clared in funded debt of the United States or of any State or 
 city capital stock of any bank or other incorporated company 
 such as the said C D by writing under her hand shall or may 
 direct and appoint and in like manner to make alterations or 
 chanties or re-investments of the said stock from time to time 
 upon the same trusts and conditions as may be deemed neces- 
 sary or adviseable and from and immediately after the death 
 of the said C D then in trust to and for such person or per- 
 sons and for such estate or estates and interests as she the 
 said C 1) by any instrument in the nature of a last will and 
 testament shall direct linut and appoint and for want of such 
 last will or appointment then in trust for such of the children 
 of the said C D to be hereafter born as shall be living at her 
 death and the issue of such as may be then deceased their 
 heirs executors administrators and assigns for ever in equal 
 shares as tenants in common so always however that such issue 
 of deceased children if any shall take equally among them 
 that part and share only which his her or their parent would have 
 taken if living and for want of such last will or appointment 
 and of such children and issue of such deceased children then 
 in trust to and for the right heirs of her the said C D accord- 
 ing- to the laws of Pennsylvania and in like manner as if all 
 and every part of the said trust estates were real estate at the 
 time of her decease
 
 DEEDS OP TRUST. 21 
 
 And the saifl A R for himself his Iieirs executors adminis- 
 trators and asti<rns dotli hereby covenant promise and a^ree to 
 and with tlie said K F and G II and (lie survivor (djhem and the 
 heirs executors and administrators of such survivor in manner 
 following that is to say that notwithstanding the saiil intended 
 marriage shall take eHort he the said A R his execuKirs a<lmi- 
 nistrators or assigns shall not a-nd will not intermeddle with or 
 have any right or title property or interest in law or equity in 
 or to the messuages lots lands tenements hereditaments and 
 real estate hereby granted and conveyed or in or to any part or 
 parcel thereof or the rents issues and profits thereof or any 
 part or parcel thereof or iti or to the mortgage debts and stock 
 and other personal estate hereby assigned but that the same 
 and every part and parcel thereof shall be and remain under 
 and subject to the uses trusts limitations and conditions herein 
 before mentioned declared and provided and shall always be 
 deemed taken and adjudged as a separate and distinct estate 
 apart and separate from the estate of him the said A B and 
 shall not in any event be subject or liable to him or to the pay- 
 ment of anv of his debts present or future and further that he 
 the said Ali sliall and will permit and sutler the said C 1) 
 after the said intended marriage shall take eftect to make a 
 last will and testament or other writing in the nature of a last 
 will and testament and theieby to give devise bequeath or or- 
 der all her said separate estate real and personal to such per- 
 son or persons and for such estate or estates and interests and 
 subject to such conditions and limitations and in such man- 
 ner and form as she shall think fit and to nominate and ap- 
 point such person or persons to be the executor or executors 
 thereof as she shall think proper and that he shall and will 
 permit such will and testament to be duly proved by the ex- 
 ecutor or executors to be therein named and probate of such 
 will and testament to be had and taken as is usual and shall 
 and will also permit and suiler the person or persons to whom 
 the said C D shall give devise befjueath or dispose of her said 
 separate estate real and personal freely peaceably and quiutly 
 to have hold use occupy possess and enjoy the same without 
 any manner of let suit trouble molestation hindrance inter- 
 ruption or denial whatsoever by or from the said A 15 his heirs 
 executors administrators or assigns or any of them or by or 
 with his their or any of their act means consent privity or pro- 
 curement Provided always nevertheless and it is hereby fur- 
 ther declared concluded and agreed upon by and between the 
 said parties to these presents that in the event of the death of 
 the said A 13 in the life time of the saiil C U then they the 
 said E F and G H and (he survivor of them and the heirs ex- 
 ecutors and administrators of such survivor shall and will 
 thereupon grant convey assign and assure all the estates real 
 and personal hereby granted and assigned and all the proceeds
 
 fid DEEDS OP TRUSTS. 
 
 thereof unto her the said C D her heirs anil assigns to and for 
 her and their own proper and absolute use and behoof for ever 
 free and discharged of and from all manner of trust and limi- 
 tation whatever to tlie end and intent that the said C D and 
 her heirs shall in such event as aforesaid be re-invested with 
 the same as of her former estate free and discharged as afore- 
 said and as if this deed had never been made it being however 
 hereby expressly provided agreed and understood that all such 
 acts deeds conveyances matters an<l things as shall have been 
 lawfully done and performed by the said trustees under and 
 by virtue of the trusts aforesaid before the death of the said 
 A B or before his death shall have been made known to them 
 shall nevertheless be and remain good and valid in law And 
 it is hereby further agreed and underslood t'.iat it shall be law- 
 ful for the said trustees or either of them from time to time 
 to reimburse themselves or himself out of the said trust estates 
 all necessary and reasonable costs charges and expenses that 
 they or either of them shall incur sustain or be put unto by 
 reason of these presents and also a just and reasonable com- 
 pensation fer their care and trouble in and about the execution 
 of the trust aforesaid and that neither of the said trustees shall 
 be or be held liable or accountable fur the acts and deeds of 
 the other of tliem or to make good oi- account f(»r any more of 
 the said trust estate than shall actually come to his hands or 
 custody And provided also that in case of the death or re- 
 fusal to act of either of the said trustees in the lifetime of the 
 said A B then it shall be lawful for the surviving or remaining 
 trustee by and with the consent of the said C D to nominate and 
 appoint some other fit person or persons to be trustee or trustees 
 of and in the premises in the stead and place of the trustee 
 so dying or refusing to act and that upon such nomination and 
 appointment the person or persons so to be nominated and 
 appointed shall from thencefoith be jointly and equally seised 
 and concerned in the several trusts aforesaid in the same man- 
 ner and with the like ett'ect as such surviving or remaining 
 trustee and the one so dying or refusing to act would have been 
 had be not died or refused to act and so on from time to time 
 and as often as any trustee or trustees shall die or refuse to act 
 during the lifetime of the said A B such nomination and ap- 
 pointment of new trustee or trustees shall be made in manner 
 ttforesaid such new trustee or trustees hereafter to be nomi- 
 nated and appointed as aforesaid to have the right and power 
 to reimburse himself and themselves out of the trust estate 
 aforesaid all necessary and reasonable costs charges and ex- 
 penses which he or they shall incur sustain and be put unto 
 by reason of the premises and a just and reasonable compen- 
 sation for his or their care and trouble in and about the execu- 
 tien of the trusts aforesaid and each of them shall be accounta-
 
 DEEDS OF TRL'ST. 23 
 
 hie for his own acts and deeda only and nut for the acts and 
 deeds of the other or others of the said trustees 
 In witness ik,c 
 
 Anolhcr Deed of Marriage Settlement. 
 
 This Indenture tripartite made the eleventh day of July in 
 the year t)f our I^ord 18.30 between A I) widow and relict of 
 C I) late of (lie city of Philadelphia gentleman deceased of (ho 
 first part KF and G H both of tiie said city gentleujen of the 
 second part and J K of the said city merchant of the third 
 part Whereas a marriage is intended by divine permission to 
 be had and solemni/.ed between the said J K and A D And 
 whereas the said C D in and by his last will and testament ir. 
 writing bearinir date the tenth dav of June Anno Domini 1827 
 did give and devise unto his son G I) one equal and undi- 
 vided half part of his the said testator's messuage and lot of 
 ground situate &c with the appurtenances to hold to him the 
 said G 1) his heirs and assigns for ever with a proviso that if 
 he the said G D should die in his minority and without lawful 
 issue his said moiety should go with the residue of the said 
 testator's estate to the said A D to whom he devised all the 
 rest residue and remainder of his estate real aud personal 
 whatsoever and wlieresoever to hold to her the said A D her 
 heirs executors administrators and assigns for ever upon con- 
 dition that she the sairl A D for and out of the estate so devised 
 to her as aforesaid should be at the charge of the maintenance 
 and education of her said son until he should arrive at lull age 
 Now to the end and purpose that the said real estate of the 
 Raid C D may be preserved to and for the uses limited by his 
 said will and agreeably to the intention of the said A D This 
 indenture vvitnesseth that the said A D in consideration of the 
 said intended marriage and of tlie trust and confidence which 
 she hath and reposelh in the said E F and G li and also in 
 consideration of one dollar lawful money by them to her in 
 hand paid the receipt whereof she doth hereby acknowledge 
 hath granted bargained and sold aliened enfeoft'ed released 
 and conlirmed and b, these presents doth grant bargain and 
 sell alien enfeoft* release and confirm unto the said H F and 
 G H and their heirs all that her the said A D's one full e(|ual 
 and undivided moiety or half part of and in the aforesaid mes- 
 suage and lot or piece of ground situate &c and also ihe con- 
 tingent and executory remainder expectant upon the death of 
 the said G 1) without issue happening during his n;inority of 
 the other like moiety of tlie same messuage and lot of ground 
 which remainder by (he will of the said testator C D is vested 
 in the said A D and hev heirs so as to wait on the determina- 
 tion of the said G D's estate in the said moiety to take effect 
 and to be executed in the event aforesaid together with all and
 
 24 DEEDS OF TRUST. 
 
 singular the buildings and improvements ways alleys pas- 
 sages waters water courses riglits liberties privileges heredita- 
 ments and appurtenances whatsoever thereunto belonging and 
 the reversions and remainders rents issues and ])rofits of all 
 and singular the premises and all the estate right title interest 
 property claim and demand whatsoever of her the-said A D 
 either in law or equity of in and to the same To have and to 
 hold all and sidgular the said hereby granted premises with 
 the appurtenances unto the said E F and G H and the survi- 
 vor of them and the heirs and assigns of such survivor to and 
 for the only proper use and behoof of the said E F and G H 
 and the survivor of them and the heirs and assigns of such 
 survivor for ever In trust nevertheless to and for the uses and 
 purposes following that is to say to the use of the said A_D 
 her heirs and assigns until the solemnization of the said in- 
 tended marriage and from and after the solemnization thereof 
 then to and for the sole and separate use of the said A D for 
 and during the term of her natural life without being liable in 
 any way or manner whatsoever to the pa^'ment of any of the 
 debts present or future of her said intended husband and from 
 and after the decease of the said A D then with respect to the 
 moiety b}^ tbe said C D to the said A D devi-ed as aforesaid 
 to and for the only proper use and behoof of their son the said 
 G D his heirs and assigns for ever and with respect to the ex- 
 ecutory remainder of the said G D'*s moiety if the same should 
 take effect and by the death cf the said G D as aforesaid be 
 executed together in that event v>-ith the said A D's o\vii 
 moiety of the said messuage and lot with the appurtenances 
 in trust to and for such use and uses as she the said A D not- 
 withstanding her coverture by any writing in the nature of 
 a last will and testament under her hand and seal attested by two 
 or more credible witnes?es shall limit and appoint and for 
 want of such limitation or appointment then to the use of the 
 said J K (her intended husband) his heirs and assigs for ever 
 Provided always and it is hereby declared and agreed that 
 tbe true meaning and intent of these presents and of all the 
 parties hereto is that it shall and may he lawful 1o and for the 
 said A D notwithstanding her coverture at any time or times 
 hereafter b}' one or more indenture or indentures or by her 
 last will and testament in writing or by any writing in the 
 nature of a will every of them to be attested by two or more 
 credible witnesses to alter change revoke determine and make 
 void all and every or an}' the estate or estates use or uses be- 
 fore by these presents limited and appointed and that from 
 and after such alteration change revocation determination or 
 making void thereof or any part thereof then these presents 
 shall be and enure for and concerning the said premises or so 
 much thereof as whereof such alteration change revocation or 
 determination shall be had and made to such other use and 
 uses and to the use of such other person or persons and for
 
 DEEDS OF 'inUST. 2o 
 
 such estate and estates and in such sort manner and form as 
 the said A D by the same or by any otlier indenture or in- 
 dentures or by her last wiil and testament in nritinf^ or by 
 any writinj; iix the nature of a will every of them to !)c attest- 
 ed as afon;said shall declare limit and appoint and in default 
 of such limitation or appointment then to the uses intents and 
 purposes herein before by these presents mentioned expressed 
 and declared and to and for no other use intent or purpose 
 whatsoever And the said J K (tfie intended husband) for 
 himself his heirs executors and administrators doth hereby 
 covenant promise grant and agree to and with tha said K F 
 and G H their licirs executors and administrators that he the 
 said J K shall not and will not opj)ose or contest any neces- 
 sary expense to be laid out or employed for the maintenance 
 and education of the said G D agreeably to his said father's 
 will provided such expense be in good reason proportionable 
 to that residue of his said father's estate which he ilcvised and 
 bequeathed to the said A D as well for her own as for her said 
 son's supj)ort and maintenance and shall not and will not at 
 any time hereafter directly or indirectly obstruct litigate or 
 defeat the uses and estates herein before limited and declared 
 or any future revocation or change of the same or any decla- 
 ration and appointment of other uses which the said A D may 
 hereafter make either by her deed or deeds of indenture or by 
 her last will and testament in writing or by any writing in 
 the nature of a will agreeably to the tenor and the true intent 
 and meaning of these presents In witness whereof 5:c 
 (Executed by all the parties.) 
 
 Deed revoking the uses of I he foregoing Deed and declaring 
 new uses. 
 
 This Indenture made &c between A K late A D widow 
 and relict of C D late of the city of Philadelphia gentleman 
 deceased and now the wife of J K of the said city nierchunt 
 of the one part and her son G D of the said city merchant 
 now of the full age of twonty-one years and upwards of the 
 other part Whereas in and by a certain indenture tripartite 
 bearing date the eleventh day of July Anno Domini 1S30 
 made and executed by and between the said A K by her then 
 name of A D of the first part E F and G H botli of the 
 said city gentlemen of the second part and J K of the said 
 city merchant of the third part she the said A K late A D in 
 consideration of a marriage then intended to be had and solem- 
 nized between the said J K and A I) (which said intended mar- 
 riage hath since taken eflbct) and for other the considerations 
 therein mentioned did grant convey and confirm unto the said 
 E F and G II and their heirs (then proceed in reciting the fore- 
 going deed at lar^e including in the recital the power to revoke 
 in hsec verba) as in and by the said recited indenture recorded 
 
 E
 
 28 DEEDS OF TRUST. 
 
 at Philadelphia in deed book &c at large appears Now this 
 indenture witnesseth that the said A K late A D for and in con- 
 sideration of the natural love and atfection which she hath and 
 beareth for her only son the said G 1) and also of one dollar 
 lawful money to her in hand paid by her son the said G I) the 
 receipt whereof she doth hereby acknowledge hath in pursu- 
 ance of the powers and authorities to her reserved and given 
 in and by tlie said recited indenture declared limited and ap- 
 pointed and by these presents doth declnre limit and appoint 
 that the legal estate in them the said E F and G H and their 
 heirs vested in and by the said recited indenture shall hence- 
 forth operate stand and enure to and for the uses intents and 
 purposes following and no other that is to say to and for the 
 only proper use benefit and behoof of her son the said G D his 
 heirs and assigns for ever And the said A K late A D doth by 
 these presents revoke annul and destroy all former use or uses 
 by her heretofore lim/iled and appointed of and in the premises 
 aforesaid or any part thereof any thing in the before recited 
 indenture tripartite or any subsequent instrument of writing 
 to the contrary hereof in any wise notwithstanding In testi- 
 mony whereof she the said A K late A D in pursuance and by 
 virtue of the powers and authorities to her reserved and in her 
 vested as aforesaid hath hereunto set her hand and seal in the 
 presence of two credible witnesses the day and year first above 
 written. 
 Signed sealed and delivered") 
 
 in the presence of us 3 -^^ ^- C"^- ''•) 
 
 Let the execution of this be proved by one of the subscribing witnesses. 
 
 Deed of Trust of the Wife's Estate made after MarriagCy 
 upon a Separation of the Husband and Wife. 
 
 This Indenture made &c between A B of the city of Phi- 
 ladelphia Esquire and C his wife of the one part and D E and 
 F G both of the said city Esquires of the other part Whereas 
 H I of — (who was the grandmother of the said C) in and by 
 her last will and testament in writing bearing date the — day 
 of — in the year of our Lord — did give devise and bequeath 
 unto the said C her heirs and assigns for ever all that mes- 
 suage or tenement and lot or piece of ground situate &c and 
 also one full equal third part of all the rest residue and re- 
 mainder of her the said testatrix's estate real and personal 
 whatsoever and wheresoever as in and by the said recited last 
 will and testament duly proved and filed of record in the Re- 
 gister's office at Philadelphia fully appears And whereas J K 
 who was the uncle of the said C in and by his last will and 
 testament in writing lifiaring date &c duly proved and of re- 
 cord in the Register's office aforesaid did give devise and 
 bequeath one full equal fourth part of all his estate real and 
 personal unto his niece the said C her heirs executors administra- 
 tors and assigns for ever And whereas LM who was the mother
 
 D£EDS OF TttUST. 27 
 
 of the snid C lately died intestate seised of divers mcssuap^es lots 
 lands tenements hereditanncnts and real estate situate kc and 
 also possessed of and entitled to personal estate to a considera- 
 ble amount by reason wiicreof one full equal and undivided 
 fifth part of the same estate real and personal descended and 
 came to the said C as one of her heirs at law Now this Inden- 
 ture witnesseth that the said A B and C his wife as well for 
 and in consideration of one dollar lawful money unto them in 
 hand well and tndy paid by the said I) E and F G at the time 
 of the execution hereof the receipt whereof is hereb]^ acknow- 
 ledij^ed as also for divers other good and vahiablc causes and 
 considerations them thereunto especially moving have and 
 by these presents do grant bargain and sell alien enfeoff re- 
 lease and confirm assign transfer and set over unto the said 
 D E and F G their heirs executors administrators and assigns 
 all and singular the messuages lots of ground lands tenements 
 hereditaments and real estate and all and singular the monies 
 Jewells plate goods chattels and effects of wliat nature or kind 
 soever which 'she the said C B is now seised or possessed of 
 or entitled unto or which the said A B in her right is seised 
 or possessed of or entitled unto by force and virtue of the 
 above recited last wills and testaments of the said H 1 and J K 
 respectively or by descent or othenvise from her mother the 
 said L M and also all debts legacies and choses in action of 
 what nature or kind soever which she the said C or the said 
 A in right of the said C is entitled to by virtue of the wills 
 and descent aforesaid together with all and singular the rights 
 liberties privileges imnmnities hereditaments and appurte- 
 nances whatsoever to the same belonging and the reversions 
 and remainders rents issues and prolits thereof and all tlie 
 estate right title interest property claim and demand whatso- 
 ever of the said A B and C his wife and of each of them either 
 in law or equity of in to and out of the same To have and to 
 hold receive and take all and singular the said premises here- 
 by' o-ranted bargained sold and assigned with the appurte- 
 nances unto the said D E and F G their heirs executors ad- 
 ministrators and assigns to their own proper use and behoof 
 for ever Upon this sj)ecial trust and confidence and to the end 
 intent and purpose that they the said trustees and the survi- 
 vor of them and the heirs executors administrators and assigns 
 of such survivor shall be and stand seised and possessed of all 
 and singular the premises hereby granted and assigned to and 
 for the sole and' separate use benefit and behoof of the said 
 C B her heirs and assigns forever in as full and ample a man- 
 ner as if she were sole and unmarried and shall receive the 
 rents issues and profits of the said real estate and pay over the 
 same to the said C B or to her order in writing who shall not- 
 withstanding her coverture receive and dispose of the same 
 to and for her sole and separate use without the intervention 
 or control of her husband or of any person or persons claim-
 
 28 DEEDS OF TRUST. 
 
 ing under him or in his right and without i)cing subject or 
 liable in any way or manner whatever to her husband's debts 
 contracts or engagements And upon this further trust and 
 confidence that the said C B notwithstanding her coverture 
 and whether she be covert or sole shall have full power to 
 dispose of all or any part of the said premises hereby granted 
 and assigned by gift grant deed or writing in the nature of a 
 will to such person or persons and for such estate and estates 
 as she may think proper And the said trustees and the survi- 
 vor of them and the heirs or assigns of such survivor shall and 
 will do and execute all such acts matters and things in deed 
 or in law as may be necessary to carry into effect such dispo- 
 sitions so as aforesaid to bQ made by tlie said C B by virtue 
 hereof And the said A B for himself his heirs executors and 
 administrators doth hereby covenant promise grant and agree 
 to and with the said D E and F G their heirs executors and 
 administrators that it shall and may be lawful to and for the 
 said D E and F G and the survivor of them and the heirs ex-: 
 ecutors or administrators of such survivor to commence and 
 prosecute to final effect one or more actions or suits for the 
 recovery of the debts legacies and choses in action hereby as- 
 signed and for that purpose to use the name of the said A B 
 and C his wife or either of them as occasion may require and 
 that he or they shall not and will not in any manner with- 
 draw release discontinue or directly or indirectly impede the 
 progress of the said suit or suits and that he the said A B shall 
 and will ratify and confirm all dispositions to be made by the 
 said C B by virtue hereof b}^ deed grant or writing in nature 
 of a will or otherwise howsoever In witness &c* 
 
 * This form was suggested and approved by the Counsel of the wife, — 
 but I think it might have been improved by a more definite disposition of 
 tlie personal propert}', including the proceeds of the debts, legacies, and 
 choses in action, when recovered; and by extending to the Trustees, in 
 addition to the authority to bring actions for the recovery of the debts, leg- 
 acies, &c. the power to join with the other persons interested in the undi- 
 vided real estate in agreeing upon and making partition tliereof, or for that 
 purpose to bring actions, or to receive summons in partition, in any court of 
 competent jurisdiction, and to enter into agreements, and to give and ac- 
 cept all notices, &c. and to do all acts needful and necessary to complete 
 such pi'oceedings. 
 
 It may be proper to observe that Deeds of Trust, as well as other 
 conveyances, must be proved or acknowledged — and where the estate of 
 a femme covert is intended to be passed, an acknowledgment and sepa- 
 rate examination before the proper officer is indispensible to effect that 
 object: — and that Deeds of conveyance, made in pursuance and execution 
 of powers of appointment, must refer to the instruments in wliich such 
 powers are reserved, and should state expressly, that they are made in 
 pursuance and by virtue of such powers.
 
 RELEASE OF OUOUNDHKXT. 29 
 
 Deed of Release of Groundrent, which had been reserved to 
 the uses of a 3f(irrias(r Seltlcinent, vuulc in pursuance 
 of a proviso in the Groniulrcnt Deed. The Release by 
 Jittorney duly authorized. 
 
 This Indenture made the — day of — in the year of our 
 Lord &e between A B and C 1) of the county of — in the 
 State of New York F>squires by E F of the city of Phihidel- 
 phia in the Sbite of Pennsylvania merchant their, attorney 
 duly constituted with full power by letter of attorney under 
 the hands and seals of the said A \\ and C 1) duly executed 
 bearins; date the tenth day of January one thousand eight 
 hundred and twenty-eij^ht and recorded at Philadelphia in 
 letter of attorney book &.c of the one part and G H of the city 
 of Philadelphia aforesaiti merchant of the other part Whereas 
 the said A B and C D by their said attorney by indenture 
 bearing date the fourth day of June Anno Domini 182S did 
 
 frant convey and assure unto J K of the said city of Phila- 
 elphia merchant and to his heirs and assigns a certain lot or 
 piece of ground situate &:c (describing the lot) together with 
 the appurtenances to hold to him the said J K his heirs and 
 assigns for ever Yielding and paying therefor and thereout 
 unto the said A B and C D their heirs and assigns to and for 
 the same and like uses that are mentioned and expressed in 
 certain agreements and settlements in consideration of mar- 
 riage between the said E F and Mary his wife the yearly rent 
 or sum of two hundred dollars lawful money of the United 
 States of America in two even and equal half yearly portions 
 on the first day of the months of January and July in each 
 and every year thereafter for ever free and clear of and from 
 all deductions or abatements for or on account of any taxes 
 charges or assessments whatsoever In which said recited in- 
 denture is contained a proviso that if the said J K his heirs or 
 assigns should at any time within the space or term of seven 
 years from the date thereof well and truly pay unto the said 
 A B and C D their heirs or assigns for the uses of the settle- 
 ment and marriage contract afoiesaid the sum of three thou- 
 sand three hundred and thirty-three dollars and thirty-three 
 cents lawful money aforesaid over and besides the said yearly 
 rent thereby reserved in the mean time accruing then and 
 immediately from and after such payment the said yearly 
 rent thereby reserved should cease and become extinct for 
 ever and tlvat they the said A B and C D their heirs or assigns 
 shouUl immediately thereafter well and sullicientl}' extinguish 
 the said yearly rent accordingly and grant and release all their 
 estate and interest in the said lot or piece of ground with the 
 appurtenances unto the said J K his heirs and assigns for ever 
 as in and by the said recited indenture recorded at Philadel-
 
 so RELEASE OF GROUNDUENT. 
 
 phia in deed book G W R No — page — &c relation being 
 thereunto had may more fully and at large appear And 
 whereas the said J K and L his wife in and' by a certain in- 
 denture bearing date the tenth day of March Anno Domini 
 one thousand eight bundled and twenty-nine granted con- 
 veyed and assured the above described lot or piece of ground 
 with the messuage thereon erected and other the appurte- 
 nances unto the aforesaid G H party hereto his heirs and as- 
 signs for ever subject to the aforesaid yearly groun(h^ent as in 
 and by the said last recited indenture recorded at Philadelphia 
 in deed book G W R No — page — relation being thereunto 
 had may more fully and at large appear Now this indenture 
 witnesseth that the said A B and C D by their attorney in 
 fact the said E F duly constituted as aforesaid for and in con- 
 sideration of the sum' of — being the extinction money afore- 
 said besides the arrears of the said groundrent accrued to the 
 date hereof unto them for the uses of the settlement and mar- 
 riage agreement aforesaid well and truly paid by the said G H 
 at or before the sealing and delivery hereof the receipt where- 
 of is hereby acknowledged have remised released and for ever 
 quit-claimed and extinguished and by these presents in pur- 
 suance of the proviso contained in the said first above recited 
 indenture do remise release and for ever quit-claim and ex- 
 tinguish unto the said G H his heirs and assigns forever All 
 that the aforesaid yearly rent charge or groundrent of two 
 hundred dollars charged upon and issuing and payable for and 
 out of the above described lot or piece of ground with the 
 appurtenances and all the ways means and remedies for the 
 recovery thereof and all the rights and incidents thereunto 
 belonging And the said A B and C D by their said attorney 
 for the consideration aforesaid have and by these presents do 
 grant bargain sell release and confirm unto the said G H his 
 heirs and assigns all that the above described lot or piece of 
 ground together with the appurtenances and the reversions 
 and remainders thereof and all the estate right title interest 
 trust property claim and demand whatsoever of them the said 
 A B and C D either in law or equity of in and to the same 1 o 
 have and to hold the said described lot or piece of ground 
 hereditaments and premises hereby granted released and con- 
 firmed with the appurtenances unto the said G H his heirs 
 and assigns to and for his and their only proper use and be- 
 hoof for ever so that they the said A B and C D and their 
 heirs respectively or any or either of them or any other per- 
 son or persons lawfully claiming or to claim by from or under 
 them or any or either of them shall not at any time hereafter 
 have claim challenge or demand any right of entry rent or 
 rent charge or any estate right title or interest of in to or out 
 of the above described lot or piece of ground or any part or 
 parcel thereof with the appurtenances but of and from all such
 
 RELEASE OF GrounDRENT. SI 
 
 claims and demands shall be utterly excluded and barred for 
 ever by virtue of these presents In witness &c* 
 
 Another Release of Groxindront. 
 
 This Indenture made &c between A B of the city of Phila- 
 delphia merchant and Ann his wife of the one paVt and C D 
 of the said city carpenter of the other part Whereas the said 
 A li in and by a certain indenture I)earin2; date the — day of 
 — granted and conveyed unto the said C D his iiei^rs and as- 
 si<:^ns all tliat certain lot or piece of ground situate &c toge- 
 ther with the appurtenances lo hold to him the said (' D his 
 heirs and assigns for ever Yielding and paying therefor and 
 thereout unto the said AB his heirs and "assigns the yearly 
 rent or sum of fifty dollars lawful silver money of the United 
 Slates of America in two even and equal half yearly portions 
 on the first day of January and July in each and cverv year 
 thereafter for ever free and clear of and from all deductions or 
 abatements for or on account of any taxes charges or assess- 
 ments whatsoever as in and by the'said recited indenture re- 
 corded at Phila(lelj)hia in deed book &c fully appears Now 
 this indenture witnesscth that the said A li and Ann his wif^ 
 for and in consideration of the sum of eight hundred dollars 
 lawful money of the United States.unto them in hand well 
 and truly paid by the said C T) at the time of the execution 
 hereof the receipt whereof is hereby acknowledged have and 
 by these presents do grant bargain sell remise release and for 
 ever quit-claim and extinguish unto the said C D his heirs 
 and assigns all that the aforesaid yearly rent charge or ground- 
 rent of fifty dollars lawful silver money aforesaid charged and 
 chargeable u])on and issuing and payable for and out of the 
 above described lot or piece of ground with the appurtenances- 
 and all right and power of entry and distress and of re-entry 
 and allfother the ways means and remedies for the recovery 
 thereof and all and singular the rights incidents and appurte- 
 nances whatsoever thereunto belonging and the reversions 
 and remainders thereof and all the estate right title interest 
 property claim and demand whatsoevtr of him the said A B 
 and Ann his wife either in law or equity as well of in and to 
 the said yearly rent charge or groundrcht hereby granted re- 
 leased and extinguished as also of in and to the above de- 
 scribed lot or piece of ground with the appurtenances for and 
 out of which the same rent is issuing and payable To have and 
 
 • Tliis Deed should be executed by the Attorney in the names of his con- 
 Btitucnts, and should have affixed as well his seal as also the seals of his 
 constituents — thus: A B (seal) 
 
 C D (seal) 
 
 By their Attorney in fact 
 
 E F " (seal) 
 
 See the Form of Ackno\vlcd£^miut for this Dcwl under the head of Aeknowledgmcnn, ^c.
 
 32 APPORTIONMENT OF ttROUNDRENT. 
 
 to hold the said yearly rent charge or groundrcnt of fifty dol- 
 lars and all other the premises hereby granted released and 
 extinguished with the rights rennedies incidents and appur- 
 tenances unto the said C D his heirs and assigns to and for 
 the only proper use and behoof of him the said C D his heirs 
 and assigns for ever And tlie said A B for himself and his 
 heirs all the aforesaid yearly rent charge or groundrent of 
 fifty dollars and all other the premises hereby granted re- 
 leased and extinguislied with the rights remedies incidents 
 and appurtenances unto the said C l) his heirs and assigns 
 against himself the said A B and his heirs and against all and 
 every other person and persons whomsoever lawfully claim- 
 ing or to claim by from or under him them or any of them 
 shall and will warrant and for ever defend by these presents 
 In witness whereof &c 
 
 If it he desired that the Release be endorsed upon the 
 Groundrent Deed, it may be made shorter; because, in such 
 case, the Groundrent Deed need not be recited. 
 
 The last preceding form is presented on two accounts. First, 
 because it often happens that it must necessarily be drawn on 
 I a separate paper or parchment; and secondly, because, with 
 but a very slight alteration, it may be adapted to the circum- 
 stance of a sale of the groundrent. This may be effected by 
 omitting the words "extinguish" or "extinguished," wher- 
 ever they occur, and substituting, in their places, the words 
 "assign" and "assigned." — The words of the grant, in the 
 case of a sale, being " have and by these presents do grant 
 " bargain and sell assign transfer and set over release convey 
 " and confirm." In all other i^espects the form is well adapted 
 to a conveyance of the groundrent to a purchaser. 
 
 Deed of Apjmrtionment of a large Grouiidrent^issuing 
 out of a large lot of ground. 
 
 This Indenture made the — day of — in the year of our 
 Lord 1830 between A B of the city of Philadelphia merchant 
 and C his wife of the one part and D E of the said city house- 
 carpenter of the other part Whereas the said A B and C his 
 wife in and by a certain indenture bearing date the — day of 
 — one thousand eight hundred and twenty-five did grant and 
 convey unto the said D E his heirs and assigns all that cer- 
 tain large lot or piece of ground situate &c together with the 
 appurtenances to hold to him the said D E his heirs and as- 
 signs for ever Yielding and paying therefor and thereout unto 
 the said A B his heirs and assigns the yearly rent or sum of 
 four hundred dollars lawful silver money of the United States 
 of America in equal half yearly portions on the first day of 
 the months of April and October in each and every )^ear there- 
 after for ever free and clear of and from all deductions or 
 abatements for or on account of any taxes charges or assess-
 
 APPORTIONMENT OF CROUXDUENT. 33 
 
 ments whatsoever as in and by the said recited indenture 
 recorded at Philadelphia in deed book — fully appears And 
 whereas the said D E havins; found by experience that it is 
 greatly detrimental and injurious to his interest that each and 
 every part of the above described lare;e lot of 2;round should 
 be subject and liable to the j)ayment of the whole of the afore- 
 said yearly fj;roundrcnt of four hundred dollars hath besought 
 and requested the said A B to apportion the said yearly 
 groundrent and to sever the same and fix the same in several 
 parts to arise respectively out of the several parts and parcels 
 of the said larfj;c lot of ground as herein after is mentioned and 
 expressed Now this indenture witnesseth that the said A B 
 and C his wife in compliance with the said request of the said 
 D E and in consideration thereof and of one dollar lawful 
 money to them in hand well and truly paid by the said D E 
 at the time of the execution hereof the receipt whereof is 
 hereby acknowledged have and by these presents do covenant 
 promise grant and agree to and with the said D E his heirs 
 and assigns that the whole of the said yearly groundrent of 
 four hundred dollars aforesaid shall from and after the date of 
 these presents be and stand severed and apportioned and that 
 the herein after described lots of ground parts and parcels of 
 the above described laige lot shall separately be liable only* 
 for such part of the said whole grouiulrent as herein after is 
 mentioned that is to say that the yearly rent of one hundred 
 dollars lawful silver money aforesaid payable in equal half 
 yearly portions on the first day of the months of April and 
 October in each and every year hereafter fur ever free and 
 clear of and from all deductions or abatements for or on ac- 
 count of any taxes charges or assessments whatsoever and no 
 more shall be charged demanded and received for and out of 
 all that lot or piece of ground part and parcel of the above do- 
 scribed large lot situate &,c (describing it) with the appurte- 
 nances'as and for its full proportion of and towards the said 
 whole yearly groundrent of four hundred dollars reserved out 
 of the whole of the said large lot of ground as aforesaid that 
 the yearly rent of one hundred dollars lawful silver money 
 aforesaid payable in equal half yearly portions on the first day 
 of the months of April and October in each and every year 
 hereafter for ever free and clear of and from all deductions 
 and abatements for or on account of any taxes charges or as- 
 sessments whatsoever and no more shall be charged demanded 
 and received for and out of all that lot or piece of ground other 
 part and parcel of the above described large lot situate &c 
 (describing it) with the appurtenances as and for its full pro- 
 portion of and towards the said whole yearly groundrent of 
 four hundred dollars reserved out of the whole of the said 
 large lot of ground as aforesaid That the yearly rent of one 
 
 F
 
 34 APPOUTIOJTMEKT OF GROUNDHENT. 
 
 hundred dollars lawful silver money aforesaid payable in equal 
 half yearly portions on the first day of tlie months of April 
 and October in each and every year hereafter for ever free 
 and clear of and from all deductions or abatements for or on 
 account of any taxes charges or assessments whatsoever and 
 no more sltall be charged demanded and received for and out 
 of all that lot or piece of ground other part and parcel of the 
 above described large lot situate &c (describing it) with the 
 appurtenances as and for its full proportion of and towards the 
 said whole yearly groundrent of four hundred dollars reserved 
 out of the whole of the said large lot of ground as aforesaid 
 and that the yearly rent of one hundred dollars lawful silver 
 money aforesaid payable in equal half yearly portions on the 
 first day of the months of April and October in each and every 
 year hereafter for ever free and clear of and from all deduc- 
 tions and abatements for or on account of any taxes charges 
 or assessments whatsoever and no more shall be charged de- 
 manded and received for and out of all that lot or piece of 
 ground other part and parcel and the residue of the above de- 
 scribed large lot situate &.c (describing it) with the appurte- 
 nances as and for its full proportion of and towards the said 
 .whole yearly groundrent of four hundred dollars reserved out 
 of the whole of the said large lot is aforesaid So that he the 
 said A B his heirs or assigns shall not at any time hereafter 
 for ever have claim challenge or demand any right of entry 
 distress or re-entry or any other right whatever of in or to either 
 of the aforesaid last described four lots or pieces of ground 
 other than merely and solely for its own several and particu- 
 lar apportioned yearly rent aforesaid any thing in the said 
 herein above recited indenture from the said A B and C his 
 wife to the said D E contained to the contrary thereof in any 
 wise notwithstanding the first half yearly payment of the said 
 four several apportioned yearly rents respectively to be made 
 on the first day of April next ensuing the date hereof And it 
 is hereby mutually covenanted and agreed by and between the 
 said parties to these presents that if default be made in the 
 payment of any or either of the said four several apportioned 
 yearly rents on the days and times in each and every year 
 whereon the same respectively ought to be paid as aforesaid 
 then it shall be lawful for the said A B his heirs or assigns 
 with respect to the lot and lots of ground last above described 
 to and among which the whole yearly ground-rent aforesaid is 
 apportioned in manner aforesaid whose several particular and 
 apportioned yearly rent aforesaid 'shall be behind and unpaid 
 to enter into and upon such lot and lots and the buildings 
 thereon to be erected or any part thereof and levy the said ap- 
 portioned rent in arrear with costs and charges by distress 
 and sale of the goods and chattels there found in manner and 
 form that rents now are or hereafter shall be by law recovera-
 
 APPORTIONMENT OF GROUNDRENT. 35 
 
 ble and if distress sufficient to satisfy such apportioned yearly 
 rent in arrear and the costs and charges of levying the satne 
 cannot be found and taken in and upon the said htt or lots for 
 and out of which the said apportioned yearly rent in arrear is 
 hereby charged to be paid and to issue as aforesaid then it 
 shall be lawful for the said A B his heirs or assigns into and 
 upon such lot or lots and the buildings thereon to be erected 
 or any part thereof to re-enter and the same to have again re- 
 possess and enjoy as in his and their first and former estate 
 and title in the same And the said I) E for himself his heirs 
 executors and administrators doth hereby covenant promise 
 grant and agree to and with the said A B his heirs and assigns 
 that he the said D K his heirs or assigns shall and will from 
 time to time and at all times hereafter well and truly pay or 
 cause to be paid unto the said AB his heirs or assigns all the 
 said four several apportioned yearly rents aforesaid when and 
 as the same shall respectively from time to time grow due and 
 payable as aforesaid according to the true intent and mean- 
 ing of these presents and that free and clear of and from all 
 deductions or abatements for or on account of any taxes 
 charges or assessments whatsoever it being^ the express agree- 
 ment of the said parties that he the said 1) E his heirs and as- 
 signs shall over and besides the said four several apportioned 
 yearly rents aforesaid well and truly pay and discharge all 
 and singular the taxes charges rates impositions and assess- 
 ments whatsoever which by virtue of any law or ordinance 
 now in existence or hereafter to be made now are and shall 
 and may be laid imposed or assessed either on or for the said 
 four last above described lots or pieces of ground and the 
 buildings thereon to be erected or on or for the said four seve- 
 ral apportioned yearly rents hereby charged to be tliereout 
 respectively issuing as aforesaid without any allowance to be 
 made for the same Provided always nevertheless and the said 
 A B for liimsclf his heirs executors administrators and assigns 
 doth covenant promise grant and agree to and with the said 
 D E his heirs and assigns by these presents that if the said 
 D E his heirs executors administrators or assigns shall and 
 do at any time within the space of seven years from and next 
 after the first day of April next ensuing the date hereof well 
 and truly pay or make legal tender to pay to the said A B his 
 heirs or assigns the just and full sum of one thousand six 
 hundred and sixty-six dollars and sixty-seven cents lawlul 
 money aforesaid for any one of the said four several appor- 
 tioned yearly rents aforesaid over and besides all arrearages 
 of such apportioned yearly rent in the mean time to accrue or 
 at and after the same rate for all and every or any of the said 
 four several apportioned yearly rents then and immediately 
 upon such payment or legal tender so made such one or more 
 or all and every of the said four several apportioned yearly
 
 88 GROUNDRENT DEED. 
 
 rents that the said D E his heirs or assigns shall desire to have 
 extinguished shall cease and determine and the covenant for 
 payment thereof so far as respects the apportioned rent or rents 
 intended to be extinj>uished sliall be void and of none effect 
 and thereupon the said A B his heirs or assigns shall and will 
 by some proper deed or assurance in the law grant release and 
 extinguish such one or more or all and every of the said four 
 several apportioned yearly rents as it may be desired by the 
 said D E his Jieirs or assigns to have extinguisheil and all his 
 and their right claim interest and demand in or to the said lot 
 or lots of ground for and out of which the said rent or rents 
 intendeil to be extinguished has or have been apportioned to 
 be payable as aforesaid witli the appurtenances unto the said 
 D E his heirs and assigns for ever any thing herein before or 
 in the said herein above recited indenture from the said A B 
 and C his wife to the said D E contained to the contrary 
 thereof in any wise notwithstanding 
 In witness whereof &c 
 
 (To be executed, with a counterpart, by all the parties.) 
 
 Growidrent Deed. 
 
 This Indenture made the — day of — in the year of our 
 Lord one thousand eight hundred and thirty between A B of 
 the city of Philadelphia in the State of Pennsylvania gentle- 
 man and Mary his wife of the one part and C D of the said 
 city house carpenter of the other part Witnesseth that the said 
 A B and Mary his wife as w^ell for and in consideration of the 
 sum of one dollar law^ful mone}^ unto them at or before the 
 sealing and delivery hereof by the said C D well and truly- 
 paid the receipt whereof is hereby acknowledged as of the 
 payment of the yearly rent and taxes and performance of the 
 covenants and agreements herein after mentioned which on 
 the part of the sa'id C D his heirs and assigns is and are to be 
 paid and performed have granted bargained sold aliened en- 
 feoffed released and confirmed and by these presents do grant 
 bargain sell alien enfeoff release and confirm unte the said 
 C D his heirs and assigns all that certain lot or piece of ground 
 situate &c (here describe the property) [being part and parcel 
 of a large lot of ground which E F of the said city Esquire 
 and Ann his wife by indenture bearing date the — day of — 
 in the year of our Lord one thousand eight hundred and 
 twenty-five recorded in the office for recordin,^ of deeds in 
 and for the city and county of Philadelphia In deed book 
 G W R No — page — ifcc granted and conveyed unto the 
 said A B in fee] Together with the free use and privilege of 
 the aforesaid three feet wide alley leading from the northend 
 of the said hereby granted lot of ground^ into — street afore- 
 said and of ingress egress and regress into upon through along
 
 OROUNDIIRNT DEKD. ST 
 
 and out of the same alley at all times hereafter for ever in 
 common with the said A B his heirs and assio;ns owners 
 tenants and occupiers of the other lots of 2;round bounding 
 thereon Also the free and uninterrupted riijhl libertv and 
 privilege of a watercourse in upon and throuu;li the saiti alley 
 from the said hereby granted lot of ground into — street 
 aforesaid and also to lay in the said alley pipes of conduit and 
 therein to introduce the Schuylkill water from the main pipe 
 laid in the said — street into the said hereljy granted premises 
 and to maintain and keep and from time to time to repair and 
 renew the said pipes of conduit in and throughout 'the. said 
 alley as often as need be or occasion shall require without any 
 molestation or interruption whatsoever And together with all 
 and singular the buildings ways streets alleys passages waters 
 water courses rights liberties privileges hereditaments and 
 appurtenances whatsoever unto the said hereby granted pre- 
 mises belonging or in any wise appertaining and the rever- 
 sions and remainders thereof To have and to hold the said 
 described lot or piece of ground hereditaments and premises 
 hereby granted with the appurtenances 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 Yielding and paying there- 
 for and thereout unto the said A B his heirs and assigns the 
 yearly rent or sum of sixty dollars lawful silver money of the 
 tjnited States of America each dollar weighing seventeen 
 pennyweights and six grains at least in two equal half yearly 
 payments on the first day of the months of January and July 
 in every year hereafter" for ever without any deduction de- 
 falcation or abatement for or on account of any taxes charges 
 or assessments whatsoever to be assessed either on and for the 
 said hereby granted lot and the buildings thereon erected or 
 to be erected" or on and for the said yearly rent hereby and 
 thereout reserved the fn-st half yearly payment thereof to be 
 made on the first day of July one thousand eight hundred and 
 thirty-one And on default of paying the said yearly rent on 
 the days or times and in manner aforesaid it shall and may be 
 lawful for the said A B his heirs and assigns into and upon 
 the said hereby granted premises or any part thereof and into 
 the buildings thereon erected or to be erected to enter and 
 levy the rent arrear with costs and charges by distress and 
 sale of the goods and chattels there found in manner and form 
 that rents now are or hereafter shall be by law recoverable 
 But if sufficient distress cannot be found and taken upon the 
 said hereby granted premises to satisfy tlie said yearly rent 
 in arrear and the costs and charges of levying the same then 
 and in such case it shall and may be lawful for the said A B 
 his heirs and assigns into and upon the said hereby granted 
 lot and all improvements thereon wholly to re-enter and the 
 same to have again repossess and enjoy as in his and their 
 first and former estate and title in the same and as though this
 
 S8 GROUNDREXT DIED. 
 
 indenture had never been made And the said C D for him- 
 self his heirs executors administrators and assigns doth cove- 
 nant promise and agree to and with the said A B his heirs 
 and assigns by these presents that he the said C D his he.irs 
 and assigns shall and will well and truly pay or cause to be 
 paid to the said A B his heirs and assigns the aforesaid yearly 
 rent or sum of sixty dollars lawful silver money aforesaid on 
 the days and times in each and. every year for ever herein 
 before mentioned and appointed for payment thereof without 
 any deduction defalcation or abatement for or on account of 
 any iaxes charges or assessments whatsoever it being the ex- 
 press agreement of the said parties that the said C D his heirs 
 and assigns shall over and t^esides the said yearly rent hereby 
 reserved pay all taxes whatsoever that shall hereafter be laid 
 levied or assessed by virtue of any laws whatever as well on 
 the said hereby granted lot and buildings thereon erected or 
 to be erected as on the said yearly rent now charged thereon 
 without any allowance to be made for the same Also that he 
 the said C I) his heirs or assigns shall and will within twelve 
 months from the date hereof erect build and finish upon the 
 said hereby granted lot one good substantial brick dwelling 
 house of sufficient value to secure the said yearly rent hereby 
 reserved* Provided always nevertheless That if the said C D 
 his heirs or assigns shall and do at any time within seven years 
 from the date hereof pay or cause to be paid to the said A B 
 his heirs or assigns the just and full sum of one thousand dol- 
 lars lawful money aforesaid and the arrearages of the said 
 yearly rent to the time of such payment thenthe said yearly 
 rent hereby reserved shall for ever thereafter cease and be 
 extinguished and the covenant for payment thereof shall be- 
 come void and then he the said A B his heirs or assigns 
 shall and will at the proper costs and charges in the law of the 
 said C D his heirs or assigns by some proper deed or assur- 
 ance in the law to be well and sufficiently executed and ac- 
 knowledged grant release and extinguish the said yearly rent 
 hereby reserved and all his and their estate and interest in 
 and to the said lot of ground hereby granted with the appur- 
 tenances unto the said C D his heirs and assigns for ever any 
 thing herein before contained to the contrary thereof notwith- 
 standing And the said A B for himself his heirs executors and 
 administrators doth covenant promise and agree to and with the 
 said C D his heirs and assigns by these presents that he the 
 
 • If it be intended that the groundrent be irredeemable, then this pro- 
 viso must be omitted — so also, if the tenant is not to be bound to improve, 
 the covenant to build must also be omitted. 
 
 There must be a counterpart of this deed; and both the deed and its 
 counterpart must be executed and acknowledged by all the parties to it. 
 See the form of acknowledgment for husband and wife, under the head 
 of acknowledgments, &c. which is^suitably adapted to this deed; to which 
 add the insertion of the name of the tenant.
 
 DEED OP CONVEYANCE SUBJECT TO MORTGAGE. 39 
 
 said C D his heirs and assigns paying the said yearly rent and 
 taxes or extinguishing the said rent by purchase and performing 
 the covenants and agreements aforesaid shall and may at all 
 times hereafter for ever freely peaceahly and quietly have hold 
 and enjoy all and singular the premises hereby granted with the 
 appurtenances and receive and take the rents issues and profits 
 thereof without any molestation inteiTuption or eviction of 
 him the said A B or his heirs or of any other person or per- 
 sons whomsoever lawfully claiming or to claim by from or 
 under him them or any of t^iem or by or with his their or 
 any of their act means consent or procurement In witness 
 whereof the said parties have interchangeably set their hands 
 and seals hereunto Dated the day and year first above written 
 
 Sealed and delivered in the 7 
 presence of us 3 
 
 Form of a Conveyance, in which part of the purchase 
 money, to be secured by a mortgage, is expressly charged^ 
 in the conveyance, ujjon the bargained property. 
 
 Tins Indenture made &c between A li of the city of Phila- 
 delphia Esquire and C his wife of the one part and 1) E of (!»e 
 said city carpenter of the other part witnesseth that the'said 
 A B and C his wife as well for and in consiilcraiion of the sum 
 of one thousand dollars lawful money of the United Slates 
 (part of the purchase money) unto them in hand well and truly 
 paid by the said D E at or before the sealing and delivery 
 hereof the receipt whereof is hereby acknowledged as also iii 
 consideration of the further sum of two thousand dollars like 
 money (the residue of the purchase money) to be secured to 
 be paid with interest by a mortgage of the lot or piece of ground 
 herein after described to be made and given by the said D E 
 to the said A B and to be executed by the said D E at the in- 
 stant next after the execution of this indenture and fortiiwith 
 acknowledged and recorded have granted bargained and sold 
 aliened enfeoffed released and confirmed and by these presents 
 they the said A B and C his wife do grant bar;:ain and sell 
 alien enfeoff' release and confirm unto the said D E Ins heirs 
 and assigns subject to the said mortgage to be executed as 
 aforesaid All that certain lot or piece of ground situate &c 
 together also with all and singular the wavs alleys passages 
 waters water courses rights liberties privileges hereditaments 
 and appurtenances whatsoever thereunto belonging or in any 
 wise appertaining and the reversions and remainders rents 
 issues and profits thereof and all the estate riglit title interest 
 property claim and demand whatsoever of him the said A B 
 and C his wife cither in law or equity of in and to the same 
 To have and to hold the said described lot or piece of ground 
 hereditaments and premises hereby granted with the a[)purte-
 
 40 RELEASE OF DOWKR. 
 
 nances unto the said D E his heirs and assi;2;ns to and fcr the 
 onlv prapcr use and behoof of liim the said D E his heirs and 
 assio-ns lur ever subject nevertheless to and hereby expressly 
 charged and made chargeable with the payment of the afore- 
 said principal sun> of two thousand dollars and the interest to 
 accrue thereon to be secured by the said mortgage to be ex- 
 ecuted by the said D E and acknowledged and recorded as 
 aforesaid And the said A B for Ijimself his heirs executors and 
 administrators doth covenant grant aad agree to and with the 
 said D K his heirs and assigns, by these presents that he the 
 said A B and his heirs the said described lot or piece of ground 
 hereditaments and premises hereby granted with the appurte- 
 nances unto the said D E his heirs and assigns subject and 
 charged as aforesaid against himself the said A B and his heirs 
 and against all and every other person and persons whomso- 
 ever lawfully claiming or to claim by from or under him them 
 or any of them shall and will warrant and for ever defend by 
 these presents. In witness &c 
 
 Release of Dower, by Husband and Wife, the Husband 
 having previously sold and conveyed to the purchaser. 
 
 To all to whom, these presents shall come A B of — in the 
 State of New York yeoman and C his wife send greeting 
 Whereas the said A B by indenture bearing date the seventli 
 day of March last past for the consideration therein mentioned 
 hath granted bargained sold aliened enfeofted released and 
 confirmed unto D E of the city of Pliiladelphia hatter his heirs 
 and assigns all that certain messuage and lot or piece of ground 
 situate ik,c together with the appurtenances to hold to him the 
 said D E his heirs and assigns for ever And whereas it was 
 the intent of the said partii'S at the time of the contract for 
 the bargain and sale of the said preniises to the said D E that 
 the saitl C the wife of the said A B should be barred of her 
 right of dower of and in the premises in case she should sur- 
 vive her said husband but she not being at the city of Phi- 
 ladelphia at the time could not be made a party to the said 
 indenture but is nevertheless willing and desirous to carry 
 the said contract into execution Now therefore know ye that 
 Ihe said A B and C his wife for and in consideration of the 
 premises above set forth and of the further sum of one dollar 
 to them in hand paid at the time of the execution hereof the 
 receipt whereof is hereby acknowledged have remised released 
 and for ever quit-claimed and by these presents do remise re- 
 lease and for ever quit-claim unto the said D E his heirs and 
 assigns for ever all and all manner of dower and right and 
 title and claim of dower whatsoever of in and to the said mes- 
 suage and lot or piece of ground with the appurtenances which 
 may accrue to her the said C by the death of her said husband
 
 DEED FROM A CORPORATION. 41 
 
 in her lifelime so that lie the said D K his heirs and assijjns 
 shall and may have hold and enjoy the said mes^uajre and lot 
 or piece of ground and premises with th*^ appurtenances and 
 every part and parcel thereof fur ever freely and clearly ex- 
 onerated and discharged from the said right title and claim of 
 dower as luilv as if she the said C had heen a party to the said 
 above recited indenture and had execiiteil and in due form of 
 law acknowledged the same and so that neither she the said (' 
 nor any person or persons for her or in her name any manner of 
 dower or writ or action of dower or any other right title claim 
 or demand of in or to the said premises or any part fhereof at 
 any time hereafter shall or may have claim challenge demand 
 or prosecute against the said D E his heiis and assigns or any 
 of them but of and from the same shall be utterly barred and 
 for ever excluded by these presents In witness whereof the 
 said A B and C his wife have hereunto set their hands and 
 seals the — day of — ike 
 
 Deed from a Corporation, and proof of its Execution. 
 
 This Indenture made the — day of — in the year of our 
 Lord &c between the corporation by the name st)]e and title 
 of" I'hc President Directors and Company of the Bank of the 
 " United States" of the one part and A B of the city of Phi- 
 ladelphia in the State of Pennsylvania s;entleman of the other 
 part Witnesseth that the said The president directors and com- 
 pany of the bank of tlie United States for and in consideration 
 of the sum of — lawful money of the United States unto them 
 in hand well and truly paid hy the said A B at the time of the 
 execution hereof the receipt whereof is hereby acknowledi>;'id 
 have granted bargained and sold aliened enfeolled releasefl 
 and confirmed and by these presents do grant hnrgain and 
 sell alien enfeofT release and confirm unto the said A B and 
 to his heirs and assigns All that certain brick messuage or 
 tenement and lot or piece of ground thereunto belonging 
 situate on the south side of — street between the Front and 
 Second streets from Delaware in the city of Philadelphia 
 aforesaid containing in front or hreadth on the said — street 
 — feet and in Icngtii or dej)th — feet bounded &.c [being the 
 same premises which C D of the said city merchant in and by 
 a certain indenture bearing date the — day of — one thousand 
 eight hundred and twenty recorded at Philadelj^hia in deed 
 book — No — page — &c granted and conveyed unto K F 
 of the said city merchant in fee and which G H Esq High 
 Sherifl'of the city and county of Philadelphia did sei/.e and 
 take in execution as the estate of the said E F- by virtue of 
 legal process issued out of the district court in and for the 
 city and county of Philadelphia at the suit of J K and which 
 the said Sheriff did sell and bv deed-poll under his hand and 
 
 G
 
 42 DEED FROM A CORPORATION; 
 
 seal duly executed bearing date the — day of — one thousand 
 eight hundred and twenty-five acknowledged in open district 
 court aforesaid and entered amongst the records of the said 
 court in Sheriflf's deed book C page &c did grant convey and 
 confirm unto the said The president directors and company of 
 the bank of the United States their successors and assigns for 
 ever] Together also with all and singular the buildings im- 
 provements ways alleys passages waters water courses rights 
 liberties privileges hereditaments and appurtenances whatso- 
 ever thereunto belonging or in any wise appertaining and the 
 reversions and remainders rents issues and profits thereof and 
 all the estate right title interest property claim and demand 
 whatsoever of them the said The president directors and com- 
 pany of the bank of the United States either in law or equity 
 of in and to the same To have and to hold the said messuage 
 or tenement and lot or piece of ground above described here- 
 ditaments and premises hereby granted bargained and sold or 
 mentioned or intended so to be with the appurtenances unto 
 the said A B his heirs and assigns to and for the only proper 
 use and behoof of him the said A B his heirs and assigns for 
 ever And the said The president directors and company of 
 the bank of the United States for themselves and their suc- 
 cessors do hereby covenant grant and agree to and with the 
 said A B his heirs and assigns that they the said The president 
 directors and company of the bank of the United States and 
 their successors all and singular the said hereby granted pre- 
 mises with the appurtenances unto the said A B his heii-s and 
 assigns against them tlie said The president directors and com- 
 pany of the bank of the United States and their successors and 
 against all and every other person and persons whomsoever 
 lawfully claiming or to claim by from or under them or any 
 or either of them shall and will warrant and for ever defend 
 by these presents In testimony whereof the said The presi- 
 dent directors and company of the bank of the United States 
 have hereunto affixed the common seal of their said corpora- 
 tion at Pliiladelphia the daj^ and year first above written 
 Quod attestor C seal of. the 7 
 
 N B President (.corporation. 3 
 
 Received the day of the date of the above written indenture 
 of the above named A B the sum of— being the full consi- 
 deration money above mentioned for the president directors 
 and company of the bank of the United States. 
 Witnesses present 
 
 Wm J M Cashier 
 
 City of Philadelphia, ss. 
 
 Be it remembered that on the — day of — in the year of 
 our Lord one thousand eight hundred and thirty before me 
 B W R Esquire mayor of the said city personally appeared 
 N B Esquire president of the at)ove namdd corporation and
 
 being duly sworn deposelh and sailh that he was personally 
 present at the execution of the above written indenture or 
 deed of conveyance and saw the common seal of the said cor- 
 poration of the president directors and company of the bank 
 of the United States duly affixed thereto and that the seal so 
 affixed thereto is the common and corporate seal of the said 
 The president directors and company otthe bank of the United 
 States and that the above written indenture or deed of con- 
 veyance was duly sealed and delivered by and as and for the 
 act and deed of the said The j)resident directors and company 
 of the bank of the United States for the uses and purposes 
 therein mentioned and that the name of this deponent sub- 
 scribed to the said deed as president of the said corporation 
 in attestation of the due execution and delivery of the said 
 deed is of this dc[)onent's own proper and respective hand- 
 writing* N B 
 
 Sworn and subscribed the day and'^ 
 year aforesaid before me witness ^ 
 my hand and seal j 
 
 BWRMayor (l.s.) 
 
 Eelcase under the Mechanic's Lien Law. 
 
 Know all men that wc the subscribers for and in considera- 
 tion of the sum of one dollar a piece lawful money to us in 
 hand paid b}' J M of the city of Philadelphia niercliant the 
 receipt whereof is hereby acknowledged and also for divers 
 other good and valuable causes and considerations us there- 
 unto moving have and each ami every of us hath remised re- 
 leased and forever quit-claimed and by these presents for 
 ourselves severally and for our several and respective heirs 
 executors administrators partners and assigns do and each 
 and every of us doth remise release and forever qujt-claim 
 unto the said J M his heirs executors administrators and as- 
 signs all and all manner of action and actions suit and suits 
 debts dues duties reckonings acccounts sum and sums of 
 money liens claims damages and demands whatsoever which 
 against the said J M or against a certain three story brick 
 
 • A Corporation is an imaginary being; a creature of law, which cannot 
 act otherwise than as prescribed i)"y law. Its Deeds are autlienticated by its 
 common seal, and that seal must be proved. It is one of those public mat- 
 ters of which individuals are bound to take notice. It is not necessary that 
 the affixing of the seal must be proved by a witness who was present and 
 saw it done. — But tlie seal itself, tliat is, the impression must be proved by 
 some person who knows tlie device, motto, &c. Per Chf Justice Tilghman 
 in the case of Leazure v. Hillcgas, 7 Scrg. St. Rawle, p. 313. See also 10 
 Jolms. R.381, and Peak's Law of Evidence, 48 note and 72. 
 
 In grants made to Corporations, the word " Successors," must be used 
 instead of "heirs," when it is imcndcd to pass a fee simple.
 
 44 RELEASES. 
 
 house and two story kitchen and wash-house and other the 
 buildings and improvements erected built and made upon his 
 lot of ground situate &,c or any psirt or parcel thereof we or 
 any or either of us ever had now have or which we or any or 
 either of us our (»r any or either of our heirs executors admi- 
 nistrators partners or assigns shall or may have claim challenge 
 or demand for or by reason of any work workmansliip or labor 
 done or materials of any kind found and provided or furnished 
 for or in the erecting and constructing of the said house kitchen 
 wash-house and other buildings and improvements aforesaid 
 or any part thereof or for or by reason of any act matter cause 
 or thing whatsoever thereto in any wise relating In witness 
 whereof we have hereunto set our hands and seals &c. 
 
 Another form of Release of Mechanic's Liens, lohere the 
 personal liability of the owner is accepted instead of the 
 Liens. 
 
 Know all men that we the subscribers in considero.tion of 
 one dollar a piece to us in hand paid by J M of the city of 
 Philadelphia merchant at the time of the execution hereof the 
 receipt whereof is hereby acknowledged and for other good 
 and valuable causes and considerations us thereunto moving 
 have and hereby do for ourselves our heirs executors adminis- 
 trators partners"' and assigns respectively remise release and 
 for ever quit-claim unto the said J M his heirs executors ad- 
 ministrators and assigns all and all manner of actions suits 
 liens claims right estate title interest and demand whatsoever 
 which we respectively have or may or can have in any way 
 in to or against a certain three storied brick house &c (de- 
 scribing the situation) more especially by virtue of the law or 
 laws of Pennsylvania passed for securing to mechanics and 
 others payment for their work and for the labor and rnaterials 
 found and provided or furnished for or in the et;ecting aiid 
 constructing of any house or other building within the said 
 city &c we being content to relv on the personal responsi- 
 bility of the said J M for any claim or claims that we respec- 
 tively have In witness whereof &.c 
 
 Release from the Lien of Judgments endorsed on the Deed 
 convey i7ig the jjroperty bound thereby to a jmrchaser. 
 
 Whereas there are certain judgments confessed and entered 
 or being on the docket of the supreme court for the eastern 
 district' of Pennsylvania in favour of A B against C D which 
 judgments are liens on and do bind the real estate holden by 
 the said C D at the time they were confessed or entered And 
 whereas the property described and conveyed in and by the 
 within written indenture was holden by the said C D at the 
 time when the said judgments were confessed or entered and
 
 WILLS. 45 
 
 the said A B is desirous of discharging the said property with- 
 in described from all lien or obhgation from the said judp;- 
 menls arisin^r Now it is hereby witnessed that the said A B 
 at the instance of the o;rantors within named and in considera- 
 tion of one dollar to him paid by E F the j^rantee within 
 named at the time of the execution hereof the receipt whereof 
 is hereby acknowledged hath granted released and confirmed 
 quit-claimed and for ever dischar^^ed and by these presents 
 doth grant release and confirm quit-claim and for ever dis- 
 charge unto the said E F his heirs and assigns all and all man- 
 ner of lien obligation right title interest property daim and 
 demand whatsoever which he the said A ii hath or may have 
 by reason of the said judgments or any other judgments in his 
 favour against the said C D on in or to the property lands 
 tenements and hereditaments in the within written indenture 
 described set forth and granted In witness whereof the said 
 A B hath hereunto set his hand and seal the — day of — &c. 
 
 Another Release from the Lien of a Judgment. 
 
 Whereas J D of the city of Philadelphia has obtained a 
 judgment in the district court for the city and county of Phi- 
 ladelphia against A C of the city of Philadcl])hia carpenter for 
 the sum of eight hundred dollars besides costs which judg- 
 ment now remains a lien on all the real estate of the said A C 
 within the city and county aforesaid And whereas the said 
 A C hath requested that all those brick messuages or tene- 
 ments and lot and lots of ground situate Sic (conveyed to him 
 by E F and wife) should be exonerated and discharged from 
 the lien and operation of the judgment aforesaid Now know 
 ye that the said J D favouring the request of the said A C 
 and in consideration of one dollar lawful money unto him at 
 the execution hereof by the said A C well and truly paid the 
 receipt whereof is hereby acknowledged hath and hereby 
 doth exonerate and discharge the above described messuages 
 or tenements and lot and lots of ground and premises afore- 
 said with the appurtenances of and from the lien and obliga- 
 tion of the said judgment and of and from all suits actions 
 process executions costs damages and demands whatsoever 
 for or on account or by reason of the same Provided however 
 that nothing herein contained shall be construed so as to im- 
 pair the operation of the said judgment against the said A C 
 and his estates other tlian against the messuages or tenements 
 and lot and lots of ground herein before expressly mentioned 
 and described In \vitness whereof the said J 1) hath here- 
 unto set his hand and seal the — day of — &,c 
 
 JVill containing trusts of Legacies, and providing for 
 their increase for the benefit of minor children^ Src. 
 
 Be it remembered that I A B of the city of Philadelphia in
 
 46 WILLS. 
 
 the State of Pennsylvania merchant being of sound mind and 
 memory do make and ordain tliis my last will and testament 
 in manner and form following that is to say As for and con- 
 cerning all my temporal estate I do hereby dispose of the 
 same as followeth viz First I will that my just debts and fune- 
 ral expenccs be duly paid and discharged 
 
 Item 1 give and bequeath unto my two brothers C B and 
 D B and the survivor of them and the executors and adminis- 
 trators of such survivor the sum of thirty thousand dollars 
 lawful money of the United States of America to be paid to 
 them within six months after my decease In trust neverthe- 
 less that they the said C B and D B or the survivor of them 
 or the executors or administrators of such survivor shall and 
 will as soon as they conveniently can after receiving the said 
 legacy invest the same in good and secure mortgages of real 
 estate bearing interest payable at least half yearly or in city 
 stocks of any or either or all of the cities of New York Plii- 
 ladelphia or Baltimore or in the funded debt of the United 
 States or of any State or in the capital stock of any incorpo- 
 rated bank or banks or other incorporated company or in any 
 or either or all of these modes of investment as they my said 
 trustees in their discretion shall or may think proper and most 
 beneficial and take such mortgages and transfers of stocks and 
 debt and all the evidences and securities thereof to them and 
 in their names as such trustees aforesaid and hold the same in 
 trust for the uses and purposes herein after mentioned and 
 appointed that is to say Upon special trust and confidence that 
 they the said C B and" D B or the survivor of them or the ex- 
 ecutors or administrators of such survivor shall and will from 
 time to time receive and take the interest income dividends 
 and produce of the investments so to be made as aforesaid as 
 the same shall from time to time accrue and grow due and 
 payable and shall and will appropriate and apply so much of 
 the said interest income dividends and produce as shall be 
 necessary for that purpose to the comfortable maintenance 
 support and education of my daughter E B for the first year 
 after my decease and then and thereupon without loss of time 
 to invest the surplus of the said interest income dividends and 
 produce in such like securities as aforesaid which will then 
 become a new and further principal yielding interest and to 
 continue from time to time to receive the interest income di- 
 vidends and produce of tlie investments of the said legacy and 
 also of the said increase thereof as the same shall from time to 
 time accrue and grow due and payable and after appropriat- 
 ing and applying so much of the said interest income divi- 
 dends and produce as shall be necessary for the comfortable 
 maintenance support and education of my said daughter E B 
 for the second year after my decease then again to invest the 
 surplus of the said interest "income dividends and produce in
 
 WILLS. 47 
 
 such like securities as aforesaid vvhicli will tjicn also, become 
 a new and further j)rincipal yielding interest and so to con- 
 tinue from time to time to receive the interest income divi- 
 dends and produce of the investments of the said legacy of 
 thirty thonsand dollars and also of the several increases thereof 
 as aforesaid as the same shall from time to time accrue and 
 grow due and payalde and after aj)piopriating and applying 
 so nuich of the said interest income dividends and ])roduce as 
 shall he necessary for the comfortable maintenance support 
 and education of my said daughter E h for the third year 
 after my decease then again to invest the surplus of the said 
 interest income dividends and produce in such like securities 
 as aforesaid which will then also become a new and fui-lher 
 principal yielding interest and so to continue on from time to 
 time to receive and api)ly the interest and income in like man- 
 ner as aforesaid and from time to time to invest the surplus of 
 the interest and income of the said legacy and of the respec- 
 tive investments aforesaid and of each and every futnre and 
 successive investment in such like sccuiities as aforesaid year- 
 ly and every year until she my said daughter K B shall attai|i 
 the age of twenty-one years It being my will and niea'ning 
 that in each and every year until my said daughter E 15 shall 
 attain the said age of twenty-one years only so nuich of the 
 interest and income as shall he necessary for that purpose shall 
 be from time to time applied to her comfortal)le maintenance 
 support and education and that the surplus of the interest and 
 income shall yearly and every year be invested in manner 
 aforesaid so as to become an annually increasing and accumu- 
 lating capital fund j)roducing interest so that by the tinie wljon 
 my said daughter E B shall have attained the said age of 
 twenty-one years an adilition of prihci|)al by the annual series 
 of increase herein before directed will have been made to the 
 said original legacy of thirty thousand dollars and from and 
 after my said daughter F, shall have attained the said age of 
 twenty-one years' then upon this further trust and special 
 confidence that they the said C B and 1) B or the survivor of 
 them or the executors or administrators of such survivor shall 
 and will from time to time receive and take the interest and 
 income of the investments of the said legacy of thirty thou- 
 sand dollars and of each and every of the other investments 
 aforesaid and of all increase thereof as the same shall from 
 time to time accrue and grow due and payable and pay over 
 the same interest and income when and as the same shall from 
 time to time be received into the hands of her my said daugh- 
 ter E from time to time for and during all the term of her 
 natural life to and for her sole snd separate use and benefit 
 excluding therefrom any and every husband that she may 
 marry so that the same or any part thereof shall not be in 
 such husband's power or disposal or subject to his intermed- 
 dling or control or liable in any way or manner whatever to
 
 48 WILLS. 
 
 his debts contracts or engagements And in case my said 
 daughter E shall marry then her receipts for the said interest 
 and income under her own hand and in her own separate 
 name alone shall notwithstanding her coverture be as good 
 and available in law as if she had been sole and unmarried at 
 the time of signing the same And in case my said daugh- 
 ter E shall marry and afterwards die leaving a husband and 
 child or children to survive her then my said trustees shall 
 and they are hereby directed until such child or children shall 
 respectively attain the age of twenty-one years to pay over 
 to her surviving husband the interest and income of the said 
 legacy and of tlie several investments and increases aforesaid 
 to be by him applied to the express purpose of maintaining 
 supporting and educating the said child or children of my said 
 daughter E during their respective minorities And in case 
 my said daughter E shall marry and afterwards die without 
 leaving a husband but leaving a child or children to survive 
 her then my said trustees shall and they are hereby directed 
 to apply so much of the interest and income of the said legacy 
 and of the several investments and increase aforesaid as shall 
 froni time to time be necessary to the maintenance support 
 and education of such child or children of my said daughter 
 E during their respective minorities and from time to time to 
 invest the surplus of the said interest and income in such like 
 securities aforesaid and in manner aforesaid until such child 
 or children of my said daughter E shall respectively attain 
 the age of twenty-one years And upon this further trust that 
 after the death of my said daughter E and after her child or 
 children shall have respectively attained the age of twenty- 
 one years then m}' said trustees or the survivor of them or the 
 executors or administrators of such survivor shall and will 
 pay over part and divide the whole of the legacy aforesaid 
 and also the whole of the several investments and increases 
 aforesaid as well principals as interest and income to and 
 among such child or children of my said daughter E if she 
 shall marry and leave any as shall be living at her death part 
 and share alike It being however my further will that if at 
 the time of the death of my said daughter E either of her 
 children shall be dead leaving issue then such issue shall take 
 if one person solely and if several persons in equal parts the 
 share that his her or their parent would have taken if then 
 living provided always nevertheless and it is my further will 
 that if my said daughter E shall die without leaving a child 
 or children to survive her or if leaving a child or children to 
 survive her and such child or children shall all die under the 
 age of twenty-one years and without leaving lawful issue then 
 and in these cases but not otherwise all and every the said 
 legacy and investm.ents and increases aforesaid and all the 
 unapplied interest and income then accrued shall go and be 
 paid by my said trustees to my six sons namely C B, J B, R B,
 
 wij.i.ii. 49 
 
 K B, T B, andW B equally to be divided ajnongst them part 
 and share alike And if either of my saitl sons shall he then 
 dead leaving issue such issue shall take if one person solely 
 and jf several persons in ecjual parts the share that his her or 
 their father would have taken if he had heen then livin«^ 
 
 Item I i^ive and hequealh unto mv said six sons the said 
 C B, J B, il B, E B, T B, and W B the sum of twenty thou- 
 sand dollars to each of theiii provided however and I do here- 
 by order and direct authorize and empower my executors 
 herein after named and the survivors and survivor of them to 
 invest in their names in trust the six several lesjacies of twen- 
 ty-thousand dollars each herein last before bccpiealhed to my 
 said six sons respectively in t^ocd and secure mort2;a2;es of 
 real estate bearin£; interest payable at least half yearly or in 
 city stocks of any or either or all of the cities of i^cw York 
 Philadelphia or Baltimore or in the funded debt of the United 
 States or of any State or in the capital stock of any incorpo- 
 rated bank or banks or other inv.'orporate company or in any 
 or either or all of these modes of investment as they my said 
 executors in their discretion shall or may think ])roper and 
 most beneficial and I will and direct that the whole of tb.e 
 said six several legacies of twenty thousand dollars each so 
 bequeathed to my said six sons respectively and all the in- 
 vestments to be thcieof made as aforesaid shall be and be 
 considered and adjudged as one general fund for the purposes 
 herein after mentioned that is to say that my said executors 
 shall from time to time receive and take the interest and in- 
 come arising therefrom when and as the same shall accrue and 
 grow due and payable and shall and will appropriate and 
 apply so much of the said interest and income as shall be ne- 
 cessary for these purposes to the comfortable maintenance 
 support and education of my said six sons respectively during 
 their respective minorities and until they shall respectively 
 attain the age of twenty-two years and shall and will from 
 time to time invest the surplus of the said interest and income 
 in such like securities as aforesaid and so on from time to time 
 to appropriate and apply and invest as aforesaid until the 
 youngest of my said six sons shall attain the age of twenty- 
 two years provided also and I further will and direct that 
 each of my said six sons respectively on attaining his age of 
 twenty -two years shall out of the said general fund have and 
 receive his said respective legacy of twenty thousand dollars 
 And I do hereby also further will provide and direct that when 
 theyounge^t of my said six sons shall attain the age of twenty- 
 two years then after all and every of the said six several lega- 
 cies of twenty thousand dollars each and the costs charges and 
 expenses of the maintenance support and education aforesaid 
 shall have been first paid all the then reiraming surplus of 
 interest and income arising from the aid legacies and the 
 
 H
 
 50 WILLS. 
 
 investments thereof as aforesaid together with the same invest- 
 ments and increases shall he equally divided amongst my said 
 six sons part and share alike And in case either of my said 
 six sons shall die leaving issue before his respective legacy 
 shall become due and be paid then such issue shall take if one 
 person solely and if several persons in equal parts the legacy 
 and all the ])enefit and increase thereof that his her or their 
 father would have taken if such father had survived to be- 
 come entitled to and receive the same 
 
 Item A.S for and concerning all the rest residue and re- 
 mainder of my estate not herein before otherwise disposed of 
 it is my will that the same shall from time to time be added 
 together and shall with all the increase thereof constitute one 
 entire fund to be improved and increased in manner as di- 
 rected with respect to the preceding bequests until my young- 
 est son shall attain the age of twenty-two years And I do 
 hereby order and direct authorize and empower my executors 
 herein after named and the survivors and survivor of them to 
 make the same an accumulating fund to be called the residuary 
 fund by investing the same and all its future increase as it 
 shall from time to time arise and accrue and be received in 
 such like securities and in manner aforesaid and so continue 
 to invest in manner aforesaid all the proceeds and interest and 
 income thereof from time to time until my eldest son shall 
 attain the age of twenty-two years and when my eldest son 
 shall attain the said age of twenty-two years then I will and 
 direct that he shall have and receive one sixth part of the in- 
 terest and income annually arising from the said residuary 
 fund for and during the terra of his natural life to and for his 
 absolute use and ithe should die leaving a widow then from 
 and after his decease his widow shall have and receive the 
 said one sixth part of the interest and income annually arising 
 from the said residuary fund for and during the then remain- 
 der of her natural life to her absolute use And I do further 
 provide will and. direct that each of my said sons in succes- 
 sion as he attains the age of twenty-two years shall in like 
 manner have and receive one sixth part of the interest and 
 income annually arising from the said residuary fund for and 
 during the term of his natural life to and for his absolute use 
 and in case either of them should die leaving a widow then 
 from and after his decease his widow shall have and receive 
 the said one sixth part of the interest and income annually 
 arising from the said residuary fund for and during the then 
 remainder of her natural life to her absolute use And in case 
 of the death of either of my said sons leaving a widow and a 
 child or children then after the death of his widow such child 
 or children shall have and take equally amongst them one 
 sixth part of the principal of the said residuary fund and of 
 the interest that may then be accrued thereon And in case 
 of the death of either of my sons leaving no widow but leaving
 
 WILLS. 51 
 
 a child or children then from and after his decease such child 
 or children shall have and take equally amongst them one sixth 
 part of the principal of the said residuary fund and of the in- 
 terest that may then be accrued thereon And in case either of 
 my said sons shall die without leaving a widow or child or 
 children livinp; at his death or if leaving no widow but a child 
 or children and such ciiild or children shall die under age and 
 without issue then and in each and every of these cases one 
 sixth part of the principal of the said residuary fund and of 
 the interest that may then be accrued thereon sliall go and be 
 paid to and be equally divided amongst my other surviving 
 sons part and share alike 
 
 Provided also that if any mortgage or mortgages stocks or 
 other securities in which any mtniies shall be invested under 
 the directions of this my will shall be paid oft" then the monies 
 thence arising shall again as soon as it can be done be re-in- 
 vested in such like securities as aforesaid and so on from time 
 to time whenever and as often as any such mortgage or mort- 
 gages stocks or other securities aforesaid shall be paid off to 
 the end and intent tliat this my will may be carried into full 
 effect according to the tenor and true meanina; thereof And 
 in correspondence with this object 1 do hereby further provide 
 and do direct authorise and empower my trustees herein be- 
 fore named for my said daughter and the survivor of them and 
 the executors and administrators of such survivor so far as re- 
 spects the legacy and its increase intended for the benefit of 
 my said daughter ancj also my executors herein after named 
 and the survivors and survivor of them so far as respects the 
 legacies hereirt before intended for my said sons to sell change 
 or alter all or any of the sti>cks aforesaid and to -re-invest the 
 proceeds in such other stocks as they shall think proper in 
 their discretion and as circumstances shall in their judgment 
 call for such sale change or alteiytion so as to render the same 
 more secure or productive and so on from time to time as to 
 all investments and re-investments whenever and as often as 
 they in their discretion shall or miiy think proper and most 
 beneficial fur my estate 
 
 And it is my further will that neither of tlie trustees afore- 
 said shall be liable or accountable for any loss that nuiy arise 
 by or in consequence of any investment or re-investments to 
 be made by them respectively as aforesaid nor responsible for 
 the acts deeds receipts or payments of the other or others of 
 them but each one only separate and apart for his own respec- 
 tive acts deeds receipts and payments only and not otherwise 
 
 And provided lastly and I do hereby order ami direct^au- 
 thorize and empower my executors herein after named or such 
 and so many of them as shall take letters testamentary and 
 the survivors and survivor of them whenever and as soon as 
 they in their discretion shall think proper to bargain and sell
 
 52 WILI-5. 
 
 and absolutely dispose of all and singular my messuages lot9 
 of ground lands tenements hereditaments and real estate what- 
 soever and wheresoever u!ito any person or persons and for 
 the best price or prices tliat can be reasonably had or gotten 
 for the same either at public or private sale or sales and to 
 sign seal execute acknowledge and deliver in due form of law 
 all and every such deed or deeds conveyances and assurances 
 in the law whatsoever as shall be necessary for granting con- 
 veying and assuring the same or any part or parcel thereof and 
 the absolute fee simple and inheritance thereof or of any part 
 or parcel thereof unto the purchaser or purchasers thereof and 
 his her or their heirs an<l assigns forever and to apply the 
 monies proceeding from the said sales and the other monies 
 belonging to my estate from whateve^^ source to the payment 
 of the several legacies aforesaid and to the payment and dis- 
 charge of my just debts and also to the uses and purposes of 
 this my will But this power to my executors to sell is to be 
 by them exercised in their sound discretion with reference to 
 the real value of my several lands and tenements and with a 
 special regard to the interest of my estate and without any 
 needless sacrifice and until such sale or sales be thereof made 
 my executors shall have power to let set and demise my real 
 estate and to receive and take the rents issues and profits 
 thereof and to apply the same to the uses and purposes of this 
 my last will and testament Lastly I do hereby nominate 
 constitute and appoint my ft lends A B, C D, E F, and G H 
 all of the city of Philadelphia executors of this my last will 
 and testament And i do hereby revoke annul and make void 
 all former and other wills and testaments heretofore by me 
 made and do declare this only to be my last will and testa- 
 ment In witness whereof 1 the said A B the testator have 
 hereunto set my hand and seal the — day of — in the year 
 of our Lord &c. 
 
 (L. S.) 
 
 Signed sealed published and declared by tlie said A B "^ 
 the testator as and for his last will and testament / 
 in the presence of us who in his presence and at his /■ 
 request and in the presence of each other have here- \ 
 unto subscribed our names as witnesses -^ 
 
 t/? particular Devise in a Will. 
 
 I give and devise to my niece K H all that my messuage or 
 tenement and lot of ground situate &c together with the ap- 
 purtenances to hold to her my said niece E H her heirs and 
 assio^ns forever And it is my will that if my said niece E H 
 shall leave a child alive at the time of her death then the real 
 estate herein before given to my said niece E H shall go to 
 such child in fee and if my said niece E H shall leave more 
 children than one alive at the time of her death then the real
 
 WILLS. 
 
 33 
 
 estate herein before f;iven to my saiil niece E H shall go to 
 sucii children in fee in equal puits as tenants in common And 
 if my said niece shall leave a giandchiWl or jrrandchildren 
 alive at the time of her decease, whose father or motiier the 
 child of my said niece E II shall then be dead it is my will 
 that then such grandchild or grandchildren res|)ectively shall 
 take in fee as tenants in common in equal parts if more than 
 one so much of the real estate herein Ijefore given to my said 
 niece E II as such father Or mother would have taken if alive 
 at the time of the death of my said niece E H."" 
 
 A Devise and Request to a Wife in Bar of Dower. 
 
 Item I give and devise unto my beloved wife A B the free 
 use occupation rents and income of all that my messuage or 
 tenement and tracfor parcel of land situate &,c together with 
 the appurtenances to hold to her my said beloved wife A B and 
 her assigns fur and during all the term of her natural life she 
 paying the taxes thereof anil keeping the buildings in tenanta- 
 ble repair And I do moreover give to my said wife to her 
 absolute use the sum of five thousand dollars lawful money of 
 the United States to be paid to her in six months next after 
 my decease And it is my will and meaning that the provision 
 herein before made for my said wife in manner an(l form as 
 aforesaid shall be and shall be deemed adjudged and taken to 
 be in lieu and bar of her dower or thirds or other portion of 
 and in all my estate 
 
 A short Bequest of the interest of Stock for the mainte- 
 nance and support of Wife and Children, ^'C. 
 
 I give and bequeath the interest and income of ten thousand 
 dollars six per cent stock debt of the United States in the 
 funds of the United States to A B and C D their executors 
 and administrators for the separate use of my niece E F wife 
 of T F so anil upon this express (rust and confidence that they 
 the said trustees do and shall receive the interest and income 
 to arise therefrom from and after the day of my decease and 
 apply the same to and Un- the maintenance and support of the 
 said E F and to the maintenance support and education of her 
 
 • It will be perceived that under this Devise, E H takes an estate of a 
 peculiar nature; it may be a fee, or, by possibility, only an estate for her 
 life. For, if she die without Icaviiij^ a child or children, or a g'randchild 
 or graridchildrcii, living at her death, it would be a fee, whicli siie mip^ht 
 <lcvise, or which, in case she sliould die intestate, would descend to her 
 heirs at law, under the intestate laws. Otherwise, if she die, leaving a 
 child or children, or a grandchild or grandchildren, living .it her dcatJi, 
 it would he only a life estate in her, and, upon her death, the fee would 
 pass to them according to the form of the devise.
 
 54 WILLS. 
 
 children born and <o be born And if the said stock shall be 
 paid off" then my said trustees shall re invest the proceeds in 
 such other slocks as they shall think best in iheir names in 
 trust and receive and apply the interest and income tlience to 
 arise to the like uses and purposes aforesaid and so on as often 
 as any stock held or to be held undei- this trust shall be paid 
 oft and after the death of my said niece E F then in trust to 
 pay over and divide the principal and all unapplied int(M-est 
 to and amongst all and every her cliildren born and to be born 
 that shall be alive at the time of her death in equal parts and 
 if either of her children born and to be born shall be then dead 
 leaving issue then such issue shall take in equal parts the share 
 that his her or their parent would have taken if then living 
 
 Proviso in a Will to jjrevent the lapse of a Devise or Be- 
 quest, ivhich, although not necessary since the Jict of 
 Jissembly of I9fh March, ISIO, i)i the case of a child, or 
 other lineal descendant of a Testator; yet, ivith regard 
 to collaterals and others, a proviso of this $ort is essential 
 to prevent a lapse. 
 
 Provided always and 1 do hereby direct that if any of the 
 devisees or legatees in this my vvill nan\ed shall die before me 
 then the said devises and bequests shall not lapse but in the 
 case of real estate such person and persons as shall be the 
 heirs of the devisee shall take as the devisee would have taken 
 if such devisee had survived and outlive<l me and where per- 
 sonal estate is given I direct that the same shall |)ass and go 
 to the children of the legatee and for want of a child or chil- 
 dren of the legatee then to the nest akin of such legatee in 
 ihe same manner that such legatee would have taken if such 
 leo-atee had survived and outlived me 
 
 Clause in a JVill, after the residuary Devise, providing 
 for the payment of debts due Testator, and for the mu- 
 tual payment of debts between the Children, and charg- 
 ing each one's share of the estate, with his respective 
 deot, <5'C. 
 
 And it is my mind and will that whatever sum or sums of 
 pioney I have loaned or may loan to any or either of my chil- 
 dren and which may remain unpaid at the time of my decease 
 shall be considered as part of my said residuary estate And 
 it is my further mind and will that if any or either of my chil- 
 dren shall have any just claim against any or either of the 
 others of them either for monies loaned or paid or on account 
 of any responsibilities then and in every such case I do hereby 
 charge and make chargeable the part and share of my estate 
 hereby given to or intended for such of them against whom
 
 WILLS. 55 
 
 such claim or claims may be with the payment anil discharge 
 of such debts and re?-ponsibililies 
 
 JVill recited in the Deed of Marriage Settlement at page 23. 
 
 Be it remembered that I C D of the city of Philadelphia 
 gentleman beiii;;; sick and weak in body but of sound and well 
 ilisposing mind memory and understanding do hereby make 
 and ordain my last will and testament in manner fidlowing 
 that is to say First I will that all my just debts and funeral 
 expenses be fully paid and discharged Item 1 give t<o my son 
 G 1) all my wearing apparel my watcii snufl'-box buckles but- 
 tons and other trinkets Moreover I give and devise to my 
 said son G I) one equal and undivided half part of my mes- 
 suage and lot of ground where I dwell situate &c with the 
 appurtenances to hold to him iny said son G 1) his heirs and 
 assigns forever provided that if my said son shall die in his 
 minority and without issue his said moiety shall go with the 
 residue of my estate to his mother And I give <levi>e and 
 bequeath all the rest residue and remainder of my estate real 
 and personal whatsoever unto my beloved wife A D her heirs 
 executors administrators and assign* forever provided that my 
 said wife for and out of the estate so devised to her s!u.ll be 
 at t!ie charge of the maintenance and education of mv said s<m 
 until he shall attain the age of twenty one years And I do 
 liereby nominate and appoint my said wife and my friend H J 
 executors of this my last will and testament heieby revoking 
 all former and other wills and testanients heretofore by me 
 made and declaring this only to be my last In witness whereof 
 1 the said C 1) the testator have hereunto set my iiand and 
 seal the tenth day of June in the year of our Lord one thou- 
 sand eight hundred and twenty-seven 
 
 (l. s.) 
 SigTiccl sealed publishcfl and declared by tlie said C D'^ 
 the testator as and for his last will and testament in/ 
 the jjrescnce of us who in his presence and at his re-> 
 quest and in the presence of each otlier have here-\- 
 unto subscribed our names as witnesses ^
 
 SijBtrr of Ml»n%i^ 
 
 AT JS^o. 24 ARCH STREET, 
 
 FMIXLiABXSIiFHIA. 
 
 eaUiosttt xsf J^liin'^n. 
 
 Fee simple. Ground-rent and Shtriff's Deeds, 
 on parchment, and paper of various kinds. 
 
 Mortgages, on dift'erent kinds of paper 
 
 Bond and Warrant 
 
 Do. without the Warrant 
 
 Refunding Bond 
 
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 Final Petition of Insolvents 
 
 Insolvent Notices 
 
 Discharge 
 
 Power of Attorney 
 
 Bill of Exceptions 
 
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 Lease — different forms 
 
 Bill of Sale 
 
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 1st Notice. 2d Complaint. 3d Precept. 
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 forms necessary under the new Act. 
 
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 Petition for Tavern Licence 
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 Summons, Warrant, Execution, and all other 
 forms commonly used by Magistrates 
 
 DECLARATIONS: 
 
 Commencement and Conclusion 
 
 Account stated 
 
 Money had and received 
 
 Money paid, laid out and expended 
 
 Money lent. e!rc.. 
 
 Work, labour and materials 
 
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 signments 
 
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 Indorsee v." Indorser 
 
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 Trover— for a single article, and for several ar- 
 ticles of property 
 
 MERCHANTS' BLANKS. 
 
 Seamen's Articles 
 
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 Shipper's Manifest 
 
 Coastwise Manifest, 
 
 Import Entry, with Owner's and .Agent's oaths 
 
 Export Entry, direct, 1. 2, and 3 oaths 
 
 Export Entry, coastwise, 1,2, and 3 oaths 
 
 Do. Inland, do. 
 
 Bills of Lading, 1, 2, and 3 on a sheet 
 AVest India Entry 
 
 Inward Entry, coastwise and inland 
 Transportation Entry, inland 
 Certificate of Landing 
 Entry. of Teas for long credit 
 
 Crew List 
 
 Return of passengers 
 
 Entry of Goods to be taken from C. H. stores 
 Appraisement of Goods 
 Inward Manifest 
 Report and Maniftst 
 
 Ex. Entry, inlander coastwise, 1,2, and 3 oaths 
 Outward Entry, coastwise, 1, 2, and 3 oaths 
 Ex. Entry of goods received from two districts- 
 Spirit Entry 
 
 Extract from original invoice 
 Freight List 
 Bills of Sale of Vessels 
 Entry of Goods to be deposited in C. H. stores 
 
 (Xj' The above Laxu Blanks have been carefully corrected by several of the most 
 able Attorneys in the city of Philadelphia. ■ 
 
 This Establishment being chiefly designed for the publication and sale of B Zi ii. IT K S; 
 
 all the types and other printing materials most suitable for that purpose have been provided, and 
 particular care is taken to select the best and most suitable kinds of paper, and in the execution 
 of the printing. Stationers can be supplied with any quantity of Blanks, to whom a liberal 
 deduction will be made for cash. 
 
 A. WALKER, Agt.
 
 M^.Jtiri-iiidM^^ 
 
 'mrrt^-^ mrzm. '^jr^ifc - &•■