Abbildungen der Seite
PDF
EPUB

hereby granted, which shall be then to come and unexpired, without the let, trouble, hindrance, molestation, interruption and denial of him the said A B, his heirs and assigns, and of all and every other person and persons whatsoever. And further, that he the said A B, and his heirs, and all and every other person and persons, and his and their heirs, any thing baving or claiming in the said messuage or tenement, and premises above mentioned, or any part thereof, shall and will at any time or times, after default shall be made in performance of the proviso or condition herein contained, make, do and execute, or cause or procure to be done, made and executed, all and every such further and other lawful and reasonable grants, acts and assurances in the law whatsoever, for the further, better and more perfect granting and assuring of all and singular the said premises above mentioned, with the appurtenances unto the said CD. To hold to him, his executors, administrators and assigns, for and during all the rest and residue of said term of

years above granted, which shall be then to come and unexpired, as by the said C D, his executors, administrators or assigns, or his or their Coun. sel learned in the law, shall be reasonably devised or advised and required. And lastly, it is covenanted, granted, concluded and agreed upon, by and between the said parties to these presents, and the true meaning hereof also is, and it is hereby so declared, that until default shall be made in performance of the proviso or condition herein contained, he the said A B, his heirs and assigns, shall and may hold and enjoy all and singular the said premises above mentioned, and receive and take the rents, issues and profits thereof, to his and their own proper use and benefit; any thing herein contained to the contrary thereof notwithstanding. In witness, &c.

Form of a Mortgage of Personals.

Know all men by these presents, that I, A B, of

[ocr errors]
[ocr errors]

for and in conside

ration of the sum of pounds, current money, to me in hand paid by C D, of merchant, the receipt whereof I do hereby acknowledge, have bargained, sold and delivered, and by these presents do bargain, sell and deliver, unto the said C D, [here mention the chattels.] To have and to hold the said bargained premises unto the said C D, his executors, administrators and assigns, for ever. And I, the said A B, for myself, my executors and administrators, shall and will warrant and for ever defend, against all persons, by these presents, the said bargained premises unto the said CD, his executors, administrators and assigns. Provided nevertheless, that if I the said A B, my executors, administrators and assigns, or any of us, do and shall well and truly pay, or cause to be paid, unto the said C D, his executors, administrators or assigns, the sum of pounds, on the day of next ensuing the date hereof, with lawful interest for the same, for redemption of the said bargained premises, then this Bill of Sale to be void, or else to remain in full force. In witness whereof I have hereunto set my hand and seal, the day of

OATUS, see this title in the body of the Work.

[blocks in formation]

3

his executors, administrators or assigns: To the which payment wel and truly to be made and done, bind heirs, executors, administrators, jointly and severally, firmly by these presents. Sealed with seal, and dated the

[ocr errors]

day of

heirs, executors, ad

The condition of the above obligation is such, that if the above bounden his herirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the said ministrators or assigns, the full and just sum of on or before the day of next ensuing the date hereof, with lawful interest for the same, then the above obligation to be void; otherwise to remain in full force and virtue,

9

The Common Condition of an Arbitration Bond.

The Condition, &c. That if the above bounden A B, his executors and administrators, and every of them, do and shall, for his and their part and behalf, in and by all things, well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end and determination of [or you may say, any two of them] arbitrators indifferently chosen, elected and named, as well by and on the part and behalf of the said A, as by and on the part and behalf of the above named C, to arbitrate, award, order, judge, determine, and agree, for, upon, touching and concerning all mannner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reckonings, sums of money, judgments, executions, extents, quarrels, controversies, trespasses, damages and demands whatsoever, both at law and in equity, at any time heretofore, had, moved, brought, commenced, sued, prosecuted, done, suffered, or committed, by or between the said parties, so as the award of the said arbitrators (or any two of them) be made and set down in writing, indented under their, or any two of their hands and seals, ready to be delivered to the said parties in difference, on or before, &c. then, &c.

To be added (before the words then, &c.) if there is to be an Umpire.

And if the said arbitrators shall not make their award of and concerning the premises within the time limited as aforesaid, then if the said A, his heirs, executors, and administrators, and every of them, for his and their part and behalf, do and shall well and truly stand to, observe, perform, fulfil and keep, the award, determination and umpirage of G, (being a person indifferenily named and chosen between the said parties for umpire) in and concerning the premises, so as the said umpire, do make and set down his award and umpirage in writing, indented under his hand and seal, ready to be delivered to the said parties in difference, on or before the then, &c.

To be added (after the words then, &c.) when to be made a rule of court.

And it is hereby agreed by and between the said parties, that these presents, and the submission hereby made of the said matters m controversy, shall be made a rule of the

court of

[ocr errors]

to the end the said parties in difference shall be finally concluded by the said arbitration by these presents intended, pursuant to the statute in that case provided

But if the Condition be special, say,

Whereas differences have arisen, and are depending between the above und A B, and the above named CD, concerning [here particu

Dd d

larly mention what the difference is about] (which account, and all differences and demands concerning the same) the said parties have agreed to refer to the award, judgment and determination of arbitrators,

indifferently chosen, by and between the said parties, to award, arbitrate, award and determine, concerning the same, [and if to be an umpire, say] and if they do not make the award within the time hereunder limited, then to the umpirage of such person as the said arbitrators shal) indifferently choose for umpire, as hereunder is mentioned. Now therefore the condition of this obligation is such, that if the said A B, his executors and administrators, on his or their part and behalf, shall and do in and by all things, well and truly stand to, observe, perform, fulfil and keep, the award, arbitration, judgment, final end and determination, which arbitrators as aforesaid, shall make and give upon writing, &c. [as before to the time fixed upon, and then say] in and concerning the before mentioned account and matters in difference, and all or any actions, suits, and causes of suits, debts, dues, damages, claims and demands whatever, concerning the same. And if the said arbitrators shall not, &c. [as before] then, &c.

The Form of an Iward mode by two Arbitrators. To all to whom these presents shall come, we E F, of &c. and G H, of &c. send greeting. Whereas there are several accounts depending, and divers controversies and disputes have lately arisen between A B of &c. of the one part, and C D, of &c. of the other part, touching and concerning, &c. And whereas for the putting an end to the said difference and disputes, they the said A B and C D, by their several bonds and obligations, bearing date, &c. are reciprocally bound each to the other, in the penal sum of to stand to, abide, perform and keep the award, order and final determination of us the said E F and G H, arbitrators indifferently chosen between the said parties, to arbitrate, &c. [as in the bond] so as the said award be made in writing under our hands and seals, and ready to be delivered to the parties in difference, on or before next, as by the said in part recited bonds or obligations, with the conditions there under written, may appear: Now know ye, That we the said arbitrators, whose names are hereunto subscribed and seals affixed, taking upon us the burden of the said award, and having fully examined and fully considered the proofs and allegations of both the said parties, do, for the settling amity and friendship between them, make and publish this our award, by and between the said parties, in manner fullowing: that is to say, First, we do award and order, that all actions, suits, quarrels and controversies whatsoever, had, moved, arisen or depending between the said parties in law or equity, for any manner or cause whatsoever touching the said premises, to the day of the date hereof, shall cease and be no farther prosecuted: And that each of the said parties shall bear and pay his own costs and charges, in any wise relating to or concerning the said premises. And we do also award and order, that the said A B shall pay, or cause to be paid, to the said CD, the sum of &c. within the space of, &c. And further, we do hereby award and order, that the said CD shall, on or before, &c., pay or cause to be paid to the said A B the sum of, &c. or give sufficient security for the same to the said A B. And lastly, we do award and order, that the said AB and CD, on the receipt of the several sums of, &c. shall, in due form of law, execute each to the other of them, or the other's use, general releases, sufficient in the law for the releasing by each to the other of

[ocr errors]

them, his heir executors and administrators, of all actions, suits, arrests, quarrels, controversies and demands whatsoever, touching or concerning the premises aforesaid, or any matter or thing thereunto relating, from the beginning of the world to the day of the date of, &c. [Here mention the date of the arbitration bonds] last past. In witness whereof, we hereunto set our hands and seals, the, &c. in the year, &c,

An Umpirage for want of a determination by Arbitrators chosen.

To all, &c. I, JK, of, &c. send greeting. Whereas there are seve ral accounts depending, &c. [Here go on as in the former awards, until you come to] to stand to, &c. the award and final determination of EF, of, &c. and GH of, &c. arbitrators indifferently chosen between the said parties to arbitrate, &c. [as in the conditions of the bonds] so as the said award was made in writing, under the hands and seals of the said arbitrators, and ready to be delivered to the parties in difference, on or before, &c. last past. And if the said arbitrators did not draw up the said award in writing, and deliver the same as aforesaid, on or before the said, &c. then the said parties were to stand to, abide, observe, perform and keep the award, umpirage, final end and judgment of me the said IK, umpire indifferently chosen between the said parties, for the composing and ending the differences aforesaid; so as my said award, umpirage and determination may be made in writing, under my hand and seal, and ready to be delivered to the said parties, on or before, &c. as by the said part recited bonds or obligations, with the conditions there under written, may appear: And whereas the said EF and G H did make up the said award between the said parties, within the time limited by the said part recited bonds or obligations as aforesaid; whereby and on which account, the compassing, ending and determining the said differences and matters in dispute, now depends wholly upon me: Now know ye, That I, the said I K having taken upon me the business and charge of the said award and umpirage, and being willing to set the said parties at peace and concord, by making a final end of the controversies between them; and having deliberately, and at large, heard, examined and duly considered the grievances, allegations, titles, vouchers and evidences of both the said parties, in relation to the said premises in dispute, do make, publish, declare and deliver this my award or umpirage, in manner following that is to say, First, I arbitrate, award, judge, order and determine, that, &c. [Here insert the several particulars of the award] In witness &c.

An Award or Umpirage by a single Person elected to arbitrate,

To all, &c. I, E F, of, &c. send greeting. Whereas, &c. IIere go on as in the award made by two arbitrators until you come to] to stand to, &c. the award, order and final determination of me the said E F, indifferently elected and chosen between the said parties, to arbitrate, &c. [as in the conditions of the bonds] so as my said award or umpirage be made in writing, under my hand and seal, and ready to be delivered to the said parties, on or before, &c. as in and by the said in part recited bonds or obligations, and the conditions thereof, may appear: Now know ye, that I the said EF [Here go on as in the last precedent]. In wit ness, &c

ORPHANS.

Form of Indenture of Apprenticeship.

State of North-Carolina.

1 This Indenture, made the day of

between

in the year of our Lord Chairman of the court of pleas and quarter sessions of the county of and state aforesaid, on behalf of the Justices of the said county, and their successors, of the one part, and of the other part, Witnesseth, that the said in pursuance to an order of the said county Court, made the day of and according to the directions of the act of Assembly in that case made and provided, doth put, place and bind unto the said an orphan, now of the age of years, with the said

to live after the manner of an apprentice and servant, until the said apprentice shall attain to the age of twenty-one years: During all which time the said apprentice his master shall faithfully serve, his lawful commands every where gladly obey: he shall not at any time absent himself from his said master's service without leave, but in all things as ❤ a good and faithful servant shall behave towards his said master. And the said. doth covenant, promise and agree to and with the said that he will teach and instruct, or cause to be taught and instructed, the said to learn and that he will constantly find and provide for the said apprentice, during the term aforesaid, sufficient diet, washing, lodging and apparel, fitting for an apprentice; and also all other things necessary, both in sickness and in health. In witness whereof, the par ties to these presents have interchangeably set their hands and seals, the day and year first above written.

POOR.

Warrant for removing poor Persons..

State of North Carolina, Wake County.

To A. B. one of the Constables of the said County.

in

Forasmuch as the Wardens of the Poor for the county of Wake, have complained before me, CD, one of the Justices of the Peace in and for the said county, that A B, a poor person, hath come into the said county of Wake, to inhabit and reside, from and out of the county of which the said A B hath gained a legal settlement, by being act ally re sident therein one whole year, and is likely to become chargable to the said county of Wake; and the said Wardens for the county of Wake, have made before me due proof of the premises: I do therefore command you the said Constable, to convey the said A B, from and out of the said county of Wake, and him to deliver to the Wardens of the Poor for the said county of or to some or one of them, together with a true copy of this precept, at the same time shewing to them the original. Given under my hand and seal, the in the year of our Lord C. D........ (seal)

day of

POWER OF ATTORNEY,

A General Letter of Attorney.

Know all men by these presents, That I, A B, of

for divers

>

good causes and considerations me hereunto moving, have made, ordain

« ZurückWeiter »