Albert Sidney Bolles, Ph.D., LL.D. (continued 6)

Warranty.—The law, assuming that the purchaser knows or can find out the quality and worth of things, does not make an implied warranty of them generally. The legal maxim is, "Let the purchaser beware." He must take care of himself. In many cases, though, he does obtain a warranty. He must, however, distinguish between this and a mere representation. It may be difficult to draw the line always, but it exists. A statement that is not intended as a warranty, made simply to awaken the buyer's interest in the thing for sale, is not a warranty. Nor does the law imply a warranty from the payment of a full price. Formerly, when a commodity was adulterated, it could be returned, and the courts became sorely troubled to defend an adulteration. More recently, statutes have cleared away the difficulty, and are a great protection to buyers. In many cases, doubtless, they know more about the quality and condition of the things they buy than the inexperienced salesmen who are behind the counters, so they need no protection from the law; when they do need it a warranty may serve a good purpose. In articles concerning which the seller does possess a superior knowledge, precious stones, drugs, medicines, and the like, the modern law has raised an implied warranty for the buyer's protection. In this class of cases the buyer and seller do not deal on equal terms. The vendor is professedly an expert.

In a sale of food there is no longer an implied warranty of fitness, unless the buyer expressly or by inspection acquaints the seller with the purpose of the purchase and unless it appears that the buyer relies on the seller's skill and judgment. Even then, if the buyer has examined the goods and has discovered a defect, there is no warranty. The burden of showing that he has made known his purpose and that he has relied on the seller is on the purchaser who claims the existence of an implied warranty.

There is another implied warranty, that of the seller's title, when he is in possession of the goods. This is limited to persons who are acting for themselves, and not agents, trustees, officers of the law, who are acting for others. An innocent purchaser of goods, therefore, for a good consideration obtains a good title, even from a vendee who has obtained them by fraud, as against the original vendor. This rule, though very broad, does not prevent a lawful owner from recovering his property. Thus, if a farmer's oxen were stolen and the thief should sell them as his own, and the purchaser should pay for them, nevertheless the farmer could recover them. The only exception to this rule is negotiable paper. This is made in order to surround it with greater protection.

Where goods are sold by sample there is a warranty that the goods will be like the sample, but there is no warranty of the sample itself. In one of the well-known cases hops were sold by sample, and after the hops had been delivered the discovery was made that they had been injured by heating. The buyer sued though failed to recover anything, for it was proved that they were like the sample, which had been shown several months before, and at that time the heating had not begun. As they were sold at the earlier period, their condition at the time of the delivery did not affect the sale. See Deceit; Sale.

Will.—A will is a disposition of one's property to take effect after his death. He is called a testator, and must possess a sound mind to make an effective will. He must be able to comprehend what he is doing. Wills are often contested on the ground that the testator's mind was feeble and that undue influence was exercised over him in disposing of his property. Married women can make wills like their husbands and so can a minor in many states.

All of the states have enacted statutes on the subject which require various things; one of the most important is the witnessing of wills. Generally, three witnesses are required. An eminent judge, not long since, made a will to please his wife leaving a large sum to found an institution. He was opposed to the thing. The astute judge had no witnesses, so he both fooled his wife and pleased himself, for his will was worthless. The statutes require the witnesses to sign in the testator's presence, who often give important testimony of his competency whenever his will is contested. As they may be called for this purpose, intelligence should be used in selecting persons to become witnesses. A witness who is competent at the time of signing does not become incompetent by reason of anything that may happen to him afterward. A witness should not be given anything in the will, for, if this is done, his act of witnessing in perhaps all the states violates the gift. Though this may be the consequence the rest of the will is not thereby impaired. The property given is either real or personal. Real property consists of land extending indefinitely upward and downward, every building thereon, every growing thing, likewise all minerals and in some cases even ice. Personal property includes everything of a movable nature. A transformation is often effected. A tree while standing on the land is a part thereof; cut down it becomes personal property.

A will should be in writing; and this in most states is a statutory requirement, to guard against the wrongs and frauds that might otherwise arise. A testator may write his own will, indeed to do so would be a good test of will-making capacity. If he is unable to write his name, he may make his mark. When this is done, there should be ample proof that he did so, for a mark can be so easily made by any one.

A person to whom real estate is given is called a devisee; the receiver of personal property a legatee. When the testator gives real estate he must have regard to the laws of the state where it is situated; in giving personal property he is governed by the law of the state where he resides, his domicil. Many a devise has been declared invalid, because the testator in devising it did not comply with the law of the state where the land was located.

The principal ground on which wills are attacked is feebleness of mind, lack of mental capacity. The question assumes this form: did the testator at the time he executed his will have sufficient mental capacity to do it. An eminent jurist, Chief Justice Redfield, has said that he must have undoubtedly sufficient active memory to perceive the more obvious relations of things to each other. Even if unable to manage his business, he can nevertheless make a will if he knows what he is doing.

Again an insane person may make a will provided this is done during a lucid interval. Many a person is insane only at times or on particular subjects and therefore may be competent to make a rational disposition of his property. Some persons have curious religious beliefs, prejudices against persons, governments and institutions, and yet these vagaries may not impair their capacity to dispose of their property in a legal and rational manner.

Another requirement of a testator is that he must declare in the presence of the witnesses that it is his last will and testament. This is called a publication of the will. Of course, his will must be completed when this is done. Suppose a person makes several wills, which one of them is effective? The last one. A will should be dated, suppose this has been forgotten, what then? The last will must be established, if possible, by other evidence. Suppose it is believed that the last will has been destroyed, and a prior will is found, can this be set up as establishing the testator's disposition of his property? It is not his last will, for he has made another.

Any person may be a devisee or legatee including married women, minors and corporations. If a bequest is made to a corporation not in existence, is it valid? By some courts this can be done, by others this power is denied to a testator. Many a well-meant bequest to a noble charity has been smitten down because there was no legal donee then existing to receive the gift. A testator may bequeath property to a trustee who shall select the objects of the testator's bounty.

The thing bequeathed must be described with sufficient clearness to identify it, nothing more is required. In some cases proper evidence may be used to identify things where the description in the will is ambiguous.

A devise of lands may consist of the entire estate or interest of the testator, or he may give the devisee a lesser interest in them. It is a common thing for a testator to devise the use of land to a person during his lifetime, and after his death the entire interest or fee to another. He usually adds a final or residuary clause to his will to the effect, that all he may have which has not been bequeathed to any one specifically shall be given to one or more persons or objects named in his will. Or, if a legacy shall lapse, that is, the person to whom it has been given shall die, or for any other reason cannot, or will not take it, it falls into the residuary portion and goes to the residuary legatee.

If a will does not contain such a clause, and there is no statute in the way, then a lapsed legacy or other property, not covered by the will, goes to such persons as the law has prescribed whenever persons die leaving no will, or, in legal language, die intestate.

A will takes effect from the testator's death and so does the validity of all the bequests. Thus, should a person mentioned as legatee die before the testator, the legacy would be invalid. But many or all of the states have provided by statute for the continuation of these in many cases. Thus, should a son, to whom his father has devised some land, die leaving children, they take it in place of their father. These statutes vary much, some limiting the substitution to the lineal heirs of the deceased, son, grandson, etc., others extending the substitutes to the collateral heirs of any devisee or legatee.

Again, by statute and common law a wife is entitled on the death of her husband to a specific portion of his property. Should he not give her as much by his will, unless he had made an agreement with her before marriage with respect to what she was to receive, she may renounce her rights under her husband's will and claim what the law would give her as if he had made no will.

A will can be revoked any time. The common way is to destroy it. Another way is to dispose during his lifetime of his property. In one of the cases a testator had indorsed on his will in his own handwriting "canceled." Though this was not signed, it was held to be a revocation. In another case a blind testator called for his will which was handed to him. He gave it back with the direction to put it in the fire. Instead of doing so another piece of paper was substituted and burned. This was a downright fraud, and the court justly held that the will had been revoked.

Workmen's Compensation Acts.—Who is entitled to compensation by these acts? The proper test to apply is, whether the employer possessed the power to control the other while at work at the machine or other thing from which the injury arose. Says Honnold: "In the ordinary acceptance of the term, one who is engaged to render services in a particular transaction is not an employee; the term employee embracing continuity of service and excluding those employed for a single and special transaction. It does not usually include physicians, pastors or professional nurses. It may, however, include those not engaged in manual labor, such as a school-teacher. The fact that a workman furnishes tools and materials, or undertakes to do a specified job will not prevent his being an employee. A deaconess, living and working in a hospital and receiving an annuity to cover clothing and expenses, is not an employee of the hospital," nor is an employee of a religious home for the aged who works around the house for which he is not paid any fixed amount. A director of a bank is not an employee within the meaning of the acts under consideration.

To be an employee there must be a contract of service. This is not the same thing as a contract for services. By the latter relationship one is an independent contractor and excluded from the acts. The contract of service need not be actually made, it may be implied, for example, the case of a substitute who is engaged by an employee in accordance with custom. A contract of service is not created by the relation of landlord and tenant, carrier and passenger, bailor and bailee, nor by professional service, nor by forming a partnership, nor by performing manual labor beyond the employer's control. Whether a contract of service arises from charitable work depends on the circumstances of the particular case. State employees are within these acts in some states, and excluded in others, likewise municipal employees. By the federal act the term "laborer" is used to designate men who do work that requires but little skill as distinguished from an artisan who practices an industrial art. The act includes a storekeeper, an inspector who performs no manual labor, a messenger in the government printing office, the master of a dredge, the matron of an Indian school, a transit man, a surveyor, a clerk engaged in office work, an assistant veterinarian, a laboratory assistant, a dock master.

Compensation legislation is not limited to healthy employees. One's previous physical condition is of no consequence in determining the amount of relief to be afforded. Nevertheless, it is a circumstance to be considered in ascertaining, when one has been injured, whether the injury resulted from the work or from his health.

In some of the compensation acts minors are excluded, in other acts he is protected by them. An apprentice who is qualifying himself to operate an elevator is an employee within the Minnesota Act. Many of the acts provide that the term employee shall include every person in the service of another under any contract of hire, except one whose employment is casual, or is not in the usual course of the trade, business profession or occupation of his employer.

Farm laborers are outside these acts in some states. Thus, in Massachusetts "the workmen's compensation act was not intended to confer its advantages upon farm laborers, or to impose its burdens upon farmers." But a farmer may adopt it if he desires. And any contract of insurance made by him under its terms is valid and enforceable. Such an exemption, however, does not except employees working for one who is engaged in a commercial or other non-agricultural enterprise though he be a farmer. Likewise, a farmer carrying on a market garden may procure insurance covering his drivers and helpers employed in distributing the produce of his farm without insuring other employees who are merely farm laborers. The right to compensation is determined by the character of the labor one is actually doing when the accident occurs, rather than by the fact that the employee occasionally does farm labor. Thus, plowing is usually farm labor, but if it is done to make land ready for building a house it is not. If a farmer does not avail himself of the act for all of his employees, he may procure insurance for a limited portion of them. "If there are those," says Chief Justice Rugg, "separable from others by classification and definition, whose labor is more exposed and dangerous, or whom he may desire to protect for any other reason, there is nothing in the act to prevent him from doing so."

Likewise, domestic servants are excluded by some of these acts, who are they? "A household servant is one who dwells under the same roof with the family under circumstances making him a member thereof." And his status is determined rather by his relation to the family than by his relation to the service. Thus, a workman who is hired to tend the furnace, mow the lawn, and do odd jobs about the house, who has a room therein and eats at the family table, is a household servant. On the other hand, a chauffeur who is hired by the month to run the employer's private automobile, but is not living as a member of the family, is not a household servant. In many cases, however, he is one. While it is doubtful whether the test of living in the employer's house is the sole test of household service, it is essential that he is engaged in rendering service in the house, such as cleaning, cooking or washing. On one occasion, a porter in a saloon was sent upstairs by the proprietor to wash the windows in the apartment where the proprietor lived with his family. While thus engaged he fell to the sidewalk and was injured. The court regarded him as a household servant.

Many of the acts exclude from their protection casual employees. This term is a difficult one to define, and has been omitted in many of the acts. Where this is done all employees engaged in the usual course of the trade, business, occupation, or profession of their employer, with some exceptions, receive compensation. Ordinarily, an employment is casual when it is for a single day, or by the hour, but does not apply to one who is employed to render a service that recurs with some regularity. Thus, one who is employed as a workman in a sawmill on such days as it was in operation for four months was not a casual employee. Casual employment in the Connecticut act means occasional or incidental employment. In California, if the length of employment is less than a week it is casual, even though contrary to agreement the employee took more than a week to do the work for which he was hired, and which a skillful employee could have finished within a week.

"The question whether an employment is casual must be determined with reference to the scope and purpose of the hiring rather than with sole regard to the duration and regularity of the service. One who enters into a contract of employment for an entire season is not a casual employee merely because he may be required to work for only short and irregular periods." Thus, a longshoreman who is employed at a certain sum per hour to help load a ship, having frequently rendered a similar service on other occasions, is not a casual employee; nor is one who keeps machinery and boats in order at an amusement park; nor is a boy who is called at irregular intervals for service in a butcher's shop when extra help is needed, or in the absence of a regular employee; nor is one who is employed during a packing season to drive for a packer whenever he is needed.

The compensation law does not apply to independent contractors. It is difficult, however, to draw the line in many cases. Generally, an independent contractor is one who exercises an independent employment and contracts to do a piece of work according to his own method, without being subject to the control of the employer. A test that is sometimes applied is, who has the right to direct what shall be done and when and how, and who has the right of general control. When, therefore, one exercises an independent employment, selects his own help and has the control of them, and the method of conducting the work, he is an independent contractor. Again, he may change his relation for a time, and become an employee, or he may be a contractor for a part of his service and an employee for a part. Thus, one who was injured while operating a launch to bring supplies to a dredge for his employer was an employee and not an independent contractor, though he was one in conducting the work of dredging. Likewise, a physician who is employed on a salary by another physician, who in turn is serving a manufactory, is an employee of the latter and not an independent contractor, though he is still engaged to some extent in his own private practice.

By the Federal act an employee must be "employed by the United States to be entitled to its benefits." Thus, a plate printer in the bureau of engraving and printing who is paid by the piece, and who bonds himself and hires and pays his own help, also the owner of a power boat chartered to the government and operated by the owner in its service, are contractors, and not federal employees. A workman, therefore, who is employed by a government contractor is not an employee of the government. On the other hand, one who is employed and carried on the pay rolls of the reclamation service, though working for the contractor, is employed by the government, likewise, a workman employed in the forest service who is working with others for county supervisors who, in turn, are executing a contract with the government.

As public officers are not employees within the meaning of the compensation acts, they may be distinguished from others who are employees. Unless the statute says so, a policeman is not an employee of the city which he serves, but an officer holding a public trust. On the other hand, a night policeman or marshal is an employee by the Wisconsin law. Firemen and deputy sheriffs on a fee basis are officers rather than employees.

The compensation acts secure compensation not only for injured workmen, but should they die, to their dependents. Who then is a dependent? "Dependency," says Honnold, "does not depend on an answer to the question whether the alleged dependents could support themselves without the earnings of the person who is no longer living, but whether they were in fact supported in whole or in part by such earnings intentionally by him. Occasional gifts do not prove dependency, yet purely voluntary contributions may establish dependency. Voluntary contributions of money, support or service by a brother to a sister or by a sister to a brother are not complete evidence of the dependency of either. Compensation cannot be awarded to dependents who do not belong to the classes of relatives mentioned in the statutes."

The phrase, actual dependents, means dependents in fact whether they are wholly or partially dependent. Partial dependency, giving a right to compensation may exist though the contributions are at irregular intervals and of irregular amounts, and the dependent has other means of supporting himself. An employee contributed all of his earnings to his mother who was partially dependent on him for support. Five other children contributed to the family fund. It was held that the mother was entitled to a weekly compensation equal to one half of the weekly compensation of her deceased son. A dependent who is an alien living in a foreign country is not debarred from receiving compensation. By some of the acts such compensation to nonresidents is limited to a father or mother.

Children who are entitled to compensation as dependents include stepchildren, illegitimate children, children adopted by the workman, also posthumous, legitimate and illegitimate.

The federal act provides that if the injured artisan or laborer die within the year after his injury "leaving a widow, or a child or children under sixteen years of age, or a dependent parent, they shall be entitled to compensation." The word parent, while including both parents, does not include a stepfather or a stepmother, or a foster parent who has not been legally adopted. The question of dependence is one of fact; contributions by the deceased tend to establish this, but are not conclusive. The word child or children used in the act is not limited to a child or children born in wedlock, but includes illegitimate offspring, and children legally adopted. If an injured workman dies before he has made application for or received compensation, it may be paid from the date of the injury to the date of his death, as well as for the remainder of the year to his widow or family.

The earnings of a workman are the basis for computing the amount of compensation he is to receive for an injury. These include anything that he receives for his labor that possesses a money value. In the way of illustrating more clearly what he may receive the outline of a section of the Massachusetts Act may be given. It provides what the workman may receive when his injury is partial from the insurance association which has become liable therefor. A weekly compensation equal to one half the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter; but not more than ten dollars a week, nor for a longer period than three hundred weeks from the date of the injury. Formerly, when injured, he received as compensation a sum fixed by agreement between himself and his employer; and if they could not agree, as often happened, then he sued his employer and the court decided the amount the employer must pay. These suits were often costly, long contested, and if the employee won his counsel often took such a large share as to leave a disappointing amount to the employee. On the other hand, many an employee magnified his injury, juries were usually sympathetic, especially if the employer was a corporation, and from the general dissatisfaction has been created the new system.

Having stated in the most general way what the law provides for a workman who has been injured, there remains the statement of what is done when the workman dies from his accident. The Arizona law illustrates this as well as any other. When he dies within six months thereafter and leaves a widow, and a minor child or children dependent on his earnings for support and education, then the employer must pay to the personal representative of the deceased workman for the benefit of the widow and children a sum equal to twenty-four hundred times one half of the daily wages or earnings of the deceased, not exceeding in any case more than four thousand dollars. If the employer has insured the lives of his employees in an insurance company, for which the acts quite generally provide, then of course payment of the benefits are paid by the company to those who are entitled to them.

Some of the compensation acts provide compensation for both total and partial incapacity resulting from injuries which do not prove fatal. Thus the Connecticut act provides that loss of sight, the loss or paralysis of certain physical members, and incurable imbecility or insanity, resulting from the accident shall be "considered as causing total incapacity." For these and all other injuries resulting in total incapacity to work, there must be paid to the injured employee weekly, while incapacitated, compensation equal to half of his earnings at the time of the injury, for a maximum and minimum period. Another section provides that in cases resulting in partial incapacity there must be paid to the injured employee a weekly compensation during his incapacity, equal to half the difference between his average weekly earnings before the injury and the amount he is able to earn thereafter with a maximum and minimum limitation of the amount within a limited period.

Legal Forms for Everyday Use

1

Agreement for Sale of Land

This agreement, entered into this ____ day of ________, 19__, by and between A.B. and C.D., witnesseth: That said A.B. has this day sold to C.D. the following described tract of land, to-wit: (describe) for the sum of $________, to be paid as hereinafter set forth, and upon the payment of which said A.B. agrees to convey to said C.D. the premises above described, free and clear from all incumbrances, by a deed of general warranty.

And the said C.D. agrees to pay said A.B. for said premises the sum of $________, as follows: $________ with interest at ____ per cent on the ____ day of ________, 19__;

The said A.B. agrees that said C.D. shall have immediate possession of said premises for the purpose of residence, cultivation, and improvement.

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

A.B. C.D.

2

Agreement Concerning Party Wall

This agreement, made this ____ day of ________, 19__, by and between A.B. and C.D., of the city of ________ ________, witnesseth: That, whereas, the said C.D. is the owner of the house and lot on the south side of ________ Street, second lot east of ________ Street, and the said A.B. is the owner of the lot adjoining the same next easterly thereof, on which said lot there now stands a party wall on a line parallel with ________ Street; and forty-four feet easterly from said ________ Street; and, whereas, the said A.B. has erected his dwelling-house several feet (one story) higher than the said C.D., whereby greater advantage may accrue to the said A.B. from said party wall. Now, therefore, the said C.D., in consideration of the sum of $1, to him in hand paid, the receipt whereof is hereby acknowledged, doth grant, covenant, promise, and agree with the said A.B., that he may peacefully and lawfully enjoy such party wall, to himself, his heirs, and assigns, the said C.D. reserving to himself the right to use the said portion of the party wall built by the said A.B., whenever he may wish to build higher than his house now is.

It is further mutually understood and agreed, between the respective parties, that this agreement shall remain so long as the houses last, and shall pass to the heirs and assigns of the respective parties to these presents.

Witness our hands and seals, the day and year first above written.

A.B. (L.S.) C.D. (L.S.)

3

Agreement for Building

This agreement, entered into this ____ day of ________, 19__, between A.B. and C.D. witnesseth: That the said A.B. hereby agrees with the said C.D. to erect for him on (describe land) a (dwelling-house) in conformity with the drawing and detailed specifications of one E.F., architect, the work to be performed in a substantial and workmanlike manner, and with the best materials of their respective kinds, the same to be furnished, together with all things necessary to erect and complete said building, at the cost and expense of the said A.B., payments to be made as follows: (specify terms) upon the certificate of the architect, provided that said estimates shall not at any time before the completion of said building exceed the basis of 85 per cent of the value of the work so executed.

And the said C.D. hereby agrees with said A.B. to pay to him the sum of $________ for the erection and completion of said building in the manner aforesaid, (monthly) estimates to be made by said E.F., architect, of the amount then due to said A.B. thereon, upon the presentation of which estimate said C.D. agrees to pay 85 per cent of the same, the remaining 15 per cent to be retained until the completion of said building. And on the completion of said work in the manner aforesaid to the satisfaction of said architect, and upon the presentation of his certificate to that effect, said C.D. agrees to pay said A.B. the balance remaining unpaid on said contract, including the fifteen per cent retained until the completion of the work. The said A.B. further agrees to complete said building as aforesaid and deliver the same to said C.D. on or before the ____ day of ________, 19__.

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

A.B. C.D.

4

Claim of Lien by Workman of Sub-Contractor

A.B. to C.D., Dr.

June 1st, 19__. To twenty-five days' labor at carpenter work, at $5 per day, upon the dwelling-house situated on lot B in block 350, in the city ________, ________ county, ________, which services were rendered on and before the 1st day of June, 19__, and then payable.

(Signed)C.D.

5

Agreement for Work and Labor

This agreement, entered into this ____ day of ________, 19__, by and between A.B. and C.D., witnesseth: That the said A.B. agrees faithfully to labor for C.D. for the term of (six) months from the first day of ________, 19__, at farm labor, on the farm of said C.D., in ________ county, and to perform such other services as may be reasonable and just, for which services said C.D. agrees to pay said A.B. the sum of $________ per month (on the ____ day of ________, 19__.)

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

A.B. C.D.

6

Bond to Perform a Contract

Know all men by these presents, that, we A.B., as principal, and C.D., as surety, are held and firmly bound unto E.F., in the sum of $________, for the payment of which well and truly to be made we bind ourselves jointly and severally by these presents.

Dated this ____ day of ________, 19__.

Whereas, said A.B. had, by an agreement of this date, contracted in writing with said E.F. to (here describe the contract).

Now, therefore, the condition of this obligation is such that if the said A.B. shall do and perform all the stipulations and agreements contained in said written contract then this obligation to be null and void. Otherwise to remain in full force and effect.

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

A.B. C.D.

7

Bill of Sale

Know all men by these presents, that ________, of the first part, for and in consideration of the sum of ________, lawful money of the United States, to ________ in hand paid, at or before the ensealing and delivery of these presents by ________, of the second part, the receipt whereof is hereby acknowledged, ha____ bargained and sold, and by these presents do grant and convey, unto the said part ________ of the second part, ________ executors, administrators, and assigns (description of property; or if detailed description is contained in schedule annexed, say, the goods and chattels particularly described in a schedule hereunto annexed and made a part of this instrument), to have and to hold the same unto the said part ________ of the second part, ________ executors, administrators, and assigns forever. And ________ do____ for ________ heirs, executors, administrators, covenant and agree, to and with the said part ________ of the second part, to warrant and defend the sale of the said property ________ hereby sold unto the said part ________ of the second part, ________ ________ executors, administrators, and assigns, against all and every person and persons whomsoever.

In witness whereof, ________ have hereunto set ________ hand ________ and seal ________ the ____ day of ________ in the year one thousand nine hundred and ________.

Sealed and delivered in the presence of

(Acknowledgment clause.)

8

Bill of Sale—Shorter Form

Know all men by these presents, that I ________ of the county of ________, in the state of ________, do hereby bargain, sell, and convey to said ________, the following described personal property now belonging to me, to-wit: (describe in detail). And I hereby covenant with said ________ ________, to warrant the title of said property to said ________ against the lawful claims of all persons whomsoever.

In witness whereof I have hereunto set my hand this ____ day of ________, 19__.

(Signed)

In the presence of ________

9

Warranty Deed

Know all men by these presents, that we ________, and ________, husband and wife, in consideration of the sum of $________, in hand paid, do hereby grant, bargain, sell, and convey to ________, of ________ county, ________, the following described real estate situate in the county of ________, and state of Iowa, to-wit: (describe premises), to have and to hold to his heirs and assigns forever. Together with all the tenements, hereditaments, and appurtenances thereto belonging. And we hereby covenant with said ________ that we are lawfully seized of said premises; that they are free from incumbrances; that we have good right and lawful authority to sell the same, and we covenant to warrant and defend the same against the lawful claims of all persons whomsoever. And the said ________, hereby relinquishes her right of dower in said premises.

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

In presence of __________ __________ __________

State of __________ } __________ County. }

On this ____ day of ________, 19__, before me, a justice of the peace in and for said county, personally came the above named ________, who are known to me to be the identical persons whose names are affixed to the above deed as grantors, and severally acknowledge the instrument to be their voluntary act, and deed.

In witness whereof I have hereunto set my hand the day and year above written.

A.B. Justice of the Peace.

10

Warranty Deed in Common Use in New England

Know all men by these presents, that I, (the grantor) of (residence, town or city, county and state), (occupation), in consideration of (the amount paid) to me paid by (here name the grantee or purchaser, giving in like manner his residence and occupation), the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said (name the grantee, and then describe the premises granted, minutely and accurately):—

To have and to hold the above-granted premises, to the said (name the grantee), his (hers or their) heirs and assigns, to his (or her or their) use and behoof forever. And then, the said (name the grantor), for (myself) and (my) heirs, executors, and administrators, do covenant with the said (name of the grantee), and with his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all incumbrances (if there be any incumbrances, as a mortgage or lien, or right of way, or drain, or air, or light, say excepting, and then describe the incumbrance), that I have good right to sell and convey the same to the said (name of the grantee), and his (or her) heirs and assigns forever as aforesaid; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said (name of the grantee), and his heirs and assigns forever, against the lawful claims and demands of all persons.

In witness whereof, I the said (name of the grantor) and (name of his wife), wife of said grantor, in token of her release of all right and title of or to dower in the granted premises, have hereunto set our hands and seals this ____ day of ________ in the year of our Lord ________

(Signature) (Seal)

Signed, Sealed, and Delivered in the Presence of

11

Deed of Indenture—Short Form

This indenture, made the ____ day of ________, 19__, between ________ (insert occupation and residence), of the first part, and ________ (insert occupation and residence), of the second part,

Witnesseth: That the said part____ of the first part, in consideration of ________ dollars, lawful money of the United States, paid by the part____ of the second part, do ____ hereby grant and release unto the said part____ of the second part, ____h____ heirs and assigns forever (description of land). Together with the appurtenances and all the estate and rights of the part____ of the first part in and to said premises.

To have and to hold the above-granted premises unto the said part____ of the second part, ____h____ heirs and assigns forever.

And that said part____ of the first part do____ covenant with said part____ of the second part, as follows:

That the part____ of the first part will forever warrant the title to said premises.

In witness whereof, the said part____ of the first part ha____ hereunto set ____h____ hand ____ and seal ____, the day and year first above written.

In the presence of (Acknowledgment clause.)

12

Quit Claim Deed

Know all men by these presents, that we, ________ and ________, husband and wife, in consideration of the sum of $________, in hand paid, do hereby sell and quit claim to ________ all our right, title and interest in and to the following described real estate, situate in the county of ________, and state of ________, to-wit: (describe premises) to have and to hold the above described premises to the said ________, and his heirs and assigns forever.

In witness whereof, we have hereunto set our hands this ________ day of ________, 19__.

In presence of __________ __________ __________

State of __________ } __________ County. }

On this ____ day of ________, 19__, before me, a justice of the peace, in and for said county, personally came the above named ________, who are known to me to be the identical persons whose names are affixed to the above deed as grantors, and severally acknowledged the instrument to be their voluntary act and deed.

Witness my hand the date above given.

A.B. Justice of the Peace.

13

Quit Claim Deed—Another Form

This indenture, made this ____ day of ________, in the year of our Lord, 19__, between ________, of the first part, and ________, of the second part, witnesseth: That the said part____ of the first part, in consideration of the sum of ________ dollars, to ________, in hand paid by the said part____ of the second part, the receipt whereof is hereby confessed and acknowledged, ha____ bargained, sold, remised, and quitclaimed, and by these presents do____ bargain, sell, remise, and quitclaim unto the said part____ of the second part ________ and to ________, heirs and assigns forever, all ________ together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever, of the said part____ of the first part, either in law or equity, of, in, and to the above-bargained premises, with the said hereditaments and appurtenances, to have and to hold the said ________ to the said part____ of the second part, ________ heirs and assigns, to the sole and only proper benefit and behoof of the said part____ of the second part, ________ heirs and assigns forever.

In witness whereof, the part____ of the first part ha____ hereunto set ________ hand ____ and seal ____, the day and year first above written.

Sealed and delivered in the presence of (Acknowledgment clause.)

14

Quit Claim Deed—Short Form

In consideration of $100, to me in hand paid by C.D., I, A.B., hereby sell, grant, release, and quitclaim to said C.D., that certain lot (here insert description). To have and to hold the said released premises unto the said C.D., and his heirs and assigns forever.

Witness my hand and seal, this ____ day of ________, 19__.

(Acknowledgment clause.)

A.B. (L.S.)

15

Mortgage

Know all men by these presents, that ________ and ________, husband and wife, in consideration of the sum of $________, to us in hand paid, do hereby grant, bargain, sell, and convey to ________ of ________, the following described real estate, to-wit: (describe premises). Together with all the tenements and appurtenances thereunto belonging. And we do hereby covenant with said ________ that we are lawfully seized of said premises; and we will warrant and defend, the same against the lawful claims of all persons whomsoever.

Provided, however, and these presents are upon this express condition. That whereas ________ on the ____ day of ________, 19__, executed and delivered to ________ promissory notes, as follows: The first of said notes for the sum of $________, with interest from date, is due and payable ________, 19__, and the second of said notes for the sum of $________ with interest from date, is due and payable on the ____ day of ________, 19__. Now if said ________ shall pay said notes and interest thereon, when they shall become due, then this conveyance shall be null and void, otherwise to remain in force and effect.

In witness whereof we have hereunto set our hands this ________ day of ________, 19__.

In presence of __________ __________ __________

Acknowledgment as to deed.

16

Mortgage with Power of Sale

This Indenture, made the ____ day of ________ in the year ________ between ________ (name, residence, and occupation of mortgagor) party of the first part, and ________ (name, residence, and occupation of mortgagee) party of the second part, Witnesseth: That the said party of the first part, in consideration of the sum of (the amount of the debt) to him duly paid before the delivery hereof, has bargained and sold, and by these presents does grant and convey to the said party of the second part, and his heirs and assigns forever, all (here describe the premises minutely and accurately) with the appurtenances, and all the estate, right, and title, and interest of the said party of the first part therein.

This grant is intended as a security for the payment of (here describe the debt) which payments, if duly made, will render this conveyance void. And if default shall be made in the payment of the principal or interest above mentioned, then the said party of the second part, or his executors, administrators, or assigns, are hereby authorized to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due with the costs and expenses allowed by law.

In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.

(Signature) (Seal)

Sealed and delivered in the presence of STATE OF } COUNTY OF } SS.

On the ____ day of ________ in the year one thousand nine hundred and ________ before me personally came (name of mortgagor) who is known to me to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same, as his free act and deed.

17

Chattel Mortgage with Power of Sale

Know all men by these presents, that I, A.B., in consideration of the sum of $________ paid by C.D., have bargained and sold, and by these presents do hereby sell and convey to said C.D. the following goods, and chattels, to-wit: (describe the articles mortgaged, or refer to them as the goods and chattels mentioned in the schedule hereto annexed), and which is now in my possession.

Whereas, the said A.B. is justly indebted to C.D. in the sum of $________, payable on the ____ day of ________, 19__, with interest at ten per cent from the ____ day of ________, 19__ (upon a promissory note of even date herewith, or for goods sold and delivered).

Now the condition of the above obligation is such that if the said A.B. shall well and truly pay said C.D. said sum of money and interest when the same shall become due, then this conveyance shall be void, otherwise to remain in full force and effect. It is also agreed that said A.B. may retain possession of the said mortgaged property until said debt becomes due. But if default be made in the payment of said sum or any part thereof, the said C.D. and his assigns are hereby authorized to sell said goods and chattels, or so much thereof as will be necessary to satisfy the amount then due, together with the costs and expenses incurred by reason of said default.

(Signed) A.B. In the presence of E.F.

18

Mortgage on Goods and Chattels—Another Form

Know all men by these presents, that A.B., residing at ________, of the first part, for securing the payment of the ________, hereinafter mentioned, and in consideration of the sum of $1, to ________ in hand paid, at or before the ensealing and delivery of these presents, by C.D., of the second part, the receipt whereof is hereby acknowledged, ha____ granted, bargained, sold, and assigned, and by these presents do ____ grant, bargain, sell, and assign unto the said part____ of the second part, all ________ now remaining and being ________.

To have and to hold, all and singular, the goods and chattels above bargained and sold, or intended so to be, unto the said part____ of the second part, ________ executors, administrators, and assigns forever. And the said part____ of the first part, for ________ heirs, executors, and administrators, all and singular, the said goods and chattels above bargained and sold unto the said part____ of the second part, ________ executors, administrators, and assigns, against the said part____ of the first part, and against all and every person or persons whomsoever shall and will warrant, and by these presents forever defend.

Upon condition, that if the said part____ of the first part shall and do well and truly pay, or cause to be paid, unto the said part____ of the second part, ________ executors, administrators, or assigns, the sum of ________, then these presents and everything herein contained shall cease and be void. And the said part____ of the first part, for ________ executors, administrators, and assigns, do ________ covenant and agree to and with the said part____ of the second part, ________ executors, administrators, and assigns, to make punctual payment of the money hereby secured ________. And in case default shall be made in payment of the said sum above mentioned, or in case the said part____ of the second part shall sooner choose to demand the said goods and chattels, it shall and may be lawful for, and the said part____ of the first part do ________ hereby authorize and empower the said part____ of the second part, ________ executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said part____ of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels to sell and dispose of the same for the best price they can obtain, at either public or private sale, and out of the money to retain and pay the said sum above mentioned, with the interest and all expenses and charges thereon, rendering the overplus (if any) unto the said part____ of the first part, ________ executors, administrators, and assigns. And until default be made in the payment of the aforesaid sum of money, the said part____ of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said part____ of the second part, ________ executors, administrators, or assigns, shall sooner choose to demand the same; and until such demand be made, the possession of the said part____ of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said part____ of the second part.

In witness whereof, the said part____ of the first part, ha____ hereunto set ________ hand ____ and seal ________ this ____ day of ________, 19__.

Sealed and delivered in the presence of ________ County of ________ss.:

On this ____ day of ________, 19__, before me came ________, to me known to be the person____ described in and who executed the foregoing instrument, and ________ acknowledged that ____ he ________ executed the same.

19

Notice of Sale under Chattel Mortgage

Notice is hereby given that by virtue of a chattel mortgage, dated on the ____ day of ________, 19__, and duly filed in the office of the county clerk of ________ county, ________ on the ____ day of ________, 19__, and executed by A.B. to C.D. to secure the payment of the sum of $________, and upon which there is now due the sum of $________. Default having been made in the payment of said sum, and no suit or other proceeding at law having been instituted to recover said debt or any part thereof, therefore, I will sell the property therein described, viz.: (here describe the articles substantially as in the mortgage) at public auction at the house of ________, in the (city, town, or precinct) of ________, in ________ county, on the ____ day of ________, at one o'clock P.M. of said date.

C.D. Mortgagee.

Dated ____, ________, 19__.

20

Assignment of Mortgage

This instrument, made this ____ day of ________, 19__, between ________, of the first part, and ________, of the second part, witnesseth: That the part____ of the first part, for a good and valuable consideration, to ________ in hand paid by the part____ of the second part, ha____ sold, assigned, transferred, and conveyed, and do____ hereby sell, assign, transfer, and convey to the part____ of the second part, a certain mortgage, bearing date the ____ day of ________, 19__, made by ________, recorded in the clerk's office of ________ county, in liber ________, of mortgages, at page ________, on the ____ day of ________, 19__, at ____ o'clock ____m., together with the bond accompanying said mortgage, and therein referred to, and all sums of money due and to grow due thereon. And the part____ of the first part hereby covenant that there is ________ due on the said bond and mortgage the sum of ________.

In witness whereof, the part____ of the first part ha____ hereunto set ________ hand ____ and seal ____ the day and year first above written.

(Assignment clause.)

21

Agreement for Lease

This is to certify that I have, on this 1st day of ________, 19__, let and rented to C.D., lot ________, in block ________, in the city to ________, ________, together with the dwelling-house thereon, with all the appurtenances, and the sole and uninterrupted possession thereof for one year from this date, at the yearly rent of $________, payable quarterly in advance; rent to cease in case of the destruction of the premises by fire.

(Signed) A.B.

22

Lease

This agreement, entered into this first day of ________, 19__, between A.B. and C.D., witnesseth: That the said A.B., in consideration of the covenants of the said C.D., hereinafter set forth, does hereby lease to the said C.D., from the first day of ________, 19__, to the ____ day of ________, 19__, the following described property, to-wit: (The southeast quarter of section 15, in township 12 north, range 14 east of 6th principal meridian). And the said C.D., in consideration of the leasing of the premises as above set forth, does hereby covenant and agree to pay said A.B. the rent following, to-wit: (Insert terms and mode of payment). The said C.D. also covenants with the said A.B. that he will cultivate said land in a good and husband-like manner; that he will keep said premises in as good a condition as they now are; the usual wear and incidents by fire excepted, and that he will yield peaceable possession of the same to said A.B. at the expiration of said term.

In witness whereof we have hereunto set our hands this ________ day of ________, 19__.

A.B. C.D.

In presence of E.F.

23

Lease—Another Form

Landlord and Tenant's Agreement

This instrument, made and executed this ____ day of ________, 19__, between ________, of the ________, part____ of the first part, and ________, of the ________, part____ of the second part, witnesseth:

That the part____ of the first part ha____ hereby let and rented to the part____ of the second part, and the part____ of the second part ha____ hereby hired and taken from the part____ of the first part, ________ for the term of ________ years ________ —— to commence the ____ day of ________, 19__, at the yearly rent of ________ dollars, payable ________. And the part____ of the second part hereby covenant____ to and with the part____ of the first part to make punctual payment of the rent ________ in the manner aforesaid, and quit and surrender the premises at the expiration of said term, in as good state and condition as they are now in, reasonable use and wear thereof, and damages by the elements excepted, and further covenant____ that ____he____, the part____ of the second part, will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire.

And further covenant____ that ____he____, the part____ of the second part, will not assign this lease or underlet the said premises, or any part thereof, to any persons whomsoever, without first obtaining the written consent of said part____ of the first part, and in case of not complying with this covenant, the part____ of the second part agree____ to forfeit and pay to the part____ of the first part the sum of ________ dollars, as and for liquidated damages which are hereby liquidated and fixed as damages and not as a penalty.

This lease is made and accepted on this express condition, that in case the part____ of the second part should assign this lease or underlet the said premises, or any part thereof, without the written consent of the part____ of the first part, that then the part____ of the first part, his heirs or assigns, in his option, shall have the power and the right of terminating and ending this lease immediately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the part____ of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term.

It is further agreed between the parties, that in case said premises should be destroyed by fire before or during said term, that then this lease is to cease and determine; the rent ________ to be paid up to that time.

In witness whereof, the parties have hereunto set their hands and seals the day and year first above written.

In presence of __________ __________ __________

24

Farm Lease

This indenture, made the ____ day of ________ in the year of our Lord, 19__, between A.B., of the city of ________, party of the first part, and C.D., of the same place, party of the second part, witnesseth:

That the said party of the first part, in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved, and contained on the part of the said party of the second part, his executors, administrators, and assigns, to be paid, kept, and performed, has demised and to farm let, unto the said party of the second part, his executors, administrators, and assigns, all (insert description), with the appurtenances, unto the said party of the second part, his executors, administrators, and assigns, from the ____ day of ________, 19__, for the term of ten years then next ensuing, yielding and paying therefor, unto the said party of the first part, his heirs or assigns, yearly and every year during the said term hereby granted, the yearly rent or sum of $________, in equal half-yearly payments, to-wit: on the 1st days of October and April in each and every year; provided, that if the yearly rent above reserved, or any part thereof, shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid; or if default shall be made in any of the covenants or agreements herein contained, on the part of the said party of the second part, his heirs or assigns, to re-enter upon the said premises, and the same to have again, as in their first and former estate.

And the said party of the second part does covenant and agree, with the said party of the first part, his heirs and assigns, that he, the said party of the second part, his executors, administrators, or assigns, will yearly and every year during the said term, pay unto the said party of the first part, his heirs or assigns, the yearly rent above reserved, on the days and in manner limited and prescribed as aforesaid, for the payment thereof, without any deduction or delay. And that the said party of the second part, his executors, administrators, or assigns, will, at his own proper costs and charges, bear, pay, and discharge all taxes, duties, and assessments, as may, during the said term hereby granted, be charged, assessed, or imposed upon the said demised premises. And that on the determination of the estate hereby granted, the said party of the second part, his executors, administrators, or assigns, shall and will leave and surrender unto the said party of the first part, his heirs or assigns, the said demised premises in as good stage and condition as they are now in, ordinary wear and damages by the elements excepted.

And the said party of the first part does covenant and agree, with the said party of the second part, his executors, administrators, and assigns, that the said party of the second part, his executors, administrators, and assigns, paying the said yearly rent above reserved, and performing the covenants and agreements aforesaid on his part, the said party of the second part, his executors, administrators, and assigns, shall and may at all times during the said term hereby granted, peaceably have, hold, and enjoy the said demised premises, without any manner of trouble or hindrance of or from the said party of the first part, his heirs or assigns, or any other person or persons whomsoever.

In witness whereof, the parties to these presents have hereunto set their hands and seals.

Sealed and delivered in the presence of

____________ A.B. (L.S.)

25

Lease of Furnished Rooms

Memorandum. It is agreed by and between A.B. and C.D., as follows, viz.: The said A.B., in consideration of the rent hereinafter mentioned and agreed to be paid to him, hath letten to the said C.D. one room, up two flights of stairs forward, part of the now dwelling-house of the said A.B. situate on ________ Street, in the city of ________, together with the furniture at present standing therein—that is to say: (insert furniture). To hold to the said C.D. for the term of two years, to commence from ________, 19__, at the yearly rent of $100, to be paid quarterly to the said A.B.

The said C.D., in consideration hereof, agrees to pay the aforesaid yearly rent of $100, at the times above limited for payment thereof; and at the end of the term, or in case of any default in the payment, shall and will, on the request of the said A.B., or his assigns, immediately yield and deliver up to him or them, the peaceable and quiet possession of the said room, together with the whole furniture he, from the first entrance thereon, there found and possessed, in good, and sufficient plight and condition, reasonable wear and tear only excepted.

In witness whereof the parties have signed this agreement, this ____ day of ________, 19__.

A.B. C.D.

26

Assignment of Lease

For and in consideration of the sum of $________, to me in hand paid by E.F., I hereby assign and transfer to said E.F. a certain lease, bearing date ________, 19__, and made by A.B. to me, C.D., for (describe the premises), together with all and singular the buildings and appurtenances thereunto belonging, or in any wise appertaining, subject, however, to the rents hereafter to accrue and the covenants and conditions contained in said lease.

C.D.

27

Assignment of Lease—Another Form

Know all men by these presents, that I, A.B., the within-named lessee, for and in consideration of $50, to me in hand paid by C.D., of the town of Franklin, County of Albany, at and before the sealing and delivery hereof, the receipt whereof I do hereby acknowledge, have granted, assigned and set over, and by these presents do grant, assign and set over, unto the said C.D., his executors, administrators, and assigns, the within indenture of lease, and all that house and farm therein described, with the appurtenances, and also my estate, right, title, term of years yet to come, claim and demand whatsoever, of, in, to, or out of the same. To have and to hold the said house and farm, and the appurtenances thereof unto the said C.D., his executors, administrators, and assigns, for the residue of the term within mentioned, under the yearly rent and covenants within reserved and contained, on my part and behalf to be done, kept and performed.

Witness my hand and seal, this June 20, 19__.

A.B. (L.S.)

(Acknowledgment.)

28

Notice to Quit

To C.D.:

I hereby notify you to leave the premises now occupied by you, to-wit: (Lot 8 in Block 144, in the city of ________, ________ county, ________.) If you fail to comply with this notice within three days after its service, I shall instigate legal proceedings to obtain possession of said premises.

(Signed) A.B.

29

Subscription to Build a Church

Whereas, the trustees of the church corporation, known as the "Church of the Puritans," are about erecting a church edifice for such corporation; now, we, the undersigned, for the purpose of such erection, hereby agree to and with such trustees and to and with each other, to pay to B.B., the treasurer of said corporation, the several sums by us set opposite our several names, for the purpose of such erection, and we hereby authorize and direct the said trustees to expend such sums in the erection of the same. The said sums are to be paid to the said treasurer on or before the 1st day of March, 1900.

NAMES AMOUNT

A.B. $600

C.C. 400

30

Power of Attorney

Know all men by these presents, that we ________ and ________, husband and wife of the county of ________, and state of ________, have made, constituted and appointed, and do hereby make, constitute and appoint ________ of the county of ________, and state of ________, our true and lawful attorney for us and in our names, place and stead, to sell and convey by a good and sufficient deed, with full covenants of warranty the following described real estate, to-wit: (describe), hereby giving and granting to our said attorney full power to do and perform every act and thing necessary to be done in the premises as fully as we could do if personally present, hereby ratifying and confirming all that our said attorney shall do by virtue hereof.

In witness whereof we have hereunto set our hands this ____ day of ________, 19__.

In presence of __________ __________ __________

State of __________ } __________ County. }

On this ____ day of ________, 19__, before me, a justice of the peace in and for said county, personally came the above named ________ and ________, who are known to me to be the identical persons whose names are affixed to the above power of attorney as makers thereof, and severally acknowledged the instrument to be their voluntary act and deed.

In witness whereof I have hereunto set my hand the day and year above written.

A.B. Justice of the Peace.

31

Power of Attorney to Transfer Stock

Know all men by these presents, that ________, for value received, ha____ bargained, sold, and assigned, and by these presents do bargain, sell, and assign unto ________, the following described stock, to-wit: ________ unto ________, belonging and held by certificate No. ________, in ________ name, and hereunto annexed, and do hereby constitute and appoint ________, true and lawful attorney, irrevocably, for ________, and in ________ name and stead, to ________ use, to assign and transfer the said stock unto ________ and for that purpose to make and execute the necessary acts of assignment and transfer, and an attorney, or attorneys under ________, for that purpose, to make and substitute, and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming the same.

In witness whereof ________ have hereunto set ________ hand ____ and seal ____ in the city of ________, the ____ day of ________, in the year of our Lord, 19__.

State of Ohio, City and County of ________ss.:

On the ____ day of ________, 19__, personally appeared before me ________, to me known to be the person ________ described in, and who executed the within instrument, and acknowledged the execution of the same for the uses and purposes therein mentioned.

32

Certificate of Stock

No. ________ No. of shares ________ Par value of each, $________

The ________ Company:

This is to certify that ________ is the owner of ________ ________ shares of the capital stock of the ________ Company, transferable only on the books of the company by the holder thereof, in person or by attorney, on the surrender of this certificate.

In witness whereof, the said company has caused its corporate seal to be affixed, hereto, and this certificate to be signed by its president and treasurer.

________, N.Y. ________, 19__.

________ President. ________ Treasurer.

On back of the certificate a blank transfer, in following form, should be printed.

For value received, ________ hereby sell, assign, and transfer unto ________ shares of the within-mentioned stock, and do hereby constitute and appoint ________, attorney to transfer the same on the books of the company.

Witness my hand and seal, this ____ day of ________, 19__.

Witness: __________ (SEAL)

33

Agreement to Sell Shares of Stock

Memorandum of agreement, made this ____ day of ________, 19__, between A.A., of the city of New York, of the first part, and B.B., of the same place, of the second part, witnesseth: That the said A.A. agrees to sell and convey to the said B.B., on or before the 1st day of May next, 1,000 shares of the capital stock of the New Haven Bank, for the price or sum of $110 per share, and to make, execute, and deliver to the said B.B. all assignments, transfers, and conveyances necessary to assure the same to him, his heirs and assigns.

In consideration whereof, the said B.B. agrees to pay unto the said A.A. the price or sum or $110 for each and every share of the said stock so assigned, whenever, and as soon as the said assignment and the scrip of stock so assigned shall be properly executed and delivered to the said B.B.

In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written.

A.A. (L.S.) B.B. (L.S.)

34

Transfer of Shares of Stock

Know all men by these presents, that I, A.B., ________ for value received, have bargained, sold, assigned, and transferred, and by these presents do bargain, sell, assign, and transfer unto C.D., sixteen shares of the capital stock, standing in my name on the books of the ________ First National Bank, and ________ do hereby constitute and appoint the said C.D., ________ my true and lawful attorney, irrevocable, for me and in my name and stead, but to his use, to sell, assign, transfer, and set over all or any part of the said stock, and for that purpose, to make and execute all necessary acts of assignment and transfer, and one or more persons to substitute with like full power, hereby ratifying and confirming all that my said attorney, or his substitute, or substitutes, shall lawfully do by virtue hereof.

In witness whereof, I have hereunto set my hand and seal the ____ day of ________, 19__.

A.B. (SEAL)

35

Assignment of Policy of Insurance

Know all men by these presents, that I, A.B., of the village of Coxsackie, for and in consideration of $25, to me in hand paid by C.D. of the same place, the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said C.D. the policy of insurance, known as policy No. 23,685 of the Indemnity Insurance Company, and all sum and sums of money, interest benefit and advantage whatsoever, now due, or hereafter to arise, or to be had or made by virtue thereof, to have and to hold the same unto the said C.D., and his assigns forever.

In witness whereof, I have hereto affixed my hand, this June 20, 19__ (A.B.)

(Acknowledgment.)

36

Assignment of Patent Right

"Whereas, letters-patent, bearing the date the 10th of January, 1921, were granted and issued by the Government of the United States, under the seal thereof, to A.B., of the town of Bristol, of the State of Pennsylvania, for (here state the nature of the invention) a more particular and full description thereof is annexed to the said letters-patents in a schedule; by which letters-patents the full and exclusive right and liberty of making and using the said invention, and of vending the same to others to be used, was granted to the said A.B., his heirs, executors, and administrators, or assigns, for the term of seventeen years, from the same date.

Now, know all men by these presents, that I, the said A.B., for and in consideration of the sum of $100, to me in hand paid, the receipt whereof is hereby acknowledged, have granted, assigned and set over, and by these presents do grant, assign, and set over unto C.D., of the said town of Bristol, his executors, administrators, and assigns, forever, the said letters-patent, and all my right, title and interest in and to the said invention, so granted unto me: to have and to hold the said letters-patent and invention, with all benefit, profit and advantage thereof, unto the said C.D., his executors, administrators, and assigns, in as full, ample, and beneficial manner, to all intents and purposes, as I, the said A.B., by virtue of the said letters-patent, may or might have or hold the same, for and during all the rest and residue of the term for which said letters-patent are granted.

In witness whereof, I have hereto affixed my hand and seal, this 10th day of June, 19__.

A.B. (L.S.)

In the presence of E.F. G.H. (Acknowledgment.)

37

Bond for Payment of Money

(As in Form No. 6, and then as follows):

The condition of this obligation is such, that if the above-bounden A.B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named C.D., his executors, administrators, or assigns, the just and full sum of $1,000, lawful money, as aforesaid, in manner following, to-wit: $300 part thereof, on the ________ ____ day of ________ next ensuing the date hereof; $300 more thereof on the ____ day of ________, the next following; and $400, the residue, and in full payment thereof, on the ____ day of ________, which will be in the year of ________; then this obligation to be void; but if default shall be made in payment of any or either of the said sums on the days and times hereinbefore mentioned and appointed for payment thereof, respectively, then this bond shall remain in full force and virtue.

A.B. (L.S.)

38

Articles of Co-Partnership

This agreement entered into this ____ day of ________, 19__, by and between A.B. and C.D., witnesseth, that said parties have formed a co-partnership for the purpose of carrying on the business of & ________ at ________, upon the following terms and conditions:

First: The name and style of said co-partnership shall be A.B. & C.D., and shall continue ________ years from this date, unless sooner terminated by the death of either of said partners.

Second: The said A.B. shall contribute to the capital stock of said firm the sum of $________, and the said C.D. the sum of $________, and said partners shall be the owners of the stock in that proportion, and any further increase of the capital stock shall be contributed by said partners in the same ratio.

Third: All the profits which shall accrue to said partnership shall be equally divided between said partners; and all losses from whatever cause shall be borne by them in proportion to their interests in the stock of said firm.

Fourth: Neither of said partners shall sign or in any manner become liable upon any promissory note or other obligation, for the accommodation of any person whatsoever, nor lend any of the co-partnership funds without the consent in writing of the other partner.

Fifth: Neither party shall withdraw from the funds of the firm to exceed the sum of $________, per annum, in ________ in installments of not to exceed the sum of $________, but neither shall at any time be entitled to draw in excess of his share of the profits then earned.

Sixth: All transactions and accounts of the firm shall be kept in regular books, which shall be open at all times to the inspection of either party or their representatives.

Seventh: An invoice of stock shall be taken on the first day of January of each year, and the account between the parties settled at that time. And an invoice be taken and an account had at any other time when either partner shall demand the same in writing.

Eighth: No transaction outside of the ________ business shall be entered into by either of said partners without the consent in writing of his co-partner. And any violation of the terms of this agreement shall be sufficient cause for a dissolution of this co-partnership.

In testimony whereof we have hereunto set our hands this ____ day of ________, 19__.

A.B. C.D.

In the presence of G.H.

39

Articles of Co-Partnership—Another Form

Articles of co-partnership, made this ____ day of ________, 19__, by and between A.B. and C.D. both of the city of ________, witnesseth that:

The said parties hereby agree to form, and do form a co-partnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually engage and bind themselves, each to the other.

The style and name of the co-partnership shall be B. and D., and shall commence on the ____ day of ________, 19__, and continue for the period of five years.

Each of the said parties agrees to contribute to the funds of the partnership the sum of $3,000 in cash, which shall be paid in, on or before the ____ day of ________, 19__, and each of said parties shall devote and give all his time and attention to the business, and to the care and superintendence of the same.

All profits which may accrue to the said partnership shall be divided equally, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or accident, and all expenses of the business shall be borne by the said parties equally.

All the purchases, sales transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their regular representatives respectively.

An account of stock shall be taken, and an account between the parties shall be settled as often as once a year, and as much oftener as either partner may desire, and in writing request.

Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign, or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party; nor shall either party lend any of the funds of the co-partnership without such consent of the other partner.

No large purchase shall be made, nor any transaction out of the usual course of the business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, the other partner.

Neither shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned nor shall either party be entitled to interest on his share of the capital; but if, at the expiration of the year, a balance of profits be found due to either partner, he shall be at liberty to withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case be allowed interest on the said balance.

At the expiration of the aforesaid term, or earlier dissolution of this co-partnership, if the said parties, or their legal representatives, cannot agree in the division of the stock then on hand, the whole co-partnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid.

For the purpose of securing the performance of the foregoing agreements, it is agreed, that either party, in case of any violation of them, or either of them, by the other, shall have the right to dissolve this co-partnership forthwith, on his becoming informed of such violation.

In witness whereof, we, the said A.B. and C.D., have hereto set our hands, the day and year first above written.

Executed and delivered in the presence of

(Acknowledgment.)

A.B. C.D.

40

Letter of Credit

A.B. & Co ________:

Gentlemen.—We will be responsible to you for goods sold to C.D., of ________, to an amount not exceeding ________ dollars (or, for cash advanced to C.D., of ________ not exceeding ________ dollars), (or, for credit secured by you to C.D., of ________, in the purchase of (describe the kind of goods), not exceeding the sum of ________ dollars) at any time before ________, 19__, unless this letter is revoked prior to said date; and providing you send notice to us by mail within ten days of the granting of such credit or making such payment, and also in case said C.D. should default in making payment of any part of any debt created by reason of this agreement when such payment shall become regularly due, then notice of such default shall be sent by mail to us within five days of such default.

Dated, ________ 19__. (Signature)

41

Agreement for Sale of Physician's Practice

Agreement made this ____ day of ________, 19__, between ________, hereinafter called the vendor, and ________, hereinafter called the purchaser.

1. Whereas the said vendor has for many years past exercised his profession of physician and surgeon at ________, in the county of ________, and is now desirous of retiring from his practice at ________ aforesaid, and the said purchaser is desirous of establishing himself as a physician and surgeon at said ________, now therefore, the said vendor agrees to sell to the said purchaser, who agrees to purchase, the said practice and the good will and benefits thereof from the ____ day of ________ next, together with all the fixtures, furniture, medical books, surgical and other instruments and apparatus, and all the drugs, medicines, bottles, and other things now used therein, for the sum of ________ dollars; in confirmation of which purchase the purchaser, upon the execution of these presents, has paid the sum of ________ dollars by way of deposit and in part of the purchase money.

2. The said vendor further agrees that, on the payment of the residue of the said purchase money as hereinafter mentioned, he will fully and absolutely deliver over and assign to the said purchaser, his executors, administrators, or assigns, the said practice or business, and the good will thereof, for his and their own absolute use and benefit; and likewise the full and uninterrupted possession of the office in which the said practice is now carried on by him, together with the fixtures, furniture, books, instruments, apparatus, and things now used in and relating to the said practice.

3. The said vendor will introduce and recommend the said purchaser to his patients, friends, and others, as his successor; and will use his best endeavors to promote and increase the prosperity of the said practice or business.

4. The said vendor will not reside or practise either as physician or surgeon, or act directly or indirectly as partner or assistant to or with any other physician or surgeon practising ________ either at ________ aforesaid, or elsewhere, within ________ miles thereof.

5. The said purchaser, in consideration of the agreements on the part of the vendor hereinbefore contained, hereby further agrees to pay him, his executors, or administrators, ________ dollars, by installments as follows: one-half part thereof on the ____ day of ________ next, upon receiving the full and peaceable possession of the said practice, office, good will, fixtures, furniture, books, and things hereinbefore mentioned, and the remaining half part thereon on the ____ day of ________ next.

In witness, etc.

42

Agreement Between Merchant and Traveling Salesman

Agreement made this ________ of ________, between ________ of ________, and ________ of ________, merchants and co-partners, doing business under the firm name and style of ________ & Co., of the one part, and ________ of ________, traveling salesman of the other part.

1. The said salesman shall enter into the service of said firm as a traveler for them in their business of ________ merchants, for the period of ________ years from the ____ day of ________ 19__, subject to the general control of said firm.

2. The said salesman shall devote the whole of his time, attention, and energies to the performance of his duties as such salesman, and shall not, either directly or indirectly, alone or in partnership, be connected with or concerned in any other business or pursuit during the said term of ________ years.

3. The said salesman shall, subject to the control of the said firm, keep proper books of account, and make due and correct entries of the price of all goods sold, and of all transactions and dealings of and in relation to the said business, and shall serve the said firm diligently and according to his best abilities in all respects.

4. The fixed salary of the said salesman shall be the sum of ________ dollars per week for the first year, payable by the said firm weekly from the commencement of the said service, on the ____ day of ________, and ________ dollars per week for the third year, payable weekly in like manner, from the commencement of such respective years.

5. The reasonable traveling expenses and hotel bills of the said salesman, incurred in connection with the business of said firm, shall be paid by the said firm, and the said firm shall from week to week pay to the said salesman the said traveling expenses and hotel bills in addition to the said fixed salary.

In witness, etc.

__________ __________

43

Agreement for the Adoption of Children

This indenture made the ____ day of ________, 19__, between ________ of ________, party of the first part, and ________, of ________, and ________ his wife, parties of the second part.

Whereas the said party of the first part has two daughters, ________ and ________, now aged ________ and ________ years, respectively; and whereas the said parties of the second part are willing to adopt the said children subject to the conditions hereinafter contained, and on the part of the party of the first part to be observed: Now this indenture witnesseth that the said parties covenant and agree as follows, that is to say:

1. The said parties of the second part shall adopt the said children, and shall, until the said children shall respectively attain the age of twenty-one years, or marry under that age, maintain, board, lodge, clothe, and educate them in a manner suitable to their station, and as if they were the lawful children of the parties of the second part and shall at the cost of the parties of the second part, and of the survivor of them, provide the said children with all necessaries, and discharge all the debts and liabilities which the said children or either of them may incur for necessaries, and indemnify the said party of the first part against all actions, claims, and demands in respect thereof.

2. The said party of the first part hereby nominates and appoints the said parties of the second part, during their lives, and after their respective deaths the person or persons to be nominated in that behalf, as is hereinafter mentioned, to be the guardians of the persons and estates of the said children until they shall attain the age of twenty-one years, or until they shall marry under that age respectively.

3. The said party of the first part shall not revoke the appointment hereby expressed to be made, and will not, by deed, will, or otherwise, appoint or apply for the appointment of any other person or persons to be guardian or guardians of the said children or either of them, or of their respective estates.

4. In case of the death of either of the parties of the second part before the said children shall attain the age of twenty-one years, or marry under that age respectively, it shall be lawful for the survivor of them, the said parties of the second part, by deed or will, to nominate and appoint any person or persons, from and after the decease of such survivor, to be guardian or guardians of the said children or either of them.

5. The said party of the first part shall not himself, nor shall any person or persons claiming under him, or acting under his authority, at any time or in any manner interfere with the training or management of the said children or either of them, or with their or her moral, intellectual, or religious education or instruction.

6. If the said party of the first part shall not perform and observe all and every of the stipulations herein contained and on his part to be performed and observed, then and in every such case it shall be lawful for the said parties of the second part, and the survivor of them, by notice in writing under their, his or her hands or hand, and addressed either to the party of the first part or to the person setting up such claim or demand, or so interfering as aforesaid, to put an end to the agreement hereby expressed to be made, and thereupon the same shall absolutely cease and determine; provided that in such event the said party of the first part, or his estate, shall be liable to pay and satisfy all debts and liabilities incurred by or in any wise for the benefit of the said children, or either of them, which at the time of such determination of this agreement shall not have been paid and satisfied. In witness, etc.

44

Release by Ward of His Guardian

Know all men by these presents, that I, A.B., of ________, son and heir of ________, deceased, in consideration of ________, by these presents remise, release, and forever discharge C.D., of ________, my guardian, of and from all manner of actions, suits, accounts, debts, dues, and demands whatsoever, which I ever had, now have, or which I or my executors or administrators, at any time hereafter, can or may have, claim or demand against the said C.D., his executors or administrators, for, touching, or concerning the management and disposition of any of the lands, tenements, or hereditaments of the said A.B., situate, etc., or any part thereof, or for or by reason of any money, rents, or other profits by him received out of the same, or any payments made thereof, during the minority of the said A.B., or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date hereof.

In witness whereof, I have hereunto set my hand and seal, this ____ day of ________, one thousand nine hundred and ________.

(Signature and seal) ________

In presence of

(Signature of witness) __________ __________

45

Will

In the name of God, amen: I, A.B., of the city of ________, in the county of ________, and state of ________, considering the uncertainty of this mortal life, and being of sound mind and memory, blessed be God for the same, do make and publish this my last will and testament, in manner and form following, that is to say:

First: I direct that my funeral charges, the expenses of administering my estate, and all my debts be paid out of my personal property. If that be insufficient I authorize my executors, hereafter named, to sell so much of my real estate as may be necessary for that purpose.

Second: I give and bequeath to my beloved wife, C.B., the sum of $________, in lieu of dower, and of any distributive share in my estate to which she would otherwise be entitled. I also give and bequeath to my beloved wife the dwelling-house and lot on which I now reside.

Third: I hereby give the custody of my infant children during their minority, and while they remain unmarried, to my beloved wife, so long as she remains my widow; but if she shall die or marry again during the infancy of said children, then in that case, I commit their custody and tuition to my friend E.F., of said city and state.

Fourth: I give and bequeath all of the residue of my estate, real and personal, to my children, share and share alike, as tenants in common, to be paid to them as they respectively come of age. In case any one of my children shall die in my lifetime, leaving issue of descendants, I direct that his share shall not lapse, but shall be paid to such descendants, in equal proportions.

Fifth: I appoint my friend G.H. executor of this, my last will and testament, hereby revoking all former wills by me made.

In witness whereof I have hereunto subscribed my name this 1st day of ________, in the year of our Lord ________.

A.B.

We, whose names are hereunto subscribed, do hereby certify that A.B., the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and declared at the same time in our presence and hearing that this instrument was his last will and testament, and we at his request, sign our names hereto in his presence as attesting witnesses.

L.M., of the city of ________ N.O., of the city of ________

46

Will—Another Form

I, A.B., of the town of ________, in the county of ________, and state of________, declare this to be my last will and testament: