of Power to repair the and the county of, belonging to the said party-of the first part, which road or way is feet in width and rods in length, or thereabouts, and leads from the turnpike road, or public highway, opposite or adjacent to the farm of the said party of the second part, in the town of aforesaid, the course, direction, and extent of which road or way are delineated in the plan hereto annexed, which also shows the farm of the said party of the second part; and also free right and liberty to the said party of the second part, his heirs and assigns, and all or any such persons or person as aforesaid, from time to time and at all times hereafter, with workmen, enter and repair. horses, carts, and other persons and things, to enter in or upon the said road or way, the right of user whereof, is hereby granted, and to make and lay causeways and bridges or otherwise to repair and amend the said road or way as there shall be occasion. And the said party of the second part covenants with the said party of the first part that he, the Covenant said party of the second part, his heirs and assigns, by grantee to will from time to time and at all times hereafter, at way; his and their own expense, repair and amend, and keep repaired and amended, in a proper, substantial, and workmanlike manner, the said road or way, the right and liberty of user whereof is hereby granted, and also the gate erected by the said party of the first part across the said road or way at the northern end or extremity thereof, and the lock and fastening belonging thereto; and will from time to time, and at all times hereafter, at the like expense of the said party of the second part, his heirs or assigns, repair and renew the hedge lately planted by the said party of the first part, and the fence on both sides of the said — and the road or way; and also that the said party of the second part, his heirs and assigns, and his and their agents and servants, and the tenants and occupiers for the time being of his said farm using the said road or way, the user whereof is hereby granted, will, if and whenever and so long as the said party of the first part, his heirs or assigns, the owner or owners for the time being of the said lands adjoining the same road and to shut shall so require, immediately after having used and the gate. passed through the said gate, shut and lock the same. In wit ness, etc. fences; Release of a Right of Way from the Grantee to the Grantor. This indenture, made the - day of, 18-, between party of the first part, and party of the second part, witnesseth: Parties. , of Whereas by an indenture dated the Recital of the grant of of , page made corded with deeds, book right of way. right. ond part for the sum of dollars: Now this indenture witnesseth, that in consideration of the said sum of dollars paid by the said party of the second part to the said party of the first part, the receipt whereof he hereby acknowledges, he, the said party of the first part, doth by these presents remise, release, and forever quitclaim unto the said party of the second part and his heirs all that road or right of way as aforesaid granted, and all rights and privileges whatsoever which the said party of the first part hath now in, over, or upon the same; to the intent that the said right of way may be forever extinguished, and that the said party of the second part, his heirs and assigns, shall and may at all times hereafter have and enjoy the said premises over which such right of way was so granted, freed and absolutely discharged therefrom, and all other easements and privileges whatsoever of the said party of the first part, his heirs or assigns, or any other person or persons rightfully claiming by, from, through, or under him. And the said party of the first part doth hereby for himself, his heirs, executors, and administrators, covenant with the said party of the second part, his heirs and assigns, that he, the said party of the first part, now hath in himself good right to release the said right of way unto the said party of the second part, his heirs and assigns, in manner aforesaid; and also that he, the said party of the first part, and all persons rightfully claiming through or under him, shall Covenant of right to release. and will, from time to time, and at all times hereafter, at the request and costs of the said party of the second For further part, his heirs or assigns, enter into, execute, and assurance. perfect all such further releases, for the further or more perfectly releasing and confirming the said road or right of way hereby released unto the said party of the second part, his heirs and assigns, according to the true intent and meaning of these presents, as the said party of the second part, his heirs or assigns, or his or their counsel in the law, shall require, and as shall be tendered to be done and executed. In witness, etc. day of Conveyance of Mines with Grant of Powers of Working, etc. Indenture made the 18-, between of -, etc., hereinafter called the vendor, of the one part, and of, hereinafter called the purchaser, of the other part. Whereas the said vendor has agreed with the said purchaser for the sale to him of the mines hereby conveyed, together with such powers for the working and carrying away the minerals as are hereinafter contained, for the sum of -dollars: Now this indenture witnesseth that, in pursuance of the said agreement, and in consideration of the sum of dollars now paid to the said vendor by the said purchaser, of which sum the said vendor hereby acknowledges the receipt, the said vendor hereby conveys unto the said purchaser all those the mines, veins, and seams of coal, and all other mines and minerals whatsoever, situate and lying in or under the several parcels of land, containing in the whole acres or thereabouts, described as follows: Together with full and free liberty for the said purchaser, his heirs and assigns, and his or their lessees, agents, and workmen, and all other persons by his or their or any of their authority or permission at any time and from time to time, but by underground workings only, and without entering upon the surface of the said parcels of land or any of them, to search for, get, work, take away, and dispose of the said mines and minerals hereby conveyed, and to do all things necessary or expedient for the purposes aforesaid or any of them, but subject to the liability of the said purchaser, his heirs and assigns, to make compensation to the said vendor, his heirs and assigns, lessees, and tenants, the owners or occupiers for the time being of the surface of the said parcels of land, for all and any damage or injury to the surface which shall or may be caused or occasioned by or by reason of the exercise of the liberties, powers, and authorities hereinbefore mentioned, or any of them. To have and to hold the said mines and minerals, and all other the premises hereby conveyed, subject as aforesaid, unto and to the said purchaser, his heirs and assigns forever. And the said vendor hereby (add cov enants). In witness, etc. GUARANTY. Guaranty to Bankers of the Account of a Third Person. Guaranty balance. Continuing Giving time to debtor or any debt not compromising to vitiate guar anty. In consideration of your making advances or otherwise giving credit to of, I hereby guaranty to you the payment of all moneys which shall at any time be due of a general to you from the said, or his representatives, on the general balance of his account with you, not exceeding dollars. This guaranty shall be a continuing guaranty to the extent, at any time, of dollars, and shall guaranty. not be considered as wholly or partially satisfied by the payment at any time of any sum of money for the time being due upon such general balance as aforesaid, but shall extend to and be a security for any future sum and sums of money at any time due to you thereon within the limit aforesaid, notwithstanding any such payment. I agree that you may grant time or other indulgence to, or compound with, the said or his representatives, or any person or persons or company liable on any bill, note, or other security or guaranty held by you, without affecting this guaranty; and that all dividends, ceived by you from the said or company so liable, or his or their estate, shall be taken and applied as payments in gross, without any right on the part of me or my representatives to stand in your place in respect of, or to claim the benefit of, any such dividends, compositions, or payments, or any security held by you, until you shall have received the full amount of all your claims against the said representatives, which are covered by this guaranty; and that this guaranty shall apply to and secure any secure ultiultimate balance which shall remain due to you within the limit aforesaid, and that you may enforce this guaranty, notwithstanding that any bills or other instruments covered by it may be then in circulation or outstanding. And I further declare that this guaranty shall not be affected by my death, but shall remain in compositions, and payments reor any other person or persons or his Guaranty to mate balance. Guaranty not to be af fected by death of guar antor; |