No. 42.

DEED TO A CORPORATION.

....

.........

This indenture, made the day of ....., 186.., between A. B., of the town of ....., in the county of ....., of the first part, and the Saratoga and Whitehall Rail Road Company, of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of ..... to him in hand paid, by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold, remised, released and confirmed, and by these presents doth grant, bargain, sell, remise, release and confirm unto the said party of the second part, their successors and assigns forever, all that certain piece or parcel of land, [describe the same,] together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well at law as in equity, of the said party of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances.

To have and to hold, all and singular, the above mentioned and described premises, together with the appurtenances unto the said party of the second part, and their successors and assigns forever. †

The covenants, &c., as in No. 39 or 40, according to the agreement.

No. 43.

THE LIKE, UPON A CONDITION THAT THE COMPANY SHALL BUILD THEIR ROAD WITHIN A CERTAIN TIME.

Same as in No. 42 to the †, and then add: Provided always, and these presents are upon this express condition, that the said party of the second part shall construct their rail road and put it in operation within the time prescribed by the act incorporating the same, [or any other time to be agreed on by the parties.] Then proceed as in the last precedent,

NOTE. This is a condition subsequent. The title vests in fee in the corporation, and is subject to be devested, on failure to perform the condition, on an entry by the grantor, or its equivalent. (Nicoll v. The New York and Érie R. R. Co., 2 Kern. 121. S. C., 12 Barb. 460.)

No. 44.

DEED BY A CORPORATION.

This indenture, made the ....... day of ..................., 186.., between the Saratoga and Whitehall Rail Road Company, [or The Bank of Saratoga Springs,] of the first part, and C. D., of, &c. &c., of the second part.

And then proceed as in the case of a deed by an individual, to the covenants, which

will be in this form:

And the said party of the first part doth covenant, &c., or, as in the foregoing precedents.

In witness whereof, the said party of the first part hath hereunto caused their corporate seal to be affixed, and these presents to be subscribed by their president and secretary, [or cashier, as the case may be,] the day and year first above written. Sealed and delivered in

presence of

E. F.

Signed,

Acknowledged as in No. 16.

No. 45.

President.
Secretary.

DEED BY HUSBAND AND WIFE, WITH A VIEW TO EXTINGUISH HER INCHO

ATE RIGHT OF DOWER.

The same as in other cases, except that the wife is made a grantor with her husband, and is therein so described-as "A. B. of ........, and C. his wife," &c. The acknowledgment, as in No. 6, or some of the other forms applicable to the

case.

No. 46.

DEED BY THE WIFE ALONE, WHERE SHE HAS OMITTED TO JOIN WITH HER HUSBAND, THE OBJECT BEING MERELY TO RELEASE HER INCHOATE RIGHT OF DOWER.

This indenture, made the

day of

....... 186.., between A. B., the wife of C. D., of ........, of ........, of the first part, and E. F., of ........of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of ........ to her in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold, remised, released and confirmed, and by these presents doth grant, bargain, sell, remise, release and confirm unto the said party of the second part, his heirs and assigns forever, all the right, title, interest, estate, claim and demand, both at law and in equity, as well present as in expectancy, and all claim of dower therein, of, in and to all that certain piece or parcel of land situate, [describe the premises.]

NOTE. It is most usual for the wife to join with her husband in the deed; but if this has been omitted, she can execute a separate release of her dower, without her husband being joined with her. The Albany Ins. Co. v. Bay, 4 Comst. 9.

But she cannot bind herself by covenants, and they are not inserted in a deed when she executes it alone without her husband.

No. 47.

ANOTHER FORM OF A DEED WITH FULL COVENANTS, AND ALSO A COVENANT AGAINST THE ERECTION OF NUISANCES ON THE SAID PREMISES.

This indenture, made the ...... day of ......, in the year one thousand eight hundred and .., between of the first part, and ......, of the second part,

witnesseth: That the said part.. of the first part, for and in consideration of the sum of......, lawful money of the United States, to ...... in hand paid, by the said part.. of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said part.. of the second part, heirs, executors and administrators, forever released and discharged from the same, by these presents, ha.. granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents do.. grant, bargain, sell, alien, remise, release, convey and confirm unto the said part.. of the second part, and to ..... heirs and assigns forever, all ..... together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said part.. of the first part, of, in and to the same, and every part and parcel thereof with the appurtenances: To have and to hold the above granted, bargained and described premises, with the appurtenances, unto the said part.. of the second part, . .... heirs and assigns, to their own proper use,

... ......

benefit and behoof, forever.

And the said

for

........

heirs, executors and administrators, do.. ... hereby covenant, grant and agree to and with the said part.. of the second part, heirs and assigns, that the said ........, at the time of the sealing and delivery of these presents, lawfully seised in ........ of a good, absolute and indefeasible estate of inheritance, in fee simple, of and in all and singular the above granted and described premises, with the appurtenances, and ha.. good right, full power and lawful authority, to grant, bargain, sell and convey the same, in manner aforesaid; and that the said part.. of the second part,

heirs and assigns, shall and may, at all times hereafter, peacefully and quietly have, hold, use, occupy, possess and enjoy the above granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of the said part.. of the first part, heirs or assigns, or of any other person or persons lawfully claiming or to claim the same; and that the same now are free, clear, discharged and unencumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and incumbrances, of what nature or kind soever.

........

And also, that the said part.. of the first part and ........ heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the hereinbefore granted premises, by, from, under or in trust for ... them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said part.. of the second part, .... heirs and assigns, make, do and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, in and to the said part.. of the second part, ...... heirs and assigns forever, as by the said part.. of the second part, ... ... heirs or assigns, or ...... their counsel learned in the law, shall be reasonably advised or required: and the said ........ heirs, the above described and hereby granted and released premises,

and every part and parcel thereof, with the appurtenances, unto the said part.. of the second part, ........ heirs and assigns, against the said part.. of the first part, and heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend.

....... heirs and assigns, do..

heirs, executors and administraheirs or assigns,

And the said part.. of the second part, for hereby covenant to and with the said tors, that neither the said part.. of the second part, nor shall or will at any time hereafter, erect any buildings within forty feet of the front of said lot, except of brick or stone, with roofs of slate or metal, and will not erect or permit upon any part of the said lot, any slaughter house, smith shop, forge, furnace, steam engine, brass foundry, nail or other iron factory, or any manufactory of gun powder, glue, varnish, vitriol, ink or turpentine, or for the tanning, dressing or preparing skins, hides or leather, or any brewery, distillery or any other noxious or dangerous trade or business.

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

Sealed and delivered in

presence of

No. 48.

DEED BY A MARRIED WOMAN OF HER REAL ESTATE, UNDER THE ACT OF 1860, CHAPTER 90.

.........

This indenture, made the day of ......... in the year of our Lord one thousand eight hundred and sixty, between A. B., wife of C. D., of ........, of the first part, and ...... of ........, of the second part, witnesseth: that the said party of the first part, by and with the assent in writing, of her husband, above named, and for and in consideration of the sum of.. .., to her in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, remise, release, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain piece or parcel, &c., [set out the description,] together with all the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances; to have and to hold the same and every part thereof, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever.

In witness whereof, the said party of the first part has hereto set her hand and seal, the ........ day of...... in the year of our Lord, one thousand eight

hundred and sixty.

Sealed and delivered in

presence of

E. F.

A. B. [L. S.]

Acknowledgment as in No. 10. If the identity of the wife be proved to the officer, the certificate will be modified accordingly, as in No. 8, or some other form. (Gillet v. Stanly, 1 Hill, 121; 10 Paige, 342.)

Subjoined or endorsed on the deed should be the assent, in writing, of the husband, which may be in this form:

I, C. D., husband of A. B., the grantor in the above [or the within] deed, do.. by these presents, assent thereto.

In witness whereof, I have hereto set my hand and seal this

.....

..... day of

C. D. [L. S.]

Acknowledgment as in No. 1, if the party be known to the officer; and if not, let his identity be proved.

NOTE. (1.) Although the act of 1860, p. 157, authorizes a married woman to bargain, sell, assign and transfer her separate property, with the assent in writing of her husband, it does not empower her to bind herself by any covenants or warranty. (Whitbeck v. Cook, 15 John. 483. Jackson v. Vanderheyden, 17 id. 167. Grout v. Townsend, 2 Hill, 554. Teal v. Woodworth, 3 Paige, 470. Carpenter v. Schermerhorn, 2 Barb. Ch. 314.)

(2.) The conveyance, by a married woman, under the acts of 1848 and 1849, (L. of 1848, p. 307; L. of 1849, p. 528,) does not require the assent of the husband, and will, in other respects, be like the above, No. 47, and must be duly acknowledged.

(3.) The act of 1860 does not require the assent of the husband to the conveyance of his wife to be under seal, or to be acknowledged, or proved, or recorded; but it is recommended, as a matter of prudent precaution, that it should be under seal, and be acknowledged or proved, and recorded with the deed.

No. 49.

THE LIKE, WHEN THE ASSENT OF THE HUSBAND CANNOT BE PROCURED BY REASON OF HIS REFUSAL, ABSENCE, INSANITY, ETC., AND LEAVE HAS BEEN GIVEN TO THE WIFE BY THE COUNTY COURT TO MAKE THE CONVEYANCE, WITHOUT THE ASSENT OF THE HUSBAND.

This indenture, &c., same as in No. 48, except instead of the words in italics by and with the assent of her husband, insert, in pursuance of the order of the county court of the county of a copy whereof is hereto annexed, and in consideration of the sum of [the same as in the last precedent.]

........