rices, the yearly sum of viz., on

IN WITNESS

in equal payments on the days following, and will, during the said term, provide for the said sufficient and suitable meat, drink, washing, and lodging.

AGREEMENT FOR DAMAGES IN LAYING OUT OR ALTERING A ROAD

on the application of the requisite number of legal voters residing within three miles of said road, as follows: Commencing

which road passes through the land of as follows, viz. :

being known and described

Now, therefore, it is hereby agreed between the said commissioners and the said that the damages sustained by the said by reason of the laying out and opening said road upon his land, herein before described, be liquidated and agreed upon at

dollars.

IN WITNESS WHEREOF, The said commissioners and the said have hereunto subscribed their names,

A. D. 186

this

(Signatures.)

day of

Commissioners of Highways

(113.)

AN AGREEMENT BETWEEN A PERSON WHO IS RETIRING FROM THE ACTIVE PART OF A BUSINESS, AND ANOTHER WHO IS TO CONDUCT THE SAME FOR THEIR MUTUAL BENEFIT.

between

of

ARTICLES OF AGREEMENT, Made, entered into, and concluded upon, this day of of the one part, and the said

A.D. of

of the other part: Whereas hath conducted and managed for some time past the and in consideration of the attenthereunto, the said

trade or business of the said tion and assiduity of the said is willing to continue the said in the management thereof, under the covenants, restrictions, and agreements hereinafter contained; and in consequence thereof, an inventory and appraisement hath been made and taken of the stock, and entered in two receipt-books, one of which is to remain in the custody of each of them, the said parties to these presents, and is subscribed by both of them, and the value of the said stock in the whole appears to the amount of the sum of Now these presents witness, that for and in consideration of the covenants and agreements

hereinafter contained on the part of the said

to be performed,

the said for himself, his executors and administrators, doth hereby covenant, promise, and agree, to and with the said that it shall and may be lawful to and for the said

and

from time

to time, during the term of eleven years, to be computed from the day of the date of these presents, if they the said shall jointly so long live, to trade with the said stock, and to manage and improve the same, in such manner as to the said direction of the said

under the shall seem meet; upon trust, nevertheless, and to the intent and purpose that the said shall and do, by and out of the money which shall arise by sale of any part or parts of the said stock, buy such goods as shall be requisite to keep up and continue the present quality and value thereof, and by and out of the profits which shall arise from the trade and dealing, in the first place yearly and every year, pay the whole rent of the said house and shop, and pay and discharge all taxes which now are, or shall hereafter be, assessed or imposed on him the said or the said on account of the said house and trade; and in the next place, to pay to him the said or his assigns, yearly and every year during the said term of eleven years, if they the said and shall so long live, one clear annuity by equal half-yearly payments, on the day of

or yearly sum of day of

and the

without any deduction

or abatement whatsoever, and subject thereto, to retain the residue and overplus of the profits which shall arise from his trade and dealing, to and for his own sole use and benefit, as a recompense and satisfaction for hig care and trouble in the sale and management of the said stock. And the said in consideration of the premises, and of the covenant and agreement hereinbefore on the part of the said contained, doth for himself, his executors and administrators, covenant, declare, and agree that he the said shall and will, from time to time, and at all times, for and during the said term of eleven years, if they the said and shall so long jointly live, diligently apply himself to the care and management of the said stock, trade, and business, according to his best skill, abilities, and discretion, and apply and dispose of the money which shall arise from the sale thereof, and all the profits of his trade and dealings, to answer and discharge the trusts hereby reposed in him, in such manner as hereinbefore is directed, declared, or expressed. And also shall and will write true and perfect entries, in proper books of accounts, of all such goods as shall be sold, and of all moneys which shall be paid and received by him, and permit the same, from time to time, to be inspected by him the said or such other person or persons as he shall appoint. And further, that he the said shall not nor will, at any time during the continuance of the said term of eleven years, buy or sell, or in any wise trade or deal in his own name, but in the name only of him the said upon the trusts aforesaid; nor do any act whatsoever, whereby the said stock, or any part thereof, may be attached, or taken in execution. And also that at Christmas next, and so at every succeeding Christmas during the said term of eleven years or oftener, if thereto required by the said

he the said

shall and will take a full account in writing of the said stock, then remaining in the said trade, and of the profits thereof, and deliver the same to the said in order to manifest to him a true state thereof, and of his proceedings in the trade by him carried on therewith. And at the expiration, or other sooner determination, of the said term of eleven years, he the said his executors or administrators, shall his executors or administra

and will deliver up to him the said tors, the stock then remaining, for his or their own use and benefit, to the value of the sum of losses by bad debts, decay of goods, and

other inevitable casualties excepted. WITNESS our hands and seals, this

the year 18

day of
(Signatures.)

in

(Seals.)

In presence of

(114.)

situate

to

to make, erect, build, and finish, in a good, substantial, and workmanlike manner, upon said be built agreeable to the draught, plans, explanations, or specifications, furnished or to be furnished to said by of good and substantial materials; and to be finished complete on or before the day of covenant and agrees dollars, as follows:

to pay to said

And said

for the same

Security against mechanics' or other lien is to be furnished by said

prior to

payment by said

and

And for the performance of all and every the articles and agreements above mentioned, the said do hereby bind themselves, their heirs, executors, and administrators, each to the other. in the penal sum of dollars, firmly by these presents. and

IN WITNESS WHEREOF, We, the said hereunto set our hands, the day and year first above written.

Executed and delivered in presence of

have

(Signatures.) (Seals.)

Contracts for building are among those frequently made, and also among those which require the utmost care. A specification, stating and describing all the things which the parties desire and intend to have done, should always accompany the contract; and it may be difficult for persons not accustomed to the work to remember and specify, and properly describe, all the things they

propose to have in the building; but all these things should be accurately and precisely stated in the specification, as far as possible; for from omissions or errors of this kind, cases and questions are constantly arising.

CHAPTER XIII.

ASSIGNMENTS.

The word "assign" usually occurs in almost all forms of transfer and conveyance; but there are certain instruments to which the name of "assignment" is more particularly given. They are instruments by which other instruments or debts or obligations, as bonds, judgments, wages, and the like, are transferred. Sometimes they are written on the backs of, or elsewhere on the same paper with, the instruments to be transferred by the assignment. Some of these, as assignments of deeds of grant and conveyance, of mortgages, of leases, will be given in the chapters which treat of those topics. Here are given such forms as will enable one to make an assignment for any of the purposes for which assignments are usually made.

FORMS ANNEXED TO THIS CHAPTER.

(115.) A brief form of an assignment, to be indorsed on a note, or any similar promise or agreement.

(116.) A general assignment, with a power of attorney.

(117.) An assignment of a bond.

(118.) An assignment of a bond, with a power of attorney, and

covenant.

(119.) An assignment of a judgment, in the form of an indenture. (120.) An assignment of wages, with a power of attorney.

(115.)

BRIEF FORM OF AN ASSIGNMENT, TO BE INDORSED ON A NOTE, OR ANY SIMILAR PROMISE OR AGREEMENT.

I HEREBY, for value received, assign and transfer the within written or the above written) together with all my interest in, and all

my rights under, the same, to (name of the assignee).

(Signature

(116.)

A GENERAL ASSIGNMENT, WITH POWER OF ATTORNE1.

for value

KNOW ALL MEN BY THESE PRESENTS, That I received, have sold, and by these presents do grant, assign, and convey unto (name of the assignee and description of the things assigned).

executors,

my true and lawful attorney,

TO HAVE AND TO HOLD the same unto the said administrators, and assigns, for ever, to and for the use of hereby constituting and appointing irrevocable in my name, place, and stead, for the purposes aforesaid, to ask, demand, sue for, attach, levy, recover, and receive all such sum and sums of money which now are or may hereafter become due, owing, and payable for, or on account of, all or any of the accounts, dues, debts, and demands above assigned giving and granting unto the said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary, as fully, to all intents and purposes, as might or could do, if personally present, with full power

of substitution and revocation, hereby ratifying and confirming all that the said attorney or substitute shall lawfully do or cause to be done by

virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, the one thousand eight hundred and

day of

unto annexed obligation named, for and in consideration of the sum of lawful money of the United States of America, unto

well and truly paid by at the time of the execution hereof, the receipt whereof hereby acknowledge, have assigned, transferred, and set over, and by these presents do assign, transfer, and set over unto the said (assignee), his executors, administrators, and assigns, to and for his and their only proper use and behoof, the said hereunto annexed obli gation, which is given and executed by date the payment of the sum of

day of

to

bearing

Anno Domini 18 to secure the with lawful interest therein expressed,

and all moneys, both principal and interest, thereon due and payable, or hereafter to grow due and payable, with the warrant of attorney to the said obligation annexed; together with all rights, remedies, incidents, and appurtenances whatsoever thereunto belonging or in any wise appertaining, and all right, title, and interest therein.