for himself, his executors, administrators, and assigns, covenant, pro-
mise, and agree with and to the said (vendor), his heirs and assigns,
in the manner following, (that is to say) that the said (purchaser),
his executors and administrators, shall and will, within the said
space or period of
calendar months from the date of these
presents, fell and carry away the said timber and other trees, lop-
pings, and premises hereby bargained and sold, or mentioned or in-
tended so to be; and at his or their own proper costs and charges,
fence, amend, and repair all the hedges and fences in and about the
premises, in all such places as shall be broken, trodden down, or
otherwise unavoidably damaged or destroyed in felling and severing
the said timber and other trees, he and they taking sufficient hedge-
bote from the said grounds for the doing of the same.
NESS, &c.

IN WIT

BARGAIN AND
SALE.

Timber

(purchaser).

fell the trees in the given time.

And repair

depart this life at any time before the said trees so hereinbefore bar-
gained and sold, or mentioned or intended so to be, shall have been
felled and severed from the inheritance of the same premises, unless
the said (purchaser) shall or may be lawfully prevented from taking
and carrying away the same, according to the true intent and mean-
ing of these presents, then and in such case the executors or admi-
nistrators of the said (vendor) shall, within the space of
after his decease, pay or allow unto the said (purchaser), his execu-
tors, administrators, and assigns, the value of such or so many of the
said trees so hereby bargained and sold, as shall then remain un-
felled and unsevered, after the rate and according to the price or
sum at which the same have been now sold."

rance, part of purchase money to be returned.

SCHEDULE

ABOVE REFERRED TO.

A bargain and sale of timber or other personalty need not be Need not be enenrolled, as the statute 27 Hen. 8. c. 16. extends only to bargains and rolled. sales of estates of inheritance, enuring to pass a freehold. If, however, timber be conveyed by the same bargain and sale with freehold lands it will not pass without enrolment. See Liford's Ca. 11 Co. 52. Ad-valorem Stamp.

Stamp.

MILL OF SALE.

Goods (purchaser or mortgagee).

No. CLXXVII.

A Bill of Sale (or Bargain and Sale) of Goods, &c. (1), for

securing the Payment of a Sum of Money.

Variations, where it is given as a Collateral Security only, and is accompanied by a Bond or Warrant of Attorney.

Where in

satisfaction of Rent owing. Also where it is made to a Purchaser.

Recital of debt.

THIS INDENTURE, made the

day of

, in the

,

year of the reign, &c. and in the year of our Lord 18 BETWEEN (the bargainor) of, &c. of the one part, and (the bargainee) of, &c. of the other part. WHEREAS (2) the said (bargainor) is indebted unto the said (bargainee) in the sum of £ (3) and being at

Bill of sale is of personal, and

bargain and sale of real property.

Sale to purcha

ser.

Bond or warrant of attorney.

Recital of bond.

(1) A bill of sale, and a bargain and sale, whether of goods or other personalties, are precisely of the same kind as to their operation and technical import; but where the instrument has reference to things of a real nature, or such as, in the phrase of Mr. Justice Blackstone, savour of the realty," it is usually styled a bargain and sale; and where to things merely personal, as household goods, &c. a bill of sale. (2) If the bill of sale be made to a purchaser, say,

"Whereas the said (purchaser) hath contracted with the said (vendor) for the absolute purchase of the several goods, chattels, and furniture and effects mentioned in the inventory or schedule thereof, hereunder written, at or for the price or sum of £

(3) If the bill of sale be intended to accompany a bond or warrant of attorney as a collateral security, say,

"Whereas the said (debtor) hath executed a bond, or obligation, [or warrant of attorney] in writing under his hand and seal, bearing or intended to bear even date with these presents, in the penal sum of L with a condition [or defeazance] thereunder written, for making void the same on payment of the sum of £ and interest after the rate of 5 per cent. per annum, on the

day of

now next ensuing. AND WHEREAS it hath been

Now

present unable to pay (1) the same hath agreed to make such assign-
ment or bill of sale to him of the goods, chattels, furniture, and ef-
fects mentioned in the schedule hereunder written, for the better
securing the payment thereof, as hereinafter is expressed.
this IndenturE WITNESSETH, that in pursuance of the said agree-
ment, and in consideration of the sum of £
so justly due
and owing to the said (bargainee) by the said (bargainor) at the time
of the sealing and delivery of these presents, as hereinbefore is men-
tioned (which the said (bargainor) doth hereby expressly admit and
acknowledge), [or for and in consideration of the sum of
of
lawful current money of England to the said (bargainor) in hand well
and truly paid by the said (bargainee) at the time of the execution
of these presents, the receipt whereof is hereby acknowledged,] HE
the said (bargainor) HATH granted, bargained, and sold, and by these
presents DoтH grant, bargain, and sell unto the said (bargainee), his
executors, administrators, and assigns, ALL (2) and singular the
household furniture, beds, bedding, plate, china, linen, glass, books,
pictures, and other the goods, chattels, and effects mentioned or de-

agreed that for better securing the payment of the said sum of
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the said (debtor) shall execute such bill of sale of the
goods and effects mentioned in the schedule hereunder written, as
hereinafter is expressed."

BILL OF SALE.

Goods (purchaser or mortgagee).

WITNESS.

That in consisum owing,

deration of the

(1) If the sale be in satisfaction of rent owing by the bargainor, say, Rent due. "AND WHEREAS the said (bargainor) is indebted to the said (bargainee) in the sum of £

for one year and a quarter's rent ending at last, for the messuage and farm, situated at and which the said (bargainor) is unable to pay. AND WHEREAS the household goods and furniture, and all other the goods and chattels, utensils, implements, effects, and things belonging to the said (bargainor) upon the said premises, have been appraised and valued by two sworn appraisers at the price and sum of L

as the full value thereof. AND WHEREAS the said (bargainee), in
order to save the trouble and expense of a distress, hath agreed to
accept an assignment from the said (bargainor) of the said house-
hold goods and furniture which are hereinafter mentioned in full
satisfaction of the said debt or sum of £
due to him

the said (bargainee). Now THIS INDENTURE WITNESSETH that,"
&c. as above.

(2) If the assignment is of a ship's cargo, say, "All those and such the goods, wares, merchandize, and cargo, as and which in or by one certain bill of lading bearing date the

Cargo.

BILL OF SALE.

Goods

(purchaser or mortgagee). the debtor bar

gains and sells

the furniture.

creditor.

scribed in or by the inventory or schedule thereof hereunder written or hereunto annexed, and all the estate, right, title, interest, property, claim, and demand whatsoever, both at law and in equity, of him the said (bargainor) of, in, or to the same and every of them respectively (1), TO HAVE AND TO HOLD and take and enjoy the said household and other furniture, goods, chattels, and effects, and all To hold to the and singular other the premises hereinbefore bargained and sold, or mentioned or intended so to be, with their and every of their rights, members and appurtenants, unto and by the said (bargainor), his executors, administrators, and assigns, to and for his and their own proper use and benefit (2), subject nevertheless to the proviso for redemption of the said premises hereinafter contained; (that is to say) PROVIDED ALWAYS, and it is hereby agreed between the said parties to these presents, that if the said (bargainor), his executors, administrators, or assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said (bargainee) or his certain attorney, executors, administrators, or assigns, the sum of L of law

Proviso for redemption.

Sale to a purchaser.

Rent.

day of

,

, are mentioned to have been shipped and

,

A. B. commander, and then in

being on board the ship
the River Thames (or as the case may be), bound for
and consigned to the (assignor), and which said goods, wares, mer-
chandize, and cargo, are or are mentioned to be more particularly spe-
cified by and numbered and marked in the margin of the said bill' of
lading and in triplicates thereof therein referred to, as by refer-
ence, &c.
AND all other the goods, wares, merchandize, and
cargo in or on board the said ship, of or belonging to the said
(assignor), and which said bill of lading is or is intended to be as-
signed unto the said (assignee) by indorsement thereupon, according
to the custom of merchants, and which are also or are intended to be
hereunto annexed."

(1) If the bill of sale be to a purchaser, add,

"AND of which said goods, furniture, and effects, the said (vendor) hath this day put the said (purchaser) in actual possession, by delivering unto him a chair, in the name and in lieu of the whole thereof." See post. p. 56, note**.

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(2) If the sale be for rent arrear, say,

In full satisfaction and discharge of the said rent or sum of , so due and owing to him the said (bargainee) by the said (bargainor) as aforesaid, and all subsequent and accruing arrears thereof."

of

BILL OF SALE

Goods

(purchaser or

mortgagee). Proviso for re

demption.

ful, &c. on the with interest for the same after the rate of £5 per cent. per annum in the mean time, by even quarterly payments, then these presents, and every clause, article, con dition, and thing herein contained, shall cease, determine, and be utterly void; otherwise to be and remain in full force, virtue, and effect. AND the said (bargainor), for himself, his executors, and Warranty. administrators, all and singular the said goods and merchandizes unto the said (bargainee), his executors, administrators, and assigns, against him the said (bargainor), his executors, administrators, and assigns, and against all and every other person or persons whatsoever, shall and will warrant and for ever defend by these presents: [* AND the said (bargainor) for himself, his executors, and adminis Covenant to pay trators, doth covenant and grant to and with the said (bargainee), his executors, administrators, and assigns, by these presents in manner following; (that is to say,) that he the said (bargainor) his executors and administrators, shall and will well and truly pay or cause to be paid unto the said (bargainee), his executors, administrators, or assigns, the said sum of L at the time and in man

,

the debt.

ner aforesaid, according to the true intent and meaning of these presents. AND also that if the said (bargainor), his executors or ad- Quiet enjoyment ministrators, shall make default in payment of the said £

day of

on default.

or any part thereof, on the said , herein before for that purpose mentioned, then the said (bargainee), his executors, administrators, and assigns, shall and may peaceably and quietly have, hold, and enjoy to his and their own proper use and behoof for ever the said goods, chattels, effects, and premises, by these presents bargained and sold, or otherwise assured, or intended so to be, and every part and parcel thereof, with all and singular the appurtenances, without any lawful let, suit, trouble, molestation, or denial of the said (bargainor), his executors or administrators, or any other person or persons whatsoever. AND the said (bargainee), for himself, his execu- And re-delivery tors, administrators, and assigns, doth covenant, promise, and agree to and with the said (bargainor), his executors, administrators, and assigns, by these presents, that he the said (bargainee), his executors, administrators, and assigns, shall and will immediately upon the receipt of the said sum of £ according to the true intent and meaning of the condition aforesaid, upon the request of the said (bargainor), well and truly deliver unto the said (bargainor), his executors, administrators, or assigns, all and every the goods, chattels, and effects enumerated or mentioned in the inventory or schedule hereunder written or hereunto annexed, in as good plight and `·

on payment.