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faid H. J. for himself, his executors and administrators, all and fingular the faid goods, &c. by thefe prefents granted, bargained and fold, and every part thereof, unto the said K. L. his executors, adminiftrators, and affigns, against him the faid H. J. his executors and administrators, and against all and every other perfon and perfons whatsoever, fhall and will warrant and forever defend by these presents. And the faid K. L. for himself, his heirs, executors and administrators, doth covenant, promise, grant and agree, to and with the faid H. J. his executors and administrators, that he the faid K. L. his executors, administrators or affigns, fshall and will immediately, upon the receipt of the faid fum of, &c. and intereft as aforefaid, at the day and time above limited for payment thereof, deliver or caufe to be delivered unto the faid K. L. his executors, administrators and affigns, all and fingular the goods, &c. above granted, and which are now, and at the time of the executing of these presents, received by the faid K. L. of and from the faid H. J. in as good cafe, plight and condition as the fame and every of them now are at this present time.

In witness, &c.

OF PETITIONS.

HE following forms may be of ufe in the Commonwealth of Maffachusetts.

ΤΗ

Petition to the Governour.

To his Excellency C. S. Efq. Governour of the Commonwealth of Maffachusetts.

THE petition of A. B. of, &c. humbly fhews, That, &c.

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Dated, &c.

Petition to the General Court, or Legislative Body.

To the Honourable Senate and the Honourable House of
Reprefentatives of the Commonwealth of Maffachusetts in
General Court affembled.
(A. D. 18.)

HE petition of A.B. of, &c. humbly fhews, That, &c.

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Application to the Supreme Judicial Court, or Court of Common Pleas, for a Partition of Lands.

To the Honourable Juftices of the and holden at

TH

Court, &c. begun

within and for the county of

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That your

HE petition of A. B. of, &c. humbly fhews, That he is interested with C. D. of, &c. (or others to him unknown, as the cafe may be) in [Here defcribe the "lot, tract of land, or other eftate" propofed to be divided.] petitioner is defirous to hold and enjoy his part or fhare in faid ( eftate) being &c. in feveralty. He therefore prays that your Honors would order partition thereof to be made, and his faid part or share fet off and divided from the reft, agreeably to a law of the Commonwealth in fuch cafes made and provided.

A. B.

Of this petition notice is to be given to all perfons interested, which the clerk, by order of court, may make out in the form following, viz.

At a Court for Common Pleas of the county of

and bolden at

in faid county, on the

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begun Tuesday

ON the petition of A. B. of, &c. fhewing, That he is interested in, &c. (as fet forth in the petition.)

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that he is defirous to hold and enjoy his fhare of, &c. being in feveralty, and therefore praying that partition thereof might be made, and his share set off and divided from the reft, agreeably to a law of the Commonwealth paffed A. D. 1784, entitled" an act for the more eafy partition of lands, or other real estate.'

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Ordered, That the petitioper caufe the feveral perfons interested in faid eftate, and living within the ftate, or the attornies of fuch as are abfent, and have attornies refiding within the ftate, to be duly notified of faid petition, for ferving them perfonally with a copy thereof, or leaving a copy at their dwelling-houfe, or laft place of abode, or by inferting the fubftance of the fame three weeks fucceffively, in one or more of the publick newspapers, that they may have opportunity to make their exception to this court on the Tuesday of

next to their granting the fame.

Atteft, S. F. Clerk.

If no exception be made, the clerk, by order of court, will make out a warrant or commiffion to five or three freeholders appointed by the court, who fhall, under oath, make partition and return the fame into the clerk's office of the faid court, which warrant or commiffion may be as follows, viz.

Commonwealth of Massachusetts.

To E. F. G. H. and I. K. of, &c. and freeholders, greeting.

WHEREAS A. B. of, &c. by his petition which was which was begun and

prefented to the

holden at

day

Court

in our

faid county of on the

A. D. 18

Tuef

reprefented that he is interefted as

tenant in common with, &c. (as in the petition is fet forth.)

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being

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that he is defirous to hold and enjoy his share of the faid in feveralty, and therefore praying that partition thereof might be made and fhare fet off and divided from the reft, agreeably to a law of the Commonwealth, paffed A. D. 1784, entitled "an act for the more eafy partition of lands or other real estate;" upon which petition the court then ordered that the petitioner cause the sereral perfons interefted in faid eftate to be notified thereof, agreeably to the directions of faid law. The faid petition. was continued, &c. And it appearing to this court that fuch notice has been given, and proclamation being made at faid Court, that if any perfon had ought to object why partition fhould not be made, to come forth and declare it ; and no perfor appearing, The court did therefore, by virtue of the power granted to it, by the law aforefaid, appoint and authorize you, and you are hereby authorized to make partition accordingly

You are to be under oath, and are to give previous notice to all concerned (that are known and within the state) that they may be prefent, if they fee meet, at the time of making the fame. The Court also appoint an agent for the par

ties unknown.

When you have made fuch partition you are to make return thereof, to the clerk's office of the faid court.

Witness

Efq. at

Oath.

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in the year of our Lord

S. F. Clerk.

Cf. 18 THEN perfonally appeared before me the subscriber, one of the justices of the peace for the faid county of the within named E. F. G. H. and I. K. and made oath that in executing the truft committed to them by the within warrant, they would act faithfully and impartially according to their best skill and judgment.

S. F.

If any of the facts alleged in the petition, should be controverted by any of the tenants in common, the answer or objection must be made in writing in the form of a plea, to which the petitioner may reply or demur; and the matter in difpute being reduced to an iffue in law or fact shall be determined by the court or jury, as other iffues are deter mined.

In this cafe the form of the foregoing warrant fhould be fo far altered, as that instead of the words printed in Italicks, the appearance of the refpondent, his plea, and the determination on the iffue gained, and the judgment of court, should be set forth.

Report.

PURSUANT to an order of the Court of Common Pleas for the county of begun and holden at

within and for faid county, on the

A. D. 18 tion of

Tuesday of

appointing and authorizing us to make parti(as defcribed in faid order.)

Or, If written upon the back of the Warrant, fay,

PURSUANT to the within order of court, we the fubfcribers, having been firft fworn, and having given notice to all concerned, have made partition of faid (or of the

land therein defcribed) and fet off to A. B. for his share of the fame as follows, viz. (Here defcribe the faid A. B's..

Share)

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Given under our hands this

day of

E. F.

G. H.

I. K.

NOTE. This return being returned into the clerk's office as aforefaid, fhall be there recorded, and also recorded in the regiftry of deeds in the county where the eftate lies.

Application to the Court of General Seffions of the Peace, to lay out or alter a Highway or com mon Road.

To the Honourable Juftices of the Court of General Seffous of the Peace, for the county of

holden at

Tuesday of

T

in the faid county, on the

A. D. 18

begun and

HE petition of A. B. C. D. &c. humbly fhews, That a new. highway, or common road, from

- road from

to

to

is much wanted, (or that the highway or common may with greater conveniency be turned or altered) [Here particular reafons for fuch new way or alteration inay be fet forth.]

Your petitioners therefore pray that your Honours would appoint a committee of five difinterefted fufficient freeholders in the faid county, to lay out fuch new way (or to make fuch alteration of the faid way) agreeably to a law of the commonwealth in fuch cafes made and provided.

Order of Court thereon.

A. B.

C. D.

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T. E. F. G. H. ¡. K. L. M. and N. O. of, &c. and five difinterefted Freeholders in faid county, Greeting.

WHEREAS A. B. C. D. &c. by their petition and application to this Court have reprefented that, &c. (Here. infert the fubftance of the petition). And it being determin

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