gage to the faid W. S. of Therefore know ye, That I the faid C. D. in confideration of the fum of to me in hand paid before the enfealing hereof, by the faid W. S. do by these prefents grant, bargain, fell, transfer, affign and make over to the said C. D. his heirs and affigns forever, the faid [premifes] To have and to hold the fame to him the faid W. S. his heirs and affigns forever as fully and in as ample manner as I the faid C. D. my heirs or affigns might hold and enjoy the fame by virtue of the mortgage deed aforefaid, and no otherwife. And I do for myself, my heirs, executors and adminiftrators, hereby authorize and empower the said W. S. his heirs, executors and adminiftrators, to receive to his and their own use the fum or fums mentioned in the condition of faid deed, whenever the fame fhall be tendered or paid to him or them by the faid A. B. his heirs, executors or adminiftrators agreeable thereto, and to discharge the faid mortgage, or reconvey the premises upon redemption thereof, as by law is provided, as fully to all intents and purposes as I the faid C. D. my heirs, executors or administrators might or ought to have difcharged or reconveyed the fame in cafe of fuch tender, payment or redemption as if this affignment had not been made.

And I do for myself, my heirs, executors and administrators covenant with the faid W. S his heirs and affigns, that I have good right to affign the faid premifes] as aforefaid, and that he the faid W. S. fhall and may have, hold, occupy, poffefs and enjoy the fame (fubject however to the right of redemption, as by law in fuch cafes is provided) against the lawful claim of all perfons.

In witness, c.

An Affignment of a Mortgage for a Term of Years.

T

of

HIS indenture, made, &c. between A. Z. of the one part, and C. E. of of the other part. Whereas A. Z. by his indenture bearing date the [and fo recite the mortgage] as in and by the faid indenture, reference being thereunto had, may more fully appear : which faid fum of or any part thereof, was not paid or tendered to or for the faid A. Z. at the day in the provifo of redemption limited for payment thereof, and yet remaineth unpaid; by reafon whereof the faid meffauge and other

.

to

premises, and the whole eftate, right, title and interest of the faid C. E. in and to the fame, became forfeited unto the faid A. Z. and he thereby was and now is lawfully interefted and poffeffed in and of the faid premifes, and of and in every part thereof, during the refidue of the term of years which then were and now are to come and unexpired, in and by the faid indenture of demife abovementioned, granted to the faid C. E. Now this indenture witneeth, That the faid C. E. for and in confideration of the fum of him in hand paid, the receipt, &c. [See affignment of leafe] hath, &c. All the faid meffuage, tenement and premises, with the appurtenances whatsoever, in and by the faid indenture of demife granted to the faid A. Z. as aforefaid; And alfo all the estate &c. by virtue of the faid recited indenture of mortgage or affignment above recited, or of any thing therein mentioned or contained, together with the said indenture of mortgage or demife aforefaid; and all other writings relating to or concerning the fame: To have and to bold [as in the affignment of a leafe] by force and virtue of the faid recited indenture or leafe, or the faid indenture of mortgage aforefaid, or either of them, or any thing therein mentioned or expreffed, or otherwife howfoever. (And a covenant for difcharge of incumbrances, &c.)

In witness, &c.

An Affignment of an Annuity devifed by Will, &c.

TH

HIS indenture made, &c. between A. B. of of the one part, and H. L. of of the other part, witneffeth, that whereas L M. late of deceased, did by his laft will and teftament in writing, devife unto the faid A. B. an annuity, yearly fum, or an annual rent of one hundred dollars to be iffuing, payable, and yearly going out of all and every the meffuages, lands, tenements and hereditaments of him the faid L. M. whatfoever and wherefoever the fame lie, and to be paid yearly and every year from and after his decease, unto the faid A. B. during the life of the faid A. B. (with a power of distress to and for the said A. B. upon non-payment thereof, or for any part or parcel thereof) as in and by the fame laft will and teftament may more fully appear; which faid annuity, hath, ever fince the death of the faid L. M. been fatisfied and paid unto him the

aid A. B. according to the tenor, puport and true intent and meaning of the faid will: Now this indenture further witneeth, That the faid A. B. for and in confideration of the fum of unto him in hand paid by the faid H. L. before the fealing and delivering hereof, the receipt whereof the faid B. doth hereby acknowledge and thereof and therefrom doth acquit and difcharge the faid H. L. his executors, &c and every of them, by these presents; and alfo for divers other good caufes and confiderations him thereunto moving, he the faid A B. hath granted, bargained, fold, affigned and fet over, and by thefe prefents doth, &c. unto the faid H L and his affigns, all and every part of the aforefaid annuity, yearly fum, or rent of 100 dollars, and all the eftate, right, title. intereft, liberty, benefit, (and power of diftrefs and diftreffes) ufe, poffeffion, claim and demand whatfoever, which he the faid A. B. now hath or may or in any wife ought to have, of, in or unto or for the faid annuity, or yearly fum or annual rent of 100 dollars before mentioned; to have and to hold, receive, perceive, enjoy and take the faid annuity, or yearly fum or rest of Ico dollars, and all the eftate, right title, and intereft, liberty benefit, (and power of diftrefs and diftreffes) ufe, poffeffion, claim and demand whatfoever of him the faid A. B. of, in and unto the fame, and of, in and unto every part and parcel thereof as aforefaid, unto the faid H. L. and his affigns, immediately from and after the making of thefe prefents, for and during the term of the life of the faid A. B. and in as large, ample and beneficial a manner, to all intents and purpotes, as he the faid A B may, can, might, could, fhould, or ought to have or enjoy, the fame. And, &c. (add a covenant for peaceably receiving, &c. the annuity; and a cove nant that the annuity is free from incumbrances.)

In witness, &c.

Affignment of a Man's whole Eftate in Confidera. tion of feveral Debts and Engagements.

O all people to whom these prefents fhall come, I, B. C of fend greeting. Whereas I am indebted in the fum of

unto G. H. of

and the faid G. H. and one C. E.. of

dollars

fland jointly

and feverally engaged for me the faid B.C. in feveral

D

bonds or obligations for feveral fums of money :- Now know ye, That I the faid B. C. for and towards the payment and fatisfaction of the faid monies, and for divers other good caufes and confiderations me thereunto moving, have granted, affigned, bargained and fold, and by these prefents do freely and abfolutely grant, affign, bargain and fell unto the faid G. H. and C. E. all and all manner of goods, chattels, debts, monies and all other things of me the faid B. C. whatsoever, as well real as perfonal, of what kind nature and quality foever; To have and to hold the fame, and every part and parcel thereof, unto them the faid G. H. and C. E. their executors, adminiftrators and affigns forIn witness, Sc.

ever.

K

paid by J. L. of

An Affignment of a Meffuage for a Term of Years by Way of Indorsement, and of a Bond for Payment of the Mortgage Money, and for Performance of Covenants, with a Letter of Attorney. NOW all men by thefe prefents, that I the within named S. C. in confideration of to me in hand the receipt, &c. and for divers other good cauíes and confiderations me hereunto efpecially moving, have bargained, fold, affigned, and set over, &c. and by thefe prefents do bargain, &c. to the faid J. L. his executors, adminiftrators and affigns, all, &c. the within indenture of demife, and premifes thereby granted and demifed, or mentioned or intended fo to be, and every part thereof, with the appurtenances; and all my eftate, right, title, intereft, term of years to come, property, claim, and demand whatsoever, either in law or equity, of, in or to the fame or any part thereof: And alfo one bond or obligation bearing even date with the within indenture, whereby the within named S. C. became bound to me in the penal fum of conditioned for the payment of

un

within mentioned, and for the true performance of the feveral covenants in the within indenture mentioned, and all and every fum and fums of money due, or to grow due thereon To have and to hold the faid feveral, &c. and premifes by the within indenture granted and demised, with their appurtenances, unto the faid J. L. his executors,

adminiftrators, and affigns from henceforth, for and during the refidue and remainder now to come and unexpired of the within term of years, fubject to the provifo within contained; and to have, receive and take all and every fum and fums of money due or to grow due upon the faid bond to the faid J. L. his executors, adminiftrators and alfigns, to his and their own proper ufe and behoof: And I the faid S. C. do hereby make the faid J. L. his executors, administrators and affigns, my true and lawful attorney and attornies, [as in the letter of attorney in the affignment of a bond, mutatis mutandis.] And I the faid S. C. do hereby for myself, my heirs, executors, and adminstrators covenant, &c. That the mortgage is not incumbered, Sc. In witness, &c.

OF AWARDS OR ARBITRATIONS.

A

N award is the judgment and arbitration of one or more perfons, chofen by perfons who are at variance, for determining the matter in controverfy according to the ub miffion of the contending parties.

It is convenient that the award be in writing.

It ought to be made with refpect to perfons and things according to the fubmiffion.

It ought to be beneficial, and appoint fomething advantageous to either party.

It must be poffible, lawful and reasonable. It should be certain and final.

In cafe of a doubtful conftruction thereof, it fhould be expounded according to the intent of the arbitrators.

The Form of an Award made by two Arbitrators.

T

O all to whom thefe prefents fhall come, we E. G› of, &c. and G. H. of, &c. fend greeting. Whereas there are feveral accounts depending, and divers controver

For the form of a Submiffion, fee under the article Bands