ing, &c. )] contrary to a law of the Commonwealth in fuch cafes made and provided. Wherefore your complainant prays, that having duly notified the faid apprentice, and alfo the faid (father, guardian, or Selectmen of the town for the time being, where Selectmen approved of the indenture, as the cafe may be) and heard the parties hereon, this court would render judgment that he (or fhe) be discharged from the contract of fervice (or apprenticeship) aforefaid, and every article thereof obligatory on _him (er her) and for his (or her) cofts. R. P.

A

OF CONVEYANCES..

CONVEYANCE is a deed which paffeth lands and tenements from one man to another.

Of these deeds and conveyances, there are feveral forts: That is to fay,

LANDS MAY BE CONVEYED, BY

Obfervations upon thefe, and Forms for the alienation of eftates thereby, may be feen under their refpective heads.

OF COVENANTS.

COVENANT is the confent or agreement of two or

A more perfons, made by deed in writing, to do or not

to do, fome act or thing, contracted between them, and ought to be fealed and delivered.

All covenants between perfons, must be to do what is pof fible and lawful, or they will not be binding.

Jacob's Dict. All covenants muft, as to time or place, be exactly performed, and no caufe of action can arife from thence till

fome breach thereof.

If no time be limited for the doing of a thing, it fhall be done in a reasonable time. Wood's Inft. Covenants are generally taken most strongly against the covenantor and for the covenantee; but it is a rule in law, that where one thing may have feveral intendments, it shall be conftrued in the most favourable manner for the covenantor, and the last words (that are general) in a covenant shall be expounded by the firft words, which are fpecial and particular.

Where there is any agreement under hand and feal, action of covenant may be brought on it.

Jacob's Dict. Where one, by his own act, difables himself to perform a covenant, it is a breach of it. Wood's Inft.

Every contract or agreement ought to be diffolved by matter of as high a nature as it was made.

Ibid.

A Covenant for payment of Rent, and Performance of Covenants of a Leafe affigned, and to indemnify the Affignor therefrom.

A

ND the faid C. D. (here name the affignee) for himself, his heirs, executors, adminiftrators and affigns, doth covenant, promife, grant and agree, to and with the faid A. H. his executors and adminiftrators, and every of them by thefe prefents, in manner and form following (that is to fay) that he the faid C. D. his executors, adminiftrators or affigns, fhall and will, from time to time and at all times hereafter, well and truly pay the rent and perform the covenants and agreements in the faid in part recited indenture of lease referved and contained, which on the tenant's or leffee's part are, or ought to be paid, done, performed and kept, according to the true intent and meaning of the faid indenture of leafe, and thereof and therefrom, and of, from and against all actions, fuits, cofts charges, expenfes, troubles, damages and demands whatsoever, which fhall or may arife, happen,

be commenced or profecuted against the faid A. H. his heirs, executors or adminiftrators, or which he or they shall or may sustain, fuffer, or be put unto, for or by reafon or means of the non-payment of the faid rent, or the breach or non-performance of the faid covenants or agreements, or any of them, fhall and will at all times hereafter well and fufficiently fave, defend, keep harmless and indemnify the said A. H. his heirs, executors and administrators, and every of them, by these presents. In witness, &c.

A Covenant in a Leafe, that the Leffor may, upon fix Months Notice, take Part of the Premifes into his own Hands.

A

ND also that if the said A. M. his executors, admin-. istrators or affigns, fhall at any time, during the term hereby granted unto the faid C. D. as forefaid, be inclined to take the shop, now in the poffeffion or occupation of, &c. (being part of the meffuage or tenement hereby demised) into his or their own hands, ufe or poffeffion, otherwise to let or difpofe thereof, and shall give unto the faid C. D. his executors, administrators or affigns, fix months notice in writing of fuch his or their mind or intention, that at or imme diately after the end or expiration of the said fix months, it fhall or may be lawful to and for the said A. M. his execu- . tors, administrators or affigns, to enter upon, have, hold,, occupy and enjoy the faid fhop, from thenceforth, for and during all the rest, residue and remainder of the faid term,, which fhall be then to come and unexpired: the faid A. M. hereby covenanting, promifing and agreeing, that he the faid A. M his executors and adminiftrators, fhall and will difcount and allow, or otherwife, that it fhall and may be lawful to and for the faid C. D. his executors, administrators and affigns, to deduct and retain the fum of, &c. yearly and every year, out of the faid rent of, &c. hereby referved, which is to be in full fatisfaction for the faid fhop; any thing herein contained to the contrary thereof, notwithstandi ing.

G.2

A Covenant or Provifo in a Leafe, allowing the Tenant to be free before the End of the Term granted.

ROVIDED also, and it is hereby covenanted and

agreed, by and between the faid parties to thefe prefents, that if he the faid C. D. his executors, administrators or affigns, fhall be defirous to leave the said premises at the end of feven years, or fourteen years, after the commencement of this prefent leafe or demife, and thereof fhall give fix months notice or warning, in writing, under his or their hands, unto the faid A. M. his heirs, or affigns [If the lef for have only temporary intereft, then wrile, executors, &c. as before directed; for which fee Leafes] of fuch his or their mind and intention, immediately preceding the determination of the faid term or time of seven years, or fourteen years refpectively; that then and immediately after the expiration of the faid term of seven years, or fourteen years refpectively and of fuch respective notice given as aforefaid, the term and estate of twenty-one years hereby granted, as aforefaid, fhall ceafe, determine, and be utterly void; any thing in these presents contained to the contrary thereof in any wife, notwithstanding.

NOTE. This covenant or provifo muft immediately follow the provifo for re-entry on non-payment of rent.

An Indenture of Copartnership between two Book

fellers.

HIS indenture made the

TH

Lord

er of

the

day of

in

and in the year

of

Our

year of between E. H. citizen and stationer of of the one part, and T. L. alfo citizen and stationaforefaid, of the other part, witnesseth, That the faid E. H. and T. L. having had experience of each other's care and fidelity, in confidence thereof, for the future have agreed upon a copartnership and joint trade, in carrying on the trade of printing and bookfelling, and therefore each of them doth refpectively, and for their several and refpective executors and administrators, promife and agree, to and with the other of them his executors and administrators, by these presents, that from and af

covenant,

day of

ter the next enfuing the date of these presents, they the faid E. H. and T. L. fhall be and continue copartners and joint traders in the art, trade, mystery and business of a bookfeller, (that is to fay) in buying, felling, vending, exchanging, printing, and uttering of all forts of books and other things incident and belong. ing to the trade of a bookfeller; and alfo in the management and doing of all fuch other bufinefs, as they shall think fit and mutually agree and confent to trade in, for and during the term of feven years, from thenceforth next enfuing, and fully to be complete and ended, if they fhall both fo long 'live. And for the carrying on of the faid joint trade, each of the faid parties to thefe prefents doth covenant, promife, grant and agree, to and with the other of them, that they will each of them bring in severally into the faid joint trade and stock, in money and goods, to be used in the faid trade, on or before the faid day of next enfuing the date hereof, the full fum or value of lawful "money, to be used and employed in the faid joint trade upon the faid joint account. And it is herein and hereby also mutually covenanted and agreed, by and between the faid parties to these presents, that the faid trade of a bookfeller fhall be carried on and managed at the shop and warehouse at the or at any other place they the faid parties to these prefents fhall agree upon for that purpofe. And for the orderly proceeding in and carrying on of the faid intended trade or bufinefs, it is mutually covenan ted, concluded and agreed upon, by and between the faid parties to thefe prefents, and each of them doth for himself refpectively covenant, promife, grant and agree to and with the other of them, his executors and administrators, by these prefents, in manner, and form following, (that is to fay) that they the said E. H. and T. L. fhall be just and faithful to each other in all their buyings, fellings, accounts, reckonings, difbursements and dealings, concerning the faid copartnership, and fhall each of them endeavour by all just care and diligence to advance and promote the faid joint trade and ftock, without fraud or deceit, and give their attendance upon the faid trade: And alfo that the faid E. H. his executors or adminiftrators, shall have the full intereft, right or property of, in, and unto one moiety or half part of the faid joint stock of books, copies, and other things belonging to

fituated in