E. D. by the faid A. B. lawfully to be begotten; and for the default of such iffue, then to the ufe and behoof of the faid E. D. her heirs and affigns for ever, and to and for no other ufe, intent or purpose whatever.

And whereas the faid E. D. is alfo poffeffed of, or interested in, for the remainder of a term of ninety-nine years, (if fhe fhall fo long live) all that meffuage or tenement, with the appurtenances, fituated, &c. by virtue of a certain indenture of leafe thereof granted to the faid E. D. by L. M. of, &c. Now the faid A. B. for himself, his heirs, executors and adminiftrators, doth further covenant, grant and agree to and with the faid C. D. and E. F. their heirs and affigns, that they the faid A. B. and E. D. his faid intended wife (in cafe the faid marriage fhall take effect! fhall and will, by like good and fufficient conveyances in the law, fettle and affure the faid meffuage or tenement, with the appurtenances, in fuch manner, as that the fame may be held and enjoyed, and the rents and profits thereof may be had, received and taken by the faid A. B. and his affigns, during fo many years of the faid term, as he fhall hap pen to live; and from and after his decease then by the faid E. D. his faid intended wife, and her affigns, for and during fo many years of the faid term as fhe fhall happen to live: and from and after her decease, then by such children of the faid E. D. by the said A. B. to be begotten, in fuch a manner as it may not be in the power of the faid A. B. to defeat fuch their iffue; and for default of fuch iffue, then by the executors, adminiftrators or affigns of the said E. D. and upon no other truft, and to and for no other ufe, intent or purpose whatsoever. And forafmuch as the faid A. B. is not at prefent feized or poffeffed of an eftate fufficient to make a jointure for the faid E. D. his intended wife, equivalent to her fortune, the faid A. B. doth for himself, his heirs, executors and administrators, covenant, grant and agree to and with the faid C. D. and E. F. their heirs and affigns, that in cafe the faid intended marriage fhall take effect, and he the faid A. B. fhall happen to die in the life time of the faid E. D. that then he the faid A. B. fhall and will, by his laft will and teftament in writing, or otherwise, give and affure unto the faid E. D. the fum of 2000 dollars, of lawful money of or the full value thereof in lands, tenements, goods or chattels, to be at her own proper difpofal, and to be by her received and taken to her own proper use and benefit. In witness, &c.

To make an Alignment of a Leafe.

Article, &c.

THEREAS J. B. hath by his deed indented, dated, &c. demifed, and to farm letten unto the faid A. B. all that messuage, &c. To have and to hold to him the faid A. B. his, &c. (reciting the leafe) as by the faid deed more fully appears: Now the faid A. B. in confideration, &c. doth hereby for himself, &c. That he the faid A. B. before the &c. day of, &c. fhall and will, at the cofts of him the faid C. D. his executors or adminiftrators, by deed indented, affure, affign and grant over to the faid C. D. his, &c. the faid meffuage, &c. and all his eftate, right, title and demand therein: To have and to hold to the faid C. D. his, &c. during the refidue of the faid term of years then to come of, in and to the fame, by virtue of the faid deed indented under the rents, covenants and agreements therein fpecified. In witness, &c.

B

An

An agreement for building a House.

BE it remembered, That on this day of

it is agreed between A. B. of and C. D. of in manner and form following, viz. the faid C. D. for the confiderations herein after mentioned, doth for himself, his heirs, executors and adminiftrators, covenant with the faid A. B. his executors, adminiftrators and affigns, that he the faid C. D. or his affigns, fhall and will, within the space of next after the date hereof, in a good and workman. Jike manner, and according to the beft of his knowledge and skill, at well and fubftantially erect, build and finish one houfe or meffuage, according to the draught or scheme hereunto annexed, of the dimenfions following, viz.

and compofe the fame with fuch ftone or brick, timber and other materials, as the faid A. B. or his affigns, fhall find and provide for the fame: In confideration whereof the faid A. B. doth for himself, his executors and administra tors, covenant with the faid C. D. his executors, adminiftrators and affigns, well and truly to pay unto the faid C. D. his executors, adminiftrators or affigns, the fum of of lawful money of in manner following, viz.

part

thereof at the beginning of the faid work more another part thereof when the faid work fhall be half done, and the remaining in full for the faid work, when the fame fhall be completely finished: And alfo that he the faid A. B. his executors, adminiftrators or affigns, fhall and will, at his and their own proper expence, find and provide all the ftone, brick, tile, timber, and other materials neceffary for making and building of the faid house. And for the performance of all and every the articles and agreements above mentioned, the faid A. B. and C. D. do hereby bind themselves, their executors, adminiftrators and affigns, each to the other, in the penal sum of firmly by thefe prefents. In witness, &c.

An Agreement for an hired Servant.

ARTICLES of agreement indented, &c. between W. S. of the one part,

and W. M. of the other part, as follows, viz.

The faid W. M. for the confideration herein mentioned, doth covenant, promife and agree, to and with the faid W. S. his executors, administrators and affigns, by thefe-prefents, in manner following, that is to fay, That the faid W. M. fhall and will for and during the term and time of years, tó begin and be accounted from the date of these prefents, ferve, abide, and continue with the faid W. S. his executors, adminiftrators and affigns, his and their covenant fervant, and diligently and faithfully, according to the belt and utmost of his power, fkill and knowledge, exercife and employ himfelf in, and do and perform fuch fervice and business whatfoever, as well relating to the trade of which the faid W. S. now ufeth, as in and about all other bufinefs, matters and things whatfoever, as the faid W. S. fhall from time to time order, direct and appoint, to and for the most profit and advantage of the faid W. S. that he can and fhall and will keep the fecrets of the faid W. S. relating to the faid trade and bufinefs; and likewife be juft, true and faithful to the faid W. S. in all matters and things, and no ways wrongfully to detain, embezzle, or purloin any monies, goods or things whatfoever, belonging to the faid W. S, And alfo fhall and will keep juft, true and faithful accounts in the books of the faid W. S. of all goods bought and fold, monies received and paid, and all other things whatfoever, relating to the bufinefs of the faid W. S. as fhall be committed to his care, management or disposal; and from time to time shall

Lay

pay all monies which he fhall receive, of, or belonging to, or by order of the faid W. S. into his hands, and make and give up true and fair accounts of all his actions and doings in the faid employment, without fraud or delay, when and as often as he shall be thereto required. And in confideration of the premifes, and of the several matters and things by the faid W. M. to be performed as aforefaid, the faid W. S. doth for himself, his executors and adminiftrators, covenant, promife and agree, to and with the faid W. M. by these presents, that the faid W. S. his executors and adminiftrators, fhall and will find and provide unto and for the faid W. M. in his dwelling houfe, meat, drink, wafhing and lodging; and alfo well and truly pay, or caufe to be paid unto the faid W. M. his executors, adminiftrators or affigns the fum of a year, of lawful money of for the firft years, by equal quarterly payments, and fhall and will allow the faid W. M. fuch reafonable expences in and about the bufinefs aforefaid as he the faid W. S. fhall think fit: And faid parties do mu tually covenant and agree to and with each other, viz. That if the faid W. S. fhall not be willing to continue the faid W. M. in his fervice after the expiration of the faid years or if the faid W. M. fhall not be willing to continue with the faid W. S. after the expiration of the faid years; in either of the faid cafes the faid parties fhall and will give months notice of fuch their mind and intention, before the expiration of the said term. In witness, &c.

Minutes of Agreement on a Sale of Wheat.

EMORANDUM---It is agreed by and between E. F. of, &c. and G. H. els of wheat fold to him this day by the faid E. F. and by him agreed to be delivered to the faid G. H. free of all charges and expences whatfoever on or before, &c. next, fhall and will pay, or caufe to be paid to the faid E. F. or his affigns within three months after fuch delivery, the fum of, &c. And the faid E. F. in confideration of the agreement aforefaid, of the faid G. H. doth promife and agree, on or before, &c. atorefaid, at his own proper expence, to fend in and deliver to the faid G. H. or his affigns, the faid three hundred bushels of wheat fo fold him as aforefaid, and that he the faid E. F. fhall and will warrant the fame to be good, clean and merchantable grain. In witness whereof the parties above named have hereunto fet their hands, &c. Witnefs, &c.

Minutes of Agreement between a Housekeeper and his Lodger.

M

[EMORANDUM-It is agreed by and between E. F. of, &c. and G. H. of, &c. as follows, viz. The faid E. F. in confideration of the rent hereinafter mentioned and agreed to be paid to him, hath letten to the faid G. H. one room, up two flights of ftairs forwards, part of the now dwelling houfe of the faid E. F. fituate, &c. together with the furniture at prefent ftanding therein, that is to fay, one table, &c. To bald to the faid G. H. for the term of two years, to commence from, &c, at the yearly rent of, &c. to be paid quarterly to the faid E. F. at, &c.

The faid G. H. in confideration hereof agrees to pay the rent of, &c. at the times above limited for payment thereof

aforefaid yearly and at the end

of

of the term, or in cafe of any default in the payment, fhall and will, on request of the faid E. F. or his affigns, immediately yield and deliver up to him or them, the peaceable and quiet poffeffion of the faid room, together with the whole furniture, he, from the first entrance thereon, there found and poffeffed, in good and fufficient plight and condition, reasonable wear and tare only ex. cepted. In witness, &c.

Of AWARDS and ARBITRATIONS.

AN award is a judgment given by perfons chofen by contefting parties for

determining the matters in controverfy according to the compromife and fubmiffion, and agreeable to reafon and good confcience. *

The fubmiffion is either by bond or rule of court (which laft is fureft) and is to fet forth the particular matters in difference, and fubmit the determination thereof to certain perfons therein named.

Where an award is made by a single perfon, he is generally called an umpire, and his judgment is an umpirage but when by more, the determination is called an award or arbitration, and the actors therein arbitrators.

The judgment of award muft be- reasonable, fo that what is awarded to be done by one party, be the confideration of what the other is to do, otherwise it is void, as it would be in cafe where any thing unlawful or impoffible is awarded.

It must likewife admit of no doubtfulness or uncertainty in particulars awarded; and at the fame time finally determine the points fubmitted, otherwise it is alfo void. See Bacon's law of awards.

* Spelm. Gloss. p. 53.

The Form of an Award made by two Arbitrators. To all to whom thefe prefents fhall come, we E. F. of, &c. and G. H. of &c. fend greeting. Whereas there are feveral accounts depending, and divers controverfies and difputes have lately arisen between A. B. of, &c. of the one part, and C. D. of, &c. of the other part, touching and concerning, &c. And whereas, for the putting an end to the faid differences aud difputes, they the faid A. B. and C. D. by their feveral bonds and obligations, bearing date, &c. are reciprocally bound each to the other, in the penal fum of, &c. to ftand to, abide, perform and keep the award, order and final determination of us the faid E. F. and G. H. arbitrators indifferently chofen between the faid parties, to arbitrate, &c. [as in the bond] fo as the faid award be made in writing under our hands and feals, and ready to be delivered to the parties in difference, on or before, &c. next, as by the faid in part recited bonds or obli.. gations, with the conditions there under written, may appear; Now know ye, That we the faid arbitrators, whofe names are hereunto fubfcribed, and feals affixed, taking upon us the burden of the faid award, and having fully examined, and duly confidered the proofs and allegation of both the faid parties, do, for the fettling amity and friendship between them, make and publish this our award, by and between the faid parties, in manner following, that is to say: First, We do award and order, that all actions, fuits, quarrels and controver fies whatfoever, had, moved, arifen or depending between the faid parties, in law or equity, for any manner or caufe whatfuever, touching the faid premifes

to

to the day of the date hereof, fhall ceafe, and be no further profecuted: And that each of the faid parties fhall bear and pay his own cofts and charges, in any wife relating to, or concerning the faid premises. And we do alfo award and order, that the faid A. B. fhall pay, or caufe to be paid, to the said C. D. the fum of, &c. within the space of, &c. And further, we do hereby award and order, that the faid C. D. fhall on or before, &c. pay, or cause to be paid, to the faid A. B. the fum of, &c. or give fufficient fecurity for the fame to the faid A. B. And lastly, We do award and order, that the faid A. B. and C. D. on the receipt of the feveral fums of, &c. fhall in due form of law, execute each to the other of them, or the other's ufe, general releases, fufficient in the law for the releafing by each to the other of them, his heirs, executors and adminiftrators, of all actions, fuits, arrefts, quarrels, controverfies and demands whatfoever, touching or concerning the premifes aforefaid, or any matter or thing thereunto relating, from the beginning of the world to the day of the date of, &c. [Here mention the date of the arbitration bonds.] last past. In witness whereof we have hereants fet our hands and feals, the, &c. in the year, &c.

An Umpirage for want of a Determination by Arbitrators chofen.

To all, &c. I, J. K. of, &c. fend greeting. Whereas there are feveral

come to] to ftand to, &c. the award, and final determination of E. F. ot, &c. and G. H. of, &c. arbitrators indifferently chofen between the faid parties to arbitrate, &c. [as in the condition of the bonds] fo as the faid award was made in writing, under the hands and feals of the faid arbitrators, and ready to be delivered to the parties in difference, on or before, &c. laft paft. And if the faid arbitrators did not draw up the faid award in writing, and deliver the fame as aforesaid, on or before the faid, &c. then the faid parties were to ftand to, abide, obferve, perform and keep the award, umpirage, final end and judgment of me the faid J. K. umpire indifferently chofen between the faid parties, for the compofing and ending the differences aforefaid; fo as my faid award, umpirage and determination may be made in writing, under my hand and feal, and ready to be delivered to the faid parties, on or before, &c. as by the faid part recited bonds or obligations, with the conditions there under written, may appear: And whereas the faid E. F. and G. H. did make up the faid award between the faid parties, within the time limited by the faid in part recited bonds or obligations as aforefaid; whereby and on which account, the compofing, ending and determining the faid differences and matters in difpute, now depends wholly upon me: Now know ye, That I the faid J. K. having taken upon me the bufinefs and charge of the faid award and umpirage, and being willing to fet the faid parties at peace and concord, by making a final end of the controverfies between them; and having deliberately and at large, heard, examined and duly confidered the grievances, allegations, titles, vouchers and evidences of both the faid parties, in relation to the faid premises in difpute, do make, publish, declare and deliver this my award or umpirage in manner following; that is to fay: Fift I arbitrate, award, judge, order cel determine, that, &c. [Here infert the feveral particulars of the award.] In witness, &c.

An