lease, or the said indenture of mortgage aforesaid, or either of them, or any thing therein mentioned or expressed, or otherwise howsoever. (Add a covenant for discharge of incumbrances, &c.) In witness, &c.

An Assignment of a Messuage 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.

KNOW all men by these presents, that I the within named A. B. in consi

of of lawful money of

to me in hand paid by C. D. of the receipt, &c. and for divers other good causes and considerations me hereunto especially moving, have bargained, sold, assigned, and set over &c. and by these presents, do bargain, &c. unto the said C. D. his executors, administrators and assigns, all, &c. the within indenture of demise, and premises thereby granted and demised, or mentioned or intended so to be and every part thereof, with the appurtenances; and all my estate, right, title, interest, term of years to come, property, claim &demand whatsoever,either in law or equity, of, in or to the same or any part thereof: And also one bond or obligation bearing even date with the within indenture whereby the within named E. F. became bound to me in the penal sum of conditioned for the payment of within mentioned and for the true performance of the several covenants in the within indenture mentioned, and all and every sum and suns of money due, or to grow due thereon: To have and to hold the said several, &c. and premises by the within indenture granted and demised, with their appurtenances,unto the said C. D. his executors, administrators and assigns, from henceforth, for and during the residue and remainder now to come and unexpired of the within term of years, subject to the proviso within contained, and to have, receive and take all and every sum and sums of money due or to grow due upon the said bond to said C. D. his executors, administrators and assigns, to his and their own proper use and behoof; and I the said A. B. do hereby make the said C. D. his executors, administrators and assigns, my true and lawful attorney and attornies, [as in the letter of attorney in the assignment of a bond mutatis mutandis] And I the said A. B. do hereby for myself, my heirs, executors and administators, covenant, &c. That the mortgage is not incumbered, &c. In witness, &c.

Assignment of two Leases, one in Possession, the other in Reversion, to indemnify an Obligor on account of his becoming bound with and for the proper

TH

debt of another.

HIS INDENTURE made, &c. BETWEEN A. of &c. of the one part, and B. to &c. of the other part. WHEREAS C. of, &c. by his indenture of lease bearing date, &c. for the consideration therein mentioned, Diddemise, &c. unto the said A. his &c. ALL that, &c., but with and under such exceptions as therein mentioned and expressed of and concerning the said premises; To HOLD the said premises unto the said A. his executors, &c. for and during the term of years, to commence from the day of in the year (being therein mentioned to be the time of expiration of a former lease, made of the same premises granted by also, deceased) at and under the yearly rent of payable quarterly, in manner as therein mentioned: AND WHEREAS the said C. by one other indenture of lease day of for the consideration therein mentioned, Did

bearing ate the date

deceased, to

demise and to farm let, unto the said A. his &c. ALL that, the said, &c. except as in the indenture of lease now reciting is expected; TO HOLD the said premises unto the said A. his executors, &c. from the in the year

day of

day of

in the year

then the said

(being therein mentioned to be the time when the herein first in part recited indenture of lease will expire) for and during the full term of years, at and under the yearly rent of payable, &c. as in and by the said several in part recited indentures of lease, relation to them being had, may more fully appear : AND WHEREAS the said B. together with the said A. and at the special instance and request, and for, and on behalf of the said A. and as and for his own proper debt, by their bond, or obligation, bearing date the day next before the day of the date hereof, are and stand jointly and severally bound unto D. of, &c. in the penal sum of with condition thereunder written, that if they the said A. and B. or either of them, their, or either of their heirs, executors or administrators, shall and do well and truly pay unto the said D. his certain attorney, &c. the full sum of dollars, together with lawful interest for the same, on the obligation to be void, otherwise &c. as by the said bond may appear: Now THIS INDENTURE WITNESSETH, that for the indemnifying and saving harmless the said B. his heirs, &c. of, from and against payment of all and every sum and sums of money which he or they shall or may expend for, or on account of his the said B's being bound with the said A. in the said, in part recited bond to the said D. and of all costs and damages to be by him the said B. sustained, touching the same, and as a security for the same, and for and in consideration of the sum of one dollar to the said A. by the said B. now paid, &c. he the said A. hath bargained, sold, assigned, transferred and set over, and by these presents, &c. unto the said B. AS WELL the said two several recited indentures of lease, as also the said premises, &c. and all the estate, &c. TO HAVE, &c. the said two several recited indentures of lease, land and premises, &c. and all and singular, other the premises hereby assigned, or mentioned or intended so to be,with their and every of their appurtenances, except as in the said indentures of lease are excepted, unto the said B. his executors, &c, from henceforth, for and during all the rest and residue of the said term of years, by the said first recited indenture of lease granted, which is now to come and unexpired, and for and during the full and whole term of years, by the said second recited indenture of lease granted, commencing as aforesaid, and that in as full, &c. Subject, nevertheless, to the several rents, covenants conditions and agreements in the said recited indentures of lease reserved and contained, and also subject to the proviso herein after contained, viz PROVIDED ALWAYS and these presents are upon this condition, and it is hereby agreed and declared by and between the parties, hereto, and their true intent and meaning is, that in case the said A. his heirs, &c. shall and do well and truly pay or cause to be paid unto the said D. his executors, &c. the said sum of dollars and the interest thereof, on the day, and in manner, and according to the condition of the said recited bond and in full discharge thereof : and also in case the said A. his heirs, &c. shall and do, in the mean time, and at all times hereafter, well and sufficiently save, defend, keep harmless and indemnify the said B. his heirs, &c. and his, their, and every of their real and personal estate, of, from and against all, and all manner of actions, suits, costs, charges, expences and damages whatsoever, both at law and in equity, which shall or may at any time arise, fall or happen to him, them, any or either of them, for, by reason, means, or on account of his the said B's en

tering into, or being surety with, or bound with the said A. in the said bond as aforesaid; then and from thenceforth the assignment hereby made of the said premises, and every covenant, matter and thing herein contained, shall be void and of no effect, any thing, &c. AND THE SAID A.for himself, &c. doth hereby covenant to and with the said B. his, &c. in manner, &c. that he the said A. his, &c. shaH and will well and truly pay unto the said D. his, &c. the said sum of and the interest thereof, according to the true intent and meaning of the condition, and in discharge of the said bond: AND that he the said A. his, &c. shall and will at all times, well and sufficiently save, keep harmless and indemnified, the said B. his, &c. of and from payment of the same in manner as aforesaid: AND further, that he the said A. his, &c. at any time immediately after default by him or them made in the payment of the said sum of and the interest thereof or of any part thereof, to the said D. his, &c. shall and will upon reasonable request, &c. make, &c. (Far ther assurance) AND LASTLY it is hereby mutually agreed and declared by and between the said parties, that until such time as a breach or failure shall be made in the performance of the above written proviso, it shall and may be lawful to and for the said A. his executors, &c. peaceably and quietly to have, hold, use, occupy, possess and enjoy the said messuage, &c.

Mutual assignment between two Partners (upon determining the Partnership) respecting bad debts which are divided equally, and mentioned in two Schedules, and assigned to each other respectively..

THI

"HIS INDENTURE made &c. BETWEEN A. &c. of the one part, and B.&c. of the other part. WHEREAS the said parties were lately copartners in the trade of which partnership is determined: AND WHEREAS several debts owing to the said parties on account of their late partnership are still standing out and unreceived, & are by the said parties reckoned to be doubtful or desperate, which are mentioned in two schedules, hereon indorsed; and they have agreed to divide the same in manner as hereunder is mentioned, viz. the said A. is to have and receive the debts mentioned in the first schedule hereon indorsed to his own use; and the said B. is to have and receive the debts mentioned in the second schedule hereon indorsed; Now THEREFORE these presents WITNESS, that in pursuance of the said agreement, and in consideration of one dollar in hand paid, to the said A. by the said В. HE the said A. DOTH hereby fully and absolutely assign and release unto the said B. his &c. to his and their own proper use and uses: without any account to be made or given for and concerning the same, ALL his right, title, claim, interest, part, share, benefit and demand, whatsoever, of, in and to the several demands and sums of money, due and ow. ing to the said parties on their joint account as aforesaid, mentioned in the said second schedule hereon indorsed, by virtue of the said copartnership, or otherwise howsoever.-AND the said A. doth hereby make and appoint the said B. his &c. (letter of attorney) receive the said debts mentioned in the said second schedule, to his and their own use and uses, as aforesaid, from the several persons therein mentioned and all others whom it may concern; and upon receipt &c. AND THESE PRESENTS FURTHER WITNESS, That in pursuance of the agreement aforesaid and inconsideration of one dollar to the said B. in hand paid by the said A. &c. (B. in like manner assigns to A. the debts mentioned in the first schedule, and impowers him to receive the same &c.) AND each of them the said A. and B. for himself, his executors &c. doth hereby covenant &c. to and with the other of them, his executors &c. as follows, that is ot

say,that neither of them the said A. nor B.hath at any time heretofore receiva ed, released or discharged the debts herein before assigned and released to the other of them, nor any of them, nor any part thereof; and that neither of them his executors &c. will at any time hereafter receive, &c. the debts by them respectively assigned to the other of them, or any part thereof,or commence any action, suit or process for the recovery and receiving thereof,but at the request and with the consent in writing for that purpose,under the hand and seal of the other of them, his executors &c. AND that either of them, his executors, &c. shall and will at the request and charge of the other of them, his &c. do any further act for the better and more perfect assigning, releasing and confirming the debts herein before assigned by them respectively unto the other of them,his&c. and for the enabling him and them to receive and recover the same to his & their own use and uses, as aforesaid, as shall be reasonably required: AND LASTLY, that in case it shall appear that either of the said parties hath received any of the debts, herein before assigned to the other of them, or any part thereof, in such case, such of the said parties, who shall so have received the same, his executors, &c. shall and will pay and make good the full debts, so by him received or discharged to the other of them, his executors, &c. within one month after notice thereof, to him or them to be made or given-In witness &c.

An assignment of articles of agreement for the sale of timber, and the money arising therefrom for the Payment of debts in a Schedule.

THIS INDENTURE, TR. D. of, &c. and E. F. of, &c. of the second part, and G. H. of, &c. and I. K. of &c. of the third part. Whereas by articles of agreement indented, bearing date, &c. made, &c. between the said A. B. of the one part, and R. E. of, &c. of the other part, It is witnessed, that the said A. B. for the consideration therein after mentioned, Did grant, &c. unto the said R. E. all the merchantable oak timber then standing and growing, in &c, In consideration whereof, the said R. E. Did, thereby, for himself, his executors, &c. agree to and with the said A. B. his heirs, &c. that he the said B. E. his executors, &c. should and would pay unto the said A. B. his &c. for the said timber, after the rate of per ton, &c. And it is thereby timber shall be measured, &c. parties did agree, thereby for

HIS INDENTURE TRIPARTITE made, &c. BETWEEN A. B. of, &c.

mutually covenanted, &c. by &c. that the said according to custom, &c. And also the said themselves, &c. that the said timber should be felled &c. (as the case may be, reciting the agreement.) Now THIS INDENTURE WITNESSETH, that the said A. B, for the further and better securing the payment of all the debts mentioned and contained in the schedules hereunto annexed, and for and in conSideration of the sum of, &c. he the said A. B. HATH bargained, sold, assigned, transferred and set over, and by, &c. DOTH, &c. unto the said C. D. and E. F. their, &c. THe said recited articles of agreement made between him the said A. B. and the said R. E. and all the monies hereafter due, payable or to be paid thereupon, and the full benefit, profit and advantage thereof, from and after, &c. last past, the payment then due being to be made to the said A. B. to and for his own use; To HAVE AND TO HOLD the said articles, and all the said monies due and payable or to be paid thereupon, and the full benefit, profit and advantage thereof unto the said C.D• and E. F. their executors, &c. URON THE TRUSTS NEVERTHELESS, and to and for the uses, intents and purposes herein after mentioned, expressed and declared concerning

the fame AND it is hereby declared and agreed, by, &c. all, &c. that the faid recited articles and the benefit thereof and of the money thereby payable, is and are fo affigned to the faid C. D. and E. F. upon the trufts following, that is to fay, UPON TRUST that the faid C. D. and E. F. their executors &c. do and shall receive and take of, and from the faid R. E. his &c. all fuch fum and fums of money, as fhall become due and payable by force or virtue of the faid articles, and pay and apply the fame money in discharge of the costs and charges of the trufts hereby created; and after the payment of the fame, then UPON TRUST to pay and discharge the principal money and intereft due to the feveral perfons in the fchedules hereunto annexed, or fo far as the fame will extend, in fuch proportions, &c. AND for the purpofes aforefaid the faid A. B. HATH made &c. and by, &c. DOTH &c. the faid C. D. and E. F. his true and lawful attornies irrevocable, &c. for him and in his name, or in the names of the faid trustees, their executors and adminiftrators, to ask, &c. of and from the faid R. E. ALL fuch fums, &c. which now are or fhall grow due and payable to the faid A. B. his, &c. upon or by virtue of the faid recited articles, and to take and use all lawful ways, &c. IN WITNESS, &c.

Of BARGAIN and SALE.

A

BARGAIN and fale transfers lands and tenements from one person to another. There must always be a valuable confideration, where lands are conveyed by bargain and fale.

Though a deed of conveyance exprefs a confideration of money upon a purchase, it is no proof that the money expreffed was really paid; but proof of it must be actually made by witneffes. Styl. Rep. 462. 2 Will. Rep. 295. S. P.

THIS

A common Bargain and Sale of Lands.

day of

in the year of our Lord of the one part, and C. D. of

HIS indenture made the between A. B. of of the oth er part, witneffeth, That the faid A. B. for and in confideration of the fum of of lawful money of to him the faid A. B. in hand well and truly paid, the receipt whereof is hereby acknowledged, hath granted, bargained and fold, and by these prefents doth grant, bargain, and fell unto the faid C. D. his heirs and affigns, all that meffuage

and alfo

all trees, woods, under woods, commons and common of pafture, ways, watercourfes, profits, commodities, advantages, hereditaments and appurtenances whatfoever, to the faid meffuage above mentioned belonging, or in any wife appertaining; and the reverfion and reverfions, remainder and remainders, rents, iffues and profits of the faid premifes, and of every part and parcel thereof; and all the eftate, right, title, intereft, claim and demand whatfoever of him the faid A. B. of, in and to the faid meffuage and premifes, and every part and all and fingular

thereof To have and to hold the faid meffuage other the premises above mentioned, and every part and parcel thereof, with the appurtenances, unto the faid C. D. his heirs and affigns, to the only proper use and behoof of the faid C. D. his heirs and affigns forever-And the faid A. B.

E