iv

rangement from the circumstance, that after the publication had considerably progressed, the plan of it was materially varied from its original design.

On the whole, it is believed, that the CLERK'S ASSISTANT, will be found to unite as many advantages as, perhaps, any book of the kind heretofore published-To the man of business, particularly in cases where it may be inconvenient to procure professional aid, this book will be found a valuable assistant, while, it is humbly conceived, it will be, to the professional gentlemen, a convenient manuel, which on many occasions may supersede the necessity of turning over the more voluminous books of precedents.

THE EDITORS.

:

Clerk's Assistant.

OF CONTRACTS OR ARTICLES OF AGREEMENT.

A RTICLES of agreement are used for ascertaining what is mutually agreed upon by the parties thereto, either in respect to the sale of estates, performance of work, service, or any other thing contracted to be done, in confideration of money, wares, &c. And here it is always fafeft either to have seperate bonds in sufficient penalties, or an obligatory penal clause inserted in the body of those articles, for the true performance of what is therein con

tracted.

Contracts that are not to be performed within the space of a year, must be put in writing, otherwise they will not be binding on the parties contracting. And on an agreement for the fale of ten pounds value, or upwards, it is re. quisite that the buyer actually receive part of the goods fold, give something in part, or as earnest; or that some note or memorandum of the bargain be taken in writing and signed by the parties. See 29 Car. z. c. 3. made perpet. wal by 1 Jac. 2. c. 17. § 5. also. Laws of New-York 10 Seff. c. 44. § 15. A fingle penny given in earnest, and accepted by the feller, confirms any agreement for the fale of goods, &c. though of the grateft value. Noy. Mex. 87.

Articles for the Sale of an Estate, with a Penal Clause for Performance of Govenants,

A

RTICLES of agreement, indented, made, coneluded, and agreed upon, the day of in the year of our Lord between A. B. of, &c. of the one part, and C. D. of, &c, of the other part, as followeth:

First. The faid A. B. in confideration of the sum of 500 dollars of lawful money of to be paid as is herein after mentioned and agreed, doth covenant and agree with the faid C. D. that he the said A. B. Thall and will, at the proper cofts and charges in the law, of the faid C. D. on or before, &c. next enfuing, by such conveyances, ways and means, in the law, as the counsel of the faid C. D. shall reasonably advife, devife, and require, well and fufficiently grant, convey, and affure to the faid C. D. his heirs and affigns, or to whom he or they shall appoint, and to fuch uses as he or they shall direct, [Here fet forth the premises.]

And

And the faid C. D. for himself, his heirs, executors and administrators, doth covenant, promise, and grant to and with the faid A. B. his heirs and afsigns, that he the faid C. D. shall and will, on executing the said conveyances, pay or cause to be paid to the faid A. B. his heirs or assigns, the said fum of 500 dollars as, and for the purchase money, for the faid messuage and premises above mentioned.

And it is further agreed by and between the said parties to these presents, that the faid C. D. his heirs and affigns, shall and may on or before, &c. next, enter into and upon the faid messuage and premises, and from thence receive and take the rents, issues and profits thereof, to his and their own use.

And lastly, For the due performance of all and fingular the covenants and agreements aforesaid, the faid A. B. and C. D. do bind themselves, their heirs, executors and administrators, each to the other his executors admin. iftrators and affigns, in the penal sum of 1000 dollars of lawful money of firmly by these presents. In witness whereof the faid parties to these presents have hereunte *interchangeably set their hands and seals, the day and year first above written.

Sealed and delivered in the

presence of

* When this word is inserted, it shews there ought to be two parts.

A

Articles for rebuilding of Mills.

(L. S.)

RTICLES of agreement indented, made, &c. between A. B. of, &c. C. D. of &c. and E. F. of, &c. of the one part, and G. H. of &c. of the other part.

First, The faid G. H. for the confiderations herein after mentioned and expreffed, doth covenent, promife and agree, to and with the faid A. B. C. D. and E. F. and each and every of them, their, each and every of their executors, adminiftrators and assigns, that he the faid G. H. shall on or betore, &c. next enfuing the day of the date of these presents, repair and go to, &c. and there in a good and workman-like manner, according to the best of his art and skill, by and with the directions of the said A. B. C. D. and E. F. or the one of them, well and fufficiently rebuild, or cause to be rebuilt, the mills of, &c. with such materials, and workmen to be employed under him, as they the faid A. B. C. D. and E. F. or any of them, their, or any of their executors, ad. miniftrators or affigns, shall find, appoint, and provide for the fame.

In confideration whereof, and as an encouragement to the faid G. H. to be diligent and faithful in the undertaking aforesaid, they the faid A. B. C. D. and E. F. do hereby, for themselves, their, and every of their heirs, execu.. fors and administrators, covenant, promise and agree to, and with the faid G. H. well and truly to pay, or cause to be paid to the faid G. H. his executors, adminiftrators or affigns, for all fuch time as he shall be employed by them the faid A. B. C. D. and E. F. or any of them, in rebuilding the milis afore. faid, weekly and every week, the wages of dollars, &c. and so in proportion for a lefs time than a week, to be paid to him the faid G. H. by the faid A. B. C. D. and E. F. fome or one of them, at, &c. And also that they the faid A. B. C. D. and E. F. fome or one of them, as a further encourage. ment to the faid G. H. shall and will pay, or caufse to be paid, to him the faid G. II.

G. H. over and above the wages aforesaid, the fem of ten dollars, lawful money of in manner following, that is to say; five dollars one half thereof, to be paid down in hand, and the other five dollars to be paid him on the finishing of the rebuilding of the mills aforesaid, to the fatisfaction and good liking of them the faid A. B. C. D. and E. F. their executors, adminiftrators or affigns, or any of them.

And loftly, The faid G. H. doth covenant, promise and agree to, and with the faid A. B. C. D. and E. F. their executors, administrators and assigns, and every of them, by these presents, that he the said G. H. shall not abfent or depart from the work and rebuilding aforesaid, without leave in writing firft had and obtained from the faid A. B. C. D. and E. F. or fome or one of them, for the doing thereof, on pain of forfeiting for every day of fuch abfence, the fum of one dollar, to be stopped and deducted by the faid A. B. C. D. and E. F. fome or one of them, their, some or one of their executors, adminiftrators or affigns, out of the wages aforesaid. In witness, &c.

A

Articles between a Merchant and his Apprentice. RTICLES of agreement indented, made, &c. between A. B. of, &c. of the one part, and C. D. fon of E. D. of, &c. and the said E. D. of the other part, in manner following, that is to say:

Whereas the faid A. B. on the day of the date of these presents, in confideration of the affection which he hath and beareth to the faid C. D. is contented 10 take the faid C. D. to be his apprentice or fervant in merchandizing affairs and to employ him therein, as well in parts beyond the seas, as in the ftate of

where the faid A. B. shall or may hereafter, or now hath trading and dealings, for the space of seven years, to commence from, &c. And thereupon the faid E. D. father of the said C. D. doth covenant and agree to and with the faid A. B. his executors, administrators and assigns, in manner following, that is to say:

First, That the faid C. D. his son, shall, during the faid term of feven years, (if he so long live) diligently and faithfully, to the utmost of his power and skill, serve him the faid A. B. in his trade of merchandizing, and other his lawful affairs, in fuck place and places, as he the faid A. B. shall think fre το appoint: And that the faid C. D. at all times hereafter, during the faid term, shall receive and take into his charge and custody, all fuch goods, wares and merchandizes whatsoever, as by, or for the use or account of the faid A. B. shall be corfigned or fent to him the faid C. D. or which he shall any way be entrusted with: And also fell, utter and dispose of the same goods, wares and merchandizes to the best profit and advantage he can, for the faid A. B. his executors, administrators and affigns: And shall also, during the faid term, duly follow and perform the advice, directions and orders of him the faid A. B. which shall by letter, or otherwise, be fent, giver, or made known to him the faid C. D. about or concerning the merchandizing and business aforesaid.

And that he the faid C. D. fhall, at the proper cofes and charges of the faid A. B. his executors or administrators, provide and keep in good and due order, the books of accounts concerning his faid employment as aforesaid, according to the custom of merchants in such cases: And thall deal juftly and faithfully to and with the faid. A. B. his executors, administrators and assigns, in all and every his accounts, reckonings, bargains and dealing relating to his faid em ployment:

ployment: And shall constantly, once in fix months, daring the term afore. faid, tranfmit and give in to the said A. B. his executors, administrators, or afsigns, true accounts of all the business and dealings of him the faid C. D. in the premises: And shall also send letters of advice to the faid A. B. when abroad, of all occurrences wherewith it shall be proper the said A. B. should be acquainted. And it is further agreed that the faid C. D. shall from time to time, upon reasonable request, shew and produce all his books of accounts concerning his dealings aforesaid, and make and give unto the faid A. B. his executors, adminiftrators or affigns, a just, true, and faithful account in writing, of, for, and concerning all and every such goods, wares, money, debts and merchandizes whatsoever, as well of the said A. B. for his own proper ule, as jointly with any other perfon, or perfons, which shall hereafter come to the hands or charge of him the said C. D. or for which the said C. D. should or ought to be accountable unto the said A. B. his executors, administrators or afligns: And likewise that he the faid C. D. shall, within one month next after fuch account made and given him in, well and truly pay and deliver to the faid A. B. his executors, administrator or affign, all and every fuch wares, money, goods, debts, merchandizes, and other things whatsoever, as by or upon the toot of the said final account shall appear and be found due and belonging to him the said A. B. his executors, administrators or affigns, by or from the faid C. D. In witness &c.

A

Articles of Marriage.

RTICLES of agreement of three parts, indented, made, &c. of, &c. berween A. B. of, &c. of the first part, E. D. of, &c. daughter of, &c. of the second part, and C. D. of, &c. and E. F. of, &c. of the third part, as followeth:

Whereas the faid E. D. is seized to herself and her heirs in fee fimple, of and in certain lands, messuages or tenements, with their appurtenances situate, lying and being, &c. And whereas a marriage is shortly intended to be had and folemnized between the faid A. B. and E. D. with whom the faid A. B. is to have and receive 2000 dollars in money, over and besides the lands, &c. above mentioned; and as for her marriage portion, it is therefore covenanted and agreed, by and between the faid parties to these presents, in manner and form toilowing, that is to fay:

First, The faid A. B. for himself, his heirs, executors and adminiftrators, doth covenant and agree, to and with the faid C. D. and E. F. their heirs and assigns, that they the faid A. E. and E. D. his intended wife, in cafe the faid intended marriage thall be had and folemnized, hy fine and other good and tufficient conveyances in the law, shall fettle and affure all those lands, mesfua. ges or tenements, with the appurtenances, whereof she the faid E. D. is seized as atorefaid, to the use and behoof of the faid A. B. and his affigns, during the team of his natural life; and from and after the determination of that eftate, then to the ufe and behoof of the faid C. D. and E. F. their heirs and affigns, during the natural life of the faid A. B. in troft, to preserve and fupport the contingent remainders herein after limited; and trem and after the deceafe of the faid A. B. then to the ufe and behoof of the faid E. D. his faid intended wite, for and during the term of her natural life; and from and after her decease, then to the ufe and behoof of the heirs of the body of the faid

E. D.