premifes hereby granted, or mentioned or intended fo to be, without the iet, trouble, denial, moleftation, hindrance or difturbance whatfoever, of him the faid B. F. his executors, adminiftrators or affigns, or of any other perfon or perfons whomfoever, lawfully claiming or to claim by, from or under him, them, or any of them; and that freed and difcharged of and from all former and other bargains, fales and incumbrances made, done or committed by him the faid B. F. or any other perfon or perfons, by his order, confent, privity or procurement.

In witness, &c.

To all people,

called

A Bill of Adventure at Sea.

I, J. K. of fend greeting: Whereas I the faid J. K. intend, by God's permiffion, to make a voyage unto in the thip whereof E. F. is mafter, and now bound thither: And whereas T. S. of the day of the date hereof, hath paid unto me the faid J. K. the fum of for configned to me one gold watch, &c.) the receipt whereof I do hereby acknowledge; the adventure of which faid fum of or watch &c. the faid T. S. hath intrufted me with, and is content and agreed to bear and ftand to out and home. Now know ye, That I the faid J. K. do for me, my executors and adminiftrators, covenant and grant to and with the faid T. S. his executors, adminiftrators and affigns, by these prefents, that I the faid J. K. my executors, adminiftrators and affigns, fhall and will difpofe, convert and employ the faid in the faid voyage, to and for the best and most advantage to the faid T. S. his executors, adminiftrators or affigns, according to the belt of my fkill and knowledge: And alfo that I the faid J. K. my executors, adminiftrators or affigns, fhall and will within days next after my return from the faid voyage, or the arrival and discharge of the faid fhip within the port of which ever shall firft happen, not only give and deliver, or cause to be delivered, unto the faid T. S. his executors, adminiftrators or affigns, a just and true account of the difpofition and management of the faid adventure; but also well and truly pay and deliver, or cause to be paid and delivered, unto the faid T. S. his executors, adminiftrators or affigns, all fuch money and proceeds as fhall be due and coming to him the faid T. S. his executors, adminif trators or affigns, from me the faid J. K. But if the faid fhip be loft, mscarry, or be caft away in the faid voyage, then no account is to be given by me the faid J. K. for the adventure aforefaid. In witness, &c.

OF CONVEYANCES OF LANDS BY LEASE AND RELEASE, FEOFFMENT, &c. &c.

THE

HE common conveyance of eftates of inheritance heretofore in ufe, was a leafe and release. The leafe, or bargain and sale, must be made for one year, to commence from the day before the date thereof, and must bear date the day before that of the leafe; and though both those deeds make but one conveyance in law, are executed at the fame time, yet the bargain and fale must be firft executed, poffeffion being thereby directly conveyed to the purchaser or releafee; and by that means livery and feifin, which was neceffary to be made on

the

the former method of conveying eftates, viz. by feoffment, is fully fupplied. If a deed of conveyance exprefs a confideration of money, upon a purchase, this is no proof upon the trial, that the money expreffed was really paid; but proof muft be made of it by witneffes, 1 Styl. Rep. 462. 2 Williams, Rep. 295. Wherefore it feems highly neceffary, that the witneffes to the receipt on the back of the deed fhould have written, before they come to fubscribe, to this purpose, viz. (Witneffes to the payment of the money) in cafe they actually faw the money paid. See the receipt under title Release.

THI

A Bargain and Sale for a Year.

[Obfolete in the State of New-York.]

day of

HIS Indenture, made the in the year of our Lord between A. B. of of the one part, and C. D. of of the other part, witneffeth, that the faid A. B. for and in confideration of the fum of one dollar of lawful money of to him in hand paid by the faid C. D. at or before the enfealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, hath granted, bargained and fold, and by thefe prefents, doth grant, bargain and fell unto the faid C. D. his executors, administrators and affigns, all that meffuage, &c. [Here mention the premises that are to be fold] and the reverfion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, and every part and parcel thereof, with the appurtenances: To have and to hold the faid meffuage, &c. lands, hereditaments and premifes above granted, bargained and fold, and every part and parcel thereof, with the appurtenances, unto the faid C. D. his executors, administrators and affigns, from the day before the day of the date hereof, for and during, and until the full end and term of one whole year from thenceforth next enfuing, and fully to be complete and ended: Yielding and paying therefor, at the expiration of the faid year, one pepper corn, if the fame (hall be lawfully demanded; to the intent, that by virtue of thefe prefents, and by force of the ftatute made for transferring of ufes into poffeffion, he the faid C. D. may be in the actual posfeffion of all and fingular the faid premises above bargained and fold, with the appurtenances, and be thereby enabled to take and accept of a grant and release of the reverfion and inheritance thereof to him and his heirs, to the only proper ufe and behoof of the faid C. D. his heirs and affigns for ever. [If the release be to trustees to ufes, fay, and be hereby enabled to take and accept of a grant and release of the reversion and inheritance thereof, to them and their heirs, to, for and upon fuch ufes, intents and purposes, as in and by the faid grant or release fhall be thereof directed or declared.] In witness, Sc.

A Releafe of an Eftate, or Deed with full Covenants.

THIS Indenture made

between A. B.

of the one part, and C. D. of the other 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, at or before the enfealing and delivery of thefe prefents, the receipt where of he the faid A. B. doth hereby acknowledge, and thereof and therefrom, and from every part and parcel thereof doth acquit, releate, exonerate, and forever difcharge the faid Ċ. D. his heirs, executors and adminiArators, and every of them by thefe prefents, hath granted, bargained, fold, aliened, releafed and confirmed, and by thefe prefents, doth grant, bargain fell. alien, release and confirm unto the faid C. D. (in his actual poffeffion now being}

being

[by virtue of a bargain and fale to him thereof made, for one whole year, by indenture, bearing date the day next before the day of the date of these presents, and by force of the statute made for the transferring of ufes into poffeffion: as the bargain and fale are out of ufe, this recital is now omitted in the release] and to his heirs and affigns, all that meffuage, &c. together with all houfes, outhoufes, edifices, buildings, orchards, gardens, lands, meadows, commons, pastures and common of pasture, feedings, woods, underwoods, ways, paths, waters, water. courfes, easements, profits, commodities, advantages, emoluments and hereditaments whatsoever, to the laid meffuage, &c. belonging, or in any wife apper. taining, or which to and with the fame now are, or at any times heretofore have been held, used, occupied, accepted, reputed, taken or known, as part, parcel or member thereof, or of any part thereof; & the reverfion & reverfions, remainder and remainders, rents, iffues, and profits of all and fingular the faid premises, and every part and parcel thereof, with the appurtenances, and also all the estate, right, title, intereft, property, claim and demand whatfoever, in law or equity, of him the faid A. B. of, in and to all and fingular the faid premifes above mentioned, and of, in and to every part and parcel thereof, with the appurtenances; [and also all deeds, evidences and writings, touching or concerning the faid premifes only, or any part thereof, together with true copies of all other deeds, evidences and writings which do concern the faid premifes, or any part thereof, jointly with any other lands or tenements now in the cuftody or poffeffion of him the faid A. B. or which he can or may get or come by without fuit in law or equity; the fame copies to be made, taken and written at the proper colts and charges of the faid C. D. his heirs and affigns:] To have and to hold all and fingular the faid meffuages or tenements, lands, hereditaments and premifes above, in and by these prefents, releafed and confirmed, and every part and parcel thereof, with the appurtenances, unto the faid C. D. his heirs & affigns, to the only proper use and behoof of the faid C. D. his heirs and affigns for ever; and to and for no other ufe, intent or purpose whatsoever: And the faid A. B. for himself, his heirs, executors and administrators, doth covenant, grant, promife and agree, to and with the faid C. D. his heirs and affigns, that he the faid A. B. now is the true, lawful and rightful owner of all and fingular the faid meffuage, &c. hereditaments and premises above mentioned, and of every part and parcel there. of, with the appurtenances; and also that he the faid A. B. at the time of the enfealing and delivery of thefe prefents, is lawfully and rightfully feized in his own right, of a good, fure, perfect, abfolute and indefeafible eftate of inheri tance, in fee fimple, of and in all and fingular the faid premifes above mentioned, with the appurtenances, without any manner of condition, mortgage, limitation of use or uses, or other matter, caufe or thing whatfoever, to alter, change, charge or determine the fame; and also that the faid A. B. hath good right, full power and fufficient authority in the law, to grant, release, convey and confirm all and fingular the faid meffuage, &c. hereditaments and premifes above granted and released, with the appurtenances, unto the faid C. D. his heirs and affigns, to the only proper ufe and behoof of the faid C. D. his heirs and af. figns for ever, according to the true intent and meaning of these prefents; and alfo that he the faid C. D. his heirs and affigns, fhall and may at all times and for ever hereafter, peaceably and quietly have, hold, occupy, poffefs and enjoy all and fingular the faid meffuage, &c. hereditaments and premifes aforefaid, with the appurtenances, and every part and parcel thereof, without the lawful ler, fuit, trouble, hindrance, moleftation, interruption, eviction or disturbance of him the faid A. B. his heirs or affigns, or of any other perfon or perfons law. F fully

fully claiming or to claim, by from or under him, them, or any of them; and that freed and discharged, or otherwife well and fufficiently faved, kept harmJefs and indemnified, of, from and against all former and other gifts, grants, leafes, mortgages, jointures, dowers, ufes, wills, fines, poft fines, iffues, amerciaments, feizures, bonds, annuities, writings obligatory, recognizances, extents, judgments, executions, rents and arrearages of rent, and of and from all other charges, rights, titles, troubles and incumbrances whatsoever, had, made, committed, done or fuffered, or to be had, made, committed, done or fuffered by the faid A. B. or his heirs, or any other perfon or perfons lawfully claiming or to claim, by, from or under him, them or any of them. And further, that he the faid A. B. his heirs and all and every other perfon or perfons, and his and their heirs, having or lawfully claiming any eftate, right, title, or intereft, of, in or to the faid premises above in and by thefe prefents releafed and confirmed, or any part thereof, by, from, or under him, them or any of them, fhall and will from time to time, and at all times hereafter, upon the reasonable requeft, and at the proper coft and charges in the law of the faid C. D. his heirs or affigns, make, do, feal and execute, or cause or procure to be made, done, fealed and executed, all and every fuch further and other lawful and reasonable act and acts, thing and things, device and devices, conveyance and conveyances, affurance and affurances in the law whatsoever, for the further, better and more perfect granting, conveying, releafing, confirming and affuring of all and fingular the premises aforefaid, with the appurtenances, and every part and parcel thereof; unto the faid C. D. his heirs and affigns, to the only proper ufe and behoof of the faid C. D. his heirs and affigns, for ever, as aforefaid, as by the faid C. D. his heirs or affigns, or his or their counsel learn. ed in the law fhall be reasonably advised, devised and required.-And lastly, it is covenanted, granted, concluded and agreed upon, by and between the faid parties to thefe prefents, and the true intent and meaning hereof alfo is, and it is hereby declared fo to be, that all and every fine and fines, recovery and recoveries, affurance and affurances, conveyance and conveyances in the law what. foever, already had, made, levied, fuffered, executed and acknowledged, or at any time hereafter to be had, made, levied, fuffered and acknowledged, by or between the faid parties to thefe prefents, or either of them, or by or be. tween the heirs or affigns of the faid parties, or either of them, or any other perfon or perfons whomfoever, of the faid premifes above released and confirm. ed, as aforefaid with the appurtenances, or any part thereof, either alone or by itfelf, jointly with any other lands, tenements or hereditaments, fhall be and 'enure, and fhall be adjudged, deemed and taken to be and enure, as for and concerning all and fingular the faid premifes above mentioned, with the appurtenances, to and for the only proper use and behoof of the faid C. D. his heirs and affigns for ever, according to the true intent and meaning of thefe prefents, and to and for no other ufe, intent or purpose whatfoever. In witness, &c.

ΤΗΝ

A Quit-Claim Deed.
day of

"HIS Indenture, made the in the year of our Lord one thoufand between A. B. of &c. of the first part, and C. D. of &c. of the fecond part, witneffeth, that the faid party of the first part, for and in confideration of the fum of fifty dollars to him in hand paid, by the faid party of the fecond part, the receipt whereof is hereby confeffed and acknowledged; hath remifed, releafed and quit claimed; and by thefe prefents, doth release remife and quit claim, unto the faid party of the fecond part, (in his actu al poffeffion now being) and to his heirs and affigns forever, all &c. [Here de

fcribe

fcribe the premises.] Together with all and fingular the hereditaments and ap. purtenances thereunto belonging, or in any wife appertaining; and the reverfion and reverfions, remainder and remainders, rents, iffues and profits thereof; and alfo all the estate, right, title, intereft, claim or demand whatfoever of him the faid party of the first part, either in law or equity of, in and to the above bargained premifes, and every part and parcel thereof, to the faid party of the fecond part, his heirs and affigns, to the fole and only proper ufe, benefit and behoof of the faid party of the fecond part, his heirs and affigns for ever. In witness, &c.

Releafe or Deed of Lands, without Covenants.

THIS Indenture, made the

day of

in the year of our Lord one thoufand eight hundred, between A. B. of, &c. of the first part, and C. D. of, &c. of the fecond part, witneffeth, that the faid party of the first part, for and in confideration of dollars lawful money of &c. to him in hand paid, at and before the enfealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, hath granted, bargained, fold, remifed, released, aliened and confirmed; and by thefe prefents, doth grant, bargain, fell, remife, release, alien and confirm unto the faid party of the fecond part, in his actual poffeffion now being, and to his heirs and affigns for ever. Here defcribe the premifes.] Together with all and fingular the hereditaments and appurtenances thereunto belonging, or in any wife appertaining, and the reverfion and rever. fions, remainder and remainders, rents, iffues and profits thereof; and all the eftate, right, title, intereft, claim or demand whatfoever, of the faid party of the first part, either in law or equity, of, in and to the above bargained premifes, with the faid hereditaments and appurtenances. To have and to hold, the faid dwelling houfe, lot of ground and premises above described, to the said party of the fecond part, his heirs and affigns, to the fole and only proper ufe, benefit and behoof of the said party of the fecond part, his heirs and affigns for ever. In witness, &c.

A Conveyance of Lands on Sale by Mortgage.

[Legal Form.]

day of

D. of, &c. of the other part. Whereas E. F. of, &c. did by a certain inden ture of mortgage, dated the in the year of our Lord for the confideration of two hundred dollars lawful money of the faid ftate, grant, bargain, fell, alien, releafe and confirm, unto the faid A. B. in his actual poffeffion, then, being, and to his heirs and affigns for ever, all that certain, &c. Together with all and fingular the hereditaments and appurtenances thereunto belonging: To have and to hold the faid above granted and bargained premifes, with the appurtenances unto the faid A. B. his heirs and affigns, to the only proper ufe and behoof of the faid A. B. his heirs and affigns for ever: Provided nevertheless, and the faid indenture of mortgage was thereby declared to be upon condition, that if the faid E. F. his heirs, executors or adminiftra ters, did and should well and truly pay or caufe to be paid unto the faid A. B. executors, adminiftrators or affigns, the juft and full fum of two hundred dol lars, lawful money aforefaid, with lawful intereft for the fame, on or before the day of according to the condition

his

of

in the year of our Lord

a certain bond or writing obligatory, bearing even date with the said inden..

ture