hereby exprefsly agreed and declared, by and between all the parties hereunto, and the true intent and meaning of them and thefe prefents is and are, that in cafe he the faid G. G. his executors or adminiftrators, shall at any time hereafter be obliged to, and shall actually pay any debt or debts which the the faid A. his wife fhall at any time hereafter during her prefent coverture, contract with any perfon or perfons whatsoever, that then and in such case, it shall and may be law. ful to and for the faid G. G. his executors and administrators, to deduct, retain and reimburse to him and themselves out of the faid annuity or yearly fum of 100 dollars fo hereby made payable to her the faid A. as aforefaid, ail and every fuch fum and fums of money, as he or they shall be obliged to, and shall fo actually pay for or on account of fuch debt or debts to be by her the faid A. at any time hereafter fo contracted as aforefaid, together with all cofts, charges and damages, which he or they fhall or may pay or fuftain on account thereof: any thing herein contained, &c. And lastly, the said G. G. (in pursuance and full performance of his faid recited agreement, and divers other good and valuable caufes and confiderations him thereunto efpecially moving) hath and by these prefents doth abfolutely establish, ratify and confirm as well the said herein before recited indenture of affignment and fettlement made of the faid perfonal eftate of the faid A. his wife, and of the faid 100 dollars and gold watch by the faid G. G. and A. his wife, fo thereby refpectively affigned to them the faid G. T. and J. B. (the trustees) as aforefaid; and all and every the feveral trufts, ufes, declarations, conditions and agreements in the fame indenture mentioned, limited, expreffed and declared of and concerning the fame refpectively. In witness, &c.

THE

Condition of a Bond given on the Bargain and Sale of lands, to execute a deed or conveyance thereof on the payment of the confideration monies. HE CONDITION of this obligation is fuch, that whereas the above bounden A. B. hath, on the day of the date hereof, fold to the faid C. D. a certain tract of land, fituate, lying and being in the town of in the county of which is known and diftinguished as follows, to wit, [here infert a parucular defcription of the premises] for the confideration of dollars lawful money as aforefaid; the sum of dollars parcel thereof, is hereby acknowl. edged to be paid and received-for the remainder a certain bond or obligation, is executed and delivered by the faid C. D. unto the above bounden A. B. bearing even date with thefe prefents, payable as follows, to wit, [here mention the particular times of payment as in the bond] which bond or obligation being paid and cancelled, agreeably to the tenor of the faid bond, the faid A. B. for himfelf, his heirs, executors, adminiftrators and affigns, fhall and will convey or caufe to be conveyed by deed in fee fimple, to the faid C. D. his heirs and aigns, the above described lands, free, clear and difcharged of and from all incumbrances whatever but on failure of the payment of the said bond, and every part thereof on or before the time limited as aforefaid, then this bond ob ligatory fhall be void and of no effect; and the premises above defcribed, shall remain the property of the faid A. B. his heirs, executors and administrators, together with the improvements thereon, as if no such contract or fale had been made, any thing to the contrary herein expreffed notwithstanding; otherwife. to remain in full force and virtue. Sealed, &c.

:

Condition

Condition of a Bond given on a contract for the sale of land, to execute a Deed, or Conveyance thereof, on payment of a part of the confidera

tion money, at a certain day.

HE condition of this obligation is fuch, that whereas the above bounden A.

a

day

tract or parcel of land, fituate, lying and being in the town of in the County of which is defcribed and diftinguifhed as follows, to wit, [here infert a defcription of the premises] for the confideration of dollars, lawful money as aforefand; to be paid to the faid A. B. his executors, administrators or affigns, by the faid C. D. his heirs, executors or adminiftrators, in manner following, to wit, the fum of dollars, parcel thereof, on the of. next; and for the refidue thereof, to wit, the fum of dollars, to be paid, with the intereft thereof, in manner following, to wit, [mention the time or times, and payments, if feveral] the bond or obligation of the faid C. D. his heirs, executors, adminiftrators or affigns, is to be executed and delivered to the faid A. B. his heirs executors or administrators, on the faid day of next, together with a mortgage of the faid premifes, herein above mentioned to be fold to the faid C. D. for fecuring the payment of the fame; on which said day of next, and on payment of the faid fum of dollars, and the execution and delivery of the faid bond and mortgage as aforefaid, on faid day, the faid A. B. for himself, his heirs, executors, adminiftrators and affigns, at [name the place agreed on hall and will convey, or caufe to be conveyed, by a good and fufficient deed in the law, in fee fimple, to the faid C. D. his heirs and affigns, the above defcribed land and premifes, free, clear and dischar. ged of, and from all incumbrances, claims of dower, exifting, or to exift, and all demands whatever: Now THEREFORE if the faid A. B. his heirs, executors, adminiftrators or affigns, do, on the day aforefaid, convey the faid premifes in manner as aforefaid, to the faid C. D. his heirs or affigns; or on failure of the payment of the faid fum of dollars, and the execution and delivery of

day of

next,

the faid bond and mortgage, as aforefaid, on the faid then, and in either cafe, this bond obligatory fhall be void and of no effect; and the premifes above defcribed, fhall remain the property of the faid A. B. his heirs, executors and adminiftrators, together with the improvements and appurtenances, as if no fuch contract or fale had been made, any thing to the contrary herein expreffed notwithstanding; otherwife to remain in full force

and virtue.

Sealed, &c.

Deed of Covenant to indemnify a mafier from all cofis, &c. that may accrue. by his apprentice's leaving him by confent.

WHEREAS A. B. fon of C. B. of

in and by certain indentures of apprenticeship, bearing date, &c. did put himfelf apprentice to I. L of for the term of years, which was to commence from &c. then laft past as in and by the faid in part recited indentures, relation being thereto had may more at large appear-AND WHEREAS the faid A. B. with the confent of the faid C. B. his father, is defirous to leave the fervice of the faid I. L. and the faid I. L. is confenting thereto; Now THESE PRESENTS WITNESS that the faid C. B. for himfelf, his heirs, &c. doth covenant, promife and agree to and with the faid I. L. his executors, &c, that he the faid C. B, his, &c, or fome

of

of them, fhall and will from time to time and at all times hereafter, fave harmlefs and keep indemnified the faid I, L, his executors, &c. his and their goods and chattels, lands and tenements from and against all, every and any the covenants and agreements in the faid recited indenture of apprenticeship contained, on the part and behalf of the faid I. L, to be done and performed; and alfo of, from and against all and all manner of cofts, charges, damages and expences, which he the faid I. L. his executors, adminiftrators, or affigns, or any of them, hall or may at any time hereafter any ways bear, fuftain, or be put unto, for of by reafon or means or on account of the faid indenture of apprenticeship, or of the faid A. B's leaving or departing from the service of the said I. L. In witness, &c.

CONFIRMATION.

Confirmation from a perfon on attaining his age of twenty-one years, who was made a party to a conveyance before he was of age.

To be indorfed on the Conveyance.

MEMORANDUM, That the within named C. D. was not of age at the time of making the within written indenture, but hath now attained his. of twenty-one years; and did on this yer this prefent indenture, in the presence of us.

full age

day of

The Deed of Confirmation.

feal and deli

THIS HIS INDENTURE, made, &c. between C. D. of, &c. a fon & one of the heirs of E. D. deceased, of the one part and A. B. of the other part. WHEREAS by a certain deed or indenture of bargain and fale, bearing date on or about, &c. and made between E. F. I. K. M. L. R. S. & P. his wife and the faid C. D. by fuch several additions as are therein expreffed, of the one part, and the faid A. B. of the other part, for the confideration of five hundred dollars, in the said deed or indenture of bargain and fale mentioned to be paid by the faid A. B. in manner as therein expreffed, the several meffuages or tenements therein mentioned, and herein after intended to be released and confirmed, are thereby granted and conveyed, or intended fo to be, unto and to the use of the said A. B. his heirs and affigns forever, as by the said indenture of bargain and fale relati on being thereunto had may more fully appear: AND WHEREAS the faid C. D. at the time of the date and making the faid in part recited indenture of bargain and fale, was not then of the age of twenty-one years, but hath fince attained to fuch his age of twenty-one years, and hath this day before the execution of thefe prefents, duly fealed and delivered the faid in part recited indenture of bargain and fale. Now THIS INDENTURE WITNESSETH that as well in perform ance of a covenant for further affurances in the faid indenture of bargain and fale contained as, alfo for and in confideration of the fum of dollars to him the

faid C. D. in hand paid by the faid A. B. at and before the enfealing &c. being his full part and share of and in the before mentioned fum of five hundred dollars agreed to be paid for the purchase of the faid meffuages, tenements and hereditaments, the receipt of which fum of dollars he the faid C. D. doth hereby acknowledge, and thereof and therefrom doth acquit, releafe and forever dif charge the faid A. B. his heirs, executors, &c. he the faid C. D. HATH and by

thefe

thefe prefents DOTH abfolutely remife, releafe, alien, and for ever quit-claim and confirm unto the faid A. B. in his actual poffeffion now being by virtue of the before mentioned indenture of bargain and fale, and to his heirs and affigns, ALL &c. TO HAVE AND TO HOLD unto and to the ufe of the faid A. B. his heirs and affigns for ever. (Infert a covenant that he has done no act to incumber, except, &c.and for further affurance, &c.) IN WITNESS, &C.

Of DEFEASANCES.

茶

A

DEFEASANCE is an inftrument making a deed, executed before and made abfolute, on certain conditions void, Co. Lit. 236, but is now feldom used that way; a provifo in the deed itself, as in mortgages, &c. fufficiently answering the ends of a defeafance. Obligations, recognizances, judg ments, &c, are most commonly the fubject matter of thefe inftruments.

A Defeafance of a Bond and Judgment.

THIS Indenture made

between A. B. of

of the one part, and of the other part. Whereas the faid C. D. in and by one doth ftand firmly bound unto the faid

D. of bond or obligation, bearing date A. B. in the penal fum of payment of the fum of

of lawful money of

of like lawful money, on

conditioned for the

as in and by the faid in part recited bond or obligation, with the condition there underwritten, may more fully appear: And whereas the faid A. B. as a collateral or further fecurity for the payment of the faid fum of according to the tenor of the faid in part recited bond or obligation, in term laft, in the

of of

court

at obtained and recovered againft the faid C. D. one judgment dollars debt, befides cofts of fuit, as by the records of the faid court appeareth; Now this indenture witneffeth, That it is agreed by and between the faid parties to these presents, and the faid A. B. doth for himself, his heirs, executors and administrators, covenant, grant, promife and agree, to and with the faid C. D. his executors and adminiftrators, by these prefents, that if the faid C. D. his heirs, executors or adminiftrators, fhall well and truly pay or caufe to be paid unto the faid A. B. his executors, adminiftrators or affigns, the aforefaid fum of at the days and times above mentioned, in difcharge of the faid in part recited bond or obligation, that then he the faid A. B. his executors, adminiftrators or affigns, fhall and will, after fuch payment made, at the request and at the proper cofts and charges in the law of the faid C. D. his executors or adminiftrators, in due form of law, acknowledge fatisfaction upon record of and for the faid judgment: And that the faid A. B. his executors, adminiftrators or affigns, shall not, before default be made in payment, as afore. faid, fue forth or take out any writ or process of execution against the faid C. D. his heirs, executors or adminiftrators, or his or their lands, tenements, goods or chattels, or any of them, by or upon the said judgment.

Sealed, &c.

Defeafance

Defeafance on Lands Forfeited.

HIS INDENTURE made &c. BETWEEN I. F. of the one part and R.

C. by his indenture, bearing

date, &c. for the confiderations therein mentioned, did give, grant, bargain, fell, and confirm unto the said I. F. his heirs and affigns, ALL that, &c. with the appurtenances in the county of in which faid indenture there is a condition or provifo to this effect, that if the said R. C. his heirs or affigns, or any of them fhould on or before the day, &c. well and truly pay, unto the faid I. F. his executors, adminiftrators or affigns the fum of, &c. that then and from thenceforth the faid recited indenture, and every covenant therein contained, &c. fhall be utterly void and of no effect, as by the faid indenture doth more fully and at large appear: WHICH faid fum of, &c. was not paid at the day and time by the faid indenture limited for the payment thereof, according to the effect of the said provifo: BY REASON whereof the faid lands, &c. in the faid indenture mentioned are abfolutely vefted and fettled in the faid I. F. YET NEVERTHELESS the faid I. F. is contented, and doth hereby covenant and grant to and with the faid R. C. his heirs and affigns, that if the faid R. C. his heirs or affigns, or any of them, do well and truly pay, unto the faid I. F. his executors, adminiftrators or affigns the fum of &c. that then and from thenceforth the faid recited indenture shall be utterly void and of no effect; THE breach made by the non-payment of the faid fum of, &c. in the aforementioned provifo contained, or any thing therein to the contrary notwithstanding. AND ALSO on full payment of the faid fum of, &c at any time within, &c. he the faid I. F. his heirs and affigns, fhall and will, at the reasonable request, cofts and charges in the law, of the faid R. C. his heirs or affigns, convey and affure unto the faid R. C. his heirs and affigns for ever, the faid lands, &c. with the appurtenances in the faid recited indenture mentioned in fuch manner and form as by the faid R. C. his heirs or affigns, or his or their counsel learned in the law, fhall be reasonably devised, advised or required. AND ALSO that the faid I. F. his heirs or affigns, fhall deliver or cause to be delivered unto the said R. C. his heirs or affigns, within two months next after payment made, all deeds, evidences and writings which the said I. F. hath, touching or concerning the faid premifes, fafe, whole, uacancelled and un.. defaced. IN WITNESS, &C.

OF EXCHANGE.

An Exchange of Lands for a Term of Years.

HIS INDENTURE made, &c. between E. F. of, &c. of the one part, and feifed for the term of, &c. of and in the meffuages, tenements and hereditaments Erft herein after mentioned to be hereby granted and demised. AND WHEREAS the said G. H. is and stands feised for the term of, &c. of and in the mefluages, tenements and hereditaments laft herein after mentioned to be hereby granted, and demised. AND WHEREAS the faid E. F. and G. H. are minded and agreed to exchange with each other the aforefaid premises for and during their joint lives. NOW THEREFORE for the end and purpose aforefaid, this indenture witnesseth that, for and in consideration of the grant and demife herein after made, or men.

tioned