hereby expressly agreed and declared, by and between all the parties hereunto, and the true intent and meaning of them and these presents is and are, that in cafe he the faid G. G. his executors or administrators, shall at any time hereafter be obliged to, and shall actually pay any debt or debts which the the said A. his wife shall at any time hereafter during her present coverture, contract with any perfon or persons whatsoever, that then and in fuch cafe, it shall and may be law. ful to and for the said G. G. his executors and administrators, to deduct, retain and reimburse to him and themselves out of the said annuity or yearly sum of 100 dollars so hereby made payable to her the said A. as aforesaid, ail and every fuch fum and sums of money, as he or they shall be obliged to, and shall so actually pay for or on account of such debt or debts to be by her the said A. at any time hereafter so contracted as aforesaid, together with all costs, charges and damages, which he or they shall or may pay or sustain on account thereof: any thing herein contained, &c. And lastly, the faid G. G. (in pursuance and full performance of his faid recited agreement, and divers other good and valuable causes and confiderations him thereunto especially moving) hath and by these presents doth abfolutely establish, ratify and confirm as well the said herein before recited indenture of assignment and settlement made of the said personal estate of the faid A. his wife, and of the said 100 dollars and gold watch by the faid G. G. and A. his wife, so thereby respectively affigned to them the said G. T. and J. B. (the trustees) as aforesaid: and all and every the several trusts, uses, declarations, conditions and agreements in the same indenture mentioned, limited, expreffed and declared of and concerning the same respectively. In witness, &c.

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.

THE CONDITION of this obligation is such, that whereas the above bounden

B. hath, on the day date hereof, fold to the said C. D. a certain in the county of

tract of land, situate, lying and being in the town of

which is known and diftinguished as follows, to wit, [here infert a par

be

dollars lawful

icular description of the premises for the confideration of money as aforesaid; the fum 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 hounden A. B. bearing even date with these presents, 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 said bond, the faid A. B. for himself, his heirs, executors, administrators and assigns, shall and will convey or cause to conveyed by deed in fee simple, to the faid C. D. his heirs and atligns, the above described lands, free, clear and discharged 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 aforesaid, then this bond obligatory shall be void and of no effect; and the premises above described, shall remain the property of the said 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 expressed notwithstanding; otherwise to remain in full force and virtue. Sealed, &c.

Condition

Condition of a Bond given on a contract for the fale of land, to execute a Deed, or Conveyance thereof, on payment of a part of the confideration money, ai a certain day.

T HE condition of this obligation is such, that whereas the above bounden A. B. hath, on the day of the date hereof, fold to the said C. D. a certain tract or parcel of land, fitnate, lying and being in the town of in the county of which is described and diftinguished as follows, to wit, [here insert a description of the premises] for the confideration of dollars, lawful money as aforefard; 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 day

of.

next; and for the refidue thereof, to wit, the fum of dollars, to be paid, with the interest 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 premises, herein above mentioned to be fold to the faid C. D. for fecuring the payment of the fame; on which faid

day of next, and on payment of the faid fum of dollars, and the execution and delivery of the faid bond and mortgage as aforesaid, on faid day, the faid A. B. for himself, his heirs, executors, adminiftrators and affigns, at [name the place agreed on shall and will convey, or cause to be conveyed, by a good and fufficient deed in the law, in fee simple, to the sfaid C. D. his heirs and affigns, the above described 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 aforesaid, convey the faid premises in manner as aforesaid, to the faid C. D. his heirs or affigns; or on failure of the payment of the faid sum of dollars, and the execution and delivery of the faid bond and mortgage, as aforesaid, on the faid day of then, and in either cafe, this bond obligatory shall be void and of and the premises above described, shall remain the property of the faid A. B. his heirs, executors and administrators, together with the improvements and appurtenances, as if no such contract or fale had been made, any thing to the contrary herein expressed notwithstanding; otherwise to remain in full force

and virtue.

Sealed, &c.

no

next,

effect;

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

W

in and by certain indentures of

Lof

HEREAS A. B. fon of C. B. of apprenticeship, bearing date, &c. did put himself apprentice to I. for the term of years, which was to commence from &c. then last paft as in and by the said in part recited indentures, relation being thereto had may more at large appear-AND WHEREAS the faid A. B. with the consent of the faid C. B. his father, is defirous to leave the service of the faid I. L. and the faid I. L. is consenting thereto: Now THESE PRESENTS WITNESS that the faid C. B. for himself, 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, shall and will from time to time and at all times hereafter, save harmless and keep indemnified the said 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 said recited indenture of apprenticeship contained, on the part and behalf of the faid I. L, to be done and performed; and also of, from and against all and all manner of costs, charges, damages and expences, which he the faid I. L. his executors, administrators, or affigns, or any of them, shall or may at any time hereafter any ways bear, sustain, or be put unto, for or by reason or means or on account of the said 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, wha was made a party to a conveyance before be was of age.

To be indorsed on the Conveyance.

MEMORANDUM, That the within named C. D. was not of age at the

making the within written indenture, but hath now attained his.

full age of twenty-one years; and did on this ver this present indenture, in the presence of us.

T

day of

The Deed of Confirmation.

feal and deli

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 sale, 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 such several additions as are therein expressed, of the one part, and the said A. B. of the other part, for the consideration of five hundred dollars, in the said deed or indenture of bargain and sale mentioned to be paid by the said A. B. in manner as therein expressed, the several messuages or tenements therein mentioned, and herein after intended to be released and confirmed, are thereby granted and conveyed, or intended so to be, unto and to the use of the faid A. B. his heirs and affigns forever, as by the faid indenture of bargain and sale 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 since attained to fuch his age of twenty-one years, and hath this day before the execution of these presents, duly sealed and delivered the said in part recited indenture of bargain and fale. NoOW THIS INDENTURE WITNESSETH that as well in perform. ance of a covenant for further afsurances in the said indenture of bargain and fale contained as, also for and in consideration of the fum of dollars to him the faid C. D. in hand paid by the faid A. B. at and before the ensealing &c. being his full part and share of and in the before mentioned sum of five hundred dollars agreed to be paid for the purchase of the faid messuages, tenements and hereditaments, the receipt of which fum of dollars he the said C. D. doth hereby acknowledge, and thereof and therefrom doth acquit, release and forever dif. charge the faid A. B. his heirs, executors, &c. he the faid C. D. HATH and by

these presents DOTH absolutely remife, release, alien, and for ever quit-claim and confirm unto the faid A. B. in his actual possession now being by virtue of the before mentioned indenture of bargain and sale, and to his heirs and affigns, ALL &C. TO HAVE AND TO HOLD unto and to the use of the faid A. B. his heirs and affigns for ever. (Infert a covenant that be has done no act to incumber, except, Sc.and for further affurance, &c.) IN WITNESS, &C.

A

OF DEFEASANCES.

DEFEASANCE is an instrument making a deed, executed before and made absolute, on certain conditions void, Co. Lit. 236, but is now seldom used that way; a proviso in the deed itself, as in mortgages, &c. fufficiently answering the ends of a defeafance. Obligations, recognizances, judg ments, &c, are most commonly the subject matter of these instruments.

T

A Defeafance of a Bond and Judgment.

'HIS Indenture made C. D. of

between A. B. of of the one part, and of the other part. Whereas the faid C. D. in and by one bond or obligation, bearing date doth stand firmly bound unto the said A. B. in the penal fum of of lawful money of conditioned for the payment of the sum of of like lawful money, on 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 security for the payment of the said fum of said in part recited bond or obligation, in

of

of

according to the tenor of the

term last, in the

court

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

Sealed, &c.

Defeafance

THIS

Defeafance on Lands Forfeited.

INDENTURE made &c. BETWEEN I. F. of the one part and R. of the other part-WHEREAS the said R. C. by his indenture, bearing date, &c. for the confiderations therein mentioned, did give, grant, bargain, sell, and confirm unto the said I. F. his heirs and assigns, ALL that, &c. with the appurtenances in the county of in which faid indenture there is a condition or proviso to this effect, that if the said R. C. his heirs or assigns, or any of them should on or before the day, &c. well and truly pay, unto the said I. F. his executors, administrators or assigns the sum of, &c. that then and from thenceforth the faid recited indenture, and every covenant therein contained, &c. shall be utterly void and of no effect, as by the faid indenture doth more fully and at large appear: WHICH said 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 faid provifo: BY REASON whereof the said lands, &c. in the faid indenture mention. ed are absolutely vested and settled in the said I. F. YET NEVERTHELESS the faid I. F. is contented, and doth hereby covenant and grant to and with the said R. C. his heirs and assigns, that if the said R. C. his heirs or assigns, or any of them, do well and truly pay, unto the said I. F. his executors, administrators or affigns the sum 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 proviso 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 said I. F. his heirs and affigns, shall and will, at the reasonable request, costs and charges in the law, of the faid R. C. his heirs or affigns, convey and assure unto the faid R. C. his heirs and assigns for ever, the faid lands, &c. with the appurtenances in the said recited indenture mentioned in such manner and form as by the said R. C. his heirs or affigns, or his or their counsel learned in the law, shall be reasonably devised, advised or required. AND ALSO that the said I. F. his heirs or assigns, shall 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 said premises, safe, whole, uncancelled and un. defaced. IN WITNESS, &C.

OF EXCHANGE.

An Exchange of Lands for a Term of Years.

THIS INDENTURE made, &c. between E. F. of, &c. of the one part, and

H. of, &c. of the other part. WHEREAS the said E. F. is, and stands feised for the term of, &c. of and in the messuages, tenements and hereditaments Erft herein after mentioned to be hereby granted and demised. AND WHEREAS the said G. H. is and stands seised for the term of, &c. of and in the messuages, tenements and hereditaments last 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 aforesaid premises for and during their joint lives. NOW THEREFORE for the end and purpose aforefaid, this indenture witnesseth that, for and in confideration of the grant and demise herein after made, or men. tioned