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.

ARTICLES of agreement are used for afcertaining what is mutually agreed

upon by the parties thereto, either in refpect to the fale of eftates, performance of work, fervice, or any other thing contracted to be done, in confideration of money, wares, &c. And here it is always fafeft either to have feperate bonds in fufficient penalties, or an obligatory penal claufe inferted in the body of those articles, for the true performance of what is therein contracted.

Contracts that are not to be performed within the space of a year, must be put in writing, otherwife 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 quifite that the buyer actually receive part of the goods fold, give fomething in part, or as earneft; or that fome nore or memorandum of the bargain be taken in writing and figned by the parties. See 29 Car. 2. c. 3. made perpetual by 1 Jac. 2. c. 17. § 5. alfo. 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. Max. 87.

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

Α

A the

RTICLES of agreement, indented, made, concluded, and agreed upon, 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 : Firft. The faid A. B. in confideration of the fum 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 faid A. B. shall and will, at the proper cofts and charges in the law, of the faid C. D. on or before, &c. next enfuing, by fuch conveyances, ways and means, in the law, as the counfel of the faid C. D. fhall reafonably advife, devife, and require, well and fufficiently grant, convey, and affure to the said C. D. his heirs and affigns, or to whom he or they hall appoint, and to fuch ufes as he or they thall direct, [Here fet forth the premises.]

And

And the faid C. D. for himself, his heirs, executors and adminiftrators, doth covenant, promife, and grant to and with the faid A. B. his heirs and affigns, that he the faid C. D. fhall and will, on executing the faid conveyances, pay or caufe to be paid to the faid A. B. his heirs or affigns, the faid fum of 500 dollars as, and for the purchase money, for the faid meffuage and premises above mentioned.

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

And lastly, For the due performance of all and fingular the covenants and agreements aforefaid, the faid A. B. and C. D. do bind themfelves, their heirs, executors and adminiftrators, each to the other his executors adminiftrators and affigns, in the penal fum of 1000 dollars of lawful money of firmly by these prefents. In witness whereof the faid parties to thefe prefents have hereunto interchangeably let their hands and feals, the day and year first above written.

Sealed and delivered in the
prefence of

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

Articles for rebuilding of Mills.

(L. S.)

ARTICLES of agreement indented, made, &c. between A. B. of, &e.

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 affigns, that he the faid G. H. fhall on or before, &c. next enfuing the day of the date of thefe prefents, repair and go to, &c. and there in a good and workman-like manner, according to the best of his art and fkill, by and with the directions of the faid 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 fuch 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, adminiftrators or affigns, fhall 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 aforefaid, they the faid A. B. C. D. and E. F. do hereby, for themselves, their, and every of their heirs, execu rors and administrators,` covenant, promise and agree to, and with the said G. H. well and truly to pay, or caufe to be paid to the faid G. H. kis executors, adminiftrators or affigns, for all fuch time as he fhall be employed by them the faid A. B. C. D. and E. F. or any of them, in rebuilding the mills afore faid, weekly and every week, the wages of dollars, &c. and fo in propor

faid G. H. by the And alfo that they

tion for a lefs time than a week, to be paid to him the faid A. B. C. D. and E. F. fome or one of them, at, &c. 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 caufe to be paid, to him the faid

G. II.

G. H. over and above the wages aforefaid, the fem of ten dollars, lawful money of in manner following, that is to fay; 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 milis aforefaid, 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, promife and agree to, and with the faid A. B. C. D. and E. F. their executors, adminiftrators and affigns, and every of them, by these prefents, that he the faid G. H. fhall not absent or depart from the work and rebuilding aforefaid, without leave in writing first 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, fome or one of their executors, adminiftrators or affigns, out of the wages aforefaid. In witness, &i.

Articles between a Merchant and his Apprentice. ARTICLES of agreement indented, made, &c. between A. B. of, &c.

one part, and C. D. fon of E. D. of, &c. and the faid E. D. of the other part, in manner following, that is to fay:

Whereas the faid A. B. on the day of the date of thefe prefents, in confideration of the affection which he hath and beareth to the faid C. D. is contented to 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 feas, as in the state of

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

be

Firft, That the faid C. D. his fon, fhall, during the said term of feven years, (if he fo long live) diligently and faithfully, to the utmoft of his power and skill, ferve 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. fhall think fr to appoint: And that the faid C. D. at all times hereafter, during the said term, fhall receive and take into his charge and cuftody, all fuch goods, wares and merchandizes whatsoever, as by, or for the use or account of the said A. B. fhall be configned or fent to him the faid C. D. or which he fhail any way entrufted with: And also fell, utter and difpofe of the fame goods, wares and merchandizes to the beft profit and advantage he can, for the faid A. B. his executors, adminiftrators and affigns: And fhall alfo, during the said term, duly follow and perform the advice, directions and orders of him the faid A. B. which fhall by letter, or otherwife, be fent, giver, or made known to hims the faid C. D. about or concerning the merchandizing and business aforefaid. And that he the faid C. D. fhall, at the proper cots and charges of the faid A. B. his executors or adminiftrators, 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 cafes: And thall deal juftly and faithfully to and with the faid. A. B. his executors, adminiftrators and affigns, in all and every his accounts, reckonings, bargains and dealing relating to his faid em

ployment:

ployment: And fhall conftantly, once in fix months, daring the term afore. faid, tranfmit and give in to the said A. B. his executors, administrators, or affigns, true accounts of all the business and dealings of him the faid C. D. in the premifes: And fhall alfo fend letters of advice to the faid A. B. when abroad, of all occurrences wherewith it fhall be proper the faid A. B. should be acquainted. And it is further agreed that the faid C. D. fhall from time to time, upon reasonable request, fhew and produce all his books of accounts concerning his dealings aforefaid, and make and give unto the faid A. B. his executors, adminiftrators or affigns, a juft, true, and faithful account in writing, of, for, and concerning all and every fuch goods, wares, money, debts and merchandizes whatfoever, as well of the faid A. B. for his own proper ule, as jointly with any other perfon, or perfons, which fhall hereafter come to the hands or charge of him the faid C. D. or for which the faid C. D. fhould or ought to be accountable unto the faid A. B. his executors, administrators or affigns: And likewife that he the faid C. D. fhall, 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, adminiftrator or affign, all and every fuch wares, money, goods, debts, merchandizes, and other things whatfoever, as by or upon the foot of the faid final account fhall appear and be found due and belong. ing to him the faid A. B. his executors, adminiftrators or affigns, by or from the faid C. D. In witness &c.

Articles of Marriage.

ARTICLES of agreement of three parts, indented, made, &c. of, &c.

between A. B. of, &c. of the firft part, E. D. of, &c. daughter of, &c. of the fecond part, and C. D. of, &c. and E. F. of, &c. of the third part, as followeth :

Whereas the faid E. D. is feized to herself and her heirs in fee fimple, of and in certain lands, meffuages or tenements, with their appurtenances fituate, lying and being, &c. And whereas a marriage is fhortly 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 befides the lands, &c. above mentioned; and as for her marriage portion, it is therefore covenanted and agreed, by and between the faid parties to thefe prefents, 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 affigns, that they the faid A. E. and E. D. his intended wife, in cafe the said intended marriage thall be had and folemnized, by fine and other good and fufficient conveyances in the law, fhall fettle and affure all thofe lands, meflua. ges or tenements, with the appurtenances, whereof fhe the faid E. D. is feized as aforefaid, to the ufe and behoof of the faid A. B. and his affigns, during the term of his natural life; and from and after the determination of that eftate, then to the wfe and behoof of the faid C. D. and E. F. their heirs and affigns, during the natural life of the faid A. B. in treft, to preserve and fupport the contingent remainders herein after limited; and from and after the decease of the faid A. B. then to the use and behoof of the faid E. D). his faid intended wife, 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.