fhall and may in the name of the said M. his executors and administrators, at the costs and charges in the law of the faid I. S. his executors, adminiftrators and affigns, profecute and follow, until judgment and execution shall be there. upon had and made, and all and singular such sum and sums of money, goods, chattels, debts and other things, as shall be so in the name of the faid M. received, recovered, had or levied by the faid I. S. his executors, adminiftra. tors or affigns, shall and may have, hold, keep and retain in the hands of him the said I. S. his executors, administrators and assigns, to his and their proper use and behoof, without any account or other thing therefor, unto the faid executors or administrators of the faid E. yielding, rendering or paying; hereby giving and granting unto his faid attorney, his executors, administrators and affignis, full power and authority to do and execute all and every act and acts, thing and things, touching and concerning the said premises in as large and ample manner, in all respects, as he the said M. can or might make, do or execute. AND THE SAID M. doth by these presents, for himself, his heirs, executors and administrators, covenant and grant to and with the said I. S. his executors, adminittrators and affigns, in manner and form following, that is to say, that the faid I. S. his executors, &c. shall and may have and enjoy all and fingular the goods and chattels before by these presents given, "granted or fold, and receive, have, take, recover, levy and enjoy all and fingular the debts, duties, liberties and authorities, and other things before by these presents mentioned to be granted, bargained, fold and affigned unto him, without any let or disturbance, or any revocation or annihilation of the faid M. his executors, &c. or of any person or perfons, by the procurement or affent of the said M. his executors, &c. AND further that the faid M. hath not heretofore discharged or released any debt or duty or other thing, which he as executor of the said last will, or otherwise by virtue of the said last will, may, can, might, should or ought to have, take, demand or recover; nor that he the said M. his &c, nor any other by his or their consent or procure. ment, shall or will at any time or times hereafter discharge or release any such debt or duty; but that he the said M. his executors, &c. shall and will from time to time, and at all times hereafter justify and allow, confirm and avow all and every fuch action and actions, suit and suits, plaint and plaints, prosecutions, judgments and executions as his faid attorney of attornies shall have, take, commence, prosecute, sue or levy in his name touching the premises, and permit and fuffer his faid attorney or attornies to receive, take and have to his and their own use and uses, all and every such sum and sums of money, goods, chattels and other things as he, his executors &c. ought to have, receive and levy as executors of the faid last will, or otherwise, by virtue of the said will aforesaid. AND further, that he the faid M. his executors, &c. shall and will at all times hereafter, permit and suffer the said I. S. his executors, &c. from time to time, and at all times hereafter, to have the whole execution of the said last will of the said E. C. and all the doings, dealings and transactions touching the fame, and the administration of all the chattels, goods, debts, evidences and leases which were belonging to the said E. at the time of his decease. And the faid I. S. for himself, his heirs, &c. doth covenant and grant to and with the faid M. his executors, &c. by these presents, that he the faid I. S. his executors, &c. shall and will well and truly pay and fatisfy all the debts and dues of the said E. deceased, and all the legacies in the faid will contained, according to the true intent and meaning of the faid will; and shall and will at all times hereafter, well and sufficiently save and keep harmless and indemnified the said M. his, &c. touching or concerning the fame. In witness, &c.

Of

HERE a

OF INDENTURES.

W deed begins, This indenture, it must actually be indented,

that is to say, cut or fcolloped at the top, otherwise it will be a deed poll: for it is not the words, This Indenture, but the indenting of the parchment or paper, that makes it an indenture. Wood's Inst. 236. 1. Inft. 143.

The difference between indentures and deeds poll is, that in the latter, the words shall be most strongly taken against the grantor: but in the former, the words are to be taken according to the intent of both parties, the grantor and grantee: For this reason, where both parties are intended to be concluded, it feems highly necessary to turn deeds poll into indentures, which is easily done, by observing the different forms of those instruments, and indenting them as above directed. A deed may consist of several parts, as two, three, four, five, fix, &c. which formerly were written bipartite, tripartite, quadripartite, quinquapartite, Sextipartite, &c.

Some neceffary Obfervations in Relation to Indentures of Apprenticeship. IF Fany money be contracted for or given with any clerk or apprentice, fuch confideration must be expressly inferted in the indenture.

No master or mistress shall compel any apprentice or journeyman, by oath or bond not to exercise his trade after his term expired, on pain of forfeiting 100 dols. for each offence: the one half to the people of this state, and the other half to such person as will profecute for the fame. And any bond, or other security so given to be utterly void. See Laws of New-York 24 feff. ch. 11. §1. And,

By fect. 2d of the fame act, apprentices may be bound to ferve until 21 years of age; with a proviso in the same section, that no child of any Indian woman shall be bound apprentice except in the prefence, and with the confent of a juftice of the peace, a certificate of such consent to be figned by such justice, and filed with the clerk of the town or place where the indenture is executed

So by sect. 4th of the fame act, the overseers of the poor of any city or town, with the consent of any two justices of the peace of the fame county, refiding in or near, such town (or if in the cities of New-York, Albany or Hudson, with the consent of the mayor, recorder and aldermen, or any two of them, may bind out any child become chargeable, or whose parents have become chargeable to the city or town wherein they respectively inhabit, or who shall beg alms, to be apprentices or fervants, according to their degree and ability, where they shall see convenient, until fuch child, it male, shall arrive to the age of twentyone years; if female, to the age of eighteen years, and such content should be certified and acknowledged by the faid juftices either at the foot, or on the back of the indenture, which indenture may be in the following form.

Indenture for putting out a Poor Boy an Apprentice.

THIS Indenture, made

witnesseth, that A. B. and C. D. overseers

of the poor of the town of in the county of and state of NewYork, by and with the confent of, &c. two of the justices of the peace of the faid county (or if of either of the cities before named, say by whose consent) having

having put and placed, and by these presents do put and place L. M. a poor boy of the faid town (or city) aged apprentice to J. R. of with him to dwell and ferve from the day of the date of these presents until the said appren. tice shall accomplish the full age of twenty-one years, according to the statute in that cafe made and provided; during all which term the faid apprentice his faid matter faithfully shall serve on all lawful businesses, according to his power, wit and ability; and thall honestly, orderly and obediently in all things demean and behave himself towards his faid master, and all his, daring the faid term. And the faid J. R. for himself, his executors and administrators, doth covenant and agree to and with the faid overseers of the poor, and each of them, theit and each of their heirs, executors and administrators, and their and each of their fuccessors, for the time being, by these presents, that he the faid J. R. the faid apprentice in the trade of which he now useth, shall and will instruct, or cause to be taught and instructed, and during all the term aforesaid sind, provide and allow unto the the faid apprentice competent and fufficient meat, drink and apparel, washing, lodging, mending, and all other things neceffary and fit for an apprentice: and also shall and will so provide for the faid apprentice that he be not any way a charge to the the town (or city) of or inhabitants (or citi zens) thereof; but of and from all charge shall fave the faid town (or city as the cafe may be) harmless and indemnified during the faid term; and at the end of the faid term shall and will make, allow, provide and deliver unto the faid apprentice, one good new fuit of holy-day clothes of the value of at least dols, and two other good fuits for every day wear.

In witness, &c.

We G. H. and I. J. esquires, two of the justices of the peace, for the county of aforesaid, do hereby declare our affent to the putting forth of the aforesaid L. M. apprentice to the said J. R. according to the intent and meaning of the above written indenture. In witness whereof we have hereunto put our hands and seals, the day and year in the above indenture first written.

A common Indenture of Apprenticeship.

THIS Indenture, made the

years

months

day of in the year of our Lord witnesseth, that A. B. fon of C. D. aged days, by and with the consent of the faid C. D. his father, of hath, of his own free and voluntary will, placed and bound himself apprentice unto E. F. of blacksmith, to learn the faid trade, mystery or occupation of a blacksmith, which he the faid E. F. now useth, and with him as an apprentice to dwell, continue and serve from the day of the date hereof, unto the full end and term of from thence next enfuing, and fully to be complete and ended; during all which term of years, the faid apprentice his faid mafter well and faithfully shall ferve, his fecrets keep, his lawful commands gladly do and obey; hurt to his faid master he shall not do, nor wilfully suffer to be done by others, but of the fame, to the utmost of his power, thall forthwith give notice to his faid mafter; the goods of his faid master he shall not embezzle or waste, nor them lend, without his confent, to any; at cards, dice or any other unlawful games, he shall not play; taverns or ale houses he shall not frequent; fornication he shall not commit, matrimony he shall not contract; from the service of his faid master he shall not at any time depart or abfent himselt, without his faid master's leave; but in all things, as a good and faith. ful apprentice, shall and will demean and behave himself towards his faid mafter, and all his, during the faid term, And the faid master, [in confideration of the

fum

fum of of lawful money of to him in hand paid by his fuid appren tice] in the faid trade, mystery or occupation of a blacksmith, which he now ufeth, with all things thereunto belonging, shall and will teach, inftruct, or cause to be well and sufficiently taught and instructed, after the best way and manner he can, and shall and will also find and allow unto his faid apprentice, meat, drink, washing, lodging and apparel, both linnen and wollen, and all other necessaries fit and convenient for such an apprentice during the term aforefaid [and also shall for the space of months in each year, during the said term, put the faid apprentice to some good English school, to be instructed in reading, writing and arithmetic.] In witness, &c.

A Leafe or demi

OF LEASES.

*

demise is a deed in writing, whereby the enjoyment of a real certain rent, or on other conditions, is contracted for. The perfon granting the lease is called the leffor, and the tenant or perfon to whom it is granted, the leffee. Co. Lit. 43.

Leases are either in perpetuity, for life, or years; such as are in perpetuity or for life, are called freehold, and require livery and feifin, which you may see under its proper head. Leases for years are termed chattels, i, e, a personal eftate which descends not to the heir of the deceased party; as in cafes of estates of inheritance, but goes to his executors or administrators.

A Lease of Ground for Building a House upon.

in the year of our Lord

HIS indenture made the day of T between A. B. of of the one part, and C. D. of &c. of the other part, witnesseth, that the faid A. B. for and in confideration of the rent, cove. nants and agreements herein after mentioned and reserved, on the part and behalf of the faid C. D. to be paid, done and performed, hath granted, demifed, leafed, set and to farm letten, and by these presents, doth grant, demise, leafe, set and 10 farm let unto the faid C. D. his executors, administrators and affigns, all that piece or parcel of ground, containing in length twenty five feet, and in breadth twenty feet, or thereabouts, lying and being in or near, &c. To have and to hold the faid piece or parcel of ground above mentioned, unto the faid C. D. his executors, administrators and affigns, from for and during the full end and term of from thence next ensuing, and fully to be complete and ended, yielding and paving therefor, yearly and every year during the faid term, unto the faid A. B. his heirs or affigns [These words heirs or affigns are only to be used where the inheritance is in the lessor; for where he has only a temporary estate in the thing leafed, you must in the place of heirs &c. use executors, of lawful money of administrators or affigns] the yearly rent or fum of

on by even and equal portions; the first payment thereof to begin and be made at or upon next enfuing the date of these presents. Provided always, nevertheless, and it is the true intent and meaning of these presents, and of the parties hereunto, that if it shall happen that the said yearly rent of hereby referved, or any part thereof, be behind or unpaid, by the space days next over or after either of the faid days, whereon the fame ought to be paid as aforesaid (the same being first lawfully demanded, that then and from thenceforth it shall and may be lawful to and for the faid A. B.

of

his

his executors, administrators or assigns, into and upon the said demised premises, and every or any part or parcel thereof, with the appurtenances, in the name of the whole, to enter, and the same to have again, re-possess and enjoy, as in his or their first and former estate and estates, and him, the said C. D. his executors, administrators or affigns, and all and every other the occupiers or possessors of the faid demifed premises, from thence utterly to expel, remove, and put out ; any thing in these presents contained to the contrary thereof in any wife notwithftanding. And the faid C. D. for himself, his heirs, executors and administrators, doth covenant, grant & agree to and with the faid A. B. his heirs & afsigns [But thus, his executors, administrators and assigns, in case the lessor has only a temporary estate in what is leafed] that he the said C. D. his executors, administrators or assigns, shall well and truly pay or cause to be paid unto the said C. D. his heirs or assigns [or executors, &c. as in the above obfervation] the aforesaid yearly rent of at the days and times and in such manner and form as herein before is limited and appointed for the payment thereof, according to the true intent and meaning of these presents: And that he the said C. D. his executors, administrators or assigns shall and will on or before the day of next ensuing the date hereof, at his or their own proper costs and charges in all things, make, erect, set up and finish, or cause or procure to be made, erected set up and finished, upon the faid piece or parcel of ground herein before mentioned and demised, one good and substantial house of brick, of three stories high, befides the garrets, the lower story whereof to be ten feet high at the least, the next story over that to be likewise ten feet high at the least, 'the third story to be eight feet high at least, & the garrets to be fix feet high at the least; and shall and will make, or cause to be made to every room thereof (the garrets excepted) two handsome fath-windows of geod carpenter's or joinor's work, each of them fix feet high, and four feet broad at the least, and shall and will well and sufficiently sash and glaze the fame with good crown glass, and shall and will ceil all the floors over head with lime and hair, without any loam, and make convenient dormer-windows to all the garrets, and tile over all the said building with tiles, and lay the tiles with lime and sand; and shall and will make covenient doors, with hooks, hinges, locks and keys to all the rooms of the said building, and floor with inch boards all the floors, and nail them with eight penny nails; and make convenient chimnies with brick, lime and sand, and free stone hearths, and one convenient cellar throughout all the said building, to be paved with brick, and a vault of brick for a privy; and shall pave with stone the street on both sides the said building. And that he the faid C. D. his executors, administrators or assigns, shall and will from time to time, and at all times during the said term of years, well and fufficiently repair, uphold, support, maintain, sustain, amend, and keep the said building and tenement so erected and finished, in, by and with all manner of needful and necessary reparations whatsoever; and the same being in and by all things so well and sufficiently repaired, upheld and kept in good and fufficient repair, shall and will, at the end or other fooner determination of the faid term of hereby granted, peaceably and quietly leave, furtender and yield up unto the said A. B, his heirs or affigns [or executors, &c. as observed before] together with all and every the doors, window shutters, locks, keys, bolts, staples, latches, hooks, hinges, wainscots, cisterns, pipes, pumps, con. duits, dreffers, tables, shelves, hearths, grates, stoves, chimnies, chimney-pieces, sashes and glasses, of and belonging to the same. And the faid C. D. doth hereby further covenant, grant and agree, that neither he the faid C. D. his executors

K