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hall and may in the name of the faid M. his executors and adminiftrators, at the cofts and charges in the law of the faid I. S. his executors, adminiftrators and affigns, profecute and follow, until judgment and execution fhall be thereupon had and made, and all and fingular fuch fum and fums of money, goods, chattels, debts and other things, as fhall be fo in the name of the faid M. received, recovered, had or levied by the faid I. S. his executors, adminiftra. tors or affigns, fhall and may haye, hold, keep and retain in the hands of him the faid I. S. his executors, adminiftrators and affigns, to his and their proper ufe and behoof, without any account or other thing therefor, unto the faid executors or adminiftrators of the faid E. yielding, rendering or paying; hereby giving and granting unto his faid attorney, his executors, adminiftrators and affignis, full power and authority to do and execute all and every act and acts, thing and things, touching and concerning the faid premises in as large and ample manner, in all refpects, as he the faid M. can or might make, do or execute. AND THE SAID M. doth by these prefents, for himself, his heirs, executors and adminiftrators, covenant and grant to and with the faid I. S. his executors, adminiftrators and affigns, in manner and form following, that is to say, that the faid I. S. his executors, &c. fhall and may have and enjoy all and fingular the goods and chattels before by thefe prefents 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 perfon or perfons, by the procurement or affent of the faid M. his executors, &c. AND further that the faid M. hath not heretofore difcharged or releafed any debt or duty or other thing, which he as executor of the faid laft will, or otherwife by virtue of the faid laft will, may, can, might, fhould or ought to have, take, demand or recover; nor that he the faid M. his &c, nor any other by his or their confent or procure. ment, fhall or will at any time or times hereafter discharge or release any fuch debt or duty; but that he the faid M. his executors, &c. fhall and will from time to time, and at all times hereafter justify and allow, confirm and avow all and every fuch action and actions, fuit and fuits, plaint and plaints, profecutions, judgments and executions as his faid attorney or attornies fhall have, take, commence, profecute, fue 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 fuch fum and fums of money, goods, chattels and other things as he, his executors &c. ought to have, receive and levy as executors of the faid laft will, or otherwife, by virtue of the faid will aforefaid. AND further, that he the faid M. his executors, &c. fhall and will at all times hereafter, permit and fuffer the faid I. S. his exécutors, &c. from time to time, and at all times hereafter, to have the whole execution of the said laft will of the faid E. C. and all the doings, dealings and tranfactions touching the fame, and the adminiftration of all the chattels, goods, debts, evidences and leafes which were belonging to the faid 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 prefents, that he the faid I. S. his executors, &c. fhall and will well and truly pay and fatisfy all the debts and dues of the faid E. deceased, and all the legacies in the faid will contained, according to the true intent and meaning of the faid will; and fhall and will at all times hereafter, well and fufficiently fave and keep harmlefs and indemnified the faid M. his, &c. touching or concerning the fame. In witness, &c.

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Of INDENTURES.

THERE a deed begins, This indenture, it maft actually be indented, that is to fay, cut or fcolloped at the top, otherwife 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 Inft. 236. 1. Inft. 143.

The difference between indentures and deeds poll is, that in the latter, the words fhall be moft ftrongly 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 neceffary to turn deeds poll into indentures, which is cafily done, by obferving the different forms of thofe inftruments, and indenting them as above directed. A deed may confift of several parts, as two, three, four, five, fix, &c. which formerly were written bipartite, tripartite, quadripartite, quinquapartite, fextipartite, &c.

Some necessary Obfervations in Relation to Indentures of Apprenticeship. IF any money be contracted for or given with any clerk or apprentice, fuch confideration muft be exprefsly in with and celerre.

No mafter or mistrefs fhall compel any apprentice or journeyman, by oath or bond not to exercife his trade after his term expired, on pain of forfeiting 100 dols. for each offence: the one half to the people of this ftate, and the other half to fuch perfon as will profecute for the fame. And any bond, or other fecurity fo given to be utterly void. See Laws of New-York 24 feff. ch. 11. 1. And,

of

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

So by fect. 4th of the fame act, the overfeers of the poor of any city or town, with the confent of any two juftices of the peace of the fame county, refiding in or near, fuch town (or if in the cities of New-York, Albany or Hudson, with the confent of the mayor, recorder and aldermen, or any two of them, may bind out any child become chargeable, or whofe parents have become chargeable to the city or town wherein they refpectively inhabit, or who fhall beg alms, to be apprentices or fervants, according to their degree and ability, where they fhall fee convenient, until fuch child, if male, fhall arrive to the age of twentyone years; if female, to the age of eighteen years, and fuch content thould 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 Par Boy an Apprentice. witneffeth, that A. B. and C. D., overfeers 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, fay by

THIS

HIS Indenture, made

of the poor
of the town of

whofe confent)

having

having put and placed, and by thefe prefents 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 thefe prefents until the faid appren tice fhall accomplish the full age of twenty-one years, according to the ftatute in that cafe made and provided; during all which term the faid apprentice his faid matter faithfully fhall ferve on all lawful bufineffes, according to his power, wit and ability; and thall honeftly, orderly and obediently in all things demean and behave himself towards his faid mafter, and all his, during the faid term. And the faid J. R. for himself, his executors and adminiftrators, doth covenant and agree to and with the faid overfeers of the poor, and each of them, their and each of their heirs, executors and adminiftrators, and their and each of their fucceffors, for the time being, by thefe prefents, that he the faid J. R. the faid apprentice in the trade of which he now ufeth, fhall and will inftruct, or cause to be taught and inftructed, and during all the term aforefaid find, 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 alfo fhall and will fo 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 fhall 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 thall 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. efquires, two of the juftices of the peace, for the coun ty of aforefaid, do hereby declare our affent to the putting forth of the aforefaid L. M. apprentice to the said J. R. according to the intent and meaning of the above written indenture. In witnefs whereof we have hereunto puc our hands and feals, the day and year in the above indenture first written.

A common Indenture of Apprenticeship.

HIS made the

This Indents, that d. B. fon of C. D. aged

in the year of our Lord
years

months

days, by and with the confent 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 blackfmith, to learn the faid trade, myftcry or occupation of a blacksmith, which he the faid E. F. now ufeth, and with him as an appren tice 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 fhall ferve, his fecrets keep, his lawful commands. gladly do and obey; hurt to his faid mafter he thall not do, nor wilfully fuffer to be done by others, but of the fame, to the utmost of his power, fhall forthwith give notice to his faid mafter; the goods of his faid mafter he shall not embezzle or waste, nor them lend, without his confent, to any; at cards, dice or any other unlawful games, he fhall not play; taverns or ale houfes he shall not frequent; fornication he shall not commit, matrimony he shall not contract; from the fervice of his faid master he shall not at any time depart or abfent himself, without his faid master's leave; but in all things, as a good and faith. ful apprentice, fhall and will demean and behave himself towards his faid mafter, and all his, during the faid term. And the faid matter, [in confideration of the

fum

fum of

of lawful money of

to him in hand paid by his faid appren tice] in the faid trade, mystery or occupation of a blacksmith, which he now ufeth, with all things thereunto belonging, fhall and will teach, inftruct, or caufe to be well and fufficiently taught and inftructed, after the best way and manner he can, and fhall and will alfo find and allow unto his faid apprentice, meat, drink, washing, lodging and apparel, both linnen and wollen, and all other neceffaries fit and convenient for fuch an apprentice during the term afore faid [and alfo fhall for the space of months in each year, during the faid term, put the faid apprentice to fome good English fchool, to be instructed in reading, writing and arithmetic.] In witness, &c.

OF LEASES.

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

its

Leafes are either in perpetuity, for life, or years; fuch as are in perpetuity or for life, are called freehold, and require livery and feifin, which you may fee under proper head. Leafes for years are termed chattels, i, e, a perfonal estate which defcends not to the heir of the deceased party; as in cafes of cftates of inheritance, but goes to his executors or administrators.

A Leafe of Ground for Building a House upon.

THIS indenture made the

day of

in the year of our Lord 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 the part and behalf nants and agreements herein after mentioned and reserved, on of the faid C. D. to be paid, done and performed, bath granted, demifed, leased, fet and to farm letten, and by these prefents, doth grant, demife, leafe, fet and 10 farm let unto the faid C. D. his executors, adminiftrators 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 enfuing, and fully to be complete and ended, yielding and paying therefor, yearly and every year during the faid term, unto the faid A. B. his heirs or affigns [Thefe words heirs or affigns are only to be used where the inheritance is in the leffor; for where he has only a temporary eftate in the thing leafed, you must in the place of heirs Sc. ufe executors, of lawful money administrators or affigns] the yearly rent or fum of by even and equal portions; the first payment thereof to begin and be made at or upon next enfuing the date of thefe prefents. Provided

on

of

always, nevertheless, and it is the true intent and meaning of these prefents, and of the parties hereunto, that if it fhall happen that the faid yearly rent of hereby reserved, 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 aforefaid (the fame being first lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said A. B.

of

his

day of

his executors, adminiftrators or affigns, into and upon the faid demifed premises, and every or any part or parcel thereof, with the appurtenances, in the name of the whole, to enter, and the fame to have again, re-poffefs and enjoy, as in his or their first and former eftate and eftates, and him, the faid C. D. his executors, administrators or affigns, and all and every other the occupiers or poffeffors of the faid demifed premifes, from thence utterly to expel, remove, and put out; any thing in thefe prefents 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 & affigns [But thus, his executors, adminiftrators and affigns, in cafe the leffor has only a temporary eftate in what is leafed] that he the faid C. D. his executors, adminiftrators or affigns, fhall well and truly pay or cause to be paid unto the faid C. D. his heirs or affigns [or executors, &c. as in the above obfervation] the aforefaid yearly rent of at the days and times and in fuch manner and form as herein before is limited and appointed for the payment thereof, according to the true intent and meaning of thefe prefents: And that he the faid C. D. his executors, administrators or affigns fhall and will on or before the next enfuing the date hereof, at his or their own proper costs and charges in all things, make, erect, set up and finish, or caufe or procure to be made, erected fet up and finished, upon the faid piece or parcel of ground herein before mentioned and demifed, one good and fubftantial houfe of brick, of three ftories high, befides the garrets, the lower ftory whereof to be ten feet high at the leaft, the next ftory over that to be likewife ten feet high at the leaft, the third story to be eight feet high at least, & the garrets to be fix feet high at the leaft; and shall and will make, or caufe to be made to every room thereof (the garrets excepted) two handsome fath-windows of good carpenter's or joinor's work, each of them fix feet high, and four feet broad at the leaft, and fhall and will well and fufficiently fath and glaze the fame with good crown glass, and fhall 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 faid building with tiles, and lay the tiles with lime and fand; and shall and will make.covenient doors, with hooks,. hinges, locks and keys to all the rooms of the faid building, and floor with inch boards all the floors, and nail them with eight penny nails; and make convenient chimnies with brick, lime and fand, and free ftone hearths, and one convenient cellar throughout all the faid building, to be paved with brick, and a vault of brick for a privy; and fhall pave with ftone the street on both fides the faid building. And that he the faid C. D. his executors, adminiftrators or affigns, fhall and will from time to time, and at all times during the faid term of years, well and fufficiently repair, uphold, fupport, maintain, fuftain, amend, and keep the faid building and tenement fo erected and finished, in, by and with all manner of needful and neceffary reparations whatsoever; and the fame being in and by all things fo well and fufficiently repaired, upheld and kept in good and fufficient repair, fhall and will, at the end or other fooner determination of the faid term of hereby granted, peaceably and quietly leave, furtender ard yield up unto the faid A. B, his heirs or affigns [or executors, &c. as obferved before] together with all and every the doors, window fhutters, locks, keys, bolts, ftaples, latches, hooks, hinges, wainscots, cifterns, pipes, pumps, con. duits, dreffers, tables, fhelves, hearths, grates, ftoves, chimnies, chimney-pieces, fafhes and glasses, of and belonging to the fame. And the faid C. D. doth hereby further covenant, grant and agree, that neither he the faid C. D. his

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