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No. 15.-Agreement for the sale of Animals. This Agreement, &c. (as in No. 1 to * )Witnesseth, that in consideration of the agreement of the said RICHARD Roe, hereinafter contained, the said John Doe agrees to sell and deliver, on the first day of June next, to the said RICHARD Roe, at his store in Bennington, one yoke of four-year
old oxen. And the said Richard Roe, in consideration thereof, agrees pay
to the said John Doe sixty dollars immediately upon the delivery thereof.
In witness whereof, &c. [as in No. 1].
No. 16.--Apprentice's Indenture.* This Indenture witnesseth, that James Doe, of the town of Cooperstown, in the county of Otsego, and state of New York, now aged eighteen years, by and with the consent of John Doe his father, hath voluntarily, and of his own free will and accord, put and bound himself apprentice to RichARD Roe, of the city of Rochester, in the county of Monroe, and state of New York, to learn the art, trade, and mystery of a hatter, and as an apprentice, to serve from this date, for and during and until the full end and term of three years next ensuing; during all which time, the said apprentice his master faithfully, honestly, and industriously shall serve, his secrets keep, all lawful commands everywhere readily obey, and at all times protect and preserve the goods and property of said master, and not suffer or allow any to be injured or wasted; he shall not buy, sell, or traffic with his own goods, or the goods of others, nor be absent from his said master's service day nor night, without leave, and in all things behave himself as a faithful apprentice ought to do, during the said term. And the said master shall use and employ the utmost of his endeavors to teach, or cause him, the said apprentice, to be taught or instructed, in the art, trade, and mystery of a natter, and of making and finishing hats in all its branches.t
* An indenture is an instrument, under seal, indented or notched at the top, 'instar dentium," like the teeth of a saw. Most of the states have special regulations in regard to the rights and duties of the parties, which should be observed.
† The conditions in regard to board and lodgings, and the rate of wages with the time of payment, should here be inserted, according to the terms of agree. ment made between the parties.
And for the true performance of all and singular the covenants and agreements aforesaid, the parties bind themselves each unto the other, firmly by these presents.
In witness whereof, the parties aforesaid have hereunto set their hands and seals, the tenth day of July, in the year one thousand eight hundred and fifty. Sealed and delivered in the presence of
JAMES DOE (seal).
RICHARD ROE (seal).
COOPERSTOWN, July 10, A. D. 1850. JOHN DOE.
No. 17.-Servant's Indenture. This Indentare witnesseth, that John Doe, now aged seventeen years, of the city of Boston, in the county of Suffolk, and state of Massachusetts, by and with the consent of WilLIAM Doe, his father, hath voluntarily, and of his own free will and accord, put and bound himself servant to RICHARD Roe, of the same place, and as a domestic servant, to serve from the date hereof, for and until the full end and term of his minority ; during all which time, the said servant his master faithfully, honestly, and industriously shall serve, all lawful commands everywhere readily obey, protect and preserve the goods and property of his said master, and not suffer or allow
any to be injured or wasted; he shall not be absent from service without leave, and in all things and at all times behave as a faithful servant ought to do. And the said Rich. ARD Roe shall and will furnish and provide the said servant, during the continuance of the said term, with suitable and sufficient board, lodging, and washing; and in case of sickness, with medical attendance, care, and medicines.
And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
In witness whereof, &c. [as in No. 16).
I do hereby consent to, and approve of, the binding of my son, John Doe, as in the above indenture mentioned. Boston, November 1, 1850.
ARBITRATION is an agreement by parties who have a controversy, to submit that controversy or difference to the decision of a third party.
When the matters in difference are simply those of fact or opinion merely, it is often more expeditious and satisfactory to submit them to the decision of mutual friends than to the regularly-constituted authorities.
The agreement to refer matters in difference to the decision of a third party, is called a submission.
The decision of the arbitrators is called an award.
The award should be specific and distinct, containing the decision of the arbitrators in as clear and concise language as possible.
When the arbitration is under a rule of court, the award should be sealed up and delivered to the court without delay.
The following oath should be taken by the persons chosen as arbitrators, before entering upon the examination of the matters in dispute :
We, the undersigned, arbitrators, appointed by and between John Doe and RICHARD ROE, do swear fairly and faithfully to hear and examine the matters in controversy between the said John Doe and RICHARD Roe, and to make a just award according to the best of our understanding.
THOMAS SHARPE. Sworn to, this fifteenth day of October, A. D. 185–, before
John Richter, Justice of the Peace
You do solemnly swear that the evidence you shall give to the arbitrators here present in a certain controversy submitted to them by and between John Doe and RICHARD ROE, shall be the truth, the whole truth, and nothing but the truth; so help you God,
No. 18.-Form of Submission. know all Men by these presents, that whereas a controversy is now existing between John Doe, of the city of New York, in the county of New York, and state of New York, and Richard Roe, of the same place, concerning the sale, warranty, and soundness, of a certain horse, which it is alleged was sold by the said Join Doe to Richard Roe aforesaid, upon.a warranty that the said horse was sound in every respect, and which horse, it is alleged, is not and was not at the time of such sale sound in every respect :
Now, therefore, we the said John Doe and Richard Roe do hereby submit the said controversy to the decision and arbitration of John Jones, Henry SMITH, and THOMAS Sharpe, all of New York aforesaid, or to any two of them ; and do covenant each with the other that we will in all things faithfully keep, observe, and abide by, the decision and award that they or any two of them may make in writing in the premises under their hands, ready to be delivered on or before the first day of October next.
And it is further agreed between the parties hereto, that the party that shall fail to keep, abide by, and observe the decision and award that shall be made according to the dogoing submission, will pay to the other the sum of two hundred dollars, as liquidated, fixed, and settled damages.
Witness our hands and seals, this tenth day of October, one thousand eight hundred and fifty. Sealed and delivered in the presence of
JOHN DOE (seal).
RICHARD ROE (seal).
No. 19.-Arbitration Bond. Know all Men by these Presents, that I, John Doe, of the city of New York, in the county of New York, and state of New York, am held and firmly bound unto RICHARD Roe, of the same place, in the sum of five hundred dollars, lawful money of the United States of America, to be paid to the said RICHARD Roe, his executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, each and every of them firmly by these presents. Sealed with my seal. Dated the twelfth day of October, one thousand, eight hundred, and fifty.
The condition of the above obligation is such, that if the above-bounden John Doe shall well and truly submit to the decision of John Jones, HENRY Smith, and Thomas Sharpe, or the majority of them named, selected and chosen arbitrators, as well by and on the part and behalf of the said JOHN Doe as of the said RICHARD Roe, between whom a controversy exists, to hear all the proofs and allegations of the parties of and concerning the sale, warranty, and soundness, of a certain horse, which it is alleged is unsound, and that it was sold by the said John Doe to the said RICHARD Roe with warranty that it was in every respect sound—and all matters relating thereto; and that the award of the said arbitrators be made in writing, subscribed by them or the majority of them, and attested by a subscribing witness, ready to be delivered to the said parties on or before the first day of November next. But before proceeding to take any testimony therein, the arbitrators shall be sworn “faithfully and fairly to hear and examine the matters in controversy between the parties to these presents, and to make a just award according to the best of their understanding." And the said parties to these presents do hereby agree, that judgment in the supreme court of the said state shall be rendered upon the award which may be made pursuant to this submission, to the end that all matters in controversy in that behalf, between them, shall be finally concluded—then the above obligation to be void, otherwise to remain in full force and virtue. Signed, sealed, and delivered, in presence of
JOHN DOE (seal).
RICHARD ROE (seal).