Page images
PDF
EPUB

No. 42.–Form of Chattel Mortgage. To all to whom these Presents shall come, KNOW YS that John Doe, of the town of Princeton, in the county of Middlesex, and state of New Jersey, of the first part, for securing the payment of the money hereinafter mentioned, and in consideration of the sum of one dollar to me duly paid by Richard Roe, of the city of Trenton, in the county of Huntingdon, and state of New Jersey, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, all my household furniture, and all other goods and chattels mentioned in the schedule hereunto annexed,* and now in the house in which I reside in the town aforesaid. To have and to hold all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his executors, administrators, and assigns, for ever.

And I, the said party of the first part, for myself, my heirs, executors, and administrators, all and singular the said goods and chattels above bargained and sold, unto the said party

of the second part, his heirs, exécutors, administrators, and assigns, against me, the said party of the first part, and against all and every person or persons whomsoever, shall and will warrant, and for ever defend: upon condition, that if I, the said party of the first part, shall and do well and truly pay unto the said party of the second part, his executors, administrators, or assigns, the sum of three hundred dollars on the first day of August nextthen these presents shall be void.

And I, the said party of the first part, for myself, my executors, administrators, and assigns, do covenant and agree, to and with the said party of the second part, his executors, administrators, and assigns, that in case default shall be made in payment of the said sum above mentioned, then it shall and may be lawful for, and I the said party of the first part do hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter my dwellinghouse, store, and other premises, and such other place or places as the said goods or chattels are or may be, and take

* Annex a schedule, specifying all the articles mortgaged, adapted to the wants of the case. The plan of one is appended to this mortgage.

and carry away the said goods and chattels, and to sell and dispose of the same for the best price he can obtain ; and out of the money arising therefrom, to retain and

the

pay said sum above mentioned, and all charges touching the same, rendering the overplus (if any) unto me or to my executors, administrators, or assigns. And until default be made in the payment of the said sum of money, I am to remain and continue in the quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same.

In witness whereof, I, the said party of the first part, have hereunto set my hand and seal the first day of Septem ber, one thousand eight hundred and fifty.

JOHN DOE (seal ). Sealed and delivered in the presence of

John STONE,
JOHN SMITH.

Schedule referred to in the foregoing Mortgage.

IN THE PARLOR.

No. 1.-Two mahogany sofas.

2.-Fourteen mahogany chairs.
3.-One large looking-glass.
4.One centre-table.
5.-One card-table.

IN THE DINING-ROOM.

6.-One dining-table.
7.-Ten cane-bottomed chairs,
8.-One sideboard.

9.-One clock.
“ 10.-One lounge.
« 11.-One book-case.

(And so on through the list in each room.) September 1, 1850.

JOHN DOE. JOHN STONE,

Witness { John Smita

BILLS OF LADING.

A bill of lading is a receipt from the agent or master of a vessel, that he has received the goods named therein, and an agreement for the safe carriage of the same to the port of destination, and delivery to the person to whom they are consigned. Two or three bills are usually signed, one to be retained by the agent of the vessel, and another to be for warded to the party to whom they are shipped.

See article, “ LIABILITIES OF COMMON CARRIERS.

Havre, France.

No. 43.-Bill of Lading. Shipped, in good order and well conditioned, by John Doe, on board the ship called the United States, whereof RICHARD Roe is master, now lying in the port of New York, and bound for Havre, France. To say : five packages of

merchandise, being marked and numbered as in the J. M. margin, and are to be delivered in the like order

and condition at the port of Havre, France (the

dangers of the seas only excepted), unto JACQUES MONTALEMBERT, or to his assigns, he or they paying freight for the said packages the sum of five dollars, with fifty cents primage and average accustomed.

In witness whereof, the master or purser of said vessel hath affirmed to two bills of lading, both of this tenor and date; one of which being accomplished, the other to stand void.

Dated in New York, the first day of October, one thousand eight hundred and fifty.

RICHARD ROE, Master.

BONDS. ,

A bond is a written instrument under seal, acknowledging some liability, duty, or obligation, with a penalty for non-fulfilment. Fraud vitiates every instrument into which it enters.

The maker of the bond is called the obligor, the person to whom it is made the obligee.

As to what is sufficient to constitute a seal, see the respeotive states, titles, deeds, &c.

The amount of money first named in a bond for the payment of money is called the penal sum, and is usually double the amount of the condition, in order to cover interest and cost of recovery, should the conditions of payment not be complied with.

No. 44.-Bond for the Payment of Money. know all Men by these Presents, that I, Jonn Doe, of the town of Jamaica, in the county of Queens, and state of New York, am held and firmly bound unto RICHARD Roe, of the city of Brooklyn, in the county of Kings, and state of New York, in the sum of two thousand four hundred dollars, lawful money of the United States, 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, and each of them, firmly by these presents. Sealed with my seal. Dated the first day of December, one thousand eight hundred and fifty.

The condition of the above obligation is such, that if the above bounden John Doe or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named Richard Roe, his executors, administrators, or assigns, the just and full sum of twelve hundred dollars on the first day of May next, with interest thereon at the rate of seven per cent. per annum—then the above obligation to be void, otherwise to remain in full force and virtue.

JOHN DOE (seal). Şealed, &c., in presence of John Jones and John Smith.

No. 45.-Bond, conditioned that if the Interest is

not paid within a certain Time after it is due, the whole Sum, Principal and Interest, shall, at the option

of the Obligee, be due immediately. know all Men by these Presents, that I, John Doe, of the city of Portlands in the county of Cumberland, and state of Maine, am held and firmly bound unto Richard Roe, of the same place, in the sum of two thousand eight hundred dollars, lawful money of the United States, to be paid to the said Richard Roe, his executors, administrators, or assigns : for which payment, well and truly to be made, 1 bind myself

, my heirs, executors, and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated the tenth day of August, one thousand eight hundred and fifty.

The condition of the above obligation is such, that if the above-bounden John Doe, or his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named RICHARD Roe, his executors, administrators, or assigns, the just and full sum of one thousand four hundred dollars on the tenth day of March, which will be in the year one thousand eight hundred and fifty-six, and the interest thereon, to be computed from the date hereof, at and after the rate of six per cent. per annum, and to be paid quarter yearly -then the above obligation to be void, else to remain in full force and virtue. And it is hereby expressly agreed, that should

any

default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of ten days, then and from thenceforth, that is to say, after the lapse of the said ten days, the aforesaid principal sum of one thousand four hundred dollars, together with all arrearage of interest thereon, sball, at the option of the said Richard Roe, his executors, administrators, and assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything herein before contained to the contrary thereof in any wise notwithstanding. Sealed and delivered in the presence of John JONES,

JOHN DOE (seal). John SMITH.

[ocr errors]

5*

« PreviousContinue »