sums paid in or withdrawn are entered therein by the postmaster receiving or paying the same. *** Wright in Ciuteriu and (puches are open daily for the 1 postmaster every time the depositor pays in or withdraws money, and the 15 med espinginankid dejembe during the ordinary hours of post office | The ***k melly of the Inaminion is given by the statute for all deposits *he pliidi may have a deposit wecount, and may deposit yearly any num Fibbers, from $1 up to 9*1, more with the permission of the post In Wemme tu made by married women, and deposits so made, or made comm dehull afterward marry, will be repaid to any such woman. He for clandern und ten years of age may be made Filly By #jrent filed a truster for the child, in which case the potram in witlofawn by the fruster until the child shall attain the age ***** peaks, alby which time payment will be made only on the joint Froxipiend both horrand child accoudly in the child us name and, if so deposited, repayment will not In mond nutil the child chall attain the age of ten yeaTS 4 db por How in any of the wavings bank post offices may continue his ajor cat and other of such offices, without notice or change of pass book, mol can »Hlobor mony at that savings bank office which is most conwindend to him Fachle puodfoi le supplied with a pass book, which is to be produced to the Each depositor's account is kept in the postmaster-general's office, în Ottawa, and in addition to the postmaster's receipt in the pass-book, a direct acknowledgment from the postmaster-general for each sum paid in is sent to the depositor. If this acknowledgment does not reach the depositor within ten days from the date of his deposit, he must apply immediately to the postmaster-general, by letter, being careful to give his address, and, if necessary, write again, because the postmaster's receipt or entry in the pass-book is not sufficient without the further receipt for the money from Ottawa. Every depositor must send his book once a year, viz., on the anniversary of his first deposit, for comparison with the books of the department, and for insertion of interest. The book will be returned to him by first mail. At no other time should a depositor suffer his book to be out of his own possession. When a depositor wishes to withdraw money, he can do so by applying to the postmaster-general, who will send him by return mail a check for the amount, payable at whatever savings-bank post office the depositor may have named in his application. Interest at the rate of four per cent. per annum is allowed on deposits, and the interest is added to the principal on the 30th of June in each year. FORMS FOR THE TRANSACTION OF LEGAL BUSINESS. 267 CANADIAN LEGAL FORMS. In General Use in the Transaction of Various Kinds of Business. KNOW ALL MEN BY THESE PRESENTS, that I, the within-named A. B., in consideration of $.... to me paid by C. D., have assigned to the said C. D., and his assigns, all my interest in the withinwritten instrument, and every clause, article, or thing therein contained; and I do hereby constitute the said C. D. my attorney, in my name, but to his own use, to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitution. Dominion, for which credit is due "O'Sullivan's Practical Conveyancer," are herewith given. These, with others elsewhere presented, give the reader a very extended list of legal forms for reference and use. before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) the said ha.. bargained, sold, assigned, transferred and set over, and by these presents do.. bargain, sell, assign, transfer and set over unto the said ....., executors, administrators and assigns, .... all those, the said .... and all the .... .... ...... right, title, interest, property, claim and demand whatsoever, both at law and at equity, or otherwise howsoever, of ...... the said of, in, to, and out of the same, and every part thereof; to have and to hold the said hereinbefore assigned and every of them and every part thereof, with the appurtenances, and all the right, title and interest of the said .. ....... thereto and therein, as aforesaid, unto and to the use of the said executors, administrators and assigns, to and for sole and only use forever; and the said do.. hereby, for heirs, executors and administrators, covenant, promise and agree with the said .................., executors and administrators, in manner following, that is to say: That .... the said ........ now rightfully and absolutely possessed of and entitled to the said hereby assigned .... and every of them, and every part thereof; and that the said .... now ha.. in.. good right to assign the same unto the said ...., executors, administrators and assigns, in manner aforesaid, and according to the true intent and meaning of these presents; and that the said ......, executors, administrators and assigns shall and may, from time to time, and at all times hereafter peaceably and quietly have, hold, possess and enjoy the said hereby assigned and every of them, and every part thereof, to and for own use and benefit, without any manner of hindrance, interruption, molestation, claim or demand whatsoever, of, from or by the said ........, or any person or persons whomsoever: And that free and clear, and freely and absolutely released and discharged, or otherwise, at the cost of the said ........、 effectually indemnified from and against all former and other bargains, sales, gifts, grants, titles, charges and encumbrances whatsoever: And moreover, that the said and all persons rightfully claiming or to claim any estate, right, title or interest of, in or to the said hereby assigned and every of them, and every part thereof, shall and will from time to time, and at all times hereafter upon every reasonable request of the said executors, administrators or assigns, but at the cost and charges of the said ............, make, do and execute or cause or procure to be made, done and executed, all such further acts, deeds and assurances for the more effectually assigning and assuring the said hereby assigned unto the said ...... .... ...... tors, administrators and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, as by the said ......, executors, administrators or assigns, or his .... counsel shall be reasonably advised or required. In witness, etc. Signed, sealed, etc. 268 FORMS FOR GIFT, INCORPORATION AND LEASE. ......... of the one THIS INDENTURE, made ...... between A., of part, and B., of of the other part. WHEREAS, (setting out the reason and reality of the gift). Now, this indenture witnesseth, that in pursuance of his said desire, and in consideration of his natural love and affection for the said B., he, the said A., doth hereby give and assign unto the said B., All and every the goods, chattels and effects in the schedule hereunto annexed, marked A., Together with full power and authority for the said B., and his assigns to enter into and upon any dwelling-house, lands and hereditaments, for the time being, belonging to or occupied by the said A., in or upon which any property comprised in or assigned by this indenture shall be, or be supposed to be, and stay therein or upon, and return therefrom to inspect and take an inventory or inventories of the properties and effects hereby assigned, and to remove the same at his or their pleasure. WITNESSETH, that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the said party of the second part, his executors, administrators and assigns to be paid-observed and performed-the said party of the first part ha.. demised and leased, and by these presents do.. demise and lease unto the said party of the second part ........, executors, administrators and assigns, all that messuage or tenement situate To have and to hold the said demised premises for and during the term of ......... .., to be computed from the day of ....., one thousand eight hundred and ...., and from thence. forth next ensuing and fully to be complete and ended. .... ...... ...... ...... Yielding and paying therefor, yearly, and every year during the said term hereby granted unto the the said party of the first part, heirs, executors, administrators or assigns, the sum of to be payable on the following days and times, that is to say, on, etc.; the first of such payments to become due and to be made on the day of next. And the said party of the second part covenants with the said party of the first part to pay rent; and to pay taxes; and to repair; and to keep up fences, and not to cut down timber; and that the said party of the first part may enter and view state of repair; and that the said party of the second part will repair according to notice; and will not assign or sub-let without leave; and that the premises in good repair. Clause as to renewal may be as follows: .... ........ will leave And also, that immediately after the expiration of the said term of years, he, the said party of the first part, his heirs and assigns, shall and will grant another lease of the said hereby demised premises, with the appurtenances, containing the like covenants, conditions, provisos and agreements as are in this lease contained and expressed, and at and under a yearly rent, payable in quarterly payments, the amount to be ascertained in manner following, that is to say: To be fixed on, and determined upon, and declared by two appraisers, to be named and appointed, one of them by the said party of the first part, his heirs and assigns, the other by the said party of the second part, executors, administrators and assigns, with power to them, the said appraisers, to name and call in a third if they cannot agree; such appraisement to be made within fourteen days after the end of the term hereby granted; such rent to be payable in quarterly payments as aforesaid, and to commence from and immediately after the termination of the first term. ........ in ....... at A. B. Dated this...... C. D. E. F. G H. I. J. of ......... A. D. 18... Yours, etc., Lessor. 18.., at .... o'clock, which cattle, goods and chattels are as follows, that is to say: ........ [Describe the property.] 18.. day of ......... Surrender of Lease. Where a surrender of lease is required to be in writing, it must be by deed, and may be conveniently written on the back of the lease intended to be surrendered. No particular form of words is necessary, if the intention can be gathered that the lessee intends to surrender and yield up to the lessor the lease in question for the unexpired portion of the term. A covenant may be added that the lessee has, in himself, good right, full power, and lawful and absolute authority to surrender and yield up the premises to the lessor. The said mortgagor.. covenant.. with the said mortgagee.. that the mortgagor will pay the mortgage-money and interest, and observe the above proviso; That the mortgagor.. ha.. a good title in fee simple to the said lands; and that ..he.. ha.. the right to convey the said lands to the said mortgagee.., and that on default the mortgagee.. shall have quiet possession of the said lands, free from all encumbrances. And that the said mortgagor.. will execute such further assurance of the said lands as may be requisite. And also, that the said mortgagor.. will produce the title-deeds enumerated hereunder, and allow copies to be made at the expense of the mortgagee. And that the said mortgagor.. ha.. done no act to encumber the said lands; and that the said mortgagor.. will insure the building on the said lands to the amount of not less than ........ currency; and the said mortgagor.. do.. release to the said mortgagee.. all claims upon the said lands, subject to the said proviso: Provided that the said mortgagee.., on default of payment for month, may ........ enter on, and lease or sell the said lands: Provided that the mortgagee.. may distrain for arrears of interest: provided that in default of the payment of the interest hereby secured, the principal hereby secured shall become payable; provided that until default of payment the mortgagor.. shall have quiet possession of the said lands. And the said A. B., wife of the said mortgagor, hereby bars her dower in the said lands. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals. 270 FORMS RELATING TO MORTGAGES. and delivery of these presents, the receipt whereof is hereby acknowledged, doth bargain, sell and assign unto the said his executors administrators and assigns, all and every the goods, chattels, furniture and effects in and about the dwelling-house (or store) of the said A. B., situate at, etc., and hereinafter particularly mentioned, that is to say: (Here specify the chattels; or you may refer to a schedule, saying after the word etc. “which are particularly specified in the schedule hereunder written."). ............ his executors, or his executors, ., with interest thereday of ........ next, And the said doth hereby, for himself, his executors and administrators, covenant, promise and agree to and with the said his executors, administrators and assigns, that he the said his executors or administrators, or some or one of them, shall and will, well and truly pay, or cause to be paid, unto the said ..................................... his executors, administrators and assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, on the days and time, and in the manner above limited for the payment thereof. ......... .......... And, also, that in case default shall be made in the payment of the said sum of money in the said proviso mentioned, or the interest thereon, or any part thereof, or in case the said ...... shall attempt to sell or dispose of, or in any way part with the possession of the said goods and chattels, or any of them, or to remove the same or any part thereof out of the without the consent of the said his executors, administrators and assigns, to such sale, removal or disposal thereof, first had and obtained in writing; then and in such case, it shall and may be lawful for the said his executors, administrators and assigns, peaceably and quietly to receive and take unto his or their absolute possession. and thenceforward to hold and enjoy all and every or any of the goods, chattels and premises hereby assigned or intended so to be, and with his or their servant or servants, and with such other assistant or assistants as he may require, at any time during the day to enter into and upon any lands, tenements, houses and premises belonging to and in the occupation of the where the said goods and chattels, or any part thereof, may be, and to break and force open any door, lock, bolt, fastening, hinge, gate, fence, house, building, enclosure and place, for the purpose of taking possession of and removing the said goods and chattels; and to sell the said goods and chattels, or any of them, or any part thereof, at public auction or private sale, as to them, or any of them, may seem meet; and from and out of the proceeds of such sale, in the first place, to pay and reimburse himself or themselves all such sums of money as may then be due, by virtue of these presents, and all such expenses as may have been incurred by the said his ............ executors, administrators and assigns, in consequence of the default, neglect or failure of ......... his executors, administrators and assigns, in payment of the said sum of money, with interest thereon, as above mentioned, or in consequence of such sale or removal as above mentioned; and, in the next place, to pay unto the said ...... his executors, administrators and assigns, all such surplus as may remain after such sale and after payment of all such sum or sums of money, and interest thereon, as may be due by virtue of these presents at the time of such seizure, and after payment of the costs, charges and expenses incurred by such seizure and sale as aforesaid. ......... ONTARIO, Affidavit of Mortgagee. to wit: L. S. of I, C. D., of the in the county of .......... the mortgagee in the within bill of sale, by way of mortgage named, make oath and say, that A. B., the mortgagor in the within bill of sale, by way of mortgage named, is justly and truly indebted to me, this deponent C. D., the mortgagee therein named, in the sum of $......, mentioned therein. That the said bill of sale, by way of mortgage, was executed in good faith, and for the express purpose of securing the payment of the money so justly due, as aforesaid, and not for the purpose of protecting the goods and chattels mentioned in the said bill of sale, by way of mortgage, against the creditors of the said A. B., the mortgagor therein named, or preventing the creditors of such mortgagor from obtaining payment of any claim against him. ... hereby require you, on or before the .......... day of 18.., to pay off the principal money and interest secured by a certain indenture of mortgage, dated the day of 18.., and expressed to be made between on all th..... which said mortgage was registered in the registry office for the on the day of 18.., under the number and has since become the property of the undersigned. And I hereby give you notice that the amount due on the said mortgage for principal, interest and costs respectively, is as follows: And unless the said principal money and interest and costs are paid on or before the said day of........, 18.., I shall sell the said property, comprised in the said indenture (and above described), under the authority of the act entitled "An Act to Give to Mortgagees Certain Powers, now Commonly Inserted in Mortgages," at Dated at money due on or to grow due on a certain chattel mortgage made by which mortgage bears date the ...... day of A. D. 18.., and registered in the office of the clerk of the county court of the count... of on the ...... day of ......... A. D. 18.., ...... as No. that such chattel mortgage has been assigned and that I am the person entitled by law to receive the money, and that such mortgage is therefore discharged. Witness my hand this .... day of ......... ..... A. D. 18.. Occupation... Witness, Residence,... [Usual affidavit of execution to be added.] |