O substitutes shall do therein by virtue hereof. In witness whereof hand and seal, the [Seal] day SWitnesses, with their names, 2 additions, and residence. See the mode of attestation at the end of the next form (3). The following directions respecting the attestations must not be omitted. The acknowledgment may be taken before any judge of the court of the United States, or of a superior court of law or equity in any state, or of a county court, or before the mayor or other chief magistrate of any place, or before a notary public. If there be no public or official seal to the acknowledgment, proof of the execution of the power must be made by oath or affirmation of one of the witnesses, to be taken before some person duly authorised, at the place where the transfer is made. 3. Form of a power of attorney to receive interest, executed before a magistrate. Know all men by these presents, that I do make, constitute and appoint of the county of my true and lawful attorney for me, and in my name, to receive the interest now due, to day of in the year upon all the commissioner of quarter ending the stock standing in my name in the books of loans for the state of with power also an attorney or attornies under him, for that purpose, to make and substitute, and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that my said attorney, or his substitute, shall do therein by virtue hereof. In witness whereof I have hereunto set my hand and seal, this in the year of our Lord day of Sealed and delivered in the presence of us in} [Seal] Witnesses, who must annex their addition, as merchant, farmer, attorney, &c. and also their place of residence. above letter of attorney to be his act and deed. in the year and acknowledged the In testimony whereof I have hereunto set my hand and seal, the day and year last afore said. I, county, to wit. [Seal] clerk of the county aforesaid, do hereby certify, hat esquire, whose hand and seal is affixed to the foregoing certificate of acknowledgment, is a magistrate of the county of and that due faith and credit ought to be paid to all his acts and deeds as such. In testimony whereof I have hereunto set my hand, and caused the seal of my office to be hereunto affixed, this day of of our independence the in the year and 4. Form of a power of attorney to receive an invalid's I, A B, of and appoint C D, of of from the day of pension. county, state of do hereby constitute my lawful attorney, to receive in my behalf my pension for six months, as an invalid of the United States, day of one thousand &c. and ending the of the same year. Signed and sealed in presence of Witnesses. Acknowledged before me Besides the letter of attorney aforesaid, the attorney must produce the original certificate given to the pensioner by the state, and an affidavit made by him agreeable to the following form: A B came before me, one of the justices of the county of in the state of and made oath, that he is the same A B to whom the original certificate in his possession was given, of which the following is a copy (the certificate given by the state to be recited.) That he served (regiment, corps, or vessel) at the time he was disabled, and that he now resides in the sided there for the last in and has re and county of years, previous to which he resided 5. Form of a power of attorney, or order on the auditor, for the amount of a public claim. The auditor of public accounts will please issue a warrant on the treasurer, in favour of A A, for the amount of the above (or within) claim. Witness my hand, this in the year day of BC. Witness, D W. County, to wit. This day D W came before me, a justice of the peace for the county aforesaid, and made oath, that BC acknowledged the above (or within) to be his act and deed. Given under my hand, this kc. day of JP. AWARD. An award upon an order of reference. day of WHEREAS, at a court held for &c. the last, a cause in the said court depending, between A B, plaintiff, and C D, defendant, by consent of parties, was referred to E F, G H, and 1 K, or any two of them, to hear and determine all the said differences. Now we, the said E F, G H, and I K, in pursuance of the said order or rule of reference, having heard both the said parties, their allegations and answers, touching the matters in difference between them, and having thoroughly considered of the same, do award, order, and adjudge, of and upon the premises, in manner and form following, viz. First, we do award, that the said C D shall pay or cause to be paid unto the said A B the sum of of called next, at the house of situate in on the day commonly of the same day: And we do also award and order, that the said A B shall. upon payment of the said sum of execute unto the said C D a general release of the matters to us referred, and that the said C D shall at the same time execute unto the said A B the like release. In witness &c. For other matters relating to awards, see that title in the body of the work. BARGAIN AND SALE. 1. A deed of bargain and sale from husband and wife to the purchaser. day of in the THIS INDENTURE, made the year between A B, and C, his wife, of &c. of the one part, and D E, of &c. of the other part, witnesseth: That the said A B, and C, his wife, in consideration of of lawful money of this commonwealth, to them in hand paid by the said D E, 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, and each of them doth, bargain and sell unto the said DE, his heirs and assigns, a certain &c. (here describe the land particularly) 629 together with all [the singular houses, dove-houses, barns, buildings, stables. yards, gardens, orchards, lands, tenements, meadows. pastures, feedings, commons, woods, underwoods, ways, waters, water courses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever, to the said belonging or appertaining, or with the same used or enjoyed, or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the same, or any part thereof] and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part and parcel thereof: TO HAVE AND TO HOLD the said the tenements, hereditaments, and all and singular other the land, with premises herein before mentioned or intended to be bargained and sold, and every part and parcel thereof, with every of their rights, members, and appurtenances unto the said D E, his heirs and assigns, for ever [to and for the only proper use and behoof of him, the said DE, his heirs and assigns, for ever.] AND the said A B, and C, his wife, for themselves and their heirs, the said gular the premises and appurtenances before mentioned, unto the said with all and sinDE, his heirs and assigns, free from the claim or claims of them, the said A B, and C, his wife, or either of them, their or either of their heirs, and of all and every person or persons whatsoever, shall, will, and do warrant and for ever defend by these presents. In witness whereof, the said A B, and C, his wife, have hereunto set their hands and seals, the day and year first above written. If the conveyance is made by an unmarried man, whatever relates to a wife in the foregoing precedent must be omitted. For the sake of brevity, the words included thus [ ] have of late been omitted, and instead thereof, after a description of the land, the words, with all and singular the appurtenances, c. have been substituted. It must be admitted, that in conveyances in this country, where it is usual to describe the land by metes and bounds, and not merely by name, as in England, many of those words are unnecessary; as by a grant of the land itself, those things by operation of law pass with it. (See Co. Lit. 4, a.) But it must also be recollected, that the term appurtenan ces, in its legal signification, is much too limited to comprehend the various rights and privileges often intended to be granted. (See Co. Lit. 121, b.) For the mode of proceeding on examining a feme covert, or married woman, as prescribed by our laws. See Virg. Laws, th. 90, sect. 6, p. 166, of the Revised Code. 2. Deed of bargain and sale, with various covenants. This form, which has been long settled by the best conveyancers in England, is, in my judgment, greatly to be preferred to the other, which is in general use in this country. Where there is simply a clause of warranty, it may be questionable whether the grantee can recover, unless there be an actual eviction. This point has been so decided in the supreme court of Massachusetts. (See 1 Mass. Rep. 464.) What would be the determination of our own supreme court, it is impossible to say. Should it be the same as that of Massachusetts, what would be the situation of a purchaser, who had paid the whole of his purchase money, and who had never been evicted, but discovered a deficiency in the quantity of the land? Would an action of assumpsit lie, on account of a consideration which had failed, when the evidence of the contract was founded on a deed? These difficulties suggest the propriety of inserting such covenants in the deed as will embrace every possible case.] THIS INDENTURE, made this year of our Lord day of in the BETWEEN A B, &c of the county of of the one part, and CD, of the same county (or, of the county of ) of the other part, WITNESSETH, That the said A B, &c. for and in consideration of the sum of of lawful money of Virginia, to him in hand paid by the said C D, at or before the sealing and delivery of these presents (the receipt whereof the said A B, &c. doth hereby acknowledge, and thereof, and of every part and parcel thereof, doth clearly exonerate, acquit, and discharge, the said C D, his heirs, executors, administrators, and assigns, and every of them for ever, by these presents) HE, the said A B, &c. HATH granted, bargained, sold, aliened, enfeoffed, and confirmed, and by these presents DOTH grant, bargain, sell, alien, enfeoff, and confirm, unto the said C D, his heirs and assigns, for ever, all that certain tract or parcel of land, with the appurtenances, situate, lying, and being in the county of containing acres (be the same more or less, if such was the contract) and bounded as follows, to wit, BEGINNING at &c. (here describe the land particularly, by metes and bounds) and the reversion and reversions, remainder and remainders, of all and singular the said tract or parcel of land, and premises, hereby granted, or mentioned to be hereby granted, and of every part and parcel thereof; and all the rents, issues, services, and profits, to the same, or any part or parcel thereof, incident, belonging, or appertaining; and also all and every the estate and estates, rights, titles, claims, interests, and demands whatsoever, of him, the said A B, &c. in, to, or out of the said tract of land, and every part and parcel thereof: To have and to hold the said tract or parcel of land, and all other the premises hereby granted, bargained, and sold, or mentioned or intended to be hereby granted, bargained, and sold, and every part and parcel thereof, with their and every of their appurtenances, unto the said CD, his heirs and assigns, for ever, to the only and proper use and behoof of him, the said C D, his heirs and assigns, for ever: And the said A B. &c. doth hereby grant, for him and his heirs, that he, the said A B, and his heirs, the said tract or parcel of land, and premises, hereby granted, › or mentioned to be granted, and every part or parcel thereof, with all and singular their and every of their rights, members and appurtenances, unto the said C D, his heirs and assigns, against him, the said A B, &c. and his heirs, and against all and every other person and persons whatsoever, shall and will warrant, and for ever defend, by these presents. And the said A B, &c. for himself, his heirs, executors, and administrators, and for every of them, doth covenant and grant to and with the said C D, his heirs and assigns, and to and with every of them, by |