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these presents, in manner and form following (that is to say) that the said AB, &c. now is true and lawful owner of the said tract of land, and other the premises hereby granted, or mentioned to be hereby granted, and of every part and parcel thereof, with their and every of their appurtenances, and is rightfully and absolutely seised thereof, and of every part and parcel thereof, of a good, pure, absolute, and indefeasible estate of inheritance, in fee simple, without any manner of condition, trust, contingent, covenant, proviso, or limitation of use or uses, or other restraint, matter, or thing whatsoever, to alter, change, charge, determine, incumber, defeat, or evict the same: And also, that he, the said A B. &c. now hath good right, lawful and absolute power and authority in himself, to grant, alien, and convey, all and singular the said tract of land and premises hereby granted, or mentioned to be hereby granted, as aforesaid, and every part and parcel thereof, with the appurtenances, unto the said CD, his heirs and assigns, to the only use of him. the said C D, his heirs and assigns, in manner and form aforesaid: And also, that the said C D, his heirs and assigns, and every of them, shall or lawfully may, from time to time, and at all and every time and times hereafter, have, hold, occupy use, possess, and enjoy, all and singular the said tract of land, and premises hereby granted, or mentioned to be hereby granted, and every part and parcel thereof, with all and singular their and every of their appurtenances, and all and every the rents, issues, and profits and commodities thereof, arising, accruing, and growing, to have, receive, and take, without any manner of let, suit, trouble, vexation, eviction, disturbance, or other hindrance or molestation whatsoever, of or by the said A B, &c. his heirs or assigns, or any other person or persons whatsoever, lawfully claiming or to claim the said tract of land and premises, or any part or parcel thereof: And also, that the said land, tenements, hereditaments, and premises, hereby granted, or mentioned or intended to be hereby granted, as aforesaid, and every part and parcel thereof, with all and singular their and every of their appurtenances, now are and be, and from henceforth for ever hereafter shall continue, remain, and be, unto the said C D. his heirs and assigns, free and clear, and freely and clearly, and absolutely freed and acquitted, exonerated, and discharged, of and from all and all manner of former and other bargains, sales, gifts, grants, feoffments, devises, uses, jointures, dowers, estates, leases, rights, titles, rents, arrears of rents, issues, fines, amercements, debts, duties, judgments, executions, and all debts of record, extents, seizures, charges, titles, troubles, forfeitures, annuities, and incumbrances, whatsoever, had, made, committed, done, acknowledged, or suffered, or caused to be had, made, committed, done, acknowledged, by the said A B, &c. or by any other person or persons whatsoever. [For the clause for further assurances, see RELEASES, No. 2, at the end.] 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 these presents, that he, the said A B, &c. hath not done, committed, executed, or suffered, any act or acts, thing or things, whatsoever, whereby the said tract of land and premises, or any part thereof, now or at any time hereafter shall or may be impeached or incumbered in title, charge, estate, or otherwise, In witness whereof,

the said A B. &c. hath hereunto set his hand, and affixed his seal, the day and year first above written.

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If the deed be made by husband and wife, it must be so expressed; and the other parts of the deed, relating to the grantors, must consequently be in the plural.

BILLS OF EXCHANGE.

THE following examples of an inland and foreign bill of exchange, drawn in conformity to the precautions recommended by Beawes (Ler Mercatoria, p. 451) it is presumed will suffice.

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to Mr. A B, or order, ten thousand dollars, value received of him, and place the same to account, as per advice (or, without further advice) from

To Mr. E F, merchant, in Alexandria.

CD.

A foreign bill.

Richmond, May 24th, 1810.

Exchange for 10,000 7. sterling.

days after date (or, at

At days after sight) of this my first bill of exchange (second and third of the same tenor and date not paid) pay to Messrs. A B & Co. or order, ten thousand pounds sterling, value received of them, and place the same to account, as per advice.

To Mr. E F, merchant, London.

CD.

If current money is paid for a foreign bill, then after the word 'sterling' add for Virginia currency, value here received. By the laws of Virginia, " In all bills of exchange due in current money of this commonwealth, or for current money advanced and paid for such bills, the sum in current money that was paid, or allowed for the same, shall be mentioned and expressed in such bill; and in default thereof, in case such bill shall be protested, and a suit brought for the recovery of the money due thereby, the sum of money expressed in such bill shall be held and taken as current money, and judgment

shall be entered accordingly." See Virginia Laws, 1 Rev. Code, ch. 77, sect. 4, p. 114.

By Virginia Laws, ch. 29, p. 36, sect. 1, of 1 Rev. Code, "If a bill of exchange, for the sum of five pounds, or upwards, dated at any place in Virginia, drawn upon a person at any other place therein, expressed to be for value received, and payable at a certain number of days, weeks, or months, after date, being presented to the person upon whom it shall be drawn, shall not be accepted, by subscribing his name, with his proper hand, to the acceptance, written at the foot, or on the back of the bill, or being accepted in that manner, and not otherwise, shall not be paid before the expiration of three days after it shall become due, the person to whom it shall be payable, or his agent, or assigns, may cause the bill to be protested by a notary public, or, if there be no such, by any other person, in presence of two or more credible witnesses, for non-acceptance, in the form or to the effect following, written under a fair copy of the bill.

on the

Know all men, that I, usual place of abode of the above-named

day of

at the presented to him did do hereby protest the said

the bill, of which the above is a copy, and which the said not accept, wherefore I, the said

this

day of

;

bill. Dated at Or for non-payment, after acceptance, in the same form, or to the same effect, except that the words "presented to him the bill, of which the above is a copy, and which the said did not accept," shall be left out, and instead of them the words, "demanded payment of the bill, of which the above is a copy, and which the said did not pay," be inserted: And the drawer, such protest being sent to him, or notice thereof in writing being given to him, or left at the place of his usual abode, within fourteen days thereafter, shall pay the money mentioned in the bill to the person entitled to receive it, with interest, at the rate of five per centum by the year, from the day of the protest; and he to whom the bill shall be payable, neglecting to procure the protest to be made, or due notice thereof to be given, shall be liable for all costs and damages accruing thereby."

Sect. 2. "If the bill shall be lost, or shall miscarry, the drawer shall sign and deliver another of the same tenor, sufficient security being given to indemnify him against all persons who may claim under the former."

BILLS OF SALE.

1. Bill of sale of a slave.

Know all men by these presents, that I, A B, of consideration of the sum of

for and in

to me in hand paid by C D, of

at and before the sealing and delivery of these presents (the receipt whereof I do hereby acknowledge) have bargained, sold, grant

ed, and confirmed, and by these presents do bargain, sell, grant, and confirm, to the said C D a certain female negro slave, named

:

To have and to hold the said female negro slave, and her future increase, to the only proper use and behoof of the said C D, his executors administrators and assigns. for ever. And I, the said A B, for myself, my executors, and administrators, the said female negro slave, with her future increase, to the said CD, his executors, administrators, and assigns, against me, the said A B, my executors, administrators, and assigns, and against all and every other person and persons whatsoever, shall and will warrant, and for ever defend, by these presents. In witness whereof, I have hereunto set my hand, and affixed my seal, this day of in the year

Sealed and delivered, and possession delivered, ?

in presence of

}

If the bill of sale be for a male negro slave, it must be so expressed; and whatever relates to the future increase must be omitted. The above form may easily be altered to suit a conveyance of other personal property.

2. Bill of sale, in nature of a mortgage.

(The above form may be pursued to the end of the clause of warranty, at these words, "and for ever defend by these presents," then say) Provided always, and it is hereby agreed between the said parties to these presents, that if I, the said A B, my executors, administrators, or assigns, or any of us, do and shall well and truly pay, or cause to be paid, unto the said C D, or his certain attorney, executors, administrators, or assigns, the full sum of on or before the for the redemption of the hereby bargained premises, then these presents, and every clause, article, condition, and thing, herein contained, shall cease and be void, otherwise to remain in full force and effect. In witness &c.

day of

in the year

BOND.

of lawful

KNOW all men by these presents, that I, A B, of &c. am held and firmly bound unto C D, of &c. in the sum of money of this commonwealth, to be paid to the said C D, or his certain attorney, executors, administrators, or assigns; for the true payment whereof, I bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal. Dated the day of

in the year

The condition of the above obligation is such, that if the abovebounden A B, his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the above-named CD,

on

his executors, administrators, or assigns, the full sum of the day of next ensuing the date of the above written obligation, then the above obligation to be void, or else shall remain in full force.

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Where the condition of the bond is for the payment of money, the sum expressed in the condition is usually half that of the penalty. Bonds are also frequently entered into, conditioned for the perform ance of covenants, &c.

COVENANTS.

It will not be necessary to insert any precedents under this head, as no set form of words are necessary to be made use of in creating a co

venant.

Any form of expression amounting to an agreement, if under seal, is sufficient. Doug. 737.

GIFT. [DEED OF]

A deed of gift of personal estate.

KNOW all men by these presents, that I, A B, of &c. for and in consideration of the natural love and affection which I bear to C D, of &c. as well as for the further consideration of one dollar to me in hand paid, by the said C D, at or before the ensealing and delivery of these presents (the receipt whereof is hereby acknowledged) have given and granted, and by these presents do give and grant unto the said CD, his executors, administrators, and assigns (here describe the property particularly) to have and to hold the said unto him the said C D,

unto

his executors, administrators, and assigns, forever. And the said A B, for himself, his executors, and administrators, the said the said CD, his executors, administrators, and assigns, against the claim of him the said A B, his executors, and administrators, and against the claim or claims of all and every person or persons whatsoever, shall and will warrant, and forever defend them by these pre

sents.

In witness &c.

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