tions, quarrels, controversies, trespasses, damages, and demands, whatsoever, at any time or times theretofore had, made, commenced, sued, prosecuted, or depending, by or between the said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the same, on or before the

day of this instant, as by the said obligations and conditions thereof it doth and may appear: Now know ye, that the said A. A., C. C., and D. D., taking upon them the charge and burden of the said award, and having deliberately heard the allegations and proofs of both the said parties, do, by these presents, arbitrate, award, order, decree, and adjudge, of and concerning the premises, in manner and form following; that is to say:

First, they do award, order, decree, and adjudge, that the said F. F., or his heirs, shall and do, on or before the day of next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest, as lessee for years, of a certain farm in the possession of the said F. F., situate pursuant and according to the true intent and meaning of certain articles of agreement, bearing date on or about the day of - and

made between the said F. F., of the one part, and the said E. E., of the other part, or as rear the same as the present circumstances will admit.

day of

And also, the said arbitrators do further award, decree, and adjudge, that the said F. F., his executors or administrators, shall and do, on or before the next ensuing the date hereof, pay, or cause to be paid, unto the said E. E., his executors or administrators, at, or in the now dwelling-house of the said E. E.. in aforesaid, the sum of fifty dollars, in full payment, dis charge, and satisfaction, of and for all moneys, debts, dutics, due or owing unto the said E. F., by the said F. F., upon any account whatsoever, at any time before their entering into the said bonds of arbitration, as aforesaid.

And also, the said arbitrators do hereby further award, order decree, and adjudge, that all actions and suits commenced brought, or depending between the said E. E. and F. F., for any natter, cause, or thing whatsoever, arising or happening at the time of, or before their entering into the said bonds of arbitration, shall, from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent, or procurement.

And lastly, the said arbitrators do hereby further award, order, adjudge, and decree, that the said E E. and F. F. shall and do, within the space of two days next ensuing the date of this present award, seal and execute unto each other mutual and general reIcases of all actions, cause and causes of actions, suits, contro

versies, trespasses, debts, duties, damages, accounts, reckonings, and demands whatsoever, for or by reason of any matter, cause, or⚫ thing whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration, as aforesaid. In testimony, &c., [as in Certificate of Magistrate, &c.]

APPOINTMENTS.

Appointment of a Guardian by a Minor.

KNOW all men by these presents, that I, A. B., of, son and heir of W. B., late of - deceased, being above the age of fourteen years, namely, about the age of seventeen years, have nominated, elected, and chosen, and by these presents do, &c., C. D., of to be guardian, as well of my person as of my real and per sonal ostate, until I shall attain the age of twenty-one years, &c. In witness whereof, I have hereunto set my hand and seal, this day of in the year one thousand eight hundred and

sixty.

A. B. [SEAL.]

AFFIDAVITS.

Common Form of Affidavit.

SUFFOLK Co., ss.

BOSTON, May 1, 1860.

COM. MASS.

THEN the above named A. B. personally appeared, and made oath [or, solemnly affirmed] that the foregoing declaration, by him subscribed, is true J. S., Justice of the Peace.

in

Before me,

Affidavit to hold to Bail.

A B., of county, merchant, on oath declares, that he has a demand against the within named C. B., upon the cause of action stated in the within writ, which he believes to be justly due, and upon which he expects that he will recover ten dollars or upward; and that he has reasonable cause to believe that said C D. is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not to return until after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit.

A. B. Subscribed and sworn to, this first day of January, A. D. 1860 J. S., Justice of the Peace.

Before me,

COM MASS

The same, by an Agent or Attorney.

SUFFOLK, SS.

A. B., of Boston, in said county, merchant, agent (or attorney) of C. D., of the city, county, and state of New-York, merchant, on oath declares, that the said C. D. has a demand against the within-named E. F. upon the cause of action stated in the within writ, which this deponent believes to be justly due, and upon which he expects that the said C. D. will recover ten dollars or upwards; and that this deponent has reasonable cause to believe that said E. F is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not to return till after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit. A. B.

Subscribed, &c., [as in Affidavit to hold to Bail.

Affidavit by a Party in a Cause,

TO PROVE A FACT IN COURT.

I, A. B, plaintiff in the above-entitled cause, on oath depose and say, that the original paper, of which a copy has been produced, was in my possession on or about the first day of July last, since which time I have not seen the same, and I suppose and believe it to have been lost.

Subscribed, &c., [as in Affidavit to hold to Bail.]

ASSIGNMENTS.

AN assignment is valid only when made in good faith. Any party interested in testing its validity, can do so in an action; if it can be shown before a jury that the assignment was made to evade debts due to creditors, they will set it aside; if such fraud cannot be proved, then it will stand.

An assignment by a debtor for the benefit of his creditors must be unconditional surrender of all his effects. If he secretly hold back any property, such withholding is fraudulent, and punishable by statute.

An insolvent debtor has the right to prefer one creditor to the exclusion of all others, in case it be done in good faith This right remains with him even after suit has been commenced against him by another creditor

An assignment by an insolvent debtor in trust to pay certain creditors, who are to transfer the residue to the debtor, is void as to the remaining creditors; and evidence that there would be nc surplus, will not render it valid.

An assignment authorizing the assignee to change, at discretion, the order of preference of creditors is void.

All assignments for the benefit of creditors must be accompanied by immediate delivery of the property.

Trustees and assignees are entitled to the same compensation that is allowed to executors, administrators, and guardians.

Assignments, and assignments of mortgages, must be acknowledged and recorded, like all other conveyances of property.

General Form of Assignment,

TO BE WRITTEN OR ENDORSED ON THE BACK OF ANY INSTRUMENT

KNOW all men by these presents, that I, the within-named A. B., in consideration of one hundred dollars to me paid by C. D., have assigned to the said C. D., and his assigns, all my interest in the within written 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, and at his own risk and cost, to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitution.

In testimony whereof, I have hereunto set my hand and seal, this tenth day of May, one thousand eight hundred and sixty. Executed and delivered

}

A. B. [SEAL.]

Assignment of Partnership Property and Debts,

BY ONE PARTNER TO ANOTHER, IN TRUST, TO CLOSE THE CONCERN.

WHEREAS, a co-partnership has heretofore existed between D. H. and A. B., both of the city of Boston, which co-partnership has been known under the name of H. and B., and which it is the intention of the said co-partners forthwith to dissolve and determine:

Now, this indenture of two parts, made this the 8 year

day of —, in

by and between the said D. H., of the cae part, and the said A. B., of the other part, witnesseth:

First. That the co-partnership aforesaid, is hereby, by the mu tual consent of the said parties, dissolved and determined.

Second, The said 1). II doth hereby sell, trausfer, assign and set over unto the said A. B., his moiety of all the stock in trade, goods, merchandise, effects, and property of every description belonging to or owned by the said co-partnership, wherever the same may be, together with all debts, cases in action, and sums of money due and owing to the said firm from any and all persons whomsoever to hold the same to the said A. B. and his assigns forever, in trust for the following purposes, namely that the said A. B. shall sell and dispose of all the goods, property, and effects belonging to th said firm, at such time and in such manner as he may think pru dent; and shall, with reasonable diligence, collect all the debt and sums of money due and owing to the said firm; and shall, out of the proceeds of the said sales, and with the money thus col· lected, pay and discharge all the debts and sums of money now due and owing from the said firm, as far as the proceeds of said sales and the sums of money collected will go; and, after fully satisfying all demands against the said firm, if there be any surplus, shall pay over one moiety thereof to the said D. H. or his assigns.

Third. The said D. H. doth hereby constitute and appoint the said A. B. his attorney irrevocable, in his, the said A. B.'s own name, or in the name of the said firm, to demand, collect, sue for and receive any and all debts and sums of money due and owing to the said firm; to institute and prosecute any suits for the recov ery of the said debts, or to compound the same, as he may judge most expedient; to defend any and all suits against the said firm, to execute all such paper writings and acquittances as may be ne cessary; and generally to do all such acts and things as may be necessary or proper for the full and complete settlement of all business and concerns of the said co-partnership.

Fourth. The said A. B., for himself and his heirs, executors, and administrators, hereby covenants to and with the said D. H. and his assigns, that he will sell and dispose of all the partnership proerty and effects to the best advantage; that he will use his best diligence and endeavors to collect all debts and sums of money due and owing to the said firm; and that he will truly and faithfully apply the proceeds of said sale, and the moneys collected, to the payment, discharge, and satisfaction of all debts and demands against the said firm, as far as the same will go and, after discharging all such debts, will pay over to the said D. H., or his assigns, one moiety of any surplus that may remain; and further, that he will keep full and accurate accounts of all moneys received by him for goods sold, or debts collected; as well as of moneys paid out, and will render a just, true, and full account therefor to the said D. H.

Fifth. The said D. H., for himself, &c., covenants to and with the said A. B., &c., that, upon settlement of accounts if it shal be