covenants, and agreements hereinafter mentioned, reserved, and
contained on the part of the said party of the second part, his
executors, administrators, and assigns, to be paid, kept, and
performed, has demised and to farm let, unto the said party of the
second part, his executors, administrators, and assigns, all (insert
description), with the appurtenances, unto the said party of the
second part, his executors, administrators, and assigns, from the ____
day of ________, 19__, for the term of ten years then next ensuing,
yielding and paying therefor, unto the said party of the first part,
his heirs or assigns, yearly and every year during the said term
hereby granted, the yearly rent or sum of $________, in equal
half-yearly payments, to-wit: on the 1st days of October and April in
each and every year; provided, that if the yearly rent above reserved,
or any part thereof, shall be unpaid on any day of payment whereon the
same ought to be paid as aforesaid; or if default shall be made in any
of the covenants or agreements herein contained, on the part of the
said party of the second part, his heirs or assigns, to re-enter upon
the said premises, and the same to have again, as in their first and
former estate.
And the said party of the second part does covenant and agree, with
the said party of the first part, his heirs and assigns, that he, the
said party of the second part, his executors, administrators, or
assigns, will yearly and every year during the said term, pay unto the
said party of the first part, his heirs or assigns, the yearly rent
above reserved, on the days and in manner limited and prescribed as
aforesaid, for the payment thereof, without any deduction or delay.
And that the said party of the second part, his executors,
administrators, or assigns, will, at his own proper costs and charges,
bear, pay, and discharge all taxes, duties, and assessments, as may,
during the said term hereby granted, be charged, assessed, or imposed
upon the said demised premises. And that on the determination of the
estate hereby granted, the said party of the second part, his
executors, administrators, or assigns, shall and will leave and
surrender unto the said party of the first part, his heirs or assigns,
the said demised premises in as good stage and condition as they are
now in, ordinary wear and damages by the elements excepted.
And the said party of the first part does covenant and agree, with the
said party of the second part, his executors, administrators, and
assigns, that the said party of the second part, his executors,
administrators, and assigns, paying the said yearly rent above
reserved, and performing the covenants and agreements aforesaid on his
part, the said party of the second part, his executors,
administrators, and assigns, shall and may at all times during the
said term hereby granted, peaceably have, hold, and enjoy the said
demised premises, without any manner of trouble or hindrance of or
from the said party of the first part, his heirs or assigns, or any
other person or persons whomsoever.
In witness whereof, the parties to these presents have hereunto set
their hands and seals.
Sealed and delivered in the presence of
________
A.B. (L.S.)
25
Lease of Furnished Rooms
Memorandum. It is agreed by and between A.B. and C.D., as follows,
viz.: The said A.B., in consideration of the rent hereinafter
mentioned and agreed to be paid to him, hath letten to the said C.D.
one room, up two flights of stairs forward, part of the now
dwelling-house of the said A.B. situate on ________ Street, in the
city of ________, together with the furniture at present standing
therein--that is to say: (insert furniture). To hold to the said C.D.
for the term of two years, to commence from ________, 19__, at the
yearly rent of $100, to be paid quarterly to the said A.B.
The said C.D., in consideration hereof, agrees to pay the aforesaid
yearly rent of $100, at the times above limited for payment thereof;
and at the end of the term, or in case of any default in the payment,
shall and will, on the request of the said A.B., or his assigns,
immediately yield and deliver up to him or them, the peaceable and
quiet possession of the said room, together with the whole furniture
he, from the first entrance thereon, there found and possessed, in
good, and sufficient plight and condition, reasonable wear and tear
only excepted.
In witness whereof the parties have signed this agreement, this ____
day of ________, 19__.
A.B.
C.D.
26
Assignment of Lease
For and in consideration of the sum of $________, to me in hand paid
by E.F., I hereby assign and transfer to said E.F. a certain lease,
bearing date ________, 19__, and made by A.B. to me, C.D., for
(describe the premises), together with all and singular the buildings
and appurtenances thereunto belonging, or in any wise appertaining,
subject, however, to the rents hereafter to accrue and the covenants
and conditions contained in said lease.
C.D.
27
Assignment of Lease--Another Form
Know all men by these presents, that I, A.B., the within-named lessee,
for and in consideration of $50, to me in hand paid by C.D., of the
town of Franklin, County of Albany, at and before the sealing and
delivery hereof, the receipt whereof I do hereby acknowledge, have
granted, assigned and set over, and by these presents do grant, assign
and set over, unto the said C.D., his executors, administrators, and
assigns, the within indenture of lease, and all that house and farm
therein described, with the appurtenances, and also my estate, right,
title, term of years yet to come, claim and demand whatsoever, of, in,
to, or out of the same. To have and to hold the said house and farm,
and the appurtenances thereof unto the said C.D., his executors,
administrators, and assigns, for the residue of the term within
mentioned, under the yearly rent and covenants within reserved and
contained, on my part and behalf to be done, kept and performed.
Witness my hand and seal, this June 20, 19__.
A.B. (L.S.)
(Acknowledgment.)
28
Notice to Quit
To C.D.:
I hereby notify you to leave the premises now occupied by you, to-wit:
(Lot 8 in Block 144, in the city of ________, ________ county,
________.) If you fail to comply with this notice within three days
after its service, I shall instigate legal proceedings to obtain
possession of said premises.
(Signed) A.B.
29
Subscription to Build a Church
Whereas, the trustees of the church corporation, known as the "Church
of the Puritans," are about erecting a church edifice for such
corporation; now, we, the undersigned, for the purpose of such
erection, hereby agree to and with such trustees and to and with each
other, to pay to B.B., the treasurer of said corporation, the several
sums by us set opposite our several names, for the purpose of such
erection, and we hereby authorize and direct the said trustees to
expend such sums in the erection of the same. The said sums are to be
paid to the said treasurer on or before the 1st day of March, 1900.
NAMES AMOUNT
A.B. $600
C.C. 400
30
Power of Attorney
Know all men by these presents, that we ________ and ________, husband
and wife of the county of ________, and state of ________, have made,
constituted and appointed, and do hereby make, constitute and appoint
________ of the county of ________, and state of ________, our true
and lawful attorney for us and in our names, place and stead, to sell
and convey by a good and sufficient deed, with full covenants of
warranty the following described real estate, to-wit: (describe),
hereby giving and granting to our said attorney full power to do and
perform every act and thing necessary to be done in the premises as
fully as we could do if personally present, hereby ratifying and
confirming all that our said attorney shall do by virtue hereof.
In witness whereof we have hereunto set our hands this ____ day of
________, 19__.
In the presence of ________
________ ________
State of ________}
________ County. }
On this ____ day of ________, 19__, before me, a justice of the peace
in and for said county, personally came the above named ________ and
________, who are known to me to be the identical persons whose names
are affixed to the above power of attorney as makers thereof, and
severally acknowledged the instrument to be their voluntary act and
deed.
In witness whereof I have hereunto set my hand the day and year above
written.
A.B.
Justice of the Peace.
31
Power of Attorney to Transfer Stock
Know all men by these presents, that ________, for value received,
ha____ bargained, sold, and assigned, and by these presents do
bargain, sell, and assign unto ________, the following described
stock, to-wit: ________ unto ________, belonging and held by
certificate No. ________, in ________ name, and hereunto annexed, and
do hereby constitute and appoint ________, true and lawful attorney,
irrevocably, for ________, and in ________ name and stead, to ________
use, to assign and transfer the said stock unto ________ and for that
purpose to make and execute the necessary acts of assignment and
transfer, and an attorney, or attorneys under ________, for that
purpose, to make and substitute, and to do all other lawful acts
requisite for effecting the premises, hereby ratifying and confirming
the same.
In witness whereof ________ have hereunto set ________ hand ____ and
seal ____ in the city of ________, the ____ day of ________, in the
year of our Lord, 19__.
State of Ohio,
City and County of ________ss.:
On the ____ day of ________, 19__, personally appeared before me
________, to me known to be the person ________ described in, and who
executed the within instrument, and acknowledged the execution of the
same for the uses and purposes therein mentioned.
32
Certificate of Stock
No. ________ No. of shares ________
Par value of each, $________
The ________ Company:
This is to certify that ________ is the owner of ________ ________
shares of the capital stock of the ________ Company, transferable only
on the books of the company by the holder thereof, in person or by
attorney, on the surrender of this certificate.
In witness whereof, the said company has caused its corporate seal to
be affixed, hereto, and this certificate to be signed by its president
and treasurer.
________, N.Y. ________, 19__.
________ President.
________ Treasurer.
On back of the certificate a blank transfer, in following form, should
be printed.
For value received, ________ hereby sell, assign, and transfer
unto ________ shares of the within-mentioned stock, and do
hereby constitute and appoint ________, attorney to transfer
the same on the books of the company.
Witness my hand and seal, this ____ day of ________ ________,
19__.
Witness: ________
________ (SEAL)
33
Agreement to Sell Shares of Stock
Memorandum of agreement, made this ____ day of ________, 19__, between
A.A., of the city of New York, of the first part, and B.B., of the
same place, of the second part, witnesseth: That the said A.A. agrees
to sell and convey to the said B.B., on or before the 1st day of May
next, 1,000 shares of the capital stock of the New Haven Bank, for the
price or sum of $110 per share, and to make, execute, and deliver to
the said B.B. all assignments, transfers, and conveyances necessary to
assure the same to him, his heirs and assigns.
In consideration whereof, the said B.B. agrees to pay unto the said
A.A. the price or sum or $110 for each and every share of the said
stock so assigned, whenever, and as soon as the said assignment and
the scrip of stock so assigned shall be properly executed and
delivered to the said B.B.
In witness whereof, the said parties have hereunto set their hands and
seals, the day and year first above written.
A.A. (L.S.)
B.B. (L.S.)
34
Transfer of Shares of Stock
Know all men by these presents, that I, A.B., ________ for value
received, have bargained, sold, assigned, and transferred, and by
these presents do bargain, sell, assign, and transfer unto C.D.,
sixteen shares of the capital stock, standing in my name on the books
of the ________ First National Bank, and ________ do hereby constitute
and appoint the said C.D., ________ my true and lawful attorney,
irrevocable, for me and in my name and stead, but to his use, to sell,
assign, transfer, and set over all or any part of the said stock, and
for that purpose, to make and execute all necessary acts of assignment
and transfer, and one or more persons to substitute with like full
power, hereby ratifying and confirming all that my said attorney, or
his substitute, or substitutes, shall lawfully do by virtue hereof.
In witness whereof, I have hereunto set my hand and seal the ____ day
of ________, 19__.
A.B. (SEAL)
35
Assignment of Policy of Insurance
Know all men by these presents, that I, A.B., of the village of
Coxsackie, for and in consideration of $25, to me in hand paid by C.D.
of the same place, the receipt whereof is hereby acknowledged, have
sold, assigned, transferred, and set over, and by these presents do
sell, assign, transfer, and set over, unto the said C.D. the policy of
insurance, known as policy No. 23,685 of the Indemnity Insurance
Company, and all sum and sums of money, interest benefit and advantage
whatsoever, now due, or hereafter to arise, or to be had or made by
virtue thereof, to have and to hold the same unto the said C.D., and
his assigns forever.
In witness whereof, I have hereto affixed my hand, this June 20, 19__
(A.B.)
(Acknowledgment.)
36
Assignment of Patent Right
"Whereas, letters-patent, bearing the date the 10th of January, 1921,
were granted and issued by the Government of the United States, under
the seal thereof, to A.B., of the town of Bristol, of the State of
Pennsylvania, for (here state the nature of the invention) a more
particular and full description thereof is annexed to the said
letters-patents in a schedule; by which letters-patents the full and
exclusive right and liberty of making and using the said invention,
and of vending the same to others to be used, was granted to the said
A.B., his heirs, executors, and administrators, or assigns, for the
term of seventeen years, from the same date.
Now, know all men by these presents, that I, the said A.B., for and in
consideration of the sum of $100, to me in hand paid, the receipt
whereof is hereby acknowledged, have granted, assigned and set over,
and by these presents do grant, assign, and set over unto C.D., of the
said town of Bristol, his executors, administrators, and assigns,
forever, the said letters-patent, and all my right, title and interest
in and to the said invention, so granted unto me: to have and to hold
the said letters-patent and invention, with all benefit, profit and
advantage thereof, unto the said C.D., his executors, administrators,
and assigns, in as full, ample, and beneficial manner, to all intents
and purposes, as I, the said A.B., by virtue of the said
letters-patent, may or might have or hold the same, for and during all
the rest and residue of the term for which said letters-patent are
granted.
In witness whereof, I have hereto affixed my hand and seal, this 10th
day of June, 19__.
A.B. (L.S.)
In the presence of
E.F.
G.H.
(Acknowledgment.)
37
Bond for Payment of Money
(As in Form No. 6, and then as follows):
The condition of this obligation is such, that if the above-bounden
A.B., his heirs, executors, and administrators, or any of them, shall
well and truly pay, or cause to be paid, unto the above-named C.D.,
his executors, administrators, or assigns, the just and full sum of
$1,000, lawful money, as aforesaid, in manner following, to-wit: $300
part thereof, on the ________ ____ day of ________ next ensuing the
date hereof; $300 more thereof on the ____ day of ________, the next
following; and $400, the residue, and in full payment thereof, on the
____ day of ________, which will be in the year of ________; then this
obligation to be void; but if default shall be made in payment of any
or either of the said sums on the days and times hereinbefore
mentioned and appointed for payment thereof, respectively, then this
bond shall remain in full force and virtue.
A.B. (L.S.)
38
Articles of Co-Partnership
This agreement entered into this ____ day of ________, 19__, by and
between A.B. and C.D., witnesseth, that said parties have formed a
co-partnership for the purpose of carrying on the business of &
________ at ________, upon the following terms and conditions:
First: The name and style of said co-partnership shall be A.B. & C.D.,
and shall continue ________ years from this date, unless sooner
terminated by the death of either of said partners.
Second: The said A.B. shall contribute to the capital stock of said
firm the sum of $________, and the said C.D. the sum of $________, and
said partners shall be the owners of the stock in that proportion, and
any further increase of the capital stock shall be contributed by said
partners in the same ratio.
Third: All the profits which shall accrue to said partnership shall be
equally divided between said partners; and all losses from whatever
cause shall be borne by them in proportion to their interests in the
stock of said firm.
Fourth: Neither of said partners shall sign or in any manner become
liable upon any promissory note or other obligation, for the
accommodation of any person whatsoever, nor lend any of the
co-partnership funds without the consent in writing of the other
partner.
Fifth: Neither party shall withdraw from the funds of the firm to
exceed the sum of $________, per annum, in ________ in installments of
not to exceed the sum of $________, but neither shall at any time be
entitled to draw in excess of his share of the profits then earned.
Sixth: All transactions and accounts of the firm shall be kept in
regular books, which shall be open at all times to the inspection of
either party or their representatives.
Seventh: An invoice of stock shall be taken on the first day of
January of each year, and the account between the parties settled at
that time. And an invoice be taken and an account had at any other
time when either partner shall demand the same in writing.
Eighth: No transaction outside of the ________ business shall be
entered into by either of said partners without the consent in writing
of his co-partner. And any violation of the terms of this agreement
shall be sufficient cause for a dissolution of this co-partnership.
In testimony whereof we have hereunto set our hands this ____ day of
________, 19__.
A.B.
C.D.
In the presence of G.H.
39
Articles of Co-Partnership--Another Form
Articles of co-partnership, made this ____ day of ________, 19__, by
and between A.B. and C.D. both of the city of ________, witnesseth
that:
The said parties hereby agree to form, and do form a co-partnership,
for the purpose of carrying on the general produce and commission
business on the following terms and articles of agreement, to the
faithful performance of which they mutually engage and bind
themselves, each to the other.
The style and name of the co-partnership shall be B. and D., and shall
commence on the ____ day of ________, 19__, and continue for the
period of five years.
Each of the said parties agrees to contribute to the funds of the
partnership the sum of $3,000 in cash, which shall be paid in, on or
before the ____ day of ________, 19__, and each of said parties shall
devote and give all his time and attention to the business, and to the
care and superintendence of the same.
All profits which may accrue to the said partnership shall be divided
equally, and all losses happening to the said firm, whether from bad
debts, depreciation of goods, or any other cause or accident, and all
expenses of the business shall be borne by the said parties equally.
All the purchases, sales transactions, and accounts of the said firm
shall be kept in regular books, which shall be always open to the
inspection of both parties and their regular representatives
respectively.
An account of stock shall be taken, and an account between the parties
shall be settled as often as once a year, and as much oftener as
either partner may desire, and in writing request.
Neither of the said parties shall subscribe any bond, sign or indorse
any note of hand, accept, sign, or indorse any draft or bill of
exchange, or assume any other liability, verbal or written, either in
his own name or in the name of the firm, for the accommodation of any
other person or persons whatsoever, without the consent in writing of
the other party; nor shall either party lend any of the funds of the
co-partnership without such consent of the other partner.
No large purchase shall be made, nor any transaction out of the usual
course of the business shall be undertaken by either of the partners,
without previous consultation with, and the approbation of, the other
partner.
Neither shall withdraw from the joint stock, at any time, more than
his share of the profits of the business then earned nor shall either
party be entitled to interest on his share of the capital; but if, at
the expiration of the year, a balance of profits be found due to
either partner, he shall be at liberty to withdraw the said balance,
or to leave it in the business, provided the other partner consent
thereto, and in that case be allowed interest on the said balance.
At the expiration of the aforesaid term, or earlier dissolution of
this co-partnership, if the said parties, or their legal
representatives, cannot agree in the division of the stock then on
hand, the whole co-partnership effects, except the debts due to the
firm, shall be sold at public auction, at which both parties shall be
at liberty to bid and purchase like other individuals, and the
proceeds shall be divided, after payment of the debts of the firm, in
the proportions aforesaid.
For the purpose of securing the performance of the foregoing
agreements, it is agreed, that either party, in case of any violation
of them, or either of them, by the other, shall have the right to
dissolve this co-partnership forthwith, on his becoming informed of
such violation.
In witness whereof, we, the said A.B. and C.D., have hereto set our
hands, the day and year first above written.
Executed and delivered in the presence of
(Acknowledgment.)
A.B.
C.D.
40
Letter of Credit
A.B. & Co ________:
_Gentlemen._--We will be responsible to you for goods sold to C.D., of
________, to an amount not exceeding ________ dollars (or, for cash
advanced to C.D., of ________ not exceeding ________ dollars), (or,
for credit secured by you to C.D., of ________, in the purchase of
(describe the kind of goods), not exceeding the sum of ________
dollars) at any time before ________, 19__, unless this letter is
revoked prior to said date; and providing you send notice to us by
mail within ten days of the granting of such credit or making such
payment, and also in case said C.D. should default in making payment
of any part of any debt created by reason of this agreement when such
payment shall become regularly due, then notice of such default shall
be sent by mail to us within five days of such default.
Dated, ________ 19__. (Signature)
41
Agreement for Sale of Physician's Practice
Agreement made this ____ day of ________, 19__, between ________,
hereinafter called the vendor, and ________, hereinafter called the
purchaser.
1. Whereas the said vendor has for many years past exercised his
profession of physician and surgeon at ________, in the county of
________, and is now desirous of retiring from his practice at
________ aforesaid, and the said purchaser is desirous of establishing
himself as a physician and surgeon at said ________, now therefore,
the said vendor agrees to sell to the said purchaser, who agrees to
purchase, the said practice and the good will and benefits thereof
from the ____ day of ________ next, together with all the fixtures,
furniture, medical books, surgical and other instruments and
apparatus, and all the drugs, medicines, bottles, and other things now
used therein, for the sum of ________ dollars; in confirmation of
which purchase the purchaser, upon the execution of these presents,
has paid the sum of ________ dollars by way of deposit and in part of
the purchase money.
2. The said vendor further agrees that, on the payment of the residue
of the said purchase money as hereinafter mentioned, he will fully and
absolutely deliver over and assign to the said purchaser, his
executors, administrators, or assigns, the said practice or business,
and the good will thereof, for his and their own absolute use and
benefit; and likewise the full and uninterrupted possession of the
office in which the said practice is now carried on by him, together
with the fixtures, furniture, books, instruments, apparatus, and
things now used in and relating to the said practice.