« ПретходнаНастави »
and chattels of every description whatever, together with the rents, issues and profits of his farm, the same on which he the said A B now lives; all of which are now this day put into the absolute possession of him the said C D;—to have and to hold all and singular the said horses, cattle, stock, goods, chattels and premises, hereby granted to him the said C D, his executors, administrators and assigns forever, to his and their only proper use and behoof; except as to the rents and profits of the farm aforesaid, which he the said C D is to have and to hold for and during the natural life of the said A B, and no longer. And the said C D, in consideration of the premises, hath covenanted and agreed, and by these presents doth covenant and agree in manner and form following, that is to say, that he the said 0 D, his heirs, executors and administrators, shall and will, at his and their own proper costs and charges, maintain and keep the said A B for and during his life, with good and sufficient ineat, drink, apparel, washing and lodging, at his the said CD's own dwelling house, if the said A B shall think fit to live with him, and if the said A B shall be minded to live with any other person, that then and in such case, he the said C D, his executors and administrators, shall and will well and truly pay the said A В yearly for and on account of his maintenance at such other place, the sum of sixty dollars, and after that rate for any greater or lesser time than a year that the said A B shall be minded as aforesaid to dwell with any other person than the said C D; and also that the said C D, his executors and administrators, shall and will well and truly allow and pay to the said A В yearly, the sum of forty dollars for spending money, the same to be divided into four quarterly payments, and paid to the said A B, for and during the term of his natural life, computing the time of payment to be in advance, reckoning from this date henceforward.
In witness whereof the said A B and C D have hereunto set their hands and seals, on the date first above written.
CD. SEAL. .
BILL OF SALE OF A NEGRO SLAVE, WITH WARRANTY OF
SOUNDNESS, &c., &c.
State of North Carolina, 1 May 9th, A. D., 1852.
County of Wake.
Know all men by these presents, that I, A B, of the above named State and County, for and in consideration of the sum of five hundred dollars, to me in hand paid by C D of the said County and State, (and the receipt of which sum of money is hereby acknowledged) have this day bargained, sold, aliened and confirmed, and by these presents do bargain, sell, alien and confirm to the said C D, his beirs and assigns, one slave, a negro man named Sam.pson, and aged about twenty-five years : and I hereby warrant the said negro slave Sampson to be sound in mind and body, and free from constitutional diseases or defects.
In witness whereof I have hereunto set my hand and seal, the day and date above written.
A B. [SEAL.]
Note.—Bills of sale of slaves must be proved and recorded.
A Bill of sale of a horse, or of any other property can be easily drawn from the above: also of a slave, without warranty of soundness.
FORM OF A COMMON BOND, OR PROMISSORY NOTE TO PAY MONEY.
One day after date I promise to pay to C. D. or order the sum of fifty dollars, for value received: Witness my hand and seal, this the sixth day of August, A. D. 1852.
A B. [SEAL.]
PENAL BONDS, OR BONDS WITH CONDITIONS.
The form of a bond to make title to land is here given : a penal bond to do any other act can be easily drawn from this :
FORM OF A BOND TO MAKE TITLE TO LAND.
State of North Carolina, May 5th, A. D. 1852.
Know all men by these presents, that I, A B, am held and firmly bound unto C D in the sum of dollars, good and lawful money
of the United States—to the true and faithful payment whereof, to him the said C D his heirs, executors and administrators, jointly and severally, firmly by these presents, signed with my hand and sealed with my seal; this the fifth day of August, 1852.
The condition of this obligation is such, that whereas the above bounden A B hath contracted and agreed to sell and convey to the said C D and his heirs, a certain tract of land in the county and State aforesaid, adjoning the lands of X Y and others, supposed to contain fifty acres, on receiving the sum of
dollars, being the purchase money agreed on between the parties, and secured by two bonds, bearing even date with these presents, the one due on the first day of January, 1853, and the other on the first day of January, 1854, each for the sum of dollars, as on reference being had thereto, will more fully appear: Now, therefore, if the said A B, on receiving the said purchase money, together with the lawful interest that may have accrued on the same, provided it be tendered any time within six months after the last bond falls due, shall well and truly, at his own proper cost and charges, make and execute to the said C D and his heirs, a good and sufficient deed of conveyance, with general warranty, and full covenants, to convey and assure unto him, the said C D and his heirs, a good, sure and indefeasible estate of inheritance in fee simple in and to the aforesaid, tract of land, with the privileges and appurtenances thereunto belonging or in any wise appertaining, free and discharged of any and all incumbrance whatever : then the
FORM OF ARBITRATION BOND.
Know all men by these presents, that we, A B and C D of the county of Wake, in the State of North Carolina, are held and firmly bound unto E F of the county of Nash, in the State of North Carolina, in the sum of dollars, lawful money of the United States, to the true and faithful payment
whereof, we bind ourselves our heirs, executors and administra· tors, jointly and severally, firmly by these presents, signed with
our hands and sealed with our seals, this first day of January, A. D., 1852. The condition of this obligation is such, that whereas a certain matter of controversy has arisen between the above bounden A B and the said E F about and concerning their dealings, and mutual account kept by and between them
selves for some years past; and whereas they have mutually i agreed to refer and submit to the arbitrament and award of
G I, J K L M and N 0, arbitrators indifferently named and chosen by and between them, and the said matters of controversy, and all things and considerations relating thereto, and it is agreed that the said arbitrators shall hear such statements of the parties, and such evidence as they may deem proper and make their award in writing, and deliver it to the parties or have it ready to deliver on the 30th of this month at the dwelling of G H. And it is further agreed that in case the said arbitrators shall fail to make an award as aforesaid, in consequence of an equal division of opinion between them, they (the arbitrators) are to choose an umpire, or fifth man, whose award shall be final, provided it be made in writing and delivered to the parties or ready to deliver, at the time and place aforesaid, or within three days thereafter. Now therefore, if the above bounden A B shall well and truly abide by, observe, keep and perform all and singular the agreements recited in this condition, then the above obligation is to be void, otherwise to remain in full force and effect. Witness
AB, [SEAL. P Q.
C D SEAL.
FORM OF A COMMON BAIL BOND EXECUTED BY THE DEFENDANT
IN A SUIT, TO THE SHERIFF FOR APPEARANCE AT COURT.
Know all men by these presents, that we, A B, C D and E F, all of the county aforesaid, are held and firmly bound unto HS, Sheriff of Wake county, as Sheriff of the county aforesaid, in the just and full sum of dollars, current money of the State aforesaid, to be paid unto the said H S, Sheriff as aforesaid, as such Sheriff, his heirs, executors or assigns. For the true performance whereof, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this tenth day of August, 1852.
The condition of the above obligation is such, that if the above bounden A B, who has been arrested by the said H S, Sheriff as aforesaid upon a writ returnable to the next Court of Pleas and Quarter Sessions, for Wake county, at the suit of X Y do well and truly make his personal appearance at our next County Court, to be held for the county of Wake on the third Monday of November next, then and there to answer, [here state the character of the suit] and then and there to stand to and abide by the judgment of the said Court, and not depart said Court without leave, and said C D and E F, the security of the said A B, well and truly discharge themselves as special bail of the said A B in the said Court, then the above obligation to be void, otherwise to remain in full force and effect.
Signed, sealed and delivered, in the presence of
NO. I, H S, Sheriff of the county of Wake, do hereby assign over the above obligation and condition to X Y, the plaintiff therein