pay the costs of this reference, amounting to the sum of

dollars.

In witness whereof we have hereunto set our hands and seals this day of, in the year of our Lord

one thousand eight hundred and county of

at

in the

D. E. F.

[L. S.]

G. H. I.

[L. S.

K. L.

[L. S.]

BILLS.

Bill of Lading.

SHIPPED IN GOOD ORDER AND CONDITION, by

board the

called the

on

whereof is Master, for this present voyage, now lying in the port of and bound for - To say [insert description of merchandise] being marked and numbered as in the margin, and are to be delivered in the like good order and condition, at the aforesaid port of —, (the dangers of the seas only excepted,) unto or assigns, he or they

paying freight for the said goods mage and average accustomed.

with

pri

In witness whereof, the Master of the said vessel hath affirmed to three Bills of Lading, all of this tenor and date, one of which being accomplished, the others to stand void. Dated at this day of

Bill of Sale of Registered or Enrolled Vessel.* KNOW ALL MEN BY THESE PRESENTS, That I, A. B., offor and in consideration of the sum of dollars to me paid by C. D. of —, (the receipt whereof I do hereby acknowledge,) do grant, bargain, and sell unto the said C. D. all the hull or body of the good ship together with all and singular her, now lying at and at the port of —, the certificate of whose registry or enrolment is as follows, viz: [Here recite the whole certificate of registry (or enrolment) in the words of it.]

To have and to hold the said ship with all her appurtenances, unto the said C. D., his heirs, executors,

*A Bill of Sale of a ship at sea, or in foreign port, is good against all persons without delivery, but the vendee should take possession as soon as practicable.

administrators or assigns, to his and their

proper use, benefit, and behoof forever. And I, the said A. B. do avouch to be the true and lawful owner of the said ship

and her appurtenances, and have full power, good right, and lawful authority, to dispose of the said ship and her appurtenances in manner as aforesaid.

And I do hereby covenant to warrant and defend the said ship, and appurtenances, unto the said C. D. against the lawful claims and demands of all persons whatsoever. In witness whereof, I have hereunto set my hand and seal this in the year one thousand eight hundred and forty

day of

e aled and delivered in presence of

Bill of Sale of Goods.*

A. B. (L. s.)

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of the town of

-, county of

and state of

* A Bill of Sale is a contract, by which one person transfers to another the right and interest which he has in goods or chattels.

There should be a delivery of goods sold under a Bill of Sale, where the articles are of a nature to be delivered.

See, also, note to Agreements, pages 9 and 10.

If a man sells goods which he acquired possession of feloniously, or wrongfully, as by robbery, stealth, piracy, or the like, his sales do not bind; for the rightful owner may seize them in any one's hands.

Action upon the case for a deceit lies where a man, by a false affirmation of

a thing within his knowledge, deceives in the sale of goods.

If where a merchant sells cloth that he knows to be badly fulled.

If a person sells a jewel for instance, under a denomination to which he knows it does not belong.

If a man sells goods as his own when they are the goods of another; or if he says they are B.'s goods when they are the goods of C.

If he sells a horse affirming him to have been his from a colt, where he was

not.

And in these cases action lies before the goods are taken by the original owner, and even before the buyer has paid any money for them.

So action on the case lies for a false warranty as that sheep are sound, and will continue sound for a year, even if the illness were unknown to the seller. If a man warrants a piece of cloth to be a certain width when it is not. If one warrants goods to be merchantable when they are in bad condition. If a man by false affirmance procures a thing to be done; as if he says he is of full age, when he is not, and thereby procures money on a mortgage. If a dry goods dealer sells bad cloths upon which he had put the mark of one who made good cloths.

But a warranty of goods, in order to be binding, must be made in consequence of the bargain, and at the time of the bargain.

It will bind if made before payment of the price; for that is the completion of the bargain.

The owners of property sold by an agent are not liable for any erroneous representation made at the sale by the agent.

A voluntary sale of goods, with an agreement that the vendor is to keep the possession, is fraudulent and void except in special cases shown to the court and approved by them.

Should a bill of sale, lease, assignment, mortgage, or other conveyance be made without a valuable consideration therefor, whether in possession or not, such conveyance is fraudulent. If possession is to take place after certain

trader, for and in consideration of the sum of - dollars, to me in hand paid by C. D. of (the receipt whereof is hereby acknowledged,) have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver unto the said C. D., [here insert the particulars of the goods sold,] to have and to hold the said goods unto the said C. D., his executors, administrators and assigns, to his and their own proper use and benefit forever.

And I, the said A. B., for myself, my heirs, executors, and administrators, will warrant and defend the said bargained goods unto the said C. D., his executors, administrators, and assigns, from and against all persons whomsoever.

of

In witness whereof, I have hereunto set my hand, &c. A. B. (L. s.)

Executed in presence of

* BONDS.

Common Bond.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., in the county of —, and state of

chant, am held and firmly bound unto C. D., of county of

,

state of

mer

physician, in the sum of dollars, [this sum should be double in amount of the matter named in the condition, to cover costs and contingencies,t] to be paid to the said C. D., his executors, conditions are performed, at some future time, possession will remain in the vendor.

A bill of sale is void against creditors, if made to a son or any other relation, in consideration of blood or natural affection, but must be so stated in the contract. Should a bona-fide sale be made of furniture, tools or other chattels, and the vendor still continue in possession of the same, he must do so under a lease granted by the purchaser, and paying rent therefor.

*Bond is a deed binding the obligor, his heirs, executors and administrators to perform some act. A condition is generally added which makes the obligation void if the act be performed, otherwise it remains in full force.-A penalty for non. fulfilment of the condition is generally annexed, in double the principal sum. If a bond be sealed and delivered, though it bear no date, it is valid.—If a bond be interlined, or words are erased, in important parts, it will render it void.-Bonds and all penal obligations, in whatever form, to do an act forbidden by law, or to forego any privileges secured to a man by law, are void. The same is true of agreements, or obligations to divide the profits or gains, to be derived from illegal speculations or business. Thus a bond or note to pay illegal interest, a sum of money won at gaming, or to commit a trespass on the property, or an assault on the person of another, is void; as is likewise an obligation not to plead usury, infancy or any other legal defence to a suit, or not to prosecute a man for a crime, or for cheating, or taking an illegal advantage of another.

In a suit on a bond, judgment may be rendered for the amount of the penalty expressed, but execution will be issued only for the amount due in equity and good conscience, the amount to be determined by the court, or on motion of either party, by a jury.

administrators and assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, firmly by these presents.

day of

In witness whereof, I have hereunto set my hand and seal, the A. D. one thousand eight hundred and forty

The condition of this obligation is such, That, if the above bound A. B., his heirs, executors and administrators, or any of them shall and do, well and truly, pay or cause to be paid unto the above named C. D., his executors, administrators and assigns, the just and full sum of dollars lawful money aforesaid, with legal interest for the same, on or before the day of —, in the year of our Lord one thousand eight hundred and forty without fraud or further delay, then this obligation is to be void and of no effect, or else to remain and be in full force and virtue.

Sealed and delivered in presence of

A. B. (L. s.)

L. M.
S. B.

A Bottomry Bond.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., Master, and one-fourth owner of the ship for my self and C. D., who owns the other three-fourths of said ship, am held and firmly bound unto E. F. in the penal sum of dollars, lawful money, for the payment of which, well and truly to be made unto the said E. F., his heirs, executors administrators, or assigns, I hereby bind myself, my heirs, executors and administrators, firmly by these presents. In witness whereof, I have hereunto set my hand and seal, this day of in the year 184—. Whereas, the above bound A. B. hath taken up and received of the said E. F. the full and just sum of dollars, which sum is to run at respondentia on the block and freight of the ship —, whereof the said A. B. is now master, from the port of on a voyage to the port of, having permission to touch, stay at, and proceed to call at ports and places within the limits of the voy age, at the rate or premium of- -per cent for the voyage. In consideration whereof, usual risks of the sea, rivers, enemies, fires, pirates, &c., are to be on account of the said

dol

trader, for and in consideration of the sum of lars, to me in hand paid by C. D. of (the receipt whereof is hereby acknowledged,) have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver unto the said C. D., [here insert the particulars of the goods sold,] to have and to hold the said goods unto the said C. D., his executors, administrators and assigns, to his and their own proper use and benefit forever.

And I, the said A. B., for myself, my heirs, executors, and administrators, will warrant and defend the said bargained goods unto the said C. D., his executors, administrators, and assigns, from and against all persons whomsoever.

In witness whereof, I have hereunto set my hand, &c. A. B. (L. s.)

Executed in presence of

* BONDS.

Common Bond.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of in the county of

and state of

chant, am held and firmly bound unto C. D., of county of

state of

mer

physician, in the sum of dollars, [this sum should be double in amount of the matter named in the condition, to cover costs and contingencies,t] to be paid to the said C. D., his executors, conditions are performed, at some future time, possession will remain in the vendor.

A bill of sale is void against creditors, if made to a son or any other relation, in consideration of blood or natural affection, but must be so stated in the contract. Should a bona-fide sale be made of furniture, tools or other chattels, and the vendor still continue in possession of the same, he must do so under a lease granted by the purchaser, and paying rent therefor.

* Bond is a deed binding the obligor, his heirs, executors and administrators to perform some act. A condition is generally added which makes the obligation void if the act be performed, otherwise it remains in full force.-A penalty for nonfulfilment of the condition is generally annexed, in double the principal sum. If a bond be sealed and delivered, though it bear no date, it is valid.-If a bond be interlined, or words are erased, in important parts, it will render it void.-Bonds and all penal obligations, in whatever form, to do an act forbidden by law, or to forego any privileges secured to a man by law, are void. The same is true of agreements, or obligations to divide the profits or gains, to be derived from illegal speculations or business. Thus a bond or note to pay illegal interest, a sum of money won at gaming, or to commit a trespass on the property, or an assault on the person of another, is void; as is likewise an obligation not to plead usury, infancy or any other legal defence to a suit, or not to prosecute a man for a crime, or for cheating, or taking an illegal advantage of another.

In a suit on a bond, judgment may be rendered for the amount of the penalty expressed, but execution will be issued only for the amount due in equity and good conscience, the amount to be determined by the court, or on motion of either party, by a jury.