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joined together in wedlock, according to the laws of this commonwealth, [or, state,] and if they, or any one present, can show any just cause why they may not thus be joined together, let them now do it, or else forever after hold their peace. [Let the parties join right hands.] No cause being shown to the contrary, I ask you, A. B., if you will have this woman whom you now hold by the right hand, for your lawful and wedded wife, if you will love, comfort, honor, support, cherish, and keep her in sickness and in health, and forsaking all others, will keep yourself to her only, so long as you shall both live? Answer. 1 will.
Will you, C. D., have this man whom you now hold by the right hand, for your lawful and wedded husband, will you love, comfort, honor, and obey him, and keep yourself to him only, so long as you shall both live? Answer. I will.
Then do I in the presence of God and these witnesses, and by virtue of the authority vested in me by the laws of this commonwealth, [or, state,] pronounce you husband and wife, so to continue till you shall be separated [or, till God shall separate you] by death.
Certificate of Marriage.
in the year
THIS IS TO CERTIFY, That on the day of of our Lord one thousand eight hundred and forty K. L. Esquire, one of the Justices of the Peace, in and for the county of M. N. of in the state of Physician, and O. P. of the same place, spinster, were legally joined in marriage, each of them being of full age, and declaring themselves free, respectively, from prior engagements or other lawful impediments.
In witness whereof, as well they the said M. N. and O. P., (she assuming the name of her hushand,) as I, the said Justice, and other the said witnesses present, have hereunto subscribed our names the day and year aforesaid.
K. L. Just. of Peace.
In New York marriage is a civil contract, to which the consent of the parties, capable in law of contracting, is essential. It may be solemnized by a minister of the gospel, priest, or magistrate, who is required to ascertain the christian and surnames of the parties, places of residence, ages, and capabilities in law of contracting marriage; and the names and residences of two attesting witnesses; and he shall enter the facts, and the day of such marriage in a book kept by him for that purpose.-N. Y. R. S.
Mortgage of Personal Property.
KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of —, gentleman, in consideration of the sum of dollars, to me paid by C. D., of ——, Esquire, (the receipt whereof is hereby acknowledged,) have granted, bargained, and sold, and by these presents do grant, bargain and sell, unto C. D., the following articles of personal property, to wit: [or, if the goods are too numerous to be recited, say, all and singular the goods and chattels, wares, effects, and merchandize, mentioned and contained in the schedule hereto annexed :] to have and to hold all and singular the said, &c., unto the said C. D., his executors, administrators, and assigns, to his and their sole use forever.
And I, the said A. B., for myself, my executors and administrators, do covenant with the said C. D., his executors, administrators and assigns, that I am lawfully possessed of the said, &c., as of my own property; that the same are free from all incumbrances, and that I will and my executors, &c., shall, warrant and defend the same to the said C. D., his executors, &c., against the lawful claims and demands of all persons.
*In Massachusetts, in all mortgages of personal property, if the mortgagor retains possession of the articles mortgaged, the mortgage must be recorded by the Clerk of the town where the mortgagor resides, and also by the Clerk of the town where he principally transacts his business, or follows his trade or calling. The right of the Mortgagor, or his assigns, to the property, shall not be forfeited until sixty days after the mortgagee, or his assigns, shall have given written notice to the mortgagor, or the person in possession of said property, claiming the same, of his or their intention to foreclose said mortgage for a breach of the conditions thereof, and caused a copy of the same notice to be recorded in the Clerks' offices where the mortgages are recorded. Mortgages of Personal Property may be dis charged by an entry on the margin of the Record in the Clerks' offices, signed by the mortgagee, his executors, administrators, or assigns, acknowledging the satisfaction of the mortgage. Real Estate in like manner in the Registry of Deeds.
In the State of Maine, New Hampshire, and Rhode Island, possession of the mortgaged property should be delivered to, and retained by, the mortgagce, and the mortgage recorded by the Clerk of the town where the mortgagor resides.
In the State of New York, all mortgages upon personal property, unless accompanied by an immediate delivery, and followed by an actual and continued change of possession, in order to be valid, must be filed in the several towns and cities where the mortgagor, if a resident of the state, shall reside, an if not a resident, then in the city or town where the property so mortgaged shall be, at the time of the execution of such instrument. These mortgages must be filed - in the city of New York, in the office of the Register; in other cities and towns where a county clerk's office is kept, in the County Clerk's office; and in all other towns, in the Town Clerk's office.
Such mortgages will cease to be valid after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the year, a true copy of such mortgage, together with a statement of the interest of the mortgagee in the property, shall be again filed in the office of the clerk or register aforesaid, of the town or city where the mortgagor shall then reside.
Provided nevertheless, That, if the said A. B., his executors or administrators, shall well and truly pay unto the said C. D., his executors, administrators and assigns, [here recite the note or other debt or obligation, which the mortgage is given to secure,] then this conveyance shall be void; otherwise to remain in full force and effect.
And provided also, That, until default by the said A. B., his executors or administrators, in the performance of the condition aforesaid, it shall and may be lawful for him or them to keep possession of the said granted property, and to use and enjoy the same; but if the same, or any part thereof, shall be attached, at any time before payment, &c., by any other creditor or creditors of the said A. B., or if the said A. B., his executors or administrators, shall attempt to sell the same, or any part thereof, without notice to the said C. D., his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed, then it shall be lawful for the said C. D., his executors, &c. to take immediate possession of the whole of said granted property to his and their own use.*
In testimony whereof, I, the said A. B., have hereunto set my hand and seal, this day of in the year of our Lord, one thousand eight hundred and forty[L. S.]
Signed, sealed and delivered in presence of
Mortgage of Personal Property to secure Endorser.
day of —, by
THIS INDENTURE of two parts made this one thousand eight hundred and forty and between J. W. & L. C. B. of, copartners in the business of printing, under the name & Co., of one part, and C. G. of other part, Witnesseth,
and firm of J. W.
painter, of the
* In New York, in case of the non payment of the note, or debt at the time specified, the mortgagee will enter and take possession of the property, and sell the same at public auction, (after the like notice as is by law required for constables' sales,) the goods and chattels, or so much of them as may be required to satisfy his debt, interest, and reasonable expenses, and will retain the same out of the proceeds of the sale, and return the overplus, or residue, if any, to the mortgagor.
That the said G., at the request of the said parties of the first part, hath agreed to endorse certain notes of hand for their accommodation, and the said parties of the first part have agreed to give the said G. security against any loss or damage that may befall him by reason of such endorsements.
Wherefore, in pursuance of such engagements, the said J. W. & L. C. B. in consideration of the premises, do hereby bargain and sell, assign, transfer and set over unto the said C. G., all the goods, chattels, tools, machinery and effects, in the annexed schedule or bill of particulars mentioned, whereof the said parties of the first part do avouch themselves to be the true and lawful
To hold the said premises unto the said G. and his executors, administrators and assigns.
Provided nevertheless, that if the parties of the first part, shall from time to time pay and discharge all the promissory notes which the said G. may endorse for their accommodation, as they shall respectively become due and payable, and shall finally secure and indemnify the said G. and his legal representatives, from all costs and damage, by reason or on account of the liabilities that have been or may be assumed by him in pursuance of the agreement aforesaid, then this instrument shall be null and void Provided, also, and it is hereby further agreed, that until default by the said parties of the first part, of or in the payment of any of the said notes, it shall be lawful for the parties of the first part to retain the possession of the said chattels and effects, and to use and enjoy the same without any denial or molestation by the said G. his representatives.
And the said G., for himself and his representatives, doth hereby covenant to and with the said J. W. & L. C. B. and their representatives, that in case of his taking possession of the said property, for a breach of the condition aforesaid, he will advertise and sell the same at public vendue to the highest bidder, and after indemnifying himself fully from the proceeds of such sale for all the liabilities assumed by him as aforesaid, whether the notes are then payable or not, will account for and pay over the
Executed in presence of
balance of the said proceeds to the parties of the first part or their representatives or assigns upon demand.
In witness whereof the said parties have set their hands and seals to this and to another instrument of like tenot and date. (L. s.) (L. S) (L. s.)
L. C. B.
[Must be recorded. See Note, page 56.]
Mortgage of Real Estate.*
KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of -, in the county of -, and state of yeoman, for and in consideration of dollars, paid by C. D., of in the county of merchant, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said C. D., his heirs and assigns forever, a certain parcel of land situate in, in said county of - —, together with all the privileges and appurtenances to the same belonging, and bounded as follows. [Here insert the boundaries.]
To have and to hold the above granted premises to the said C. D., his heirs and assigns, to his and their use and behoof forever. And I do, for myself, my heirs, executors and administrators, covenant and engage to and with the said C. D., his heirs and assigns, that I am lawfully seized in fee simple of the afore-granted premises; that they are free from all incumbrances; that I have good right to sell and convey the same to the said C. D., his heirs and assigns; and that I will, and my heirs, executors and administrators shall warrant and defend the same to the said C. D., his heirs and assigns forever, against the lawful claims and demands of all persons.
Provided nevertheless, That if the said A. B., his heirs, executors, administrators or assigns, shall pay unto the said C. D., his executors, administrators or assigns, the sum of- dollars, in years from the date hereof, then this deed, as also a certain promissory note bearing even
Every deed conveying real estate, which by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage.-N. Y. R. S.
A mortgage of real estate may be discharged by a certificate signed by the mortgagee,