70 SECURITY FOR RENT.-WAY, RIGHT OF, GRANTED. SECURITY FOR RENT. IN CONSIDERATION of the letting of the premises within described, and for the sum of one dollar to me in hand paid, I do hereby become surety for the punctual payment of the rent, and performance of the covenants, in the within written agreement, to be paid and performed by A. B. as therein specified, and if any default shall be made therein, I do hereby promise and bind myself, to pay unto the said G. H. such sum or sums of money as will be sufficient to make up such deficiency, and fully satisfy the conditions of the within agreement. Witness my hand and seal, &c. Executed in presence of C. D. (L. s.) WAY, GRANT OF AN ALLEY, OR PASSAGE.* THIS INDENTURE made this day of, in the year of our Lord one thousand eight hundred and forty between A. B. of —, of the one part, and C. D. of the other part, Witnesseth, of dollars paid That, in consideration of the sum of to the said A. B. by the said C. D., the receipt of which is hereby acknowledged, the said A. B. for himself, his heirs and assigns, hath granted, bargained and sold, and doth by these presents, grant, bargain, and sell unto the said C. D. and to his heirs and assigns, the free and uninterrupted use, liberty and privilege of and passage in and along a certain alley or passage of in breadth, and feet in depth, extending out of and from street, in the town aforesaid, along the south side of the present messuage and lot of the said C. D. together with free ingress, egress, to and for the said C. D. his heirs and assigns, his and their tenants and undertenants, occupiers and possessors of the said C. D.'s messuage and ground, contiguous to the said alley or passage, at all times and seasons forever hereafter, into, along, upon, and out of the alley or passage, in common with the said A. B. his heirs and assigns, tenants and oc *Easements. No person shall acquire any right to a privilege of way, air, or light, nor any other casement, from, in, upon, or over, the land of another, by the adverse use or enjoyment thereof, unless such use shall have been continued uninterrupted, for twenty years.-Mass. R. S. p. 412. The acquiring of such a right may be prevented by serving a notice on the opposite party, and recording the same; and a copy of the notice shall be affixed to the house or some other conspicuous part of the premises.-Mass. R. S. 412. cupiers of the said A. B.'s messuage or ground adjoining to the same alley. To have and to hold all and singular the privileges and advantages aforesaid, to him the said C. D. his heirs and assigns, to the only proper use and behoof of him the said C. D. his heirs and assigns forever, in common with the said A. B. his heirs and assigns as aforesaid, subject nevertheless to the moiety or equal half part of all necessary charges and expenses which shall from time to time, and at all times hereafter, accrue or happen, in paving, amending, repairing, and cleansing the said alley or passage. In witness whereof, we have hereunto set our hands and seals this in the year day of Sealed and delivered in presence of A. B. [L. S. WILL.* KNOW ALL Men by these preSENTS, That I, A. B., of in the county of, and state of, merchant, being of sound disposing mind and memory, do make and publish this my last Will and Testament. First. I give and bequeath to my son C. B., one hundred dollars, to my sons I. B. and R. B. five hundred dollars each, if they shall have attained to the age of twentyone years before my decease, but if they shall be under that age at my decease, then I give to them eight hundred dollars each, the last mentioned sum to be in the place of the sum first mentioned. Second. I give and bequeath to my daughters, S. B. and M. B., three thousand dollars each, if they shall be unmarried and in single life, at my decease; but if either of them, S. B. or M. B. shall have married before my * In Massachusetts, New Hampshire, Maine, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, South Carolina, Georgia, Mississippi and Alabama, the attestation is good if signed by three witnesses. In Delaware, Virginia, Ohio, Illinois, Indiana, Missouri, Tennessee, North Carolina and Kentucky, two only are required. In New York, only two witnesses are necessary, who must write opposite their names their places of residence. A Codicil is an additional or supplemental Will, and requires a like attestation with the original Will. If a testator in his Will makes provision for his wife, declaring the same to be instead of dower, the wife may have her election to accept the provisions of the Will, or claim her dower at law, but cannot have both. If the provisions in the Will are not declared to be instead of dower, she will hold both. decease, then to such married daughter I give and bequeath one thousand dollars, in lieu of the three thousand dollars first mentioned. Third. I give and bequeath to my beloved wife, N. B., all my household furniture, wearing apparel, and all the rest and residue of my personal property, after paying from the same the several legacies already named, but if there should not be at my decease sufficient personal property to pay the above named legacies, then so much of my real estate shall be sold as will raise sufficient money to pay the same. Fourth. I give and devise to my beloved wife, N. B., all the rest and residue of my real estate, as long as she shall remain unmarried, and my widow; but on her decease or marriage, the remainder thereof I give and devise to my said children, and their heirs, respectively to be divided in equal shares between them. Fifth. I ordain and appoint my brother, R. B., as executor of this my last Will and Testament. In testimony whereof, I have hereunto set my hand and seal, and publish and declare this to be my last Will and Testament in the presence of the witnesses named below, this -, in the year day of A. B. Signed, sealed, published and declared by the said A. B., as and for his last Will and Testament in presence of us, who in his presence, and in the presence of each other, and at his request have hereunto subscribed our names as witnesses L. M. O. P. G. H. NOTES, DUE BILLS, RECEIPTS, BILLS OF EXCHANGE, DRAFTS, AND ORDERS. NEGOTIABLE NOTE. B———————, MARCH, 18-. For value received I promise to pay A. B., or order, months [or days]. dollars in months [or days] after date, we jointly and severally promise dollars, value received. to pay G. H., or order, A. B. C. D. E. F For value received I promise to pay A. B., or order, the sum of dollars, in -months [or days] from date, with interest, at the rate per centum per annum. of E. F. In presence of B Receipt for Money received of a third Person. AUG., 18. Received of A. B., by the hands of C. D., dollars, in full of all demands. Receipt for Interest due on a Bond. SEPT., 18—. Received of W. R., the sum of E. F. - dol lars, in full for one year's interest of dollars due to me the day of last, on bond by the said W. R., which sum is endorsed [or, is to be] on said bond. E. W. NOTES, to be negotiable, must be made payable to the payee, or order, or to bearer. If made payable to several persons, not co-partners, they must be endorsed by each person. A note may be endorsed so as to preclude all recourse to the endorser, as follows: B. B. without recourse. Any person may be authorized to make a demand for payment. If the acceptor or maker be absent, the demand may be presented to his agent, or left at his place of business, or house. If he has absconded, no demand is necessary. All notes are allowed three days grace, and if not paid before the expiration of that time, the endorsers, if they reside in the vicinity, must be immediately notified of the fact, but if they reside at a distance, the notification may be sent by the quickest mode of conveyance, or the earliest post, or the endorsers will not be held liable. If a letter be sent to the endorser by post, and it miscarry, and the endorser not receive it, still the notice is sufficient. The notice should be given to all the parties. The holder may make liable all the endorsers on the bill or note, besides the maker and drawer. But payment by one releases the whole. Notes payable to order, or bearer, when negotiated, give to the assignee a right against all antecedent parties whose names are on them. A note may be transfered either before or after it is due. When taken before due, the assignee is not affected by any circumstances existing between the antecedent parties to the note. When received after due, the assignee takes the note subject to all the equitable rights existing between the antecedent parties. **Endorsers to Promissory Notes on demand.-In Massachusetts, a demand made at the expiration of sixty days from date, without grace, or at any time within that term, shall be deemed to be within a reasonable time. Endorsers are liable, upon reasonable notice, given according to the rules of law, and customs of merchants Thirty days after sight, of this my First Bill of Exchange, (second and third of the same tenor and date not paid,) pay to C. D. & Co., without further advice from me, dollars, value received, and charge Your Ob't Servant. the same to account of To Messrs. E. F. & Sons, C } A. B. D, MAY —, 18—. Thirty days after sight, of this my Second Bill of Exchange, (first and third of the same tenor and date not paid,) pay to, &c. Thirty days after sight, of this my Third Bill of Exchange, (first and second of the same tenor and date not paid,) pay to, &c. INLAND DRAFTS FOR MONEY, WITH ACCEPTANCE. Nov.- 18-. months [or days] after date, pay to the order of A. B. dollars, value received, and place the same to account of To E. F. Merchant, N. Y. [Accepted, E. F.] ORDERS. C. D. Mr. A. B. will please pay to X. Y. or bearer, chandize, and charge the same to the account of M OCT. —, 18— dollars in mer N. O. |