assigns, in discharge of the said recited obligation, as of the further Bum of one dollar, to him in hand paid by the said C. D., at and before the sealing and delivery hereof, (the receipt whereof is hereby acknowledged,) hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and confirm, unto the said C. D., his heirs and assigns, all that messuage, &c., together with all and singular the buildings, improvements, way woods, waters, water-courses, rights, liberties, priv. ileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining; and the reversions and remainders, rents, issues, and profits thereof.

To have and to hold the said messuage, &c., hereditaments and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said C. D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, forever.

Provided always, nevertheless, that if the said A. B., his heire, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, the aforesaid debt or sum of five hundred dollars, on the day and time hereinbefore mentioned and appointed for pay. ment thereof, with lawful interest for the same, according to the condition of the said recited obligation, without any fraud or further delay, and without any deduction, defalcation, or abatement, to be made of anything for or in respect of any taxes, charges, or assessments whatsoever; then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obligation, shall cease, determine, and become absolutely null and void, to all intents and purposes, anything hereinbefore contained to the contrary in any wise notwithstanding.

In witness, &c., [as in Mortgage of Lands by Husband and Wife.]

EITHER of the following covenants may be inserted in any of the foregoing mortgages, if they should be considered necessary to strengthen the hold upon the property, or otherwise:

A COVENANT THAT MORTGAGER HATH RIGHT TO CONVEY.

AND also that he, the said S. R., now hath in himself good right and full power to give, grant, sell, and convey the premises hereinbefore granted, unto and to the use of the said W. J., his heirs and assigns, in manner aforesaid, according to the intent of these presents

A COVENANT TO PAY TAXES, ETC.

AND that he, the said N. P., his heirs, executors, or administra tors, shall and will, from time to time, and at all times hereafter

until the said sum of shall be fully paid and satisfied to the said J. E., as aforesaid, pay and discharge all, and all manner of taxes, rates, and assessments, which shall be laid, taxed, rated, or assessed thereupon, or upon any part thereof, or upon the said J. E., his executors, administrators, or assigns, for or in respect thereof, or any part thereof, by the authority of [the Congress of the United States of America, of the General Court of the Com monwealth of Massachusetts,] and also save harmless and keep indemnified the said J. E., his executors, &c., of and from all acuons, suits, penalties, forfeitures, costs, charges, and damages, which shall or may be brought, commenced, incurred, forfeited, arise or happen, for or by reason of the non-payment of such taxes, rates, or assessments, in any wise however.

A COVENANT THAT UNTIL DEFAULT BE MADE, THE MORTGAGER SHALL HAVE THE RIGHT TO SELL.

AND provided also, that until default by the said A. B., of and in the performance of the condition of defeasance aforesaid, or of some part thereof, it shall and may be lawful for the said A. B., his executors, administrators, or assigns, to retain possession of the said goods, wares, and merchandise, and the said furniture, using and making sales thereof from time to time, in the usual course and manner of trade, and applying the proceeds of such sales to the payment of the several notes aforesaid, or accounting for and paying over such proceeds to the said C. D., his executors or administra tors; but if the said goods, wares, and merchandise, or furniture, or any part thereof, shall be attached by any other creditor or cre ditors of the said A. B., before the said C. D. is discharged from all the liabilities aforesaid, then it shall and may be lawful for the said C. D., his executors, &c., to take immediate possession of the same to his and their own use.

County of

Satisfaction of Mortgage.

SS.

day of

I, C. D., of do hereby certify that a mortgage, bearing date the one thousand eight hundred and made and executed by A. B. and C. B. his wife, to secure the payment of his bond for dollars, with interest, bearing even date with said mortgage, recorded in the office of the clerk of the county of in lib.- of mortgages, page, on the

of 1860, is paid. Dated the day of

County of

On the

SS.

day of

day

C. D.

one thousand eight hundred and axty

before me came C. D., to me known to be the individual de

scribed in, and who executed the above cortificate, and acknow lodged that he executed the same.

L B., Commissionor of Deeds.

Notice of Sale, on Foreclosure of Mortgage by

Advertisement.

MORTGAGE SALE.

Default has been made in the payment of the sum of

dollars

and cents, which is claimed to be due at the date of this no tice, on a certain mortgage bearing date the

day of

18-, executed by A. B. and Mary, his wife, of the town of

in the county of

and State of

day of

to C. D., of the same place, [or, as the fact may be,] and recorded in the office of the Clerk of the county of in book number 75 of mortgages, page 300, &c., on the A. D., 18, at twelvo o'clock, meridian: [If the mortgage is foreclosed by an assignee, insert here: which said mortgage has been duly asssigned to the subscriber:]

Now, therefore, notice is hereby given, that, in pursuance of a power of sale contained in said mortgage, and of the statute in such case made and provided, the premises described in and cov ered by said mortgage, to wit: all, &c., [give description of the premises;] will be sold at public auction, at the court house, [or, at the house of O. P.] in the city [or, town] of, in the county of on the day of next, at ten o'clock in the forenoon. day of 18-. [The date should be that of C. D., Mortgagee, [or, Assignee.]

Dated the

the first publication of the notice.]

Affidavit of Publication of the Notice.

State of New-York,
County,

[Attach here a
printed copy of
the notice of
sale.]

SS.

E. F., of said county, being duly sworn, says, that he is, and, during the whole time hereinafter mentioned, has been, the publisher and proprietor, [or, foreman,* in the publish ing office,] of the Gazette, a newspaper printed and published in the county of aforesaid; and that the annexed printed notice of sale was inserted and published in the said newspaper twelve weeks, successively, at least once in each week; the said publication commencing on the

The affidavit of publication may also be made by the principal clerk of the publisher.

18.

day of -, 18-, and terminating on the

Sworn to before me, this

day of

G. H., Justice of the Peace.

day of
E. F.

Affidavit of Affixing Notice of Sale on the Outward Door of the Court House.*

State of New-York,

County,

[Attach here a printed copy of the notice of

sale.]

88.

C. D., of said county, being duly sworn, says, that on the day of, 18—, be affixed a notice of which the annexed printed notice is a just and true copy, on the outward door of the building where the county courts are directed to be held in the county of aforesaid.

Sworn, &c., [as in Affidavit of Publication of Notice.]

Affidavit of Serving copy of Notice of Sale, on Person having a Lien or Incumbrance.

State of New-York,

County,

[Attach here a printed copy of the notice of sale.]

SS.

M. B., of said county, being duly sworn, says, that on the day of - 18-, he did personally serve A. B., E. F., and G. H., &c., with a notice of sale of which the annexed printed notice is a copy, by delivering a just and true copy of said notice to each of them individually; [or, he did serve A. B., with a notice of sale, of which the annexed printed notice is a true copy, by delivering a just and true copy of said notice to the wife, (or, daughter, aged eighteen years, or thereabouts,) of the said A. B., at his dwelling house, he being at the time absent therefrom; or, he did serve A. B., &c., &c., with a notice of sale, of which the annexed printed notice is a copy, by depositing a just and true copy of said notice in the post office in - properly folded and directed to each one of them, at his place of residence.]

Sworn, &c., [as in Affidavit of Publication of Notice.]

M. B.

where the printer or the person serving the notice of sale, affixes the notice, the wbstance of this affidavit may be incorporated in the affidavit of publication x of service,

Affidavit of the Auctioneer.*

State of New-York,
County, J

[Attach here a
printed copy of
the notice of
sale.]

SS.

G. H., of said county, being duly sworn. says, that he sold the premises described in the annexed printed notice at public auction, at the time and the place of sale therein mentioned, to wit: on the day of - 18at ten o'clock in the forenoon, at the court house, [or, house of O. P.] in the city [or, town] of county of aforesaid; and that C. D. then and there purchased the same, for the price of dollars; he being the highest bidder, and that being the highest sum bidden for the same.

in the

And this deponent further saith, that said sale was made in the day time, and, in all respects honestly, fairly, and legally conducted, according to his best knowledge and belief; and, also, that the said C. D. purchased the said premises fairly, and in good faith, a8 he verily believes.

Sworn, &c., [as in Affidavit of Publication of Notice.]

G. H.

Notice to accompany Copy of Notice of Sale served on Parties having any Lien or Incumbrance on the Mortgaged Premises.

Sir: Take notice, that the above is a copy of a notice that the mortgage therein mentioned will be foreclosed by a sale of the mortgaged premises, pursuant to the statute in such case made and provided, at the time and place therein specified.

Dated

the day of

18

C. D., Mortgager,
[or, Assignee.]

Sheriff's Deed on Foreclosure.

THIS Indenture, made, &c., between A. P., Esquire, Sheriff of the county of, in the State of New-York, of the first part, and C. D., of, &c., of the second part: Whereas, in and by a certain de cree, made at a County Court held at the town of, in and for said county, before J. P. H., Esquire, County Judge, on the day of one thousand eight hundred and in a certain cause there pending in the said court, between E. B., complainant, and A. B., C. B., and D. B., defendants, it was, among other things, ordered, adjudged and decreed, that all and singular the mortgaged premises mentioned in the complaint in said cause, and in said do. cree described, or so much thereof as might be sufficient to raise the amount due to the complainant, for principal, interest, and

• The party foreclosing the mortgage may act as auctioneer, if he chooses to do so.