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date with these presents, given by the said A. B., to the said C. D., whereby he promises to pay the said sum at the time aforesaid, with interest semi-annually at the rate of six per cent, shall both be void to all intents and purposes, otherwise shall remain in full force and virtue.

In witness whereof, we, the said A. B., and E. B., wife of said A. B., who hereby relinquishes all her right of dower in the above-named premises, have hereunto set our hands and seals, this day of in the year of our Lord one thousand eight hundred and forty

.

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Signed, sealed and delivered in presence of

[Must be acknowledged and recorded. See Forms, pp. 5-8.]

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A. B.
E. B.

Mortgage, another, of Real Estate.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of — in the county of —, and state of yeoman, in consideration of one dollar, paid by C. D.,

of

-, in the county of, physician, 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 tract or parcel of land situate in said and county aforesaid, 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.

[L. S.] [L. S.]

And I, the said A. B., for myself, my heirs, executors and administrators, do covenant 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 forever, as aforesaid; 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 cents in - months from the date of these presents, with interest on said sum, at the rate

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of

per centum, per annum, payable

annually,

as "

and, until such payment, keep the buildings standing on the land aforesaid insured against fire, in a sum not less than dollars, for the benefit of the said mortgagee and his executors, administrators and assigns, at such insurance office in shall ap prove, and also pay all taxes levied or assessed on said premises, then this deed, as also certain promissory note-, bearing even date with these presents, signed by the said A. B., whereby for value received he promises to pay the said C. D., or order, the said sum and interest at the times aforesaid, shall be absolutely void to all intents and purposes.

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And provided also, That until default of the payment of the said sum-, or interest—, or other default as herein provided, the mortgagee shall have no right to enter and take possession of the premises.

In witness whereof, I, the said A. B., and C. B., wife of said A. B.; who hereby relinquishes all her dower in the afore-described premises, have hereunto set our hands and seals this day of in the year of our Lord, eighteen hundred and forty

,

A. B.

C. B. [...]

Sealed and delivered in presence of

[Must be acknowledged and recorded.-See Forms of, pp. 5-8.]

Mortgage of Real Estate, Foreclosure of in Massachusetts.*

"After breach of the condition of a mortgage of real estate, the mortgagee may recover possession of the mortgaged premises, by making an open and peaceable entry thereon, if not opposed by the mortgagor or other persons claiming the premises; and such possession being continued peaceably for three years, shall forever foreclose the right of redemption.

"When an entry for breach of condition is made, a memorandum or certificate thereof shall be made on the mortgage deed, and signed by the mortgagor or the person claiming under him, and the same shall within thirty days thereafter, be recorded in the Registry of Deeds, where the mortgage is recorded,

* The mortgagor is entitled to redeem his property in New York, Pennsylvania, Connecticut, New Hampshire, &c. In Massachusetts, Rhode Island and Maine, he has three years in which to redeem it.

with a note of reference from each record to the other or else, a certificate of two competent witnesses to prove the entry, shall be made and sworn to before a Justice of the Peace, and recorded within thirty days after the entry, in the Registry of Deeds, where the mortgage is recorded, with notes of reference as before provided; and no such entry shall be effectual, for the purposes mentioned in the preceding section, unless a certificate, or a deposition in proof thereof, shall be made and recorded in the manner herein provided.

Mortgagor's Certificate of Entry by Mortgagee.

This shall certify to all persons, that I, A. B. the within named mortgagor, this day of, A. D. 184-, do give peaceable and quiet possession of the within described premises, to C. D., for the purpose of foreclosing the within mortgage, to the said C. D. under the statute of this state for breach of condition.

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Certificate of Witnesses of Entry.

This shall certify to all persons, that. A. B. the within named mortgagor (or C. D. his attorney,) this day of

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A. D., 184—, called upon us to witness his entry upon the premises described in the within mortgage, and he made entry thereon in our presence, and declared that he did it for the purpose of forever foreclosing the within mortgage, according to the Statute.

Witness my hand, this hundred and forty

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A. B.

[Must be acknowledged and recorded.-See Forms of, pp. 5-8.] *Mortgage, Release of in Massachusetts, Rhode Island, &c. to be entered in the Margin of the Record.

I, C. D., acknowledge payment and satisfaction of the mortgage here recorded, given to me by E. F., and therefrom discharge him and his heirs, &c., forever.

day of

eighteen

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G. H.
N. B.

*In New York the mortgage may be discharged of record, by producing to the clerk a certificate in writing, that the mortgage has been paid, which must be signed by the mortgagee, and duly acknowledged and proved. A mortgage for the purchase money, made at the time of conveyance, takes preference to any previous judgment.

NOMINATION OF GUARDIAN.-PETITIONS.

NOMINATION OF GUARDIAN.*

of

Know all men by THESE PRESENTS, That I, A. B., in the county of son and heir of C. D., late of —, deceased, being a minor and under the age of twenty-one years, and above the age of fourteen years, do by these presents nominate, elect and choose E. F., of to be guardian as well of my person, as of my real and personal estate, until I shall attain the age of twenty

3

one years.

In witness whereof, I have hereunto set my hand this day of —, A. D. 184—.

PETITIONS.

Petition of Administrator to Sell Real Estate.

To the Honorable Justices of the Court, next to be holden at -on the day of in the of year our Lord one thousand eight hundred and Humbly shews C. D. of in the County of Administrator of N. B., late of deceased, intestate, that the debts due from said deceased exceed the net value of all the personal estate, whereof the said N. B. died seized and possessed, by the sum of —, as appears by the certificate of the Probate Court, hereto annexed.

Wherefore, your petitioner prays this honorable Court, by a suitable decree, to authorize, license, and empower him to sell so much of the real estate which was of the said N. B., at the time of his decease, as shall avail and produce the said sum of with charges of sale and all incidental charges; and as in duty bound will ever pray.

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63

Petition of Guardian to Sell Ward's Real Estate.

Court, next to be

To the Honorable Justice of the holden at on the day of in the year of our Lord one thousand eight hundred and C. D. of - in the county of

respectfully rep

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Administrator of C. D. Estate of N. B.

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The judge must appoint a guardian before he can act as such. If a minor be under 14 years of age, or out of the State, or if being 14 years of age, he neglect to appear, after citation, and choose a guardian, a suitable one must be appointed.

resents that he is guardian of N. B. a minor, under the age of twenty-one years, son of C. B. late of deceased. That the said C. D. is seized in fee simple of a tract of land with buildings on the same, situate in in said county of containing about acres, bounded and described as follows, [here insert the description,] and it would be for the interest of said N. B. that said Real Estate should be sold, and the proceeds thereof go to pay his personal expenses, and invested in a manner to secure to him a larger income and interest.

Your petitioner therefore prays your honors to authorize and empower him to sell and convey the aforesaid Real Estate belonging to the said minor, to execute good and sufficient deed or deeds of conveyance thereof, and put out the proceeds thereof on interest for the use of the said minor, according to the Statute, &c. And as in duty bound will ever pray.

the town of

C. D.

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Petition for Change of Highway.

To the County Commissioners for the County of

:

2

The undersigned respectfully represents, that the public highway from the house of A. B., in passing the house of C. D. to the house of E. F., in is marrow, crooked, indirect and inconvenient; wherefore your petitioners request your honorable Board to view the premises, and widen, straighten, or new locate said road, and discontinue such parts of the highway as may be useless; or make such alterations and improvements as shall appear to your honors necessary.

G. H. and others.

Guardian S of N. B.

Petition for laying out a Road.

:

To the county Commissioners for the county of Your petitioners inhabitants of the town of would respectfully represent that the public convenience and wants require that a road and highway should be laid out and constructed, beginning at in the town of

and leading in a direction through

to

*The terminus, or places where the road commences and ends, should be particularly described, but not the lots of land through which the road is to pass, as this would confine the commissioners to that particular land.

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