Frederick Mortensen Hinch Edward Mills John.

American notary and commissioner of deeds manual: the general and statutory ... online

. (page 44 of 50)
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of after allowing all just off-sets, and that the said E. F. ia

( set forth the cause of attachments).

A. B ,

Or C. D., Agent f or A« B

Sworn and subscribed before me, this day of ....,▲• D



Olerk.



No. 9L (Vermont.) TO A MOBTGAGB.



We severally swear that the foregoing mortgage is made for the
purpose of securing the debt specified in the conditions thereof, and
for no other purpose, and that the same is a just debt, due and owing
from the mortgagor to the mortgagee. Which affidavit, with the cer-
tificate of the oath signed by the authority administering the same shall
be appended to such mortgage and recorded therewith.

When a corporation is a party it may be made and subscribed to by
a director, trustee, cashier, or treasurer, or by a person authorized by
the corporation.

When a partnership ia a party one of its members may subscribe
to it.

OFFIOIAZ. OATHS.

No. 92. OATH OF GOVEBNMENT OFFICBBa

1, A. B., do solemnly swear (or affirm) that I have never voluntarily
borne arms against the United States since I have been a citizen there-
of; that I have voluntarily given no aid, countenance, counsel, or
encouragement to persons engaged in armed hostility thereto; that I
have neither sought nor accepted, nor attempted to exercise the func-
tions of any office whatever, under any authority, or pretended author-
ity, in hostility to the United States; that I have not yielded a volun-
tary support to any pretended government, authority, power, or con-
stitution within the United States, hostile or inimical thereto. And I do
further swear (or affirm) that, to the best of my knowledge and abUity,
I will support and defend the constitution of the United States against
all enemies, foreign and domestic; that I will bear true faith and al-
legiance to the same; that I take this obligation freely, without any
mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office on which I am about to
enter, so he^ ma God.



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§ 560] FOBiCfl. 871

No. 98. OATH OF GOVERNMENT OPPICBBS POBMIELY PAE-
TICIPANTS IN THE BEBBLUON.

I, A. B., do solemnly swear (or affirm) that I will support and de-
fend the constitution of the United States against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the
duties of the office on which I am about to enter, so help me God.



No. 94. NOTABT'8 OATH.

I do solemnly swear that I will support the constitution of the

United States and the constitution of the State of , so long as I

continue a citizen thereof, and that I will faithfully discharge, accord-
ing to law, the duties of the office of to the best of my ability,

so help me God.

No. 95. OATH BEQUIBBD TO BE TAKEN BT ALL PEBSONS BB-

FOBE BNTEBING UPON THE DUTIES OF THEIB

OFFICE IN BJJNTUOKY.

FOBM.

I do solemnly swear (or affirm) that I will support the constitution
of the United States and the constitution of this commonwealth, and
be faithful and true to the commonwealth of Kentucky so long as I
continue a citizen thereof, and that I will faithfully execute, to the best

of my ability, the office of according to law, and I do further

swear (or affirm) that since the adoption of the present constitution,
I being a citizen of this State, have not fought a duel with deadly
weapons within this State nor out of it, nor have I sent or accepted
a challenge to fight a duel* with deadly weapons, nor have I acted as
second in carrying a challenge, nor aided or assisted any person thus
offending, so help me God.



No. 96. OATH OF OFFICE IN NEVADA.

I, , do solemnly swear (or affirm) that I will support, protect,'

and defend the constitution and government of the United States, and
the constitution and government of the State of Nevada, against all
enemies, whether domestic or foreign; and that I will bear true faith,
allegiance an^ loyalty to the same, any ordinance, resolution, or law
of any State convention or legislature to the contrary notwithstanding;
and further, that I do this with a full determination, pledge, and pur-
pose, without any mental reservation or evasion whatsoever, and I do
further solemnly swear (or affirm) that I have not fought a duel, nor



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372 NOTARIES PUBUC. [§ 560

sent or accepted a cballenge to fight a duel, dot been a second to either
party, nor in any manner aided or assisted in such duel, nor been know-
ingly the bearer of such challenge or acceptance, since the adoption of
the constitution of the State of Nevada^ and that I will not be so en-
gaged or concerned, directly or indirectly, in or about any such duel,
during my continuance in office; and further, that I will well and faith-
fully perform all the duties of the office of , on which I am about

to enter (if an oath) ''so help me God," (if an affirmation), under the
pains and penalties of perjury.

No. 97. IN NOBTH CABOUNA.

Party to lay his hand on the holy evangelists of Almighty Qod, in
token of his engagement to speak the truth, as he hopes to be saved in
the way and methods of salvation pointed out in that blessed volume;
and in further token, that, if he should swerve from the truth, he may
be justly deprived of all blessings of the gospel and made liable to that
vengeance which he has imprecated on his own head; and he shall
kiss the holy gospel, as a seal of confirmation to the said engagements.

If conscientiously opposed to taking the Book, he may stand with

his Tight hand uplifted and say: "I, , do appeal to God, as a

witness of the truth and the avenger of falsehood, as I shall answer
the same at the great day of judgment when the searcher of all hearts
shall be known," etc.

No. 98. OATH BEQXnBBD OP AN OPFICEB OP VIBGINIA.

I, , do declare myself a citizen of the commonwealth of Vir-
ginia, and do solemnly swear that I will support and maintain the con-
stitution and laws of the United States, and the constitution and laws
of the State of Virginia; that I recognize and accept the civil and
political equality of all men before the law; and that I will faithfully

perform the duty of to the best of my ability. So help me

God.

No. 99. OATH OP COMMISSIONEB OP DEEDS.

I, f swear (or affirm) that I wHl faithfully perform the duties

of commissioner to the best of my ability. So help me God.

No. 100. OATH ALLOWED TO OPPICB HOLDEBS.

I swear (or affiirm) that I have not since the removal of my diaabil-

ities by an act of the general assembly, approved the day of

, nineteen , fought in a duel, the issue of which was

or might have been the death of either party; nor have I been know-
ingly the bearer of any challenge or acceptance to fight a duel actually
fought; nor have I been otherwise engaged or concerned, directly or
indirectly, in a duel actually fought since said time; nor will I during



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§ 560] FOBlCfi. 373

my eontinuanee in oIBm be lo engftged, directlj or indireetlj. So help
me God.

No. 101. OATHS GBNEBALLY.

Should be administered while standing with the head uncovered and
the right hand raised.

1. You do solemnly swear, that you will true answers make to such
questions as shall be put to you, touching the execution of this con-
veyance. So help you Qod.

2. Tou do solemnly, sincerely and truly declare and affirm that you
will true answers make to such questions as shall be put to you, touch-
ing the execution of this conveyance.

No. 102. TO A WITNESS.

3. Tou do solemnly swear, that you will true answers make to such
questions as shall be put to you, touching the identity of the parties
(or, the subscribing witness) to this conveyance. So help you God.

4. You do solemnly swear by the overliving God, that the contents
of this affidavit by you subscribed to are true.

5. You do solemnly swear, that the evidence which shall be given
by you, touching the matters in controversy between 0. D. and G. B.,
shall be the truth, the whole truth, and nothing but the truth. So help
you God.

6. You do solemnly swear by the overliving God, that the state*
ment herein set forth and subscribed to by you is the truth.

103. APPIBMATION.

7. You do solemnly, sincerely and truly declare and afton*

No. 104. (Indiana.) OATH.
Swear to tell the truth, the whole truth, and nothing but the trnth*

No. 105. OATH.

Shall be most consistent with and binding upon the conscience of the
party taking it.

No. 106. TO WITNESS IN MINNESOTA.

You do solemnly swear that the evidence you shall give relative
to the cause now under consideration shall be the truth and nothing but
the truth. So help you God.

No. 107. AFFIDAVIT.

You do solemnly swear, that the contents of this affidavit, by you
subscribed to, are true, as therein stated. So help you God.



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374 NOTARIES PUBLIC. [| 660

No. 108. FORM FOB AN INFIDEL.

Ton do honestly and sincerely promise and declare that the testi-
mony you shall give relative to the cause now under consideration shall
be the truth^ the whole truth, and nothing but the truth, and this
under the pains and penalties of perjury.

No. 109. CANADA.

^"'*^*» I to wit:

Province of British Columbia. J

I, A. B., solemnly declare that (state facts), and I make this solemn
declaration, conscientiously believing it to be true, and knowing that it
is of the same force and effect as if made under oath, and by virtue of
the ** Canada Evidence Act, 1893."

Declared before me, , at , this day of ,

A. D

No. 110. AFFIRMATION FORM.

I, A. B., do solemnly, sincerely and truly affirm and declare that the
taking of an oath is, according to my religious belief, unlawful; and I
do also solemnly, sincerely and truly affirm and declare, etc.

No. 111. BILL OF SALE.

Know 2ill men by these presents, that , of the , in the

County of , and State of , part. . of the first part, for and in

consideration of the sum of dollars, lawful money of the United

States of America, to in hand paid, at or before the ensealing

and delivery of these presents, by

of the second part, the receipt whereof is hereby acknowledged, ha. .
granted, bargained, sold, and delivered, and, by these presents, do.,
grant, bargain, sell and deliver, unto the said part. . of the second part,
all the following goods, chattels, and property, to wit:

To have and to hold the said goods, chattels, and property unto the

said part., of the second part, heirs, executors, administrators,

and assigns, to and for own proper use and behoof, forever.

And the said part. . of the first part do. . vouch to be the true

and lawful owner. . of the said goods, chattels, and property, and have

in full power, good right, and lawful authority, to dispose of the

said goods, chattels, and property, in manner, as aforesaid: And

do, for heirs, executors, and administrators, covenant and agree

to and with the said part. . of the second part, to warrant and defend
the said goods, chattels, and property to the said part., of the second

part, executors, administrators, and assigns, against the lawful

claims and demands of all and every person and persons whomsoever.

In witness whereof, have hereunto set hand., and



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§ 560] FORMS. 375

Baal.., the day of , in the year one thonsand nine hun-
dred and (SeaL)

(SeaL)

Sealed and delirered in the presence of



State of , )



County.

I, , in and for said county, do hereby certify, that this instm-

ment was duly acknowledged before me, by the above named ,

this day of , A« D. 19. . . •



No. 112. AGEEBMENT.

This agreement made this day of , between T. B. of

, merchant, of the first part, by C. J., his attorney, and W. F. of

, merchant, of the second part, by 0. S., his attorney, witnesseth.

That the said party of the first part, in consideration of

dollars to him in hand paid, agrees to (state agreement).

(Signed and sealed by both attorneys.)

No. 113. AGREEMENT FOB SALE AND FUBCHASE.

This agreement, made this day of , between T. S., of

, farmer, and G. S., of , merchant, witnesseth:

That the said T. S., in consideration of the agreement hereinafter
contained, to be performed by G. S., agrees to sell and deliver to the said

G. S., at his warehouse in (specify goods,), on or before the

day of y l^d. ., and the said G. S., in consideration thereof, agrees to

pay to the said T. S. the sum of dollars per for the said

immediately upon the completion of the delivery thereof.

In witness whereof we have this day and year as above written set
our hands and seals.

No. 114. AGREEMENT FOR WARRANTY DEED.

Articles of agreement, made this day of , in the year of

our Lord one thousand nine hundred and , between ,

party of the first part, and , party of the second part; witnesseth,

that if the party of the second part shall first make the payments and

perform the covenants hereinafter mentioned on part to be

made and performed, the said party of the first part hereby covenants
and agrees to convey and assure to the said party of the second part,
in fee simple, clear of all incumbrances whatever, by a good and suffi-
cient warranty deed, the lot. ., piece. ., or parcel of ground, situated in

the County of , and State of , known and described as

, and the said party of the second part hereby covenants and

agrees to pay to the said party of the first part the sum of dol-
lars in the manner following: , with interest at the



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376 K0TA&LB8 PUHLIO. [f 560

Tata of per e«ntam p«r umnm, payable aamiallXy on the

whole 0om remaining from time to time nnpaid, and to paj all taxes,
aeseesments or impodtiont that maj be legally levied or imposed npon

said land, subsequent to the jear, And in ease of the failure of

the said party of the second part to make either of the payments, or

any part thereof, or perform any of the covenants on part hereby

made and entered into, this contract shall, at the option of the party
of the first part, be forfeited and determined, and the party of the

second part shall forfeit all payments made by on this contract,

and such payments shall be retained by the said party of the first part
in full satisfaction and in liquidation of all damages by sus-
tained, and shall have the right to re-enter and take i>OB8eB8ion

of the premises aforesaid

It is mutually agreed, by and between the parties hereto, that the
time of payment shall be the essence of this contract and that all
the covenants and agreements herein contained shaU extend to and be
obligatory upon the heirs, executors, administrators and assigns of the
respective parties.

In witness whereof, the parties to these presents have hereonto set
their hands and seals, the day and year first above written.

(SeaL)

(SeaL)

(SeaL)

Sealed and deUvared in presence of



No. 115. ASSIGNMENT OF AN ACCOUNT.

Enow aU men by these presents^ that I, A. B., of , in consider-
ation of dollars, lawful money of the United States [to me paid

before the sealing and delivery of these presents, the receipt whereof
is hereby acknowledged (c)], have sold, assigned, transferred, and set
over, and by these presents do sell, assign, transfer, and set over unto Y.

Z^ of , his executors, administrators, and assigns, to his and their

own proper use and benefit [all my right, title, and interest in and to]*,
any and all sum or sums of money now due or to grow due upon the
annexed account, or upon the sales [or, services, or loans, or whatever
transactions may be the basis of the account] therein mentioned. And
I do hereby give the said Y. Z., his executors, administrators, and as-
signs, the full power and authority, for his or their own use and benefit,
but at his or their own cost, to ask, demand, collect, receive, compound,
and give acquittance for the same, or any part thereof, and in my name
or otherwise to prosecute and withdraw any suits or proceedings at
law or in equity therefor.

In witness whereof, I have hereunto set my hand and seal, this

day of , 19

In presence of (Signature.) (SeaL)

(Signature of .witness or witnesses.)



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§ 660] FORlia. ill

No. 110. ASSIGNMENT OF LEASE.

(Am in Form 115 to the *, continning thus:) a certain indenture of
lease, bearing date the day of , in the year one thou-
sand nine hundred and , made bj , of , to me

the said , of a certain dwelling-house and lot, situate in

, with all and singular the premises therein mentioned and de-
scribed, and the buildings thereon, together with the appurtenances; (h)

to have and to hold the same unto the said , his heirs, executors,

administrators, and assigns, from the day of next,

for and during all the rest, residue, and remainder of the term of
years mentioned in the said indenture of lease; subject, never-
theless, to the rents, covenants, conditions, and provisions therein also
mentioned. And I do hereby covenant and agree to and with the said

that the said assigned premises now are free and clear of and

from all former and other gifts, grants, bargains, sales, leases, judg-
ments, executions, back rents, taxes, assessments and incumbrances
whatsoever.

In witness, etc.

No. 117. ASSIGNMENT OF MOBTGAGE.

Know all men by these presents, that whereas , of ,

on day of , by his deed of mortgage of that date, for

the consideration of , did grant, bargain, sell, and convey unto

me, , of , my heirs and assigns, all and singular (here

describe the mortgaged premises), to have and to hold the same to me

the said , my heirs and assigns, forever, upon condition (hero

recite the conditions of the mortgage). Now, therefore, I, the said

, in consideration of the sum of , to me in hand paid

before the ensealing hereof, do by these presents sell, assign, transfer,

and set over unto , of , his heirs and assigns, forever,

the said (premises) to have and to hold the same to him, the said
, his heirs and assigns, forever, as fully and in as ample a man-
ner as I, the said , my heirs or assigns, might hold and enjoy

the same by virtue of the mortgage-deed aforesaid, and not otherwise.

And I do, for myself, my heirs, executors, and administrators, hereby
authorize and empower the said , his heirs, executors, and ad-
ministrators, to receive to his and their own use the sum or sums men-
tioned in the condition of said deed, whenever the same shall be tendered

or paid to him or them, by the said , his heirs, executors, or

administrators, agreeably thereto, and to discharge the said mortgage,
or to take and pursue such other steps and means for recovery of the
said sum or sums, with the interest, by sale of the said mortgaged
premises, or otherwise, as by law are provided, as fully to all intents
and purposes as I, the said , my heirs, executors, or adminis-
trators might or could do.

And I do, for myself, my heirs, executors, and administrators, cove-
nant with the said , his heirs and assigns, that I have good



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378 NOTARIES PUBUC. [§ 660

right to assign, the said premises as aforesaid; and that he, the said
... ...y shall, and may have, hold, occupy, posBess, and enjoy the same

(subject, however, to the right of redemption, as by law in such cases
is provided), against the lawful claim of all persons.
In witness, etc

No. 118. BOND FOB DEED.

Know, all men by these presents, that , of the County of ,

and State of , held and firmly bound unto , of the

County of , and State of , in the penal sum of dol-
lars, to be paid unto the said heirs, executors, administrators

or assigns, to which payment, well and truly to be made bind

heirs, executors, administrators, and every of them, firmly by

these presents.

Sealed with seal. ., and dated the day of , A. D.

19...

The condition of the above obligation is such, that, whereas, the

above bounden ha., this day sold to the said , heirs and

assigns, for the sum of dollars, all the following described lot . . ,

piece. ., or parcel. . of land, to wit:

which sum of dollars is to be paid in the manner following:

, with interest at the rate of per cent, per

annum payable annually on the whole Sum remaining from time

to time unpaid.

Upon the payment of the said sums being made at the time and in
the manner aforesaid, and of all taxes, assessments, or impositions
that may be legally levied or imposed upon said land subsequent to

, A. D. 19. ., the said , heirs, executors, and assigns,

covenant. . and agree. . to and with the said , heirs, execu-
tors, administrators and assigns to execute a good and sufficient deed of
conveyance, in fee simple, free from all incumbrance, with full cove-
nants of warranty for the above described premises.

Now, if the said shall well and truly keep, observe, and per-
form covenants and agreements herein contained on part,

to be kept and performed, then this obligation to be void; otherwise to
remain in full force and virtue. It is expressly understood and agreed
by and between the parties hereto, that time is of the essence of this
contract, and, that in the event of the nonpayment of said sum of
money, or any part thereof, or the interest thereon, at the time or
times herein named for its payment, that then the said ab-
solutely discharged at law and in equity from any and all liability to
make and execute such deed.

(Seal.)

(Seal.)

Sealed and delivered in the presence of



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§ 660] FORMS. 879

No. 119. BOND FOB MONET.

Enow mil men hj these presents, that I, , of the town of

y in the county of , and State of , merchant,

am held and firmly bound unto , of said town, farmer, in the

sum of dollars (inserting the penal sum, which is commonly

double the amount of the principal sum intended to be secured, in
order to coyer interests, costs, expenses, and other contingencies), good

and lawful money of the United States, to be paid to said , his

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

Sealed with my seal, and dated the day of , 19. . . .

The condition of this obligation is such, that if the above-bounden

, his heirs, executors, and administrators, or any of them, shall

well and truly pay, or cause to be paid, unto the above-named ,

his executors, administrators, or assigns, the just and full sum of

dollars (inserting the principal intended to be secured), with

interest at the rate of per cent, per annum (or, with legal

interest), for the same, on (or before), (b) the day of ,

which will be in the year one thousand nine hundred and , with-
out fraud or other delay, then this obligation is to be void, otherwise
to remain in full force.

(SeaL)

No. 120. CEBTIFICATE.

The undersigned T. S., fence viewer of the town of , hereby

certifies, after due inquiry, that G. B. is entitled to receive from the

owner of the which came upon his inclosed lands in said town

on the .(.... day of , 19. ., the sum of dollars as his

reasonable charges for keeping the same from the day of ,

19.., to the day of , and that my fees in this matter

amount to dollars.



No. 121. OONTBACT.

This agreement made the day of , 19. ., by and between

T. C, of the of , in the County of and the State

of , of the first part, and by W. C, of , of the second part,

witnesseth: That the said party of the second part covenants and
agrees to and with the party of the first part to (insert agreement).
And the said party of the first part covenants and agrees to pay unto
the said party of the second part, for the same, the sum of dol-
lars in the following installments: dollars on the day

of and dollars on the day of , with

per cent, interest due and payable at the time.

And for the true and faithful performance of all and every of



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380 NOTARIES PUBLIC. [§ 560

the coyenanti and agreementi above mentioned the partiee to these

presents bind themselves, each nnto the other, in the penal sum of

dollars as liquidated damages, to be paid bj the failing party.

In witness whereof, the parties to these presents have hereunto set
their hands and seals the day and year first above written.



Signed, sealed and delivered in the presenee of



No. 122. OONTBACT WITH EMPLOYEE.

This agreement, made this day of , 19. . . ., between

, of , of the first part, and , of , of the

second part, witnesseth: That the said agrees faithfully and

diligently to serve the said , as clerk, in the store of the said



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 44 of 50)