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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

. (page 17 of 70)
Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 17 of 70)
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all and all manner of actions, (as before).

In Witness Whereof, &c.

(50.)
A Release from Creditors to a Debtor, under a Composition.

To all Persons to whom these Presents may come, we who have
hereunto set our hands and seals, creditors of of , send

greeting. Whereas the said is indebted to us his said

creditors, in several sums of money, which he is not able fully to satisfy and dis-
charge ; we therefore have agreed, and do hereby agree, to accept of the sum of
in full payment and satisfaction of all the debts, owing

to us respectively at the date hereof, by and from the said ,

which is paid by or for the said (the name of the debtor) to (the names of the persons
to whom the money is to be paid for the creditors releasing) * and assignees by virtue of
a commission, of bankrupt awarded against the said , for the use of,

and to the intent that the same may be shared and divided amongst us his said
creditors, seeking relief under the said commission, in proportion and according to
the debts to us severally due and owing : Now therefore know ye, that for the
, consideration aforesaid, each of us, the said creditors who have hereunto set our
hands and seals, for him and herself, his and her heirs, executors, and copartner?,
doth by these presents, remise, release, and forever discharge the said
his heirs, executors, and administrators, of and from our said several debts, and all
and all manner of action and actions which against the said

, each and every of us the said creditors now hath, or which

each and every of our heirs, executors, or administrators respectively, hereafter
may, can, or ought to have, claim, or demand, for, upon, or by reason of, the said
several and respective debts to us severally due and owing, or for or by reason of
any other matter, cause, or thing whatsoever from the beginning of the world.

In Witness Whereof; &c.

* The words following in Italic may be omitted according to circumstances.



FOKriS OF EELEASES. H7

(51.)
A Release of all Legacies.

Know all Men by these Presents, That I

of widow, have remised, released, and forever quit claimed,

and by these presents do for me unto of ,

gentleman, executor of the last will and testament of late

of , deceased, and to the heirs, executors, and administrators

of the said , all legacies, gifts, bequests, sum and sums of money

and demands whatsoever, bequeathed and given unto me the said ,

in and by the last will and testament of , deceased, and all

and all manner of actions and suits, sum and sums of money, debts, duties, reckon-
ings, accounts, and demands whatsoever, which I the said

ever had, now have, or that I, my executors or administrators, can or may, at any
time or times hereafter, have, challenge, or demand against the said
his executors, administrators, or assigns, for or by reason of any matter, cause, or
thing whatsoever, from the beginning of the world until the day of the date hereof.

In Witness Whereof, &c.

(520
A Release of a Bond, it being Lost.

To all to whom these Presents may come, (name of r denser) sendeth
greeting. Whereas by his bond or obligation, bearing date

(recite the bond), as by the said bond or obligation, and the condition thereof may
appear : And whereas the sum of mentioned in the said bond,

with all the interest for the same, is paid and satisfied unto me the said ,

in full discharge for the said bond or obligation : And whereas the said bond or
obligation is lost, or at present mislaid, so that it cannot be found to be delivered
up to the said , to be cancelled : Now know ye, that I the said

for the consideration aforesaid, have remised, released, and

quit claimed, and by these presents do, for me, my executors and administrators,
remise unto the said his heirs, executors,

and administrators, as well the said recited bond or obligation, as all such sums of
money as therein are mentioned to be due and payable, unto me the said

my executors, administrators, or assigns ; and also all actions, suits,
cause and causes of action, accounts, debts, reckonings, sums of money, judgments,
executions, and demands whatsoever, which I, the said ever

had, now have, or that I, my executors, administrators, or assigns, or any of us,
can or may have, for or against the said his executors or

administrators, for, or by reason of, the said recited bond or obligation, or any other



148 BECEIPTS AND RELEASES.

matter, cause, or thing whatsoever, concerning the same, from the beginning of tlie
world to the day of the date hereof.

In "Witness "Whereof I the said have hereunto set my

hand and seal this day of

(Signatures.) (Seals.)
In Presence of

(The following covenant may be inserted before " Inmtneu.")

And I, the said for me, my executors, ,'

do covenant , to and -with the said , his

, that if I the said , my executors, ,

or any of us, at any time hereafter, do find or can obtain the said recited bond or
obligation, then I, the said , my executors ,

or some of us, shall and will, within two months next after the said obligation shall
be found as aforesaid, deliver, or cause to be delivered, the said bond or obligation,
unto the said his .



. (63.)

A Release of a Judgment*

This Indenture, Made the day of

in the year one thousand eight hundred and between of

the second part,

"Whereas, Judgment was rendered on the day of

in the year one thousand eight hundred and hi an action hi

the between plaintiff and

defendant in favor of the said against the said

for the sum of as appears by the

Now this Indenture "Witnesseth, That the said part of the first

part in consideration of the sum of to duly paid at

the time of the sealing and delivery of these presents, the receipt whereof is hereby
acknowledged, ha granted, released, discharged and set over, and by these
presents do grant, release, discharge and set over, unto the said part of the
second part, the following described premises, to wit :

Together with the hereditaments and appurtenances thereto belonging;
and all the right, title and interest of the said part of the first part, of, in and
to the same, to the intent that the lands hereby conveyed may be released and dis-
charged from the said above-mentioned judgment, and from all lien or incumbrance
that has attached to the same, by reason of the recovery of the said judgment, as
free and clear in all respects as though said judgment had not been rendered. To
have and to hold, the lands and premises hereby released and conveyed, to the said



FORMS OF RELEASES. 149

part of the second part heirs and assigns, to their

only proper use, benefit and behoof forever, free, clear and discharged of and from
all lien and claim, under and by virtue of the judgment aforesaid.

In Witness Whereof, The said part of the first part ha hereunto
set hand and seal the day and year first above written.

(Signatures?) (Seals.")
In Presence of

(54.)
A Release of a Condition.

Know all Men by these Presents, That I, of

, for divers good considerations me hereunto moving, have

remised, released, and quit claimed, and by these presents, for me, my executors,
administrators, and assigns, do unto

of , his heirs, executors, administrators, and assigns, as well one

proviso or condition and all and every the sum and sums of money, specified in the

same proviso or condition, contained or comprised in one pair of indentures of

bearing date , made between me the said

, of the one part, and the said of the

other part, and also all and all manner of actions and suits, cause and causes of
actions and suits, for or concerning the said proviso or condition.

In Witness Whereof, I the said have hereunto set my

hand and seal this day of

(Signature.') (Seal.)
In Presence of

(55.)
A Release of a Covenant contained in an Indenture of Lease.

To all Persons to whom these Presents may come, (name of releaser)
sendeth greeting. Whereas in and by an indenture of lease, bearing date
made between , of the one part, and the said

of the other part, the'.'e is contained a covenant in these words following, viz. (recite
the covenant verbatirr, as therein contained) whereunto relation being had, it doth at
large appear : Now know ye, that I, the said , for divers

good causes and considerations, me hereunto moving, have remised, released, and
quit claimed and by these presents for me do

unto the said , his the said covenant, grant,

clause, agreement, and article, before rehearsed or recited, and all and every other
matter, thing, and things specified, declared, and contained in the same covenant,
clause, and agreement, and all the benefit, profit, advantage, and commodity, that
by any manner of means, may or might arise, grow, come, or happen to me the
said , for or by reason of the same covenant, clause, article, or



150 EEOEIPTS AND RELEASES.

agreement, or any word, sentence, matter, thing, or things therein contained, so that
the said his executors and assigns, and every of them, from

henceforth forever, shall be fully acquitted, released, and discharged against me the
said my executors, and administrators, and every of us, of,

from, and for the said covenant, grant, clause, article, and agreement before iihearsed
or recited, and of, from, and for, every thing and things, touching the same (but
this present release shall not in anywise extend to any other covenant, clause, or
article in the said indenture contained).

In Witness Whereof, I the said have hereunto set my

hand and seal this day of

(Signature.) (Seal.)
In Presence of

(56.)
JL Release in Extinguishment of a Power*

To all Persons to whom these Presents may come, Now know ye,
that I, the said , pursuant to the said agreement, and for divers

good causes and considerations me hereunto moving, have released, extinguished,
and discharged, and by these presents do fully and absolutely release, extinguish,
and discharge, the said recited power for raising the said sum of
as aforesaid, and all the lands therein comprised, or subject thereto,

BO that I, the said shall not, nor will, at any time or tunes here-

after, raise the same, or any part thereof, or hereafter charge the said lands
with the payment thereof, or any part thereof.

In Witness Whereof I the said have hereunto set my

hand and seal this day of

(Signature.') (Seal.)
In Presence of

(57.)

A Release from a Lessor to a Lessee (upon his surrendering his
Lease) from the Covenants therein.

To all Persons to whom these Presents may come, (name ofreleaser)

sends greeting : Whereas the said by his indenture of lease, bearing

date , did demise unto a messuage

in at a certain rent, for a certain term of

years, of which about years are yet to come and undetermined, in

which said lease are contained covenants for repairing the said premises, and other

covenants, on the part of the said to be performed : And whereas,

by agreement between the said and the said

hath delivered up the said recited lease, and surrendered the

same, and all his interest and term in and to the said house and premises : Isow



FOEMS OF RELEASES. 151

therefore know ye, that the said , in consideration tnereof,

doth hereby, for himself, his heirs, executors and administrators, remise, release, and
forever discharge the said his executors and administrators, of

and from all and every the covenants and agreements, in the said recited lease
contained, by and on the part and behalf of the said his

to be done and performed, and from all actions, suits, costs, charges,
payments, damages, claims, and demands whatsoever, hi law and equity, for or
concerning the same in any manner of wise.

In Witness Whereof^ I the said have hereunto set my

hand and seal this day of

(Signature.) (Seal.)

In Presence of

(58.)
A General Release of Dower.

To all to whom these Presents shall come, (name of releaser)

send greeting : Know ye, that the said the

party of the first part to these presents, for and in consideration of the sum of

lawful money of the United States, to her in hand paid at or before
the ensealing and delivery of these presents, by of the second

part, the receipt whereof is hereby acknowledged, hath granted, remised, released,
and forever quit claimed, and by these presents doth grant, remise, release, and
forever quit claim, unto the said party of the second part, heirs and assigns

forever, all the dower and thirds, right and title of dower and thirds, and all other
right, title, interest, property, claim and demand whatsoever, La law ad equity, of
her, the said party of the first part, of, in, and to (here describe the estate the dower
in ivhich is released)

so that she, the said party of the first part, her heirs, executors, administrators or
assigns, nor any other person or persons, for her, them, or any of them, shall not
have, claim, challenge, or demand, or pretend to have, claim, challenge, or demand,
any dower or thirds, or any other right, title, claim or demand whatsoever, of, in or
to the same, or any part or parcel thereof, in whosoever hands, seisin, or possession
the same may or can be, and thereof and therefrom shall be utterly barred and
excluded forever by these presents.

. In Witness Whereof, The said party of the first part to these presents
hath hereunto set her hand and seal, the day of

hi the year of our Lord one thousand eight hundred and

S'gnature.') (Seal)
In Presence of

(59.)
A Release of Dower to the Heir

Know all Men by these Presents, That I relict of

late , as well for and La consideration



152 RECEIPTS AND RELEASES.

of to me paid, at or before , by my son

, the receipt whereof I do hereby acknowledge, and for

the love and affection which I have to my said son, have granted, remised, released

and forever quit claimed, and by these presents do unto the said

hie heirs and assigns forever, all the dower and thirds, right

and title of dower and thirds, and all other right, title, interest, property claim, and
demand whatsoever, in law and in equity, of me the said of, in,

and to (a description of the parcel of land in which dower is released) so that neither
I, the said my heirs, executors, or administrators, nor any

other person or persons for me, them, or any of them, shall have, claim, challenge,
or demand, or pretend to have any dower or thirds, or any other

right, title, claim, or demand, of, in, or to the said premises, but thereof and there-
from, shall be utterly debarred and excluded, forever, by these presents.

In "Witness Whereof, The said party of the first part to these presents
hath hereunto set her hand and seal, the day of

in the year of our Lord one thousand eight hundred and

(Signature.) (Seal.')

In Presence of



(60.)
A ^Release of Dower in Consideration of an Annuity given by Will.

To all Persons to whom these Presents may come, (name of rehaser)
widow, relict and residuary legatee of late of , deceased,

sendeth greeting. Whereas the said , in and by his last will

and testament, duly signed, sealed, published, and declared in my presence and
with my approbation, bearing date , did settle and secure unto

and upon me the said , an annuity of to

be paid unto me half yearly, by equal payments, in lieu and full satisfaction of the
dower or thirds at common law, which I might otherwise have, claim, or be entitled
unto, out of all and every the lands, tenements, and hereditaments whatsoever, of
my said late husband, deceased, or of, in* to, or out of the reversion or remainder,
rents, issues, and profits thereof: Now know ye, that I the said
for and in consideration of the said annuity so secured to me as aforesaid, and hi
pursuance and part performance of the said last will and testament of my said late
husband, do hereby declare myself fully satisfied and contented therewith, and do
hereby remise, release, and forever quit claim unto of

, and of , trustees,

appointed in and by the said last will and testament of my said late husband (in
their actual possession and seisin now being) their executors , all

and all manner of dower hi and to the said premises, but thereof and therefrom,
shall be utterly debarred and excluded, forever, by these presents.



FOKMS OP RELEASES. 153

In Witness Whereof, The said party of the first part to these presents
hath hereunto set her hand and seal, the day of

hi the year of our Lord one thousand eight hundred and

(Signature.') (Seal)

In Presence of

(61.)

A Release of Dower where the Husband of tJie Widow joins in

the Deed. MSS.

Know all Men by these Presents, That (name of husband) of

and (name of wife} his wife, in her right, in consideration
of paid them by of , the

receipt whereof they hereby acknowledge, have granted, remised, released, and for-
ever quit claimed, and by these presents do unto the said
his heirs and assigns forever, all the right which the said
hath to dower or thirds, of and in (here describe the estate')
whereof uor late husband (name of former husband) late died seized,
situate, , which she claims as of the endowment of the said

deceased, and all the right, title, interest, and claim whatsoever, which the
said and have, or either of them hath,

or by law might have, of, in, and to the same : To have and

to hold the same to the said and his heirs and assigns for-

O

ever ; and the said and for themselves,

their heirs, executors, and administrators, do hereby covenant with the said

and his heirs and assigns, that he and they shall henceforth
forever, have and quietly enjoy the released premises, without any claim or demand
had or made, or to be had or made by them, or any persons, claiming, or who may
claim the same or any part thereof, by, from, or under them or their heirs.

In Witness Whereof, The said party of the first part to these presents
hath hereunto set her hand and seal, the day of

in the year of our Lord one thousand eight hundred and

(Signature.) (Seal.)

In Presence of

(62.)
A Release of a Trust.

To all to whom these Presents may come, (name ofreleaser) sendeth
greeting. Whereas, by indenture bearing date , made between

(here recite the deed) in which said indenture the said

doth hereby declare, that his name was only used in trust, for the benefit and
ixihoof of of : Now know ye, that I, the

wad , hi discharge of the trust reposed hi me, at the request



154 BECEIPTS AND RELEASES.

of the said , have remised, released, and surrendered, assigned,

and set over, and by these presents, for me, my executors and administrators, do
freely and absolutely remise unto the said

his executors , all the estate, right, title, interest, use, benefit,

privilege, and demand whatsoever, which I the said have, or

may have or claim, of, or to the said premises, or of and in any sum of money, or
other matter or thing whatsoever, in the said indenture contained, mentioned, and
expressed, so that neither I the said my executors cr adminis-

trators, or any of us, at any time hereafter, shall or will ask, claim, challenge, or
demand any interest or oth&r thing, in any manner whatsoever, by

reason or means of the said indenture, or any covenant therein contained, but
thereof and therefrom, and from all actions, suits, and demands, wk'^h I, my
executors, administrators, or assigns, may have concerning the same, shall be
utterly excluded and forever debarred, by these presents.

In Witness Whereof, The said party of the first part to these presents
hath hereunto set her hand and seal, the day of

in the year of our Lord one thousand eight hundred and

(Signature.) (Seal.)

In Presence of

(63.)
A Release of Right to Lands.

Know all Men by these Presents, That I (name ofreleaf.r) of

, in consideration of to me paid by (name

of releasee) the receipt , have remised, released, and fcrever

quit claimed, and by these presents do unto the said

and his heirs, all the estate, right, title, interest, use, trust, claim, and
demand whatsoever, both at law and in equity, which I, the said
have, of, in, to, or out of, all and singular the following described parcel of land
(here describe the land) so that neither I the said , my heirs or

assigns, or any other person or persons hi trust for me or them, or in my or their
name or names, or hi the name, right, or stead of any of them, shall or will, can
or may, by any ways or means whatsoever, hereafter have, claim, challenge, or de-
mand, any right, title, or interest, property, claim, and demand, of, hi, to, or ouf of
the same , or any of them, or any part thereof, but that I the raid

, my heirs and assigns, and every of them, from all estate, ri{ ht,
title, interest, property, claim, and demand, of, in, to, or out of the said ,

or any of them, or any part thereof, are, is, and shall be, by these presents fore er
excluded and debarred.

In Witness Whereof, The said party of the first part to these prese: Is
hath hereunto set her hand and seal, the day of

hi the year of our Lord one thousand eight hundred and

(Signature.) (Sea )
In Presence of



FORMS OF EELEASES. 155

(64.)
A Release bettveen two Traders on Settling Accounts.

Whereas sundry accounts, current and otherwise, and divers dealings in
trade have been subsisting for a long time past, between of

trader, and of trader,

which said accounts and dealings, the said and

have balanced and adjusted, whereby it appears that nothing remains due
from the one to the other ; and whereas, therefore, to prevent any future disputes,
concerning the said accounts and dealings, and to confirm the said adjustment, the
said and have mutually agreed to give

reciprocal releases to each other. Now know all men by these presents, that the
said (one of the parties) (for the considerations abovesaid, and to prevent all
future disputes) for himself, his executors, and administrators, doth remise, release,
and forever quit claim unto the said (the other parly) his

all and all manner of action and actions, cause and causes of action, suits, debts,
dues, sum and sums of money, accounts, reckonings, bonds, specialties, covenants,
contracts, controversies, agreements, promises, variances, damages, extents, execu-
tions, claims and demands whatsoever, both at law and in equity, which against
the said his the said

now hath or ever had, on account of then* said mutual dealings, or for or by reason
of any other cause, matter, or thing whatsoever, from the beginning of the world
to the day of the date of these presents.

And the said (the other party) (for the considerations abovesaid, and to pre-
vent all future disputes) for himself, his executors, and administrators, doth remise,
release, and forever quit claim unto the said (the other party), his
all and all manner of action and actions, cause and causes of action, suits, debts,
dues, sum and sums of money, accounts, reckonings, bonds, specialties, covenants,
contracts, controversies, agreements, promises, variances, damages, extents, execu-
tions, claims and demands whatsoever, both at law and in equity, which against
the said his the said

now hath or ever had, on account of their said mutual dealings, or for or by reason
oi any other cause, matter, or thing whatsoever, from the beginning of the world to
tlr*. day of the date of these presents.

In Witness "Whereof* We have hereunto set our hands and seals, this

day of in the year

(Signatures.) (Seals.)
Jn Pretence of

12



156 NOTES OF HAND, BILLS OF EXCHANGE, ETC.



CHAPTER XVI.



NOTES OF TTATVP ANT> DSELOL.8 OF DETS1CHLAJVGE,

CHECKS. *



SECTION I.
THE PURPOSE OF, AND THE PARTIES TO, SUCH PAPERS.

THESE instruments are usually negotiable. By negotiable paper
is meant evidence of debt which may be transferred by indorse-
ment or delivery, so that the transferee or holder may sue the same
in his own name, and as if it had been made to him originally ; or,
in other words, it means paper, that is, bills of exchange or promis-
sory notes, or drafts, or checks payable to the order of a payee, or
to bearer.

The rules of law on the subject of negotiable paper are more
exact and technical than those of any other department of Mercan-
tile Law. They reach, on many points, an extreme nicety, which
makes it difficult to express them intelligibly to persons who do not
already possess some familiarity with the subject. All difficulty of
this kind could have been easily avoided by me, by omitting any
notice of these nice points. But it was thought better to mention
them, one and all, for these are the things an intelligent man of
business should know ; and although the rules stated, especially those
in reference to presentment, demand, notice, and some other subjects,



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 17 of 70)