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Agreement for sale of an estate by private contract.

Articles of agreement made and entered into this day of between A B of &c. of the one part and C D of &c. of the other part as follows: The said A doth hereby agree with the said B to sell to him the lot of ground &c. for the sum of - ; and that he the said A shall and will on the day of - next on receiving from the said B the said sum at his own cost and expense, execute a proper conveyance for the conveying and assuring the fee simple of the said premises to the said B free from all incumbrances, which conveyance shall contain a general warranty and the usual full covenants. And the said B agrees with the said A that he the said B shall and will on the said -next, and on the execution of such conveyance pay unto the said A the sum of aforesaid. And it is further agreed between the parties aforesaid as follows-That the said A shall have and retain the possession of the property and receive and be entitled to the rents and profits thereof until the said —

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day of next; when and upon the delivery of the conveyance the possession is to be delivered to the said B. And it is understood that the stipulations aforesaid are to apply to and to bind the heirs, executors and administrators of the respective parties. And in case of failure the parties bind themselves each unto the other in the sum of which they hereby consent to fix and liquidate as the amount of damages to be paid by the failing party for his nonperformance. In Witness whereof the parties have hereunto set their hands and seals the day and year aforesaid.

Conditions of sale, where property is sold at auction as a mortgage sale, &c.

Conditions of sale of a lot of land, &c.

1. That the highest bidder shall be the buyer; and if any dispute arise as to the last or best bidder the property shall be put up at a former bidding.

2. That no person shall without the assent of the auctioneer advance less at any bidding than dollars or retract his bidding.

3. That the purchaser shall within one hour after the property is struck off to him pay down a deposit in the proportion of dollars for every hundred dollars of the purchase money into the hands of the auctioneer, and sign an agreement for payment of the remainder on the day of next at: at which time and

place the purchase is to be completed.

4. That upon payment of the remainder of the purchase money at the time and place aforesaid, the vendor shall at his own expense convey the property to the purchaser by a proper instrument, with general warranty and full covenants.

5. If the purchaser shall neglect or fail to comply with these conditions his deposit money if any is paid, shall be forfeited to the vendor who shall be at liberty to re-sell the property at public auction; and the deficiency (if any) occasioned by such second sale, together with all expenses attending the same shall immediately after the said sale be made good to the vendor by the defaulter at this present sale; and in case of the non-payment of the same the whole thereof shall be recoverable by the vendor as and for liquidated damages.

March 14, 1813.

A B Auctioneer.

Agreement on a purchase at such sale.

A B having become the purchaser of the within mentioned property at the sum of dollars, and having paid unto C D the agent of the vendor the sum of dollars as a deposit and in part payment of the purchase money.

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Now I the said AB do agree to pay the remaining sum dollars unto the vendor at on the

day

next, and in all other respects on my part to fulfil the within conditions of sale.

And I, E F the agent of the vendor, do agree that he shall in all respects fulfil the said conditions of sale on his part. Dated March 14, 1813.

B

An Agreement for building a house.

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E it remembered, That on this agreed between A B of manner and form following, viz. the said CD for the considerations hereinafter mentioned, doth for himself, his heirs, executors and administrators, covenant with the said A B his executors, administrators and assigns, that he the said C D or his assigns, shall and will, within the space of next after the date hereof, in a good and workmanlike manner, and at his own proper charge and expense, at well and substantially erect, build and finish one house or messuage, according to the draught, scheme and explanation hereunto annexed, with such stone, brick, timber and other materials, as the said A B or his assigns, shall find and provide for the same: In consideration whereof the said A B doth for himself, his executors and administrators, covenant with the said CD his executors, administrators and assigns, well and truly to pay unto the said C D, his executors, administrators or assigns, the sum of in manner following, viz. ning of the said work

of lawful money of —

part thereof at the beginmore another part thereof when the said work shall be half done, and the remaining in full for the said work, when the same shall be completely finished: And also that he the said A B his executors, administrators or assigns, shall and will, from time to time as the same shall be required, at his and their own proper expense, find and provide, stone, brick, timber, and other materials necessary for making, building and finishing the said house. And for the performance of all and every the articles and agreements above mentioned, the said A B and C D do hereby bind themselves, their executors, administrators and assigns, each to the other, in the penal sum of firmly by these presents. In wùness, &c.

A

part.

Articles for rebuilding of Mills.

RTICLES of agreement made, &c. between A B of, &c. of the one part, and G H of &c. of the other

First, The said G H for the consideration herein after

mentioned doth promise and agree, to and with the said A B, his executors, administrators and assigns,' that he the said G H shall on or before, &c. repair and go to, &c. and there in a good and workman-like manner, by and with the directions of the said A B well and sufficiently rebuild, or cause to be rebuilt, the mills of, &c. with such materials, and workmen to be employed under him, as the said A B, his executors, administrators or assigns, shall find, and provide for the same.

In consideration whereof, the said A B doth hereby for himself, his heirs, executors and administrators promise and agree to, and with the said G H to pay, or cause to be paid to the said G H, his executors, administrators or assigns, for all such time as he shall be employed as aforesaid, in rebuilding the mills aforesaid, weekly and every week, the wages of dollars, &c. and so in proportion for a less time than a week, to be paid to him the said G H by the said A B at, &c. And also that he the said A B shall and will pay, or cause to be paid, to him the said G H over and above the wages aforesaid, the sum of - in manner following, that is thereof, to be paid down in hand, and to be paid him on the finishing of the rebuilding of the mills aforesaid, to the satisfaction and good liking of him the said A B, his executors, administrators or assigns.

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And lastly, The said G H doth promise and agree to, and with the said A B, his executors, administrators and assigns, that he the said G H shall not absent himself or depart from the work and rebuilding aforesaid, without leave in writing first had and obtained from the said A B. And that if he shall absent himself or depart from such work or building without such leave, that he will pay to the said AB for every day of such absence, and the said G H hereby consents that such sums as may become due under this clause may be stopped and deducted by the said A B, his executors, administrators or assigns, out of the wages aforesaid, if any shall be due. In witness, &c. A 2

Articles between a Merchant and his Apprentice.

A

RTICLES of agreement indented, made, &c. between A B of, &c. of the one part, and C D son of ED of, &c. and the said E D of the other part, in manner following, that is to say:

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Whereas the said A B on the day of the date of these presents, in consideration of the affection which he hath and beareth to the said C D is contented to take the said CD to be his apprentice or servant in merchandizing affairs and to employ him therein, as well in parts beyond the seas, as in the state of where the said A B shall or may hereafter, or now hath trading and dealings, for the space of seven years, to commence from, &c. And thereupon the said É D father of the said C D doth covenant and agree to and with the said A B his executors, administrators and assigns, in manner following, that is to say:

First, That the said C D his son, shall, during the said term of seven years, (if he so long live) diligently and faithfully, to the utmost of his power and skill, serve him the said A B in his trade of merchandizing, and other his lawful affairs, in such place and places, as he the said A B shall think fit to appoint: And that the said C D at all times hereafter, during the said term, shall receive and take into his charge and custody, all such goods, wares and merchandizes whatsoever, as by, or for the use or account of the said A B shall be consigned or sent to him the said C D or which he shall any way be entrusted with: And also sell, utter and dispose of the same goods, wares and merchandizes to the best profit and advantage he can, for the said A B, his executors, administrators and assigns: And shall also, during the said term, duly follow and perform the advice, directions and orders of him the said A B which shall by letter, or otherwise, be sent, given, or made known to him the said C D about or concerning the merchandizing and business aforesaid.

And that he the said C D shall, at the proper costs and charges of the said A B, his executors or administrators, provide and keep in good and due order, the books of accounts concerning his said employment as aforesaid, according to the custom of merchants in such cases: And shall deal justly and faithfully to and with the said A B,

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