of the purchaser) the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said all that said tract or parcel of land above mentioned and described, with the appurtenances thereto belonging.

To Have and to Hold the same to him, the said grantee, his heirs and assigns, to his and their use and behoof forever; subject, nevertheless, to the right of redemption, according to law.

And I, the said grantor, do covenant with the said grantee, his heirs and assigns, that in making the said sale as above set forth, I have complied with, observed, and obeyed all the provisions of law for the sale of real estate for the non-payment of taxes.

Justice of the Peace.

acknowledged the above instrument to be his free act and deed.

Before me,

(162.)

Deed of Assignee, in use in the Western States.

day of

in the (A.D. 19)*

This Indenture, Made this year of our Lord one thousand nine hundred and between (name, residence, and occupation of the assignee who is the grantor) as assignee of (name, residence, and occupation of assignor) of the one part, and (name, residence, and occupation of the purchaser who is grantee) of the other part:

Whereas, The said (name of the assignor) being lawfully seized in his demesne, as of fee, among other things, of and in a certain lot, piece, or parcel of ground, situate in the County of and State of known and described as follows, to wit (here describe the premises as in Form 107). And being so thereof seized, did, on or about the A.D. one thousand nine hundred and

day of

(A.D. 19 ).

part for the

dollars.

enter into a written contract with the said party of the second sale of the above-described premises for the sum of And Whereas, The said (name of the assignor) did, by his certain deed of assignment, bearing date the

day of

A.D. 19 , grant, bargain, sell, aliene, remise, release, convey, assign, transfer, and set over (with other property) the above-described lot, piece, or parcel of ground unto the said party of the first part, his successors.

executors, administrators, and assigns forever, in trust nevertheless, to and for the uses and intent and purposes in said deed of assignment mentioned and set forth, reference thereto being had may tully and at large appear; which, said deed of assignment is recorded in Book

page

of deeds, in the office of (the clerk of the Circuit Court of said county, and ex-officio recorder of deeds).

And Whereas, The said assignor

did not comply with

the said contract before the execution and delivery of the said deed of assignment to the said party of the first part.

Now this Indenture Witnesseth, That the said (name of the assignee and grantor) assignee of said (name of the assignor) for and in consideration of the sum of dollars (being the balance of the purchase money and interest due on said contract), unto him in hand paid by the said party of the second part, at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged by these pres ents, does grant, bargain, sell, aliene, release, and confirm unto the said party of the second part, and his heirs and assigns, all the above mentioned ano described lot, piece, or parcel of ground, together with all and singular the rights, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, property, claim, and demand whatever, that he the said assignor had and heid at and immediately before the execution and delivery of the said deed of assignment to said party of the first part, and also all the right, title, interest, property, claim, and demand whatever, that the said party of the first part acquired in, under or by virtue of the said deed of assignment by said assignor, to him, the said party of the first part. To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise appertaining, and all the estate, right, title, interest, and claim whatsoever, either in law or equity, that said assignor had and held at the time of and immediately preceding the execution and delivery of said deed of assignment to the said party of the first part, and all the right, title, interest, and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

In Witness Whereof, The said party of the first part has hereunto sel his hand and seal, the day and year first above written.

(Signature of Assignee.) (Seal.)

I,

STATE OF

a

COUNTYS

in and for said county, in the who is personally

State aforesaid, do hereby certify that known to me as the real person whose name is subscribed to the within deed, appeared before me this day, in person, and acknowledged that he executed

and delivered the said deed, as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and

of

seal this

in the year of our Lord one thousand nine hundred and

day

(163.)

(Signature.) (Seal.)

Acknowledgment of Grantor and Wife identified, before Commissioner for another State.

commissioner for the State of (name of the State of which he is commis sioner) resident in the

of

, duly appointed, commissioned, and sworn to take acknowledgments and proof of deeds and other writings in the State of to be used or recorded in the said State of (name of the State of which he is commissioner) and to administer oaths and affirmations, and to take depositions in said State of to be used within the said State of

appeared (name of grantor) and (name of wife of grantor) his wife, who are satisfactorily proven to me to be the individuals described in, and who exe cuted the within deed, from said (name of grantor) and wife to (name of grantee) by the oath of (witnesses to their identity) who being by me duly cautioned and sworn, deposed that he knew them, the individuals, then present, to be the persons described in, and who executed the within deed. The said and his wife, then and there acknowledged to me that they executed the said deed for the purposes therein mentioned; and the said (name of the wife) being examined by me privily, and apart from her said husband, and the contents and effect of the said deed being by me first duly explained to her, did then and there acknowledge that she executed the same for the purposes therein mentioned, freely and without compulsion of or from her said husband. In Witness Whereof, I have hereunto set my hand and affixed the sea. of my office, on the day of in the year

of our Lord one thousand nine hundred and

(Signature.) (Seal.)

Dominion of Canada.

The two Canadas were separated as to civil rights in 1791, and the French laws were allowed to remain in force in Lower Canada, while the civil laws of England were declared to be in force in Upper Canada. Now, both of these provinces, and with

them nearly all the other British provinces in North America, are consolidated into the Dominion of Canada. But the same distinction of law continues to a considerable extent. In the Province of Quebec, formerly Lower Canada, the principles, forms, and usages of the French law prevail largely; while, in the other provinces, the common law of England prevails, as in the United States generally, and the forms and usages are substantially similar in all of them.

We give selected forms of deeds of grant and sale, mortgages, and leases, from different provinces, which we believe will suffice for practice generally throughout the Dominion. There are certain provisions, which, though not universal, are prevalent, and would always be safe and prudent. Deeds conveying land are now almost universally registered, and there should be a subscribing witness, who declares in an affidavit his name, residence, and occupation, and makes oath: 1. To the execution of the original, and of the duplicate, if there be one. 2. To the place and date of execution. 3. That he knew the parties to the instrument, or one or more of them, as the case may be. If the deed be made in Quebec, it should be executed before a judge, or prothonotary, or the clerk of the Circuit Court, or a commissioner empowered to take affidavits, or a notary public.

(164.)

Deed of Land in use in the Province of Ontario.

This Indenture, Made (in duplicate) the one thousand nine hundred and

day of

in pursuance of the Act respecting short forms of conveyances, between (here insert the name, occupation, and residence of the grantor or grantors) of the first part, and (here insert the name, occupation, and residence of the grantee or grantees) of the second part,

Witnesseth, That in consideration of (here insert the price paid) of lawful money of Canada, now paid by the said part of the second part to the said part of the first part (the receipt whereof is hereby by acknowledged), the said part of the first part do grant unto the said part of heirs and assigns forever, all and singular th certain parcel or tract of land and premises situate, lying and being here insert a description of the premises sold, substantially the same as in Form 107).

part,

To Have and to Hold unto the said part of the

part,

heirs and assigns, to and for their sole and only use forever: subject, nevertheless, to the reservations, limitations, provisos, and conditions expressed in the original grant thereof from the Crown. And the said part of the first part release to the said part of the claims upon the said lands.

part all

In Witness Whereof, The said parties hereto have hereunto set their hands and seals.

was personally present and did see the within instrument and duplicate duly signed, sealed, and executed by

the part

at the

thereto. 2. That the said instrument and duplicate were executed

3. That I,

know the said part 4. That I am a subscribing witness to the said instrument and duplicate.

Sworn before me at the

this

day of

of

in the County of

in the year of our Lord 19 A Commissioner for taking affidavits in B. R., &c.

(165.)

Deed of Land with Mortgage Back to secure the Price, in use in the Province of Quebec.

On This Day, the

one thousand nine hundred and

notar duly commissioned and sworn, in and for the heretofore Province of Lower Canada, now the Province of Quebec, in the Dominion of Canada, residing in the city of Montreal, in the said Province, personally appeared (name, residence, and occupation of the grantor or grantors) who acknowledged and confessed to have bargained, sold, assigned, transferred, and made over, and by these presents do bargain, sell, assign, transfer, and make over, from henceforth and forever, with promise of warranty against all gifts, dowers, mortgages, substitutions, alienations, and other hindrances whatsoever, to (name, residence, and occupation of the grantee or grantees) part to these presents, and accepting thereof, for heirs and assigns, (the description of the premises conveyed substantially as in Form 107,) with all and every the members and appurtenances thereunto belonging, of all which the said purchaser declare to have a perfect knowledge, as having seen and viewed the same, and therewith content and satisfied. Which said vendor lawfully seized thereof, by virtue of a good and sufficient title, the same having been acquired (here give a brief but accurate account or abstract of the title). The aforesaid hereby bargained and sold lot piece or parcel of land and premises.