APPENDIX. NO. XXXIII.-BOND SECURED BY MORTGAGE. Know all Men by these Presents, That I, HENKY B. BRYANT, of the City of Chicago, State of Illinois, am held and firmly bound unto LOUIS L. WILLIAMS, of the City of Rochester, State of New York, in the sum of twelve thousand dollars, to be paid to the said LOUIS L. WILLIAMS, his executors, administrators, heirs or assigns, for which payment I hereby bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal this first day of July, in the year one thousand eight hundred and seventy-one. The Condition of the above Obligation is such, That if I, the said HENRY B. BRYANT, or my heirs, executors or administrators, shall pay, or cause to be paid, unto the said LOUIS L. WILLIAMS, the sum of six thousand dollars, with interest as follows, viz.: One thousand dollars, with interest on the same, on the first day of July in each year, from the date hereof, until the whole sum of six thousand dollars and interest shall be paid, then the above obligation shall be void, otherwise it shall remain in full force. Witness, ELIZABETH PRINTZ. HENRY B. BRYANT. SEAL. Instead of a bond like the foregoing to accompany the mortgage, a note like the following may be given : $6,000. Secured by Mortgage. NO. XXXIV.-MORTGAGE NOTE. For value received, I promise to pay LOUIS L. WILLIAMS or order, six thousand dollars, as follows: One thousand dollars, with interest on the same, on the first day of July each year hereafter until the whole sum shall be paid. HENRY B. BRYANT. ROCHESTER, July 1, 1871. When a mortgage has been paid, it should be discharged, and the instrument discharging it should be recorded. As to the form necessary for this purpose, the statute of the State in which the mortgage is recorded must be complied with. It usually prescribes the formalities also, to be adopted to prepare the instrument for record. The following form of discharge is sufficient in several of the Western States, and also in Massachusetts, to be written on the mortgage, and recorded on the margin of the record also: NO. XXXV.-MORTGAGE DISCHARGE. ANN ARBOR, MICHIGAN, July 1, 1872. I have received full satisfaction of the debt secured by this mortgage, and hereby cancel and discharge the same. JAMES H. GOLDSMITH. The form of mortgage herewith given is on premises situated in the State of New York, and the following form of Discharge is sufficient for that State : NO. XXXVI.-MORTGAGE DISCHARGE. I, LOUIS L. WILLIAMS, of the City of Rochester, State of New York, hereby certify that a certain mortgage, bearing date the first day of July, in the year of our Lord one thousand eight hundred and seventy-one, made and executed by HENRY B. BRYANT to me, and recorded in the Office of the County of Monroe, in Liber 104 of Mortgages, upon page 176, on the 1st day of July, 1871, is paid, ratisfied, and discharged. Dated the 10th day of December, 1872. In presence of GEORGE W. ELLIOTT. LOUIS L. WILLIAMS. Mortgages are assignable. The following form of Assignment is sufficient when indorsed on the mortgage: NO. XXXVII.-ASSIGNMENT OF MORTGAGE. In consideration of one thousand dollars, to me in hand paid by GEORGE SMITH, of the City of Rochester, State of New York, I do hereby sell, assign, transfer, and set over unto the said GEORGE SMITH the within indenture of mortgage, together with the bond accompanying the same, for his use and benefit, hereby authorizing him to collect the money due on the same in my name or otherwise, but at his own cost and charges, covenanting that the sum of one thousand dollars, besides interest, is now due thereon. A Lease, Made and executed between LOUIS L. WILLIAMS, of the City of Rochester, State of New York, of the first part, and JOHN D. ODELL, of the City of Toronto, Canada, of the second part, the first day of July, in the year of our Lord one thousand eight hundred and seventy-one. In Consideration of the rents and covenants hereinafter expressed, the said party of the first part has demised and leased, and does hereby demise and lease to the said party of the second part, the following premises, viz. : The two-story brick dwelling-house, known as Number 10 Elizabeth Street, in the City of Rochester aforesaid, with the privileges and appurtenances, for and during the term of three years and nine months from the date hereof, which term will end April 1st, 1875. And the said party of the second part covenants that he will pay to the party of the first part, for the use of said premises, the yearly rent of six hundred dollars, to be paid quarterly in advance, on the first days of July, October, January and April of each year. * Also that this lease shall not be assigned, nor the said premises, or any part thereof, underlet, without the written consent of the said party of the first part, or his legal representatives, under penalty of forfeiture. And that all repairs of a temporary character, deemed necessary by said party of the second part, shall be made at his own expense, with the consent of the said party of the first part, or his legal representatives, and not otherwise. And Provided said party of the second part shall fail to pay said rent, or any part thereof, when it becomes due, it is agreed that said party of the first part may sue for the same, or re-enter said premises, or resort to any legal remedy. The party of the second part agrees to pay all yearly city and county taxes to be assessed on said premises during said term. The party of the second part covenants that at the expiration of said term, he will surrender up said premises to the party of the first part in as good condition as now, necessary wear and damage by the elements excepted. Witness the hands and seals of the said parties, the day and year first above written. NO. XXXIX.-SHORT LEASE FOR ONE YEAR. I, GEORGE W. ELLIOTT, of the City of Rochester, State of New York, hereby lease to JULIUS L. TOWNSEND, of the same place, for the term of one year, to commence on the first day of January next, the dwelling-house numbered 18 Washington Street, in the City of Rochester aforesaid, with the appurtenances, for the yearly rent of four hundred dollars, to be paid quarterly, one hundred dollars each payment, on the first days of April, July, October and January. Said JULIUS L. TOWNSEND agrees to pay GEORGE W. ELLIOTT said rents at the times above specified, and to surrender the premises at the expiration of the term in as good condition as reasonable use will allow, fire and unavoidable casualties excepted. In Witness Whereof, the said parties have hereto set their hands this 15th day of December, A. D. 1871. GEORGE B. ELLIOTT, * Either or both of the clauses following this star, may be omitted at the pleasure of the parties. [The reference figures apply to sections, except when otherwise indicated by a mark for pages.] A. Abandonment to Insurer. What it signifies, 574. What the object of, 574. Necessity of, 575. Right Acceptance of Charter. Necessary to give it effect, 239. How may be inferred, 239. Must be un- conditional, 239. Acceptance of Proposition. When it completes contract, 33. When should be signified, 33. How may Acceptance of Bill of Exchange. Presentation for, 137. How to be made, 138. Effect of, 138. Makes ac- Acceptor. What should be satisfied of, before paying, 158. What he is bound to Accommodation Paper. Its nature and uses, 169. Duty of party accommodated, 169. Rights of the Act of God. Meaning of, 526. Common carriers are not liable for loss by, 526. Illustra Act of Man. Wherever traceable, carrier liable for loss, 526. But not for loss by public Act of Incorporation. What is a general, 249. Done by general statute, 249. For private com Agency. What it is, 180. What founded on, 180. Advantages of, 181. Different Agent. thority by general, 187; By special, 187. What may be, and what What is an, 196. Who may be, 196. Who may not be, 196. Appointment Distribution of Estates of Persons Deceased, Part I.. ..304 .315, 316 335, 336 .434, 435 .463 .477 489 .501 .516 522 |