oaths of ——, a justice of the peace for said county, and of — — and - all reputable persons, who being sworn and charged to inquire for the State when, how and by what means the said -came to his death, upon their oaths do say: (here insert how, where, when, by what means, and with what instrument the death occurred.) So the jurors aforesaid, upon their oaths aforesaid do say (here insert the following in case of murder :) that the said (or some person to the jurors unknown) in manner and form aforesaid, the aforesaid then and there, of his malice aforethought, did kill and murder, against the peace and dignity of the State; (in case of self-murder, insert instead,) that the said -, in manner and form aforesaid, then and there voluntarily and felonionsly as a felon of himself, did kill and murder himself, against the peace and dignity of the State; (or, in case of death by misfortune, insert instead,) that the said, in manner aforesaid, came to his death by misfortune; (or, in case of death happening innocently by the hands of another person, insert instead,) that the aforesaid -, the aforesaid, (deceased) by misfortune, and contrary to the will of the said in manner and form aforesaid did kill and slay. In witness whereof the said jurors have hereunto set their hands the day and year first above written. Jurors. In witness of all above written the said coroner hath hereto set his hand and seal, the same day and year. (Seal.) R. S. 456, § 13; C. S. 571, § 13. § 14. If any person charged by the inquest with having caused the death of the person whose body lies dead before them, shall not then be in custody, the coroner shall forthwith notify some justice of the peace of the same county thereof, that such person may be apprehended, examined and secured for trial according to law. Ib. § 14. § 15. Every coroner, after taking an inquest of the violent or casual death of any stranger, shall bury the dead body in a decent manner, and the expenses of such inquest and burial shall be paid to said coroner out of the treasury of the county, upon his certifying that the deceased was a stranger, on his account being examined and allowed by the court of common pleas. 1b. § 15. § 16. The following fees shall be allowed on the taking of each coroner's inquest, to be paid from the county treasury: To the coroner, for taking the same, one dollar fifty cents; To the jurors, each one dollar fifty cents a day; for travel, each, six cents a mile; To the constable for summoning and attending the jury, sixtyseven cents a day, and his necessary expenses. R. S. 474, §22; C. S. 592, § 22. § 16,A. From and after the passage of this act, justices of the peace and quorum shall have and exercise the same powers and be entitled to the same compensation, which is conferred upon coroners by the provisions of this chapter (224 of the Revised Statutes.) Laws 1853, ch. 1422. 1083. Authority from selectmen to take an inquest. The undersigned, selectmen of the town of M., do hereby authorize J. M. R., a coroner for the county of H., to take an inquest of the death of an unknown person (or, of R. P., of said M.) found dead in said M., on the day of, A. D. 185-, whose death is supposed to have been occasioned by violence or casualty. M.,, 185-. M. F. D. C. A. B. APPENDIX. FORMS OF AGREEMENTS, ASSIGNMENTS, BILLS OF SALE, BONDS, DEEDS, DISCHARGES OF MORTGAGES, INDENTURES, LEASES, LETTERS OF ATTORNEY, PROMISSORY NOTES, RECEIPTS, RELEASES, SURRENDERS, TRUSTS AND WILLS. 1084. General form of agreement. day of ―, Articles of agreement, indented, made and concluded the A. D. 185-, between A. B., of C., in the county of M., of the one part, and C. D. of said C., on the other part. The said A. B., for the consideration hereafter mentioned, doth hereby covenant and agree that, &c. And the said C. D., doth hereby covenant and agree, &c. To the true performance of the several covenants and agreements aforesaid, the said parties do hereby respectively bind themselves and their respective heirs, executors and administrators, each to the other, his executors and administrators, in the penal sum of dollars. In testimony whereof they have hereunto interchangeably set their hands and seals, the day and year first above written. Signed, sealed and delivered in presence of A. B. (L. 8. It is probably needless to remark, that all this is mere form. The first clause may be always wholly omitted, or any other form substituted, as, This Indenture, &c.; Know all Men, &c.; Be it known, &c.; This Deed witnesseth that; Memorandum, &c., as in subsequent forms. The repetitions in written instruments are very idle; as, "covenant and agree;" "give, grant, bargain, sell," &c.; "have granted," &c., and "do grant," &c. Penal clauses are in most cases entirely ineffectual. Damages are allowed, as an equitable compensation for any injury one party may sustain by the neglect of the other to perform his contract; and no more will be allowed than is equitable, if any form of instrument is adopted. It is never necessary to mention "executors or administrators” in any legal instrument. They are bound in all cases, except such as are in their nature personal to the party contracting; and in that case they would not be bound if they were named. They may avail themselves of any contract made with the deceased, whether they are named or not.-Shep. Touchstone, 178. Heirs are bound, if they are named, and not otherwise. Ibid. § 178. They can sue on any contract made with their ancestor, equally, whether they are named or not. 2 Sel. N. P. 418. The word "heirs" must not be omitted in deeds of real estate; because in that case the purchaser would take but an estate for life. Litt. § 1. Assigns usually need not be named in legal instruments. If a covenant relates to any thing in being, they are bound, whether named or not. If it relates to any thing merely personal to the contracting party, they are not bound, though they are named. In one case only, that of a contract relating to something not then in being, but to be done on land leased; as, to erect a building, or the like, assignees will be bound if they are named, but not otherwise. Assignees can sue on what are called covenants running with the land, whether named or not, and in no other case. 2 Sel. N. P. 420, 426. These words heirs, executors, and administrators and assigns, are generally omitted in the following forms. The person drawing any instrument has only to bear in mind that they do no hurt, and he is entirely at liberty to use them at his pleasure. It has been intended to insert them wherever they could have any legal operation. Sealing is required in all deeds, leases, and other instruments affecting real estate ; and in some other cases; and is generally to be preferred. 1085. Agreement on sale of wheat. It is agreed by A. B., of, &c., and C. D., of, &c., as follows: Said A. B. agrees to sell and deliver to said C. D., at his store in C., on or before the day of, three hundred bushels of wheat, warranted to be good, clean and merchantable. Said C. D. agrees to pay said A. B. three hundred dollars in full for said wheat, in three months from such delivery. Witness our hands and seals, the in presence of 1086. Agreement to convey land. day of, 185-. A. B. (L. 8.) A. B., of M., and C. D., of B., agree as follows: Said B. agrees to convey to said D. in fee a certain tract of land (here describe the premises, as in a deed,) by a warrantee deed in common form, for one hundred dollars, on or before the day of— next. Said D. agrees to pay said B. the said sum of one hundred dollars on the delivery of the deed. Said D. may enter upon and occupy the premises, and take the profits thereof on the day of -- Witness our hands and seals the Signed, sealed and delivered in presence of 1087. Agreement to build a house. day of -, 185-. A. B. (L. 8.) A. B. of M., and C. D., of G., agrce as follows: Said B. agrees to construct and complete for said D., on lot No. -, on — street in M., a two story dwelling-house, agreeably to the plan and specifications signed by the parties; to furnish all necessary materials, of good and suitable quality, and the work to be done in a thorough, workmanlike manner, on or before the day of next, for the sum of 800 dollars. Said D. agrees to pay said sum of 800 dollars as follows: $100 when the cellar is completed; $100 when the frame is erected; $100 when the outside is shingled and clapboarded; $100 when the lathing is completed, and the residue when the building is completed. Said B. agrees to pay rent at the rate of dollars a month, from the day of till the work is finished. Witness our hands and seals, the day of 185 A. B. (L. 8.) Specifications for the construction of buildings are extremely various. All that will be attempted will be to direct attention to the particulars which would ordinarily be embraced in a specification. SPECIFICATION. Materials-size of building-height of stories. Cellar. Size-depth-walls-quality of stone-thickness-how laidpointing-underpinning-depth-how hammered-lined. Cellar Windows. How many-where-size-sash-glass. Frame. Size of timbers-floor joists-rafters-how far apart. Outside. How boarded-clapboards, quality-how laid-weather boards -pilasters, Chimneys. Foundations-quality of bricks-arch-trimmers-fire-places-how many-where-what sizes-hearths and jams, what-fluessize-separate-plastered-oven and ash-hole-arched-kind of doors -chimney tops, quality of bricks-height. Windows. How many-where-size-sashes-springs-weights-glass size-quality-finish-outside-inside-shutters-blinds-fastenings. Doors. Outside-finish-inside-how many-size-thickness-panels -hinges-locks-latches-finish of castings-steps-scrapers. Floors. Double-under-floor-quality of boards-upper-quality-width -thickness-seasoning-mop-boards-width, &c. Lathing and Plastering. Furrings, how close-laths, quality-mortarsand, what-hair-thickness-number of coats-how put on. Closets. How many-where-shelves-pins. Stairs. Front-what-finish-balusters-back cellar and garret stairs. Sinks. How many-spouts-what-where-pump-where-what. 1088. Agreement to compound debts. Know all men by these presents, That the subscribers, creditors of J. B., of, &c., finding that said J. B. is disabled, by losses and otherwise, to pay us our respective debts in full, do severally and respectively agree with said J. B. to accept of him thirty cents for each dollar of our respective demands against him, in full satisfaction of the whole of said demands, provided the said sum of thirty cents for each dollar of our said demands is paid to us or our representatives within six months from |