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1145. Acknowledgment by husband and wife.

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STATE OF: County of a justice of the peace for the county aforesaid, do certify that —, and ——, his wife, who are known to me to be the persons described in the foregoing deed, and who signed and sealed the same, did this day acknowledge the same to be their free act and deed. And said wife of said—, being

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by me privately examined, separate and apart from her said husband, acknowledged that she executed said deed without any fear or compulsion from any person.

Given under my hand and seal, at —, the

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day of -, A. D. 185-. Justice of the Peace. (L. s.)

This indenture witnesseth that A. B., of, &c., doth bind out his son, C. B., and the said C. B. doth bind out himself as an apprentice to R. P., to learn the trade of -; to dwell with and serve the said R. P. from the date hereof until the day of A. D. 185-. During which time the said apprentice his master shall faithfully serve, his secrets keep, and all his lawful commands every where at all times obey ; he shall do no damage to his said master, nor willfully suffer any to be done by others; and if any to his knowledge be intended, he shall give his master seasonable notice thereof He shall not waste the goods of his said master, nor lend them unlawfully to any; at cards, dice, or any unlawful game he shall not play; taverns, grogshops, or places of gaming, he shall not frequent; from the service of his said master he shall not absent himself, but in all things and at all times he shall behave himself as a good and faithful apprentice ought, during the whole time aforesaid.

And the said R. P. on his part hereby agrees to instruct the said apprentice in the trade of a-, by the best means he can, and also to cause him to be instructed to read, write, and cipher as far as the Rule of Three, if the said apprentice be capable to learn, and shall faithfully find and provide for the said apprentice good and sufficient meat, drink, clothing, lodging and other necessaries fit and convenient for such an apprentice, during the term aforesaid; and at the expiration thereof shall give to the said apprentice two suits of apparel, one suitable for the Lord's days and the other for working days.

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In witness whereof the said parties have hereunto interchangeably set their hands and seals, the day of, 185-. Signed, sealed and delivered in presence of

1147. Indenture to bind out a poor child.

A. B. (L. s.)
C. B. (L. S.)
R. P. (L. S.)

This indenture witnesseth that B. T., P. W. and S. M., overseers of the poor of the town of, in the county of, by virtue of a law of this State, do bind out as an apprentice, C. D., son of G. D., of said town, a child chargeable to said town, who is not employed in any lawful business, and whose parents are unable to maintain him, unto A. B., of said -, &c., to learn the art, &c., [as in last form, to "working days."] In testimony, &c.

B. T. (L. S.)

P. W. (L. S.)
S. M. (L. S.)
A. B. (L. S.)

[Note. Males may be bound by overseers till the age of twenty-one years; females only till eighteen.]

1148. Indenture to bind to labor any idle person.

This indenture witnesseth that B. T., P. W. and S. M., overseers of the poor of the town of C., in the county of M., by virtue of a law of this State, do bind out to labor to C. D., of said C., yeoman, for the space of one year from the date hereof, A. B., a person residing in said town of C., who lives idly and pursues no lawful business, and who is poor and stands in need of relief, (or whose family, standing in need of relief, are supported by such town) during which time the said A. B. shall faithfully serve the said C. D. and obey all his lawful commands, not wasting any of his goods, nor doing any damage to him whatever. And the said C. D. agrees to pay to the said overseers, for the service of the said A. B. for the term aforesaid, the sum of dollars, to be applied by the said overseers for the support of the said A. B.'s family [if he has any; if not, say, "to be laid out at the discretion of the said overseers, for the use and benefit of the said A. B."]

In testimony whereof the parties aforesaid have hereunto interchangeably set their hands and seals, the day of, 185–. Signed, sealed, &c.

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B.

T. (L. s.)

P.

W. (L. s.)

S.

M. (L. 8.)

C.

D. (L. S.)

&c., doth place his son, C. B. expressed by his signadwell with and serve the day of, 185-; during faithfully shall serve; he

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1149. Indenture to bind a minor as a servant. This indenture witnesseth that A. B., of, B., a minor, with the consent of the said C. ture hereto, as a servant to C. D., of, &c., to said C. D. from the date hereof until the which term the said C. B. his said master shall do no damage to his said master, nor willfully suffer any to be done by others; he shall not waste his master's goods, nor lend them unlawfully to any; from the service of his said master he shall not absent himself, but shall in all things behave himself as a faithful servant ought, during the whole time aforesaid.

And the said C. D. agrees to allow the said servant to attend the district school in the district in which he lives, three months in every winter, during the term aforesaid, and to provide him with suitable books and stationery; and also shall and will provide the said C. B. with good and sufficient meat, drink, clothing, lodging, and other necessaries fit and convenient for such servant, during the term aforesaid; and at the expiration thereof to give him two suits of wearing apparel, one suitable for the Lord's days and the other for working days. In testimony, &c.

1150. Indenture by a mother.

A. B. (L. 8.)
C. B. (L. s.)
C. D. (L. 8.)

This indenture witnesseth that A. B., of, &c., mother of D. B., a minor, and son of C. B., of, &c., deceased, doth bind out her son, the said D. B., with the consent of the said D. B. expressed by his signa. ture hereto, as an apprentice to C. D., &c., [as in form 1146,] or as a servant to C. D., &c., [as in form 1149.]

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1151. Indenture by a guardian.

This indenture witnesseth that A. B., of, &c., guardian, legally ap pointed, to C. D., minor son of E. D., late of, &c., deceased, with the consent of the said C. D. expressed by his signature hereto, doth bind out the said C. D. as an apprentice, &c., [see form 1146,] or as a servant, [sce form 1149.]

1152. Indenture by a minor, with the approbation of the selectmen.

This indenture witnesseth that C. D., a minor, now resident in son of A. D., of, &c., deceased, having no parent or guardian, with the approbation of E. F,. G. H. and J. K., selectmen (or a major part of the selectmen) of the said town of -, doth bind out himself as an apprentice [see form 1146,] or as a servant [see form 1149.]

After the signature of the parties, the selectmen should express their approbation as follows:

We, the subscribers, selectmen of the town of the terms of the foregoing deed, do here signify our approbation of -, having examined the same, and of the said C. D. binding himself as therein mentioned.

E. F.

G. H.

J. K.

1153. Lease.

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This indenture, made the of E., in the county of R-- and State of New-Hampshire, and R. S., day of, A. D. 185-, between A. B., of said E., witnesseth that (1) in consideration of the rents and covenants hereinafter reserved and contained, on the part of the said R. S. to be paid and performed, the said A. B. doth lease to the said R. S. (2) all that farm called the Q-farm, situate in said E., now or late in the possession of R. T., with all the privileges and appurtenances to the same belonging (3) To have and to hold the same to him from the date hereof [or from the first day of April next, &c.,] for the term of five years next ensuing (4) paying therefor yearly during the said term to the said A. B., his heirs and assigns, the yearly rent of forty dollars, to be paid by equal half-yearly payments, on the first days of October and April in each year; the first payment to be made on the first day of October next.(5.)

And the said A. B. agrees with the said R. S., that the said R. S. shall peaceably possess the said premises during said term, without the lawful interruption or eviction of any person whatsoever, [or of the said A. B., or any person claiming under him.](6.)

And the said R. S. agrees that he will pay to the said A. B. the said yearly rent of forty dollars, at the days and times above mentioned; and will at all times during said term seasonably pay and discharge all taxes which shall be assessed upon said premises; and will at all times during said term, at his own expense, maintain and repair all the buildings and fences belonging to said premises, or which may at any time during said term be erected thereon; and the same premises and every part thereof, in good repair as they now are, will peaceably deliver up to the said A. B., his heirs and assigns, at the termination of this lease.(7)

In witness whereof we have hereunto interchangeably set our hands and seals, the day and year aforesaid.

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If the lease be for more than seven years, it should be acknowledged by the lessor, and recorded in the same manner as a warrantee deed.

(1.) If any money is paid down for the lease, say," in consideration of — dollars to me paid by the said R. S., and of the rents," &c., as before.

(2) The premises may be described as usual in deeds, as a "certain tract of land, situate in said E., containing forty acres, bounded," &c. ; or, "a certain dwellinghouse, situate in C. street, in said P., called the house," &c.

(3.) Here may be inserted an exception from the lease, as an

1154. Exception of timber trees.

Reserving to the said A. B. all timber and other trees standing or growing on said premises, with liberty to fell or lop and carry away the

same.

1155. Exception of ways.

And reserving to the said A. B. a drift way from the highway over the premises to any other lands now occupied or owned by said Å. B.; or, all ways leading through or over the said premises to any other lands now owned or occupied by the said A. B.

(4.) Or, for and during the natural life of the said R. S.
(5.) Here may be inserted any provisos or conditions, as,
1156. Proviso to terminate the lease by notice.

Provided, that if either party shall wish to terminate said lease, and thereof give notice in writing to the other, three months before the end of any year, then from the end of the same year this lease shall be void. 1157. Proviso: lease to be void for non-payment of rent.

Provided, that if the said yearly rent of forty dollars, or any part thereof, shall be unpaid for the space of forty days after either of the days whereon the same ought to be paid as aforesaid, then this lease shall be void.

1158. Proviso of re-entry for non-payment of rent, non-performance of covenants, and assignment without license.

Provided, that if the said rent, or any part thereof, shall be unpaid for the space of forty days after either of the days whereon the same ought to be paid aforesaid;

Ör: in case the said R. S. shall neglect or refuse to perform all his agreements herein contained;

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Or in case the said R. S. shall let or assign over the said premises, or any part thereof, to any person, without the consent of the said A. B. in writing, it shall be lawful for the said A. B., or his agent, to enter

upon the said premises, or any part thereof, and thenceforth the said lease shall be void.

(6.) Here may be inserted any other covenants on the part of the lessor: as, 1159. Covenant to pay half the expense of new walls, &c.

and that the said A. B. will pay one half the expense of erecting new stone walls, or other permanent fences on the premises.

1160. Covenant to deduct half the taxes from the rent.

and that the said A. B. will allow, out of the rent aforesaid, one half of the taxes which shall be assessed legally on the premises and paid by the said R. S.

1161. Covenant to permit winter grain to be harvested.

and that said R. S., in the harvest season next after the expiration of the said term, may reap and carry away the crop of winter grain by him sown, and then growing upon any part of said premises, not exceeding two acres.

(7.) Here may be inserted any other covenants on the part of the lessee: as,

1162. Covenant not to sell, &c., hay or fodder.

and will not sell or carry away, or permit to be sold or carried away from the said premises, any of the hay, straw or other fodder that shall grow thereon; but will consume the same with his cattle upon the premises, or leave the same for the use of the lessor.

1163. Covenant to use manure on the premises.

and will, at the proper season in every year during said term, use or spread upon the tillage lands of the same premises, where most requisite and proper for the improvement thereof, in an even and regular manner, all the manure, dung and compost which shall be made on the premises, except that made thereon the last year of said term, which shall be left in the yards and dánghills of the said premises, for the use of the said A. B.

1164. Covenant not to plant hemp, &c.

and will not plant or sow any hemp or mustard, or any rape for seed, on the said premises, or any part thereof.

1165. Covenant not to overstock pasture the last year.

and will not at any time in the last year of this lease, pasture or suffer to be pastured upon the said premises, or any part thereof, any larger stock of cattle than were usually pastured thereon in the two years next preceding.

1166. Covenant not to pasture grass fields.

and will, from the first day of October preceding the termination of this lease, keep uneaten all the fields and parcels of ground sown with grass seed in the last fifteen months of said term.

1167. Covenant to permit grass seed to be sown with grain last year. and will permit the said A. B. to sow with grass seeds all or any of the lands sown with grain within one year previous to the termination of

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