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tioned or intended so to be, unto the said C D, his exeeutors, administrators and assigns, in manner aforesaid: And also that it shall and may be lawful to and for the said C D, his executors, administrators and assigns, from time to time, and at all times hereafter, quietly and peacebly to have, hold, possess and enjoy the said fourth part of the said ship, and all other the premises hereby granted, or mentioned or intended so to be, without the let, trouble, denial, molestation, hindrance or disturbance whatsoever, of him the said B F, his executors, administrators or assigns, or of any other person or persons whomsoever, lawfully claiming or to claim by, from or under him, them, or any of them; and that freed and discharged of and from all former and other bargains, sales and incumbrances made, done or committed by him the said B F, or any other person or persons, by his order, consent, privity or procurement. In witness, We.

DEEDS.

PRACTICAL REMARKS.

A deed, is a writing, sealed and delivered, to testify the agreement of the parties, to the thing, contained in the deed.

All writings, sealed and delivered, are in law deeds; but in common acceptation, a deed, is a conveyance, of fands; and under this head therefore, will be given, the conveyances in ordinary use.

The ease, with which property may be acquired, in this country, and the difficulties, which our laws, have cast in the way, of tying up estates, in families, have much simplified the modes of transfer here.

Among the great variety of conveyances, in the English books of precedents, very few, are found of use with

us.

The conveyance generally used, is the English Bargain and Sale, which may be with, or without covenants. If it contains full covenants, and a general warranty, it is then termed in the country, a warranty deed; If it is without covenants, it is called a quit claim deed.

A conveyance to be good, must be signed, sealed, and delivered, by the grantor, and if a married woman residing in the state, it must also be acknowledged by her, before a proper officer.

The acknowledgement of deeds by the grantor, and the proof of them by the witnesses, for lands in this state,may be taken before a judge of the Supreme court of the United States a judge of the Supreme or Superior court of any state or territory-a judge of the Supreme court-or of any court of Common Pleas in this state-a Master in Chancery in this state-the Mayor or Recorder of NewYork, Albany or Hudson-or the Mayor of Schenectady.

H

Acknowledgement of a Deed by Husband and Wife when known to the Officer.

BE

day of

E it remembered that on the in the year came before me one of the justices of the Supreme court of the State of New-York, the within named A B and C his wife, known to me to be the per sons described in, and who have executed the within deed, and acknowledged that they severally signed, seal.ed and delivered the said deed for the uses and purposes therein mentioned; and the said C being by me privately examined, apart from her said husband, acknowledged that she executed the said deed freely, without any fear or compulsion of her said husband: all which I do accordingly certify, according to the statute in such case made and provided.

Acknowledgement when the parties are not known to the Officer.

B

OE it remembered that on the, &c. came before me, &c. the within named A B and C his wife, and also CD of, &c. and the said C D being by me examined on oath, declared that he knew the said A B and C his wife, to be the persons described in, and who executed the within deed, which is to me satisfactory evidence that the said A B and C his wife, thus appearing before me, are such persons as aforesaid, and thereupon the said A B and C his wife, acknowledged &c. as above.

Proof of a Deed when the Witness is known to the

B

Officer.

E it remembered that on the, &c. came before me, &c. A B, one of the subscribing witnesses to the within deed, to me known, who being duly sworn says, that he saw the within named C D, sign, seal and deliver the said deed for the uses and purposes therein mentioned, and that he knew the said C D to be the person described in the said deed, which is to me satisfactory evidence of

the said fact: and the said A B further on his oath aforesaid says, that he, at the time of the execution of the said deed, signed his name thereto as a witness; Ail which I certify according to the statute in such case made and provided.

Proof of a Deed when the Witness is not known to the Officer.

BE

E it remembered that on, &c. came before me, &c. A B, one of the subscribing witnesses to the within deed, and C D of, &c. who being duly sworn depose; and first the said C D says, that he knows the said A B, and that he is a subscribing witness to the said deed, which is to me satisfactory evidence that the said A B is such person: and thereupon the said A B says that he saw, &c. as above.

T

A Deed without Covenants.

day of

in the

HIS Indenture, made the year of our Lord one thousand between A B of &c. of the first part, and CD of &c. of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of fifty dollars to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged; hath bargained and sold; and by these presents, doth bargain and sell, unto the said party of the second part, and to his heirs and assigns forever, all &c. [Here describe the property.] Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim or demand whatsoever of him the said party of the first part, either in law or equity of, in and to the above bargained premises, and every part and parcel thereof; To have and to hold to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. In witness, Te.

K

Quit Claim Deed.

NOW all men by these presents that we A B of, &c. and C the wife of the said A, in consideration of the sum of to us in hand paid by D E of &c. the receipt whereof we do hereby acknowledge, have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit claim, unto the said D E, and to his heirs and assigns forever, all our and each of our right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of,in and to all that certain farm or piece of land, situate, &c. (describing it) with all and singular, the hereditaments and appurtenances thereunto belonging. In witness whereof we have hereunto set our hands and seals, this

day of in the year

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Deed with Covenants against the grantor only.

T

HIS indenture made this &c. between A B of

of the one part and C ́D of of the other part, Witnesseth; That the said A B, in consideration of to him in hand paid by the said C D, the rec eipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release and confirm unto the said C D, and to his heirs and assigns forever, all

To

gether with all and singular the hereditaments and appur tenances whatsoever to the same belonging or appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and every part and parcel thereof, and also all the estate, right, title, interest, trust, property, claim and demand whatsoever, both at law and in equity, of the said A B, in, to or out of the said lands, tenements, hereditaments and premises; To have and to hold the said lands, tenements and hereditaments, and all and singular other the premises herein before mentioned, with their appurtenances, unto the said C D, his heirs and assigns, and to his and their only proper use and behoof.

Cov.for quiet And the said A B doth hereby, for himself, enjoyment a- his heirs, executors and administrators, cov gainst grantor. enant promise and agree, to and with the said

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