Графични страници
PDF файл
ePub

party of the first part agrees to sell and deliver to the said party of the second part at his Store in , on or before the fourteenth day of September next, two hundred bushels of wheat to weigh sixty pounds to the bushel, warranted to be good and merchantable. And the said party of the second part agrees to pay the said party of the first part, five shillings per bushel weighing sixty pounds as aforesaid, making the sum of fifty pounds, lawful money of Canada, payable on the delivery of the said two hundred bushels of wheat.

IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and affixed their seals, this twenty-first day of April, in the year of our Lord one thousand eight hundred and fifty-four.

[blocks in formation]

, in the

THIS CONTRACT, made this first day of May, in the year of our Lord one thousand eight hundred and fifty-four, by and between Lewis Richards, of the Town of , in the County of of the Province of Canada, merchant, of the first part; and Thomas Hall Jones, of the City of County of , of the said Province, builder, of the second part, WITNESSETH: That the said party of the second part, hath for and in consideration of five shillings, to him in hand paid, the receipt whereof is hereby acknowledged and confessed, and for the considerations hereinafter mentioned, doth covenant, promise, and agree, to and with the said party of the first part, that he the said party of the second part, will, within the space of six months from the date hereof, in good and workman like manner, and according to the best of his art and skill, well and substantially erect, build, set up, and finish, one house or messuage, at of the dimensions following, viz : said house is to be built with such timber, brick, or stone, and other materials, as the said party of the first part shall furnish, forthwith.

[ocr errors]

IN CONSIDERATION WHEREOF, the said party of the first part, doth covenant and promise to and with the said party of the second part, to pay or cause to be paid, unto the said party of the second part, the sum of two hundred and fifty pounds, lawful money of Canada, in manner following, to Wit:-Seventy-five pounds, when the work shall be commenced, one hundred pounds, on the first day of August next, (provided the house shall at that time be at least two-thirds finished) and the remaining seventy-five pounds, when the whole work shall be completely done and

15

finished;

finished: And for the fulfilment of all the promises and covenants aforesaid, by each of the parties, they respectively bind their legal representatives as well as themselves.

IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and affixed their seals, the day and year first above written.

[blocks in formation]

of

H. M. JOHNSTON.

ASSIGNMENT OF A DEBT OR BOND.

of the

KNOW ALL MEN BY THESE PRESENTS: That I, Henry Shaw, of the City of in the County of Province of Canada, trader, of the first part; in consideration of twenty-five pounds, lawful money of Canada, to me in hand paid by Lewis Richards, of the Town of , in the County , of the said Province, merchant, of the second part, the receipt whereof is hereby acknowledged, I the said party of the first part, Do hereby grant, sell and assign, to the said party of the second part, a certain debt due me from Stephen Piper, of the Town of , for goods sold, and delivered; (or, if a bond, "a certain bond; dated the made to me, by Charles Henry for fifty pounds, conditioned, for the payment of thirty eight pounds") with full power to collect, and discharge or dispose of the same, in my name, at his pleasure, at his own expense and risk. AND I do hereby Covenant, that said debt is JUSTLY due, and that I have not done and will not do any act by which the collection thereof may be hindered or prevented.

[ocr errors]

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, this ninth day of June, in the year of our Lord one thousand eight hundred and fifty-four.

[blocks in formation]

KNOW ALL MEN BY THESE PRESENTS: That I, Henry Shaw, of

the City of

District of

[ocr errors]

in the County of

and

of the Province of Canada, trader, of

the first part; the within named, in consideration of pounds shillings, to me in hand paid by Lewis Richards,

of the Town of

16

, in the County of

[ocr errors]

and District

District of of the said Province, merchant, of the second part, the receipt whereof I, the said party of the first part, do hereby acknowledge, have granted and assigned to the said party of the second part, the judgment within mentioned, with full power to recover the same, for his own use at his own risk and expense. (If a mortgage, say, "I the said party of the first part, do hereby grant and assign to the said party of the second part, the within mortgage, the debt thereby secured, and all my right to the premises thereby conveyed.") (If a lease, then say, "I the said party of the first part, do hereby grant and assign to him, the said party of the second part, the lease within written; and do hereby covenant, that I the said party of the first part have not done, and will not do any act, by which said lease may be impaired.").

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, this tenth day of June, in the year of our Lord one thousand eight hundred and fifty-four. Signed, Sealed and Delivered, in presence of

EBEN TOWN,

H. SHAW.

[Seal.]

JOHN S. LOW.

ASSIGNMENT OF A MAN'S WHOLE ESTATE, TO HIS CREDITORS.

THIS ASSIGNMENT, made this twelfth day of April, in the year of our Lord one thousand eight hundred and fifty-four, by Mr. John Thomas Town, of the City and District of Montreal, of the Province of Canada, merchant, of the first part; and Messrs. Holdham and Company, herein acted for by Seth Thompson, one of the said firm, Abel Heming & Co., represented by James Henry assignee to the Bankrupt Estate of the said Abel Heming & Co., Peter Mulholland & Co., represented by Peter Mulhol land, William Hazelton, H. & M. Roberts represented by Henry Roberts, Williams & Dexter acted for by Charles Dole, Elias Holmes Grant, acting for W. & E. H. Grant, Henry Jodoin &. Co., represented by Charles Smith, one of the said firm, and Styles Holmes, all of the City of Montreal, of the said Province, merchants, of the second part, WHEREAS: The said John Tho. mas Town, stands indebted to his said Creditors, parties to these presents, in several sums of money; And whereas the said John Thomas Town, is possessed of and entitled unto several goods in trade, wares and merchandizes, and there are divers debts and sums of money due and owing unto the said John Thomas Town, from sundry persons: And whereas the said J. T. Town, having met with great, losses and misfortunes in his business, and having offered and proposed to his said Creditors, who are parties to these presents, to assign, convey, and make-over for their use and benefit,

17

benefit, the said several goods in trade, wares and merchandizes, and the said debts or sums of money, and all other the goods, chattels, debts, Estate and effects, whatsoever; which he the said J. T. Town, is possessed of or entitled unto, in manner hereinafter mentioned and declared. And the said Creditors, parties hereto, considering the present circumstances and situa. tion of the affairs of the said J. T. Town, and to prevent as much as may be the diminishing their estate, in pursuing rigorous means for the recovery of their said debts, have accepted, and do hereby agree to accept of his said offer, And propose, subject nevertheless to the provisos and agreements hereinafter mentioned: Now THESE PRESENTS WITNESS: That the said John Thomas Town, has by and with the consent and at the nomination of the said several Creditors, parties hereto, assigned, transferred and made-over, unto the said Seth Thompson and Henry Roberts, their executors, administrators and assigns, All and Singular the said goods in trade, wares, merchandizes and debts, and all notes, books and papers of account, and other writings, touching and concerning the same, or any part thereof and also all other the goods, chattels, wares and merchandizes, monies, debts, effects and Estate of him the said J. T. Town, whatsoever, or in, or to, which he is in any-way interested or entitled: TO HAVE AND TO HOLD, receive and enjoy; all and singular the said goods in trade, wares and merchandizes, debts or sums of money and all other the premises, by these presents mentioned or intended to be assigned and transferred, unto the said Seth Thompson and H. Roberts, their executors, administrators and assigns, as for their own proper goods, monies and Estate, upon trust, and to and for the intents and purposes, hereinafter mentioned and declared concerning the same; that is to say, upon this special trust and confidence, that they the said S. Thompson and Henry Roberts, their executors, administrators and assigns, do and shall as soon as taken possession of, Divide the said goods in trade, wares and merchandizes amongst the said creditors, their heirs or assigns, and do and shall, by such lawful ways and means as they the said S. Thompson and Henry Roberts, their executors or administrators, in their discretion shall think fit, get in and receive the several debts or sums of money, and all other the premises hereby assigned or mentioned, or intended so to be: AND upon this further trust, that the said S. Thompson and H. Roberts, their executors, administrators, or assigns, do and shall divide and pay all the clear monies which shall be raised or recovered of the debts or sums of money, and premises hereby mentioned and intended to be assigned, unto and amongst the said several Creditors of the said J. T. Town, party hereunto; who shall have executed these presents, or who shall hereafter ratify and confirm the same, towards satisfaction of their several and respective debts, proportionally and according

to a pound rate of such debts, so far as the same assigned premises, or the produce thereof; will extend to satisfy, after a deduction of the charegs and expenses of or in the selling, disposing of, recovering and getting in of the same or any part thereof. AND THIS ASSIGNment, further WITNESSETH: That the said several Creditors of the said J. T. Town, parties to these presents, for divers good causes and considerations them thereunto moving, have for themselves severally, and for their several and respective partners and assigns, remised, released, and forever quitted claim, and by these presents do, and each and every quit claim, unto the said John Thomas Town, his heirs, executors, administrators and assigns, and every of them, all and all manner of action and actions, cause and causes of action, suits, debts, sum and sums of money, claims and demands, whatsoever which against him the said J. T. Town, they the said Creditors, parties to these presents, or their several and res, pective partners, executors, adininistrators, and assigns, or any of them now have or ever had, or are entitled unto, or shall or may at any time or times hereafter have, claim, challenge or demand against the said J. T. Town, or his executors, or administrators up to this day, the assignment hereby made, and the several trusts, agreements, covenants, provisos, matters and things herein contained, afore-prised and accepted. PROVIDED ALSO, and it is hereby expressly agreed by and between the said parties to these presents, that the said J. T. Town, shall be allowed the sum of five pounds, per cent, out of his estate hereby assigned, which shall be paid him by the said S. Thompson and H. Roberts, their executors, administrators or their assignees, or assigns, in wares, goods and merchandizes, out of the said Estate, anything hereinbefore contained, to the contrary thereof in anywise notwithstanding: Provided also, and it is hereby further agreed by and between the said parties to these presents that it shall and may be lawful to and for the said S. Thompson and H. Roberts, their executors, administrators and assigns, to pay and discharge out of the said trust Estate hereby assigned, all such sum or sums of money as now is and are and will be due for the rent and taxes of the store at present occupied by the said J. T. Town, in (here name the street) of the said City of Montreal, and belonging to Hiram Tanklin, gentleman, of the City of Montreal, and keep the said J. T. Town harmless and discharged from all liabilities towards the said Hiram Tanklin, and also pay and discharge the sum of seventy-nine pounds, currency, due by the said J. T. Town, to Charles Jackson, of the City of Rochester, in the State of New-York, one of the United States of America, and prevent the said J. T. Town, from being molested or troubled by the said Charles Jackson, on account of the said sum of seventy nine pounds, currency:

PROVIDED ALSO, and it is hereby mutually covenanted, declared

« ПредишнаНапред »