Page images
PDF
EPUB

and shall, with all convenient speed, proceed and
sail from and out of the said [river Thames] on a
and thence return to the said [river
voyage to
Thames,] within [thirty-six] calendar months, to be
accounted from the date hereof, and that without
deviation, (the dangers and casualties of the seas ex-
executors,
cepted,) and if the above bounden
or administrators, do and shall, within the space of
days next, after the arrival of the said ship
or vessel in the said [river Thames] from the said
intended voyage, or at the end and expiration of
[thirty-six] calendar months, to be accounted as
aforesaid, which of the said terms shall first and next
happen, well and truly pay, or cause to be paid, to
the above-named
executors, administrators, or
assigns, the sum of
pounds of good and law-
ful money of Great Britain, together with
pounds of the like lawful money for every calendar
month the said ship shall be out on the said voyage
over and above twenty calendar months, to the ex-
piration of [thirty-six] calendar months, to be ac-
counted as aforesaid, and so in proportion for a less
time than a month. Or if, in the said
within the said [thirty-six] calendar months, to be
accounted as aforesaid, an utter loss of the said ship
or vessel by fire, enemies, or any other casualty,
shall unavoidably happen, and the above bounden
executors, or administrators, do and shall,
within the space of
calendar months next after
such loss happening, well and truly pay and satisfy
executors, administrators, or as-

to the said

voyage,

and

signs, a just and proportionable average on all the
goods, merchandises, and effects, which the said
shall carry out on board the said ship or vessel, and
on all other the goods, merchandises, and effects
which
shall or may acquire during the said
voyage, and which shall not be unavoidably lost;
then this obligation to be void, otherwise to remain
hand and seal, &c.
Know all men by these presents, that I, [vendor's

Absolute bill in full force. Witness

of sale of a

ship.

[ocr errors]

name and addition,] for and in consideration of the sum of L. of lawful money of Great Britain, to me in hand at or before the ensealing and delivery of these presents by [purchaser's name and addition] well and truly paid, the receipt whereof I do hereby acknowledge, and to be therewith fully satisfied, have granted, bargained, sold, assigned, and set over, and by these presents do fully, freely, and absolutely grant, bargain, sell, assign, and set over unto the said [purchaser's name] all that the ship or vessel called now lying in the port of

[ocr errors]

together with all and singular the masts, sails, sailyards, anchors, cables, ropes, cords, guns, gunpowder, ammunition, small arms, tackle, apparel, boats, oars, and appurtenances whatsoever, to the said ship or vessel belonging, or in anywise appertaining, which said ship or vessel has been duly registered pursuant to an act of Parliament for that purpose, and a copy of the certificate of such registry is as follows:

Certificate of British Registry.

[ocr errors]

This is to certify, that, in pursuance of an act passed in the fourth year of the reign of King William the Fourth, intituled, An Act for the Registry of British Vessels, [here insert the names, occupation, and residence of the subscribing owners,] having made and subscribed the declaration required by the said act, and having declared that [he or they] together with [names, occupations, and residence of non-subscribing owners,] [is or are] sole owner or owners, in the proportions specified on the back hereof, of the ship or vessel called the [ship's name] of [place to which the vessel belongs,] which is of the burthen of [number of tons,] and whereof [master's name] is master, and that the said ship or vessel was [when and where built, or condemned as prize, referring to builder's certificate, judge's certificate, or certificate of last registry, then delivered up to be cancelled,] and [name and employment of

Y

surveying officer] having certified to us, that the said ship or vessel has [number] decks, and [number] masts, that her length, from the fore part of the main stem, to the after part of the stern post aloft, is [number of feet and inches,] her breadth at the broadest part [stating whether that be above or below the main wales] is [number of feet and inches,] her [height between decks, if more than one deck, or depth in the hold, if only one deck] is [number of feet and inches,] that she is [how rigged] rigged with a [standing or running] bowsprit, is [descrip tion of stern] sterned, [carvel or clincher] built, has [whether any or no] gallery, and [kind of head if any] head; and the said subscribing owners having consented and agreed to the above description, and having caused sufficient security to be given as is required by the said act, the said ship or vessel called the [name] has been duly registered at the port of [name of port.] Certified under our hands at the custom-house, in the said port of [name of port,] in the year

this

day of

[words at length.]

(Signed)

(Signed)

Indorsed.

[merged small][ocr errors][ocr errors][merged small]
[merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

To have and to hold the said ship or vessel, and all other the above bargained premises unto the said [purchaser's name,] his executors, administrators, and assigns, to his and their own use and uses, and as his

A

and their own proper goods and chattels from henceforth for ever. And I, the said [vendor's name,] do hereby for myself, my executors, and administrators, covenant, promise, and agree, to and with the said [purchaser's name.] his executors, administrators, and assigns, in manner following; that is to say, that, at the time of the ensealing and delivery hereof, I have in myself good right, full power, and lawful authority to grant, bargain, sell, assign, and set over the said hereby bargained premises unto the said [purchaser's name,] his executors, administrators, and assigns, in manner and form aforesaid. And that the said hereby bargained premises, and every part thereof, now are, and so from henceforth for ever shall be, remain, and continue unto the said [purchaser's name,] his executors, administrators, and assigns, free, and clear, and freely, and clearly acquitted and discharged of and from all former bargains, sales, gifts, grants, titles, debts, charges, and incumbrances whatsoever. And, further, that I, the said [vendor's name,] my executors and administrators, shall and will, from time to time, and at all times hereaf ter, at the requests, costs, and charges of the said [purchaser's name,] his executors, administrators, and assigns, make, do, and execute, or cause or procure to be made, done, and executed, all and every such further and other lawful and reasonable act and acts, deed and deeds, devices, conveyances, and assurances in the law whatsoever, for the further, better, and more effectually conveying, assigning, and assuring the hereby bargained premises, or any part thereof, unto the said [purchaser's name,] his executors, administrators, or assigns, as by him, them, any, or either of them, or by his, their, any, or either of their counsel in the law, shall be reasonably devised, advised, or required. In witness whereof, I have hereunto set my hand and seal the day of

[ocr errors]

in the year of our Lord 18 Signed, sealed, and delivered, in the presence of

}

Received on the day and year first above written of the above named [purchaser's name] the sum of being the consideration-money above menI say received.

L.

tioned. Witness.

OBSERVATIONS ON THE office, FUNCTIONS, AND
PRACTICE OF A NOTARY-PUBLIC.

A notary-public is a public officer of the civil and canon law, sworn, admitted, and enrolled in the Court of Faculties; and all instruments made by and before him notarially, and passed under his official seal, are called public or notarial instruments. His appointment to his office is by Faculty, granted by the Archbishop of Canterbury, who decrees, in such Faculty, "that full faith ought to be given, as well in judgment as thereout, to the instruments to be made by the notary so appointed, the oaths thereunder written having been first required of such notary, and by him taken." Notaries-public are, in several instances, necessarily created such for a restricted object only; such as to be enabled to practise as a "proctor in any ecclesiastical court, or as a secretary to a bishop, or for the purpose of holding or exercis ing any office or appointment, or occasionally performing any public duty or service under Government," in which instances their notarial functions are of a limited nature; but when they are admitted or created as general practitioners, and duly enrolled and certificated, they are qualified by their office to prepare conveyances of, or deeds relating to, real or personal estates; and the act 44th Geo. III., cap.98, sec. 14, which imposes a penalty of L.50 for each offence, upon any unqualified person drawing or prein favour of sergeants-at-law, barristers, solicitors, paring conveyances or deeds, contains an exception

attorneys, notaries, &c., who

may have obtained re

gular certificates. A considerable portion of the

[merged small][ocr errors][ocr errors]
[ocr errors]
« PreviousContinue »