« ForrigeFortsett »
said party of the second part, his heirs and assigns, to his and their own proper use and benefit, forever. In witness whereof, the said party of the first part hath hereunto caused their corporate seal to be affixed, and these presents to be subscribed by their president [or, secretary, or, as the case
presence of M. N. President of the Company.
Deed of Eechange of Lands.
This indenture, made, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, witnesseth : That the said A. B., in consideration of the conveyance hereinafter made to him by the said C. D., of lands of the value of at least one thousand dollars, and of the sum of five hundred dollars in cash, money in hand paid, to said A. B. by said C. D., hath given and granted, and by these presents doth give and grant, unto the said C. D., his heirs and assigns, all [description], with all and every of the appurtenances, said lands being of the value of at least one thousand five hundred dollars, in exchange of and for the lands hereinafter mentioned, of the said C. D., and for the additional consideration of money as above expressed:
To have and to hold the said premises, with the appurtenances,
to the said C. D., his heirs and assigns, forever. And the said A. B. doth covenant, &c. [Insert such covenants as may be necessary.] And the said C. D. hath likewise, on his part, given and granted, and by these presents doth give and grant, unto the said A. B., his heirs and assigns, all [description], with all and every of the appurtenances, said lands being of the value of at least two thousand dollars, in exchange of and for the premises first above described: To have and to hold the above granted premises, with the appurtenances, to the said A. B., his heirs and assigns, forever, as aforesaid. And the said C. D. doth covenant, &c. [as above].
In witness whereof, the said parties have hereunto set their hands and seals, &c.
Deed of Partition.
This indenture made, &c., between A. B., of, &c., of the one part, and C. D., of the other part, witnesseth : That, whereas, they the said A. B. and C. D., do have and hold in common, and as tenants in common, in equal parts, all, &c, it is covenanted, granted, concluded, and agreed, by and between the said parties; and each of them, covenants, grants, concludes and agrees, for himself, his heirs and assigns, that a partition of the saidlands and other premises be made in manner and form following, that is to say: %. The said A. B. shall, from henceforth, have, hold, ossess, and enjoy, in severalty by himself, and to him, and his i. and assigns, for his half part, property, share and proportion of the said lands and premises, all, &c. Together with all and singular, the hereditaments, and appurtenances thereunto belonging, and the reversion and reversions, remainder and rej rents, issues and profits thereof. And the said C. D., doth accordingly give, grant, release, and confirm unto the said A. B., his heirs and assigns, the lands and premises so as aforesaid set apart to the said A. B., as and for his part and share aforesaid; and, moreover, the said C. D., for himself, his heirs, executors and administrators, doth hereby covenant to and with the said A. B., his heirs and assigns, that he, the said A. B.; his heirs and assigns, shall, and may from time to time, and at all times hereafter, well and peaceably have, hold, and possess, and enjoy the lands and premises herein before assigned and conveyed to the said A. B., for his part and share, as aforesaid; free, clear, and discharged of and from all estate, rights, titles, interests, charges and encumbrances, whatsoever, had, made, caused, or suffered to be made, caused, or suffered, of or by the said C. D., or any person claiming-or to claim, by, from or under him, and without any let, trouble, suit, entry, disturbance, or interruption of the said C. D., his heirs, or assigns, or of any person or persons lawfully claiming, or to claim, by, from, or under him, them, or any of them. Second. The said C. D. shall, from henceforth, have, hold, ossess, and enjoy, in severalty by himself, &c. [proceed to set is share as above, and add the covenants]. In witness, &c.
For other forms of deeds, tax deeds, sheriff's deed, executor's deed, &c., &c., see the forms under those titles respectively.
ESTRAYS, LAWFUL FENCES AND ANIMALS TRESPASSING UPON PROPERTY. EST RAY S.
IN referring to the subjoined statute of 1856, and the amendments of the act of 1859, care must be taken to observe to which counties the original act applies, to which the act as amended applies, and which counties are exempt from the application of either statute.
The following is the statute concerning estrays, as applicable to the counties of Trinity, Tuolumne, Sacramento, and Santa Clara.'
SECTION 1. Every citizen, resident householder, in any county in this state, on finding any estray horse, mare, mule, jack or jenny, or any neat cattle, or any number of such animals, upon his farm or premises, who shall desire to take up the same, shall, at any time after the expiration of twenty days from the finding the same, if such animal or animals remain on his farm or premises, go before some justice of the peace of his township, or if there be no acting justice therein, then before some justice of a neighboring township, and make oath that he has made diligent inquiry throughout his neighborhood to ascertain the ownership of such estrays, and that he has also put up ten days previously, a written notice, in one or more of the most pubile places in his township, naming the place or places, setting forth all the information in his possession concerning the said animals, embracing a description of the marks and brands thereof, and that he was about to post the same. He shall also, at the same time, make oath that the marks and brands of said animals have not been altered since they came to his farm or premises, and that the owner or owners are unknown to him.
1 Wood's Dig. art. 2386–2398; Laws 1859, p. 149.
SEC. 2. At the time the taker up appears before the justice, as aforesaid, the justice shall appoint two disinterested appraisers, who are resident householders of the county, to appraise and describe such animal or animals. SEC. 3. The appraisers so appointed, if they are not already able to describe and appraise such estray, shall, as soon as practicable, proceed to view the same, and make out a detailed description thereof, stating the marks, brands, supposed age, color, stature, and value of each animal, which description and valuation shall be signed by the appraisers, and sworn to before the justice appointing them. SEC. 4. It shall be the duty of said justice immediately to record in a book, to be by him kept for that purpose, a statement of the taking up, as aforesaid, together with a description, as sworn to by the appraisers, and their appraisement. SEC. 5. The justice shall, within twenty days, if the estrays have not previously been claimed and proven by the true owner, make out and transmit a certified copy of the entry in his estray book, as aforesaid, to the county recorder of the county, which shall immediately be by him recorded in a book to be kept for that purpose. Said record, and also the justice's book, to be, at all proper times, subject to examination, by all persons making application, without charge or fee. SEC. 6. If the owner of any estray animal, posted as aforesaid, shall, within one year from the time the same was posted, appear and claim the same, he shall notify the taker up thereof, and the owner shall establish his claim to such animals, before some justice of the peace of the proper township, by such evidence as shall be satisfactory to the justice. In all cases, when the claimant shall make satisfactory proof of ownership, the justices shall make an order that he have restitution of the animal so proven, upon his paying the costs, and to the taker up, the expenses and costs that may be awarded him by the justice; provided, the justice shall not allow any expenses for keeping an estray which the taker up, or any one under his authority, may have worked, ridden, or used while in his possession. SEC. 7. If the owner of any lost or stray animal shall not appear and prove his property therein, within one year after the same is posted, he shall forfeit his right thereto, and the property in such animal shall be vested in the taker up, upon his paying into the county treasury the one-half appraised value thereof, as fixed by the appraisers, as aforesaid. SEC. 8. No person taking up any animal under this act shall sell, exchange, or dispose of the same in any manner, or remove the same from the county in which it was posted, until after the expiration of one year from the posting, and until he shall have paid the one-half appraised value into the county treasury. SEC. 9. If any estray animal die, or escape from the possession of the taker up, at any time before the expiration of one year from the taking up, he shall not be held liable, in any manner, on account of such animal. SEC. 10. In all cases where money has been paid into the county treasury, pursuant to the seventh section of this act, the same shall be kept in separate account by the treasurer, and safely held in trust for the space of six months after it is so paid in, to be paid over to the true owner of the estray, upon such owner, within the said time, producing to the treasurer the certificate of the proper justice, setting forth that said owner had made satis. factory proof of ownership within the six months, as aforesaid, by a like proceeding as provided for in the sixth section of this act, the treasurer retaining out of said money his own percentage. SEC. 11. All moneys paid into the county treasury under the provisions of this act, if not legally withdrawn, as above provided, shall become a part, and belong to the county school fund, and be drawn from the county treasury on the warrant of the county superintendent, and shall be exclusively appropriated to the county school fund, and for no other purpose. SEC. 12. The owner of any estray animal which has been legally taken up, or for the taking up of which proceedings have been commenced under this act, knowing the same to have been posted, shall not be permitted to take, lead, or drive the same from the premises or possession of the person legally possessed thereof, until proven and the charges paid; and any person, knowingly and wilfully violating the provisions of this section, shall be subject to all the penalties that he would be subject to under the statute law; provided, he had no claim to said animal. SEc. 13. If any person shall take into use, or in any manner dispose of, any lost or estray animal, which may be found upon