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by the said James Dunn; and after payment of all the aforesaid debts, should there be any of the said tract of land remaining unsold, or any of the moneys arising from such sale, remaining in the hands of the said Abel Drew, or in the hands of his heirs, executors or administrators, over and above what is or may be necessary to answer the demands aforesaid, the said remaining lands, if any, shall be conveyed by the said Abel Drew, or by his legal representatives, in fee simple, to Enoch Drew, the son of the said Abel Drew, and if any moneys remain unappropriated, as aforesaid, the same shall be in like manner paid to the said Enoch Drew at the time of his attaining the age of twenty-one years.

In witness whereof the said James Dunn hath hereunto set his hand and seal, the day and year first above written. JAMES DUNN [SEAL.]

Signed, sealed, and delivered in presence of JOHN SHELL,

DAVID EDMUNDS.

A mortgage.

This indenture, made the tenth day of November, in the year of our Lord eighteen hundred and thirty-two, between Arthur Bear, of Henry county and state of Indiana, of the one part, and Caleb Dean, of Shelby.county and state aforesaid, of the other part, witnesseth, that whereas the said Arthur Bear, by a certain writing obligatory, under his hand and seal, bearing even date with these presents, stands indebted to the said Caleb Dean in the sum of six hundred dollars, lawful money of the United States, to be paid to the said Caleb Dean, or his certain attorney, his heirs, or assigns, on or before the first day of January in the year eighteen hundred and thirty-five; now the said Arthur Bear, as well in consideration of the said debt, and for the better securing of the payment thereof, as of the further sum of five dollars to him now in hand paid, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, conveyed, and confirmed, and doth by these presents grant, bar gain, sell, convey, and confirm unto the said Caleb Dean, his heirs and assigns forever, all that certain tract or parcel of land, lying and being in the county of Henry aforesaid, containing one hundred and sixty acres, now in the possession and occupancy of the said Arthur. bounded as follows, to wit. [describe the boundaries] together with all the rights, privileges, and appurtenances to the said premises belonging, and the reversions, remainders, and profits thereof, and all the estate, right, title, and claim of him the said Arthur Bear in and to the same; to have and to hold the premises aforesaid, with all their appurtenances, to the sole and only proper use, benefit and behoof of him the said Caleb Dean, his heirs and assigns forever: Provided, nevertheles, if the said Arthur Bear, his heirs, executors, or administrators, do well and truly pay, or cause to be paid to the said Caleb Dean, his executors, administrators, or assigns, the aforesaid debt of six hundred dollars within the time limited for the payment thereof, without any defalcation or further delay, then and from thenceforth, this indenture, and all the estate hereby granted, shall cease and be absolutely void and of none effect, any thing hereinbefore contained, to the contrary, notwithstanding; but in case of failure, on the part of the said Arthur, to make the payment aforesaid, then this indenture, and the estate hereby granted is to be and remain absolute and in full force and virtue in law.

In witness whereof the said Arthur Bear hath hereunto set his hand and seal the day and year above writ.

ARTHUR BEAR [SEAL.]

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A grant of a right of way.

This indenture, made the tenth day of November, in the year of our Lord eighteen hundred and thirty-two, between Henry Pope, of the town of Vincennes, in the state of Indiana, of the one part, and John Crum, of the same place, of the other part, witnesseth, that the said Henry Pope, for and in consideration of the sum of twen'ty dollars, to him in hand paid by the said John Crum, the receipt whereof he doth hereby acknowledge, hath

granted and confirmed, and doth by these presents grant and confirm unto the said John Crum, his heirs and assigns forever, the free and uninterrupted use, liberty and privilege of passing in and along a certain alley or passage of ten feet in breadth and one hundred feet in length, extending from Front street in the said town, along the north side of the present dwelling house and lot of the said Henry Pope; together with free ingress, egress, and regress, to and for the said John Crum, his heirs and assigns, and his and their tenants and possessors of the messuage of the said John Crum contiguous to the said alley, at all times and seasons forever hereafter, to pass into, along, and out of the said alley, in common with him the said Henry Pope, his heirs and assigns, tenants and occupiers of the present messuage and ground of the said Henry, adjacent to the said alley; to have and to hold all and singular the privileges aforesaid, to the only proper use, benefit, and behoof of him the said John Crum, his heirs and assigns forever, in common with him the said Henry Pope, and his heirs and assigns as aforesaid, subject, nevertheless, to a moiety or equal half of the expense which shall from time to time accrue, for keeping the said alley in repair. In witness whereof, the said Henry Pope hath hereunto set his hand and seal, the day and year above written.

Signed, sealed, and

delivered in presence of SAMUEL DEAN,

:

THOMAS BOND.

HENRY POPE [SEAL.]

A grant of privilege in a water course.

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This indenture, made this tenth day of November, in the year of our Lord eighteen hundred and thirty two, between Nathan King, of Clark county and state of Indiana, of the one part, and Peter King, of the same place, of the other part, witnesseth, that whereas the said Na-' than King and Peter King are respectively seized in fee of two contiguous tracts or parcels of land in Charlestown township in the county aforesaid; and whereas there is a rivulet or water course, with a dam and race erected and made thereon, within the lands of the said Nathan King, adjacent to the lands of the said Peter

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King, for the purpose of watering, overflowing, and im proving the meadow ground thereon. Now the said Nathan, for divers good causes and considerations, and especially for and in consideration of the sum of fifty dolPars, to him now in hand paid by the said Peter King, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, conveyed, and confirmed, and doth by these presents, grant, bargain, sell, convey, and confirm, to the said Peter King, his heirs and assigns, the use and privilege of all the water of the said rivulet, to be led and conveyed from the aforesaid dam along the race aforesaid, into the land of the said Peter King, for the space of three days in every week, to wit, from Wednesday evening at sun-set, to Saturday evening at sun-set, every week from the first day of April, to the first day of November, yearly and every year, for the purpose of watering, overflowing, and improving the meadow grounds of the said Peter King; together with free ingress, egress, and regress, to and for the said Peter King, his heirs and assigns, upon and along the banks of the said water course and dam, for the purpose of amending and repairing the same, with liberty and privilege, for that purpose, to dig and take stones and earth from the adjacent lands of the said Nathan King, when and as often as may be necessary, and to go, from time to time, as occasion may require, with servants and workmen, and also with horses, oxen, carts, and carriages, at all convenient times and seasons, through and upon the lands of the said Nathan King, his heirs and assigns for the purposes aforesaid. To have and to hold all the rights, privileges, and immunities hereby granted, to the only proper use, benefit, and behoof of the said Peter King, his heirs and assigns forever; he or they paying one moiety or equal half of the expenses which may, from time to time, accrue, in supporting, cleansing, and repairing the dam, and race, and water course aforesaid. In witness whereof, the said Nathan King hath hereunto set his hand and seal, the day and year first above writ ten. NATHAN KING [SEAL.]

Signed, sealed, and delivered in presence of ABEL COOLEY,

COLBERT SANDS,

INDENTURES.

Indentures are applicable to a great variety of subjects. Every compact, bargain, or covenant, under seal, where the paper or parchment on which it is written is indented or scolloped at the top, is an indenture; deeds of conveyance, leases, releases, surrenders, and agreements, when the paper is so indėnted or scolloped, are indentures; but the indentures noticed under this head are such only as relate to apprenticeship or service.

Indenture of a minor by and with the consent of his father.

This indenture, made the tenth day of November, in the year of our Lord eighteen hundred and thirty-two, between Caleb Man, of Washington county, and state of Indianna, of the one part, and Robert Pool, of the county aforesaid, of the other part, witnesseth, that the said Caleb Man, a minor aged sixteen years, by and with the consent of Peter Man, his father, hath put and placed, and doth by these presents put and place himself as an apprentice to the said Robert Pool, to learn the art, trade, and mystery of a house-joiner, which he the said Robert Pool now useth; and the said Caleb Man doth hereby covenant and agree to and with the said Robert Pool, that he the said Caleb will dwell with and serve the said Robert, as an apprentice, from the day of the date hereof, until the tenth day of November which will be in the year of our Lord eighteen hundred and thirtyseven, at which time the said apprentice if living, will be twenty-one years of age. During all which time the said apprentice shall and will faithfully serve his said master, keep his secrets, obey all his lawful commands, and shall do no damage to his said master, nor suffer any to be done by others, which it is in his power to prevent; he shall not play at any unlawful game, nor frequent tippling houses, or places of gaming, nor at any time absent himself from the service of his said master without his consent; but shall in all things behave himself as a good and faithful apprentice during the whole termaforesaid. And the said Robert Pool, on his part, doth covenant and agree to and with the said Caleb, that he will

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