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The formal, legal-looking document which we today call an indenture gives us no hint of its humble origin, but the word when analyzed by the technique of philology tells the whole story, and throws much light upon the legal practices of our forbears. Having discovered one such valuable fact in philology, the student of law may be led to investigate the science still further and find many more.
A master is liable to pay for necessaries for his apprentice, and for medical attendance, but he is not so liable in the case of a hired servant. When an apprentice becomes immoral and disobedient, an investigation of the matter may be had by the proper authorities; and for good cause the indenture may be annulled, and the parties discharged from their obligations.
Wood, was referred to your Majesty's then Attorney and Solicitor-general of England, to consider and report their opinion to your Majesty; Sir Isaac Newton, as the Committee is informed was consulted in all the steps of settling and adjusting the terms and conditions of the patent; and after mature deliberation, your Majesty's warrant was signed, directing an indenture in such manner as is practised in your Majesty's mint in the Tower of London, for the coining of gold and silver moneys, to pass the Great Seal of Great Britain, which was carried through all the usual forms and offices without haste or precipitation, That the Committee cannot discover the least pretence to say, this patent was passed or obtained in a clandestine or unprecedented manner, unless it is to be understood, that your Majesty's granting a liberty of coining copper money for Ireland, under the Great Seal of Great Britain, without referring the consideration thereof to the principal officers of Ireland, is the grievance and mischief complained of.
I crawled up the ladder to the bridge feebly, for I was becoming stiff from the bruises of the fall from my horse. Anderson received me coldly, and listened indifferently to my thanks. An agreement such as ours hardly prepared me for his loyalty. "Oh, as to that," he interrupted, "when I make a bargain my word is my bond. On this occasion I am inclined to think the indenture will be a final one."
They went to school in the winter and worked on the farm in the summer, like all farmers' boys. Reuben, the oldest, was eighteen when Draxy was ten; he was hired, by a sort of indenture, for three years, on a neighboring farm, and came home only on alternate Sundays. Jamie, and Sam, and Lawton were at home; young as they were, they did men's service in many ways.
"Listen, then, young man, I mean that the divine spirit of poesy dwells here that nothing, therefore, is dull or wearisome about this mansion that all is lively and inspiring. Trust me, my dear young friend, it was copying that miserable deed which put you to sleep, and I can easily understand how that happened. The said indenture was written by the within." And Mr.
Ransom H. Gillett, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said sachems, chiefs and warriors, on behalf of the said Tuscarora Nation, did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows, did agree to purchase all the right, title and claim of the Tuscarora Nation of, in and to the tract, piece or parcel of land mentioned and described in the instrument of writing next hereafter set forth, and at the price or sum therein specified as the consideration or purchase money for such sale and release; which instrument being read and explained to the said parties, and mutually agreed to, was signed and sealed by the contracting parties, and is in the words following: This indenture, made this fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, between the sachems, chiefs and warriors of the Tuscarora Nation of Indians, duly assembled in council, and acting for and on behalf of the said Tuscarora Nation, of the first part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, of the second part, witnesseth: That the said sachems, chiefs and warriors of the Tuscarora Nation, in consideration of the sum of nine thousand six hundred dollars to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, all that tract or parcel of land situated, lying and being in the county of Niagara, and State of New York, commonly called and known by the name of the Tuscarora Reservation, or Seneca grant, containing nineteen hundred and twenty acres, be the same more or less, being thelands in their occupancy, and not included in the land conveyed to them by Henry Dearborn, together with all and singular the rights, privileges, hereditaments and appurtenances to the said tract or parcel of land belonging or appertaining, and all the estate, right, title, interest, claim and demand of the said party of the first part, and of the said Tuscarora Nation of Indians of, in and to the same, and to every part and parcel thereof; to have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, and their heirs and assigns, to their proper use and behalf forever, as joint tenants and not as tenants in common.
Bundles of letters tied with thin red tape, letters loose, letters unopened; parchment deeds with the seals and signature just visible; deeds with the top and the words, 'This indenture, alone glowing out from the confusion; deeds neatly folded; broad manuscript briefs; papers fastened with brass fasteners; papers hastily pinned together; old newspapers marked and underlined in red ink; a large sectional map, half unrolled and hanging over the edge; a small deed-box, the lid open, and full of blue paper in oblong strips; a tall porcupine-quill pen sticking up like a spire; pocket-books; books open; books with half a dozen papers in them for markers; altogether an utter chaos.
These he had decided not to deposit with a lawyer, for the reason that he would hasten matters, as well as save expense, by himself framing and fair-copying the necessary deeds of indenture; and since he was thoroughly acquainted with the necessary terminology, he proceeded to inscribe in large characters the date, and then in smaller ones, his name and rank.
Freewomen are called free sisters, but cannot transmit their freedom, which is, moreover, suspended during coverture. Freedom by service is acquired by a seven years' apprenticeship to a freeman or freewoman, the indenture being enrolled at the Chamberlain's office within twelve months of its execution.
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