Page images
PDF
EPUB

set their hands to said contract, in duplicate, at Bodie aforesaid, this second day of January, A. D. 1880.

JOHN OAKS,

JAMES HOOD,

Parties of the first part.

THOS. BUCKLEY,

JOHN C. TURNER,

WM. IRWIN,

GEO. H. WINTERBURN,
Parties of the second part.

Witnesses: A. C. RICHARDSON, JOHN A. CALDWELL.

The foregoing agreements are intended as outlines of contracts only, for each particular agreement must have its own parties, subject of contract, dates, etc., and must be drawn according to the terms agreed upon between the parties to such contract.

Form 65.-Particular Assignments.

For value received I hereby sell, assign, transfer and set over to Louis P. Wardle, all my right, title and interest in and to the within instrument.

Virginia City, Nevada, Jan. 3, 1880.

THOS. GRACEY.

Form 66.-General Assignment of a Mortgage.

[BANCROFT'S BLANK, No. 102.]

For and in consideration of the sum of one thousand dollars to me in hand paid by Louis Kramer, the receipt whereof is hereby acknowledged, I do hereby sell, assign, transfer and set over to the said Louis Kramer, the within indenture of mortgage together with the note to secure the payment of which said mortgage was given, and I do hereby authorize the said Kramer, his heirs, executors, administrators and assigns to collect and obtain payment of the same at his, or their own expense and cost; covenanting with the said Kramer and his assigns that there is now due and unpaid on said note and mortgage the sum of eleven hundred dollars in gold coin; that I am the owner thereof and have good right to sell the same.

*

ROBERT H. TAYLOR.

City of Virginia, Storey County, Nevada, Jan. 2, 1880.

Form 67.-Of a Mortgage as Security.

For and in consideration of the sum of five hundred dollars to me in hand paid by Daniel H. Fraser, the receipt of which is hereby acknowledged, I, Ham Dyer, do hereby sell, assign, transfer and set over to the said D. H. Fraser [and as follows to the above, after which, continue as follows:]

This assignment is upon the express condition that, if the said Ham Dyer, his heirs, executors, administrators or assigns, shall well and truly pay, or cause to be paid, to the said D. H. Fraser the sum of five hundred dollars in gold coin, on or before the first day of June, A. D. 1880, together with interest thereon at the rate of one per cent. per month from the date thereof, then this assignment shall be void; but otherwise it shall be and remain in full force and effect.

In witness whereof, we have hereunto set our hands and seals at Virginia City, Nevada, this third day of January, A. D. 1880.

Witnesses: J. C. CURRIE, JOHN K. BROWN.

D. H. FRASER,

HAM DYER.

Form 68.-Assignment for the Benefit of Creditors. Know all men by these presents, that we, John Millson and Wm. Speer, doing business in the city of Virginia, county of Storey and State of Nevada, under the firm name of Wm. Speer & Co., for value received, do hereby grant, bargain, sell and convey to Dan Lyons, of the same place, all of the accounts, debts, dues, notes, bills, bonds and demands, goods, wares and merchandise, named and specified in the schedule marked "Schedule A," signed by our firm name and annexed hereto, to have and to hold the same, to him, the said Dan Lyons and to his assigns, in trust only, and to collect, sue for, demand, receive and recover, all such sums of money as may be due, owing and payable thereon; and selling said goods, wares, and merchandise at private or public sale, or both, as to him and our creditors may seem best; and, after paying all reasonable and proper costs, charges and expenses out of the proceeds thereof, to pay to each and all of our creditors the full sum that may be due and owing by us to them, of which creditors a complete list, together with the true amount of our indebtedness to them severally, is shown in the schedule signed by our firm name and marked "Schedule B," and annexed

hereto; and, if the proceeds of said notes, accounts, goods, wares, merchandise, etc., shall not be sufficient fully to pay all and every of our said creditors, then to pay them pro rata in proportion to the amount due and owing to each of them: but if the proceeds thereof shall be more than sufficient to satisfy and pay all our indebtedness to our said creditors, then the said Lyons is to pay and return to us the balance, if any should be left, after paying our creditors aforesaid.

And we do hereby nominate, constitute and appoint the said Dan. Lyons our true and lawful attorney, irrevocable by us or either of us, in the name of our said firm, and for every purpose connected therewith; to ask, demand, sue for, collect, receive, and recover, all and singular such sum or sums of money as now are, or may hereafter become due, upon, for, or on account of any of the property, effects, choses, or things in action, or demands above assigned; giving and granting unto our said attorney full power and authority to do and perform every act, deed and thing, requisite and necessary in the premises, as fully to all intents and purposes as we or either of us, might or could do, if this assignment had not been made; with full power of substitution and revocation, hereby ratifying and confirming all that our said attorney or his substitute may lawfully do or cause to be done in the premises by virtue hereof.

In witness whereof we have hereunto set our hands at Virginia City aforesaid this third day of January, A. D. 1880.

WM. SPEER & CO.,

Comprised of

JOHN MILLSON,
WM. SPEER.

Witnesses: M. BANNER, A. BLOCK.

Form 69.-Receipts.

Town or city and date.

Received of John Jones forty dollars, in full of all demands

to date.

Received of Date, etc.

LOUIS P. WARDLE.

dollars, on account.

Received of John Jones sixty dollars, payment in full for a bay horse, sold to James Thornton on October 7, 1879.

Virginia, Nev., Dec. 31, 1879.

C. P. MASON.

A receipt like the above is as good as a bill of sale of the personal property described.

Received of John Jones the sum of seventy dollars, in full and complete satisfaction of his indebtedness to me in the sum of one hundred and thirty dollars, and of all his indebtedness to me to date.

Tuscarora, Nevada, Jan. 2, 1880.

HORACE BLISS.

RECEIPT FOR AND ASSIGNMENT OF WAGES.

Received of Wm. Hoskins the sum of one hundred dollars, in full of my account against the Ophir Mining Company in the city of Virginia, Storey County, Nevada, for my labor for said Company and my wages due and to become due therefrom for and during the month of January, A. D. 1880, and I do hereby request the said Company to pay the amount which may be due me on the next pay-day of said Company, to wit, on February 3, 1880, for my labor during the present month to the said Wm. Hoskins, and charge the same to my account.

Virginia City, Nevada, Jan. 7, 1880.

JAMES MARKHAM.

The mining companies will not accept such an order, but it is good between the parties thereto, and the secretaries will generally take them on pay-day, and pay the amount, in coin, to the party from whom he received it. A receipt in the foregoing form is as good an assignment of wages due and to become due as a more formal instrument.

CHAPTER VIII.

LIENS, MORTGAGES, DEEDS AND LEASES.

A lien is a charge upon certain property, which is made security for some act performed or to be performed.

Form 70.-Miner's Lien [for Nevada.]

[blocks in formation]

Notice is hereby given, to all whom it may concern: That I, J. T. Greenhood, a miner by occupation, do hereby file my lien with the County Recorder of Storey County, State of Nevada, for record, and that it is my intention thereby to claim and hold a lien upon that certain land, mine and mining claim situated at in Virginia Mining District, County and State aforesaid, and more particularly bounded and described as follows, to wit:

[ocr errors]

[Here set out the surface-boundaries of the mining claim, with as much precision as possible, so that it may easily be identified.]

which mining claim is commonly known as and called the "

"mining claim, and is reputed to belong to the abovenamed- Gold and Silver Mining Company, a reputed corporation; and against so much of the land about the said mine and mining claim as may be necessary for the convenient use and occupation of said mine; and also against the appurtenances of and in anywise appertaining to said mine, under and by virtue of the provisions of an Act of the Legislature of the State of Nevada, entitled "An Act to Secure Liens to Mechanics and others and to Repeal all other Acts in relation thereto," approved March 2, A. D. 1875; to secure to me the payment of a balance due me, in gold coin, in the sum of one hundred and seventy dollars, after deducting all just and proper credits and offsets, for work and labor done and performed by me as a miner

« PreviousContinue »