indenture

A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar interests. Its name comes from a practice of indenting or scolloping such an instrument on the top or side in a waving line. This is not necessary in England at the present day, by St. 8 & 9 Vict. c. 106, § 5, but was in Lord Coke's time, when no words of indenture would supply its place. 6 Coke, 20. In this country it is a mere formal act, not necessary to the deed's being an indenture. See Bac. Abr. "Leases" (E 2); Comyn, Dig. "Fait" (C, and note d); Litt. § 370; Co. Litt. 143 b, 229 a; Cruise, Dig. tit. 32, c. 1, § 24; 2 Sharswood, Bl. Comm. 294; 2 Washb. Real Prop. 587 et seq.; 1 Steph. Comm. 447. The ancient practice was to deliver as many copies of an instrument as there were parties to it. And as early as King John it became customary to write the copies on the same parchment, with the word chirographum, or some other word, written between them, and then to cut them apart through such word, leaving part of each letter on either side the line, which was at first straight, afterwards indented or notched. 1 Reeve, Hist. Eng. Law, 89; Du Cange; 2 Washb. Real Prop. 587 et seq. See "Indent."

A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar Interests. Its name comes from a practice of indenting or scalloping such an instrument on the top or side In a waving line. This is not necessary in England at the present day, by stat. 8 & 9 Vic. c. 106, § 5, but was in Lord Coke’s time, when no words of indenture would supply its place; 5 Co. 20. In this a country it Is a mere formal act, not necessary to the deed’s being an Indenture. See 143 5, 229 a; Cruise, Dig. t. 82, c. 1, s. 24; 2 Bla. Com, 294; 1 Steph. Com. 447. For the method used, see Indent; Deed Poix. The form now in use, ‘’this indenture, made between A. and B.,” was used as early as Edward HI. 3 Holdsw. Hist E. L. 193.

A deed to which two or more persons are parties, and in which these enter into reciprocal and corresponding grants or obligations towards each other; whereas a deed-poll is properly one in which only the party making it executes it or binds himself by it as a deed, though the grantors or grantees therein may be several in number. 3 Washb. Real Prop. 311; Scott v. Mills, 10 N. Y. St. Rep. 358; Bowen v. Beck, 94 N. Y. 89, 46 Am. Rep. 124; Hopewell Tpv. Am-well Tp., 6 N. J. Law, 175. See Indent, v.

— Indenture of apprenticeship. A contract in two parts, by which a person, generally a minor, is bound to serve another in his trade, art, or occupation for a stated time, on condition of being instructed in the same.

In old conveyancing, a writing containing a conveyance, by cutting (through words, as the word chirographum, written along the line of division), in a serrated line; in modern conveyancing, a deed of conveyance, expressed to be made between parties, or a deed of conveyance indented or cut at the top in a serrated or waving line; a contract in two parts in which a person is bound to serve another in his trade or occupation on condition of being instructed in the sama

! a deed: a writing sealed and delivered.* A deed inter partes, or a mutual deed.6 Named from being indented or cut on the toj) or the side by a waving line or a line of.indenture so as to fit the counterpart from which It is supposed to have been separated.* Formerly, when there were more parties than one to a sealed instrument, a copy for each was made, and cut or indented (in acute angles instar denfium; like the teeth of a saw, but, later, in a waving line) on the top or side, to tally with the other; which deed, so made, was called an "indenture." Both parts were written on the same piece.of pardhment, with some word or letters between them and through which the parchment was cut so as to leave half on each part. Later, the indenting was not through any word at all; and, in time, the term " indenture " served merely to give name to the species of deed. The part executed by the grantor was the original, the others counterparts. Where all the parties executed every part, each part was an original. Opposed, defid-j)oH.T By 8 and 9 Vict. (1848), c. 106, the necessity for indenting was q.bolished in the case of ordinary deeds, and by 2i Vict. (1861), c. 9, as a requisite in gifts of land to charities.' '30 Minn. 321; 15 id. 461. 2 87 111. 243. s Wicker v. Hoppock, 6 Wall. 99 (1867). * L. L. indenture, to notch: L. dejis, a tooth. * Overseers of Hopewell v. Overseers of Amwell, ' 6 N. J. L. 176 (1822). a Bowen v. Beck,.94 N. Y. 89 (1883). Indent, n. Any contract or obligation in writing; but may have a narrower signification.! INDEPENDEIfCE. The Declaration of Independence, the state paper issued July 4, 1776, by the "Eepresentatives of the United States of America," was, " that these United Colonies, are and of Eight ought to be, Free and Independent States; that they are Absolved from Allegiance to the British Crown, and that all political connection between them and the State of Great Britain is and ought to be totally dissolved;... and that as Free and Independent States they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do." 2 Tlie inherent rights which lie at the foundation ot all action between fellow-men ai'e happily expressed in the preamble, viz.: "We hold these truths to be self-evident " — that is, so plain that their truth is recognized upon their mere statement, — "that all men are endowed " — not by edicts of emperors, or decrees of Parliament, or acts of Congress, but " by their Creator with certain iualienable rights" — that is, rights which cannot be bartered, given, or taken away except in punishment of crime, — "and that among these are life, liberty, and the pursuit of happiness, and to secure these" — not grant them — "governments are instituted among men, deriving their just powers from the consent of the governed." " See Confederation; Happiness. IndependenoB Day. See Holiday.

A deed indented, v. Deed, Fine.