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No. 20.-Award of Arbitrators. To all to whom these presents shall come or map concern, GREETING: We, John Jones, Henry SMITH, and Thomas Sharpe, to whom was submitted as arbitrators the matters in controversy existing between John Doe and RichARD Roe, both of the city of New York, in the county of New York, and state of New York, as by the condition of their respective bonds of submission, executed by the said parties respectively, each unto the other, and bearing date the twelfth day of October, one thousand eight hundred and fifty, more fully appears.

Now, therefore, know ye, that we the arbitrators mentioned in the said bonds, having been first duly sworn according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing : that is to say, the said John Doe did sell to the said RICHARD Roe a certain horse on the fifteenth day of September last, warranting him to be sound in every respect, for the price of one hundred and fifty dollars; the said horse is and was at the time of such sale unsound, and worth only the sum of forty dollars; and the said John Doe should pay to the said Richard Roe one hundred and ten dollars for the difference in price, and thirty dollars for the expenses of keeping him, besides the costs of this arbitration.'

In witness whereof, we have hereunto subscribed these
presents, this first day of November, one thousand eight hun-
ared and fifty.
In the presence of

JOHN JONES,
Peter PENNY,

HENRY SMITH,
HIRAM JONES.

THOMAS SHARPE.

1

ASSIGNMENTS.

· An assignment is a transfer of one man's interest in property to another, enabling the person to whom it is assigned to have the same control over the thing assigned as though he were the original owner.

An assignment made with the intent to hinder, delay, or defraud creditors or other persons, is void.

An assignment may be made for the benefit of the one to whom it is made; or partly for his benefit and partly in trust for the benefit of others; or wholly in trust for the benefit of others.

If there be reserved in an assignment any profit, benefit, or advantage, to the one making the assignment, this will be conclusive evidence of fraud; and the assignment would be at once set aside on the application of creditors prejudiced by it.

But the assignee may employ the assignor in settling up the claims and such like business necessary to be done.

An assignment, like any other conveyance, of an interest in lands, should be immediately acknowledged and properly recorded.

An assignment to a near relation is always looked upon with great suspicion by the courts; and, unless made with entire good faith, and for a valuable consideration, will be set aside on the application of creditors upon whom it operates

as a fraud.

No. 21.-General Form of Assignment. know all Men by these presents, that I, John Doe, within named, in consideration of fifty dollars, to me in hand paid* by Richard Roe, of the city of Boston, in the county of Suffolk, and state of Massachusetts, the receipt whereof is

* It will hardly be necessary to caution a prydent person against parting with the possession of an instrument acknowledging the receipt of the consideration, until it bạs actually been paid.

hereby acknowledged, have sold and assigned, and by these presents do sell and assign, to the said Richard Roe, the within instrument in writing, and all my right, title, and interest in and to the same, authorizing him, in my name or otherwise, but at his own expense, to enforce the same according to the tenor thereof.

In witness whereof, I have hereunto set my hand and seal, this first day of July, one thousand eight hundred and fifty.

JOHN DOE (seal). Sealed and delivered in presence of

John SMITH,

John STONE. The foregoing form to be endorsed on the instrument assigned.

No. 22.-Assignment of Bond. Know all Men by these Presents, that I, John Doe, of the city of Rochester, in the county of Monroe, and state of New York, of the first part, for and in consideration of the sum of one thousand dollars, lawful money of the United States of America, to me in hand paid by Richard Roe, of the city of Brooklyn, in the county of Kings, and state of New York, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, and assigned, and by these presents do bargain, sell, and assign, unto the said party of the second part, his executors, administrators, and assigns, a certain written bond or obligation and conditions thereof, bearing date the first day of January, one thousand eight hundred and fifty, executed by JOHN SMITH, of the city of New York, in the county of New York, and state of New York, to me, conditioned for the payment of twelve hundred dollars, on the first day of May next, with interest, and all sum and sums of money due, or to grow due thereon. And the said

party of the first part doth covenant with the said party of the second part, that there is now due on the said bond or obligation, according to the conditions thereof, for principal and interest, the sum of twelve hundred and forty-two dollars, and doth hereby authorize the said party of the second part, in his name to ask, demand, sue for, recover, receive, and enjoy, the money due, and that may grow due thereon, as aforesaid.

In witness whereof, I have hereunto set my hand and seal, this fifth day of July, one thousand eight hundred and fifty.

JOHN DOE ( seal). Sealed and delivered in the presence of

PETER PEPPER,
JOHN STONE.

No. 23.-Assignment of Mortgage. know all Men by these Presents, that I, John Doe, of the town of White Plaino, in the county of Westchester, and state of New York, of the first part, in consideration of the sum of two thousand dollars, lawful money of the United States, to me in hand paid by Richard Roe, of the same place, of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned; transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said party of the second part, a certain indenture of mortgage, bearing date the tenth day of April, in the year one thousand eight hundred and fifty, made by Hiram Smith, of the town of White Plains, in the county of Westchester, and state of New York, to secure the sum of two thousand dollars, together with the bond or obligation therein described, and the money due and to grow due thereon, with the interest. To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, for his sole use, benefit, and behoof, for ever, subject only to the proviso in the said indenture of mortgage mentioned : and I do hereby make, constitute, and appoint, the said party of the second part my true and lawful attorney, irrevocable, in my name or otherwise, but at his proper costs and charges, to have, use, and take, all lawful ways and means for the recovery of the said money and interest; and in case of payment, to discharge the same as fully as I might or could do if thèse presents were not made.

And I covenant, for myself, my heirs, executors; and administrators, that I'am the true and lawful owner of the said

bond and mortgage, and that I have just right, full power and authority to sell, assign, and dispose of the same; and that there is now owing thereon the said principal sum of two thousand dollars, together with the interest thereon, from the first day of August last past.

In witness whereof, &c. (as in No. 22].

No. 24.-Assignme of Mortgage to be endorsed

thereon.* I, John Doe, in consideration of five hundred dollars, to me in hand paid by Richard Roe, of the city of Hartford, in the county of Hartford, and state of Connecticut, the receipt whereof is hereby acknowledged, do hereby assign, transfer, convey, and set over, unto the said Richard Roe, the within indenture of mortgage and the bond accompanying the same, and all my right, title, and interest, in and to the same, and do authorize the said Richard Roe, in my name or otherwise, but at his own costs and charges, to collect and obtain payment of the same. And I covenant that there is now owing for principal upon the said bond and mortgage the sum of five hundred dollars, and interest from the first day of July, one thousand eight hundred and fifty; and that I am the owner thereof, and have good right to sell the same.t

In witness whereof, &c. (as in No. 22).

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No. 25.-Assignment to be endorsed on Mortgage

when intended as Collateral Security. I, JOHN Doe, in consideration, &c. [as in No. 24 to pl. But this assignment is upon this express condition, that if the said John Doe, his heirs, executors, administrators, or assigns, shall well and truly pay or cause to be paid unto the said Richard Roe the sum of five hundred dollars, on or before the first day of July, one thousand eight hundred and fiftyeight, with interest thereon from the date hereof—then this assignment to be void :

But if the said Richard Roe, his exécutors, administrators, * The regulations of the respective states, in regard to acknowledging and recording interests in landed property, will be found described on pages 150 to 344

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