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9r assigns, shall collect the money secured by the bond and mortgage hereby assigned; then, after taking therefrom the said sum of five hundred dollars, with interest thereon from the date hereof, and the amount of the costs and charges properly incurred in and about the collecting thereof, he or they shall pay over the surplus (if any) to the said John Doe, his executors, administrators, or assigns.
In witness whereof, we have hereunto set our hands and seals, this first day of October, one thousand eight hundred and fifty. Signed, sealed, and delivered, in presence of
JOHN DOE (seal).
RICHARD ROE (seal).
No. 26.-Assignment of a Debt. know all Men by these Presents, that I, John Doe, of the city of New Orleans, in the parish of Orleans, and state of Louisiana, in consideration of one thousand dollars to me in hand paid by Richard Roe, of the same place, the receipt whereof I hereby acknowledge, have sold, transferred, and assigned, unto the said RICHARD Roe, a certain debt due and owing to me from John Smith, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, for (here state the consideration or cause of indebtedness), amounting to twelve hundred dollars :
And I do hereby authorize the said RICHARD Roe, in my name or otherwise, but at his own costs, to sue for, collect, and receive, sell and transfer, settle and discharge, the said debt.
And I do covenant that the said sum of twelve hundred dollars is justly owing and due to me from the said John Smith, and that I have neither done nor will do anything to lessen or discharge the said debt, or hinder the said Richard Roe or his assigns from collecting the same. In witness whereof, &c. (as in No. 22).
No. 27.-Assignment of Judgment. This Indenture, made the first day of October, one thousand, eight hundred and fifty, between John Doe, of the town of Winchester, in the county of Cheshire, and state of New Hampshire, of the first part, and RICHARD Roe, of the same place, of the other part : Whereas, the said party of the first part, on the first day of June, one thousand eight hundred and fifty, recovered by judgment in the superior court of the state of New Hampshire, against John Short, the sum of ten thousand dollars :
Now this Indenture witnesseth, that the said party of the first part, in consideration of ten thousand dollars, to him duly paid, hath sold, and by these presents doth assign, transfer, and set over, unto the said party of the second part, and his assigns, the said judgment, and all sum and sums of money that may
be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment, to acknowledge satisfaction, or discharge the same: and attorneys one or more under him for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that his said attorney or substitute shall lawfully do in the premises. And the said party of the first part doth covenant that there is now due on the said judgment the sum of ten thousand dollars, and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises.
In witness whereof, the party of the first part hath hereunto set his hand and seal the day and year first above written.
JOHN DOE (seal). Sealed and delivered in the
No. 28.-Assignment of Lease. know all Men by these presents, that I, John Doe, of the city of Boston, in the county of Suffolk, and state of Massachusetts, for and in consideration of the sum of one hundred dollars, lawful money of the United States, to me duly paid by RICHARD Roe, of the same place, have sold, and by these presents do grant, convey, assign, transfer, and set over, unto the said RICHARD ROE, a certain indenture of lease, bearing date the first day of April, in the year one thousand eight hundred and fifty, made by James Smart, of the city of Boston aforesaid, to me for the term of twenty years, reserving unto the said James Smart the yearly rent of two hundred dollars, payable quarterly, with all and singular the premises therein mentioned and described, and the buildings thereon, together with the appurtenances. To have and to hold the same unto the said Richard Roe, his executors, administrators, and assigns, from the first day of May next ensuing, for and during all the rest, residue, and remainder, yet to come of and in the term of twenty years mentioned in the said indenture of lease : subject, nevertheless, to the rents, covenants, conditions, and provisions, therein also mentioned. [And I do hereby covenant, grant, promise, and agree, to and with the said Richard Roe, that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and encumbrances, whatsoever.]
in witness whereof, &c. [as in No. 22).
Instead of the clause within brackets, the following may be used:
And I do hereby covenant and agree, to and with the said Richard Roe, that the said assigned premises are free and elear of and from all other gifts, grants, bargains, sales, leases, and encumbrances, by me suffered, made, or created
No. 29.-Assignment of Policy of Insurance.*
know all Men by these Presents, that I, John Doe, of the city of St. Louis, in the county of St. Louis, and state of Missouri, for and in consideration of the sum of five hundred dollars, lawful money of the United States, to me in hand paid by RICHARD Roe, of the same place, the receipt whereof is hereby acknowledged, do hereby sell, assign, transfer, convey, and set over, unto the said RICHARD Roe all my right, title, interest, claim, and demand, in and to the within named policy of insurance, and all sum and sums of money, interest, benefit, and advantage whatever, now due or which may hereafter arise, or to be had or made, by virtue thereof, to have and to hold the same unto the said RICHARD Roe, his heirs and assigns, for ever.
In witness whereof, &c. (as in No. 22).
No. 30.-Assignment for the Benefit of all Credit
ors equally. know all Men by these Presents, that I, John Doe, of the town of Milford, in the county of New Haven, and state of Connecticut, for value received, have sold, and by these presents do grant, sell, assign, and convey, unto RichARD Roe, of the same place, all the accounts, debts, dues, notes, bills, bonds, and demands, enumerated and specified in the schedule hereunto annexed, and marked “ Schedule A ;"| to have and to hold the same, unto the said Richard Roe and his assigns :
In trust to collect, sue for, demand, receive, and recover, all such sums of money as may be due, owing, and payable thereon; and after paying all reasonable and proper costs, charges, and expenses, to pay to each and all of my creditors the full sum that may be due and owing to them from me, of whom the said Richard Roe is one, and a full and complete list of whom, with the true amount due to each, is contained in the schedule hereto annexed, marked “ Schedule B;" and if the proceeds of the said notes, accounts, bonds,
* This assignment must be endorsed on the insurance policy, and approval of the insurers attested by the signature of one of the principal officers of the inse
+ The schedules should state the assigoment to which they belong, and be dated and signed by the parties, for the purpose of identification.
and so forth, be not sufficient fully and entirely to pay off and satisfy each and all of my creditors, then to pay them pro rata in proportion to the amount due and owing to each. And if the proceeds as aforesaid shall be more than sufficient to pay and satisfy every one of my creditors, then to pay and return to me the balance that may be left, if any, after paying all my creditors as aforesaid.
And I do hereby nominate, constitute, and appoint, the said RICHARD Roe my true and lawful attorney, irrevocable, in my name or otherwise, for the purpose aforesaid, to ask, demand, sue for, collect, receive, and recover, all and singular such sum or sums of money as now are or hereafter may become due, upon, for, or on account of any of the property, effects, things in action, or demands above assigned ; giving and granting unto my 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 I might or could do, if this assignment had not been made; with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute may lawfully do or cause to be done, in the premises, by virtue hereof.
In witness whereof, &c. (as in No. 22].
No. 31.-Assignment by a Firm for the Benefit of
Preferred Creditors. This Indenture, made this first day of July, in the year one thousand eight hundred and fifty, between John Doe and Richard Doe, of the city of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, copartners, known as, and doing business under the name, style-, or firm, of John Doe and Brother, of the first part, and James Smith, of the city of Philadelphia aforesaid, of the second part :
WHEREAS, the said firm or copartnership are justly indebted in sundry dues and considerable sums of money, and have become unable punctually to pay and discharge the same, and are desirous of making a fair, just, and equitable distribution of all their property and effects among their creditors
Now, therefore, this Indentare witnesseth, that the said parties of the first part, in consideration of the premises and