Covenants from assignor. Annuity. joyed the same if these prests had not been made And the sd (assignor) for himself, &c. doth hby covt promise and agree, &c. that he the sd (assignor) hath good right and full power to assign the sd annty of, &c. And also that he hath not heretofore charged discharged or enGood right to assign. cumbered the sd annty or yrly sum hby assd or intended Quiet so to be And also that he the sd (assignee) his exs, &c. enjoyment. shall and fully may peaceably and quietly have hold rece and enjoy the sd annty or yrly rent-charge of £— to and for the proper use and bent of him the sd (assignee) his exs, &c. witht any let suit trouble hindrance molestation or interruption whatsr of from or by him the sd (assignor) his exs, &c. or any or. psn or psns whatsr and that free and clear and freely clearly and absolutely dischagd and exonerated from all chas and incumbrances whatsr And furr that he the sd (assignor) his exs (Covenant for further Assurance as in last Precedent.) In Witness, &c. Free from incumbrances. Assignment of Exchequer Annuities. Know all Men by these Presents That for and in conson of the sum of £. to me (assignor) of, &c. in hand well and truly pd by (assignee) of, &c. the rect whof is hby ackngd I the sd (assignor) Have granted bargained sold, &c. and by these prests Do grant, &c. unto the sd (assignee) of, &c. the several orders bearing date, &c. made unto and in the name of me the sd (assignor) by virtue and in pursuance of an Act of Parliament passed in the yr, &c. entitled, &c. in conson of the respive sums therein pd by me into the rect of his Maj. Exchequer for the same which orders are of the sevl numbers and for the sevl annties or yrly sums paye by four equal quarterly paymts for the term of yrs to be computed from the, &c. as follows viz. one number (set out the several numbers) Togr with the sevl tallies made and struck for the purchase-money of the sd respive annuities And also the sd annties or yrly sums paye by or upon the sd orders resply during the residue of the sd term of yrs resply and all the este, &c. of me the sd (assignor) of and in the sd sevl orders tallies and annties afd Have, &c. the sd sevl annties and evy of them and evy pt thof unto the sd (assignee) his exs ads and ass to his and their proper use and bent for and during the residue, &c. of the sd term of yrs yet to come and unexpired in as ample and beneficial a manner as the sd (assignor) could have enjoyed the same if these prests had not been made free and clear from all charges and incumbrances made done or committed by me the sd (assignor) or any other psn or psns whomsr In Witness, &c. To Assignment of Articles of Clerkship by Indorsement. Obs. As to the assignment of articles of clerkship, see Obs. 1, p. 113. And as to the stamp, Obs. 2, p. 114. Articles of Clerkship. Know all, &c. that the sd within-named pties having mutually agrd to vacate the within-written contract the within-named (assignor) at the request and by and with the approbation of the within-named (clerk's father) and (clerk) testified by their sevlly signing and sealing these prests Hath assigned and turned over the sd (C) to (assignee) of, &c. gent. to serve him as his clk under the condons within-mentd for the remdr of the within-mentd term of yrs And the sd (assignee) Assignment in conson of £ — in hand well and truly pd by the sd to new (assignor or clerk's father, or, otherwise as the case may be) principal. Hath accepted taken and recd him the within-named (C) to continue and be with him as his clerk during the remdr of the within-mentd term of yrs under the condons in the within-written articles mentd And in conson of Release the preses they the sd (assignor, father and clerk) do hby for themselves and their sevl exs ads and ass mutually release each or. their exs and ads of and from the within-written articles and the performance of all the covts and agts thin contd In Witness, &c. Assignment of a Bill of Sale of Goods. Obs. 1. As to the nature of a bill of sale, see Bill of Sale. 2. An ad valorem stamp on the consideration money. from assignor, father and clerk. Stamp. Recital of sale to vendor. Now Testatum. To all, &c. Whas (vendor) of, &c. in and by his deed or bill of sale under his hand bearg date, &c. did for the conson thin expssd bargain sell and deliver unto me the sd (assignor) my exs ads and ass all and evy the goods implements and wares remaining and being, &c. as in the schedule or inventory to the same deed or bill of sale annexed are more parlarly expssd know ye That in conson of the sum of £-in hand to me well and truly pd by (assignee) of, &c. the rect, &c. I the sd (assignor) Have granted bargained sold assigned transferred and set over and by these presents in plain and open market do grant, &c. All and evy the goods wares and implements in the above-recited bill of sale and in the schedule thereunto annexed mentd and hby bargd and sold or expssed to be so as afd To have and to Hold unto Habendum. the sd (assignee) his exs ads and ass all and evy the goods wares and implements in the above recited bill of sale and schedule mentd and contd to and for his and their own bent and as his and their proper goods Bills of and chattels from henceforth for ever Sale. Free from incumbrances. Testatum. Covenants from assignor. Debt is subsisting. No act to encumber. And I the sd (assignor) do hby for myself my exs, &c. covt, &c. with the sd (assignee) his, &c. That the sd deed or bill of sale is a good and valid instrument and that the preses hby assd or orwise assured or intended so to be with the appts are and shall remain and continue unto the sd (assignor) his exs ads and ass free and clear of and from all former and or. rights titles chas liens and incumbrances whatsr done committed or suffered by the sd (assignor) and the sd (vendor) or any or. psn whatsr In Witness, &c. Assignment of a Conditional Bill of Sale (by Indorsement.) To all, &c. I (assignor) of, &c. send greeting Whas (V) of, &c. in and by, &c. did, &c. (see last Precedent) Subject nevss to a provo or condon for making void the same as in the within-written bill of sale is contd in that behalf Now know ye That, &c. in conson, &c. I the sd (assignor) Have granted bargained sold, &c. and by, &c. Do grant, &c. unto the sd (assignee) all, &c. Habendum. To Have, &c. as fully and beneficially as 1 the sd (assignor) might have held and enjoyed the same Subject nevss to the provo for redemption as afd And I the sd (assignor) do hby for myself, &c. covt with the sd (assignee) his, &c. That the within mentd debt or sum of £. is still due and owing And that I the sd (assignor) have not done or suffered and shall not nor will at any time hnaftr do or suffer any act whby the sd (assignee) his exs, &c. shall be prevented or hindered from recovering the sd debt or sum of £– hby assd or any pt thof And also that if deft shall happen to be made in paymt of the sd sum of £- and int thof I the sd (assignor) my exs, &c. shall and will at the request costs and chas of the sd (assignee) make do and exte all such or. acts deeds and things for the better enabling the sd (assignee) his, &c. to recover and rece the sd sum of £as by the sd (assignees) his exs, &c. or his or their counsel in the law shall be reasonably advised or required And the sd (assignee) doth hby for himself his exs, &c. covt, &c. with the sd (assignor) his exs, &c. That he the sd (assignor) his, &c. shall and will at all times hnaftr save harmless and indemnified the sd (assignor) his exs, &c. of from and agt all costs chas dams and exps whatsr which shall or may fall upon or become paye by the sd (assignor) his exs or ads for or by reason of any action or suit or or, legal or equitable proceeding which shall or may be brought or prosecuted in the name or names of the sd (assignor) his, &c. by virtue of these prests or orwise In Witness, &c. Further assurance. Indemnity from assignee. Assignment of a Bond. Obs. 1. No assignment of a bond should be taken, unless there be evidence that the debt is still subsisting, as the courts have made it a rule to direct the jury to find a bond satisfied after a lapse of twenty years without demand or acknowledgement. 1 Ves. 51, (see 3 and 4 W. IV. c. 27, Appendix.) 2. On an assignment of a bond, notice must be given to the obligor, otherwise payment by him to the obligee will be good. As to the assignment of bonds and other choses in action, see Pref. § 1. Bonds. 3. An ad valorem duty on the consideration money, see Pref. § 4. Stamp. - bond. to advance money. This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas Recital of (obligor) of, &c. by a certain bond or obligon under his hand and seal duly exted bearing date on or about the day of became bd to the sd (assignor) in the penal sum of £ of, &c. with a condon thereunder written to be void on paymt by sd (obligor) unto the sd (assignor) his exs ads or ass of the full sum of £ as by the sd bond or obligon reference being thereto had will more fully appear And whas the sd (assignee) Agreement hath agrd to pay to the sd (assignor) the sum of £ upon having an assnment made to him the sd (assignee) of the sd in pt recited bond and all principal and int due and to become due thereon in manner as hnaftr mentd Now This Indre Witnesseth That in conson Testatum. of the sum of £ of, &c. to the sd (assignor) by the sd (assignee) well and truly pd at, &c. He the sd (assignor) Hath granted bargained, &c. and by, &c. Doth grant, &c. all that the sd in pt recited bond or obligon and all the right title bent advantage claim and demand whatsr of him the sd (assignor) of and in the same To Have, &c. the sd bond or obligon and all Habendum. mos now or hraftr to become due and paye thereupon or by force or virtue thof unto the sd (assignee) his exs ads and ass To the only proper use and behoof of the sd (assignee) &c. for ever And for the consons afd hath constituted and apptd and by, &c. doth constitute, &c. the sd (assignee) his exs ads and ass his true and Iful atty and atties in the name or names of the sd (assignor) his exs ads or ass to ask demand and rece all and evy the sum and sums of money now due or hraftr to become due upon the sd bond or obligon and on nonpaymt thof or any pt thof Then in the name of the sd (assignor) his exs, &c. but at the proper costs and chas of the sd (assignee) his exs ads or ass to commence and prosecute with effect any actions or suits agst the sd (obligor) his exs ads or ass until full satisfaction and paymt of the sd sum of £ And on rect thof to cancel or deliver up the sd bond or obligon or to make Power of attorney. Bonds. Bond still Assignor not to receive and give good and sufficient rels and dischas for the sum or sums of money so recd and finally in his name to do perform and exte all such furr and or. acts deeds matters and things touching the preses as the sd (assignee) his exs, &c. shall deem requisite He the sd (assignor) for himself, &c. hby ratifying and confirming whatsr the sd (assignee) his exs shall lfully do in and Covenants. about the premises And he the sd (assignor) for himself his exs ads and ass doth hby covt promise and agree with and to the sd (assignee) his exs, &c. That the sd bond subsisting. at the time of the sealing and delivery of these prests is in full force and valid and effectual in the law and not assd released vacated cancelled or orwise made void And also that he the sd (assignor) his exs ads or ass shall not nor will at any time hraftr rece the sd mos money, nor due or to become due on the sd bond or obligon or any revoke pt thof nor revoke invalidate hinder or make void these prests or any authty or power hby given witht the licence or consent of the sd (assignee) his exs, &c. first had and obtained in writing for that purpose And the sd (assignee) for himself his exs, &c. doth covt, &c. with the sd (assignor) his, &c. That he the sd (assignee) his, &c. shall and will at all times indemnify the sd (assignor) his, &c. of from and agst all costs chas exps and dams which he they or any of them shall pay sustain or be put unto for or by reason or on acct of any proceedings to be had either at law or in equity on acct of the preses by virtue or means of these prests so as the same do not arise or accrue through the collusion or act of the sd (assignor) his, &c. In Witness, &c. power. Assignee to indemnify assignor. Recital of bond. Assignment of a Bond and Judgment by a Husband and a Wife as a Security for a Debt. Obs. Bonds being legal choses in action, a husband has not the power of assigning them; he has only the power of reducing them into possession during his life. If he assign them, the assignee standing in his place may, during his life, sue in the name of the husband; but if he die before the assignee has reduced them into possession, the right of action will survive to the wife, 1 Rep. Hus. and W. 225; and equity will not support the husband's assignment of a wife's bond, although made for a valuable consideration, Burnet v. Kinaston, 2 Freem. 259; S. C. 2 Vern. 401; Prec. in Cha. 121. Parker (in Prec. Cha. 412, Packer) v. Wyndham, Gilb. Rep. Eq. 98. To all to whom these prests shall come (assignor) of, &c. and S his wife late (maiden name) of, &c. spinster, send greeting Whas (obligor) of, &c. in or by one bond, &c. became bd unto the sd (wife's maiden name) befe her intermarriage with the sd (assignor) in the penal sum of £ conditioned for the paymt of £ |