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Bond still subsisting.
Assignor not to receive money, nor revoke power.
and give good and sufficient rels and dischas for the sum or sums of money so reed 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. hoy ratifying and confirming whatsr the sd (assignee) his exs shall lfully do in and 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 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 due or to become due on the sd bond or obligon or any pt thof nor revoke invalidate hinder or make void these prests cr 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 thesd (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.
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 chases 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, Eue 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. Hits. and VV. 225; and equity will not support the husband's assignment of a wife's bond, although made for a valuable consideration, Burnet v. Kiyiaston, 2 Frcem. 239; S. C. 2 Vera. 401; Prec.in Cba. 121. Parker (in Prec. Cha. iVl, Packer) v. Wfnilhum, 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 What (obligor) of, &c. in or by one bond, &c. became bd unto the sd (wife's maiden mime) befe her intermarriage with the sd (assignor) in the penal sum of £ — conditioned for the paymt of £ — and int at a day long since past (a) And whas deft Bonds. was made in paymt of the sd sum of £ — and int on the day mentd in the coudon of the sd in pt recited bond and the sd (assignor) did in term last past obtain a judgment in his Maj. Court at Westr in an action of debt on the sd bond for the sum of £ — besides costs of suit agst him the sd (obligor) as by the record of the judgment entered up in the same court reference being thereto had will more fully appear And whas the sd (assignor) having occasion to borrow the sum of £ — hath requested the sd (assignee) to advance the same and he hath agrd so to do on having the sd in pt recited bond or obhgon Togr with the sd (b) judgment assd to him as a secty for the repaymt thof AToic Know ye That in conson of, &c. to the sd (assignor) Testatum. and S his wife or one of them in hand, &c. pd by the, &c. the rect of which the sd (assignor) and S his wife do hby acknge and of and from the same do acquit and discharge the sd (assignee) his exs,&c. He thesd (assignor) and S his wife Have granted bargained sold, &c. and by, &c. do grant, &c. unto the sd (assignee) his exs ads and ass All that the hnbefe recited bond or obligon as also the principal and int thereon secured as afd and all and evy other sum or sums of money now due or which at any future time shall become due and paye on the same Togr with the sd judgment (c) so recovered thereupon as afd and all bent and advantage to be had or derived thereon and all the este right title int property claim and demand whatsr of, &c. To Have, &c. the sd bond, &c. and the Habendum. sd judgment and all and singr the sum and sums of money thereon seed and hby assd or intended so to be unto and for the only use and bent of him the sd (assignee) his exs, &c. for his and their own proper use in as full and ample a manner to all intents and purps as they the sd (assignor) and S his wife or either of them could or might have held or enjoyed the same had not these prests been made Upon this coiulon nevss and it is the true intent and meaning of these prests that if they the sd (assignor) and S his wife or either of them or either of their exs ads or ass shall and do well and truly pay or cause to be pd unto the sd
(a) If it be a judgment obtained on a warrant of atty, say, 'And whas for the better securing the paymt of the sd sum of — the sd (nblitor) extd a warrant of atty bearing even date with the sd bond authorizing certain attics therein-named to confess judgment thereupon in bis Mnj. Court of And wh«s judgment was confessed and entered on record of the sd court as of term the next ensuing as by reference thereto will more fully appear.
(4) Or,' the sd warrant of atty and jndgmt.'
(c) Or, 'so entered up.'
Power of attorney.
Covenants from the assignor and his wife.
To pay liebt, &c.
(assignee) bis exs ads or ass the full sum of £ — on the day of next ensuing Then he the sd (assignee) his exs, &c. is or are to deliver up the sd bond or obligon and judgmt and these prests are to be cancelled and made void any thing either at law or in equity herein contained to the contrary thof in anywise notwithstg And the sd (assignor) and S his wife do hby constitute the sd (assignee), &c. his and their true, &c. atty or atties in their names or in the names of their exs but for the sole and proper use and bent of the sd (assignee) his exs, &c. to ask demand and rece all such sum and sums of money as now are or shall become due and paye on the sd bond, &c. from and after the sd day of next ensuing in case the sd sum of £ — shd not then be fully pd and satisfied And upon nonpaymt thof or of any pt thof to sue out and prosecute to effect any exon or exons or or. process whatsr as shall be deemed necessy and expedient for receiving and recovering the same And on paymt thof to deliver up and cancel the sd bond and to give discharges for the same and to acknge or cause to be ackngd satisfaction upon the sd judgment and to do and act in evy thing relating to the same as the sd (assignor) and S his wife or either of them might or could have done had not these prests been made He the sd (assignee) his exs ads and ass rendering and paying to them the sd (assignor) and S his wife or either of them their or either of their exs ads or ass the surplus or remr of the sd money that shall become due and paye to them the sd (assignor) and S his wife their exs or either of them on the sd bond and which he the sd (assignee) shall rece thereupon after deducting what shall be justly due and owing to him the sd (assignee) at the time of such rect and paymt And the sd (assignor) and S his wife for himself and herself and for their exs ads and ass do and each of them doth covt promise and agree with and to the sd (assignee) his exs ads and ass that they the sd (assignor) and S his wife or either of them or their or either of their exs, &c. shall, &c. pay, &c. And that the sd bond, &c. (is still subsisting, &c. and for further assurance as in the two last Precedents )
Assignment of a Mortgage Bond by Indorsement thereon to keep the same on Foot against the Heiis of the Mortgagor.
Recital of To all to whom these Prests shall come I the within
payment of Iiaulet| (murtgagee) of, &c send greeting Whas (lismoncv!ge signet) of, &C. hath on the day of the date hereof pd unto me all principal and int monies secd unto Cargo. me by the within written bond and indre of mtge bearing even date therewith and within likewise mentd and I the sd (mortgagee) in conson thof by indre tripartite of assignment bearing even date with these prests and made betn me the sd (mortgagee) of the one pt dame (widow) widow and relict of the withiu named (mortgagor) of the second pt and the sd (assignee) of the third pt have assd unto the sd (assignee) his, &c. the sd indre of mtge and all and singr the lds, &c. thby demised and all my este, &c. Now these prests witness That I the Testatum. sd (M) in conson of the preses and to the intent that the within written bond may be assd and kept on foot and that the sd (A) his exs, &c. may have full bent thof Do hby assign and transfer unto the sd (A) his, &c. the within written bond and all sum and sums of money thby seed and now due or to become due and pave by virtue thof and all bent and advantage whatsr for or in respect of the same And I do hby authorize Power of the sd (A) his, &c. in my name to ask demand sue for attorney. recover and rece all principal and hit money due and to become due by virtue of this bond and to take all Iful means for recovering and receiving and discharging the same as fully and effectually to all intents and purps whatsr as I the sd (M) could or might have done if these prests had not been made Provided I the sd (M) Covenant my hrs exs ads and ass are saved harmless and kept indemnified by the sd (A) his, &c. of and from all costs ^gnur and dams which shall or may happen by virtue of any power hby given In Witness, &c.
Assignment of Part of the Cargo of a Ship.
To all, &c. Whas there is a cargo or adventure of Recital of timber on board the ship lying at called of the tllc cargo. burden tons or thereabouts of which the sd (assignors) are part owners And whas the sd (assignee) of, &c. hath agrd to pay the sum of £ — for one pt of the sd cargo Now Know ye That in conson of the sum of £ — so pd at or before, &c. tiie rect whof is hby ackngd They the sd (assignors) Have granted bargained sold, &c. and by, ffce. Do grant, &c. unto the sd (assignee) his exs, &c. All that one full and equal half pt of the sd cargo on board the sd ship and of all the produce proceeds effects gains and advantage in respect thof and all the right, &c. of in and to the same To Have, &c. unto the sd (assignee) his exs, &c. to his and their own use and as his and their proper goods and t-llVCn ts chattels for ever And they the sd (assignors) do jtly lnini as
O 3 signors.
free from incumbrances.
Copyright and sevly covt, &e. with the sd (assignee) his, &c. in manner following that is to say That the sd (assignee) his, &c shall and may at all times hraftr have take rece and enjoy to his and their own proper use and bent all and evy the produce proceeds effects pft and advantage by and in respect of the sd cargo or adventure of timber laden in the sd ship witht any let suit trouble denial or interruption of from or by the sd (assignors) their exs, &c. And that free and clear of all former bargains sales assnmts debts chas and incumbs whatsr by them or either of them committed done or suffered And that they the sd (assignors) their exs, &c. will at all times hraftr do perform and exte such furr acts deeds and things for the better assigning and assuring the sd preses hby sold and assd unto the sd (assignee) his, &c. and for enabling him and them to demand and rece the same to his and their own proper use and bent as by him or them or his or their counsel shall be reasonably advised and required In Witness, &c.
Assignment of a Copyright.
Obs. 1. By the 54 G. III. c. 15ii, the author of any book shall have the sole liberty of printing and reprinting the same for the term of 28 years, and if he survive that period, for the residue of his life. By the same statute, c. o6, the property in new and original sculptures, &.c. is vested in the proprietor for fourteen years, and if living at the expiration of that period for a further term of fourteen vears. By the 7 G. 111. c. 38, s.7, the property in prints is vested in the proprietor for 28 years.
2. By the 8 Aune, c. 19, s. 1, an assignment of a copyright must be in writing, attested by two witnesses; and it has been held, that under this Act, a parol assignment will rot entitle the assignee to maintain an action on the case for pirating Pcwer r. Walker, 3 M. & S. 7.
This Indenture, &c. Betn (assignor) of, &c. of the one pt and (publisher) of, &c. of the or. pt Whas the sd (A) hath written a book entitled.&c. and hath contracted with the sd (P) for the absolute sale of the copyright of the sd work for the sum of £ — Now this Indre witnesseth that in conson of the sum of £—to the sd (A) well and truly pd by the sd (P) He the sd (A) Doth grant assign and set over All that the sd book or work entitled, &c. and the whole entire and exclusive copyright and all and singr the right title, &c. of him the sd (A) of and in and to the same To Have and to Hold the sd bk and copyright and all the prft and advantage that shall and may arise by and from the printing and vending the same unto the sd (/') his exs ads and ass as fully and beneficially and for such time and respective times as the sd (A) can or may assign the same ln Witness, &c.
Recital of contract.