« PreviousContinue »
pt recited indre of demise and the term of yrs thby Mortgage. created or granted as afd with their and evy of their rights and appts And all the este right title int term and terms of yrs to come and unexpired property claim and demand whatsr of them the sd (assignors) as exs as afd of into or out of the same preses or any pt thof and of into and out of the sd principal mos and int now due and owing on the sd recited mtge To Have and to Habendum. Hold rece and take the sd principal sum of £ — and int and all and singr or. the preses hby assd and evy pt thof unto the sd (assignee) his exs, &c. and for his and their own proper mos secties and effects Power of absolutely And for the more effectually enabling the att0r!lT. sd (assignee) his exs, &c. to recover and rece the sd principal mos and int and to have and take the bent of the sevl secties for the same They the sd (assignors) Have and each of them Hath made apptd and constituted the sd (assignee) his exs, &c. their true and lful atty and atties to ask demand sue for recover and rece from the sd (mortgagor) his hrs exs ads or ass or any or. psn or psns liable to pay the sd sum of £ — and int and to commence and prosecute any action suit or or. proceeding either at law or in equity for the recovery of the same And also to settle and adjust all accts matters and things relative to the same And on rect of the principal mos or any pt thof to give sufficient rects and discharges and to make do and exte all or any or. act matter or thing for recovering and receiving the sd principal sum of £ — and int And they do hby resply give and grant unto the sd (assignee) his exs ads and ass the full and whole power and authty of them the sd (assignors) and each of them in and about the preses And do hby resply undertake to ratify and confirm and allow to be valid and sufficiently effectual and available to all intents and purps all and whatsr the sd (assignee) his exs, &c. shall lfully do in and about the preses And the sd (assignors) and No Act to each of them for himself his exs, &c. do and doth hby, 'ncuI"lK'r&c. covenant that the executors have done no act, &c. whby the sd principal sum, &c. is, &c. received released discharged or incumbered In Witness, &C.
Assignment of a Patent.
Obs. 1. By the 21 Jac. I. against monopolies, a power is reserved to the crown, in § ti, of granting a royal pitent of privilege to the true and first inventor of any new manufacture, for the sole working or making such manufacture for the apace of fourteen years, by virtue whereof a property becomes vested in the patentee, which passes to his executors, and is assignable as any other personal chattel, except that by one clause of the statute, no assignment of a patent can be made to more than fire persons.
Patent. 2. *n assignment of this nature, the covenants must be so qualified by the usual words, 'notwithstanding any thing by him done to the contrary,' as to restrict them to the acts of the assignor. This is of particular importance where the vendor is himself an assignee. It has been held, that a covenant in such an assignment for absolute right to convey, is not restrained by the other parts of the deed. Heat v. Slevcnton, 3 B. & P. 565. Stamp. 3. As to tne stamp. pref. § 4.
Recital of This Indre made, &c. Betn (assignor)nf, &c. of the one Utters pa- pt and (assignee) of, &c. of the or. pt Ifhas by certain 1"''t' letters patent bearing date the, &c. his present Maj.
Did give and grant unto M K his exs ads and ass the sole privilege of making paper from straw, &c. for the term of 14 yrs and for the respive places in the sd letters patent with a prohibition to all psns whatsr other than the sd M K his agents and ass to use the sd invention as in and by the sd letters patent enrolled in the High AsMgnment Ct of Chancery will more fully appear And Whas by to assignor. indre of i^sni^ bearing date the day of and made betn the sd M K of the one pt and the sd (assignor) of the or. pt For the consons therein mentd the sd M K did grant unto the sd (assignor) certain pts or shares of and in the sd letters patent To Hold to him the sd (assignor) his exs, &c. for and during the then residue Contract of the sd term of 14 yrs And whas the sd (assignee) for sale to hath contracted with the sd (assignor) for the sale to assignee. nim 0f shares in the sd letters patent for the price or sum of £— Now this I»dre Witnesseth That for and in conson of the sd sum of £ — to the sd (assignor) in hand, &c. pd by the sd (assignee) at, &c. the rect,&c. He the sd (assignor) Hath granted, &c. and by,&c. Doth grant, &c. unto the sd (assignee) All those the pts or shares of and in the sd letters patent And all the right title and int of him the sd (assignor) of in and to the sd pts or shares of and in the sd letters patent To Have and to Hold the sd pts and shares of and in the sd letters patent with all bent and advantage to arise therefrom unto the sd (assignor) his exs, &c. in as full ample and beneficial a manner as he the sd (assignor) by virtue of the sd letters patent and the sd in pt recited indre of assignment might have had or held the same if these prests had not been made for and during all the rest and residue of the sd term of 14 yrs And the sd (assignor) doth hby for himself his exs, &c. covt, &c. with the sd (assignee) in manner followg that is to say That for and notwithstanding (a) any act matter or thing to the contrary by flood right tlone or suffered he the sd (assignor) hath good
to assign right full power and absolute authty to assign and shares.
(a) See Obs. 2.
convey the sd pts or shares of and in the sd letters Pew.
patent. And that he hath not by any means directly or
indirectly forfeited any right which he ever had or might
have had to the sd pts or shares And that he the sd (as- Quiet en
signee) his exs, &c. shall and may by virtue of these prests joyment.
have rece and take all the profts and advantages whatsr
that shall or may arise from the same pts or shares
witht any let hindrance denial or interruption from the
sd (assignor) his, &c. And that he the sd (assignor) his exs Further
and ads shall and will do, &c. all and evy or. act, &c. for "ssurauce.
assigning, &c. the sd pts, &c. unto the sd (assignee)
his, &c. In Witness, &c.
Assignment of a Pew.
Obs. 1. The right to sit in a particular pew in a church, Right to arises either from prescription, us appendant to a messuage, or from pewsbvprea faculty or grant from the ordinary, for be bas the disposition of scription all pews which are not claimed by prescnption; Gibs. Cod. 221. or facultvNo title can be good to a pew, cither upon prescription or upon any new grant from the ordinary, to a man and his heirs, for the pew will always go with the house to him that inhabits it. 1 Burn's Ecc. Law, 360. Slacks v. Booth, 1 T. R. 432. By the general law of common right, all pews belong to the parishioners at large, bat the distribution of seats among them rests with the ordinary, whose officers, the churchwardens, must place the parishioners according to their rank and station, but subject to the approbation of the ordinary. The incumbent has no authority in seating and arraying his parishioners, except as a member of the vestry, nor are the churchwardens bound to follow the directions of the vestry. Pethnmn v. Bridget. 1 Phill. 322. Persons having pews appurtenant to their houses, cannot let them to nonresident persons, and thus by contract defeat the general right of the parish. Walter v. Garner, 1 Hagg. 317—319.
2. In an action against the ordinary, the plaintiff must allege How deand prove repairs of the pew. If any repairs have been required fended. within memory, they must be proved to have been made at the expense of the party setting up a prescriptive right. Mere occupancy does not annex pews to particular houses. 1 Wils. 326. A possessory right is not good against the churchwardens and the ordinary, but is sufficient to maintain a suit aguiust a mere disturber. Pettman v. Bridger, ub. tup.
This Indre, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Witnesteth That Testatum. for and in conson of the sum of £ — to, &c. by, &c. He the sd (assignor) Hath bargd sold assd and by, kc. Doth, &c. unto the sd (assignee) his exs, &c. All that pew situate, &c. and numbered as heretofore was occupied by the sd (assignor) and his family And all the este, &c. To Have, &c. the sd pew and all or. the Habendum. preses hby assd or intended so to be To the intent that the sd (assignee) and his family shall and may from henceforth at all times hraftr peaceably and quietly enter into have use and occupy the sd pew for all snch uses and purps as are customary in attending Divine
Power of attorney.
Not to revoke.
Covenant from assignee to pay does, &c.
and indent nify assignor.
service And the sd (assignor) iioth for himself, &c. covt, &c. that it shall and may be lful for the sd (assignee) peaceably and quietly to hold and enjoy the sd pew hby assd or intended so to be witht the let hindrance or disturbance of the sd (assignor) or his family or his or their hrs exs ads or ass or any psn or psns lfully claiming or to claim the same or any sitting therein by from or under them or any of them And for the better securing to the sd (assignee) the full and free bent of the sd pew and preses he the sd (assignor) Doth hby make constitute and appt A B one of the proctors of the ecclesiastical court at to appear for him the sd (assignor) in the sd court or elsewhere on his behalf but at the costs and chas of the sd (assignee) to give and acknge his consent and approbation and direction for confirming the sd pew to the afd (assignor) and his family or orwise accordg to the practice of the sd court he ratifying and confirming whatsr the sd A B or or. proctor of the said court shall as proctor or atty for the 6d (assignee) lfully do or cause, &c. in the preses And furr the sd (assignor) promises declares and agrees not to revoke annul or defeat these presls or any authty thby given to the sd proctor but from time to time to confirm and establish the same And the sd (assignee) doth hby for himself his exs, &c. covt, &c. that he the sd (assignee) his exs, &c. shall and will well and truly pay all dues rates and contributions which may be brcftr lfully made and demanded for and concerning the sd pew And do and perform all needful repairs decorations and improvements whatsr at his own costs and chas and wholly indemnify the sd (assignor) his hrs exs and ads therefrom In Witness, &c.
Assignments of Policies of Insurance.
Obs. 1. Policies of insurance, although chosa in action, may be assigned at law as well as in equity, D'lany v. Stnrfdart, IT. R. 2fi. Such assignments are for the most part inserted in other deeds; but where a policy is assigned by way of mortgage, and in some other cases, a separate deed is most convenient. Stamp. 2. By the 14 G. lit. c. 48, any insurance made on the life or
lives of any persons wherein the persons for whose use, or on whose account the policy is effected, shall have no interest, is void. And it has been held under this statute, that a policy of insurance effected by a father on the life of his son is void, he having no pecuniary interest therein. Halford v. Kymer, 10 B. & C. 724.
Assignment of a Policy of Insurance on a Ship by an Executor.
Recital of Obs. 1. The 6 G. I. c. 18, which limited the privilege of grantpolicy. ing policies of insurance upon ships and goods to the Royal Exchange and London assurances, is so far repealed by 4 G. IV. c. 114, Polity of as to make it lawful for other corporate bodies to make such Insurance policies.
To All, &c. (assignor) of, &c. executor of the last Recital of will and test of A B deed sendeth greeting Whas the policy. sd A B by a certain writing or policy of insurance granted by the Insurance Co bearing date the, &c. and numbered under the hands and seals of directors of the sd compy insured the sum of £ — upon the ship or vessel for her voyage from A to L as by the sd policy relation being thereto had will more fully appear And whas (assignee) of, &c. hath agrd with the sd (assignor) for an absolute assnmt to him of the sd policy of insurance for the sum of £ — Now these Prests witness That for and in conson of, &c. He the sd (assignor) Hath bargained sold and assd and by, &c. Doth bargain, &c. unto the sd (assignee) All that the sd policy of insurance so effected by him the sd A B deed and all and every sum or sums of money recoverable or to be reed upon or by virtue of the sd |K>licy and all bent and advantage thereof And all the right title int property claim and demand whatsr of him the sd (assignor) as exr as afd togr with full power and authty to ask, &c. (see p. 153) To Have hold rece Habendum. and take the sd policy of insurance and all sums of money recoverable thereon and all and singr or. the preses hby assd or intended so to be unto the sd (assignee) his exs, &c. in as full ample and beneficial a manner as he the sd (assignor) might or could have done if these prests had not been made And the sd (assignor) for No act to himself, &c. doth hby covt, &c. with, &c. the sd (assignee) incumber. that he the sd (assignor) hath done no act matter or thing whby the sd policy of insurance can shall or may be charged or incumbered in any way whatsr
In Wilness, &c.
Assignment of a Reversion in the Funds.
Obs. 1. Reversionary or expectant interests are not assignable at law. Jones v. Rue, 3 T. R. 88; 1 Fonbl. 217. And courts of equity will set aside assignments by expectant heirs, on the ground of inadequacy of consideration, 9 Vcs. 246; 16 Ves. 512 ; 1 Fonbl. ub. sup. Fax v. Wrighi, 6 Madd. 111.
2. An assignment by a man of a contingent interest in right of his wife, will not bind the wife, cither at law or in equity, if she survive him before he has reduced it into possession. Ld. Carteret v. Pmchatl. 3 P. Wins. 199. But in equity a distinction is made between a voluntary assignment and an assignment for a valuable considcra'ion. The wife surviving is not bound by his voluntary assignment, but otherwise, where it is made for a valuable consideration. Mafvrd v. Mitford, 9 Ves. 9'J. The general assignment in bankruptcy, has not the effect of reducing into possession,