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Consideration.

Assignment.

eration of the said sum of £- of lawful money of the United States to him the said A. B. in hand paid by the said E. F. at the request and by the direction of the said C. D. testified as aforesaid, at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge, and thereof, and of every part and parcel thereof, doth fully, freely, and absolutely acquit, release, and discharge the said E. F. his heirs, executors, administrators and assigns, by these presents, He the said A. B. at the request and by the direction of the said C. D. testified as aforesaid, HATH assigned, transferred, and set over, and by these presents DOTH assign, transfer and set over unto the said E. F. his executors, administrators and assigns, THE said recited judgment, and all the right, title, interest, property, claim and demand of him the said A. B. of, in and unto the said judgment, and sum of £- -TO HAVE AND TO HOLD the said judgment, and to receive and take all the said money therein mentioned, and thereby secured unto the said E. F. his executors, administrators and Covenant that assigns. AND the said A. B. for himself, his execuators assignor had not and administrators, doth hereby covenant and agree, to and with the said E. F. his executors, and administrators, that he the said A. B. hath not received all or any

Habendum.

received money

due.

Done no act to

ment.

Agreement to

make use of assignor's name.

part of the money due upon the said judgment, or any satisfaction for the same (save as aforesaid,) but that the said judgment is still in full force, and not satisfied, vacaincumber or va- ted, released, or otherwise discharged: AND ALSO, cate the judg. that he the said A. B. hath not at any time heretofore done or committed, nor will he, his heirs, executors or administrators, at any time hereafter, do or commit any act, matter or thing whatsoever, whereby or by means whereof the said judgment, or any action or actions, execution or executions, or other process or proceedings to be had thereupon, shall or may be vacated, released, discontinued, compounded or otherwise discharged, without the consent of the said E. F. his executors or administrators; but that he the said A. B. his executors or administrators shall and will permit and allow of all such action or actions, execution or executions, or other process or proceedings, to be had upon the said judgment, and permit and suffer his and their name or names to be made use of therein as the said E. F. his executors or administrators shall think fit to sue forth, commence or proseCovenant on the cute when and as often as there shall be occasion: and part of assignee the said E. F. doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said A. B. his executors and administrators, that he the said E. F. his heirs, executors or administrators, or some of them, shall and will, from time to time,

to indemnity assignor against

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and at all times hereafter, save, indemnify, and keep harmless and indemnified, the said A. B. his heirs, executors and administrators, and his and their lands, tenements, goods and chattels, of and from all costs, charges, damages and expenses which may at any time hereafter happen to him or them, or which they or any of them may any time hereafter suffer, sustain, or be put unto, for or by reason or means of his or their name or names being made use of in any proceedings to be had upon the said judgment, or in any otherwise howsoever relating thereto. IN WITNESS, &c.

at

An assignment of a bond by indorsement.

Bond by indorse

KNOW ALL MEN BY THESE PRESENTS, That I, the within named A. B. for and in consideration of the sum of of &c. to me in hand well and truly paid by C. D. of &c. at and before the sealing and delivery of these presents, the receipt and payment where- ment. of I do hereby acknowledge, HAVE granted, bargained, sold, assigned, transferred and set over unto the said C. D. his executors, administrators and assigns, the within written bond or obligation and condition, and all interest due and to grow due for the same, and all my right, title, interest, claim and demand whatsoever of, in and to the same. AND I do hereby authorise the said C. D. in my name to ask, demand, sue for, recover, receive, have, hold and enjoy the said sum of and interest to his own use and behoof forever. IN WITNESS, &c.

An assignment of a bond of bottomry. THE same as an assignment of another bond, only after the recital of the bond recite, AND WHEREAS the said ship did on or about the safely arrive in the river Thames from the said voyage, NÓW KNOW, Ye, &c.

Bond of botomiy

ASSIGNMENTS OF DEBTS.

An assignment of a debt with power of attorney to bring

action t

debt.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B. of &c. for and in consideration of the sum Assignment of a of £of &c. now justly due, and owing by me to C. D. of &c. and for better securing the payment of the same to the said C. D. have granted, bargained, sold, as

Power of attor ney.

signed, and transferred, and by these presents do grant,
bargain, sell, assign, and transfer unto the said C. Ď. all
that debt or sum of which is now justly due and ow-
ing to me from E. F. of &c. for goods sold and deliver-
ed by me to the said E. F. (as the case may be) before the
day of the date hereof, AND all my right, title, interest,
claim, and demand whatsoever, of, in or to the said debt
of £- so justly due and owing unto me the said A. B.
as aforesaid, TO HOLD to the said C. D. his execu-
tors, administrators and assigns, from henceforth, to his
and their own proper use and behoof for ever, under the
proviso and condition hereinafter mentioned. AND I
DO HEREBY make, ordain, constitute, authorise, and
appoint the said C. D. to be my true and lawful attorney,
and do give and grant unto him the said C. D. his exec-
utors or administrators, full power and lawful authority
for me and in my name, and in the name of my execu-
tors or administrators, but to the only proper use and be-
hoof of the said C. D. his executors and administrators,
to ask, demand, sue for, levy, recover, receive, com-
pound, acquit, release and discharge the said debt or
or sum of £- and every or any part or parcel there-
of; and upon receipt of the same or any part thereof,
acquittances or other sufficient discharge to make and
give, and generally for me the said A. B. and in my name,
or in the name of my executors or administrators, to make
do, perform and execute all and every such further and
other acts, matters and things, touching and concerning
the premises, as to the said C. D. his executors or ad-
ministrators, shall seem requisite or necessary, and that as
fully and effectually as if I myself, my executors or ad-
ministrators, were personally present. AND I the said
A. B. do hereby covenant that I the said A. B.
my ex-
ecutors, administrators, or any other person or persons
by my order or for my use, shall not nor will accept, take
or receive the said debt or sum of £- hereby bar-
gained, sold and assigned, or mentioned so to be, or re-
voke or make void these presents, or any proviso or au-
thority hereby given, whereby or by reason whereof the
said C. D. his executors, administrators or assigns, shall
or may be hindered or prevented in or from the recovering
or receiving the said debt or sum of £ hereby as-
signed, or any part thereof, or such other satisfaction as
can or may be had or obtained for the same, to his and
their own use and benefit for ever. AND FURTHER,
That I, the said A. B. my executors and administrators,
shall and will at all times hereafter, at the request of the
said C. D. his executors, administrators or assigns, make,
do and perform all such further and other acts and things as
shall be reasonably required for the proving the said debt,

and the better and more effectually enabling him the said A. B. his executors, administrators or assigns, to recover, receive, and enjoy the said debt, or sum of £- according

to the true intent and meaning of this assignment, PROVIDED ALWAYS, That if I, the said A. B. my executors or administrators, shall well and truly pay unto the said C. D. his executors, administrators or assigns, the said sum of £, so due and owing unto the said C. D. as aforesaid, within calendar months from the day of the date hereof, with legal interest for the same, then this present assignment, and every article and clause herein contained, shall be null, void, and of no effect, any thing herein contained to the contrary thereof in any wise notwithstanding. IN WITNESS, &c.

ASSIGNMENT OF EFFECTS, &c.

Creditors 2d.

Assignment of Merchants' effects in trust to pay creditors. THIS INDENTURE Tripartite, made, &c. BETWEEN A. B. and I. P. of London, merchants and partners of the first part; W. H. of &c. and T. Merchants 1st C. of &c. Esq. executors of the last will and testa- part. ment of R. C. late of &c. merchant, deceased, I. C. of &c. G. W. of &c. W. L. of &c. &c. &c. creditors of the said A. B. and I. B. of the second part, and S. B. of Trustees 3d. London, merchant, of the third part. WHEREAS the said A. B. and I. P. stand indebted to their said creditors, chants are indebtparties hereto, in several considerable sums of money: ed; and sets forth AND WHEREAS the said A. B. and I. P. are possess-effects and debts ed of and entitled unto the several household goods, goods due them. in trade, wares and merchandises mentioned in the first schedule hereunder written, and there are divers debts and sums of money due and owing unto the said A. B.

Recites that mer

schedule of their

with great losses

and I.P. from sundry persons, the particulars whereof and And having met also the persons' names from whom the same are respec- are unable to pay tively owing are mentioned and set down in the second creditors. schedule hereunder written: AND WHEREAS the said A. B. and I. P. having met with great losses and misfortunes in their trade, and great part of their effects being detained in parts beyond the seas, are thereby rendered unable to pay their several creditors, parties hereto, their debts now due and owing unto them; but willing and desirous to pay and satisfy the same when and so soon as their affairs and circumstances will permit, having offered and proposed to their said creditors, who are par- pose to assign ties to these presents, to assign, convey, and make over over their propfor their use and benefit the said several household goods, goods in trade, wares and merchandises in the said first schedule mentioned, and the said debts or sums of money

Therefore pro

erty.

Witnesseth.

Assignment.

in the said second schedule mentioned, and all other the goods, chattels, debts, estate and effects whatsoever, which they the said A. B. and I. P. or either of them, is or are possessed of or entitled unto, in manner hereinafter mentioned and declared: And they, the said creditors, parties hereto considering the present circumstances and the posture and the situation of the affairs of the said A. B. and I. P. and to prevent as much as may be the diminishing their estate, in pursuing rigorous means for the recovery of their said debts, have accepted, and do hereby agree to accept of their said offer and proposal, subject nevertheless to the provisoes and agreements hereinafter mentioned. NOW THIS INDENTURE WITNESSETH, That the said A. B. and I. P. in pursuance of the said agreement, and for and in consideration of the sum of ten shillings of lawful money of Great Britain, to them the said A. B. and I. P. or one of them, in hand well and truly paid by the said S. B. at or before the ensealing Considerations. and delivery of these presents, the receipt whereof is hereby acknowledged, and for other good causes and considerations them thereunto especially moving, HAVE and each of them HATH, by and with the consent and at the nomination of the said several creditors, parties hereto, testified by their sealing and delivering of these presents, granted, bargained, delivered, assigned, transferred and set over, and by these presents DO, and each of them DOTH grant, bargain, deliver, assign, transfer and set over unto the said S. B. his executors, administrators and assigns, ALL and singular the said household goods, goods in trade, wares, merchandises, and debts mentioned and expressed in the said schedules hereunder written, and all notes, books, and papers of account, and other writings touching and concerning the same or any part thereof, and also all other the goods, chattels, wares, and merchandises, monies, debts, effects and estate of them the said A. B. and I. P. or either of them, whatsoever and wheresoever, or in or to which they or either of them are any ways interested or entitled, TO HAVE, HOLD, receive and enjoy all and singular the said household goods, goods in trade, wares, merchandises, debts, or sums of money, and all other the premises by these presents mentioned or intended to be bargained, sold, and assigned, unto the said S. B. his executors, administrators and assigns, as for his own proper goods, monies and estate, upon trust, and to and for the intents Upon trust to dis- and purposes hereinafter mentioned and declared conpose of goods collect in debts. cerning the same; that is to say, UPON this special trust and confidence, that he the said S. B. his executors and administrators, do and shall sell and dispose of all the

Habendum.

To trustee.

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