ASSIGNMENTS.

Bond.

Covenant by as

signee to indemnify assignor from costs &c.

Stamp.

ministrators and assigns, to recover, receive and get in the same, as he or they, or his or their counsel, shall reasonably advise and require. AND the said (assignee), for himself, his heirs, executors, administrators and assigns, DoтH covenant, promise and agree, to and with the said (assignor), his executors, administrators and assigns, by these presents, that he the said (assignee), his executors, adminis trators and assigns, or some or one of them, shall and will from time to time, and at all times hereafter, well and sufficiently save and defend, keep harmless and indemnified the said (assignor), his executors and administrators, and his and their goods and chattels, lands and tenements, of, from and against all costs, damages and expences which shall or may happen or come to him or them, for or by reason or means of any action or actions, suit or suits, or other proceedings whatsoever, to be had, made, brought or prosecuted by him the said (assignee), his executors, administrators or assigns, in the name of the said (assignor), his executors or administrators, by virtue of any power or authority herein or hereby given. IN WITNESS, &c.

**Ad valorem duty on the consideration for the assignment.

No. CXXXI.

*An Assignment of Indentures of Clerkship (1).

Variation where the Assignment is by the Executors of the deceased

Master. (2)

ASSIGNMENTS.

Clerkship.

THIS INDENTURE made the

day of

of Parties.

in the year of our Lord 18 BETWEEN (the former master) (3) of, &c. the first part, (the father of the clerk) of, &c. and (clerk), son of the said (father) of the second part, and (the new master) of, &c. of the third part. WHEREAS by articles of clerkship bearing date the which was in the

,

year

day of and made or expressed to be made between the said (father of the clerk) and (clerk) of the one part, and the said (former master) of the other part, the said (clerk) was placed with the said (former master) as his articled clerk, to be taught and instructed in the profession or practice of an attorney and solicitor, for the term of five years thence next ensuing, under and subject to the several terms, covenants, and conditions therein contained (4). AND WHEREAS the

(1) See ante, No. CXXV. p. 438, notes.

Recital of articles of clerkship.

(2) By 22 Geo. 2. c. 46. it is enacted, with respect to articled clerks, Articled clerks that if the master shall die, or discontinue to practise, or the contract assignable by be cancelled by consent, or the clerk be discharged by rule of Court, statute. such clerk may be bound to another master for the remainder of the

term.

(3) If the assignment be by the executor of the deceased master, say, Assignment by (The executor) of, &c. executor of the last will and testament

66

of (the former master), deceased, of the first part.”

executor of former master.

(4) If the apprentice be assigned by the executor of his deceased Assignment by

master, say,

day of

"AND WHEREAS the said (former master) departed this life on or about the last past, having first made and duly published his last will and testament in writing, and appointed the said (executor) the sole executor thereof. AND WHEREAS the said (clerk), at the time of the decease of the said (former master),

executor.

ASSIGNMENTS.

Clerkship.

Recital of service for part of the term.

WITNESS. Former master assigns

years

said (clerk) hath served with the said (former master) of his said apprenticeship, and it hath been agreed by and between the said parties hereto, that he shall be assigned over unto the said (new master) for the residue of the said term of five years now to come and unexpired. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, HE the said (former master), at the request, and with the consent and approbation as well of the said (father) as of the said (clerk), testified by their respectively being parties to, and signing and sealing these presents, HATH assigned, transferred, and set over, and by these presents DoTH assign, transfer, and set over unto the said (new master) the hereinbefore in part recited indenture of clerkship, and all benefit and advantage whatsoever incident thereto, and also all and all manner of interest, property, profit, or advantage, claim and demand whatsoever of him the said (former master), of, in, or to the same, and the service or duty of him the said clerk) during the residue and remainder now to come and unexpired or the said term of five years, under or by force or virtue of the said hereinbefore in part to new master. recited indenture of apprenticeship, or otherwise howsoever, To HAVE AND TO HOLD the said HOLD the said in part recifed indenture of clerkship, and all the right, title, interest, term, benefit, claim, and mand whatsoever, of him the said (former master), of, in, or to ti. ne, and to the service or duty of the said (clerk) under the same, to the said (new master), his executors, administrators, and assigns, from henceforth, for and during all the residue and remainder of the or may yet to come and be unexpired, and that in as ample and beneficial a manner and form, to all intents and purposes whatsoever, as he the said (former master) might, could, or ought to have holden and enjoyed the same, by force or A virtue of the hereinbefore in part recited indenture of clerkship, Covenant by or otherwise howsoever, if these presents had not been made. And the said (new master), for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (father) and (former master) respectively, and their respective executors and administrators, in manner following, (that is

new master to instruct apprentice.

A

term of five years, which is,

had served

عنب

03

years and upwards of his said clerkship under the said in part recited articles. AND WHEREAS the said (intended 'master), at the request of the said (executor), hath agreed to take the said (clerk) as his clerk for the residue of the said term of five years now to come and unexpired.”

ASSIGNMENTS.

Clerkship.

former and in

of service.

to say), that he the said (new master) shall and will, at all times during the residue of the said term of seven years now to come and unexpired, teach and instruct, or cause to be taught and instructed, according to the best of his skill and knowledge, the said (clerk) in the said profession or practice of an attorney and solicitor, and all and every the matters and things incident or relating thereto, and perform and observe all and every the covenants, clauses, provisoes, and agreements in the said in part recited indenture of clerkship contained on the part and behalf of the said (former master), his executors and administrators, to be performed and observed; and save, defend, keep harmless, and indemnified, the said (former master), his executors and administrators, of and from the same and every of them respectively. AND lastly, each of them the said (former Covenant by master) and (new master) doth hereby, for himself, his heirs, tended master to executors, and administrators, covenant, promise, and agree with and make affidavits to the said (father), his executors and administrators, and also with and to the said (clerk) in manner following (that is to say), that they the said (former master) and (new master) shall and will, at the expiration of the said term of five years, and at the request, costs, nd charges of the said (clerk), make several affidavits of the rk) res ve times of service of him the said (clerk) with them the sar (former master) and (new master), and also do all such other acts as shall be requisite or expedient for the purpose of getting him the said (clerk) admitted as an attorney or solicitor in all, any or either of his Majesty's courts at Westminster, or of such other court in or of which he the said (clerk) shall think fit to be admitted an attorney or solicitor (1). AND the said (father) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said (new master), his executors, administrators, and assigns, in manner following (that is to say), that the said (clerk) shall and will at all times during the residue and remainder now to come and unexpired of the said term of five years, well, truly, and faithfully serve the said (new master) as an apprenticed clerk in the said profession or practice of an attorney and solicitor, in like manner in all respects as he is or was bounden to serve the said (former master) in or by the hereinbefore in part re

(1) If the assignment be by the executors of a deceased master, and there be any interval between the death of the old master and the assignment to the new, the court will not allow the clerk to be admitted until he has served out the time lost with the new master. See 2 Chitty Rep. 61.

SUP.-VOL. I.

I I

Covenant by

father for son's

due service.

ASSIGNMENTS.

Clerkship.

cited indenture; and that he the said (father) shall and will perform and observe all and every the covenants and agreements therein contained on his part and behalf to be performed and observed, in like manner as if the same had been again repeated or contained in these presents. IN WITNESS, &c.

Stamp.

By 55 Geo. III. c. 184., a stamp duty of £1 15s. only is neces sary in an assignment of a contract under which a clerk is to serve for the residue of the term for which he was originally bound, in consequence of the death of his former master, or any other event; and the like stamp is required for a counterpart; see the schedule to the above act, post. Vol. III., head" STAMP".