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to him the said debt, in consideration of the sum of, &c. Now, THIS INDENTURE WITNESSETH, that, in Operative pursuance of the said agreement, and in considera- part. tion, &c., the receipt, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said C.D., his executors, administrators, and assigns, all that the said debt or sum of L. so now due and owing unto him the said A. B. by the said E. F.. and all the estate, right, title, interest, claim, and demand whatsoever, both at law and in equity, of him the said A. B., of, in, or to the same or any part thereof; to have, hold, receive, and take the said debt or sum of, &c., and other the premises hereby assigned, or mentioned, or intended so to be, unto and by him the said C. D., his executors, administrators, and assigns, to and for his and their own proper use and benefit. And for the better and more effec- Letter of attually enabling the said C. D., his executors, admi- torne

(Debt.) nistrators, and assigns, to enforce the payment of, and receive the said assigned premises, he, the said A. B., hath made, deputed, constituted, and appointed, and by these presents doth irrevocably make, depute, constitute, and appoint the said C. D., his executors, administrators, and assigns, his true and lawful attorney and attorneys, for him, the said A. B., and in his name, and in the name or names of his executors or administrators, but for the sole and proper use and benefit of the said C. D., his execu

9 The habendum, with a short power of attorney in regard to any personalty, may run thus : “ To have and to hold, &c., together with full power and authority, (which the said A. B. doth hereby give and grant to and for the said C. D., his executors, administrators, and assigns,) in the name of the said A. B., to ask, demand, sue for, recover, receive, sign, and give full and absolute acquittances and discharges in writing for the said, &c., and other the premises hereby assigned, as and when the same shall become due or payable."

(Debt.) tors, administrators, and assigns, to demand, sue foi

recover, and receive from the said E. F., and all an every other the person or persons to whom it shal and may belong to pay the same, the said debt o sum of L. , together with all and every thi sum and sums of money from time to time to grow due or be payable in respect thereof; and upon non payment thereof, to use and take all such lawful and equitable ways and means for obtaining or recover ing the same, as shall be deemed necessary or expedient in that behalf; and on payment thereof, to give sufficient releases and discharges for the money due thereon: and one or more attorney or attorneys, under him the said C. D., his executors, administrators, or assigns, for any of the purposes aforesaid, to nominate, substitute, or appoint, and from time to time to remove and displace, as he or they shall think fit; he the said A. B. hereby transferring and giving unto the said C. D., his executors, administrators, and assigns, his full and whole power and authority in the premises to every intent and purpose, and ratifying and confirming, and promising and agreeing to ratify and confirm, all and whatsoever he or they shall lawfully do, or cause to be

done in or about the premises, by virtue of these Covenant by presents. And the said A. B., for himself, bis heirs, assignor

teht executors, and administrators, doth hereby covenant, that the debt is subsisting. promise, declare, and agree, with and to the said

C. D., his executors, administrators, and assigns, in manner following; (that is to say,) that for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said A. B. made, done, committed, or suffered to the contrary, the said debt or

sum of L. is still due and owing to him the Good right to said A. B.; and that for and notwithstanding any assign. such act, deed, matter, or thing, as aforesaid, he,

the said A. B., at the time of the sealing and delivery of these presents, hath in himself good right, and full and lawful power and authority to assiga

and transfer the said debt or sum of L. and pre- (Debt.) mises unto the said C. D., his executors, administrators, and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. And that he, the said A. B., his executors or will not readministrators, shall not, nor will at any time here- ceive the debt. after, revoke, annul, or make void the aforesaid power or authority hereby given to the said C. D., his executors, administrators, and assigns, or receive the said debt or sum of L. , or any part thereof, or make, do, execute, or knowingly occasion or suffer any act, deed, matter, or thing whatsoever, whereby, or by means, or in consequence whereof, the said C. D., his executors, administrators, or assigns, shall or may be prevented or hindered from recovering, enforcing payment of, or receiving the same, or any part thereof. And also, that he, the Further assaid A. B., bis executors and administrators, shall surance. and will, at any time or times hereafter, at the request and expense of the said C. D., his executors, administrators, and assigns, do and execute all such further and other lawful and reasonable acts, deeds, matters, assignments, and things whatsoever, not only for the better and more effectually and satisfactorily assigning the said debt or sum of L. unto the said C. D., his executors, administrators, and assigns, but also for assigning the same unto any other person or persons whomsoever, and enabling the said C. D., bis executors, administrators, and assigns, or such person or persons, to recover and receive the same, to and for his and their own proper use and benefit, or otherwise, as by him or them, or his or their counsel in the law, shall be reasonably advised or required. And the said C. D. doth hereby for Covenant by himself, his heirs, executors, and administrators, co-assigned to

indemnify venant, promise, and agree with and to the said A. assignor. Bu, his executors, administrators, and assigns, in manner following ; (that is to say,) that he, the said C. D. his executors, administrators, and assigns, shall and will, from time to time, and at all times here

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after, save, defend, keep harmless, and indemnified, the said A. B., his heirs, executors, and administrators, of, from, and against all costs, charges, damages, and expenses whatsoever, which shall or may be recovered against, or in any manner become payable by the said A. B., his executors or admi. nistrators, for or by reason or means of any action, suit, or other legal or equitable proceeding, which shall or may be brought or prosecuted by him, the said C. D., his executors, administrators, or assigns, in the name or names of him, the said A. B., his executors or administrators, by virtue of these presents, or of any power or authority herein contained.

In witness, &c.

Recitals.

(Bond.) Assignment of a Bond, (with Instructions as to

Variations.) Parties. This indenture, made, &c., between A. B., (as

signor,) of the one part, and C. D., (assignee,) of the other part. [Recite the bond, of whatever description it may be, and if a judgment be obtained by a war

rant of attorney, recite the same; or, if judgment was If a judg obtained, in an action of debt upon the bond, rement was obtained.

cite it as such : for forms, see Recitals.] And whereas there remains due to the said A. B. the sum of, &c., for principal and interest on the said bond; and whereas the said A. B., in consideration of the sum of, &c., hath agreed to assign the said recited bond and all principal and interest moneys thereby secured. Now, &c., that in pursuance of the said agreement, and in consideration of the sum of, &c., in hand well and

truly paid by the said C. D., at, &c., the receipt, &c., Assignment he, the said A. B., hath bargained, sold, assigned, of bond.

transferred, and set over, and by these presents doth, &c., all that the hereinbefore recited bond or obligation of the said (obligor,) and also all that the penal

sum, and also all benefit and advantages whatsoever If a judg to be had or derived thereupon. [If the assignment ment.

be of a judgment recovered on the bond, say, "all that the said bond or obligation of the said (obligor,)

Operative part.

together with the judgment recovered thereon as (Bond.) aforesaid, and all benefit and advantage to be had or derived therefrom, or from any process, extent, or other executions or execution to be thereupon had, sued out, or executed ;] and all the right, title, in- Habendum. terest, &C., to have and to hold the said bond or obligation, penal sum, and other the premises hereby assigned, or intended so to be, unto the said C. D., his executors, administrators, and assigns," to and for his and their own proper use and benefit. And for the better enabling, &c., to receive the Power of atmoneys due, or to become due, on the said bond, he, torney. the said A. B., hath made, &c. [Add a power of attorney, similar to the preceding precedent, (p. 263) for recovering the money,] upon or by virtue of the said bond, and on payment thereof, to deliver up or cancel the said bond, and to give sufficient releases and discharges for the moneys due thereon, [If the bond be accompanied by a judgment, say, "and to acknowledge, or cause to be acknowledged, satisfaction upon the said judgment;”] and one or more, &c., to appoint, &c. [Then add covenants from A. B., that Covenants the said bond or obligation hereby assigned, or in- that bond is

subsisting. tended so to be, is still subsisting and in force; and that the sum of, &c., thereby secured, as hereinbefore mentioned, is still due and owing to him, the said A. B. (1f a judgment, recovered on the said bond, If a judgbe also assigned, the covenant will be, “ that the said

bih ment. bond or obligation and judgment hereby assigned, or intended so to be, are still subsisting and in force, and that the same, or either of them, or any execution or other remedy to be had or issued by virtue thereof, are not in anywise defeated or prevented.") And that the said A. B. hath power to assign and Power to transfer the said bond or obligation, sum of money, assign. and premises, unto, &c. And that the said A. B. Will not rewill not receive the money, or prejudice the assign- ceive money. ment. And for further assurance “ for the better, Further as&c., assigning the said bond or obligation, and other si

surance.

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