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(Debt.)

(Bond.)

Parties.

Recitals.

If a judg

ment was obtained.

after, save, defend, keep harmless, and indemnified,
the said A. B., his heirs, executors, and administra-
tors, of, from, and against all costs, charges, dama-
ges, 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 exe-
cutors or administrators, by virtue of these presents,
or of any power or authority herein contained.
In witness, &c.

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

This indenture, made, &c., between A. B., (assignor,) 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 warrant of attorney, recite the same; or, if judgment was obtained, in an action of debt upon the bond, recite 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, 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 to be had or derived thereupon. [If the assignment be of a judgment recovered on the bond, say, "all that the said bond or obligation of the said (obligor,)

Operative part.

of bond.

If a judg

ment.

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 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. (If a judgment, recovered on the said bond, If a judgbe also assigned, the covenant will be, “that the said 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 and premises, unto, &c. And that the said A. B. Will not rewill not receive the money, or prejudice the assignment. And for further assurance "for the better, Further as&c., assigning the said bond or obligation, and other surance.

money,

subsisting.

ment.

assign.

ceive money.

(Bond.)

(Bond and

warrant of attorney.) Parties.

Recitals.

Operative part.

the premises aforesaid, unto," &c. If the bond be
accompanied by judgment, add, "and for confirming
all actions, suits, executions, and other lawful pro-
ceedings whatever which shall or may be had, pro-
secuted, or sued out against the said (debtor,) his
heirs, executors, or administrators, or his, or their, or
any of their lands, tenements, goods, or chattels, in
the name of him, the said A. B., upon or by virtue
thereof;" then add the usual covenant of indemnity
by the assignee to the assignor; for the form of
which, and the foregoing covenant, see the preceding
precedent, p. 262, which will be applicable, with
slight variations, to whatever the nature of the bond,
&c., may be that is intended to be assigned.]
In witness, &c.

Assignment of a Bond and Warrant of Attorney prior to the day appointed for Payment.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. [Recite the bond and warrant of attorney, see Recitals.] And whereas the said judgment has not yet been entered up in pursuance of the said warrant, but the said C. D. hath agreed to advance to the said A. B. the said principal sum secured by the said bond and warrant of attorney; and the judgment to be entered up thereon as hereinafter is mentioned. Now, &c., that for and in consideration of, &c., by, &c., to, &c., the receipt, &c., he, the said A. B., hath assigned, transferred, and set over, and by these presents doth, &c., all that the hereinbefore in part recited bond or obligation, and also the said warrant of attorney to enter up judgment thereon, together with the said judgment when so entered up, and all and every the principal and interest moneys now due, or to become due upon, or by virtue thereof, and all benefit, &c., to be had, &c., by virtue of the said bond, warrant of at

Pp. 21-25.

torney, and judgment, or any or either of them, or (Bond and any process, extent, or other execution to be there- warrant of attorney.) upon had, sued out, or executed, and all the right, &c., of, in, or to the said bond, warrant of attorney, judgment, moneys, and premises, and every of them. To have, hold, receive, take, and enjoy the said bond, Habendum. warrant of attorney, judgment, and all and singular the moneys and premises hereby assigned, or intended so to be, unto and by him, the said C. D., his executors, administrators, and assigns, from henceforth to and for his and their own use and benefit for ever. And for the better, &c. [Add a power of attorney Power of to receive the money, as in p. 263," to demand and attorney. receive of and from the said (obligor,) his heirs, executors, or administrators, the said principal sum of, &c., and the interest thereof, as and when the same shall respectively become due and payable under and by virtue of the said bond, warrant of attorney, and judgment, or either of them, and all costs," &c.; and Covenants. with covenants that the bond and warrant of attorney is in full force, and that the assignor hath not received any part of the said moneys, nor will receive the same, nor revoke these presents; and for further assurance; and concluding with the covenant of indemnity by assignee to assignor against costs, &c.]"

In witness, &c.

Parties.

An Assignment of a Debt due upon a Judgment. (Debt upon This indenture, made, &c., between, &c. [Recite judgment.) the judgment being obtained, (see Recitals, p. 22,) and the contract for the assignment, p. 19.] Now, Operative &c., in consideration of, &c., to, &c., he, the said as- part. signor, hath bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., all that the hereinbefore in part recited judgment, and all and every sum and sums of money whatsoever, now or hereafter to become due upon or by virtue thereof,

"See pp. 88, 101, 264.

(Debt upon judgment.) Habendum.

Power of attorney.

(Bond and judgment.)

Parties.

Recitals.

Operative part.

and to be had or arise from or by any execution to be issued or sued out thereupon, and all benefit, &c. To have and to hold the said judgment, and other the premises hereby, &c., unto the said (assignee,) his executors, administrators, and assigns, to and for his and their own use and benefit. And for the better enabling, &c., to enforce the payment of the said sum of, &c., due upon the said judgment, he, the said (assignor,) hath made, &c., and upon payment to acknowledge satisfaction upon record of the said judgment, and to make or give any other release, &c. [Add the same covenants as in the preceding precedent.] In witness, &c.

Assignment of a Bond and Judgment by Husband and Wife, by way of Mortgage or Security. This indenture, made, &c., between A. B., of, &c., and M. his wife, (late M. C., spinster,) of the one part, and C. D., of, &c., of the other part. [Recite the bond, and also the warrant of attorney, if any: see Recitals.] And whereas default was made in payment of the said sum of, &c., and interest, on the day mentioned in the condition of the said in part recited bond. [If a judgment was obtained upon the same, recite such judgment: see Recitals.] And whereas the said A. B. intermarried with the said M. B. on, &c. And whereas the said A. B., having occasion for the sum of L. , hath requested the said C. D. to advance the same, and he hath agreed so to do, on having the said recited bond or obligation, together with the said judgment, assigned to him as a security for the repayment of the same. Now, &c., that in consideration of, &c., to the said A. B., and M. his wife, or one of them, in hand paid, &c., by, &c., the receipt, &c., he, the said A. B., and M. his wife, have granted, bargained, sold, assigned, transferred, and set over, and by these presents do, &c., all that the hereinbefore recited bond, &c., sums of money, &c., together with the said judgment so recovered, &c., and all benefit, &c.; to have, &c., the

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