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ney and covenants by A. B. that he has not received, (Dividends.) &c., and for further assurance, with a covenant of indemnity to A. B. by C. D., for which see p. 265.]
In witness, &c.
An Assignment of Debt and Dividends under a Fiat
of Bankruptcy, in trust, for securing Costs to an Attorney.*
This indenture, made, &c., between A. B., of, &c., Parties. and C. D., of, &c., [the attorney of A. B.] Whereas Recital of the said A. B. stands justly and truly indebted un- assignor to the said C. D. in L.
and upwards, on the debted to as. balance of an account for moneys paid, laid out, and signee. expended, and for business done and performed, and for journeys taken for and on the bebalf of the said A. B., and in the prosecution of suits at law and in equity, and in the managing various matters on his behalf. And whereas the said A. B. is not at pre- Not able to sent able to pay the amount so now due and owing pay. from him to the said C. D., as aforesaid, and the said C. D., at the request of the said A. B., is about to pay various sums of money, and incur considerable expenses, for and on the behalf of the said A. B., which it will not be in the power of the said A. B. for some time to come to repay. And whereas the Debt proved said A. B., as one of the creditors of E. F., of, &c., under the
fiat. a bankrupt, hath proved a debt under the fiat now in prosecution against him, the said E. F., to the amount of L. . , on which no dividend hath yet been made. And whereas, in order to secure to the said Agreement to C. D. the payment of the balance now due and ow- assign. ing to him from the said A. B., with interest for the same, and to afford a security for the due payment of any sums of money and expenses which may be hereafter paid or incurred by him, for or on account of the said A. B., he, the said A. B., hath
* Attorneys cannot take securities from their clients for future costs. Jones v. Tripp, Jac. 322; Williams v. Pigott, Id. 598. Ex parte Laing, 2 Mont. and A 381.
Dividends.) proposed and agreed to assign and make over to him,
the said C. D., the said debt so as aforesaid proved by him against the estate of the said E. F., and all dividends which may be due or become payable on
account thereof, upon the trusts and in manner Witnesseth, hereinafter mentioned. Now, this indenture wit
pesseth, that, in pursuance of the said agreement, and
in consideration of the premises, and in consideration The assign- of 10s. of, &c., by the said C. D. to the said A. B., ment.
at, &c., the receipt, &c., he, the said A. B., hath bar-
after expressed and declared, of and concerning the Power of at- same. And for the better enabling him, the said torney. C. D., his executors, administrators, and assigns, to
receive the said sum and sums of money, hereinbe. fore expressed to be hereby assigned to him, the said A. B., doth hereby irrevocably make, nominate, constitute, and appoint the said C. D., his executors, administrators, and assigns, to be the true and lawful attorney and attorneys of him, the said A. B., to ask, demand, sue for, recover, and receive the said debt
or sum of L.
, and all dividends whatso- (Divi iends.) ever, which shall or may become payable in respect thereof; and on receipt thereof, or of any part thereof, to give any receipt or receipts, acquittances, releases, or discharges for the same, as the case shall require; and to bring, commence, and prosecute any action, suit, or other proceeding whatsoever, for recovering and compelling payment thereof. And also to adjust, settle, compound, and compromise all accounts, reckonings, matters, and things whatsoever relating to the said debt, dividends, and premises, or any of them; and for all and any of the purposes aforesaid to use the name of the said A.B., and generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, relating to the premises, as fully, to all intents and purposes, as he, the said A. B., his executors, administrators, and assigns, could do, or might have done, if personally present, and these presents had not been made. And whatsoever, &c. And it is hereby declared and Declaration agreed, by and between the said parties hereto, that of the trusts. the assignment hereby made of the said debt, sum and sums of money, dividend and dividends, and the power hereinbefore given to the said C. D., his executors, administrators, and assigns, is so made and given to him and them, and that he and they shall and will receive, and stand possessed of, all sum and sums of money which may become payable on account of the said debt or sum, or the dividend or dividends thereof; upon the trusts, and for the purposes hereinafter mentioned, expressed, and declared, of and concerning the same ; (that is to say,) upon To retain
costs. trust, that he, the said C. D., his executors, administrators, and assigns, do and shall thereout retain and reimburse himself or themselves, all costs, charges, and expenses whatsoever, which he or they shall or may, from time to time, be put unto or sustain, in or about the execution of the trusts hereby reposed in And also his him and them; and also the said debt or sum of said
said debt of L.
(Dividends.) L. so as aforesaid now due and owing to him,
the said C. D., from the said A. B., together with lawful interest for the same from the day of the date hereof. And, in the next place, do and shall, in like manner, retain and reimburse himself and themselves all sum and sums of money and expenses which he, the said C. D., may from time to time pay, be put unto, or incur, to, for, or on account of the said A. B.; and when and so soon as all such sum and sums of money shall have been fully paid off and discharged, then, upon this further trust, that he, the said C.D., his executors or administrators, shall and will stand possessed of all the residue of the moneys which shall have been, or shall thereafter be, received by virtue of these presents, for the benefit of the said C. D., his executors, administrators, or assigns, and shall and will
pay over the same to him or them accordingly. Covenants. [Add a covenant from A. B., that he had done no
act whereby his right to the said debt or sum and dividends were incumbered, and a covenant for better assuring, &c. See page 265.] In witness, &c.
(Stock in the An Assignment of Stock in the Funds, (bequeathed
under a Will.) This indenture, made, &c., between (assignor,) of the one part, and (assignee,) of the other part. [Recites a will, whereby the stock is given to (assignor,) &c. Recites that all the debts and funeral and testamentary expenses of the said testator, and the legacies bequeathed by his said will, have been fully paid and satisfied out of his personal es. tate. And recites, that the said (assignor) is indebted unto the said (assignee) in the sum of L. ; and for securing the same, he hath agreed to assign unto the
said (assignee) the said stocks, funds, and securities, Witnessing in manner hereinafter mentioned.] Now, this inden
ture witnesseth, that, in pursuance of the said agreement, and for carrying the same into execution, and in consideration of the sum of five shillings by the said
(assignee) to the said (assignor) in hand paid, &c., (Stock in the the receipt, &c., he, the said (assignor,) hath granted, funds.) bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., unto the said assig. The stock nee, his executors, administrators, and assigns, all assigned. that the said sum of L. 3 per cent. consolidated bank annuities, now standing in the name of, &c., in the books of the Governor and Company of the Bank of England, or other the stocks, funds, and securities into or upon which the same is invested, and all the interest, dividends, and annual produce due and payable in respect thereof, or any part thereof respectively, and all the right, title, interest, possibility, property, claim, and deinand whatsoever, both at law and in equity, of him the said (assignor,) in, to, from, out of, or upon the same, and every part thereof. To have and to hold the said stock, Habendum. funds, and securities, and all and singular other the premises hereinbefore assigned, or intended so to be, unto the said (assignee,) his executors, administrators, and assigns. But nevertheless, upon and The trusts. for the trusts, intents, and purposes hereinafter declared and contained, of and concerning the same; (that is to say,) upon trust that the said (assignee,) or his executors, administrators, and assigns, do and shall, as soon as conveniently may be, absolutely sell and dispose of the said stock, funds, and securities, or so much or such part or parts thereof as he or they shall think fit and sufficient, and do and shall apply and dispose of the money so to be raised as aforesaid in payment and satisfaction of all such costs, charges, and expenses as aforesaid, which the said (assignee) shall be put to in the execution of the trusts hereby declared ; and then, in the next place, in payment and satisfaction to him, the said (assignee,) his executors, administrators, and assigns, of the said L. so due and owing as aforesaid, with interest for the same at the rate of, Trusts of &c. And it is hereby agreed and declared, that, it
wal, ing undispo. subject to the trusts hereinbefore mentioned con- sed of.