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(Bond.)

the premises aforesaid, unto,” &c. If the bond be accompanied by judgment, add, “ and for confirming all actions, suits, executions, and other lawful proceedings whatever which shall or may be had, prosecuted, 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.

(Bond and warrant of attorney.) Parties.

Recitals.

Operative part.

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.

judgment.)

Parties.

An Assignment of a Debt due upon a Judgment. (Debt upon

This indenture, made, &c., between, &c. [Recite 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 bereafter to become due upon or by virtue thereof,

" See pp. 88, 101, 264.

(Debt upon judgment.) Habendum.

Power of attorney.

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.

(Bond and judgment.)

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, assignedl, 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

Parties.

Recitals.

Operatire

part.

said judgment, &c., sums of money, &c., hereby, &c., (Bond and unto and for the only use and benefit of the said judgment.)

Habendum. C. D., his executors, &c., in as full and ample man-" ner, to all intents and purposes, as, &c. [Then add Proviso. a proviso for making void the deed on payment of the money by a certain day, and that then the said C. D., his executors, &c., “ will deliver up the said bond or obligation and judgment, and these presents are to be cancelled and made void," any thing to the contrary, &c.: see mortgage provisos.] And the said A. B., and M. his wife, do hereby con- Power of atstitute the said C. D. his and their, &c. [Add a torney. power of attorney, also a covenant from A. B. and his wife for payment of the money, as in a mortgage ; and that the bond is still subsisting, and for further assurance, as in the preceding precedent.] In witness, &c.

Assignment of a Mortgage Bond by Indorsement.

To all to whom, &c. Whereas [recite the amount due 'on the bond.] Recitals. Now, these presents witness, that the said A. B., in Operative consideration of the premises, and to the intent that part. the within-written bond may be assigned and kept on foot, and that the said C. D. may have the full benefit thereof, he, the said A. B., doth assign, transfer, and set over the within-written bond, and all sum and sums of money thereby secured, and now due or to become due and payable by virtue thereof, and all benefit and advantage whatsoever in respect to the same; and the said A. B. doth hereby authorize the Power of at. said C. D., his, &c., in his name to ask, demand, sue torney. for, recover, and receive all principal and interest money due and to become due by virtue of this bond, and to take all legal means for recovering and receive

* This precedent may be framed in trust with the declaration, &c., as in p. 275.

ing, and also for discharging the same, as fully and effectually, to all intents and purposes whatsoever, as he, the said A. B., could or might have done, if these presents had not been made. In witness, &c.

(Dividends.)

Parties.

Recitals.

Operative part.

An Assignment of Dividends under a Fiat of

Bankruptcy. This indenture, made, &c., between A. B., of, &c, of the one part, and C. D., of, &c., of the other part. Whereas a fiat in bankruptcy, bearing date, &c., hath been awarded and issued against E. F., of, &c., under which he hath been duly adjudged a bankrupt. And whereas the said A. B. hath come in and proved a debt of, &c., under the said fiat, as due to him from the said E. F., but hath not yet received any dividend from the estate and effects of the said (bankrupt) in respect thereof. And whereas the said C. D. hath agreed with the said A. B. for the purchase and assignment of the divi. dends thereupon for the sum of, &c. Now, &c., in consideration, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and, &c., all that the said debt or sum of, &c., so due to him, the said A. B., from the said (bankrupt.) and provedl under the said in part recited fiat, as hereinbefore is mentioned, and all and every the security and securities for the same, and all and every the sum and sums of money which shall or may be paid or payable by way of dividend upon, or in respect of, the same, under or by virtue of the said fiat, or other. wise howsoever, and all powers, remedies, and lawful means for the recovery thereof, and all the right, &c.; to have and to hold, receive, perceive, take, and enjoy all and every the said sum or sums of money, dividends, and premises hereinbefore assigned, or otherwise assured, or intended so to be, with the appurtenances, unto and by the said C. D., his executors, administrators, and assigns, to and for his and their own use and benefit. [Add a power of attor

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