Habendum.

said judgment, &c., sums of money, &c., hereby, &c., (Bond and unto and for the only use and benefit of the said judgment.) C. D., his executors, &c., in as full and ample manner, 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 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.

torney.

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 atsaid 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 receiv

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

(Dividends.)

Parties.

Recitals.

Operative part.

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.

An Assignment of Dividends under a Fiat of
Bankruptcy.

And

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. whereas the said C. D. hath agreed with the said A. B. for the purchase and assignment of the dividends 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 proved under the said in part recited fiat, as herein before 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 otherwise 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

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.*

being in

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 asbalance 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 behalf 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 a bankrupt, hath proved a debt under the fiat now in prosecution against him, the said E. F., to the amount

of L.

fiat.

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.

Witnesseth,

ment.

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 hereinafter mentioned. Now, this indenture witnesseth, 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., at, &c., the receipt, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over, and by these presents doth, &c., all that the said debt or sum of L. so as aforesaid due and owing to the said A. B. from the said E. F., and proved by him under the fiat of bankruptcy against the said E. F., as hereinbefore is mentioned, and also all and every other dividend and dividends, sum and sums of money, which shall or may be declared or become due and payable on account thereof respectively; and all the right, title, and interest of him, the said E. F., of, in, and to the same and every part thereof, and all powers and remedies for the recovering and enforcing payment of the same. To have, hold, receive, and take the said debt or sum, dividend or dividends, hereinbefore expressed to be hereby assigned, with all benefit and advantage thereof, and all power and remedies for recovering the same, unto the said C. D., his executors, administrators, and assigns, as and for his and their own moneys; upon the trusts, nevertheless, and for the purposes hereinafter expressed and declared, of and concerning the Power of at- same. And for the better enabling him, the said C. D., his executors, administrators, and assigns, to receive the said sum and sums of money, hereinbefore 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

Habendum.

torney.

or sum of L. and all dividends whatso- (Divi lends.) 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 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 debt of L.

costs.