said his executors and administrators, attorney or attorneys irrevocable; and do give him and them full power and authority to institute any suit or suits against said and to prosecute the same, and any suit or suits which are now pending for any cause or causes of action, in favour of said against said to final judgment and execution; and any executions for the cause or causes aforesaid, to cause to be satisfied by levying the same on any real or personal estate of the said and the proceeds thereof to take and apply to his or their own use; and in case of levying said executions on any real estate, the said hereby empower the said his executors and administrators, to sell, and execute deeds to convey the same, for such price or consideration, and to such person or persons, and on such terms, as he or they shall deem expedient; or, if he or they prefer it, to execute any conveyances that may be necessary to vest the title thereof in him or them, as his or their own property; but it is hereby expressly stipulated that all such acts and proceedings are to be at the proper costs and charges of the said his executors and administrators without expense to the said And the said do further empower the said executors and administrators, to appoint such substitute or substitutes as he or they shall see fit, to carry into effect the objects and purposes of this authority, or any of them, and the same to revoke from time to time at his or their pleasure; the said hereby ratifying and con 'firming all the lawful acts of the said his his, &c., in pur suance of the foregoing authority. day of A.D. 18 WHEREAS the said part of the first part on or about and recovered a judgment in the costs, making together the sum of AND WHEREAS the said part of the first part ha agreed to ASSIGN THE SAID JUDGMENT and all benefit to arise therefrom either at law or in equity unto the said of the second part in manner hereinafter ex part pressed: NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of of lawful money of Canada to the said part of the first part in hand well and truly paid by the said part of the second part, at or before the execution hereof, the receipt whereof is hereby acknowledged the said part of the first part HA granted, bargained, sold, assigned, transferred and set over, and by these presents DO grant, bargain, sell, assign, transfer and set over unto the said part of the second part ministrators and assigns executors, ad ALL THAT THE SAID HEREINBEFORE MENTIONED JUDGMENT, and all and every sum and sums of money now due, and hereafter to grow due by virtue thereof, for principal, interest and costs, and all benefit to be derived therefrom, either at law or in equity, or otherwise howsoever : TO HAVE, HOLD, RECEIVE, TAKE AND ENJOY the same, and all benefit and advantage thereof, unto the said part and for of the executors, administrators and assigns, to and their own proper use and as and for and their own proper moneys and effects absolutely. of the first part hereby constitute the said part of the second part, executors and administrators, to be the true and lawful Attorney and Attorneys in the name of the of the first part, or otherwise, but at the AND the said part and appoint said part of the second part, executors and administrators, to ask, demand and receive of and from the said executors or admin istrators, the said judgment, debt, and premises hereby assigned, and on nonpayment of the same, or any part thereof, to obtain any execution or executions, or bring, commence and prosecute any action or actions, suit or suits, as well at law as in equity, for the recovery of the same, and to use all such other lawful remedies, ways and means, as the said part of the first part could or might have used or taken for the recovery of the same, and on receipt or recovery thereof to sign and give good and effectual receipt or receipts for the same, with full power from time to time to appoint a substitute or substitutes for all or any of the purposes aforesaid. AND the said part of the first part do hereby agree to ratify and confirm whatsoever the said part nant the first part one thou together do grant and assign unto the said Assignee. executors, administrators, and assigns, all and singular, the premises comprised in and demised by a certain Indenture of Lease, bearing date the day of sand eight hundred and and made between with the appurtenances to hold the same unto the said Assignee executors, administrators, and assigns, henceforth for and during the residue of the term thereby granted, and for all other the estate, term and interest (if any) of the said Assignor therein. Subject to the payment of the rent and the performance of the Lessees covenants and agreements in the said Indenture of Lease reserved and contained. And the said Assignor for heirs, executors and administrators, do hereby covenant with the said Assignee executors, administrators, and assigns that notwithstanding any act of the said Assignor he now H ha good right to assign the said Lease and premises in manner aforesaid. And that subject to the payment of the rent and the performance of the Lessees covenants, it shall be lawful for the Assignee executors, administrators and assigns, peaceably and quietly to hold occupy and enjoy the said premises hereby assigned during the residue of the term granted by the said Indenture of Lease, and receive the rents and profits thereof without any interruption by the said Assignor, or any person claiming under free from all charges and incumbrances whatsoever. And also that the said Assignor and all persons lawfully claiming under will, at all times hereafter, at the request and costs of the said Assignee executors, administrators, or assigns, assign and confirm to and them, the said premises for the residue of the said term as the said Assignee executors, administrators or assigns shall reasonably require. And the said Assignee for heirs, executors, and administrators, do hereby covenant with the said Assignor executors and administrators, that the said Assignee executors, administrators, and assigns, will, from time to time, pay the rent and observe and perform the Lessees covenants and conditions in the said Indenture of Lease, reserved and contained, and indemnify and save harmless the said Assignor, heirs, executors, and administrators, from all losses and expenses in respect of the non-observance or performance of the said covenants and conditions or any of them. In witness, &c. Signed, sealed,&c. (Usual Affidavit of Execution.) |