Award under a Judge's Order. of the sd reference and having inspected the coptship bks of No. CXLIII. acct and having examined and duly considered the allegations vouchers proofs and witnesses of the sd pties resply do make and publish this my award of and concerning the preses that is to say I do award order and direct That all proceedings in the Award. sd cause shall cease and be no further prosecuted And that the £ sd C. D. shall pay &c. (as before, p. 311) which sd sum of day of A. B. a certain sum. or discharge all or any pt of the balances due to the crs of the sd firm of A. B. and C. D. then upon delivering to the sd A. B. C. D. to pay at the time and place afd proper rects and dischas for so much as he shall have so pd the same shall be taken and deemed as paymt of so much of the sd sum of £ as by the said rects and dischas shall be expssd to have been recd or orwise that he the sd C. D. shall pay the whole of the sd sum of to the sd A. B. who thereout shall pay and satisfy £ in the debts &c. such balances to the sevl psns as afd And I do furr award A. B. to collect order and direct That the said C. D. do and shall permit the sd A. B. to collect and rece for their jt use the sevl debts and sums of money as follow that is to say (here state the names of the several debtors to the firm and the amount of their debts) And I do furr award and direct That the said A. B. shall be at liberty to bring any action or actions either in his own name or in their jt names for the recovering of any debt or debts sum or sums of money hnbefe mentd But nevss if the sd A. B. shd bring any actions in the name of the sd C. D. witht his consent first had and obtained that then the said A. B. shall save harmless and indemnify the sd C. D. from all consequences chas and exps attending any such action if the same shd happen to fail and be fruitless And I do furr award order and direct That the sd A. B. shall not compound or compromise any action to be brought for the recovery of the sd debts or sums of money witht the consent of the sd C. D. in writing for that purpose first had and obtained And that the said A. B. shall within days after the payment of the sd sum of £ awarded at his own expence enter into and deliver a bond to SO Judge's Crder. No. CXLIII. the sd C. D. in the penalty of £ with a condon thereunder Award under a written for making the same void in case he the sd A. B. shall To give a bond give to the sd C. D. an acct of his proceedings in the collecting to C. D. that he of the sd outstanding debts from time to time within six weeks will account. after any request in writing so to do And shall also from time to time as the same debts are resply recd pay to the sd C. D. one moiety thof all rease exps attending the collecting and receiving of the same being first deducted And lastly I do hby award order and direct That each of the sd pties shall and do bear and pay his own costs of this reference And that the costs of this our award be pd in equal moieties betn them (a) In witness &c., see ante, No. XLVI. No. CXLIV. Under Lord Recital of Lord Award. C. D. to pay balance due to A. B. conveyance. No. CXLIV. Award under a Submission by Order of the Lord Chancellor. To all &c. see last precedent Whas by a certain order made by the Ld High Chancellor of Gt Brit on the day of in the yr of &c. in a certain cause depending in the High Ct of Chancery wherein A. B. of &c. was plff and C. D. of &c. deft it was ordered by consent of the pties and their counsel &c. among other things that the settlemt of the accts and all or. matters in difference betn the sd pties shd be referred to me the sd (arbitrator) Now know ye that I the sd (4.) having taken upon myself (see last precedent) do hby award adjudge and declare the balance due from the sd C. D. to the sd A. B. upon such settlmt to be the sum of £ which sd sum I do award order and direct that the sd C. D. do and shall days at the costs and conveye A. B. to execute expence of the sd C. D. exte such a good and effectual and assurance of the messe or tent in the occupation of the sd A. B. situated &c. to and for the use of the sd C. D. or as he (a) Where it is ordered by the rule of court, that the costs of the cause shall abide the event of the award, the arbitrator has no occasion to take notice of any costs but the costs of reference. shall direct and that he the sd C. D. shall upon the exon of the No. CXLIV. sd conveye pay unto the sd A. B. the sum of £ as a Under Lord conson for the same And lastly I do award &c. that the costs chas and exps of the suit and reference and also of this my Costs to be borne equally award which I do adjudge to amount in the whole to the sum by the parties. of £ shall be borne and pd by the sd pties in difference in equal moieties and proportions In witness &c. see ante, No. XLVI. No. CXLIV.-2. Award by an Umpire. No. CXLIV. 2. bonds to abide an award of To all to whom these Prests shall come We (arbitrators) of Recital of cross &c. send greeting Whas A. B. of &c. and C. D. of &c. coptnrs have mutually entered into and reciprocally exted bonds or obligations to each other bearg date &c. in the penal sum of day of arbitrators. £ conditioned that the sd pties shd in all things well and truly stand to abide observe perform fulfil and keep the award order final end and determination of (arbitrators) arbitrators indifferently chosen by the sd pties of and concerning all and all manner of action and actions cause and causes of action suits bills bonds specialties [covts contracts promises accts reckonings sums of money judgmts exons extents quarrels controversies trespasses] dams and demands whatsr both in law and equity committed or depending by or betn the sd pties so as the sd award shd be made on or before the But if the sd arbitrators shd not make such their award of and Or of umpire. concerning the sd differences by the time afd then if the sd pties shd in all things well and truly stand to abide observe perform fulfil and keep the award order arbitrament umpirage final end and determination of such psn as shd hrfr be chosen by the sd arbitrators so as the sd umpire shd make his award or umpirage of and concerning the same on or before the day of And whas the sd (4.) met upon the sd arbitration Appointment of and did not make their award by the time limited in and by the umpire. conditions of the sd bonds and in pursuance thof have chosen and appted me as umpire to settle and determine the matters Award by an Umpire. No. CXLIV. 2. in difference betn the sd pties. Now Know ye That I the sd (umpire) the umpire named and chosen as afd having taken upon me the burthen of the sd arbitration and having heard &c. of and concerning the sd disputes and differences betn them and fully considered the same do make this my award and umpirage in manner following that is to say I do award and order that the sd A. B. his exs or ads do and shall on the Award. A. B. to pay costs of a suit commenced by him. And costs of reference. day of between the hours &c. pay or cause to be pd unto the sd C. D. the sum of £ in full for his dams and costs in a certain action lately commenced by him the sd A. B. agst the sd C. D. and also for the costs of and occasioned by this reference And upon paymt of the sd sum of £ &c. (mutual releases.) In witness &c. see ante, No. XLVI. I do award Award by a Commissioner under an Inclosure Act, see post, Arbitration Clause in Deeds, see INDEX TO PRECEDENTS. ARTICLES. Articles of Clerkship, see ante, APPRENTICESHIP, No. CXXII. Articles of Copartnership, see post, COPARTNERSHIP. Articles for a Marriage Settlement, see ante, AGREEMENTS, SECT. 1. An assignment is the transferring or setting over to ano- Definition of an assignment. ther the interest a man hath in a thing; more particularly the transferring to another that particular interest which a man hath in any property wherein a third person not a party to the assignment has some right or interest. 2. Assignments are usually made of leases and estates for years. There may also be an assignment of an annuity or rent-charge, but judgments, statutes and choses in action, as debts, bonds &c. are not assignable by the common law, 10 Co. 48; Roll. Abr. 376. But courts of law will allow the assignee to sue in the name of the assignor, Winch v. Keeley, 1 T. R. 619. They may likewise be assigned in equity, 2 P. Wms. 608; 2 Vern. 595. So likewise, although by the common law no possibility or contingent interest could be assigned over to another, yet they are assignable in equity for a valuable consideration, Wright v. Wright, 1 Ves. 409; 1 Fonbl. Treat. of Eq. 103. Leases, an nuities, &c. assignable. able. 3. An office of trust cannot be assigned, Dy. 7; nor a personal Offices of trust, trust, as that of guardian or trustee, Vaugh. 180; nor the full pay of &c. not assignan officer, Flarty v. Odlum, 3 T. R. 681. So likewise the assignment of the half-pay of an officer is bad in equity as well as at law, Stone v. Littledale, 2 Anst. 533. 4. Some things, not assignable in their nature, are made so by statute; as promissory notes, by 3 & 4 Anne, c. 9; bail bonds by sheriffs, 4 & 5 Anne, c. 16; certificates for taking and prosecuting felons to conviction, 10 & 11 W. 3, c. 23; but see 7 G. 4, c. 64; Dig. p. ii. tit. ADMINISTRATION (JUSTICE); and a bankrupt's effects by the bankrupt laws. By 59 G. 3, c. 12, s. 30, overseers may, on application for parish relief by persons intitled to a pension or allowance, require them to assign to them the next payment which shall become due, by way of security for the repayment of what is advanced. No stamp is required upon such an assignment, see Dig. p. iii. tit. Poor; but otherwise the assignment of seamen's wages, half-pay, &c. is prohibited by 11 G. 4 & 1 W. 4, c. 20, s. 47; and see further as to assignments, Dig. p. i. tit. Assignment. What assign able by statute, or otherwise. 5. Since the Statute of Frauds, it is requisite to the validity of an How made. VOL. I. Y |