Operative words. Assignments. assignment of an estate in land, that it should be in writing (see Assignment of a Lease). The operative words in assignments are, "give, grant, bargain, sell, assign, transfer and set over;" but all these words are not necessary, and are but rarely used. In the case of mortgagees and trustees, the words "give and grant" are mostly omitted. When therefore they join in an assignment, words of grant are for the most part mentioned in distinct clauses, thus, “A. B. (mortgagee or trustee) at the instance and request of C. D. (owner, mortgagor &c.) hath bargained &c." and the owner &c. "hath granted, bargained &c., ratified and confirmed." Sometimes, to rebut the imputation of warranty, the words of grant are qualified by the clause, " by way of assignment (or other assurance) only, and not of covenant or warranty;" or sometimes by the clause, “according to his (the mortgagee's &c.) right, title and interest, and no further or otherwise." 6. By the 44 G. 3, c. 98, amended by the 55 G. 3, c. 184, the ad valorem duty is chargeable on assignments as on any other convey. ance; but where the assignment is not otherwise charged, or is not exempt from all duty, then the duty of 17. 15s., and the further progressive duty of 11. 5s., is charged. No. CXLV. Recital of articles. Testatum. No. CXLV. Assignment of an Agreement for the Purchase of an Estate. Whas by last and This Indre made &c. see ante, No. LXXXV. Betn (assignor) of &c. of the one pt and (assignee) of &c. of the or. pt articles of agreement bearing date the day of made or expssd to be made betn (vendor) of &c. of the one pt and the sd (assignor) of the other pt It is witnessed that the said (V.) did for the consons therein mentd agree to sell unto the sd (assignor) all those messes &c. as by the sd articles reference being thereto had will more fully appear Now this Indre witnesseth That in conson of the sum of £ to the sd (assignor) well and truly pd by the sd (assignee) the rect of which is hby ackngd He the sd (assignor) Hath granted bargained sold assigned transferred and set over and by these prests Doth grant &c. All those the sd recited articles of agrt and all the este right and title benefit advantage property claim No. CXLV. Agreement. and demand whatsr of him the sd (assignor) of in or to the same To Have and to Hold the sd articles and all bent and advantage thereof in as full ample and beneficial a manner as he the sd Habendum. (assignor) could or might have been intitled to the same if these prests had not been made And the sd (assignor) doth hby Power of atmake nominate and constitute the sd (assignee) his exs &c. his torney. true and Iful atty and atties irrevocable in his name but for the sole use and bent of him the sd (assignee) to do perform and exte every act matter and thing whatsr requisite and necessy for carrying the sd articles of agrt into full effect Provided nevss Indemnity to and it is hby decld and agrd by and betn the sd pties hereto assignor. that the sd (assignee) shall and will at all times indemnify and save harmless the sd (assignor) his hrs exs ads and ass from and agst all costs chas and dams which he they or any of them shall or may pay sustain or be put unto by reason of any action or suit in pursuance of the power hnbefe given And the sd Agreement (assignor) for himself his hrs exs and ads doth hby covt with and to the sd (assignee) in manner following that is to say That for and notwithstanding any matter or thing by him done omitted or knowingly suffered the sd in pt recited agrt is a good and valid agrt and not in anywise forfeited surrendered valid. rance. or orwise made void And that he the sd (assignor) hath full Further assupower and lful authority to assign and assure the same And also that he the sd (assignor) his hrs exs and ads shall and will at any time hrafter upon rease request and at the costs and chas of the sd (assignee) do and perform all such furr and or. acts for the better and more fully and satisfactorily assigning and assuring the sd agrt as by the sd (assignee) his hrs &c. or by his or their counsel in the law shall be advised and required And the Assignee to persd (assignee) for himself his hrs exs and ads doth hby covt &c. of the agreewith the sd (assignor) his hrs &c. That he the sd (assignee) shall ment. and will well and truly pay perform observe and keep all and every the sum and sums of money covts agrts provos and condons resply which are mentd or contd in the sd in pt recited articles In witness &c. see ante, No. XLVI. form covenants No. CXLVI. Assignment. Habendum. Upon trust. No. CXLVI. Assignment of an Agreement for the Sale of Timber for securing the Payment of Debts (by Indorsement). Know all Men That I (assignor) of &c. for the furr and better securing the payment of all the debts mentd and contd in the schedule hereunto annexed Have granted bargained sold and assigned and do hby grant &c. unto the sd (assignee) of &c. his exs &c. All those the within written articles and all monies hrftr due or to be pd thereon and the full bent profit and advantage thereof from and after the day of last past To Have and to Hold the sd articles and all the sd monies due and paye thereon and the full bent profit and advantage thereof unto the sd (assignee) his exs ads and ass Upon the Trusts nevss hnaftr expssd and decld of and concerning the same that is to say Upon Trust That he the sd (assignor) do and shall rece and take of and from the within-named (vendor) all such sum and sums of money as shall become due and payable by force and virtue of the within written articles and pay and apply the same money in discharge of the costs and chas of the trusts hby created Then upon and after paymt of the same in Trust to pay and discharge the principal money and int due to the sevl psns in the schedule hereunto annexed or so far as the same will extend in rateable proportions And for the purposes afd I the sd (assignor) Have made &c. (Power of Attorney, see last Precedent) to ask demand sue for recover and rece all such sum and sums &c. which shall grow due and paye &c. and to make do and exte all such or. acts and deeds for the better enabling the sd (assignee) his exs &c. to recover and rece all such sums &c. as the sd (assignee) his &c. or his counsel in the law shall advise or require I the sd (assignor) agreeing to ratify and confirm whatsr shall be lfully done in and about the preses In witness &c. Assignment of an Annuity, see ante, No. XCII. ANNUITY. No. CXLVII. No. CXLVII. Assignment of an Annuity by a Wife to Executors for discharging her Husband's Debt to the Testator. Recital of grant of annuity to wife. This Indenture made &c. see ante, No. LXXXV. Betn (assignor) wife of (husband) of &c. of the first pt the sd (husband) of the second pt and (executors) of the third pt Whas I. S. late of &c. decd duly made and published his last will and testament in writing bearing date &c. and did thby bequeath unto the sd (assignor) during the term of her natural life one annuity or clear yrly sum of £ of lful &c. paye quarterly free and clear of the legacy duty and all or. taxes and deductions whatsr And the sd testator apptd the sd (executors) executors of his will And Death of testawhas the sd I. S. departed this life on or about day of witht having altered or revoked his sd will and shortly after his dece the sd will was duly proved by the sd (E.) in the Consis tory Court of tor. band to testator. And whas the sd (H.) was indebted to the Debt from husI.S. at the time of his dece in the principal sum of £ secured to the sd I. S. by the bond of the sd (H.) dated the ay of in the penal sum of £ And whas by bond under the hand and seal of the sd (H.) bearg date the &c. the sd (H.) became bd unto the sd (E.) as executors afd in the sd sum of £ with a condon thereunder written by which after reciting the sd bond dated the &c. and the will and death of the sd I. S. And after reciting that all interest due on the sd sum of £ had been duly pd up to the date of the now reciting bond but that as it was not in the power of him the sd (H.) to sd sum of £ rate of £ pay off the in any or. way than by instalments after the Bond from hus band to execu tors. per ann. with int they the sd (E.) had agrd to accept paymt thof in that way It is decld that if the sd (H.) Executors agree his hrs exs or ads shd pay unto the sd (E.) or unto the survors instalments. or survor of them his or her exs or ads the sum of £ with int for the same after the rate of £ for evy 1007. by the year by instalments on the days and times and in manner thin mentd with half a yr's int on the sd sum thence next ensuing the further that is to say the sum of £ day of of £ on the sum of £ with half a yr's int on the then remaining pt of the sd principal sum of £ on &c. And also shd on the day of to be paid by and the day of paymts pay the like sum in each succeeding yr by half-yrly And whas the paymt of the sd sum of £ and int by instalments as hnbefe mentd was furr secd to the sd (E.) as exs as afd by a warrant of atty under the hand and seal of the sd (H.) bearg date &c. for confessing judgment against him in an action of debt in the court of C. P. at Westr at the suit of the sd (E.) for the sd sum of £ And whas no part of the sd sum of £ hath been pd by the sd (H.) pursuant to the condon in the sd recited bond of day and in consequence of such deft in paymt the sd (E.) entered up judgment pursuant to the sd warrant of atty for the sum of £ and costs of suit but no exon hath been sued out on the sd judgment And whas all int hath been pd up to the day of the date of these prests And whas the sd (H.) being at present unable to pay any pt of the sd principal sum of £ the sd (assignor) at his request hath agrd to transfer the sd annty or yrly sum of £ bequeathed to her as afd unto the sd (E.) Upon such trusts as are hnafter decld for securing the paymt of the sd sum of £ and the int thof by instalments And in conson thof the sd (E.) have agrd to enter into the covts hnaftr contd for postponing the enforcement of the immediate paymt of the sd sum of £ in manner hnaftr mentd Now this Indre witnesseth That in pursuance of the sd recited agrt on the pt of the sd (A.) and in conson of 5s. of lful &c. to the sd (4.) in hand pd by the sd (E.) at &c. the sd (A.) at the request and by the direction of the sd (H.) testified by his being a pty to and exting these prests Hath given granted bargained sold assigned transferred and set over and by these prests Doth grant &c. unto the sd (E.) All that the sd annty or yrly sum of £ in and by the sd recited will of the sd I. S. decd given and bequeathed to the sd (A.) as afd Togr with all powers remedies and means whatsr requisite and necessary for recovering receiving and giving effectual rects releases and discharges for the same annty and every part thereof And all the right title and int trust property claim and demand whatsr of her the sd (4.) in to and out of the same annty or yrly sum of £ and all arrears and growing paymts thof To Have Hold rece perceive take and enjoy the sd annty or yrly sum of £ and the arrears and growing paymts thof Togr with the sd powers reme |