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No. CL. Articles of Clerkship.

the sevl covts articles and agrts mentd and contd in the sd
recited indre on the pt of the sd W. F. his exs ads or ass to be
done and performed To Have and to Hold the sd indre of
clkshp and all bent and advantage to arise therefrom unto the
the sd G. F. his exs ads and ass from henceforth for and during
all the residue of the sd term of five years now to come and
unexpired in as ample and beneficial a manner to all intents
and purps as she the sd E. F. can or may assign the same but
nevss subject as is hinbefe-mentd And the sd W. D. the
younger doth hby covt and agree with the sd G. F. his exs and
ads that he the sd W. D. &c. shall and will well and truly serve
the sd G. F. during the residue of the sd term of five years as
such clk as afd and truly observe perform and keep all and
singr the covts articles and agrts in the sd indre of clkshp
mentd and on his pt and behalf to be done and performed.
In witness &c. see ante, No. XLVI.

No. CLI.
By Indorsement.

Assignment to new principal.

Release from assignor, father and clerk.

No. CLI.

Assignment of Articles of Clerkship by Indorsement. Know all Men by these Prests That the sd within-named pties having mutually agrd to vacate the within-written contract the within-named (assignor) at the request and by and with the approbation of the within-named (clerk's father) and (clerk). testified by their sevlly signing and sealing these prests Hath assigned and turned over the sd (C.) to (assignee) of &c. gent. to serve him as his clk under the condons within-mentd for the remdr of the within-mentd term of (assignee) in conson of £

yrs And the sd in hand well and truly pd by

the sd (assignor or clerk's father, or otherwise as the case may
be) Hath accepted taken and recd him the within-named (C.)
to continue and be with him as his clerk during the remdr of
the within-mentd term of
yrs under the condons in the
within-written articles mentd And in conson of the preses they
the sd (assignor, father and clerk) do hby for themselves and
their sevl exs ads and ass mutually release each or. their exs
and ads of and from the within-written articles and the per-
formance of all the covts and agts thin contd In witness &c.

Assignment by Assignees and Bankrupt, see post,
BANKRUPTCY.

No. CLII.

Assignment of a Bill of Sale of Goods.

Obs. 1. As to the nature of a bill of sale, see BILLS OF SALE. 2. An ad valorem stamp on the consideration money.

To all to whom these Presents shall come (vendor) of &c. sendeth greeting Whas (vendor) of &c. in and by his deed or bill of sale under his hand bearg date &c. did for the conson thin expssd bargain sell and deliver unto me the sd (assignor) my exs ads and ass all and evy the goods implements and wares remaining and being &c. as in the schedule or inventory to the same deed or bill of sale annexed are more parlarly expssd Now know ye That in conson of the sum of £

No. CLII. Bill of Sale.

Stamp.

Recital of sale

to vendor.

Testatum.

in hand to me well and truly pd by (assignee) of &c. the rect &c. I the sd (assignor) Have granted bargained sold assigned transferred and set over and by these presents in plain and open market Do grant &c. All and evy the goods wares and implements in the above-recited bill of sale and in the schedule thereunto annexed mentd and hby bargd and sold or expssed to be so as afd To Have and to Hold unto the sd (assignee) Habendum. his exs ads and ass all and evy the goods wares and implements in the above recited bill of sale and schedule mentd and contd to and for his and their own bent and as his and their proper goods and chattels from henceforth for ever And I the sd (assignor) do hby for myself my exs &c. covt &c. with the sd (assignee) his &c. That the sd deed or bill of sale is a good and valid instrument and that the preses hby assd or orwise assured or intended so to be with the appts are and shall remain and continue unto the sd (assignor) his exs ads and ass free and Free from inclear of and from all former and or. rights titles chas liens and incumbrances whatsr done committed or suffered by the sd (assignor) and the sd (vendor) or any or. psn whatsr

In witness &c. see ante, No. XLVI.

cumbrances.

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Habendam.

assignor.

No. CLII.-2.

Astonment of a Conditional Bill of Sale by (Indorsement).

is still

To all to whom these Prests shall come I (assignor) of &c. send greeting Was of &c. in and by &c. did &c. (see last precedent. Subject nevss to a provo or condon for making void the same as in the within-written bill of sale is contd in that behalf Now know ye That &c. in conson &c. I the sd (assignor) Hare granted bargained sold &c. and by &c. Do grant &c. unto the sd (assignee) all &c. To Hare &c. as fully and beneficially as I the sd (assignor) might have held and enjoyed the same Covenants from Subject nevss to the provo for redemption as afd And I the sd (assignor) do hby for myself &c. covt with the sd (assignee) his &c. That the within-mentd debt or sum of £ due and owing And that I the sd (assignor) have not done or suffered and shall not nor will at any time hnaftr do or suffer any act whby the sd (assignee) his exs &c. shall be prevented or hindered from recovering the sd debt or sum of £ hby assd or any pt thof And also that if deft shall happen to be! made in paymt of the sd sum of £ and int thof I the sd (assignor) my exs &c. shall and will at the request costs and chas of the sd (assignee) make do and exte all such or. acts deeds and things for the better enabling the sd (assignee) his &c. to recover and rece the sd sum of £

Debt is subsisting.

No act to incumber.

Further assurance.

as by the sd (assignee) his exs &c. or his or their counsel in the law shall Indemnity from be reasny advised or required And the sd (assignee) doth hby assignee. for himself his exs &c. covt &c. with the sd (assignor) his exs &c. That he the sd (assignor) his &c. shall and will at all times hnaftr save harmless and indemnified the sd (assignor) his exs &c. of from and agt all costs chas dams and exps whatsr which shall or may fall upon or become paye by the sd (assignor) his exs or ads for or by reason of any action or suit or or. legal or equitable proceeding which shall or may be brought or prosecuted in the name or names of the sd (assignor) his &c. by virtue of these prests or orwise In witness &c. see ante, No. XLVI.

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SECT. 1. Bonds, being choses in action, so called because they can- Bonds not asot be reduced into possession except in due course of law, are not signable at law. operly assignable by the common law, 1 Inst. 232; therefore if on assignment an action is brought, it must be brought in the name of the obligee, and for the same reason a power of attorney and a coveant from the obligee not to release the debt or revoke his power must form a part of every such deed.

2. No assignment of a bond should be taken, unless there be evidence that the debt is still subsisting, as the courts have made it a rule to direct the jury to find a bond satisfied after a lapse of twenty years, without demand or acknowledgment, 1 Ves. 51. This is confirmed by 3 & 4 W. 4, c. 42, s. 3, which provides that no action of debt or covenant shall be brought upon any bond or other specialty but within twenty years.

Bond deemed

satisfied, when.

3. On an assignment of a bond, notice must be given to the obligor, Notice to sherwise payment by him to the obligee will be good. As to the obligor. gnment of bonds and other choses in action, see further ASSIGN

ISTS, Pref. sect. 2.

4. An ad valorem duty on the consideration money, see Pref. Stamp.

Sect. 4.

CLIII.

Assignment of a Bond.

No. CLIII.

Bond.

This Indre made &c. see ante, No. LXXXV. Betn (assignor) Recital of bond. kc. of the one pt and (assignee) of &c. of the or. pt Whas obligor) of &c. by a certain bond or obligon under his hand and tal duly exted bearing date on or about the became bd to the sd (assignor) in the penal sum of £

day of

of &c.

with a condon thereunder written to be void on paymt by sd bligor) unto the sd (assignor) his exs ads or ass of the full sum *£ as by the sd bond or obligon reference being thereto had will more fully appear And whas the sd (assignee) hath Agreement to agrd to pay to the sd (assignor) the sum of £

upon having

an assnment made to him the sd (assignee) of the sd in pt recited bond and all principal and int due and to become due

advance money.

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Now this Indre witnesseth of &c. to the sd (assignor)

diereca a manter as hair mentd That in eccscon of the sum of £ by the ad assique well and truly pd at &c. He the sd (assigur Hith granted bargained &c. and by &c. Doth grant &c. A that the sd in pt recited bond or obligon and all the right tide bent advantage claim and demand whatsr of him the sd asigur of and in the same To Hare &c. the sd bond or obligon and all mos now or braft to become due and paye thereupon or by force or virtue thof unto the sd (assignee) his exs ads and ass to the only proper use and behoof of the sd (assignee) &c. Power of actor- for ever And for the consons afd hath constituted and apptd and by &c. doth constitute &c. the sd (assignee) his exs ads and ass his true and Iful atty and atties in the name or names of the sd cignor his exs ads or ass to ask demand and rece all and evy the sum and sums of money now due or hraftr to become dze upon the sd bond or obligon and on nonpaymt thof or any pt thof Then in the name of the sd (assignor) his exs &c. but at the proper costs and chas of the sd (assignee) his exs ads or ass to commence and prosecute with effect any actions or suits agst the sd (obligor) his exs ads or ass until full satisfaction and paymt of the sd sum of £ And on rect thof to cancel or

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Covenants.

deliver up the sd bond or obligon or to make and give good and sufficient rels and dischas for the sum or sums of money so recd and finally in his name to do perform and exte all such furr and or. acts deeds matters and things touching the preses as the sd (assignee) his exs &c. shall deem requisite He the sd (assignor) for himself &c. hby ratifying and confirming whatsr the sd (assignee) his exs shall lfully do in anda bout thep remises And he the sd (assignor) for himself his exs ads and ass doth hby cort Bond still sub- promise and agree with and to the sd (assignee) his exs &c. That sisting. the sd bond at the time of the sealing and delivery of these prests is in full force and valid and effectual in the law and not assd reld vacated cancelled or orwise made void And also that he the sd (assignor) his exs ads or ass shall not nor will at any time hraftr rece the sd mos due or to become due on the sd bond or obligon or any pt thof nor revoke invalidate hinder or make void these prests or any authty or power hby given witht the licence or consent of the sd (assignee) his exs &c. first had and obtained in writing for that purpose And the sd (assignee) for himself his exs &c. doth covt &c. with the sd (assignor) his &c.

Assignor not to receive money,

nor revoke power,

Assignee to indemnify assignor.

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