tions contd in the sd indre of settlement and evy or. order or No. CLXXXII. regulation which shall hraftr be made in pursuance of the sd in pt recited indre In witness &c. Shares. No. CLXXXIII. Another, of a Canal Share (Short Form). I (assignor) of &c. in conson of £ pd to me by (assignee) of &c. Do hby bargain sell and assign to the sd (assignee) his &c. one share of the undertaking called &c. being No. of the shares in the sd undertaking To Hold &c. to the sd (assignee) his exs ads and ass subject to the same rules orders and restrictions and on the same condons that I held the same immly before the exon hereof And I the sd (assignee) do hby agree to take and accept the sd share subject to the same rules orders restrictions and condons as afd As witness our hands No. CLXXXIII. Shares. No. CLXXXIV. Assignment of Shares in a Copper Mine. Obs. As to the assignment of shares in a mining company, see COPARTNERSHIP, Pref. sect. 7. No. CLXXXIV. Shares. This Indre made &c. Betn (assignor) of &c. of the one pt and (assignee) of &c. of the or. pt Witnesseth That the sd (assignor) Testatum. for and in conson of &c. Hath bargained &c. unto the sd (assignee) All those two full sixty-fourth pts shares or doles [the whole into sixty-four equal pts shares or doles to be considered as divided] of and in that copper mine commonly called &c. of or to which the sd (assignor) is possessed or intitled by virtue of an indre of &c. Togr with the like pts or shares of and in all No. CLXXXIV. Shares. Covenants. Lawfully pos sessed. Good right to assign. Quiet enjoy ment. Free from incumbrances. Further assu rance. copper copper ore lead tin tin ore and all or any or. metals and minerals now or hraftr to be found broken or brought up to grass in upon or out of the sd copper mine or adventure or any pt thof And also of and in all tackle tools whims engines stamps mills and implements of mining whatsr And of and in all ways paths passages easements prfts commodities advantages rights members and apts And all the este &c. To Have &c. the sd two &c. and all and singr or. the preses hby assd or intended so to be unto the sd (assignor) his exs ads and ass according to the custom of the stanneries of Cornwall from henceforth for and during all the residue of the term of yrs from the day of &c. (for further assurance, see Assignment of a Lease). In witness &c. see No. XLVI. No. CLXXXIV. Shares, No. CLXXXV. Assignment of Growing Crops for securing a Sum of Money. No. CLXXXV. Stock. Obs. An assignment of stock and crops in trust to sell, and with Stamp. the proceeds to be produced by such sale to discharge debts due to the trustees and others, has been held to require, under the 55 G. 3, c. 184, not an ad valorem, but a common deed stamp only, Coates v. Perry, 6 Moore, 188; S. C. 3 B. & B. 48. This Indre made &c. see ante, No. LXXXV. Betn (assignor) Agreement to sign cognovit. of &c. of the one pt and (assignee) of &c. of the or. pt (a) Whas Recital of debt. the sd (assignor) stands justly indebted to the sd (assignee) in the sum of £ for money lent and advanced And whas the sd (assignee) hath commenced an action at law against the sd (assignor) in her Maj. Court of C. P. at Westr and the sd (assignor) hath been held to bail thereon And whas the sd (assignor) hath applied to the sd (assignee) and requested him to suspend any furr proceedings in the sd action and hath proposed to confess the same by cognovit under his hand with liberty for the sd assignor to enter up judgment thereon in case deft shall be made in payment of the sd sum of £ contrary to the covt hnaftr contd And whas the sd (assignee) having suspended all proceedings in the sd action the sd (assignor) hath signed a cognovit as hnbefe proposed and for the better securing the paymt of the sd sum of £ hath also agrd to assign the sevl crops now growing on his farm in manner hnaftr mentd Now this Indre witnesseth That in conson of the sum of £ so due and owing from the sd (assignor) to the sd (assignee) as afd (b) He the sd (assignor) Hath bargained sold and assd and (a) If it be agreed that the assignment should be made to a trustee for the creditor say" and to (trustee) of &c. a trustee for and in behalf of the sd (cre. ditor)." (b) Where there is a trustee say "And also in conson of 10s. of &c. to the sd (D.) by the sd (T.) in hand &c. pd He the sd (D.) at the request and upon the nomination of the sd (C.) testified by her being a pty to and exting these prests Hath &c." see above. Testatum. No. CLXXXV. by &c. doth bargain &c. unto the sd (assignee) his exs &c. All Stock. Power of attorney. Declaration of trusts. and singr the crops of corn and grass now growing arising and being in and upon the farm situate lying and being in the parish of afd and consisting of the following parlars that is to say acres of wheat meadow grass acres of barley acres of beans and acres of acres of oats &c. (parcels) and all or. crops now growing on the sd farm And all the right &c. of him the sd (assignor) in to out of or upon the sd crops of wheat and or. crops and preses hby assd with full liberty for the sd (assignee) his servants workmen and agents with horses carts and carriages at all times hraftr as long as the sd crops of wheat and or. crops shall be growing standing or lying on the sd sevl pces of land to enter upon the same to see the state of such crops and for the purpe of cutting reaping and carrying away the same and for all necessy purps To Have Hold rece and take all and singr the sd crops and preses hby assd or intended so to be in as full large and ample a manner to all intents and purps as if posson had been taken of the same by the course of law or as the sd (assignor) might have held and enjoyed them if these prests had not been made Upon Trust (c) nevss in case deft shall be made in paymt of the sd sum of £ on the day and in the manner as in the covenant hnaftr is mentd and expssd that the sd (assignee) his exs ads and ass do and shall sell the sevl crops hby assd And do and shall stand possessed of and interested in all sums of money to arise from such sale or sales Upon Trust in the first place to reimburse himself or themselves in all costs and exps which shall be incurred or which he or they shall pay sustain or be put unto in effecting (c) If there be a trustee, and it be so agreed, say "That he the sd (T.) his exs ads and ass do and shall at any time hraftr upon the request of the sd (C.) her exs ads and ass either absolutely sell and dispose of the sd crops of corn hnbefe assd or intended so to be as the same are now growing to any psn willing to become the purchaser thof or do and shall permit the same crops to remain on the land until they are ripe and then do and shall cut and reap the same and after setting out the tithes thof (if required) do and shall carry away and absolutely dispose of the residue of the produce of the sd crops as he the sd (T.) shall think fit with full power for you or him to purchase in the sd growing crops at any public auction and to resell the same at any future auction or orwise witht liability for any loss to accrue thby and do and shall stand and be possessed of &c." see above. Stock. the sale or sales as afd And in the next place that he do and No. CLXXXV. shall pay or reimburse himself (a) the sd sum of £ with int receipts to be for the same as in the covenant hereinafter is mentd and expssd And after paymt thof then in trust to pay and make over the residue and surplus [if any] unto the sd (assignor) his exs ads and ass And it is hby decld and agrd by and betn the pties to Indemnity to assignor. these prests that for the purpe of carrying into exon the trust afd it shall be lful for the sd (assignee) to make do and exte all Contracts and contracts agrts acts matters and things as shall be necssy with- valid. out any furr consent or concurrence of the sd (assignor) And that the rects of the sd (assignee) his exs &c. for all and evy sum and sums of money which shall be pd and paye for the sd crops by virtue of these prests shall be valid and sufficient dischas to the psn or psns paying the same And furr it is hby decld and Not answerable agrd that no neglect or deft shall be imputable to the sd (assignee) his exs ads or ass for not proceeding to the sale of the sd trust preses unless he or they shall be required so to do by some writing under the hand of the sd (assignor) his exs &c. and that the sd (assignee) his exs &c. shall not be answe for any loss or damage which may happen to the sd crops or the sevl pieces of whereon they shall be growing unless occasioned by his or their wilful deft and that he and they shall be resply answe for such sum or sums of money only as he or they shall actually for losses. rece And the sd (assignor) for himself and his hrs exs and ads Covenant to doth hby covt &c. with the sd (assignee) his exs ads and ass that pay, &c. he the sd (assignor) his hrs exs and ads shall and will well and truly pay unto the sd (assignee) his exs &c. on or before the day of next ensuing the sd sum of £ and int And shall and will well and truly pay and discharge all taxes rates tithes and chas now due or which shall hraftr become due and paye for or in respect of the sevl pieces of ld whereon the sd crops of corn kby assd or intended so to be are now growing or for or in respect of the tillage or management of the same crops. In witness &c. see ante, No. XLVI. (4) If there be a trustee say "In the next place do and shall pay the sd (C.) her exs ads and ass the sd sum of £ with interest &c." see above. |