ASSIGN MENT. Bonds and Attorney. payable, and the said judgments or any of them have not yet been entered up in pursuance of the said warrants of attorney, but the said (assignee) warrants of hath agreed to advance and pay to the said (assignor) the several principal sums of money Agreement for for the security whereof the said several bonds the assignment and warrants of attorney were given as aforesaid, together with the interest thereupon respectively to the day of the date hereof, amounting in all to the sum of on his the said (assignee) thereof. having the said bonds and warrants of attorney and judgments to be entered up, thereon assigned to him as hereinafter is mentioned. Now THIS Assignment. INDENTURE WITNESSETH, that the said (assignor) for and in consideration of the sum of to him in hand paid by the said (assignee) at or before the execution of these presents, being in full for all principal money due or to grow due on the said several recited securities as aforesaid, and all interest thereupon to the day of the date hereof, the receipt of which said sum of he the said (assignor) doth hereby acknowledge, and thereof and therefrom, and of and from every part thereof doth acquit, release, and discharge the said (assignee) his executors, administrators, and assigns, for ever by these presents, he the said (assignor) HATH assigned, transferred, and set over, and by these presents DOTH assign, transfer, and set over, unto the said (assignee) his executors, administrators, and assigns, ALL the said several recited bonds of bonds and and warrants of attorney, and also the said se- attorney. veral judgments so to be entered up on the said warrants of attorney as aforesaid, AND all monies thereupon due or to become due and E warrants of owing, AND all benefit and advantage whatso- he, ASSIGN MENT. Bonds and Warrants of Attorney. and assigns, all such principal monies when and that assignor received or dis MENT. Warrants of Allorney. ASSIGN charged all or any of the monies due or to grow due on the said bonds, warrants of attorney, or Bonds and judgments when entered up as aforesaid, or any of them. AND that he the said (assignor) his Nor will release executors or administrators, shall not nor will at or discharge the any time hereafter, receive, release, or discharge such monies, or any part thereof, or the said bonds, warrants of attorney, or judgments, or any monies, nor revoke these presents; further assurance. nor prejudice of them; nor release, nonsuit, vacate, or disavow proceedings for the same, any suit or other legal proceeding to be had, made, or prosecuted by virtue of these presents, for the suing for, recovering, releasing, or discharging the said monies, bonds, warrants of attorney, or judgments, or any of them, without the licence of the said (assignee) his executors, administrators, or assigns, first had and obtained in writing for that purpose; nor shall or will revoke, invalidate, hinder, or make void these presents, or any au thority or power hereby given, without such but will make licence as aforesaid. AND that he the said (assignor) his executors and administrators, shall and will at the request and charges of the said (assignee) his executors, administrators, or assigns, at any time make, do, and execute any further and other lawful and reasonable act in the law for the better enabling him or them to recover and receive all and singular the hereby assigned monies and premises to his and their own use and benefit, as by him and them, or his or their counsel in the law shall be advised or required, so as the said (assignor) his executors or administrators, for the doing thereof be not compelled or compellable to travel from his or their then place of habitation or abode. AND the said (assignee) for himself, his executors, administrators, and Assignee cove nants to indem nify assignor against costs. ASSIGN MENT. Bonds and Attorney. assigns, doth covenant, promise, and agree to and with the said (assignor) his executors and administrators by these presents, that he the said (as- Warrants of signee) his executors or administrators, shall and will at all times indemnify the said (assignor) his executors and administrators, of, from, and against all costs, charges, expences, and damages which they, or any of them, shall pay, sustain, or be put unto, for, or by reason, or on account of any proceeding to be had either in law or equity, on account of the premises by virtue or means of these presents, so as the same do not arise or accrue through the collusion or act of the said (assignor). IN WITNESS, &c. N. B. Assignment of a bond is a covenant that the assignee shall receive it; per Holt, Lord Raym. 271.: therefore the assignment does not transfer the duty, but operates as a contract to transfer the benefit, and is in such cases in the nature of a Covenant to transfer. 2 Bl. Com. 442. |