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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

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owing, AND all benefit and advantage whatso-
ever to be had, made, or obtained, by virtue or
means of the said bonds, warrants of attorney,
and judgments, or any of them, or any process,
extent, or other execution or executions, to be
thereupon had, sued out, or executed, AND all
the right, title, interest, property, claim, and
demand, whatsoever of him the said (assignor)
of, in, to, or out of, the said bonds, warrants of
attorney, judgments, monies, and premises, and
every part and parcel thereof, together with the
said bonds and warrants of attorney; To HAVE,
HOLD, RECEIVE, AND ENJOY, all and singular
the monies and premises hereby assigned, or
meant, mentioned, or intended so to be unto the
said (assignee) his executors, administrators,
and assigns, from henceforth, and for his and
their own use and benefit for ever. AND for the
better and more effectually enabling the said
(assignee) his executors, administrators, and
assigns, to recover and receive all and singular
the said hereby assigned monies and premises, to
and for his and their own use and benefit,
the said (assignor) hath made, constituted, and
appointed, and in his place and stead put and
deputed, and by these presents doth make, con-
stitute, and appoint, and in his place and stead
put and depute the said (assignee) his execu-
tors, administrators, and assigns, the true and
lawful attorney and attornies, irrevocable of him
the said (assignor) in his name, but to and for
the sole use and benefit of the said (assignee)
his executors, administrators, and assigns, to
ask, demand, and receive of and from the said
(obligor) his heirs, executors, administrators,

he,

ASSIGN

MENT.

Bonds and Warrants of Attorney.

and assigns, all such principal monies when and
as the same shall respectively become due and
payable in the said several bonds, warrants of
attorney, and judgments when entered up there-
upon, and all interest thereof, and all costs and
charges attending such judgments; and to enter
up the said judgments, and to sue and prosecute
any actions, suits, executions, or extents there-
upon; and to acknowledge, make, and give full
satisfaction, releases, and discharges for all mo-
nies secured or to be secured by the said bonds,
warrants of attorney, or judgments, and now due
and owing, or to grow due and owing by virtue
thereof, or of any of them; and generally to do
all and every such further and other lawful acts
and things, as well for the recovering and receiv-
ing, as also for the releasing and discharging of
all and singular the said hereby assigned monies
and premises, and that in as full, large, ample,
and beneficial a manner to all intents, constructions,
and purposes whatsoever as he the said (assignor)
his executors, administrators, and assigns, could or
might do, if personally present, and did the same.
AND the said (assignor) doth hereby for himself,
his executors and administrators, ratify, allow, and
confirm all and whatsoever the said (assignee)
his executors, administrators, or assigns shall law-
fully do, or cause to be done, in or about the pre-
mises by virtue of these presents. AND the said Covenant
(assignor) for himself, his heirs, executors, ad- hath not
ministrators, and assigns, doth covenant, promise, charged.
and agree to and with the said (assignee) his exe-
cutors, administrators, and assigns, by these pre-
sents in manner following, (that is to say) that
he the said (assignor) hath not received or dis-

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.

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