the said ship or vessel, and all and every the rights and appurte- nants thereof and thereto, unto and for the proper use and benefit of him the said (assignee), his executors, administrators and assigns for ever. AND they the said (assignors) severally and respectively, and not jointly, nor one of them for the other of them, nor for the acts or defaults of the others, but each for himself only, his execu- tors and administrators, do and doth covenant, promise and declare to and with the said (assignee), his executors, administrators and assigns, that they the said (assignors) respectively have, at the time of the sealing and delivery of these presents, full power and absolute authority to grant, convey and assure the said several moieties or half-parts of them the said (assignors) respectively, in the said ship or vessel, with the appurtenances, unto the said (assignee), his exe- cutors, administrators and assigns, in the manner and form afore- said; and that their said several moieties or half-parts of and in the said ship or vessel, with the appurtenances, shall from henceforth for ever be and remain unto and for the said (assignee), his executors, administrators and assigns, free and clear of and from all charges, liens and incumbrances by them respectively made or knowingly suffered. IN WITNESS, &c.
See notes and observations, ante, p. 64.
*A Bill of Sale of a part of Goods on board a Ship (1), in consideration of a Debt.
is riding at anchor in the river goods, wares and merchandizes hereinafter mentioned and described. AND whereas the said (assignor) is justly indebted to the said (as- signee) in the sum of £ as hereinafter mentioned (2). Now This IndenturE WITNESSETH, that for and in consideration of the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, which he is indebted to the said (assignee), on account of goods heretofore sold and delivered by the said (assignee) to him the said (assignor), and the charges thereon, and for securing the payment thereof, HE the said (assignor) HATH granted, bar- gained, sold and assigned, and by these presents DoтH grant, bar- gain, sell and assign unto the said (assignee), his executors, admi- nistrators and assigns, all, &c. [insert the quality and quantity of the goods], and which goods, wares and merchandizes are now on board the said ship, in aforesaid, and are marked or num- bered as in the margin of the bill of lading hereunto annexed, as by reference being thereunto had, may more fully appear, and all his
right, title, interest and property therein: To HAVE AND TO HOLD In trust to sell.
(1) If the bill of sale be of the ship also, see ante, No. CLXXVIII. Ship.
(p. 52), and notes there.
(2) If the bill of sale be accompanied by a bond or warrant of at- Bond, &c. torney, say,
"In the manner hereinafter mentioned, and in the condition [or
defeazance] of a bond or obligation [or warrant of attorney] bearing
Assignee to account for sur
the said goods, wares and merchandizes unto and by him the said (assignee), his executors, administrators and assigns for ever with full power, and to the end and intent that he and they shall and lawfully may sell, dispose of and deliver the same to any person or persons whomsoever (1). PROVIDED NEVERTHELESS, that if the produce arising from the sale or disposal of the said goods, wares and merchandizes, after deducting all necessary charges and ex- penses on account of the same, shall amount to more than the said sum of £ with lawful interest for the same, then the said (assignee) shall and will, and doth hereby, for himself, his execu- tors, administrators and assigns, covenant, promise and agree to and with the said (assignor), his executors, administrators and assigns, to be accountable for, and pay such surplus to the said (assignor), his executors, administrators and assigns. IN WITNESS, &c.
(1) A letter of attorney may here be added, see post. p. 69.
See notes and observations, ante, pp 58. 64.
* A Bill of Sale by a Seaman of Wages, as a Security for a Debt.
BILL OF SALE.
Wages (seaman's)..
TO ALL TO WHOM THESE PRESENTS SHALL COME,
In consideration of the premises, assignor assigns
a seaman of and belonging to the ship or vessel called the whereof is master, SENDETH GREETING. WHEREAS the Recitals. said (assignor) is and stands justly and truly indebted unto (assignee) of, &c. in the full and just sum of £ for money lent and advanced, and goods sold and delivered by the said (assignee) to him the said (assignor). Now KNOW YE, that in consideration of the premises, [and for and in consideration of the sum of 58. to the said (assignor) in hand well and truly paid by the said (assignee) at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged)] he the said (assignor) HATH bargained, sold, assigned, transferred and set over, and by these presents DOTH bargain, sell, assign, transfer, and set over unto the said (assignee), his executors, administrators and assigns, all such sum and sums of money, wages and pay whatsoever, now due, owing all his wages, or payable, or which shall or may become due, owing or payable to him the said (assignor) from any person or persons whomsoever, for his services on board the said ship or on board of any other ship or vessel whatsoever, and all the right, title, property, claim and demand whatsoever of him the said (assignor) of, in and to the same respectively, and every part thereof: TO HAVE, HOLD, receive and take the said several sums of money, wages and hereby assigned, unto the said (assignee), his executors, administrators and assigns, to and for his and their own use, upon trust nevertheless in the first place to pay and retain to himself and themselves all such sum and sums of money, wages and pay as shall be due and owing from the said (assignor) to the said (assignee) upon a fair account, and then upon further trust to pay such surplus (if any) as And pay surplus shall remain unto the said (assignor), his executors, administrators to assignor. and assigns; AND the said (assignor), for the consideration aforesaid, HATH made, constituted and appointed, and by these presents DOTH Letter of attor
Habendum to assignee till debt paid.
BILL OF SALE.
Wages (seaman's).
make, constitute and appoint the said (assignee) to be his true and lawful attorney, for him the said (assignor) and in his name, but to and for the use and benefit of the said (assignee) upon trust as aforesaid, to ask, demand, sue for, and by all lawful ways and means recover and receive of and from the master and owners of the said ship , or of and from all and every other person and persons whom it doth, shall or may concern, all such sum and sums of money, wages and pay, as is, are, shall or may be due, owing and payable to him the said (assignor) for his services on board the said ship or on board any other ship or vessel whatsoever, and to give proper acquittances and discharges for the same on receipt thereof, and to settle and agree for and in respect of the premises, as the nature of the case may be or require, and if need- ful, to appoint one or more attorney or attornies under him the said (assignee) for the purposes aforesaid, and the same again at pleasure to revoke, and generally to do, perform and execute all and every act, matter and thing whatsoever, necessary or expedient to be done in or about the premises, as fully and effectually to all intents and purposes as he the said (assignor) could or might do if these pre- sents had not been made, he the said (assignor) hereby promising to allow, ratify and confirm all and whatsoever the said (assignee) and his substitutes shall lawfully do in the premises by virtue of these presents; so nevertheless that he the said (assignee), his executors, administrators or assigns, do and shall account with, and pay over unto the said (assignor), his executors, administrators or assigns, all such surplus money (if any) as aforesaid. IN WITNESS, &c.
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