202.

Assignment of judgment, New York form.

Know all men by these presents, that whereas, I,—————, of the city in the State of New York, did, on the day of recover a judgment in the

of

187

York, against for the sum of

O Court of the State of New dollars; which said judgment

was docketed in the office of the clerk of the county of New York on the day of 187- Now, therefore, I, the said

dollars, to me paid, the receipt

in consideration of the sum of whereof is hereby acknowledged, have assigned, sold, transferred, and set over to of the said city of and do hereby assign, sell, transfer, and set over to the said the said judgment, together with all sums of money thereon, and all benefits that may be obtained thereunder. And I do constitute the said my attorney, in my name or otherwise, but at his own costs and expense, to collect and enforce said judgment for his own benefit, and to give all proper and necessary receipts, releases, and acquittances therefor. And I do covenant to and with the said his executors, administrators, and assigns, that there is now due and owing on said judgment the sum of dollars, with interest thereon

from

and that I have not received nor will receive any part of said sum of dollars and interest, and have not done and will not do any act or thing to delay or hinder the collection and enforcement of said judgment.

In witness whereof, I have hereunto set my hand and seal, this one thousand eight hundred and seventy Sealed and delivered in presence

203.

day of

of

Assignment of judgment, California form.

[Seal.]

Know all men by these presents, that of the State of California, the party of the first part, in consideration of the sum of dollars, of the United States of America, to me in hand paid by, the party of the second part, the receipt of which is hereby acknowledged, has sold, assigned, transferred, and set over, and by these presents doth sell, assign, transfer, and set over, unto the said party of the second part, and his assigns, a certain judg ment, recovered by the said party of the first part, on the day in the year of our Lord one thousand eight hundred and Court of the State of against for dollars dollars costs. And all sums

of

in the the sum of

and

of money that may be had or obtained by means of said judgment, or on any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney, irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways and means for the recovery of the money due or to become

due on the said judgment; and on payment to acknowledge satisfaction or discharge the same. And attorneys one or more under

for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that said attorney or substitute shall lawfully do in the premises. And the said party of the first part doth covenant that he will not collect or receive the same or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises. In witness whereof, the said party of the first part has hereunto set his hand and seal, the. in the year of our Lord

day of

one thousand eight hundred and

Signed, sealed, and delivered in the presence of

204.

Assignment of judgment, Illinois form.

This indenture, made the day of hundred and seventy

between

· [Seal.]

one thousand eight

of

State of Illinois,

party of the first part, and, party of the second part. Whereas, that said party of the first part, on the day of thousand eight hundred and

,

against

the sum of

one

recovered by judgment, in the now this indenture Witnesseth: That the said party of the first part, in consideration of to him duly paid, has sold, and by these presents does assign, transfer, and set over unto the said party of the second part, and his assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part does hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney, irrevocably, with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment to acknowledge satisfaction or discharge the same, and attorneys one or more under for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that ney or substitute shall lawfully do in the premises. party of the first part does covenant, that there is now due on the said judgment the sum of and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises.

said attorAnd the said

In testimony whereof, the party of the first part has hereunto set his hand and seal, the day and year first above written. Sealed and delivered in presence

of

[Seal.] [Seal.]

205.

Whereas,

Assignment of patent.

of the city of Chicago, in the county of Cook

and State of Illinois, did obtain letters-patent of the United States, No.

for day of

certain

which letters-patent bear eighteen hundred and. And

date the whereas is desirous of acquiring an interest therein: Now, therefore, this indenture Witnesseth: That for and in consideration of the sum of dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I have granted, sold, and set over unto the said - all the right, title, and interest which I have in the said invention, as secured to me by said letters-patent for, to, and in the, and in no other place or places; the same to be held and enjoyed by the said for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters-patent are granted, —, as fully and entirely as the same would have been held and enjoyed by me had this grant and sale not been made

In testimony whereof, I have hereunto set my hand and affixed A. D. 187.

my seal, this day of

Sealed and delivered in the

presence of

[Seal.] [Seal.]

206. Assignment to creditors-(From Bishop's Burrell

on Assignments.)

This indenture, made this day of

tween

party of the first part, and

in the year

of

be

-party

—, of of the second part, Witnesseth: That whereas, the party of the first part is indebted to divers persons in sundry sums of money, which he is unable to pay in full, and is desirous of providing for the payment of the same so far as in his power, by an assignment of all his property for that purpose. Now therefore, the said party of the first part, in consideration of the premises, and of the sum of one dollar, to him paid by the party of the second part, upon the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred, and set over, and by these presents does grant, bargain, sell, transfer, assign, and set over, unto the said party of the second part, his successors and assigns, all and singular the lands, tenements, hereditaments, appurtenances, goods, chattels, stock, promissory notes, debts, claims, demands, property, and effects of every description belonging to the party of the first part, wherever the same may be, except

such property as is exempt by law from levy and sale under execution; to have and to hold the same, and every part thereof, unto the said party of the second part, his successors and assigns, in trust, nevertheless to take possession of the same, and to sell the same with all reasonable dispatch, and to convert the same into money, and also to collect all such debts and demands hereby assigned as may be collectible, and with and out of the proceeds of such sales and collections

1. To pay and discharge all the just and reasonable expenses, costs, and charges of executing this assignment, and of carrying into effect the trust hereby created, together with a lawful commission to the party of the second part for his services in executing said trust.

2. To pay and discharge in full, if the residue of said proceeds is sufficient for that purpose, all the debts and liabilities now due or to grow due from the said party of the first part, with all interest-money due or to grow due; and if the residue of said proceeds shall not be sufficient to pay said debts and liabilities and interestmoneys in full, then to apply the said residue of said proceeds to the payment of said debts and liabilities, ratably and in proportion.

3. And if, after the payment of all the said debts and liabilities in full, there be any remainder of said property or proceeds, to repay and return the same to the said party of the first part, his executors, administrators, and assigns.

And in furtherance of the premises, the said party of the first part does hereby make, constitute, and appoint the said party of the second part his true and lawful attorney, irrevocable, with full power and authority to do all acts and things which may be necessary in the premises to the full execution of the trust hereby created, and to ask, demand, recover, and receive, of and from all and every person or persons, all property, debts, and demands due, owing, and belonging to the said party of the first part, and to give acquittances and discharges for the same, to sue, prosecute, defend, and implead for the same, and to execute, acknowledge, and deliver all necessary deeds, instruments, and conveyances. And the said party of the first part does hereby authorize the said party of the second part to sign the name of the said party of the first part to any check, draft, promissory note, or other instrument in writing which is payable to the order of the said party of the first part, or to sign the name of the party of the first part to any instrument in writing whenever it shall be necessary so to do to carry into effect the object, design, and purpose of this trust.

The said party of the second part doth hereby accept the trust created and reposed in him by this instrument, and covenants and agrees, to and with the said party of the first part, that he will faithfully and without delay execute the trust created according to the best of his skill, knowledge, and ability.

In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in presence

of

[Seal.] [Seal.]

eight hundred and seventy

before me camé

to me

personally known, and known to me to be the persons described in and who executed the above instrument, and each for himself severally acknowledged that he executed the same.

207.

Lease, California form.

This indenture, made the

day of

in the year of our Lord Witnesseth: that I,

one thousand eight hundred and seventy

-, of the, State of California, lessor, do hereby lease, demise, and let unto, [description] to have and to hold, for the term of

day of dollars, gold

to wit, from the day of 187—————, to the 187, yielding and paying therefor the rent of coin of the United States of America, and the said lessees promise to pay the rent in such as follows, to wit: and to quit and deliver up the premises to the lessor or his agent, or attorney, peaceably and quietly, at the end of the term, in as good order and condition (reasonable use and wear thereof, and damages by the elements excepted) as the same are now or may be put into; and to pay the rent as above stated during the term; also the rent as above stated for such further time as the lessee may hold the same, and not make or suffer any waste thereof, nor lease or underlet, nor permit any other person or persons to occupy or improve the same, or make or suffer to be made any alteration therein, but with the approbation of the lessor thereto, in writing, having been first obtained; and that the lessor may enter to view and make improvements, and to expel the lessee if he shall fail to pay the rent as aforesaid, or make or suffer any strip or waste thereof.

And should default be made in the payment of any portion of said rent when due, and for days thereafter, the said lessor, his agent or attorney, may re-enter and take possession, and at his option terminate this lease.

Signed, sealed, and delivered in presence of

[Seal.] [Seal.]