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By Partners on referring
therein to the amount of £ or upwards, Now THE CONDITION of the above written bond or obligation is such, that if the above bounden (John Doe) shall and do continue the said A. B. and C. D. (at the joint and equal expence of him The condition. and the said (Richard Roe) in such their appointment and employ of or, in the making out and settling the said partnership books and accounts, until such time as they shall have made out, balanced, and settled such general account as aforesaid, and shall and do deliver to or furnish them the said A. B. and C. D. with all his books, memorandums, papers, and writings, in or touching the joint stock and trade or business of the said copartnership, and give them from time to time all the information in his power touching the same, and make or do all such other things as shall be reasonably required of him in order to enable them the said A. B. and C. D. to settle the said partnership books, and make out and finally settle such general account, of or in regard to the said partnership affairs as aforesaid, and also shall and do agree to and abide by such general account thereof, when so made out and settled, unless some error shall be found out or discovered to be made therein to the amount of £ and upwards; Then and in such case, the above written bond or obligation shall be void and of no effect, but otherwise shall be and remain in full force and virtue.
Assignment of a Bond upon rather Special Trusts.
THIS INDENTURE, made, &c. BETWEEN (the assignor or obligce) of the one part, and (the Recites bond, assignees) of the other part. WHEREAS by a certain bond or obligation bearing date the
(three obligors) became severally bound unto the said (assignor) in the
penal sum of
conditioned for the true
on the day of
nor is desirous
then and now next ensuing, as by reference to the said bond or obligation may more fully appear.
And that assig- AND WHEREAS the said (assignor) is desirous of of selling same. assigning the said bond or obligation, and the
said money thereby secured, and to be payable
terest monies which shall accrue due in respect thereof; AND all the estate right, title, interest, property, claim, and demand whatsoever legal Of Bond. and equitable of him the said (assignor), of, in, and to the same respectively; TO HAVE, HOLD, and receive all and singular the said premises, and the whole benefit and advantage of the same respectively, unto the said (assignees) their executors, administrators, and assigns, upon the trusts and for the intents and purposes hereinafter expressed. AND in order to enable them Usual power of to recover the monies hereby assigned, the said (assignor) doth hereby constitute and appoint the said (assignees) each and every of them, and the executors or administrators of the survivor of them, his true and lawful attornies and attorney irrevocable, to ask, demand, sue for, recover and receive the same principal and interest monies, and every part thereof, and to take, use, and enforce such of the remedies, ways, or means for that purpose as to them respectively shall seem adviseable; HE the said (assignor) hereby giving to his said attornies respectively his full power and authority in and touching the premises. AND it is hereby declared that the said bond, and principal and interest monies respectively, were and are hereby assigned to them the said (assignees) upon trust, that they the said (assignees) or the survivors or survivor of them, his executors, administrators, and assigns, do and shall as soon as the said sum of shall become due and payable, (either in the name of the said (assignor) or their own) ask, demand, and receive, and if necessary and expedient, sue for and recover the
AND from and after receipt or recovery The trusts.
as aforesaid, upon
of the said sum of
TRUST to pay thereout the sum of
said (assignor) for his own use; and with all convenient speed to
put and place the residue of
the said sum of
out at interest, either in the
shall not be entitled to any apportionment or pro
portional part of the current dividends, interest, or proceeds which shall accrue between the last day of payment of such dividend, interest, or proceed that shall accrue in the life-time of the said and the day of her decease, unless she shall die upon some such day of payment, in which case they shall be entitled to the whole interest, dividends, and proceeds so that day become due; and after the decease of the survivor of them the said (assignor and wife), THEN UPON TRUST that they the said trustees or the survivors or survivor of them, his executors, administrators, and assigns, do and shall assign, transfer, and make over the said stocks, funds, or securities unto such person or persons, and in such shares and proportions, manner and form, and subject to such powers, provisoes, declarations and agreements as the said (assignor) in and by his last will and testament in writing, or any writing in the nature of or purporting to be his last will and testament, or any codicil thereto duly executed by him, shall give, bequeath, or dispose of the same; and for want of such gift, bequest, or disposition, Then UPON TRUST to assign, transfer, and make over the said stocks, funds, or securities unto the executors or administrators of the said (assignor). PROVIDED ALWAYS, and it is Power to vary hereby declared and agreed by and between the said parties to these presents, that for and notwithstanding any of the trusts aforesaid, it shall and may be lawful to and for the said (assignees) or the survivors or survivor of them, his executors, administrators, and assigns, at the desire or with the consent and approbation of the said (assignor) during his life and after the decease