วร * An Assignment of a Conditional Bill of Sale of Goods, &c. ASSIGNMENTS. Bill of Sale (conditional). Recital of the TO ALL TO WHOM THESE PRESENTS SHALL COME (assignor) of, &c. SENDETH GREETING, WHEREAS (original assignor) of, &c. in, and conditional bill by his deed or bill of sale bearing date on or about the of " } which was in the year day of sale. (and which is annexed or underwritten to these presents) bargained, sold and assigned unto the said (assignor) all and every his goods, wares and merchandizes of him the said (original assignor) being in a ware house belonging to Messrs., situated at, &c. TO HOLD the To same unto the said (assignor), his executors, administrators and assigns for ever (as by the said recited deed or bill of sale and the sche dule thereunto annexed, reference being thereunto had, will, more fully appear), but subject to aproviso or condition therein contained, that if the said (original assignor), his executors, administrators or assigns, should pay or cause to be paid unto the said (present assignor), his executors, administrators or assigns, the full sum of £ of lawful money of Great Britain, (then justly owing to the said (present assignor). by the said (original assignor)) on the day of then next, together with interest for the same after the rate of £5. per cent. per annum, then the said bill of sale and everything therein contained should be void. AND WHEREAs the said sum of £ was not paid at the time in the said proviso mentioned for payment thereof, whereby the said bill of sale became and still is absolute at law, but all interest thereupon has been paid up to the day of last. AND WHEREAS (assignee) of, &c. has agreed with the said (assignor) for an assignment of the said bill of sale and the money due thercupon, for the sum of L Now KNOW YE, that for and in consideration of the sum of £ of lawful and current money of the United Kingdom of Great Britain and Ireland, to the said (assignor) in hand well and truly paid by the said (assignee) (the receipt whereof the said (assignor) doth hereby acknowledge), HE the said (assignor) HATH bargained, WITNESS. Assignor assigns. ASSIGNMENTS. Bill of Sale (conditional). To hold to new assignee. Subject to subsisting right of redemption. sold and assigned, and by these presents in plain and open market DOTH bargain, sell and assign unto the said (assignee), all and every the goods, wares and merchandizes in the said deed or bill of sale and schedule thereunto annexed or underwritten respectively mentioned, and to the said (assignor) bargained and sold or expressed so to be as aforesaid, and all and every the principal and interest money, now due or hereafter to grow or become due therefrom, and all the right, title, benefit, claim and demand whatsoever of him the said (assignor), in or relating thereto, under or by virtue of the said deed or bill of sale or otherwise howsoever. TO HAVE, HOLD, receive, take and enjoy all and singular the said goods, wares and merchandizes, monies and all other the premises hereby assigned or otherwise assured or intended so to be, with the appurtenances, unto the said (assignee), his executors, administrators and assigns, as his and their own proper goods, monies and effects, free and clear of all former and other debts, charges, liens and encumbrances whatsoever, committed done or suffered by him the said (assignor) or the said (original assignor), or any other person or persons whatsoever, but subject never heless to such right or equity of redemption in the said (original assignor) under or by virtue of the proviso or condition in the said in part recited deed poll or bill of sale contained in that behalf, as is or may be still subsisting or capable of being enforced. AND, &c. (Add a Covenant that debt subsisting, &c. (1) and Power of Attorney). (2) IN WITNESS, &c. Stamp. (1) See post. 468. (2) See ante, p. 450, post. p. 454. 461. *Ad valorem duty on the consideration for the assignment, see schedule to Stamp-Act, post. Vol. III. “STAMF.” No. CXXX. *Assignment of a Bond (1) given to the Sheriff by a Gaoler or Keeper, and Sureties. ASSIGNMENTS. Bond. THIS INDENTURE, made the our Lord 18 BETWEEN (assignor being the sheriff or obligee) of, &c. of the one part, and (assignee) of, &c. of the other part. WHEREAS (obligors) of, &c., by their bond or obligation in writing Recitals of bond under their hands and seals, bearing date the day of 18 , reciting THAT the said (assignor) by authority from the deputy marshal [or as the case may be] of the Marshalsea of his Majesty's most honourable household and of the prisoners therein being, and also sub-martial of the court of our sovereign Lord the King of the King's Palace at Westminster, and keeper of the prison of the said court and the prisoners therein being, had, by and with the approbation of the marshal of the said household and one of the judges of the said palace court, the custody and safe keeping of the prisoners in the Marshalsea prison in Southwark being, under his care and charge, and admitted him the said (keeper) to be a servant to him the said (assignor) in the place and office of clerk of the keeper of the prison, during the will and pleasure of him the said (assignor), and it was conditioned by the said bond or obligation that if the said (obligors) should protect and keep harmless the said (assignor) against all escapes which should happen by the neglect, privity or consent of the said (keeper) or any person employed by him, of any prisoner or prisoners then or thereafter committed unto or left in the custody of the said (deputy marshal) or the said (assignor) during the time the said (keeper) should continue servant or keeper's clerk as aforesaid; and from all actions and suits which should be brought against the said (marshal or deputy marshal) or the said (assignor) by reason of such escapes; and from all damages and demands which the said (marshal or deputy marshal) or the said (assignor) or his securities should sustain concerning the same, or any other thing happening by reason of the nonperformance, misperformance or negligence of the said (keeper) in his said office. AND (1) See post. No. CXXXV. notes. of the assignor. ASSIGNMENTS. Bond. said bond. also if the said (keeper) at all times thereafter should make a just and true account with and payment to the said (assignor) or the said (marshal), or to any of the judges or officers of the said court belonging, which he or any person entrusted by him should receive of any prisoners or other persons, or for which he should give credit to any prisoners or other persons; and also if the said (keeper) should pay the said (assignor) all such sums of money as he or any one entrusted by him should receive for the use of any plaintiff or plaintiffs at whose suit any prisoner then did or hereafter should stand charged with in the custody of the said (deputy marshal) or the said (assignor) in the said prison; and if he, the said (keeper) should faithfully perform all other services and things which to the said office or place of keeper as aforesaid of the said (assignor) should belong during his continuance in such office, then the said obligation was to be void, or else to remain in full force and virtue, as by the said bond or obligation relation being Money due upon thereunto had will more fully appear. AND WHEREAS the said (keeper) is justly indebted to the said (assignor) in the sum of £15. for fines and fees received by him for the use of the said (assignor), as by an acknowledgement thereof under the hand of the said (keeper), bearing date on or about the day of doth appear, NOW THIS INDENTURE ÅWITNESSETH that for and in consideratherefore assigns tion of the sum of £of lawful money of the United Kingdom of Great Britain and Ireland to the said (assignor) in hand paid by the said (assignee); at or before the sealing and delivery of these presents, the receipt whereof the said. (assignor) doth hereby aeknowledge, [and thereof and therefrom doth acquit, peldase-and discharge the said (assignee), his executors; administators and assigns, by these presents] he the said (assignor) HATH bargained, sold, assigned, transferred and set over, and by these presents-Dog bargain, sell, assign, transfer,and set over unto the said (assignee), his executors, administrators and assigns, ALL that the said in part recited bond or obligation, and all that the said sum of form sila ni sp...due and...owing by or from the said (obligor) to the said (assignor) as aforesaid, and all the estate, right, title, interest, claim and demand whatsoever, of him the said (assignor), ! To HAVED AND TO HOLD the said bond or obligation, suht of money and other: the premises hereby assigned or otherwise assured or intended so to be unto and by him the said (assignee),, his executors, administrators and assigns, to his and their own proper use and Power of attor- benefit. AND for the consideration aforesaid, he the said -(assignor) hath made, ordained, constituted and appointed, and by these presents Doтн make, ordain, constitute and appoint the said (assignee), his ex WITNESS. The assignor bond and monies due thereupon. To hold absolutely. ney. ASSIGNMENTS: Bond. Covenant that the bond is in full force and .. shall so remain. ecutors, administrators and assigns, his true and lawful attorney and attornies irrevocable in the name of him the said (assignor), or in his or their own name or names, but to and for the sole proper use and behoof of him the said (assignee), his executors, administrators and assigns, to ask, demand, sue for, recover and receive, of and from the said (obligors) or any or either of them, their, any or either of their heirs, executors or administrators, the said hereby assigned premises, and every part thereof, and upon receipt thereof, or of any part thereof, acquittances or other discharges in the name of him the said (assignor), or in his or their own name or names, to make, seal and deliver; and for nonpayment thereof, to arrest,' imprison, implead and out of prison to deliver the said (obligors), or any or either of them, their, any or either of their heirs, executors or administrators; and to agree and compound for the same as shall seem requisite to him the said (assignee), his executors, administrators or assigns, giving and hereby granting unto his said attorney full power to act and do in the premises as fully to all intents and purposes as he the said (assignor) might or could have done if these presents had not been made. AND the said (assignor), for himself, his executors, administrators and assigns, Dori covenant, promise and agree with and to the said (assignee), his executors, administrators and assigns, by these presents, that the said bond or obligation now stands in full force and virtue, and that he the said (assignor) hath not done nor hereafter shall or will do any act, matter or thing whatsoever, whereby to release or discharge the said bond or obligation or the said sum of L hereby assigned or any part thereof, nor revoke the power and authority hereby given, or obstruct or hinder the said (assignee), his exccutors, administrators or assigns, in recovering, receiving and getting in the same; but shall and will permit and suffer him the said (assignee), his executors, administrators or assigns, peaceably and quietly to recover and receive the said assigned premises to his and their own use and uses, hereby ratifying and confirming all and whatsoever the said (assignee), his executors, administrators or assigns shall lawfully do or cause to be done in or about the execution of these premises by virtue of these presents. AND FURTHER, that he the said (assignor), his executors, adminis- Covenant for trators and assigns, shall and will from time to time and at all times. hereafter, at the request, costs and charges of the said (assignee), his executors, administrators or assigns, make, do and execute such further and other assurances in the law for the better assigning the said premises and enabling him the said (assignee), his exccutors, ad further assu rance. |