No. CXXXII.

*An Assignment of a Cargo on board a ship.
Variation where it is of part only of the cargo.

ASSIGNMENTS.

Cargo.

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the assignor) of, &c. owner [or part owner if so] of the ship or vessel called the of the burthen of tons or thereabouts, whereof (master)

is master, SENDS GREETING. WHEREAS there is a cargo or ad- Recital of cargo. venture of [name the goods, &c.] on board the said ship at [onepart whereof belongeth to and is] the property of the said [part] owners of the said ship. AND WHEREAS the said (assignee) hath, at or before the sealing hereof, paid unto the said (assignor) the sum of £ for [his part of] the cost of the said cargo, the receipt whereof the said (owner) doth hereby acknowledge. Now KNOW YE, that for and in consideration of the said sum of £ so paid unto the said (assignor) by the said (assignee) as aforesaid, he the said (assignor) HATH bargained, sold, and assigned and set over, and by these presents DOTH bargain, sell, assign and set over unto the said (assignee) ALL that full and equal part of] the cargo of (goods) on board and [of and in] all the produce, proceeds,

[

WITNESS. Owner assigns.

signee abso

the said ship effects, gains and advantages by and in respect thereof, and all his right, title, claim and demand of, in and to the same; TO HAVE, To hold to ashold and receive the same unto and by him the said (assignee), lutely. his executors, administrators and assigns, for his and their own proper use and benefit, and as his and their own proper goods and chattels, for ever. AND, &c. (power of attorney) (1). the said (assignor) for himself, his executors and administrators, quiet enjoydoth covenant, declare and agree to and with the said (assignee), his executors, administrators and assigns, by these presents, in the manner following, (that is to say) that he the said (assignee), his executors, administrators and assigns, shall and lawfully may

AND

Covenant to

assignor for

ment.

(1) See ante, p. 450.

ASSIGNMENTS.

Cargo

Further assurance.

at all times hereafter have, take, receive and enjoy, to and for his
and their own use and benefit [
full and equal
part of] all and every the produce, effects, proceeds, profits and ad-
vantages to be had, made or derived from or in respect of the said
cargo or adventure, or goods and merchandize laden on board the said
ship
without any let, suit, trouble, denial or interruption
of or by the said (assignor), his executors or administrators; and that
free and clear of and from all former and other bargains, sales,, as-
signments, debts, charges, liens and encumbrances whatsoever by
him the said (assignor) committed, done or knowingly suffered.
AND further, that he the said (assignor), his executors and adminis-
trators, shall and will at all times hereafter do, perform and exe-
cute, and cause to be done, performed and executed all such further
and other acts, deeds and things for the better or more satisfactorily
assigning and assuring the goods and premises so hereby sold and
assigned unto the said (assignee), his executors, administrators and
assigns, as aforesaid, or intended so to be, and for enabling him and
them to demand and receive, and have and retain the same to
his and their own proper use and benefit as by him or them, or his
or their counsel in the law, shall be reasonably advised or required.
IN WITNESS, &c.

Stamp.

Ad valorem on the amount of the consideration paid for the assignment; see post. Vol. III. " STAMP."

No. CXXXIII.

*An Assignment by a Master, to a part Owner of a Ship, of his proportion of a Debenture made for the Ship's hire.

ASSIGNMENTS.

Debenture.

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the master)
of, &c. master of the ship or vessel called the
of the burthen

of

part,

Recital of debenture.

to part owner.

tons or thereabouts, late in his Majesty's transport service [or as the case may be], SENDS GREETING. WHEREAS there is now due and owing from his Majesty's Government to the owners of the said ship for the service and employ thereof, the sum of £ , for which sum several debentures have been made out, and signed by the commissioners of his Majesty's transport service, unto and in the name of the said (master), but for the use of the said owners respectively. AND whereas (the assignee) of, &c. is the owner of parts of the said ship, and there is due and belonging to him the sum of e , part of the aforesaid sum of £ for his said " in the said ship. Now THEREFORE KNOW YE, that the said (master) Master assigns by reason and in consideration of the sum of £ › part of the said sum of £ , being so due and belonging to the said (assignee) as aforesaid and in order that he may have and receive the same; [and in consideration of the sum of 58., to him the said (master) in hand well and truly paid by the said (assignee), the receipt whereof is hereby acknowledged] he the said (master) HATH bargained, sold and assigned, and by these presents DoTH bargain, sell, and assign unto the said (assignee), his executors, administrators and assigns, ALL that the said sum of £ , part of the said sum of £ , so now due and belonging from his Majesty's Government to the owners of the said ship (name) and for which debentures have been made out as aforesaid, and also of the same debentures, and all benefit and advantage thereof, and all the right and title of him the said (master) in or to the same, TO HAVE, HOLD, receive and take the said sum of £

part

deben

ASSIGNMENTS.

Debenture.

tures and premises hereby assigned or intended so to be, unto and by him the said (assignee) his executors, administrators and assigns, as his and their own proper monies and effects. And, &c. [add covenant by the master that he has not released, &c. (1) and power of attorney (2)]. IN WITNESS, &c.

(1) See ante, p. 455. post. 468.

(2) See ante, p. 450, post. 467.

Stamp.

*The above assignment will require only a common deed stamp of £1 15s.; see post Vol. III. " STAMP".

year of the reign, &c. and in the year of our Lord 18,

BETWEEN (the assignor) of, &c. of the one part, and (the assignee)

of, &c. of the other part. WHEREAS (the debtor) of, &c. is in- Recital of debt.

(1) Debts of every kind being outstanding interests, are what are called choses in action, i. e. things reducible into possession only by action or suit at law, hence an assignment of a debt comes within the general principles of maintenance, or the transfer of a cause of action to a stranger, which was prohibited by "the wisdom and policy of the founders of our law, lest it should give rise to suits and contentions." See Co. Lit. 266; 2 Roll. Ab. 45. F. pl. 6; Skin. 6. 26; Lampet's Ca. 10 Co. 48. a.; with the exception of promissory notes, and some other things assignable by particular acts of parliament; and also except in the case of the King, see 2 Ves. 181; see 3 and 4 Ann. c. 9; 4 and 5 Ann. c. 16. But where assignments of choses in action were made for a valuable consideration, they were always supported by the Courts of Equity upon principles of natural justice, entitling a man to receive what he had paid for; see 3 Ch. Rep. 90; Robinson v. Bavasor, 3 Vin. Ab. 155. pl. 29; Browne v. Heathcote, 1 Atk. 160; Wright v. Wright, 1 Ves. 411; Crouch v. Martin, 2 Vern. 595; and although the assignment be without any valuable consideration it will be good as against the assignor himself and his representative; Wright v. Wright, 1 Ves. 409. The rigid doctrine which anciently prevailed on the assignment of choses in action is now greatly relaxed in the Courts of law also; see Master v. Miller, 4 Durnf. and E. 320; and the assignee is recognised even by those Courts, subject only to a qualification with respect to the form to be pursued in the proceedings for the recovery of the thing assigned; see Wright v. Bell, Dan. 95. 5 Pri. 325. S. C.

Debts not

assignable at law;

but are in

equity, if for a valuable consideration.

(2) It is not absolutely necessary that the assignment of a chose in Need not be by action should be by deed, for not being strictly transferable from one deed. person to another, the instrument of assignment is to be considered rather as evidence of the parting with the right of the assignor, than as transfering the thing itself to the assignee: see Howell v. Mac Ivers et al. 4 Durnf. and E. 693.