ASSIGNMENTS. Debts (co-partnership). Assignment from A to B. Letter of attor ney to receive. He the said (first party)] HATH bargained, sold, assigned and qui claimed, and by these presents DOTH bargain, sell, assign and quit claim unto the said (second party), his executors, administrators and assigns, all, every and singular the debt and debts, sum and sums of money, dues and demands which are set forth or mentioned in the first schedule hereunder written, marked or distinguished by the letter A. And all the right, title, interest, claim, part, share and proportion whatsoever of him the said (first party) of, in or to the same, and every or any of them, under or by virtue of the said in part recited articles of co-partnership or otherwise howsoever. AND the said (first party) hath made, constituted and appointed, and doth hereby make, constitute and appoint the said (second party) his true Covenant by as- lawful, and only attorney, &c. (1). AND the said (first party), for himself, his executors and administrators, doth hereby covenant and declare, to and with the said (second party), his executors, administrators or assigns, that he the said (first party) hath not at any time heretofore received, released, discharged, cancelled or annulled any or either of the debts, sums, dues or demands hereinbefore assigned or otherwise assured to the said (second party), or intended so to be, or any bill of exchange, note, promise or other security for, or relative to the same, or any or either of them, or any part thereof. Nor will receive, And further, that he the said (first party), his executors or ad signor that he hath not received, &c. &c. Further assu rance. ministrators shall not, nor will at any time hereafter receive, release, discharge, cancel or annul the said debts or sums, bills, notes, premises, securities, dues or demands, or any or either of them, or any part thereof, nor release, impede or prejudice any action, suit or process to be instituted by him the said (second party) for recovering, receiving, or relating to the same, or any or either of them, without the approbation or consent in writing of him the said (second party), his executors, administrators or assigns, for that purpose. AND moreover that he the said (first party), his executors and administrators, shall and will at all or any time or times hereafter, at the request and expense of the said (second party), his executors, administrators or assigns, do or cause to be done, any such further or other act or thing for the better and more perfectly or satisfactorily truly paid by the said (second party) to the said (first party), the receipt whereof he the said (first party) doth hereby acknowledge, and of and from the same doth hereby absolutely acquit and discharge the said (second party), his executors and administrators.” (1) See and proceed as ante, p. 467. assigning, confirming or assuring the debts, sums and premises expressed or intended to be hereby assigned, or any or either of them, or any part of the same, unto the said (second party), his executors, administrators or assigns, or for enabling him or them to receive the same to or for his and their own use and benefit as he or they, or his or their counsel in the law, being of the degree of a barrister, shall reasonably require or advise. AND, &c. [add covenant by assignee to indemnify assignor against costs of actions, &c. (1)]. AND THIS INDENTURE FURTHER WITNESSETH, that in pursuance also of the said hereinbefore mentioned agreement, HE the said (second party) HATH, &c. [add assignment of the debts mentioned in the second schedule from the second party to the first party in like manner as the preceding assignment of those in the first schedule from him to the second party, with like covenants]. WITNESS, &c. IN ASSIGNMENTS. Debts (co-partnership). (1) See ante. p. 468. Common deed stamp; see post. Vol. III. "STAMP." Stamp. ASSIGNMENTS. Dividends (bankruptcy) No. CXL. *An Assignment of Dividends under a Commission of Bankruptcy. THIS INDENTURE made the day of in the year of mission, &c. 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 [recite commission of bankrupt, and And whereas the said (assignor) hath under the said commission, as due to him AND whereas the said (assignee) hath Recital of com- other part. WHEREAS, &c. proceedings thereupon (1)]. proved the sum of £ from the said (bankrupt). agreed with him for the purchase and assignment of the dividends thereupon for the sum of £ NOW THIS INDENTURE WIT WITNESS. Assignee assigns debt and dividends. NESSETH, that in pursuance of the said agreement, and in consideration of the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland to the said (assignor) in hand well and truly paid by the said (assignee) at or before the sealing and delivering these presents (the receipt whereof the said (assignor) doth hereby acknowledge, and of and from the same doth acquit, release and for ever discharge the said (assignee), his executors, administrators and assigns), He the said (assignor) HATH bargained, sold, assigned, transferred and set over, and by these presents DoтH bargain, sell, assign, transfer and set over unto the said (assignee), his executors, administrators and assigns, ALL that the said debt or sum of £ so due to him the said (assignor) from the said (bankrupt), and proved under the said in part recited commission as hereinbefore is mentioned, and all and every the security and securities for the same, and all and every the sum and sums of money which shall or may be paid or payable by way of dividend upon or in respect of the same, under or by virtue of the said commission, or otherwise howsoever, and all powers, remedies and lawful means for the recovery thereof, and all (1) See ante, MOD, PREC. Vol. VI. No. VIII. P. 574. ASSIGNMENTS. Dividends (bankruptcy). To hold to assignee absolute ly. the right, title, interest, property, claim and demand whatsoever both at law and in equity, of him the said (assignor), of, in and to the same and every, or any part thereof, To HAVE AND TO HOLD, receive, perceive, take and enjoy all and every the said sum and sums of money, dividends, and premises hereinbefore assigned, or otherwise assured, or intended so to be, with the appurtenants and incidents thereto belonging unto and by him the said (assignee), his executors, administrators and assigns, to and for his and their own. use and benefit, and as his and their own proper monies and effects for ever. AND the better to enable the said (assignee) to recover and Power of attorreceive, &c. [power of attorney for assignee to demand, &c. the ney. dividends (1)]. AND the said (assignor), for himself, &c. [covenant by assignor that he has not received, &c. and for further assurance (2)]. AND, &c. [covenant of indemnity to the assignor (3)]. IN WITNESS, &c. Covenant. (1) See ante, p.454, 467. * Ad valorem on the consideration paid for the assignment; see post. Stamp. Vol. III. " STAMP." ASSIGNMENTS. Dower (by heir). No. CXLI. An Assignment of Dower (1), by the Heir. Parties. Doweress cannot take her dower until assignment. Assignment of dower must be by the heir, or person entitled day of THIS INDENTURE of two parts, made the (1) Although a woman is legally entitled to dower upon the decease of her husband, i. e. of the third part of the lands and tenements of which he was solely seised, in fee simple or fee tail, in possession at any time during the coverture, yet she cannot enter upon her part until it has been regularly assigned to her, either by the sheriff, under the King's writ, or by the heir or other tenant of the land; Co. Lit. 34. b. This assignment, however, may be by parol, as neither livery of seisin nor writing is necessary to any assignment of dower, because it is due of common right, and is considered not as a new estate, but as a continuation of the estate of her husband; Co. Lit. 35. a. (2) The person by whom the particular lands to be holden in dower are to be assigned, must be the heir of the husband (either by himself or his guardian), or other tenant of the freehold, Co. Lit. 34. b. for none can to the freehold. assign dower but those who have a freehold, or against whom a writ of dower will lie; a guardian in socage therefore, tenant by statute merchant, statute staple, or elegit, or lessee for years, cannot assign dower, they not having an estate sufficiently large to answer the plaintiff's demand; Perk. 403, 404; Co. Lit. 35. a.; 1 Roll. Ab. 681; Brodiman's Ca. 6 Co. 57. F. N. B. 148.; but a guardian in chivalry may, Co. Lit. 35. a. he having the freehold of the minor's lands. Assignment of dower by heir good, though under age. An assignment by the heir will be good although he be under the age of 21 years: but should he assign excessive dower, he may, upon attaining that age, have relief by a writ of admeasurement of dower; so if the assignment be made by the sheriff in execution of a judgment, he may have a scire facias to obtain an assignment de novo; but if he be of full age at the time, he will be bound. See Hoby v. Hoby, 1 Vern. One of co-heirs, 219; Stoughton v. Leigh, 1 Taunt. 402. And if the husband has been &c. may assign solely seised during the coverture, and afterwards convey or devise the land to two persons jointly, and die, either of the joint tenants may as sign a third part of the lands so conveyed or devised to them, to the wife, as her dower, and his co-tenant will be bound by such assignment. Co. Lit. 34. b. 35. a. dower. |