AGREEMENTS. Assign. mentioned, and of the covenants hereinafter contained on the part of the said (assignor) to be performed, DOTH hereby (as much as in him. lies) absolutely assign, transfer, set over and relinquish unto the said (assignee), his heirs and assigns [or executors, administrators, and assigns, if the premises be leasehold] to and for his and their own use and benefit, all and every the interest, property, benefit, advantage, claim and demand whatsoever, both at law and in equity, which he the said (assignor), or any person or persons in trust for him, now hath or have, or at any time hereafter shall or may have or be entitled under or by virtue of his said bidding or the said report, in or to the lands, hereditaments, and estate, late of, &c. (as the case may be) in the said particulars of sale, so exhibited as aforesaid is mentioned, and subject to the terms and conditions thereunder written in all things. And he the said (assignor), doth by these Power of attorpresents constitute and appoint the said (assignee), his heirs and ney. assigns, [or executors, &c.] to stand in the room, place and stead, and use the name of him the said (assignor) (1) in all acts, matters and things whatsoever, whether in the said Court of or before the said Master, or elsewhere, to be done or performed for completing the said purchase or otherwise in relation thereto, and for requiring and having a good and sufficient conveyance made of the same unto and to the use of him, the said (assignee) his heirs and assigns [or executors, &c.] or as he or they shall require, and that as fully, effectually, and absolutely, and in as beneficial a manner, to all intents and purposes whatsoever, as would have belonged to him the said (assignor) or his heirs, [or executors, &c.] if these presents had not been made, and as if the said (assignee) had been the best bidder and reported purchaser of and for the said premises, instead of him the said (assignor); And he (the assignor) his heirs, &c. shall and will at his and their own expense, at any time or times hereafter, make or concur in any application to the said court which may be requisite to constitute him, the said (assignee), the purchaser thereof, in lieu of him the said (assignor), and all such other acts and things, (1) A mere contract, or other chose in action, not being at law as- Power of attor signable, it is necessary that a power should be given to the assignee to ney. use the name of the assignor in whatever may be necessary to com plete it. See Delaney v. Stoddart, 1 Durn. & East. 26, and ante MOD. PREC. Vol. III. p. 327.n. AGREEMENTS Court. completing first purchase. as may be necessary and expedient to give effect and confirmation Assign. to these presents according to the true intent and meaning of the Further witness. same. AND THESE PRESENTS FURTHER WITNESS, that he the Assignee covenants to stand in said (assignee) in consideration of the relinquishment, assignment, place of assignor. or transfer hereinbefore made, or intended to be made to him by the said (assignor) as aforesaid, DOTH for himself, his heirs, executors, and administrators, covenant, promise and agree with, and to the said (assignor) his heirs [or executors and administrators] and assigns by these presents in the manner following, (that is to say) that he, the said (assignee) his heirs [or executors and administrators] and assigns shall and will from henceforth stand in the place and stead of him, the said (assignor), in all things for completing the purchase of the said lands, hereditaments, and estate, Obey orders of late of him the said, &c. as aforesaid. And shall and will obey and perform all and every such orders, decrees, and directions, as shall or may from henceforth and from time to time be made or given Pay expences of by the said Court, touching or concerning the same. AND, also, that he the said (assignee) his heirs [or executors and administrators] and assigns shall and will pay and discharge all and all manner of costs, charges, and expenses whatsoever, which shall or may be incurred, and allowed by the said Master, for or in completing Pay original pur- the said purchase. AND, upon having a good and proper conveyance or assurance made to him and them, shall and will pay, or cause to be paid, the said purchase money or sum of £ to such person or persons, or so and in such manner, as the said court shall and the present in that behalf order or direct. AND further, that he, the said (assignee) his heirs, executors, or administrators shall also, and will thereupon and immediately thereafter, well and truly pay, or cause to be paid, unto the said (assignor) his executors, administrators, or assigns, the said sum of £ hereby agreed to be paid for the And indemnify purchase of his estate and interest in the said premises. AND lastly, that he the said (assignee), his heirs, executors, or administrators shall and will from time to time, and at all times hereafter, save, defend, keep harmless, and indemnified the said (assignor), his heirs, executors, and administrators, and his and their real and personal estates and effects, from and against all orders, decrees, actions, suits, costs, charges, damages, and expenses whatsoever, which shall or may fall upon or be occasioned or sustained by him or them, or wherein he or they may be liable, by reason or on account of his the said (assignor) being reported the purchaser of the said estate and premises, or of the failure of him the said (assignor) his heirs [or chase inoney, consideration money, the assignor. executors or administrators], or of him the said (assignee), in completing the said purchase, or obeying the orders, decrees, or directions of the said court relating thereto, or otherwise by reason of these presents. IN WITNESS whereof, the said parties hereto have [interchangeably] put their hands and seals (1), this &c. AGREEMENTS. Assign. (1) An agreement of the above kind should be under the scal of the Sealing, &c. assignor (but that of the assignee is not so material); and the assignor should have a counterpart under the hand at least of the assignee; hence the usual way is for both parties to sign and seal the agreement, and each to retain one in which the word [interchangeably] will be omitted. -See also ante case INTROD. p. vi. ix. et seq. With respect to the proper stamp see ante INTROD. p. xiv. et seq; but Stamp. if under seal it is to be considered as a deed, see ibid. AGREEMENTS. Bailiff. No. VIII. *An Agreement between a Landholder and a Bailiff for the Management of a Farm, &c. Witness. Bailiff will manage to the best of his skill. Principal will pay salary. ARTICLES of agreement, [indented,] made the day of in the year of our Lord 18 BETWEEN (the principal), of, &c. of the one part, and (the bailiff), of, &c. of the other part. WHEREAS the said (principal) hath agreed with the said (bailiff ) to be his bailiff, land-steward, or agent, for managing the farm and lands of the said (principal) at in the county of for or after the rate of the sum or salary of £ the and the day of day of in every year, well and truly account to him the said (principal), his heirs, [executors, administrators,] and assigns for all sums of money which he shall have received and paid during the preceding quarter of a year, for or on account of the said farm and lands, and the stock and growing produce thereof; and pay over the same, or the balance thereof (after retaining such expenses and allowances) unto him and them. AND in consideration of the covenant and agreement hereinbefore contained on the part of the said (bailiff), he the said (1) See ante, pp. 25, 26. AGREEMENTS, Bailiff. |