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The law governing voluntary assignments by insolvent debtors, is substantially as quoted above, in treating of the law of assignments in Oregon.

FORMS.

Simple Form of Assignment (to be Endorsed upon an Instrument.) In consideration of the sum of dollars to me in hand paid, by Geo. L. Kenny, of, &c., the receipt whereof is hereby acknowledged, I do hereby transfer, assign, and set over to the said Geo. L. Kenny, his heirs and assigns forever, all my right, title, or interest in and to the within instrument.

Witness my hand and seal, this fifth day of May, 1861. ALBERT L. BANCROFT. [L. 8.]

In presence of C. M. DERBY.

Assignment of Bond.

Know all men by these presents: That I, A. B., of, &c., of the first part, for and in consideration of the sum of one thousand dollars, lawful money of the United States of America, to me in hand paid by C. D., of, &c., of the second part, the receipt whereof is hereby acknowledged, have bargained, sold, and assigned, and by these presents do bargain, sell, and assign, unto the said party of the second part, his executors, administrators, and assigns, a certain written bond or obligation, and the condition thereof, bearing date the fifth day of May, one thousand eight hundred and sixty, executed by E. F. to the said A. B., and all sum and sums of money, due, or to grow due thereon: And I hereby covenant with the said party of the second part, that there is now due on the said bond or obligation, according to the condition thereof, for principal and interest, the sum of dollars.

In witness, &c.

Assignment of Note and Mortgage.

Mortgage dated the day of, &c., executed by E. F., and M. his wife, to A. B., on certain premises described therein, being part of 50 Vara, lot No. 203, in the city and county of San Francisco; recorded in the office of the recorder of said county, in book No. of Mortgages, pages Note bearing date the day aforesaid, executed by E. F. to A. B., aforesaid, in the sum of dollars, secured by the above mortgage, on the

interest at two per cent. per

day of

month.

&c.

18 with

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In consideration of dollars, to me paid, by C. D., of, &c., I do hereby assign, transfer and set over, unto the said C. D., the mortgage above described, and the note accompanying the same, as aforesaid, for his use and benefit; hereby authorizing him to collect and enforce payment thereof, but at his own costs and charges. And I do hereby covenant that the sum dollars, with interest from the day

of

of

last past, is now due and owing on the said bond and mortgage; and that I have good right to sell and assign the

same.

In witness, &c.

The Same, Endorsed on Mortgage.

In consideration of dollars, to me in hand paid, by J. W. Park, of, &c., I do hereby sell, assign, transfer, and set over, unto the said J. W. Park, the within indenture of mortgage, together with the note accompanying the same, for his use and benefit.

Witness my hand and seal, &c.

Assignment of Mortgage and Note.-Another Form.

Know all men by these presents: That I, Michael C. Nye, of the first part, in consideration of the sum of one thousand dollars, lawful money of the United States of America, to me in hand paid by John Bidwell, of the second part, the receipt of which is hereby acknowledged, have granted, bargained, sold, assigned, transferred and set over, unto the said party of the second part, a certain Indenture of Mortgage bearing date the tenth day of May, A. D. one thousand eight hundred and fiftytwo, made and executed by George Thompson, to the said party of the first part, to secure the payment of the sum of eight hundred dollars; together with the promissory note or obligation therein described, and the money due or to grow due thereon, with the interest; which said Indenture of Mortgage is recorded in the office of the recorder of the city and county of San Fran cisco, in Liber of Mortgages, page on the eleventh day of May, A. D. 1852, to have and to hold the same unto the said party of the second part, his executors, administrators and assigns, for their use and benefit; subject only to the proviso in the said Indenture of Mortgage mentioned.

And I do covenant to and with the said party of the second part, that I am the lawful owner and holder of the said note and mortgage, and that I have good right to sell, transfer and assign the same as aforesaid. And I do hereby covenant to and with the said party, of the second part, that there is now due and

owing upon the said note and mortgage, the sum of eight hundred dollars, with interest from the first day of March, A. D. one thousand eight hundred and fifty-seven.

In witness whereof I have hereunto set my hand and seal, the tenth day of February, A. D. one thousand eight hundred and fifty-nine.

MICHAEL C. NYE. [L. S.]

Signed, sealed and delivered in the presence of

Assignment of Bond and Mortgage as Collateral Security.

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This indenture, &c., [as in the forms preceding, then add:] But this indenture [or, this assignment] is, nevertheless, made upon this express condition, that if the said A. B., his heirs, executors or administrators, shall well and truly pay, or cause to be paid, unto the said C. D., his heirs, executors, administrators or assigns, the sum of dollars, on or before the day of 18 with interest from the date hereof, this indenture [or, this assignment] shall be void and of no effect; it being made for the purpose of securing the payment of the said sum of dollars, with interest, as aforesaid, and for no other purpose whatever: And in case the said C. D., his heirs, executors, administrators or assigns, shall collect and receive the money due on said mortgage hereby assigned, he or they shall, after retaining the sum of dollars, with the interest thereon, and his or their reasonable costs and charges in that behalf expended, pay the surplus, if any there be, to the said A. B., his heirs, executors, administrators or assigns. In witness whereof, the said parties have hereto set their respective hands and seals, the day and year first [or, the

day of

, 18.

above written,
A. B. [L. S.]
C. D. [L. S.]

Signed, sealed, and delivered, in presence of G. H.

Assignment of Lease.

Know all men by these presents: That I, A. B., of, &c., for and in consideration of the sum of dollars, lawful

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money of the United States, to me paid, by C. D., of, &c., have sold, and by these presents, do grant, convey, assign, transfer and set over, unto the said, C. D., a certain indenture of lease, bearing date the day of in the year one thousand eight hundred and sixty [when recorded, add the name of the county, the volume and page], made by L. M., of, &c., to me, the said A. B., of a certain dwelling-house and lot, situate in, &c., with all and singular the premises therein mentioned and described, and the buildings thereon, together with the appur

tenances; to have and to hold the same unto the said C. D., his heirs, executors, administrators and assigns, from the day next, for and during all the rest, residue and remainder, of the term of years mentioned in the said indenture of lease; subject, nevertheless, to the rents, covenants, conditions and provisions, therein also mentioned: And I do hereby covenant and agree, to and with the said C. D., that the said assigned premises now are free and clear, of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments and encumbrances whatsoever.

In witness, &c. [as above].

Assignment of Judgment-short Form.

For and in consideration of one dollar, to me in hand paid, and for professional services rendered me by Francis Gross, Esq., I do hereby assign, transfer and make over unto him, all my right, title and interest in a certain judgment by me obtained against Joseph Lockwood, in the county court of the city and county of San Francisco, and docketed, this twenty-fifth day of May, A. D. 1859, for the sum of two hundred dollars damages, and ten dollars costs.

In witness whereof I have hereunto set my hand, the day and year last mentioned. H. REARDON.

The Sume, in another Form.

County Court, Monterey County:

A. B.

against

E. F.

Judgment docketed 1st July, 1859, for $195 damages and $8.25 costs.

For value received, I do hereby assign, transfer, and set over, the above mentioned judgment, to C. D., for his use, and at his risk, costs and charges, in all respects.

Dated the

day of

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A. B.

Assignment of Judgment.

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This indenture, made the fifth day of April, in the year of our Lord one thousand eight hundred and between Henry H. Byrne of the first part and James F. Bowman of the second part, witnesseth, whereas, the said party of the first part, on the first day of March, one thousand eight hundred and fifty-six, recovered judgment in the District Court of the fourth judicial district of the state of California, against Philip Huchings, for the sum of five thousand dollars.

Now this indenture witnesseth, that the said party of the first

part, in consideration of the sum of three thousand dollars, to him duly paid, has sold, and by these presents does assign, transfer, and set over, unto the said party of the second part, and his assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part does covenant, that there is now due on the said judgment the sum of four thousand dollars, and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises. In witness whereof, the party of the first part has hereunto set his hand and seal the day and year above written. HENRY H. BYRNE. [L. S.]

50

Assignment of Judgment-full Form.

In consideration of the sum of thirty-four hundred and ninety 10 dollars lawful money of the United States of America, to me in hand paid, at or before the ensealing and delivery of these presents, by William C. Belcher, of the city of Marysville, the receipt whereof is hereby acknowledged, I, Erwin Davis of the city of San Francisco, do hereby sell, assign, transfer and set over to the said William C. Belcher and his assigns, all my right title and interest, in and to a certain judgment, recovered by me in the District Court of the twelfth judicial district of the state of California, against Alvin Adams, Daniel H. Haskell and Isaiah C. Woods, composing the firm of Adams & Co., for the sum of thirty-four hundred and thirty-five dollars, besides costs, fifty-five dollars, making in all thirty-four hundred and ninety dollars, on the sixteenth day of June, A. D. 1855, and all sum and sums of money that may be had or obtained by means thereof, together with the said judgment. Hereby constituting and appointing the said William C. Belcher my true and lawful attorney irrevocable, with power of substitution and revocation, for his use and at his cost and charges, to take all lawful ways and means for the recovery of the money due or to become due on said judgment, and on payment to acknowledge satisfaction of, or discharge the same. Hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.

50

100

50

100

In witness whereof, I have hereunto set my hand and seal this 22d day of August, A. D. 1855. ERWIN DAVIS. [L. S.] Sealed and delivered in presence of W. LEWIS.

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