Assignment of a Debt, or Wages.

Know all men by these presents: That I, A. B., of, &c., for and in consideration of the sum of dollars, to me paid by C. D., of, &c., the receipt whereof is hereby acknowledged, have sold, and by these presents do sell, assign, transfer, and set over unto the said C. D., a certain debt due me from E. F., amounting to the sum of dollars, for goods sold and delivered [or, work, labor, and services], with full power to sue for, collect, and discharge, or sell and assign the same: And I hereby covenant, that the said sum of dollars is justly due as aforesaid.

In, witness, &c.

Assignment of Policy of Insurance.

Know all men by these presents: That I, A. B., of, &c., in the annexed policy named, for and in consideration of the sum of one dollar, to me in hand paid by C. D., of, &c., the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over unto the said C. D., the annexed policy of insurance, and all sum and sums of money, interest, benefit, and advantage whatsoever, now due, or hereafter to arise, or to be had or made. by virtue thereof; to have and hold the same unto the said C. D. and assigns forever.

In witness, &c.

The above assignment is approved.

M. R., President [or, Secretary]
Insurance Company.

of the

Assignment of Policy as Security.

Know all men, &c., [as in the foregoing to the end, and then add:] upon the condition, however, that if a certain promissory note for the sum of dollars, bearing date the

of

day

, given by the said A. B. to the said C. D., is well and truly paid, according to the terms thereof, then this assignment is to be void.

In witness whereof, &c. [adding the approval in the foregoing if necessary].

Assignment of a Seaman's Wages.

Know all men: That I, A. B., for and in consideration of the sum of in which I am justly indebted to C. D., of &c., have hereby assigned, sold, and set over, and by these presents I do hereby assign, sell, and set over, unto the said C. D., all such small sums of money as are now due and owing to me, the said A. B., for wages or services on board the ship or vessel

called the

to

from the master or owner of said vessel, on board of which vessel I served as a mariner on her voyage from which has recently terminated, with full power to prosecute the said vessel, her tackle, apparel, and furniture, freight, cargo, and any and all persons fiable therefor, and receive and recover the same, and give discharges therefor.

[Add covenants that A. B. has not released, and that he will give further assurance.]

In witness whereof, &c.

Assignment of a Patent.

Whereas letters patent bearing date the

, in the year

day of

were granted and issued by the government of the United States, under the seal thereof, to A. B., of the town of in the county of

in the state of for [here state the nature of the invention in general terms, as in the patent] a more particular and full description whereof is annexed to the said letters patent in a schedule; by which letters patent, the full and exclusive right and liberty of making and using the said invention, and of vending the same to others to be used, was granted to the said A. B., his heirs, executors, administrators, or assigns, for the term of fourteen years from the said date:

Now know all men by these presents, that I, the said A. B., for and in consideration of the sum of dollars, to me in hand paid, the receipt whereof is hereby acknowledged, have granted, assigned, and set over, and by these presents do grant, assign, and set over, unto C. D., of the town of

and state of

in the county of his executors, administrators, and assigns, forever, the said letters patent, and all my right, title and interest, in and to the said invention, so granted unto me: To have and to hold the said letters patent and invention, with all benefit, profit and advantage thereof, unto the said C. D., his executors, administrators, and assigns, in as full, ample, and beneficial a manner, to all intents and purposes, as I, the said A. B., by virtue of the said letters patent, may or might have or hold the same, if this assignment had not been made, for and during all the rest and residue of the said term of fourA. B.

teen years.

In witness, &c.

General Assignment by an Insolvent Creditor, for the Benefit of his Creditors. (For use in Oregon or Washington.)

the first part, C. D., of of the second part, and the several persons, creditors of the said party of the first part, of the third part, witnesseth:

That whereas the party of the first part is indebted to divers persons in considerable sums of money, which he is at present unable to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or priority other than that provided by law:

Now, the party of the first part, in consideration of the premises, and of one dollar paid to him by the party of the second part, hereby grants, bargains, sells, assigns, and conveys unto the party of the second part, and his heirs and assigns, all his lands, tenements, hereditaments, goods, chattels, property, and choses in action, of every name and nature and description, wheresoever the same may be, except such property only as is exempted by law from attachment and execution, as freely described and set forth in the schedule hereto annexed and made a part of this assignment.

To have and to hold the said premises unto the said party of the second part, and his heirs and assigns;

But in trust and confidence, nevertheless, to sell and dispose of the said real and personal estate, and to collect the said choses in action, using a reasonable discretion as to the times and modes of selling and disposing of said estate, as it respects making sales for cash or on credit, at public auction or by private contract, and with the right to compound for the said choses in action, taking a part for the whole, where the trustee shall deem it expedient so to do; then in trust to dispose of the proceeds of the said property in the manner following, viz.:

First. To pay all such debts as by the laws of the United States or of this state are entitled to a preference in such cases; Second. To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents; Third To distribute and pay the remainder of the said proCeeds to and among all the parties of the third part, ratably, in proportion to their respective debts;

And, if there should be any surplus, after paying all the parties of the third part in full, then in trust,

Fourth. To pay over such surplus to the party of the first part, his executors, administrators, or assigns.

And the party of the first part hereby constitutes and appoints the party of the second part his attorney irrevocable, with power of substitution, authorizing him, in the name of the party of the first part, or otherwise, as the case may require, to do any and all acts, matters, and things, to carry into effect the true intent and meaning of these presents, which the party of the first part might do if personally present.

And the party of the second part, hereby accepting these trusts, covenants to and with each of the other parties hereto, to execute the same faithfully.

And the party of the first part hereby covenants with the said trustee, from time to time, and at all times when requested, to give him all the information in his power respecting the assigned property, and to execute and deliver all such instruments of further assurance as the party of the second part shall be advised by counsel learned in the law to be necessary in order to carry into full effect the true intent and meaning of these presents.

In witness whereof, the said parties have hereto set their hands and seals the day and year first above written.

Sealed and delivered in

A. B. [L. s.]

C. D. [L. S.]

G. H.

Transfer of Stock.

For and in consideration of the sum of ten thousand dollars to me in hand paid, I do hereby sell, assign, and transfer to Jonas Whacke, three shares of stock belonging to me, of the "Poverty Bar Mining Association," of the denomination of five thousand dollars each, and being shares numbered respectively, 321, 375 and 376, and now standing in my name on the books of said. company. And I do guarantee, that all assessments to date are duly paid upon said shares and each of them, and I authorize the secretary or other proper officer of said company, to enter this transfer upon the books of said company, showing that I have this day transferred to said Jonas Whacke the said three shares of stock of the numbers and designation above mentioned. Dated the 9th June, 1859. NAPOLEON GREENSTONE.

8

CHAPTER VI.

ATTACHMENT AND ARREST.

FOR security in the collection of debts by action at law, an attachment may be issued against the property of the defendant, or the defendant may be arrested and held to bail in certain cases. The limits and plan of the present work will admit of but little more than a statement of the cases in which an attachment or order of arrest may be issued, the statute authorizing the discharge of an imprisoned debtor, and the corresponding forms.

An attachment may be issued against the property of the defendant at the beginning of the suit, or afterward, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment in the following cases :'

The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment in the following cases: 1. Where the debtor is not a resident of this state. 2. Where the debtor has absconded or absented himself from his usual place of abode, or is about to abscond or absent himself, so that the ordinary process of law cannot be served upon him. 3. Where the debtor conceals himself, so that the ordinary process of law cannot be served upon him. 4. Where the debtor has removed, or is about to remove any of his property or effects out of this state, to the injury of his creditors, or with the intent to hinder, delay, or defraud them. 5. Where the debtor has fraudulently conveyed, assigned, or otherwise disposed of, or is about to fraudulently convey, assign, or otherwise dispose of his property or effects with the intent to hinder, delay, or defraud his creditors. 6. Where the debtor has fraudulently concealed, or is about to fraudulently conceal his

1 Laws 1858, p. 152.