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BILL OF SALE.
Bill of Sale of Goods. This indenture, made, &c. [Recite the contract for sale or mortgage, as the case may be.] Now, this indenture witnesseth, that, in consideration of, &c., he, the said A. B., hath bargained, sold, and assigned, and, &c., unto the said C. D., his executors, administrators, and assigns, all the household furniture, goods, things, utensils, and other chattels mentioned and described in the schedule hereunto annexed,
s If by way of security, recite the money due, and in consideration of the same assign the goods; and after the habendum add a proviso for making void the deed on payment of the money due ; then add the warranty, and covenant for payment of the amount due, and for quiet enjoyment until default. Or the same may be assigned in trust to sell, and after retaining the money due to the creditor, (the bargainee,) then in trust to pay the residue to the bargainor, his executors and administrators, with power to enter on the premises for effecting the sale; and add the usual warranty, which is much shorter, and equally as effectual as covenants, in regard to the right of possession and further assurance of the property. In fact, a warranty as to personal property (such as goods and chattels) is created by implication, for the purchaser of goods may have a satisfaction from the seller if the title prove deficient, although there be no express warranty. (See “ Assignments,” in trust to secure money; see also “Mortgages.")
And the said Warranty.
(or which are now in, about, or belonging to the
In witness, &c.t
The attestation may be as follows: " Signed, sealed, and delivered by the within-named (or above-named, as the case may be) A. B., (being first duly stamped,) and, at the same time, full possession of all and singular the goods, chattels
, and effects, within-mentioned, (or above-mentioned,) to be bargained and sold, were given by the said A. B. to the said C. D., by the said A. B.'s delivering to the said C. D. one chair, in the name of the whole of the same goods and premises, in the presence of,” &c.
N. B.-The possession of the goods and chattels must actually accompany and follow the deed, to make it available against creditors, except in cases where the deed being conditional or by way of mortgage, the retainer of possession by the assignor would be consistent with the terms of the assignment, but it would be valid as between the parties. (Edwards v. Harbon, 2 T. R. 587; Dutton v. Morrison, 17 Ves. 193; Steel v. Brown, 1 Taunt. 381.)
For Payment of Money. (Bond or ob- Know all men by these presents, that I, A. B., of
&c., gentleman, am held and firmly bound to C. D, of, &c., Esq., in the sum of L. (double the condition,) of lawful money of Great Britain, to be paid to the said C. D., or his certain attorney, executors, administrators, or assigns ; for which payment to be well and truly made, Iu bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal, dated the
in the year of the reign of our Sovereign Lady Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the
Faith, and in the year of our Lord 1840. (Condition of The condition of the above-written obligation is
such, that if the above-bounden A. B.,' his heirs, exepayment of money.) cutors, or administrators, do and shall well and truly
pay, or cause to be paid, unto the above-named C.
a bond for
u If two obligors, say: “ We bind ourselves, and each of us binds himself, for the whole and every part thereof, our and each of our heirs,” &c. If three or more obligors, say: “Our and each and every of our heirs," &c.
If two obligors, say: “ Or either of them, their or either of their heirs,” &c. If three or more, say: any
either of them, their, or any or either of their heirs,” &c.
D.,his executors, administrators, or assigns, the full (Condition of sum of L. (the actual sum borrowed,) of law. a bond for
payment of ful money of Great Britain, with interest for the
money.) same, after the rate of L.
for every L.100 by the year, on the
now next ensuing the date of the above-written obligation, without any deduction or abatement whatsoever, then this obligation shall be void, or otherwise the same to be and remain in full force and virtue.
The condition of the above-written obligation is (By instalsuch, that if the above-bounden A. B., his heirs, exe- ments.) cutors, or adıninistrators, do and shall well and truly pay, or cause to be paid, unto the above-mentioned C. D., his executors or administrators, the full sum of, &c., of lawful, &c., with interest for the same, after the rate of L.
for every L.100 for a year, on the days and times and in manner following; (that is to say,) the sum of L. thereof, with interest for the same, after the rate aforesaid, on the
next ensuing the date of the above-written obligation; the sum of L.
other part thereof, with interest for the same, after the rate aforesaid, on the then next following; and the sum of L. sidue thereof, with interest for the same, after the rate aforesaid, on the day of
then next ensuing, and which will be in the year of our Lord 184 ; then this obligation shall be void; but if default shall be made in payment of any or
* If two obligees, “ Or either of them, their, or either of their executors,” &c. If three or more, say: " Or any or either of them, their, or any or either of their executors," &c.
* It seems advisable to add, if the bond be accompanied by a warrant of attorney, “and which said sum is the same as is mentioned in a certain warrant of attorney, bearing even date with the above-written obligation, authorizing certain attorneys therein named to enter up judgment.”
either of the said several and respective sums of money, or any part thereof, with the interest thereof, or of any part thereof respectively, at the times and in manner above-mentioned and appointed for payment thereof respectively, according to the true intent and meaning of these presents, then this obligation is to remain in full force and virtue.
(Banker's bond for payment of advances.)
Condition in a Bond to Bankers. *Now, &c., that if the said A. B., his heirs, &c., do and shall from time to time, and at all times hereafter, reimburse and fully pay and satisfy the said C. D. and E. F., or the survivor or survivors of them, and all and every other person or persons who shall or may become partner or partners with them, or either of them, in banking business, within ten years from the date hereof, all such sum and sums of money as they or any of them shall advance or pay, for or on account of their accepting, indorsing, discounting, paying, or satisfying any bill or bills of exchange, drafts, notes, orders, or other engagements whatsoever, which he, the said A. B., shall from time to time draw, or cause to be drawn upon them, or make payable at their said banking-house; and also all and every other sum and sums of money which they, the said, &c., and the survivors, &c., shall, within the period aforesaid, or otherwise, lay out, pay, or advance, or become in anywise liable to pay on the credit of the said A. B., or on his account, to any person or persons whomsoever ; and also all such wages and allowances for advancing and pay. ing such bill or bills, drafts, notes, acceptances, ady If judgment should be entered up in default of any
of the instalments, yet upon payment of so much as may be due, and costs, the court will relieve the obligor ; but the judgment will be permitted to stand as a security for the other instalments. (Coates v. Hewit, 1 Wils. 80 ; Collins v. Col. lins, 2 Burr. 824.)
* Recite that A. B. had a banking account with, &c.