No. CXXVIII.

*An Assignment of an absolute Bill of Sale (1) of Goods, indorsed upon or annexed to the Bill of Sale.

ASSIGNMENTS.

Bill of Sale. (absolute).

sale.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I (assignor) of, &c. SEND GREETING. WHEREAS (original bargainor) of, &c. in and by Recital of bill of his deed or bill of sale, under his hand and seal, bearing date the day of and hereunto annexed [or if indorsed in and by the within written deed or bill of sale], bargained, sold and delivered (2), unto me the said (assignor), my executors, administrators and assigns, all and every his goods, wares and merchandizes, being at or in, &c. [state as in the Bill of Sale] (as the same are more particularly mentioned in the schedule or inventory to the same deed or bill of sale hereupon indorsed or hereunto annexed or underwritten). Now KNOW YE, that I the said Assignor assigns. (assignor) for and in the consideration of the sum of £

of lawful money of the United Kingdom of Great Britain and Ireland to me in hand paid by (assignee) of, &c. (the receipt whereof I do hereby acknowledge,) HAVE bargained, sold, assigned and delivered, and by these presents publicly, and in open market, Do bargain, sell, assign and deliver, unto the said (assignee) all and every the goods, wares and merchandizes in the schedule to the said deed or bill of sale annexed or underwritten, and to me bargained and sold or expressed so to be as aforesaid, and all my right, title, benefit, claim and demand whatsoever therein and thereunto, under or by virtue of the said deed or bill of sale or otherwise howsoever, TO HAVE, hold, receive, take and enjoy all and singular To hold to assigthe said goods, wares and merchandizes, and all other the premises hereby assigned or otherwise assured or intended so to be, with the appurtenances, unto him the said (assignee), his executors, adminis

(1) Of the nature, &c. of a Bill of Sale, see post. vol. II. "BILL OF SALE."

(2) As to the delivery of goods, &c. see ante, INTROD. p. xii.

nee absolutely,

ASSIGNMENTS.

ney.

Bill of Sale (absolute).

trators and assigns, to and for his and their own use and benefit, and as his and their own proper goods and chattels, from henceforth for ever, free and clear of all former and other rights, titles, charges, liens and encumbrances whatsoever [committed, done or suffered by me the said (assignor) or the said (original bargainor) or any other Power of attor- person or persons whomsoever]. AND I the said (assignor) do hereby make, constitute and appoint him the said (assignee) to be my true and lawful attorney to demand, receive and take all and singular the said goods, wares, merchandize and premises, by all lawful means and ways whatsoever, and upon the receipt thereof good and effectual acquittances and acknowledgements in my name or otherwise, to sign and give, and moreover to act in all things whatsoever concerning the premises, as I or my executors or administrators might have done, if these presents had not been made. AND, &c. (Covenant that Bill of Sale is good, &c. (1)). IN WITNESS, &c.

Stamp.

(1) See post. p. 455. 461.

Ad valorem duty on the consideration money; see schedule of stamp-act, post. Vol. III. "TAMP."

No. CXXIX.

*An Assignment of a Conditional Bill of Sale of Goods, &c.

ASSIGNMENTS.

Bill of Sale (conditional).

Recital of the

TO ALL TO WHOM THESE PRESENTS SHALL COME (assignor) of, &c. SENDETH GREETING, WHEREAS (original assignor) of, &c. in and conditional bill by his deed or bill of sale bearing date on or about the

day

(and which

is annexed or underwritten to these presents) bargained, sold and as-
signed unto the said (assignor) all and every his goods, wares and
merchandizes of him the said (original assignor) being in a ware-
house belonging to Messrs.
situated at, &c. TO HOLD the

of sale.

same unto the said (assignor), his executors, administrators and as-
signs for ever (as by the said recited deed or bill of sale and the sche-
dule thereunto annexed, reference being thereunto had, will more
fully appear), but subject to a proviso or condition therein con-
tained, that if the said (original assignor), his executors, adminis-
trators or assigns, should pay or cause to be paid unto the said (pre-
sent assignor), his executors, administrators or assigns, the full
sum of £
of lawful money of Great Britain, (then justly
owing to the said (present assignor) by the said (original assignor))
on the
day of
then next, together with interest for
the same after the rate of £5. per cent. per annum, then the said bill of
sale and everything therein contained should be void. AND WHERE-
As the said sum of £ was not paid at the time in the said proviso
mentioned for payment thereof, whereby the said bill of sale became
and still is absolute at law, but all interest thereupon has been paid
up to the
day of
last. AND WHEREAS (assignee)
of, &c. has agreed with the said (assignor) for an assignment of the
said bill of sale and the money due thereupon, for the sum of £
Now KNOW YE, that for and in consideration of the sum of £
of lawful and current money of the United Kingdom of Great Britain signs.
and Ireland, to the said (assignor) in hand well and truly paid by
the said (assignee) (the receipt whereof the said (assignor) doth
hereby acknowledge), HE the said (assignor) HATH bargained,

WITNESS. Assignor as

ASSIGNMENTS.

Bill of Sale (conditional).

To hold to new assignee.

Subject to subsisting right of redemption.

sold and assigned, and by these presents in plain and open
market DоTH bargain, sell and assign unto the said (assignee),
all and every the goods, wares and merchandizes in the said
deed or bill of sale and schedule thereunto annexed or under-
written respectively mentioned, and to the said (assignor) bar-
gained and sold or expressed so to be as aforesaid, and all and every
the principal and interest money, now due or hereafter to grow
or become due therefrom, and all the right, title, benefit, claim
and demand whatsoever of him the said (assignor), in or relating
thereto, under or by virtue of the said deed or bill of sale or other-
wise howsoever.
TO HAVE, HOLD, receive, take and enjoy all and
singular the said goods, wares and merchandizes, monies and all other
the premises hereby assigned or otherwise assured or intended so to
be, with the appurtenances, unto the said (assignee), his executors,
administrators and assigns, as his and their own proper goods, monies
and effects, free and clear of all former and other debts, charges, liens
and encumbrances whatsoever, committed done or suffered by him
the said (assignor) or the said (original assignor), or any other per-
son or persons whatsoever, but subject nevertheless to such right or
equity of redemption in the said (original assignor) under or
by virtue of the proviso or condition in the said in part recited deed
poll or bill of sale contained in that behalf, as is or may be still sub-
sisting or capable of being enforced. AND, &c. (Add a Covenant
that debt subsisting, &c. (1) and Power of Attorney). (2) IN
WITNESS, &c.

Stamp.

(1) See post. 468.

(2) See ante, p. 450, post. p. 454. 461.

*Ad valorem duty on the consideration for the assignment, see schedule to Stamp-Act, post. Vol. III. "STAMP."

No. CXXX.

*Assignment of a Bond (1) given to the Sheriff by a Gaoler or Keeper, and Sureties.

THIS INDENTURE,

ASSIGNMENTS.

Bond.

our Lord 18 BETWEEN (assignor being the sheriff or obligee) of, &c. of the one part, and (assignee) of, &c. of the other part. WHEREAS (obligors) of, &c., by their bond or obligation in writing Recitals of bond under their hands and seals, bearing date the

day of

18 , reciting THAT the said (assignor) by authority from the deputy marshal [or as the case may be] of the Marshalsea of his Majesty's most honourable household and of the prisoners therein being, and also sub-martial of the court of our sovereign Lord the King of the King's Palace at Westminster, and keeper of the prison of the said court and the prisoners therein being, had, by and with the approbation of the marshal of the said household and one of the judges of the said palace court, the custody and safe keeping of the prisoners in the Marshalsea prison in Southwark being, under his care and charge, and admitted him the said (keeper) to be a servant to him the said (assignor) in the place and office of clerk of the keeper of the prison, during the will and pleasure of him the said (assignor), and it was conditioned by the said bond or obligation that if the said (obligors) should protect and keep harmless the said (assignor) against all escapes which should happen by the neglect, privity or consent of the said (keeper) or any person employed by him, of any prisoner or prisoners then or thereafter committed unto or left in the custody of the said (deputy marshal) or the said (assignor) during the time the said (keeper) should continue servant or keeper's clerk as aforesaid; and from all actions and suits which should be brought against the said (marshal or deputy marshal) or the said (assignor) by reason of such escapes; and from all damages and demands which the said (marshal or deputy marshal) or the said (assignor) or his securities should sustain concerning the same, or any other thing happening by reason of the nonperformance, misperformance or negligence of the said (keeper) in his said office. AND

(1) See post. No. CXXXV. notes.

of the assignor.