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ASSIGNMENTS.

Bond.

also if the said (keeper) at all times thereafter should make a just and true account with and payment to the said (assignor) or the said (marshal), or to any of the judges or officers of the said court belonging, which he or any person entrusted by him should receive of any prisoners or other persons, or for which he should give credit to any prisoners or other persons; and also if the said (keeper) should pay the said (assignor) all such sums of money as he or any one entrusted by him should receive for the use of any plaintiff or plaintiffs at whose suit any prisoner then did or hereafter should stand charged with in the custody of the said (deputy marshal) or the said (assignor) in the said prison; and if he, the said (keeper) should faithfully perform all other services and things which to the said office or place of keeper as aforesaid of the said (assignor) should belong during his continuance in such office, then the said obligation was to be void, or else to remain in full force and virtue, as by the said bond or obligation relation being Money due upon thereunto had will more fully appear. AND WHEREAS the said said bond. (keeper) is justly indebted to the said (assignor) in the sum of £ for fines and fees received by him for the use of the said (assignor), as by an acknowledgement thereof under the hand of the said (keeper), bearing date on or about the day of doth appear, Now THIS INDENTURE WITNESSETH that for and in consideration of the sum of L of lawful money of the United Kingdom of Great Britain and Ireland to the said (assignor) in hand paid by the said (assignee) at or before the sealing and delivery of these presents, the receipt whereof the said (assignor) doth hereby acknowledge, [and thereof and therefrom doth acquit, release and discharge the said (assignee), his executors, administrators and assigns, by these presents] he the said (assignor) HATH bargained, sold, assigned, transferred and set over, and by these presents, DOTH bargain, sell, assign, transfer and set over unto the said (assignee), his executors, administrators and assigns, ALL that the said in part recited bond or obligation, and all that the said sum of L

WITNESS. The assignor therefore assigns bond and monies due thereupon.

To hold absolutely.

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so due and owing by or from the said (obligor) to the said (assignor) as aforesaid, and all the estate, right, title, interest, claim and demand whatsoever, of him the said (assignor), To HAVE AND TO HOLD the said bond or obligation, sum of money and other the premises hereby assigned or otherwise assured or intended so to be unto and by him the said (assignee), his executors, administrators and assigns, to his and their own proper use and Power of attor benefit. AND for the consideration aforesaid, he the said (assignor) hath made, ordained, constituted and appointed, and by these presents DOTH make, ordain, constitute and appoint the said (assignee), his ex

ney.

ASSIGNMENTS.

Bond.

the bond is in

Covenant that

full force and

shall so remain.

ecutors, administrators and assigns, his true and lawful attorney and attornies irrevocable in the name of him the said (assignor), or in his or their own name or names, but to and for the sole proper use and behoof of him the said (assignee), his executors, administrators and assigns, to ask, demand, sue for, recover and receive, of and from the said (obligors) or any or either of them, their, any or either of their heirs, executors or administrators, the said hereby assigned premises, and every part thereof, and upon receipt thereof, or of any part thereof, acquittances or other discharges in the name of him the said (assignor), or in his or their own name or names, to make, seal and deliver; and for nonpayment thereof, to arrest, imprison, implead and out of prison to deliver the said (obligors) or any or either of them, their, any or either of their heirs, executors or administrators; and to agree and compound for the same as shall seem requisite to him the said (assignee), his executors, administrators or assigns, giving and hereby granting unto his said attorney full power to act and do in the premises as fully to all intents and purposes as he the said (assignor) might or could have done if these presents had not been made. AND the said (assignor), for himself, his executors, administrators and assigns, DоTH covenant, promise and agree with and to the said (assignee), his executors, administrators and assigns, by these presents, that the said bond or obligation now stands in full force and virtue, and that he the said (assignor) hath not done nor hereafter shall or will do any act, matter or thing whatsoever, whereby to release or discharge the said bond or obligation or the said sum of £ hereby assigned or any part thereof, nor revoke the power and authority hereby given, or obstruct or hinder the said (assignee), his executors, administrators or assigns, in recovering, receiving and getting in the same; but shall and will permit and suffer him the said (assignee), his executors, administrators or assigns, peaceably and quietly to recover and receive the said assigned premises to his and their own use and uses, hereby ratifying and confirming all and whatsoever the said (assignee), his executors, administrators or assigns shall lawfully do or cause to be done in or about the execution of these premises by virtue of these presents. AND FURTHER, that he the said (assignor), his executors, adminis- Covenant for trators and assigns, shall and will from time to time and at all times hereafter, at the request, costs and charges of the said (assignee), his executors, administrators or assigns, make, do and execute such further and other assurances in the law for the better assigning the said premises and enabling him the said (assignee), his executors, ad

further assu

rance.

ASSIGNMENTS.

Bond.

Covenant by as signee to indem

nify assignor from costs &c.

Stamp.

ministrators and assigns, to recover, receive and get in the same, as he or they, or his or their counsel, shall reasonably advise and require. AND the said (assignee), for himself, his heirs, executors, administrators and assigns, DoтH covenant, promise and agree, to and with the said (assignor), his executors, administrators and assigns, by these presents, that he the said (assignee), his executors, administrators and assigns, or some or one of them, shall and will from time to time, and at all times hereafter, well and sufficiently save and defend, keep harmless and indemnified the said (assignor), his execu tors and administrators, and his and their goods and chattels, lands and tenements, of, from and against all costs, damages and expences which shall or may happen or come to him or them, for or by reason or means of any action or actions, suit or suits, or other proceedings whatsoever, to be had, made, brought or prosecuted by him the said (assignee), his executors, administrators or assigns, in the name of the said (assignor), his executors or administrators, by virtue of any power or authority herein or hereby given. IN WITNESS, &c.

.

Ad valorem duty on the consideration for the assignment.

E

No. CXXXI.

* An Assignment of Indentures of Clerkship (1).

Variation where the Assignment is by the Executors of the deceased

Master. (2)

ASSIGNMENTS.

Clerkship.

THIS INDENTURE made the

day of

of our

of Parties.

in the year Lord 18 . BETWEEN (the former master) (3) of, &c. the first part, (the father of the clerk) of, &c. and (clerk), son of the said (father) of the second part, and (the new master) of, &c. of the third part. WHEREAS by articles of clerkship bearing date the which was in the year

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and made

day of or expressed to be made between the said (father of the clerk) and (clerk) of the one part, and the said (former master) of the other part, the said (clerk) was placed with the said (former master) as his articled clerk, to be taught and instructed in the profession or practice of an attorney and solicitor, for the term of five years thence next ensuing, under and subject to the several terms, covenants, and conditions therein contained (4). AND WHEREAS the

(1) See ante, No. CXXV. p. 438, notes.

Recital of articles of clerkship.

(2) By 22 Geo. 2. c. 46. it is enacted, with respect to articled clerks, Articled clerks that if the master shall die, or discontinue to practise, or the contract assignable by be cancelled by consent, or the clerk be discharged by rule of Court, such clerk may be bound to another master for the remainder of the

term.

66

(3) If the assignment be by the executor of the deceased master, say, (The executor) of, &c. executor of the last will and testament of (the former master), deceased, of the first part."

statute.

Assignment by executor of for

mer master.

(4) If the apprentice be assigned by the executor of his deceased Assignment by

master, say,

day of

"AND WHEREAS the said (former master) departed this life on or about the last past, having first made and duly published his last will and testament in writing, and appointed the said (executor) the sole executor thereof. AND WHEREAS the said (clerk), at the time of the decease of the said (former master),

executor.

ASSIGNMENTS.

Clerkship.

Recital of service for part of

the term.

WITNESS. Former master assigns

to new master.

Covenant by

new master

to instruct apprentice.

said (clerk) hath served with the said (former master)

years of his said apprenticeship, and it hath been agreed by and between the said parties hereto, that he shall be assigned over unto the said (new master) for the residue of the said term of five years now to come and unexpired. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, HE the said (former master), at the request, and with the consent and approbation as well of the said (father) as of the said (clerk), testified by their respectively being parties to, and signing and sealing these presents, HATH assigned, transferred, and set over, and by these presents DOTH assign, transfer, and set over unto the said (new master) the hereinbefore in part recited indenture of clerkship, and all benefit and advantage whatsoever incident thereto, and also all and all manner of interest, property, profit, or advantage, claim and demand whatsoever of him the said (former master), of, in, or to the same, and the service or duty of him the said (clerk) during the residue and remainder now to come and unexpired of the said term of five years, under or by force or virtue of the said hereinbefore in part recited indenture of apprenticeship, or otherwise howsoever, To HAVE AND TO HOLD the said in part recited indenture of clerkship, and all the right, title, interest, term, benefit, claim, and demand whatsoever, of him the said (former master), of, in, or to the same, and to the service or duty of the said (clerk) under the same, unto the said (new master), his executors, administrators, and assigns, from henceforth, for and during all the residue and remainder of the term of five years, which is, or may be yet to come and unexpired, and that in as ample and beneficial a manner and form, to all intents and purposes whatsoever, as he the said (former master) might, could, or ought to have holden and enjoyed the same, by force or virtue of the hereinbefore in part recited indenture of clerkship, or otherwise howsoever, if these presents had not been made. And the said (new master), for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (father) and (former master) respectively, and their respective executors and administrators, in manner following, (that is

had served
years and upwards of his said clerkship
under the said in part recited articles. AND WHEREAS the said
(intended master), at the request of the said (executor), hath
agreed to take the said (clerk) as his clerk for the residue of the
said term of five years now to come and unexpired.”

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