ministrators, and assigns, shall and will from time to time, and all times hereafter, save, defend, keep harmless, and indemnified the said (assignor), his heirs, executors, and administrators, of, from, and against all costs, charges, damages, and expenses whatsoever, which shall or may in any manner fall upon, be recovered against, or become payable by the said (assignor), his executors, or administrators, for or by reason or means of any action or suit, or other legal or equitable proceeding which shall or may be brought or prosecuted by him the said (assignee), his executors, administrators, or assigns, in the name or names of him the said (assignor), his exccutors or administrators, by virtue of these presents, or of any power or authority herein contained. IN WITNESS, &c. ASSIGNMENTS. Debt (simple contract). * Ad valorem on the amount of the consideration paid; see post Stamp, Vol. III. STAMP." ASSIGNMENTS. Debt (bond). No. CXXXV. Assignment of a Bond (1), for Payment of Money. Variations where a judgment entered upon the bond is also assigned. Where the bond is for the transfer of stock. THIS INDENTURE of two parts, made the day of in the Recital of Bond assignable in equity, but not at law. Bond of 20 years' Obligee should be a party to assignment of old bond. year of the reign &c. and in the year of our Lord 18 , BETWEEN (2) the (assignor), of, &c. of the one part, and the (assignee) of, &c. of the other part. WHEREAS by a bond or obligation in writing under the hand and seal of the (obligor) of, &c. bearing date the day of which was in the year the said (obligor) became bounden for himself and his heirs to the said (assignor), his executors, administrators and assigns, in the penal sum of £ with a condition thereunder written for making void the same on payment (1) An assignment of a bond, like other choses in actions, though not good at law, Co. Lit. 266. a. ; 2 Roll. Ab. 45. F. pl. 8.; Ex parte Lee, I P. Wms. 782; Medlicot's Ca. 2 Stra. 899; will be supported in equity if made for a valuable consideration; Crouch v. Martin, 2 Vern. 595; Browne v. Heathcote, 1 Atk. 160; Munn v. E. I. Company, Rep. Temp. Finch, 299; unless it be given for some special purpose; Cator v. Burke, 1 Brow. Ch. Ca. 434; and payment to the obligee after notice of the assignment, will be bad; Baldwin v. Billingsly, 2 Vern. 539; Ashcomb's Ca. 1 Ch. Ca. 232; but the assignee must take the bond subject to all the equity that may attach upon it; Coles v. Jones, 2 Vern. 692; Tur ton v. Benson, 2 Vern. 765. But it is to be remarked, that no assignment should be taken of a bond after twenty years, without proof of a previous demand of principal or interest, or other evidence of the debt being still subsisting, as it is now an invariable rule for the judges to direct a jury to find a bond satisfied after the lapse of that period, without demand or acknowledgment; see Gratwick v. Simpson, 2 Atk. 144; Leman v. Newnham, 1 Ves. 51; Glynn v. Bank of England, 2 Ves. 43; Oswald v. Leigh, 1 Durnf. and E. 270; Colsell v. Budd, 1 Campb. 27. (2) If the bond has been previously assigned, the obligee should be a party, particularly if it be of an old date, as he may have received the money; Brace v. Harrington, 2 Atk. 235. (1) of the sum of £ , together with interest for the same after the ASSIGNMENTS. day of then next Debt (bond). rate of 5 per cent. per annum, on the (assignor) the sum of £ same, (1) If the bond be for the transfer of stock, say, "With a condition thereunder written for making void the on transferring the sum of £ three per cent. Consolidated Bank Annuities into the name of the said (assignor), his executors, administrators, and assigns, in the books of the Governor and Company of the Bank of England, on the then next ensuing, and paying in the mean time, and until such transfer, such sum and sums of money as would be equal to the dividends thereof.” day of * If the assignment be of a bond of indemnity, say, Transfer of stock. "WITH a consideration thereunder written for indemnifying and Bond of indemsaving harmless the said (assignor) his heirs, executors, administra- nity. tors and assigns, from and against all and every the covenants, payments, agreements, matters and things contained or referred to in or by a certain indenture of recited." the day of therein If the bond be for the performance of covenants, say, "WITH a consideration thereunder written, for the performance and observance of certain covenants, clauses, provisoes and agreements contained in an indenture of therein recited." the day of Bond for per formance of covenants. (2) If judgment obtained by a warrant of attorney be also assigned, Judgment on say, "AND WHEREAS for the better securing the payment of the said ney sum of L the said (obligor) executed a warrant of attorney, bearing even date with the said bond, authorising certain attornies therein named to confess judgment thereupon in his Majesty's Court of AND WHEREAS judgment was confessed and entered term then next ensuing, up on record of the said Court as of as by reference thereto will more fully appear." at West Judgment obtained in an action of debt. · ASSIGNMENTS. Debt (bond). That in consideration of £ of lawful bond (1). AND WHEREAS the said (assignor), in consideration of the sum of £ , hath agreed to assign the hereinbefore in part recited bond, and all principal and interest monies thereby secured. WITNESS. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of £ money of the United Kingdom of Great Britain and Ireland, to the said (assignor) in hand well and truly paid by the said (assignee), at or immediately before the sealing and delivery of these presents, the receipt whereof the said (assignor) doth hereby acknowledge, and of and from the same, and every part thereof, doth acquit, release, exonerate, and for ever discharge the said (assignee), his executors, administrators and assigns, as well by these presents as by the receipt for the same sum hereupon indorsed, HE the assignor as the said (assignor), HATH bargained, sold, assigned, transferred, signs the bond. and set over, and by these presents DоTH bargain, sell, assign, Bond previously assigned. Judgment. Bond of indem nity, &c. (1) If the bond have been previously assigned, add, 66 AND WHEREAS by indenture bearing date the day of and made or expressed to be made between (the obligee) of, &c. of , (2) If the assignment be of a judgment recovered on the bond, say, "All that the said bond or obligation entered into by the said (obligor) unto the said (assignor) his executors, administrators and assigns, in the penal sum of £ together with the judgment so recovered thereon as aforesaid, and all benefit and advantage whatsoever, to be had or derived therefrom, or from any process, extent, or other executions or execution to be thereupon had, sued out, or executed." *The form of the remainder of the precedent will be the same for whichever purpose supposed by the preceding variations the bond was given. ASSIGNMENTS. Debt (bond). To hold to the assignee abso ney. thereupon, and all the estate, right, title, interest, property, claim, and demand whatsoever, both at law and in equity of him the said (assignor) in, to, or concerning the same, TO HAVE AND TO HOLD the said bond or obligation, penal sum and other the premises hereby lutely assigned, or mentioned or intended so to be, unto the said (assignee) his executors, administrators and assigns, to and for his and their own proper use and benefit. AND for the better and more effectually Power of attorenabling the said (assignee), his executors, administrators and assigns, to enforce the payment of and receive the monies due, or to become due upon the said bond, he the said (assignor) hath made, deputed, constituted and appointed, and by these presents doth make, depute, constitute and appoint the said (assignee), his executors, administrators and assigns, his true and lawful attorney and attornies, irrevocable, for him the said (assignor), and in his name, and in the name or names of his executors or administrators, but for the sole and proper use and benefit of the said (assignee), his executors, administrators and assigns, to demand, sue for, recover, and receive of and from the said (obligor), and all and every other the person and persons to whom it shall and may belong to pay the same, all and every the sum and sums of money now or at any time, and from time to time hereafter to grow or become due, or be payable upon or by virtue of the said bond; and on non-payment thereof, to use and take all such lawful and equitable ways and means for obtaining or recovering the same, as shall be deemed necessary or expedient in that behalf; and on payment thereof to deliver up or cancel the said bond, and to give sufficient releases and discharges for the monies due thereon (1), and one or more attorney or attornies under him the said (assignee), his executors, administrators or assigns, for any of the purposes aforesaid, to nominate, substitute or appoint, and from time to time to remove and displace as he or they shall think fit; HE the said (assignor) hereby transferring and giving unto the said (assignee), his executors, administrators and assigns, his full and whole power and authority in the premises to every intent and purpose, and ratifying and confirming, and promising and agreeing to ratify and confirm all and whatsoever he or they shall lawfully do, or cause to be done in or about the premises by virtue of these presents. AND the said (assignor) for himself, his heirs, executors and ad (1) If the bond be accompanied by a judgment, say, "And to acknowledge, or cause to be acknowledged, satisfaction upon the said judgment. Covenant by as signor that bond is subsisting. Judgment. |