Award Order. Time of making award enlarged. Award. more fully appear And whas the time for making and under a publishing the sd arbitrator's award in pursuance of the Judge's sd recited order hath by sevl rules of the sd Ct of C. P. made from time to time by and with the consent of the sd pties been and the same now stands enlarged until the day of this present term Now Know ye that I the sd (4) having taken upon myself the charge and burthen of the sd reference and having inspected the coptshp bks of acct and having examined and duly considered the allegations vouchers proofs and witnesses of the sd pties resply do make and publish this my award of and concerning the preses that is to say I do award order and direct That all proceedings in the sd cause shall cease and be no further prosecuted And CD to pay that the sd CD shall pay, &c. (as before, p. 131) which A B a cersd sum of £- I do adjudge and declare to be justly tain sum. due from the sd CD to the sd AB for or upon the matters contd in the declarations in the sd cause subject nevss to this proviso that if on or before the sd day of the sd CD shall pay or discharge all or any pt of the balances due to the crs of the sd firm of A B and C D then upon delivering to the sd A B at the time and place afd proper rects and dischas for so much as he shall have so pd the same shall be taken and deemed as paymt of so much of the sd sum of £as by the sd rects and dischas shall be expssd to have been recd or orwise that he the sd C D shall pay the whole of the sd sum of £ to the sd A B who thereout shall pay and satisfy such balances to the sevl psns as afd And I do furr award order and direct That the sd CD do and shall permit the sd A B to collect and rece for their jt use the sevl debts and sums of money as follow that is to say [here state the names of the several debtors to the firm and the amount of their debts] And I do furr award and direct That the sd A B shall be at liberty to bring any action or actions either in his own name or in their jt names for the recovering of any debt or debts sum or sums of money hnbefe mentd But nevss if the sd A B shd bring any actions in the name of the sd CD witht his consent first had and obtained that then the sd A B shall save harmless and indemnify the sd CD from all consequences chas and exps attending any such action if the same shd happen to fail and be fruitless And I do furr award order and direct That the sd AB shall not compound or compromise any action to be brought for the recovery of the sd debts or sums of money witht the consent of the sd CD in writing for that purpose first had and obtained And that the sd A B shall within AB to collect in the debts, &c. days after the paymt of the sd sum of £- SO awarded at his own expense enter into and deliver a bond to the sd CD in the penalty of £- with a condon thereunder written for making the same void in case he the sd AB shall give to the sd CD an account of his proceedings in the collecting of the sd outstanding debts from time to time within six weeks after any request in writing so to do And shall also from time to time as the same debts are resply recd pay to the sd CD one moiety thof all rease exps attending the collecting and receiving of the same being first deducted And lastly I do hby award order and direct That each of the sd pties shall and do bear and pay his own costs of this reference And that the costs of this our award be pd in equal moieties betn them (a) In Witness, &c. Award under a Submission by Order of the Lord Chancellor. Award under the Lord Chancellor's Order. To give a bond to C D that he will account. Recital of Lord Chancellor's order. To all, &c. Whas by a certain order made by the Ld High Chancellor of Gt Brit on the day of in the yr of, &c. in a certain cause depending in the High Ct of Chancery wherein A B of, &c. was plff and CD of, &c. deft it was ordered by consent of the pties and their counsel, &c. among other things that the settlmt of the accts and all or. matters in difference betn the sd pties shd be referred to me the sd (arbitrator) Now Know ye that I the sd (4) having taken upon myself, &c. (see last Precedent) do hby award adjudge Award. and declare the balance due from the sd C D to the sd A B upon such settlmt to be the sum of £ which sd sum I do award order and direct that the sd C D do and shall pay unto the sd A B at, &c. And I do furr award order adjudge and determine that the sd A B shall within days after the paymt of the sd sum of £ at the costs and expense of the sd C D exte such a good A B to exeand effectual conveye and assurance of the messe or cute content in the occupation of the sd A B situated, &c. veyance. to and to the use of the sd CD or as he shall direct and that he the sd CD shall upon the exon of the sd conveye pay unto the sd A B the sum of £ as a conson for the same And lastly I do award, &c. that the costs chas and exps of the suit and reference (a) Where, as in this case, it is ordered by the rule of court, that the costs of the cause shall abide the event of the award, the arbitrator has no occasion to take notice of any costs but the costs of reference. CD to pay balance due to A B borne Costs to be equally by the parties. N Award by an Umpire. Recital of award of Or of umpire. and also of this my award which I do adjudge to amount in the whole to the sum of £ shall be borne and pd by the sd pties in difference in equal moieties and proportions In Witness, &c. Award by an Umpire. To all, &c. Whas A B of, &c. and CD of, &c. cross bonds coptnrs have mutually entered into and reciprocally to abide an exted bonds or obligations to each other bearg date, &c. arbitrators. in the penal sum of £ conditioned that the sd pties shd in all things well and truly stand to abide observe perform fulfil and keep the award order final end and determination of (arbitrators) arbitrators indifferently chosen by the sd pties of and concerning all and all manner of action and actions cause and causes of action suits bills bonds specialties [covts contracts promises accts reckonings sums of money judgmts exons extents quarrels controversies trespasses] dams and demands whatsr both in law and equity committed or depending by or betn the sd pties so as the sd award shd be made on or before the day of But if the sd arbitrators shd not make such their award of and concerning the sd differences by the time afd then if the sd parties shd in all things well and truly stand to abide observe perform fulfil and keep the award order arbitrament umpirage final end and determination of such psn as shd hrfr be chosen by the ed arbitrators so as the sd umpire shd make his award or umpirage of and concerning the same on or before the day of And whas the sd (A) met upon the sd arbitration and did not make their award by the time limited in and by the conditions of the sd bonds and in pursuance thof have chosen and appted nie as umpire to settle and determine the matters in difference betn the sd pties Now Know ye That I the sd (umpire) the umpire named and chosen as afd having taken upon me the burthen of the sd arbitration and having heard, &c. of and concerning the sd disputes and differences betn them and fully considered the same do make this my award and umpirage in manner following that is to say I do award and order that the sd A B his exs or ads do and shall on the day of betn the hours, &c. pay or cause to be pd unto the sd menced by CD the sum of £ in full for his dams and costs in a certain action lately commenced by him the sd A B agst the sd CD and also for the costs of and occasioned by this reference And upon paymt of the sd sum of £ I do award, &c. mutual releases. Appoint. ment of umpire. Award. AB to pay costs of a suit com him. And costs of refer ence. 135 ASSIGNMENTS. § 1. An assignment is the transferring or setting over to Definition another the interest a man hath in a thing; more particularly the transferring to another that particular interest which a man hath in any property wherein a third person not a party to the assignment has some right or interest. 2. Assignments are usually made of leases and estates for years. There may also be an assignment of an annuity or rentcharge, but judgments, statutes, and choses in action, as debts, bonds, &c. are not assignable by the common law. 10 Co. 48; Roll Abr. 376. But courts of law will allow the assignee to sue in the name of the assignor, Winch v. Keeley; 1 T. R. 619. They may likewise be assigned in equity, 2 P. Wms. 608; 2 Vern. 595. So likewise, although by the common law no possibility or contingent interest could be assigned over to another, yet they are assignable in equity for a valuable consideration, Wright v. Wright; 1 Ves. 409. i Fonbl. Treat. of Eq. 103. An office of trust cannot be assigned, Dy. 7, nor a personal trust, as that of guardian or trustee, Vaugh. 180, nor the full pay of an officer, Flarty v. Odlum, 3 T. R. 681. So likewise the assignment of the half-pay of an officer is bad in equity as well as at law, Stone v. Littledale, 2 Anst. 533. The assignment of seaman's wages is prohibited by 1 G. II. st. 2, c. 14, s. 7. Some things, however, not assignable in their nature, are made so by statute; as promissory notes, by 5 and 4 Anne, c. 9; bail bonds by sheriffs, 4 and 5 Anne, c. 16; certificates for taking and prosecuting felons to conviction, 10 and 11 W. III. c. 23; and a bankrupt's effects by the bankrupt laws. By 59 G. III. c. 12, s. 30, overseers may, on application for parish relief by persons entitled to a pension or allowance, require them to assign to them the next payment which shall become due, by way of security for the repayment of what is advanced. No stamp is required upon such an assignment. Leases, annuities, &c. assignable. Offices of trust, &c. not assignable. What assignable by statute. 3. Since the Statute of Frauds, it is requisite to the validity How made. of an assignment of an estate in land, that it should be in writing (see Assignment of a Lease.') The operative words in assignments are, give, grant, bargain, sell, assign, transfer, Operative and set over;' but all these words are not necessary, and words. are but rarely used. In the case of mortgagees and trustees, the words give and grant' are mostly omitted. When therefore they join in an assignment, words of grant are for the most part mentioned in distinct clauses, thus, 'A B (Mortgagee or Trustee) at the instance and request of C D (Owner, Mortgagor, &c.) hath bargained, &c.,' and the owner, &c. hath granted, bargained, &c., ratified and confirmed.' Sometimes, to rebut the imputation of warranty, the words of grant are qualified by the clause, ' by way of assignment (or other assurance) only, and not of covenant or warranty;' or sometimes by the clause, 'according to his (the Mortgagee's, &c.) right, title, and interest, and no further or otherwise.' · 4. By the 44 G. III. c. 98, amended by the 55 G. III. c. 184, the ad valorem duty is chargeable on assignments as on any other conveyance; but where the assignment is not otherwise charged, or is not exempt from all duty, then the duty of 14. 5s., and the further progressive duty of 17. 5s., is charged. Assignment of an Agreement for the Purchase of an This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas by Agreements. Recital of articles. Testatum. Power of attorney. articles of agreement bearing date the day of last and made or expssd to be made betn (vendor) of, &c. of the one pt and the sd (assignor) of the other pt It is witnessed that the sd (V) did for the consons therein mentd agree to sell unto the sd (assignor) all those messes, &c. as by the sd articles reference being thereto had will more fully appear Now this Indre Witnesseth That in conson of the sum of £ to the sd (assignor) well and truly pd by the sd (assignees) the rect of which is hby ackngd He the sd (assignor) Hath granted bargained sold assigned transferred and set over and by these prests doth grant, &c. All those the sd recited articles of agrt and all the este right and title benefit advantage property claim and demand whatsr of Habendum. him the sd (assignor) of in or to the same To Have and to Hold the sd articles and all bent and advantage thereof in as full ample and beneficial a manner as he the sd (assignor) could or might have been entitled to the same if these prests had not been made And the sd (assignor) doth hby make nominate and constitute the sd (assignee) his exs, &c. his true and lful atty and atties irrevocable in his name but for the sole use and bent of him the sd (assignee) to do perform and exte every act matter and thing whatsr requisite and necessy for carrying the sd articles of agrt into full effect ProIndemnity vided nevss and it is hby decld and agrd by and betn to assignor. the sd pties hereto that the sd (assignee) shall and will at all times indemnify and save harmless the sd (assignor) his hrs exs ads and ass from and agst all costs chas and dams which he they or any of them shall or may pay sustain or be put unto by reason of any action or suit in pursuance of the power hnbefe given And the sd (assignor) for himself his hrs exs and ads doth hby covt with and to the sd (assignee) in manner following that Agreement is to say That for and notwithstanding any matter or thing by him done omitted or knowingly suffered the sd in pt recited agrt is a good and valid agrt and not in any wise forfeited surrendered or orwise made void And that he the sd (assignor) hath full power and lful Further as authority to assign and assure the same And also that he the sd (assignor) his hrs exs and ads shall and will at any time hraftr upon the rease request and at the costs and chas of the sd (assignee) do and perform all such furr and or. acts for the better and more fully and satisfactorily assigning and assuring the sd agrt as by the sd (assignee) his hrs, &c. or by his or their counsel in the law shall be advised and required And the sd (assignee) for himself his hrs exs and ads doth hby covt, &c. with the sd (assignor) his hrs, &c. valid. surance. Assignee to perform covenants of the agree ment. That he |