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Patent.

Stamp.

Recital of

tent.

2. In an assignment of this nature, the covenants must be so qualified by the usual words, notwithstanding any thing by him done to the contrary,' as to restrict them to the acts of the assignor. This is of particular importance where the vendor is himself an assignee. It has been held, that a covenant in such an assignment for absolute right to convey, is not restrained by the other parts of the deed. Hesse v. Stevenson, 3 B. & P. 565. 3. As to the stamp, see Pref. § 4.

This Indre made, &c. Betn (assignor) of, &c. of the one letters pa- pt and (assignee) of, &c. of the or. pt Whas by certain letters patent bearing date the, &c. his present Maj. Did give and grant unto MK his exs ads and ass the sole privilege of making paper from straw, &c. for the term of 14 yrs and for the respive places in the sd letters patent with a prohibition to all psns whatsr other than the sd M K his agents and ass to use the sd invention as in and by the sd letters patent enrolled in the High Assignment Ct of Chancery will more fully appear And Whas by to assignor. indre of assnmt bearing date the day of and made betn the sd M K of the one pt and the sd (assignor) of the or. pt For the consons therein mentd the sd M K did grant unto the sd (assignor) certain pts or shares of and in the sd letters patent To Hold to him the sd (assignor) his exs, &c. for and during the then residue of the sd term of 14 yrs And whas the sd (assignee) hath contracted with the sd (assignor) for the sale to him of shares in the sd letters patent for the price or sum of £- Now this Indre Witnesseth That for and in conson of the sd sum of £ - to the sd (assignor) in hand, &c. pd by the sd (assignee) at, &c. the rect, &c. He the sd (assignor) Hath granted, &c. and by, &c. Doth grant, &c. unto the sd (assignee) All those the pts or shares of and in the sd letters patent And all the right title and int of him the sd (assignor) of in and to the sd

Contract for sale to assignee.

Good right

to assign shares.

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pts or shares of and in the sd letters patent To Have and to Hold the sd pts and shares of and in the sd letters patent with all bent and advantage to arise therefrom unto the sd (assignor) his exs, &c. in as full ample and beneficial a manner as he the sd (assignor) by virtue of the sd letters patent and the sd in pt recited indre of assignment might have had or held the same if these prests had not been made for and during all the rest and residue of the sd term of 14 yrs And the sd (assignor) doth hby for himself his exs, &c. covt, &c. with the sd (vssignee) in manner followg that is to say That for and notwithstanding (a) any act matter or thing to the contrary by him done or suffered he the sd (assignor) hath good right full power and absolute authty to assign and

(a) See Obs. 2.

Pew.

Quiet en

convey the sd pts or shares of and in the sd letters patent. And that he hath not by any means directly or indirectly forfeited any right which he ever had or might have had to the sd pts or shares And that he the sd (assignee) his exs, &c. shall and may by virtue of these prests joyment. have rece and take all the profts and advantages whatsr that shall or may arise from the same pts or shares witht any let hindrance denial or interruption from the

sd (assignor) his, &c. And that he the sd (assignor) his exs Further and ads shall and will do, &c. all and evy or. act, &c. for assurance. assigning, &c. the sd pts, &c. unto the sd (assignee) his, &c. In Witness, &c.

Assignment of a Pew.

Obs. 1. The right to sit in a particular pew in a church, arises either from prescription, as appendant to a messuage, or from a faculty or grant from the ordinary, for he has the disposition of all pews which are not claimed by prescription; Gibs. Cod. 221. No title can be good to a pew, either upon prescription or upon any new grant from the ordinary, to a man and his heirs, for the pew will always go with the house to him that inhabits it. 1 Burn's Ecc. Law, 360. Stocks v. Booth, 1 T. R. 432. By the general law of common right, all pews belong to the parishioners at large, but the distribution of seats among them rests with the ordinary, whose officers, the churchwardens, must place the parishioners according to their rank and station, but subject to the approbation of the ordinary. The incumbent has no authority in seating and arraying his parishioners, except as a member of the vestry, nor are the churchwardens bound to follow the directions of the vestry. Pettman v. Bridger. 1 Phill. 322. Persons having pews appurtenant to their houses, cannot let them to nonresident persons, and thus by contract defeat the general right of the parish. Walter v. Garner, 1 Hagg. 317-319.

2. In an action against the ordinary, the plaintiff must allege and prove repairs of the pew. If any repairs have been required within memory, they must be proved to have been made at the expense of the party setting up a prescriptive right. Mere occupancy does not annex pews to particular houses. 1 Wils. 326. A possessory right is not good against the churchwardens and the ordinary, but is sufficient to maintain a suit against a mere disturber. Pettman v. Bridger, ub. sup.

Right to

pews by pre-
scription
or faculty.

How defended.

This Indre, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Witnesseth That Testatum. for and in conson of the sum of £— to, &c. by, &c. He the sd (assignor) Hath bargd sold assd and by, &c. Doth, &c. unto the sd (assignee) his exs, &c. All that pew situate, &c. and numbered as heretofore was occupied by the sd (assignor) and his family And all the este, &c. To Have, &c. the sd pew and all or. the preses hby assd or intended so to be To the intent that the sd (assignee) and his family shall and may from henceforth at all times hraftr peaceably and quietly enter into have use and occupy the sd pew for all such uses and purps as are customary in attending Divine

Habendum.

Policy of service And the sd (assignor) doth for himself, &c. covt, Insurance &c. that it shall and may be lful for the sd (assignee)

Covenants

from assignor for quiet enjoy ment, &c.

Power of attorney.

Not to revoke.

Covenant from assignee to pay dues, &c.

and indem nify assignor.

Stamp.

Recital of policy.

peaceably and quietly to hold and enjoy the sd pew hby assd or intended so to be witht the let hindrance or disturbance of the sd (assignor) or his family or his or their hrs exs ads or ass or any psn or psns lfully claiming or to claim the same or any sitting therein by from or under them or any of them And for the better securing to the sd (assignee) the full and free bent of the sd pew and preses he the sd (assignor) Doth hby make constitute and appt A B one of the proctors of the ecclesiastical court at to appear for him the sd (assignor) in the sd court or elsewhere on his behalf but at the costs and chas of the sd (assignee) to give and acknge his consent and approbation and direction for confirming the sd pew to the afd (assignor) and his family or orwise accordg to the practice of the sd court he ratifying and confirming whatsr the sd A B or or. proctor of the said court shall as proctor or atty for the sd (assignee) Ifully do or cause, &c. in the preses And furr the sd (assignor) promises declares and agrees not to revoke annul or defeat these prests or any authty thby given to the sd proctor but from time to time to confirm and establish the same And the sd (assignee) doth hby for himself his exs, &c. covt, &c. that he the sd (assignee) his exs, &c. shall and will well and truly pay all dues rates and contributions which may be hreftr lfully made and demanded for and concerning the sd pew And do and perform all needful repairs decorations and improvements whatsr at his own costs and chas and wholly indemnify the sd (assignor) his hrs exs and ads therefrom In Witness, &c.

Assignments of Policies of Insurance.

Obs. 1. Policies of insurance, although choses in action, may be assigned at law as well as in equity, Delany v. Stoddart, 1 T. R. 26. Such assignments are for the most part inserted in other deeds; but where a policy is assigned by way of mortgage, and in some other cases, a separate deed is most convenient.

2. By the 14 G. III. c. 48, any insurance made on the life or lives of any persons wherein the persons for whose use, or on whose account the policy is effected, shall have no interest, is void. And it has been held under this statute, that a policy of insurance effected by a father on the life of his son is void, he having no pecuniary interest therein. Halford v. Kymer, 10 B. & C. 724.

Assignment of a Policy of Insurance on a Ship by an Executor.

Obs. 1. The 6 G. I. c. 18, which limited the privilege of granting policies of insurance upon ships and goods to the Royal Ex

change and London assurances, is so far repealed by 4 G. IV. c. 114, Policy of as to make it lawful for other corporate bodies to make such Insurance policies.

To All, &c. (assignor) of, &c. executor of the last Recital of will and test of A B decd sendeth greeting Whas the policy. sil A B by a certain writing or policy of insurance

granted by the

and numbered

Insurance Co bearing date the, &c.
under the hands and seals of

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directors of the sd compy insured the sum of £ upon the ship or vessel for her voyage from A to L as by the sd policy relation being thereto had will more fully appear And whas (assignee) of, &c. hath agrd with the sd (assignor) for an absolute assnmt to him of the sd policy of insurance for the sum of £- Now these Prests witness That for and in conson of, &c. He the sd (assignor) Hath bargained sold and assd and by, &c. Doth bargain, &c. unto the sd (assignee) All that the sd policy of insurance so effected by him the sd A B decd and all and every sum or sums of money recoverable or to be recd upon or by virtue of the sd policy and all bent and advantage thereof And all the right title int property claim and demand whatsr of him the sd (assignor) as exr as afd togr with full power and authty to ask, &c. (see p. 153) To Have hold rece Habendum. and take the sd policy of insurance and all sums of money recoverable thereon and all and singr or. the preses hby assd or intended so to be unto the sd (assignee) his exs, &c. in as full ample and beneficial a manner as he the sd (assignor) might or could have done if these prests had not been made And the sd (assignor) for No act to himself, &c. doth hby covt, &c. with, &c. the sd (assignee) incumber. that he the sd (assignor) hath done no act matter or thing whby the sd policy of insurance can shall or may be charged or incumbered in any way whatsr In Witness, &c.

Assignment of a Reversion in the Funds.

Obs. 1. Reversionary or expectant interests are not assignable at law. Jones v. Roe, 3 T. R. 88; 1 Fonbl. 217. And courts of equity will set aside assignments by expectant heirs, on the ground of inadequacy of consideration, 9 Ves. 246; 16 Ves. 512; 1 Fonbl. ub. sup. For v. Wright, 6 Madd. 111.

2. An assignment by a man of a contingent interest in right of his wife, will not bind the wife, either at law or in equity, if she survive him before he has reduced it into possession. Ld. Carteret v. Paschall. 3 P. Wms. 199. But in equity a distinction is made between a voluntary assignment and an assignment for a valuable consideration. The wife surviving is not bound by his voluntary assignment, but otherwise, where it is made for a valuable consideration. Mitford v. Mitford, 9 Ves. 99. The general assignment in bankruptcy, has not the effect of reducing into possession,

Reversion. the equitable interest of the wife, whose right by survivorship has been established against the assignees. Mitford v. Mitford, 9 Ves. 87.

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This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas the sd (assignor) under and by virtue of an indre bearing date the, &c. and made previous to the marre of ID decd and S his wife her father and mother betn IH of, &c. since decd and the sd S his only daur of the first pt the sd ID then of, &c. since decd of the second pt and (trustees) trustees named by and on behalf of the sd S and both since decd of the third pt the sd S became entitled to the reversionary int of and in the capital sum of £ - 3 per cent. consolidated Bk Annties expectant upon the dece of her sd mother the sd SD And whas the sd capital sum, &c. now stands in the names of (new trustees) for the uses of the sd settlmt And whas the sd (assignee) hath contracted with the sd (assignor) for the absolute purchase of all her reversionary right title and int of and in the capital sum of £3 per cent, &c. expectant upon the dece of her mother the sd SD at or for the price or sum of £ — Now this Indre Witnesseth That for and in conson of the sd sum of £ - in hand, &c. to the sd (assignor) by the sd (assignee) well, &c. pd at, &c. she the sd (assignor) Hath bargained sold and assigned and by, &c. Doth bargain, &c. all that the remr or reversion of her the sd (assignor) expectant upon and to take effect immly upon and after the dece of the sd S D of and in all that capital sum of £3 per cent., &c. now standing in the names of the sd (T) as afd in the bks of the Gov and Compy of the Bk of Engld and all the int divs and proceeds thenceforth to grow due and paye thereon And all Habendum, the right, &c. To Have, &c. the sd reversionary sum of Land all or. the preses hby assd, &c. unto the sd (assignee) his exs, &c. to and for his and their own absolute use and bent And for the better enabling the sd (assignee) his exs, &c. to have and rece the reversionary right and int of and in the sd sum of £- she the sd (assignor) hath made constituted, &c. the sd (assignee) his exs, &c. her true and lful atty and atties to ask demand have rece and take the transfer and assnment of the sd hby assd preses and evy pt and pcl thof of and from the sd (T) or the survor of them and the exs, &c. of such survor or whom else it shall or may concern to transfer the same upon the dece of the sd SD as afd and on rect thof to make sign and give such rects acquittances rels and discharges in the law for the same as shall be requisite and necessary And in deft thof to commence and prosecute with effect all such actions and suits and or. proceedings at

Power of attorney.

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