law or in equity for the recovery thof as the sd atty or atties shall be advised and generally to do and perform all and evy such furr and or. acts deeds matters and things in the preses as he or they shall think fit And the sd (assignor) for herself, her exs, &c. doth hhy covt, &c. with the sd (assignee) that she the sd (assignor) hath done no act, &c. whby the sd preses or any pt thof are can may or shall be charged impeached or orwise incumbered And, &c. (covenant for further assurance) In Witness, &c.

Assignment of a Share in a Company.

Obs. As to assignments of shares in a company, see Copartnership, Pref. § 7.

Shares.

for purchase, &c.

This Indre made, &c. Betn (assignor) of, &c. of the first pt (assignee) of, &c. of the second pt and (trustees) trustees acting for the Compy established by indre or deed of settlement dated the day of of the third pt Whas sd (assignor) is possessed of or entitled to Recitals. one share in the stocks or funds of the sd Compy and Contract hath contracted with the sd (assignee) for the sale to him of the sd one share for the price or sum of £ and the sd (assignor) hath given notice in writing at the office of the sd Compy of his having procured the sd (assignee) to become the purchaser thereof And in such notice described the name and place of abode of the sd (assignee) who is willing to become a member of the sd compy And whas in pursuance of such notice the court of managers for the sd compy did proceed to take such notice into conson And did on the day of certify in writing that the sd managers had approved of the sd (assignee) as a fit psn to become a member of the sd compy Now this Indre witnesseth Testatum. That in conson of, &c. He the sd (assignor) Hath bargained, &c. and by, &c. Doth bargain, &c. unto the sd (assignee) All that one share of him the sd (assignor) of and in the sd compy and the stocks and funds thof And all the right title int and property in and to the same and the divds and produce henceforth to arise and become paye upon or in respect thof To Habendum. Have, &c. unto the sd (assignee) his exs, &c. the sd one

share, &c. And the sd (assignor) doth hby for himself, No act to &c. covt, &c. with the sd (assignee) his exs, &c. that he the incumber. sd (assignor) hath made done, &c. no act, &c. whby or by reason whof the sd one share, &c. is may can or shall be forfeited impeached or incumbered in any manner howsr And the sd (assignee) in conson of the preses doth hby for himself, &c. covt, &c. with the sd (T) as

Shares. trustees for the time being of the sd compy That he Assignee to the sd (assignee) shall and will at all times hraftr so observe the long as he shall continue a member of the sd compy rules of the perform fulfil and keep all the rules orders and regu

company.

Testatum.

lations contd in the sd indre of settlement and evy or. order or regulation which shall hraftr be made in pursuance of the sd in pt recited indre In Witness, &c.

Another of a Canal Share (Short Form.)

I (assignor) of, &c. in conson of £ pd to me by (assignee) of, &c. Do hby bargain sell and assign to the sd (assignee) his, &c. one share of the undertaking called, &c. being No of the shares in the sd undertaking To Hold, &c. to the sd (assignee) his exs ads and ass subject to the same rules orders and restrictions and on the same condons that I held the same immly before the exon hereof And I the sd (assignee) do hby agree to take and accept the sd share subject to the same rules orders restrictions and condons as afd As Witness our hands CD (assignor)

EF (assignee)

A memorial of this transfer was registered on the day of

18

A B Clerk of the said Company.

Assignment of Shares in a Copper Mine.

Obs. As to the assignment of shares in a mining company, see Copartnership, Pref. § 7.

This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Witnesseth That the sd (assignor) for and in conson of, &c. Hath bargained, &c. unto the sd (assignee) All those two full sixty-fourth pts shares or doles (the whole into sixtyfour equal pts shares or doles to be considered as divided) of and in that copper mine commonly called, &c. of or to which the sd (assignor) is possessed or entitled by virtue of an indre of, &c. Togr with the like pts or shares of and in all copper copper ore lead tin tin ore and all or any or. metals and minerals now or hraftr to be found broken or brought up to grass in upon or out of the sd copper mine or adventure or any pt thof And also of and in all tackle tools whims engines stamps mills and implements of mining whatsr And of and in all ways paths passages easements prfts cominodities advantages rights members and apts And all the este, &c. To Have, &c. the sd two, &c. and all

Stock.

and singr or., &c. unto the sd (assignor) his exs ads and ass according to the custom of the stanneries of Cornwall from henceforth for and during all the residue of the term of yrs from the day of when the original grant was made from the lords of the soil subject to the paymt of the proportionable part of the lord's and bounder's dues being one-twelfth part and also to two full sixty-fourth pts or shares of all costs and chas henceforth to accrue in working trying and prosecuting the sd mine and preses and to the articles regulations and agrts in the sd indre contd or that hraftr may be made or entered into pursuant to the same for facilitating and prosecuting the sd mine and the affairs thof And the sd (assignor) for himself his exs, &c. doth hby Covenants. covt, &c. with the sd (assignee) his exs ads and ass in manner following that is to say That he the sd (assignor) Lawfully is lfully possessed of or rightfully entitled unto the sd possessed. two sixty-fourth pts, &c. And that for and notwthstg any thing to the contrary by him done he hath good Good right right and full power to grant and assign the sd two, to assign. &c. And that it shall and may be lful to the sd (assignee) his exs, &c. from henceforth peaceably and Quiet enjoyment. quietly to have and hold the same and rece and take the divds proceeds and prfts thof witht the lful let, &c. of the sd (assignor) his, &c. (see Assignment of a Lease) subject as afd And that the sd two, &c. pts, &c. hby Free from assd, &c. now are free and clear and freely clearly and incumabsolutely acquitted exonerated and discharged of from brances. and agst all and all manner of gifts grants bargains sales assnments leases mtges charges and incumbs whatsr made, &c. by the sd (assignor) his exs, &c. and

all and evy or. psn, &c. And that the sd (assignor) and Further all and evy or. psn claiming or to claim under him assurance. shall and will from time to time and at all times hraftr at the reasone request, &c. make do, &c. (for further assurance, see Assignment of a Lease) In Witness, &c.

Assignment of Growing Crops for securing a sum

of Money.

Obs. An assignment of stock and crops in trust to sell, and Stamp. with the proceeds to be produced by such sale to discharge debts due to the trustees and others, has been held to require, under the 55 G. III. c. 184, not an ad valorem, but a common deed stamp only, Coates v. Perry, 6 Moore, 188, S. C. 3 B. and B. 48.

This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas the sd (assignor) stands justly indebted to the sd (assignee) in the sum of £ - for money lent and advanced And Recital of whas the sd (assignee) hath commenced an action at debt.

Stock in
Trade.

Agreement to sign cog

novit.

Testatum.

Declara

tion of trusts.

acres

law against the sd (assignor) in his Maj. Court of C. P.
at Westr and the sd (assignor) hath been held to bail
thereon And whas the sd (assignor) hath applied to
the sd (assignee) and requested him to suspend any furr
proceedings in the sd action and hath proposed to con-
fess the same by cognovit under his hand with liberty
for the sd assignor to enter up judgment thereon in case
deft shall be made in paymt of the sd sum of £ — con-
trary to the covt hnaftr contd And whas the sd (assignee)
having suspended all proceedings in the sd action the
sd (assignor) hath signed a cognovit as hnbefe proposed
and for the better securing the paymt of the sd sum of
£ hath also agrd to assign the sevl crops now grow-
ing on his farm in manner hnaftr mentd Now this
Indre Witnesseth That in conson of the sum of £ — so
due and owing from the sd (assignor) to the sd (assignee)
as afd He the sd (assignor) Hath bargained sold and
assd and by, &c. doth bargain, &c. unto the sd (assignee)
his exs, &c. All and singr the crops of corn and grass
now growing arising and being in and upon the farm
situate lying and being in the parish of
afd and con-
sisting of the following parlars that is to say
of wheat acres of barley acres of meadow grass
acres of beans and
acres of oats, &c. (parcels)
and all or. crops now growing on the sd farm And all the
right, &c. of him the sd (assignor) in to out of or upon
the sd crops of wheat and or. crops and preses hby assd
with full liberty for the sd (assignor) his servants work-
men and agents with horses carts and carriages at all
times hraftr as long as the sd crops of wheat and or.
crops shall be growing standing or lying on the sd sevl
pces of land to enter upon the same to see the state of
such crops and for the purpe of cutting reaping and
carrying away the same and for all necessy purps To
Have Hold rece and take all and singr the sd crops and
preses hby assd or intended so to be in as full large and
ample a manner to all intents and purps as if posson
had been taken of the same by the course of law or as
the sd (assignor) might have held and enjoyed them if
these prests had not been made Upon Trust nevss in
case deft shall be made in paymt of the sd sum
of £ on the day and in the manner as in the cove-
nant hnaftr is mentd and expssd that the sd (assignee)
his exs ads and ass do and shall sell the sevl crops hby
assd And do and shall stand possessed of and interested
in all sums of money to arise from such sale or sales
Upon Trust in the first place to reimburse himself or
themselves in all costs and exps which shall be incurred
or which he or they shall pay sustain or be put unto in

Indemnity

to assignor.

and re

valid.

effecting the sale or sales as afd And in the next Terms. place do and shall pay or reimburse himself the sd sum of £with int for the same as in the covenant hereinafter is mentd and expssd And after paymt thof then in trust to pay and make over the residue and surplus (if any) unto the sd (assignor) his exs ads and ass And it is hby decld and agrd by and betn the pties to these prests that for the purpe of carrying into exon the trust afd it shall be lful for the sd (assignee) to make do and exte all contracts agrts acts Contracts matters and things as shall be necessy without any furr consent or concurrence of the sd (assignor) And that ceipts to be the rects of the sd (assignee) his exs, &c. for all and evy sum and sums of money which shall be pd and paye for the sd crops by virtue of these prests shall be valid and sufficient dischas to the psn or psns paying the same And furr it is hby decld and agrd that no neglect or deft shall be imputable to the (assignee) his exs ads or ass for not proceeding to the sale of the sd trust preses unless he or they shall be required so to do by some writing under the hand of the sd (assignor) his exs, &c. and that the sd (assignee) his exs, &c. shall not be answe for any loss or damage which may happen to the sd crops or the sevl pieces of ld whereon they shall be growing unless occasioned by his or their wilful deft and that he and they shall be resply answe for such sum or sums of money only as he or they shall actually

rece

Not an

swerable

for losses.

And the sd (assignor) for himself and his hrs exs Covenant and ads doth hby covt, &c. with the sd (assignee) his to pay, &c. exs ads and ass that he the sd (assignor) his hrs, &c. shall and will well and truly pay unto the sd (assignee) his exs, &c. on or before the

day of next ensuing

the sd sum of £ and int And shall and will well and truly pay and discharge all taxes rates tithes and chas now due or which shall hraftr become due and paye for or in respect of the sevl pieces of ld whereon the sd crops of corn hby assd or intended so to be are now growing or for or in respect of the tillage or management of the same crops.

Assignment of Terms.

Obs. 1. Terms are assigned to attend the inheritance by way of Assignment protection to a purchaser against mesne incumbrances. But iu of terms a order to entitle a purchaser to this protection, he must be a pur- protection. chaser for valuable consideration, not affected with any fraud or collusion. Willoughby v. Willoughby. 1 T. R. 763; But. Co. Lit. 290 b. n. 1, 3, 5. In this case a mortgagee or a lessee is a purchaser pro tanto. The term which is to afford such protection must be a legal, not an equitable term. In courts of equity all incumbrancers have equal claims, and he who succeeds