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the rights of depositors, or of the holders of the said notes. and post-notes.

In witness whereof, the said parties have hereunto interchangeably set their hands and seals, the president, directors, and company of the Bank of the United States of the first part, acting by their President, William Drayton, Esquire, at Philadelphia, the day and year first above written.

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W. DRAYTON, President.

SEAL OF THE BANK.

We accept the trust created by the above indenture of

assignment.

JOHN BACON.

L. S.

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II. ASSIGNMENT BY DEED POLL.

9. A General Assignment for the Benefit of Creditors Ratably, with Schedules.

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Know all men by these presents, that I., A. B., of in consideration of the sum of one dollar to me paid by C. D., of the receipt whereof I hereby acknowledge, and of the uses, purposes and trusts hereinafter mentioned, have granted, bargained and sold, assigned, transferred and set over, and by these presents do grant, bargain and sell, assign, transfer and set over, unto the said C. D., his heirs and assigns, all my lands, tenements and hereditaments, goods, chattels and effects, and all accounts, debts and demands due, owing or belonging to me, together with all securities for the same, which said lands, goods, chattels, debts and demands are particularly enumerated and described in a schedule hereunto annexed, marked "Schedule A."

To have and to hold the same, with the appurtenances, unto the said C. D., his heirs,, executors, administrators and assigns:

In trust, nevertheless, that the said C. D. shall forthwith take possession of the premises hereby assigned, and with all reasonable diligence sell and dispose of the same, by public or private sale, for the best price that can be obtained, ånd convert the same into money: and shall as soon as possible, collect the debts, accounts and demands aforesaid: and with and out of the proceeds of such sales and collections, after deducting and paying all reasonable costs, charges and expenses attending the execution of the trust hereby created, together with a reasonable and lawful compensation to the said C. D., shall pay to each and every of my creditors (a full list of whom, with the amount due to each, is contained in a schedule hereunto annexed, marked "Schedule B"), the full sum that may be due and owing to them from me. And if the proceeds of the said sales and collections shall not be sufficient fully to pay and satisfy each and all of my said creditors, then the said C. D. shall, with and out of the said proceeds, pay the said creditors, ratably and in proportion to the amount due and owing to each. And if, after fully paying all the said creditors, there shall be any balance or residue left of the said proceeds, the said C. D. shall pay and return the same to me, the said A. B.

And, in furtherance of the premises, I, the said A. B., do hereby make, constitute and appoint the said C. D. my true and lawful attorney irrevocable, with full power and authority to do all acts and things which may be necessary in the premises, and to the full execution of the said trust; and for the purposes aforesaid, to ask, demand, recover and receive of and from all and every person and persons, all the property, debts and demands due, owing and belonging to me, and to give acquittances and discharges for the same; and in default of delivery or payment in the premises, to sue, prosecute and implead for the same, and to execute, acknowledge and deliver all necessary deeds and instruments of conveyance, and also for the purposes aforesaid, or any part thereof, to make, constitute and appoint one or more attorneys under him, and at his pleasure to revoke the same-hereby ratifying and confirming whatever my said

attorney or his substitutes shall lawfully do in the premises.

In witness whereof, I have hereunto set my hand and seal, the in the year

Sealed and delivered

day of

in presence of

E. F.

A. B. [SEAL.]

[Schedules, as in preceding forms.]

III. ASSIGNMENTS BY INDENTURE

TRIPARTITE.

10. A General Assignment for the Benefit of Creditors, with Preferences to such as become Parties, and with Covenant of Release by Creditors,

This indenture, made this

between A. B., of

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day of

in the year

merchant, of the first part; C. D., of esquire, of the second part; and the several persons, creditors of the said A. B., who have executed these presents, or who shall within days from the date hereof execute the same, of the third part:

Whereas the said party of the first part is at present unable to pay all his just debts, and hath agreed to convey and assign all his estate, real, personal and mixed, to the said party of the second part, in trust for the benefit of all his creditors, in manner hereinafter mentioned:

Now, this indenture witnesseth that the said party of the first part, in consideration of the premises, and of one dollar to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred and set over, aud by these presents doth grant, bargain, sell, assign, transfer and set over, unto the said party of the second part, his heirs, executors, administrators and assigns, all, &c. [describing the property, with reference to a schedule annexed, as in the preceding forms].

To have and to hold the same, and every part and parcel.

thereof, with the appurtenances, unto the said party of the second part, his heirs, executors, administrators and assigns:

In trust, nevertheless, that he, the said party of the second part shall forthwith take possession of the premises and property hereby assigned, and shall, with all reasonable diligence, sell and dispose of all and singular the estate, goods and effects in the said schedule mentioned, and colfect all and singular the debts, sum and sums of money now due and owing to the said party of the first part, according to the said schedule; and after deducting and retaining the costs, charges and expenses of preparing and executing these presents, and of executing the trusts hereby created (includ ing a reasonable compensation to the said party of the second part for his services), then,

Upon trust, that the said party of the second part shall pay and apply the moneys arising from said sales and collections in manner following, that is to say:

First. Shall pay and discharge in equal proportions the debts due respectively to such of the creditors of the said party of the first part, enumerated and mentioned in a schedule hereunto annexed, marked "Schedule B," who shall have signed and sealed these presents. And after fully satisfying and discharging the said debts, out of the residue of said moneys (if any there shall be),

Secondly. Shall pay and discharge the debts due to all the other creditors of the said party of the first part, in equal proportions. And after fully satisfying and discharging all the said debts,

Lastly. Shall pay over the surplus of said moneys (if any) to the said party of the first part, his executors, administrators or assigns.

And the said party of the first part [power of attorney

And the said party of the first part, for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree, to and with the said party of the second part, his executors and administrators, that he, the said party of the first part, shall not, nor will, in any manner, release or dis charge any rights, debts, demands or credits due, owing or belonging to him, nor in any way obstruct or hinder the said party of the second part, his [&c.] in the recovering, receiving or getting in of the same, and that he, the said party of the first part, will ratify and confirm whatsoever the said party of the second part, or his [&c.] may or shall do

in the premises by virtue hereof; and further, that the said party of the first part shall and will, at the costs and charges of the creditors aforesaid [or, at his own charges], from time to time make, do and execute all and every such further acts, matters and things for the better and further assigning and assuring of all and singular the premises to and for the trusts and purposes aforesaid, as by the said party of the second part, or his counsel learned in the law, shall be reasonably advised and required; and further, that he, the said party of the first part, his [&c.] shall and will from time to time, as occasion may require, upon reasonable request, and notice to him by the said party of the second part, his [&c.] given, assist him and them in making up his accounts, and in getting in the said debts, &c., according to the best of his ability.

And the said party of the second part for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree to and with the said party of the first part, his executors, administrators and assigns, and also to and with the said parties of the third part, that he, the said party of the second part, shall and will use his best endeavors to sell and dispose of the property, estate and effects hereby assigned, for the best prices and on the best terms that can be obtained for the same, and to collect and receive such sums of money as are due to the said party of the first part, as soon as may be, and to pay and distribute all such moneys as he shall receive from such sales and collections, to and among the creditors of the said party of the first part, according to the true intent and meaning of these presents; and generally, that he will execute and fulfill the trusts hereby created and declared, to the best of his skill, knowledge and ability.

And the said parties of the third part, each for himself and themselves, and for their respective executors, adminis trators, assigns and copartners in business, in consideration. of the conveyances, covenants and conditions herein made and provided on behalf of the parties hereto of the first and second parts, do accept the said assignment and the payments and dividends that they may respectively receive under and by force of the same, in full satisfaction and discharge of all and singular their several and respective claims and demands against the said party of the first part, whether the same are now due or not due; and of all claims and

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