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days have not elapsed since the performance and complo tion of such labor (or the furnishing the materials.)
Notice of Lien by other Person than Contractor. (As in the last form to the* and then as follows :)
That the claim against said C. D., is for work by me performed as a carpenter and joiner, for three months' labor performed by me on said building in pursuance of an agreement with A. B., the contractor, amounting to $150 (or is for a large quantity of lumber and building materials furnished for and used in the erection of said house in pursuance of an agreement with said A. B. amounting to the sum of $75,) and that days have not elapsed since the performance and completion of said Jabor, (or since the said materials were furnished.) Yours, &c.,
E. F. June 13, 1863. N. B. The number of days (left blank in the above Forms) must be filled in, in accordance with the requirements of tho Lien Law in each State, as well as the names of the towns of cities and counties in each stata
Assigument of a Judgment. Short Form.
18–. Conditioned for the payment of $- and interF. C. est
Costs taxed at $ Judgment docked, 18In consideration of dollars. to me paid, I do hereliy assign and tran-fer to R. M. the judgment above mentioned, for his use and benefit; hereby authorizing him to collect and enforce the payment thereof, in my name, or otherwise, but at his own costs and cbarges; and covenanting that the sum of dollars, with the interest from the day of
in the gear besides the costs, is due threon. In witness whereof, etc. (as in general form.)
0, T. D.
Assignment of a Seaman's Wages. To all pereans to whom these presents shall come, d. B., uf, &a
sends greeting : KNOW ye, that I, the said A. B., for and in consideration of the zum of
in which I am justly indebted to C. D., of, &c, lave hereby assigned, sold, and set over, and by these presents I do hereby assign, sell, and set over, unto the said C. D., all such sum or sums of money as are now.due and owing to me, the said A. B., for wages or services on board the ship or vessel called the from the master or owner of said vessel, on board of which vessel I served as a mariner on her voyage from to which has re. cently terminated. And to enable the said C. D. the letter to recover and receive the same, I do hereby appoint him, the sard C.D., my at torney irrevocable, with full power, in my name, but at his charge, to prosecute any and all persons liable therefor, and receive and recover the same, and give discharge therefor.
[Add covenants that A. B. has not released, and that he will give further assurance.)
In witness whereof, &c.
FOR THE BENEFIT OF HIS CREDITORS.
Assignment by a Debtor to Trustees, This Indenture, made the
, eighteen hundrei and by and between A. B., of merchant, of the first part, C. D.,
of the second part, and the several persons, creditors of the said party of the first part, who have executed or shall hereafter execute or accede to these presents, of the third part, witnesseth:
That, whereas, the party of the first part is indebted to divers persons in considerable sums of money, which he is at present un. able to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or priority other than that provided by law :
Now, the party of the first part, in consideration of the premises, and of one dollar paid to him by the party of the second part, here by grants, bargains, sells, assigns, and conveys, unto the party of the second part, and his heirs and assigns, all his lands, tenements, hereditaments, goods, chattels, property, and choses in action, of every name, nature, and description, wheresoever the same may be, except such property only as is exempted by law from attachment.
To have and to hold the said premises unto the said party of the second part, and his heirs and assigns,
But in trust and confidence, nevertheless, to sell and dispose of the sail real and personal estate, and to collect the said choses in action, using a reasonable discretion as to the times and modes of selling and disposing of said estnte, as it respects making sales for
cash or on credit, at public auction or by privato coutraut, and with the right to compound for the said choses in action, taking & part for the whole, where the trustee shall deem it expedient so to do; then in trust to dispose of the proceeds of the said property in the manner following, viz. :
First, To pay all such debts as by the laws of the United States or of this State are entitled to preference in such cases;
second, To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents ;
Third, "o distribute and pay the remainder of the said proceed to and among all the parties of the third part, rateably, in propor cion to their respective debts ; [or, if there is a statute regulating She distribution, say,) according to the true intent and meaning of ar act entitled “ An Act,” &c.;
And, if there should be any surplus, after paying all the parties of the part in full, then in trust,
Fourth, To pay over such surplus to the party of the first party his executors, administrators, or assigns.
And the party of the first part hereby constitutes and appoints the party of the second part his attorney irrevocable, with power of substitution, authorizing him, in the name of the party of the first part, or otherwise, as the case may require, to do any and all acts, matters, and things, to carry into effect the true intent and meaning of these presents, which the party of the first part might do if personally present.
And the party of the second part, hereby accepting these trusts, covenants to and with each of the other parties hereto, to execute the same faithfuily:
And the party of the first part hereby covenants with the said trustee, from time to time, and at all times when requested, to give him all the information in his power respecting the assigned property, and to execute and deliver all such instruments of further assurance as the party of the second part shall be advised by counsel learned in the law to be necessary in order to carry into full effect the true intent and meaning of these presents.
And the parties of the third part, by signing and sealing these presents, express their assent to this assignment, and accept the provision for them made herein, pursuant to the statute aforesaid
In testimony whereof, &c., [as in General Form of Assignment.)
BILLS OF SALE.
A PROMISE to give goods or chattels, without a consideration of delivery, is of no effect. A bili of sale from A. to B., for the pur poso of avoiding responsibility to C., is fraudulent and void
If A. is in debt to creditors, and continues to hold property tha: he, by a bill of sale, has conveyed to B., fraud will be presumed. unless it can be made to appear by B., before a jury, that the sale was made without collusion, secret or implied, and in good faith. The jury have the power to determine the fairnesss or unfairness of the sale. A valuable consideration, or a legitimate debt, must be shown in evidence of good faith, or the sale will be ignored.
A bill of sale should be accompanied by a seal after the nam of the assignor, sealed instruments always having more weight in law than those without.
Common Bill of Sale. Know all men by these presents, that I, A. B., of the town of in the county of
and State of of the first part, for and in consideration of the sum of dollars, lawful money of the United States, to me paid by C. D., of, &c., of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, bis executors, administrators, and assigns, the one equal, undivided half of six acres of wheat, now growing on the farm of 0. S., in the town of - - aforesaid, one black horse, two oxen, and forty sheep, belonging to me, and now in my possession, at the place last aforesaid : (or, all the goods, wares, merchandise, chattels, and effects mentioned and described in the schedule hereunto annexed, and marked A :'') to have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, forever. And I do, for myself, my heirs, executors, and administrators, covenant and agree, to and with the said party of the second part, his executors, administrators and assigns, to warrant and defend the sale of the said property, goods, and chattels hereby made, unto the said party of the second part, his executors, administrators, and assigns, against all and every person and persons whatsoever.
In witness whereof, I have hereunto set my hand and seal th - day of - one thousand eight hundred and sixty. Signed, sealed, and delivered
A. B. (LS.) presence of
Bill of Sale of Goods, Know all men by these presents that I, A. B., of chant, for and in consideration of the sum of nino bundred dollars
to me in hand paid by C. D., of the same place, at and before the Boaling and delivery of these presents, (the receipt whereof is here by acknowledged,) have bargained, sold, and delivered, and by these presents do bargain, sell, and deliver, unto the said C. D., There insert the particulars of the goods sold, or, say, “ all the goods, wares, merchandise, chattels, and effects mentioned and described in the schedule hereunto annexed, and marked A.”) To have and to hold the said goods unto the said C. D., his executors, administrators, and assigns, to his and their own proper use and benefit forever. And I, the said A. B., for myself and my heirs, executors, and administrators, will warrant and defend the said bar: gained goods unto the said C. D., his executors, administrators, and assigns, from and against all persons whomsoever.
In witness, &c., (as in Common Bill of Sale.)
Bill of Sale of a Registered or Enrolled Vessel. Know all men by these presents, that I, A. B., of, &c., owner of the brig, or vessel, called the “ Isabella,” of the burden of tons, or thereabouts, now lying at the port of
for and in consideration of the sum of - dollars, lawful money of the United States, to me paid by C. D., of the place aforesaid, the receipt whereof I hereby acknowledge, have bargained and sold, and by these presents do bargain and sell unto the said C. D., his executors, administrators, and assigns, all the hull or body of said brig, or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, spars, and all other necessaries thereunto appertaining and belonging: the certificate of the registry of which said brig, or vessel, is as follows, to wit: (copy certificate of registry.) To have and to hold the said brig or vessel, and appurtenances thereunto belonging, unto the said C. D., his executors, administrators, and ausigns, to his and their proper use, benefit, and behoof forever. And I do for myself, my heirs, executors, and administrators, cove enant and agree to and with the said C. D., his executors admin. istrators, and assigns, to warrant and defend the said brig, or vessel, and all the before-mentioned appurtenances, against ail and ovory person and persons whomsoever.
In witness, &c., (as in Common Bill of Sale.)
B ( NDS.
A bond is the acknowledgment of a debt, duty, or obligation and it is immuterial what mode of expression is used, provided the language be sufficiont to establish an acknowledgment of a debt