namely, that the said

shall pay, or cause to be paid, to said dollars, in full payment and discharge of

the sum of the debt, demand, or claim of the last named of said parties against the former, the said sum to be paid within

days from the date hereof; and the said arbitrators do further award and order that the said shall also pay to the said the sum

of dollars, in full satisfaction of the costs, charges, and expenses incurred in or about this arbitration; and we do further award and order that the said parties shall within days from the date hereof execute to each other mutual releases of all actions or causes of action, claims or demands whatsoever, arising out of the matter in controversy submitted to us for arbitration. In witness, etc.

1. See ante, vol. 4, ch. 67.

5247. Award of balance due on account.

Now we, the said arbitrators, having duly weighed and considered the allegations of the said parties, and the proofs, vouchers and documents which have been given in evidence before us, do hereby make and publish our written award concerning the matters referred to us, as follows: We find and award that the balance due from the said

to the said

-, upon the settlement of the accounts between them which have been referred to us as aforesaid, is dollars, which we award and direct to

be paid by the said

1. See ante, vol. 4, ch. 67.

to

on demand.

ASSIGNMENTS.

5255. Assignment of several demands mentioned in schedule. Agreement made this

of

day of

-, 19—, between —, of the one part, and of, of the other part. Whereas, the said has for some time past carried on the aforesaid, and in the course

at

trade or business of a hereof the several persons mentioned in the schedule hereunder written have become indebted to him in the sums of money set opposite to their respective names, and he has contracted with the said for the absolute sale to him of the said debts for the sum of - dollars:

Now these presents witness that in consideration of the sum of dollars, the receipt whereof is hereby acknowledged, he, the said doth hereby assign unto the said his executors, administrators and assigns, all and singular the said debts and sums of money mentioned in the said schedule, which are now owing to the said -; to have, receive, and take the said debts and sums of money unto the said his executors, adminis

trators and assigns, for his and their absolute use and benefit, as witness the hand of the said

In witness, etc.

1. See ante, vol. 2, ch. 33.

5256. Assignment of wages due and to become due.

whereof I do hereby acknowledge, do hereby assign and transfer to said - all claims and demands which I now have, and all which at any time between the date hereof and the

next I may and shall have against

day of of, for all sums

day of

of money due, and for all sums of money and demands which, at any time between the date hereof and the said next, may and shall become due to me for services as a have and to hold the same to the said istrators and assigns forever. And I, the said

-; to his executors, admin

do hereby

-

constitute and appoint the said to be my attorney irrevocable in the premises, to do and perform all acts, matters and things touching the premises, in the like manner to all intents and purposes as I could if personally present.

In witness, etc.

1. Such assignment of future wages is sometimes prohibited by statute. See Burns' (Ind.) Rev. Stat., 1908, § 7987.

2. See ante, vol. 2, §§ 1434, 1441, 1442.

ture witnesseth, that the said first party, in consideration of dollars to him duly paid, by these presents doth assign, transfer and set over unto the said second party, and his assigns, the said judgment and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said first party hereby constitutes and appoints the said second party or his assignee his true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the said second party, to ask, demand and receive, and to sue out executions, and to take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment to acknowledge satisfaction, or discharge the same. And the said first party covenants that there is now due on the said judgment the sum of dollars, with interest thereon from the

In witness, etc.

1. See ante, vol. 2, §§ 1431, 1441, 1442.

5258. Marginal assignment of judgment.

day of

For value received I hereby assign all my right. title and inter

1. To be written on the margin of the order book or docket_containing the judgment. Sometimes required by statute, as in Wisconsin, Stats. 1898, § 2906.

5259. Assignment of judgment debt-Short form.

This indenture made the

of the first part and

nesseth:

day of, 19—, between of of the second part, wit

Whereas, by a judgment dated the tion in the

court of the state of

day of

in an ac

in which the said first

party was plaintiff, and —— was defendant, it was adjudged that the plaintiff recover against the said defendant the sum of dollars and costs: and whereas, said judgment debt and costs with interest thereon are still owing to said assignor); and whereas, the said — (assignee) has agreed to pay to the said dollars upon

(assignor) the sum of

(the

having an assignment of said judgment with costs and interest. Now this indenture witnesseth that in consideration of the sum (assignor), now paid by the said

of

dollars to the said

(assignee), the receipt whereof is hereby acknowledged, said—hereby assigns to the said —— (assignee) all the benefit and advantage of the said judgment and interest thereon with costs, and all other moneys recoverable under the said judgment, to hold the same to the said, absolutely. And the said (assignor) hereby covenants with the said (assignee) that said judgment is in full force and effect and that the whole of said sum of dollars with interest and costs remains owing

thereunder.

In witness, etc., with seal.

1. See ante, vol. 2, §§ 1441, 1442.

5260. Assignment by indorsement of the benefit of an agreement

for a building lease.

Memorandum of agreement, made this

day of

called the purchaser, of the other part. In consideration of — dollars this day paid by the said purchaser, the receipt whereof the said vendor hereby acknowledges, the said vendor hereby absolutely sells and transfers to the said purchaser the benefit of the within-written agreement, and of all covenants and stipulations entered into with the said vendor, and of all remedies for enforcing the same, and agrees, at the expense of the said purchaser, to do all necessary acts and things for obtaining from the within-mentioned. (owner of the land) a grant to the said purchaser of the lease by the said agreement agreed to be granted to the said vendor. And the said purchaser hereby agrees with the said vendor to perform and observe all the covenants, conditions and stipulations on the part of the said vendor contained in the said agreement, and to indemnify him from all actions, proceedings, damages, costs, expenses, claims and demands by reason. of his the purchaser's nonperformance or nonobservance thereof. As witness, etc.

1. See ante, vol. 2, §§ 1441, 1442; vol. 5, ch. 137.

5261. Assignment of mortgage by indorsement.

Know all men by these presents that

dollars to

of

county, in

in hand paid, the receipt

the state of, the within-named mortgagee, in consideration of the sum of whereof is hereby acknowledged, do (or does) hereby sell, assign, transfer, set over and convey unto

his (or their) heirs

and assigns, the within mortgage deed, the real estate conveyed, and the promissory note-, debts and claims thereby secured, and covenants therein contained:

To have and to hold the same, forever, subject, nevertheless, to the conditions therein contained.

In witness whereof, the said mortgagee- ha- hereunto set hand, this

day of

19-.

1. Scme states (e. g., Wis. Stats. 1898, § 2210; Ky. Stats. § 4051A, Acts 1906) require separate assignments of mortgages to be regularly witnessed. acknowledged and recorded, the same as the mortgages themselves. See generally as to assignments of mortgages, ante, vol. 5, ch. 142, and as to assignments of chattel mortgages, ante, vol. 5, §§ 4726, 4842.

6-CONTRACTS, VOL. 6.