Page images
PDF
EPUB

be therewith fully satisfied, have and by these presents do fully and abso- Vol. III. Ch. V. lutely bargain, sell, alien, and assign unto the said

all my wages or

pay due to me for my service on board the said East India ship the
in the service of the united company of merchants of England trading to
the East Indies, to have and to hold the said bargained premises, and the
full money due for the same, unto the aforesaid

executors, admi

nistrators, and assigns, as or their own proper goods and chattels, to their own use and uses for ever, together with full power and authority to receive the same of the owners of the said ship, or the paymaster of seamen's wages belonging to the Honourable East India Company aforesaid, or whom else it may concern; and I the said —, for myself, my executors and administrators, the said premises unto the said executors, administrators, and assigns, against all persons shall and will warrant, and for ever defend and make good the aforesaid bargained premises against the claim of any person or persons, free and clear of and from all manner of former gifts and grants, forfeitures, claim and demand, of or to the same, by any ways or means whatsoever. Witness, &c.

[blocks in formation]

the South Sea

a seaman of and be- Bill of Sale of whereof is master, Wages due, &c. from a Ship in Service, as a Security for a previous Debt. (1)

Now know

To all to whom these presents shall come, longing to the ship or vessel called the sendeth greeting: Whereas the said is and stands justly and truly indebted unto of- in the full and just sum of £, of good and lawful money of Great Britain, for money lent and advanced, and goods sold and delivered by the said to him the said ye, that in consideration of the premises, and for and in consideration of the sum of five shillings to the said in hand well and truly paid by the said at or before the ensealing and delivery of these presents, (the receipt whereof is hereby acknowledged) he the said hath bargained, sold, assigned, transferred, and set over, and by these presents doth bargain, sell, assign, transfer, and set over unto the said executors, administrators, and assigns, all such sum and sums of money, wages, and pay whatsoever, now due, owing, or payable, or which shall or may become due, owing, or payable to him the said from any person

[ocr errors]

-his

or on

or persons whomsoever, for his services on board the said ship
board of any other ship or vessel whatsoever, and all the right, title, pro-
perty, claim, and demand whatsoever of him the said of, in, and to

-, upon a

the same respectively, and every part thereof; to have, hold, receive, and
take the said several sums of money, wages, and pay hereby assigned unto
the said -- his executors, administrators, and assigns, to and for his and
their own use, upon trust nevertheless in the first place to pay and retain to
himself and themselves all such sum and sums of money, wages, and pay,
as shall be due and owing from the said
to the said
fair account, and then upon further trust to pay such surplus (if any) as
shall remain unto the said -, his executors, administrators, and assigns;
for the consideration aforesaid, hath made, constituted,
and appointed, and by these presents doth make, constitute, and appoint the
said- to be his true and lawful attorney,
for him the said
and in his name, but to and for the use and benefit of the said
trust as aforesaid, to ask, demand, sue for, and by all lawful ways and means

and the said

[ocr errors]

-, upon

(1) Montefiore, 105.

any

Vol. III. Ch. V. recover and receive of and from the master and owners of the said ship or of and from all and every other person and persons whom the said doth, shall, or may concern, all such sum and sums of money, wages, and pay, as is, are, shall, or may be due, owing, and payable to him the said for his services on board the said ship , or on board other ship or vessel whatsoever, and give proper acquittances and discharges for the same on receipt, and to settle and agree for and in respect of the premises, as the nature of the case may be or require, and if needful, to appoint one or more attorney or attornies under him the said for the purposes aforesaid, and the same again at pleasure to revoke, and generally to do, perform, and execute all and every act, matter, and thing whatsoever, needful or necessary to be done in or about the premises, as fully and effectually to all intents and purposes as he the said could or might do if these presents had not been made, promising hereby to allow, ratify, and confirm all and whatsoever the said and his substitutes shall lawfully do in the premises by virtue of these presents. He the said- his executors, administrators, or assigns, accounting nevertheless with, and paying unto the said his executors, administrators, or assigns, all such surplus money (if any) which shall remain as above mentioned. In witness, &c.

Assignment to a
Purchaser by se-

veral Creditors
under Commis-
sion of Bank-
ruptcy, of their
respective Divi-
dends. (1)

To all to whom these presents shall come, we, whose names are hereunto subscribed and set, creditors who have proved our debts under a commission of bankrupt awarded and issued against A. B. of, &c., respectively send greeting: Whereas C. D. of, &c. hath contracted and agreed with us, the said several persons sealing and executing these presents as aforesaid, for the absolute purchase of all and every dividend and dividends that shall arise or be paid or payable to us by, from, or out of the estate and effects of the said A. B. under the said commission of bankrupt, for and in respect of the several debts or sums of money respectively proved by us under the same; and the said C. D. hath, on the day of the date of these presents, paid or secured to be paid unto us respectively the several considerations agreed upon for such purpose; and which we do hereby severally acknowledge and declare: Now these presents witness, that for and in consideration of the premises, and of the sum of- shillings a piece of lawful money of Great Britain to the said several persons sealing and executing these presents aforesaid in hand well and truly paid by the said C. D. at or before the sealing or delivering these presents, the receipt whereof we do hereby respectively acknowledge, we the said several persons sealing and executing these presents as aforesaid have, and each and every of us hath bargained, sold, assigned, transferred, and set over, and by these presents do, and each and every of us doth bargain, sell, assign, transfer, and set over unto the said C. D., his executors, administrators, and assigns, all and every such sum and sums of money, dividend and dividends, that now is or are paid or payable, or that shall or may become due or arise to us respectively, by, from, or out of the said estate and effects of the said A. B., under the commission of bankruptcy so issued against him as aforesaid, for, upon, and in respect of the several and respective debts or monies severally proved by us under the same, and all powers and remedies for the recovery thereof, and of every part thereof, and all the estate, right, title, interest, use, trust, property, profit, remainder, claim, and demand whatsoever, both at law and in equity, of us, each and every of us, of, in, and to the same, and every part thereof; to have and to hold, receive, take, and enjoy all and every the said hereby assigned premises

(1) Montefiore, 87.

and every part thereof, with the appurtenances, unto the said C. D., to the Vol. III. Ch. V. only proper use and behoof of him the said C. D., his executors, administrators, and assigns, and as his and their own proper monies, chattels, and effects for ever; and the better to enable the said C. D., his executors, administrators, and assigns, to recover and receive the said hereby assigned premises, and every part thereof, we the said several persons sealing and executing these presents have, and each and every of us hath for himself severally, and for our respective heirs, executors, and administrators, made, ordained, constituted, authorized and appointed the said C. D., his executors, administrators, and assigns, our and each and every of our true and lawful attorney and attornies irrevocable for us, and in our names severally and respectively, but to and for the only proper use and benefit of the said C. D., his executors, administrators and assigns, to ask, demand, sue for, recover, and receive of and from the present or any future assignee or assignees of the estate and effects of the said A. B., and of and from all other person and persons whomsoever it doth, shall, or may concern, the said hereby assigned premises, and every part thereof; and also in our several and respective names, or in the name or names of our several executors or administrators, to acquit, release, and discharge the said assignee or assignees, or such other person or persons as aforesaid, of and from the same accordingly; and to do or cause to be done all and every such lawful act and acts, thing and things, as may be necessary in and about the premises, ratifying, allowing, and confirming all and whatsoever the said C. D., his executors, administrators and assigns, shall lawfully do or cause to be done by virtue of these presents; and we the said several persons executing these presents as aforesaid do hereby for ourselves severally and respectively, and for our several and respective heirs, executors, and administrators, and not jointly, or the one for the other, or for the heirs, executors, administrators, or assigns of one another, covenant, promise, and agree to and with the said C. D., his executors, administrators, and assigns, in manner following, (that is to say), that we, or any of us, our or any of our executors or administrators, shall not nor will, at any time or times hereafter, revoke or make void the power of attorney and authority herein contained, or do any act, matter, or thing whatsoever to delay or impede the said C. D., his executors, administrators, or assigns, in the recovery or receipt of the said hereby assigned premises; but that we severally and respectively, and our several and respective executors and administrators, shall and will at all times hereafter, upon the request and at the costs and charges of the said C. D., his executors, administrators or assigns, execute and perform such further and other lawful acts and deeds, matters or things, for the better enabling the said C. D., his executors, administrators, and assigns, to recover, receive, release and discharge the said hereby assigned premises, and every part thereof, as by him, them, or any of them shall be reasonably devised, advised, or required. In witness, &c., we have, &c.

To all, &c., A. B. of, &c., executor of the last will and testament of Q. R., late of, &c., sends greeting: Whereas the said A. B., by a certain writing or policy of insurance, bearing date, &c., hath made insurance upon the ship or vessel called the Charming Nancy, whereof J. M. is master, for her voyage from M. to L., as thereby, relation, &c; which said policy of insurance was so made in the name of the said Q. R., but for the proper account of N. O. of, &c: And whereas the said ship was lost in the said voyage: Now

(1) Montefiore, 85.

Assignment of

a Policy of Insurance of a Ship,

pursuant to an

Award. (1)

Vol. III. Ch. V. these presents witness, that the said A. B., in pursuance of a certain writing of award indented, bearing date, &c., and made and given by, &c., under the hands and seals of Z. P. and L. O., in consideration of · shillings of lawful, &c. to him in hand, &c., by the said N. O. truly paid, the receipt, &c., he the said A. B., executor as aforesaid, hath assigned, transferred, and set over, and by, &c., doth, &c., unto the said N. O., the said recited writing or policy of insurance, and all sum and sums of money therein and thereby assured, and which is or are now remaining due and payable thereupon, and all his right, title, interest, claim, and demand of, in, and to the same, to have, hold, and receive the same unto the said N. O., his, &c., to his and their own proper use and uses. And for the better recovery, &c. (letter of attorney). In witness, &c.

Sale Note of
Timber. (1)

London, 22d November 1822.

Sold for account of Messrs. J. D. and Co. to Mr. B. H., the following yellow dram battens, per Anna Christina, 2 12 feet, at £18 per 100, other lengths in proportion; 24 12 feet, white, at £17 per 100, other lengths in proportion; yellow and white, 26 feet; batten ends at £6 10s. per 100. To be taken without any allowance for quality. To pay by his acceptance at six months, allowing 14 days; payable at his banker's.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][ocr errors][merged small][merged small][merged small][merged small]

Sale Note of
Wine. (2)

Sold for account of Mr. J. R.,

To J. H

16th October 1812.

Seven pipes Guernsey red wine, ex Prince Regent, at £47 per pipe, as they lie in the London dock. To be paid for by Mr. E.'s bill on Mr. P.Y. of £328 12s. due in December next, without recourse on the buyer in case of its not being paid.

A. B. broker.

[blocks in formation]

Vol. III. Ch. V.

January 1823. Sold for Mr. H. S. to Mr. M. B. about 32 tons, more or less, of Riga Rhine hemp, on arrival per Fanny and Almira, at £82 10s. per ton, &c. from the Sale Note of landing scale, &c.

Messrs. W. & Co.

I have this day sold, by your order, and for your account, to Mr. D. B., 30 tons (more or less) of town-made transparent rosin, in matts, at 13s. 9d. per cwt., with customary allowances, payable at the end of 14 days, by acceptance at 6 months date.

A. B. broker.

March 28, 1815.

Bought of R. and Co., through T. P., 100 bales of prime singed bacon, at 56s. per cwt. free on board. Weight, 24 to 28 per 10 bales; to be shipped next month, and drawn for 60 days from the date of the bill of lading. Warranted weight upon landing; deficiency, if any, to be settled by Mr. P.

Bought for J. A. esq. and Son, of W. P., L., hogsheads of Jamaica sugar, at 86s. Dock tare.

A. O.

21st December 1815. and S. (in our name), 57 No duty.

T. K., Son, and Co.

Bought for Mr. J. M., of Mr. J. S., 50 tons of sound and merchantable Teneriffe barilla, per the Princess Royal, at South-quay, London Docks, at £13 ton in bond; 12 per ton draft to be allowed. The amount to per be paid for by approved bills at not exceeding two months after date, allowing proportionate discount equal to five per cent. per annum, and 14 days for delivery and re-weighing. London, the 22d November 1822.

G. F. and Son, brokers.

Hemp, on Arrival by a particular Ship. (1)

Broker's Sale Note of Rosin. (2)

Bought Note of
Bacon. (3)

Bought Note of
Sugar. (4).

Bought Note of
Barilla by a
particular
Vessel.

Bought of Mr. S. Z. of 'Great Prescott-street, 289 bales of goat skins, from Mogadore, per Commerce, captain J. H., containing five dozen in each bale, at the rate of 57s. 6d. per dozen, to be taken as they now lay, with all faults; paid for by good bills at five months.

London, 27th April 1819.

C. D.

[blocks in formation]

14 days prompt.

Bought by order, and for account of Mr. A. P., of Messrs. P. & Co. ex Hadlow, per sample, 1826 bags East India rice, at 13s. 6d. per cwt. Company's conditions, prompt three months deposit, £10 per cent.; to be put up at the next East India sale by the proprietors, if required.

C. D.

Bought Note of

a Purchase by

Sample of East

India Rice, under Company's Conditions. (6)

(1) See form, 2 Camp. 327.
(2) See 4 Camp. 237, and Holt, 18.
(3) 1 Starkie, 140.

(4) Holt, C. N. P. 428.

(5) 2 Camp. 240.

(6) See 4 Barn, & Ald. 387.

« PreviousContinue »