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sents. And I, the said A B, do covenant and agree to and with the said E F, by these presents, in manner and form following, that I, the said A B, bave never made or executed any release or discharge of the said judgment, or of any execution which has been thereupon sued or executed; neither will I, the said A B at any time hereafter, make any release, or do any
act or thing whatsoever, whereby the said judgment, or any execution which has been thereupon sued or executed, or which shall at any time hereafter be sued or executed by the said E F, shall be in any manner defeated, or extinguished, without the consent of the said E F, thereto first had in writing. And further, that I, the said A B, will at all times hereafter, on the request, and at the cost of the said E F, maintain and confirm all such lawful suits, process, executions and proceedings whatsoever, as have been or shall hereafter be brought or prosecuted against the said C D, his heirs, executors or administrators, and their lands, goods or chattels, upon or by reason of the said judgment.
In witness, &c.
ASSIGNMENT OF A DEBT, WITH POWER OF ATTORNEY.
Know all men by these presents, that I, A B, of, &c., in consideration of the sum of dollars, now justly due and owing by me to C D of Oxford, and for better securing the payment of the same to the said C D, have bargained, sold, assigned, transferred and set over, and by these presents do bargain, sell
, assign, transfer and set over, unto the said C D all that debt or
dollars, which is now due or owing to me by Y Z, of Halifax, for goods sold and delivered by me to the said Y Z or his order, before the day of the date hereof, and all my right, title, interest, claim and demand in and to the said debt or sum of dollars, and every or any part thereof: To hold the same to the said C D, his executors, administrators and assigns, from henceforth, to his and their own proper use and benefit forever, nevertheless, under the proviso and condition hereinafter mentioned. And I do hereby constitute and appoint the said CD my true and lawful attorney irrevocable, and give and grant to him full power and authority in my name, but to the only proper use of the said C D to demand, sue for, recover, receive and compound the said debt or sum of dollars, and every or any part or parcel thereof, and upon receipt of the same or any part thereof, acquittances or other proper discharges to make, and generally for me and in my name, to do and perform all and every such further and other acts, matters and things concerning the premises, as to the said C D shall seem requisite; and that as fully and effectually, to all intents annd purposes, as I myself might have done, I hereby ratify and confirm all and whatever he or they shall lawfully do, or cause to be done, in or about the premises. And I do hereby covenant and agree, to and with the said C D, his executors and administrators, that I have not done or suffered, and that I will not do or suffer, any act or thing whereby the said C D shall or may be hindered or prevented from the recovering or receiving the said debt or sum of dollars, hereby assigned, or any part thereof, or such other satisfaction as can or may be had or obtained for the same, by virtue hereof. And further, that I will at all times hereafter, at the request of the said C D, make, and execute, all such further and other acts and deeds as shall be reasonably required for the proving of the said debt, and the better and more effectually enabling him to recover, receive, and enjoy the same, according to the true intent and meaning of these presents. Provided always, and it is hereby agreed, that if I, the said A B shall well and truly pay, or cause to be paid to the said C D the sum of
dollars so due to him as aforesaid, within six calendar months from the date hereof, then this present assignment, and every matter and thing herein contained, shall cease, determine, and be void, to all intents and purposes whatsoever. And all the grants and powers aforesaid are given by me, the said A B, to bind my executors and administrators as well as myself, and they are granted to the executors, administrators and assigns of the said Č D, as well as to him. In witness, &c.
A. B., (SEAL.]
ASSIGNMENT OF A BOND AS A COLLATERAL SECURITY.
An Indenture made the first day of May, A. D., 1852, between A B, of Raleigh, of the one part, and C D, of Weldon, of the other part: Whereas Y Z, of Raleigh, in and by the bond
or obligation, bearing date the tenth day of June which was in the year of our Lord 1840, became bound to the said A B in the sum of dollars, conditioned for the payment of dollars, on the tenth day of June, which was in the year of our Lord 1841, with lawful interest for the same: And whereas the said A B, in and by his bond or obligation, bearing date the first day of January, last past, became bound to the said C D in dollars, conditioned for the payment of the sum of
dollars, on the 25th day of December, now next ensuing, with lawful interest for the same, and the said A B also in and by his other bond or oblization, bearing even date herewith, became bound to the said C D in another sum of dollars, conditioned for the payment of the further sum of dollars, on the said 25th day of December, now next ensuing, with lawful interest for the same, and the said A B, for the further and better securing the payment of the said several sums of
clollars, and dollars, (making together the principal sum of dollars) with interest for the same respectively, according to the conditions of the said two said several last in part recited bonds or obligations, has proposed and agreed to transfer and assign over, to the said CD, by way of additional and collateral security, the said herein before recited bond or obligation, so entered into by the said Y Z to the said A B as aforesaid, and the principal money and interest due thereon, or secured, or recoverable thereby, or by means thereof, in manner hereinafter mentioned: Now this indenture witnesses, that the said A B, for the considerations aforesaid, and also in consideration of the sum of one dollar of lawful money of the United States, to him paid by the said C D, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has bargained, assigned, transferred and set over, and by these presents, does bargain, assign, transfer and set over unto the said C D the said herein before recited bond or obligation, so given and entered into by the said Y Z to the said A B as aforesaid, and all his the said A B's interest therein, and all the benefit and advantage thereof, and all sums of money, principal money and interest, secured or recoverable thereupon or by means thereof, and which is now due and owing, or which shall or may hereafter grow due thereon, and all powers and remedies which he the said A B has or ever bad for the recovery of the same: To have, hold, receive and take all and singular the premises hereby assigned, or intended so ti to be, and the whole benefit and advantage thereof, and all mo-Id ney arising therefrom, unto the said C D, his executors, administrators and assigns, to and for his and their own proper use and benefit: And the said A B, for the consideration aforesaid, has made, ordained, constituted and appointed, and by these presents does make, ordain, constitute and appoint the said C D bis the said A B's true and lawful attorney, irrevocable, giring to him full power and authority, in the name or names of him the said A B, his executors or administrators, to demand, sue for, recover, levy and receive all and every sum and sums of money now due and owing for principal and interest on the said bond or obligation hereby assigned or mentioned, or ini tended so to be, or that shall or may hereafter grow or accrue due thereon, to and for the sole use and benefit of him the said C D, in such manner, and by such process and lawful means as he the said C D shall be advised and think
upon receipt thereof, or upon satisfaction being given to the said c D for the same, in the name of the said A B, or in the name on of him the said C D, to release and discharge the said Y Z, bis heirs, executors and administrators from the same, and further, to do and perform all and every other lawful act and acts, thing and things, necessary and expedient to be done for the recovering, receiving or discharging the money due and payable, or that shall hereafter grow due and payable on the said hereby assigned bond or obligation, as to the said C D shall appear advisable and expedient: and one or more attorney or attorneys under him or them for the purposes aforesaid, to constitute and appoint, and again at his or their pleasure to discharge: And the said A B does hereby covenant, promise and agree to and with the said C D, that he the said A B has not at any time heretofore done or committed, nor shall or will at any time hereafter do or commit any act, matter or thing whatsoever, whereby the hereby assigned bond or obligation, or the money secured thereby, or any part thereof, or any process, proceedings, suit, juagment or wiit of execution whatsoever, that shall or may be had, taken, commenced or prosecuted thereon, in pursuance of these presents, or any power or authority hereby 'n given or granted, is, are, shall or may be in any wise released, impeached or discharged, hindered or aroided; but shall and 2 will from time to time, and at all times, ratify and confirm all
ach matters and things, writs, process, executions and proceedigs, as he the said C D., his executors, administrators or asgns, shall, in pursuance of these presents, do, commence, ing or prosecute, upon or by reason of the said bond or obliation and premises hereby assigned, in any wise : Provided Iways, and it is hereby agreed by and between the said pares to these presents, that if the said A B do, and shall well nd truly pay or cause to be paid unto the said C D the said xveral and respective principal sums of dollars and
dollars of lawful money of the United States, with lawal interest for the same respectively, at or upon the day apointed for the payment thereof, in and by the said two several ereinbefore mentioned conditions of the said recited bonds or bligations so entered intr, and given by the said A B to the uid C D as aforesaid, and according to the true intent and 1eaning of the same respectively, then this present indenture, nd every thing herein contained, shall immediately from thence
rth cease, determine, and be absolutely void, to all intents ind purposes whatsoever, anything hereinbefore contained to he contrary thereof in anywise notwithstanding. And the better to effect the foregoing provisions, all the within covehants, grants, powers and conditions, shall extend to and bind the executors, administrators and assigns of the parties as well as themselves.
In witness, &c.
The subject of Attachment for debt is less understood by the ommon people of North Carolina, than any other branch of he law. We shall here therefore lay dow a regular series of rocess relating to this form of action returnable before a Jusice of the Peace. So far as each separate item of the process rms necessarily a part of the procedure in every suit by attachment, it will be found in its proper place : yet there are other instances of process rendered necessary only from the pe
culiar circumstances of the case, and therefore not used at all in many suits by attachments : these will mostly be found in notes, and such promiscuous observations as may be made on the subject. What follows, relates principally to attachments re