This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
In presence of Roger Riderhood, John Harmon.
Note. - To the foregoing assignment must be securely fastened either the original, or a properly certified copy, of the certificate of copyright for said book, issued by the librarian of Congress at Washington.
Assignments of patent and copyrights should be acknowledged and recorded in the patent office, Washington, D. C.
Know all Men by These Presents, that this assignment, made this twenty-first day of November, A. D. 1882, by Norton Norris, of Salamanca, in the county of Gregory, and State of Tennessee, dealer in general merchandise, of the first part, and Hiram Hunt, of the same place, 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 said party of the first part is justly indebted in considerable sums of money, and has become unable to pay and discharge the same with punctuality, or in full; and that he, the said Norris Norton, is now desirous of making a fair and equitable distribution of his property and effects among his creditors: Now, therefore, the said party of the first part, in consideration of the premises, and of the sum of One Dollar, to him in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has bargained, granted and sold, released, assigned, transferred, and set over and by these presents does grant, bargain and sell, release, assign, transfer, and set over unto the said party of the second part, and to his heirs and assigns forever, all and singular, his lands tenements, hereditaments, goods, chattels and choses in action, of every name, nature and description, wheresoever the same may be, more particularly enumerated and described in the schedule hereunto annexed, marked "Schedule 1," excepting and reserving such property only as is exempted by law from attachment; to have and to hold the same unto the said party of the second part, his heirs and assigns; but in trust and confidence, nevertheless, to sell and dispose of the said real and personal estate, and to collect the said choses in action, and sell and dispose of the same for cash upon such terms and conditions as in his judgment may appear best, and most for the interest of the parties concerned, making sales thereof for cash or on credit, at public auction, or by private contract, and with the right to compound for the said choses in action, accepting a part of the value thereof for the whole, where the trustee shall deem it expedient so to do; and then, in trust, to dispose of the proceeds of the said property in the manner following, to wit:
First. To pay all such debts as by the laws of the United States are entitled to a preference in such cases.
Second. To pay and discharge all the just and reasonable expenses, costs and charges of executing this assignment, and of carrying into effect the trust hereby created, including the lawful commissions of the party of the second part for his services in executing the said trust.
Third. To distribute and pay the remainder of said proceeds to the creditors of the said party of the first part, for all debts and liabilities which he may owe, or for which he may lawfully be held responsible, to any person whomsoever; provided, that should the proceeds arising from the sale of his assets not be sufficient to pay all his indebtedness, then the said debts are to be paid ratably and in proportion.
Fourth. The residue and remainder of the proceeds of said sales and disposal of the assets of the party of the first part, if any there be, after paying all his debts in full, shall be repaid to him, the said party of the first part, his executors, administrators or assigns.
And the party of the first part, for the better execution of these presents, and of the several trusts hereby reposed, does hereby make, nominate and appoint the said party of the second part, and his executors, administrators and assigns, his true and lawful attorney irrevocable, with full power and authority to do, transact and perform all acts, deeds, matters and things which can or may be necessary in the premises, as fully and completely as the said party of the first part might or could do, were these presents not executed; and also for the purposes aforesaid, or for any of them, to make, constitute and appoint one or more attorneys under him, and at his pleasure to revoke the same; hereby ratifying and confirming whatever the said party of the second part, or his substitute, shall lawfully do in the premises.
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 faithfully; and that this covenant shall be as binding upon his executors, administrators and assigns as it is upon himself.
In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first above written.
In presence of Uriah Welch, David T. Ellis.
NORTON NORRIS,-(seal)-HIRAM HUNT.-(seal)-
Creditors assent by proving their debts or filing the same with the assignee As it conveys real estate, it should be acknowledged and recorded as a deed.