In witness whereof, etc., [adding the approval in the foregoing if necessary].

over, unto the said

.... .....

......

signed, sold and set over, and by these presents I do hereby assign, sell and set all sums of money as are now due and owing to me, the said 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 recently terminated, with full power to prosecute the said vessel, her tackle, apparel and furniture, freight, cargo, and any and all persons liable therefor, and receive and recover the same, and give discharges therefor. [Add covenants that A B has not released, and that he will give further assurance.]

In witness whereof, etc.

General Assignment by an Insolvent Debtor for the Benefit of his Creditors. This indenture, made the day of...., eighteen hundred and by of...., merchant, of the first part,

.........

....

of

and between .... of the second part, and the several persons creditors of the said party of the first part, 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 unable 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, hereby 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 and nature and description, wheresoever the same may be, except such property only as is exempted by law from attachment and execution, as fully described and set forth in the schedule hereto annexed and made a part of this assignment.

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 said 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 estate, as it respects making sales for cash or on credit, at public auction or by private contract, and with the right to compound for the said choses in action, taking a 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:

1st. To pay all such debts as by the laws of the United States or of this state are entitled to a preference in such cases.

2d. To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents.

3d. To distribute and pay the remainder of the said proceeds to and among all the parties of the third part, ratably, in proportion to their respective debts. And, if there should be any surplus, after paying all the parties of the third part in full, then in trust.

4th. To pay over such surplus to the party of the first part, 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 faithfully. 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.

In witness whereof, the said parties have hereto set their hands and seals the day and year first above written.

Sealed and delivered in presence of

[L.S.]

[L.S.]

[L.S.]

Assignment by a Debtor to Trustees, for the Benefit of his Creditors.

.....

by

This indenture, made the day of eighteen hundred and and between.... ...., of ...., merchant, of the first part, .... .... of ...., 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 unable 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, hereby 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 attach

ment.

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 said 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 estate, as it respects making sales for cash or credit, at public auction or by private contract, and with the right to compound for the said choses in action, taking a 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:

1st. To pay all such debts as by the laws of the United States or of this state are entitled to a preference in such cases.

2d. To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents.

3d. To distribute and pay the remainder of the said proceeds to and among all the parties of the third part, ratably, in proportion to their respective debts [or, if there is a statute regulating the distribution, say:] according to the true intent and meaning of an act, entitled "An act," etc.

And, if there should be any surplus, after paying all the parties of the second part in full, then in trust.

4th. To pay over such surplus to the party of the first part, 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 faithfully. 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 bo 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, etc., [as in General Form of Assignment].

Transfer of Stock.

For and in consideration of the sum of ten thousand dollars to me in hand paid, I do hereby sell, assign and transfer, to ...... three shares of stock belonging to me, of the "........ Mining Association," of the denomination of ..... thousand dollars each, and being shares numbered respectively, ... and..., and now standing in my name on the books of said company. And I do guarantee, that all assessments to date are duly paid upon said shares and each of them, and I authorize the secretary or other proper officer of said company, to enter this transfer upon the books of said company, showing that I have this day transferred to said ........ the said three shares of stock of the numbers and designation above mentioned. Dated the

18..

ASSURANCE.

Assurance.-Any instrument which confirms the title to In commercial law, it has the same meaning as

an estate.

insurance. See INSURANCE.

ATTACHMENT.

IN THE DISTRICT COURTS OF CALIFORNIA, NEVADA, OREGON, WASHINGTON, IDAHO, MONTANA AND UTAH.

Attachment, when and in what Cases may Issue.The plaintiff at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as hereinafter provided in the following cases:

1st. In an action upon a contract, express or implied, for the direct payment of money, which contract is made or is payable in this State, and is not secured by a mortgage, lien or pledge, upon real cr personal property; or if so secured, that such security has been rendered nugatory by the act of the defendant. [Same in Nevada, except the security must be on property in the State. In Montana it may issue without regard to when the debt was contracted.] 2d. In an action upon a contract, express or implied, against a defendant not residing in this State.

Affidavit for Attachment, what to Contain. The clerk of the court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, showing:

1st. That the defendant is indebted to the plaintiff [specifying the amount of such indebtedness over and above all legal set-offs or counter claims] upon a contract, express or implied, for the direct payment of money, and that such contract was made or is payable in this State, and that the payment of the same has not been secured by any mortgage, lien or pledge, upon real or personal property.

[Same in Nevada, except the security must be ou property in the State.]

2d. That the defendant is indebted to the plaintiff [specifying the amount of said indebtedness, as near as may be, over and above all legal set-offs or counter claims], and that the defendant is a non-resident of the State.

3d. That the sum for which the attachment is asked is an actual, bona fide, existing debt, due and owing from the defendant to plaintiff, and that the attachment is not sought and the action is not prosecuted to hinder, delay or defraud, any creditor or creditors of the defendant.

Undertaking on Attachment.-Before issuing the writ, the clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, nor exceeding the amount claimed by the plaintiff [in Nevada in gold coin], with sufficient sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking..

Shares of Stock and Debts due Defendant, how Attached and Disposed of.-The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profits thereon, and all debts due such defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.

Attorney to give Written Instructions to Sheriff what to Attach.-Upon receiving information in writing from the plaintiff, or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt to defendant, the sheriff shall serve upon such person a