ASSAYER.

CALIFORNIA.

Assayer of State. The governor, by and with the advice and consent of the senate, may appoint a person skilled in the art of assaying ores and metals, to be state assayer, who shall hold office for two years. He shall give a bond for the faithful performance of his duties, in the sum of fifty thousand dollars.

Duty of Assayer.-It is his duty to assay such ores and metals as shall be offered to him for that purpose. He is not allowed to charge greater fees than are charged in the United States mint for similar services. He is allowed two dollars for attaching his official seal to his certificate.

ASSESSMENT.

Assessment.-Determining the value of a man's property or occupation, for the purpose of levying a tax. Determining the share of a tax to be paid by each individual.

Of Damages. Fixing the amount of damages to which the prevailing party in a suit is entitled.

ASSIGNMENTS.

CALIFORNIA, OREGON, NEVADA AND IDAHO.

Assignments, when Valid.-An assignment is the transfer of some interest or claim in or to any estate, property or thing, to another. It must be made in good faith. And any party interested in testing its validity can do so in an action; if it can be shown that the assignment was made to evade debts due to creditors, it will be set aside.

By Debtor.-An assignment by a debtor for the benefit of his creditors must be an unconditional surrender of all his effects. If he secretly hold back any property, such withholding is fraudulent.

An Assignment by an Insolvent debtor, in trust to pay

certain creditors, who are to transfer the residue to the debtor, is void as to the remaining creditors; and evidence that there would be no surplus will not render it valid.

All Assignments, for the benefit of creditors, must be accompanied by immediate delivery of the property.

What Constitutes. In general delivery of the thing assigned, is sufficient to pass the title to the assignee; but it is always best to have assignments evidenced by writing, signed by the assignor. The person assigning is the assignor. The person to whom the thing is assigned is the assignee. No particular form of words is necessary.

Effect of, Etc.-Assignments place the absolute title to the thing assigned [without the assignment is to a trustee for a particular purpose] in the assignee, who must sue in his own name; and the assignee takes the thing assigned subject to any set-off, or other defense existing at the time of, or before notice of, the assignment; but this rule does not apply to a negotiable promissory note, or bill of exchange, transferred in good faith and upon good consideration, before due.

When Void.-Every assignment, in writing or otherwise, of any estate or interest in lands, or of goods in action, or of any rents or profits issuing therefrom, made with intent to hinder, delay or defraud, creditors or other persons, of their lawful suits, damages, forfeitures, debts or demands, is void.

Same.-Every assignment, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, is void against the creditors, existing or subsequent, of such person.

Interest in Land.-When any interest in land, excepting leases for one year or less, or any trust or power over or concerning lands, or in any manner relating thereto, is assigned, the assignment must be in writing, signed and sealed by the party assigning, or by his agent, lawfully authorized in writing.

Of Goods and Chattels.-Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of things sold or assigned, shall be conclusive evidence of fraud, as against the creditors of the vendor or assignor, or subsequent purchasers in good faith; except in cases of contracts of bottomry, respondentia or assignments, or hypothecations of vessels or goods at sea, or in foreign states, or out of the state, provided possession of such vessel or goods be changed as soon as may be after their arrival.

Assignment of Stock.-Transfers of stock in a corporation, to be valid as against third parties, must be entered in the books of the company, so as to show the names of the parties, by whom and to whom transferred, the number and designation of the shares, and the date of the transfer.

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FORMS.

Simple Form of Assignment, to be Indorsed upon an Instrument.

In consideration of the sum of ...... dollars to me in hand paid, by ... of, etc., the receipt whereof is hereby acknowledged, I do hereby transfer, assign and set over, to the said .... ...., his heirs and assigns forever, all my right, title or interest, in and to the within instrument. Witness my hand and seal, this .... day of.... 18..

......

of, etc., of the first dollars, lawful money

of, etc., of

part, for and in consideration of the sum of of the United States of America, to me in hand paid by . the second part, the receipt whereof is hereby acknowledged, have bargained, sold and assigned, and by these presents do bargain, sell and assign, unto the said party of the second part, his executors, administrators and assigns, a certain written bond or obligation, and the condition thereof, bearing date the.... day of one thousand eight hundred and executed by ... to the said and all sum and sums of money due or to grow due thereon. And I hereby covenant with the said party of the second part, that there is now due on the said bond or obligation, according to the condition thereof, for principal and interest, the sum of

In witness, etc.

.........

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...... dollars.

Assignment of Note and Mortgage.

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Mortgage dated the .... day of...., etc., executed by and ... on certain premises described therein, being part in the .... county of recorded in the office of the recorder of said county, in book No. of mortgages, pages

his wife, to of...., lot No.

....

.....

....

.........

to

etc.

.........

of, etc., I do the mortgage

Note bearing date the day aforesaid, executed by aforesaid, in the sum of ...... dollars, secured by the above mortgage, on the.... day of ...., 18.., with interest at .... per cent. per month. In consideration of ...... dollars, to me paid, by hereby assign, transfer and set over, unto the said ........, above described, and the note accompanying the same, as aforesaid, for his use and benefit; hereby authorizing him to collect and enforce payment thereof, but at his own costs and charges. And I do hereby covenant that the sum of ...... dollars, with interest from the .... day of.... last past, is now due and owing on the said bond and mortgage, and that I have good right to sell and assign the same.

In witness, etc.

The Same, Indorsed on Mortgage.

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In consideration of ...... dollars, to me in hand paid, by .... .........., of, etc., I do hereby sell, assign, transfer and set over, unto the said the within indenture of mortgage, together with note accompanying the same, for his use and benefit.

Witness my hand and seal, etc.

[Of Book Accounts-Same as in Assignment of Bond.]

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[L.S.]

Assignment of the Partnership Property by one Partner to the other, to wind up

Whereas, a copartnership has heretofore existed between the said .... .. and ...... under the style and name of .... & ...., which said copart

nership has been this day dissolved by mutual consent:

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has sold,

Now, therefore, this indenture witnesseth, that the said assigned, transferred and set over, and by these presents does sell, transfer, assign and set over, unto the said his half part of all the goods, wares, merchandise, property and effects, and stock in trade, belonging to the said copartnership, and also all the accounts, notes, bills, bonds, things in action, claims and demands, due and owing to the said firm.

To have and to hold the same unto himself and his assigns, in trust to sell the said property and effects in such manner as he may think proper, but not on a longer credit than.... days, and to collect, demand, sue for and receive, all sums of money due or to become due upon the said bills, notes, bonds, accounts, claims and demands, and with the moneys thus collected, realized and obtained, to pay off and discharge all the debts and obligations of the said firm, if the same shall be sufficient therefor, and of the balance, if there

shall be, after satisfying all the claims and demands against the said firm, to pay over the one half part to the said...... ........ or his legal representa

tives.

..........

And the said .... doth hereby make, constitute and appoint, the said .... his true and lawful attorney, irrevocable in the name of the late firm or otherwise, to sell the said property and effects of the late firm, and all the interest of the said ...... in and to the same; and also ask, demand, sue for, collect and receive, any and all debts, claims and demands, due or to become due and owing to the said late firm, to compound the same and prosecute suits for the recovery thereof in his discretion; to defend any and all suits that may be brought against the said firm; and to make, execute, deliver and acknowledge, all necessary deeds, conveyances, releases, receipts, and discharges, in the premises, and generally to do any and every act and thing requisite and necessary to secure a full, entire, complete and speedy, settlement of all the business and affairs of the late firm of .... & .., hereby ratifying and confirming any and every thing which the said may lawfully do in the premises.

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And the said for himself, his heirs, executors and administrators, covenants with the said .... ...., his heirs, executors and administrators, that he will sell the aforesaid property to the best of his ability, and for the best price he can obtain therefor; and will use all diligence to collect all the debts, claims and demands, due the said late firm, and that he will faithfully apply the proceeds of such sales and claims in accordance with the above recited trust.

And the said ...., for himself, his heirs, executors and administrators, covenants with the said .... that if, after the entire proceeds of said property and effects, claims and demands, of the said late firm have been faithfully applied to the payment of the debts, liabilities and obligations, of the said late firm, there shall remain any debt or liability unsatisfied, that then he the said .. ..., his heirs, executors and administrators, will pay and satisfy the moiety or one half part of any and every such debt or liability, and the said .... his heirs, executors or administrators, from the one-half part thereof, save harmless and keep indemnified.

In witness whereof, etc.

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[Signed]

Assignment of Partnership Property and Debts by one Partner to another for

a cerlain Sum.

This indenture of two parts, made and concluded this .... day of