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Assignment

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ASSIGNMENT. An assignment is the term for that kind of total alienation by deed or writing (other than testamentary) of a chattel interest in real property, or of chattels personal, or of an equitable interest in real estate, which is not essentially de structive of such interest. Assignments are either voluntary or for valuable consideration. The former are specifically termed "gifts" (see DONATION) . The document evidencing the latter is called a "bill of sale." The technical operative words of an assign ment are "assign, transfer and set over"; but any other words showing an intention to make a complete transfer will amount to an assignment. In Scotland the usual term for this contract is assignation. The parties thereto in England and Scotland respec tively are called assign and assignee, assignor and cedent. In the United States they are known as assignor and assignee.

In the United States.—An assignment of the property of a debtor is often made to a trustee for the benefit of creditors, the trustee being authorized to administer and to liquidate as far as necessary the assets, and to apply them to the satisfaction of the creditors, the surplus, if any, being returned to the assignor. Such assignment may be partial or general. A partial assignment may stipulate what is to be assigned, but a general assignment for the benefit of creditors embraces the entire property of the assignor except such part as may be exempt by statute, and con stitutes an act of bankruptcy (q.v.). Exemptions vary in different jurisdictions and local laws must be consulted in any given case. A permanent assignment, such as is made in the transference of the title to stock and bonds, is known as an irrevocable assignment.

Assignment in Blank.

This is a formal assignment of a bond or of a certificate of stock in which the name of the party to whom the assignment is made is omitted; it is often called "en dorsement in blank." Instruments so assigned are convenient and easy for a broker to handle with promptness, as he merely has to fill in the name of a purchaser to make the instrument transfer able on the books of the issuing company. Great care must be exercised to guard against forgery in such stock assignments, and for that reason most corporations will not transfer stock on their books unless the signature of the assignee on the old certificate is guaranteed by a hank or by a stock exchange house or is acknowledged by a notary.

stock, assignor, transfer and assign