ASSIGNMENT, in the law of England, is the name given to a conveyance by which the party making the A. transfers or &rants over, for a sufficient consideration, a right in expectancy, in reversion, or other right not in possession, such as a bond, a debt, or other chose in action (q.v.). In England, according to the strict rule of the old common law, no such right could be assigned or grantdover, because such a proceeding was thought to be an encouragement to litigation. The only exception to this general rule was in the case of the crown, which might always either grant or receive a chose in action by A. Now, however, the proceeding is in constant practice. The courts of equity used to make the rule itself give way to the expediency of facilitating the transfer of property by directly sanctioning the practice; and even in those of common law the application of the ancient principle was evaded. Mortgages may be assigned ; indeed the right to make such a transfer is one of the properties of a mortgage security. A. is also the proper mode of assurance or conveyance for passing leasehold estates for years, and other chattel property; and by the 8 and 9 Viet. c. 106, s. 3, it is enacted that all assignments made after the 1st of Oct., 1845, not being an interest which before the passing of the act might have beep created without writing, shall be void at law, unless made by decd. But a mere note in writing, if duly signed by the parties, will never theless be suppcirted in equity a an agreement, and. pass an equitable interest to the assignee. It alsO appears that a parol or verbal lease for a term not exceeding three years, nor valid as such within the statute of frauds (q,v.), may be assigned by a simple note in writing, if impressed with a proper stamp. Copyright is assignable; indeed, the 5 and 6 Vict. c. 45, s. 3, copyright is expressly given to the author and his assigns ; but it is not required, like a patent right, to be in every case under the seal of the pros prictor, it being enacted by section 13 of the same act that an A. properly entered in the book of registry at stationer' hall shall be as effectual as if made by deed.
In regard to the right of A. generally, it may be laid down that the property in things personal is transferable with absolute freedom; and if they are assigned under a condi tion which is either' repugnant to the gift itself, or against the policy of the law—such as a prohibition to dispose of the property assigned—the condition is void. There are some cases, however, where the right of alienation is, in respect of the incapacity of the owner, suspended; as to which it will be sufficient to remark that the law with respect to the disability of infants, insane persons, and persons under duress, applies in general to personal as well as to real property. A married woman, too, is in general under an absolute incapacity to make any transfer of things personal; for, with the exception of her equitable interest in property settled in trust expressly for her separate use, the goods and chattels which she may have possessed at the time of marriage, or subse quently acquired, belong, by the general rule of law, to her husband. There are also some few cases where, in respect of the nature of the interest itself, its alienation is absolutely prohibited. Thus, generally, the pay or half-pay of a military or naval officer, or the salary of an officer of trust, is, on a principle of public policy, not assignable, the object being to secure to such persons, even against their own improvi dence, the possession of those means which are essential to the maintenance -of their station and the performance of their duties. The sale or transfer of public appoint ments themselves is also, in general, contrary to the policy of the law, and in most cases expressly prohibited. See Stephen's Commenfaries, vol. ii., p. 43.
An A. of goods and chattels is frequently made by a bill of sale (q.v.). Bills of exchange (q.v.) and promissory notes (q.v.) are assigned by indorsement.
The corresponding term in the Scotch law is assignation (q.v.). But in that system A. is the legal and technical word for the transference of property in copyrights, patents, and registered vessels.