ASSIGNMENT, (assignatio,) in the law of England, is the transferring of the interest which one has in any subject to another person.
Assignments may be made of lands in fee, for life, or for a term of years ; of an annuity, rent-charge, judg ment, statute, &c. In the case of assignments of lands, they are usually of leases and estates for years.
No estate of freehold, or term for years, may be assign ed but by a written deed signed by the parties; unless when such assignment takes place by the operation of the law. A possibility, right of entry, title for condi tion broken, a trust, or chose in action, cannot be as signed. A lessee out of possession cannot assign his term, but must first enter, and recontinue his posses sion, or seal and deliver the deed upon the land, which puts the assignee into actual possession. If a lessee, for years, assigns the whole of his term, he cannot re serve a rent in the assignment ; for he has no interest in the thing, by reason of which the rent reserved should be paid ; but debt may lie upon it as upon a contract. Ha lessee, for years, assigns over his term, and dies, his exe cutors shall not be liable for rent due after his decease. Where the executor of a lessee assigns the term, he will not be charged with debt for rent due after the assign ment ; because there is neither privity of contract, nor es tate, between the lessor and executor. But if the lessee himself assigns his lease, the privity of contract remains between him and the lessor, although the privity of es tate is gone by the assignment; and, therefore, he shall not be chargeable during his life ; but, at his death, the privity of contract also determines.
Although a lessee assigns over his term, he is yet chargeable with debt to the lessor, or his heir, who have not accepted rent from the assignee. But where a les see assigns his term, and the lessor also his reversion, the privity is determined, and debt does not lie for the reversioner against the first lessee. In general, the as signee who has the land, and is privy in estate, is debtor in respect of the rent. In the case of an assignment
made by an assignee, the first assignee is not liable for the rent ; for if he he admitted by the lessor, the admis sion of one assignee is the admission of twenty. An as signment by an assignee discharges him ; and it is not required that he should give notice of his assignment to the lessor.
Where a tenant, for years, assigns his estate, no con sideration is necessary ; for the tenure being subject to the payment of rent, &c. is 'sufficient to vest an estate in the assignee. But, in other cases of assignment, some consideration is required to be paid.
The word heir is sufficient to make an assignee ; and the grantee of a common person is assignee to have benefit of a covenant, grant, &c. The words generally required in deeds of assignment are grant, assign, and set over; which may amount to a grant, feoffment, lease, release, confirmation, &c. In these deeds, the granter must covenant to save harmless from former grants, &c.; that he is owner of the lands, and has power to assign ; that the assignee shall quietly enjoy, &c. And the as signee. may covenant to pay the rent, Etc.
Some things arc, from their nature, not assignable. A bond, being a chose in action, cannot be assigned over, so as to enable the assignee to sue in his name. The form of assigning a chose in action is of the nature of a declaration of a trust, and an agreement to permit the assignee to make use of the name of his author, in order to recover the possession. The person, however, to whom a chose in action is transferred, is rather an attorney than an assignee. But the king had always the right of granting or receiving a chose in action by assign ment. And in equity, a chose in action is always con sidered as assignable for a valuable consideration ; and the assignee alone becomes entitled to the money.
Promissory-notes and bills of exchange, bail-bonds by the sheriff, a judge's certificate for convicting a felon, and the effects of a bankrupt, arc made assignable by several statutes. See Jacob's Law Dict. Blackst. Com ment. vol. ii. p. 326. (z)