ASS 
of ah annuity, rent-charge, judgment, flatute, &c. but as 
to lands they are ufually of leafes and edates tor years, &c. 
And by the datute of frauds, flat. 29 Car. II. c. 3, no ef- 
tate of freehold, or term for years, thall be afligned but by 
deed in writing figned by the parties ; except by operation 
of law. A potlibility, right of entry, title for condition 
broken, a trull, or thing in adtion, cannot be granted oraf- 
figned over. Co.Litt. 214. But though a bond, being a 
chafe in aBion, cannot be atligncd over fo as to enable the 
aflignee to fue in his own name, yet he has by the affign- 
mer.t fuch a title to the paper and wax, that he may keep 
or cancel it. Co. Lit. 232. And in the alignment of bonds. 
See. is always contained a power of attorney to receive and 
fue in the affigner’s name. Alfo in equity a bond is argu¬ 
able for a valuable confideration paid, and the aflignee 
alone becomes entitled to the money ; fo that, if the obli¬ 
gor, after notice of the aflignment, pays the money to the 
obligee, he will be compelled to pay it over again. 2 Fern. 
595. In the cafe of a policy of infurance, the court of 
K. B. will fo far take notice of an aflignment, as to permit 
an action to be brought in the name of the afligner. 1 Term 
Rep. 26. And the afligner who has become a bankrupt 
may fue the debtor for the benefit of the aflignee. Id. 619. 
Though a pofiibility or contingent interefl be not grant- 
able at law, yet (whether in real or perfonal eflate) it is 
tranfmiflible and devifeable. Cro. Jac. 509. The cafes in 
the books, 1C.R.1S, 2 P. IVms. 608, abundantly prove, 
that interefls in contingency, refpecting perfonal eflates, 
are aflignable in equity; but, it may be material to obferve, 
that in the cafe of affignments of fucli interefls, equity re¬ 
quires the aflignee to fiiew that he gave a valuable confi¬ 
deration for the interefl afligned ; and therefore will not 
interpofe to affifl volunteers. But courts of equity will 
eflablifli alignments of contingent interefls againfl execu¬ 
tors, adminiffraters, or heirs at law, even where fuch af¬ 
fignments are made, not for confideration of money, but 
in confideration of love and aftedtion, and advancement of 
children. 1 Fez. 409. Fonblanque'sTrcatifc of Equity, i. 203. 
An aflignee mult take the fecurity afligned, fubjedt to 
the fame equity that it was in the hands of the obligee; 
as if on a marriage treaty the intended luifband enters into 
a marriage-brokage bond, which is afterwards afligned to 
creditors, yet it Hill remains liable to the fame equity, and 
is not to be carried into execution againfl the obligor. 2 
Vcrn. 428. Where there is a bond for the performance of 
the covenants in a leafe, if the leffee alligns the leafe, he 
may likewife aflign the bond ; but this mud before any of 
the"covenants are broken ; but, if any of the covenants 
are broken, and the leffee afterwards affigns the leafe and 
bond, and the aflignee puts the bond in fuit, for thofe 
breaches, it is maintenance. Godb. 81. 
It is enadted by the flatute 7 Jac. I. c. 15, “ That a 
debtor to the king fhall not aflign any debts to him, but 
fuch as did originally grow due to the debtor afterwards 
there was a debtor to the hulband in 2000I. by a flatute ; 
the hufband made his wife executrix, and died ; flie mar¬ 
ried again one G.D. who was indebted to the king, and 
then the hufband and wife afligned this flatute to the king 
in fatisfadlion of the debt due to him; adjudged, that the 
aflignment was good, for, though the fecond hufband had 
the flatute in right of his wife, and by confequence the 
debt was not originally due to him, yet, becaufe he might 
releafe the flatute, it is the fame thing as if it had been 
originally taken in his name. 2 Cro. 324. 
An office of trull is not grantable or aflignable to ano¬ 
ther; and therefore it was adjudged, that the office of a 
filazer, which was an office of trull, could not be afligned; 
nor could it be extended upon a flatute. Dyer, 7. A bare 
power is not aflignable, but where it is coupled with an in¬ 
terefl it may be afligned. 2 Jon. 206, 2 Mod. 317. Arrears 
of rent, See. is a chofe in aBion, and not aflignable. Skin. 6. 
It hath been doubted if a leafe foryears, before entry and 
poffeffion, be aflignable. Show. 29 1. A leffee out of pof¬ 
feffion cannot make any aflignment of his term off the land, 
but mud firfl enter, and re-continue hispoffeflion ; or feal 
Vol. II. No. 71. 
ASS 2$; 
and deliver the deed upon the land, which puts the aflig- 
nee into actual pofleflion. Dalif. 81. But it has been ad¬ 
judged that where leffee for years of the crown is put oift 
of his eflate by a flranger, yet he may aflign the term, 
though he is not in poffeffion ; becaufe, the reverfionbeing 
in the crown, he cannot lawfully be put out of poffeffion, 
but at his own will. Cro. Eliz. 275. 
If leffee for years aflign all his term in his leafe to ano¬ 
ther, he cannot referve a right in the aflignment, for he 
hath no interefl in the thing by reafon of which the rent 
referved fhould be paid; and where there is no reverfion 
there can be no diflrefs: but debt may lie upon it, as on a 
contract. 1 Lill. Abr. 99. Where the executor of a leffee 
affigns the term, debt will not lie againfl him for rent in¬ 
curred after the aflignment; becaufe there is neither pri¬ 
vity of contraCl nor eftate between the leffor and the exe¬ 
cutor: but, if the leffee himfelf affigns his leafe, the pri¬ 
vity of contract remains between him and the leffor, altho’ 
the privity of eflate is gone by the aflignment, and he fhall 
be chargeable during his life; bur, after his death, the 
privity of con trad! is likewife determined. 3 Rep. 14, 24. 
Although a leffee make an aflignment over of his term, yet 
debt lies againfl him by the leffor or his heir, (not having 
accepted rent from the aflignee ;) but, where a leffee afligns 
his term, and the leffor his reverfion, the privity is deter¬ 
mined, and debt doth lie for the reverfioner againfl the firfl 
leffee. Moor, 472. Vide Barker t*. Dormer. 1 Sho. 191. 
A man made a leafe, provided that the leffee or his af¬ 
figns fhould not alien the premiles without licence of the 
leffor, &c. who after gave licence to the leffee to alien ; by 
this the leffee or his affigns may alien in infinitum. 4 Rep. 
119. Adjudged, that fome things in refpeCt of their na¬ 
ture are not aflignable, or to be granted over; as, for in- 
flance, if the donee in tail holdeth of the donor by fealty, 
he cannot aflign it over to another, becaufe fealty is incident 
to, and infeparable from, the reverfion; fo if the founder 
of a college grant his foundation, though it be to the king, 
the grant is void, becaufe it is infeparable from his blood. 
11 Rep. 66 b, in Magdalen College’s cafe. 
Several things are aflignable by aCts of parliament, which 
feem not aflignable in their own nature ; as promiffory notes 
and bills of exchange by flat. 3 & 4 Ann. c. 9 ; bail-bonds 
by the fheriff, by 4 & 5 Anne, c. 16 ; a judge’s certificate 
for taking and profecuting a felon to conviction, by 10 & 
x 1 Will. III. c. 23 ; a bankrupt’s effects by the feveral fla- 
tutes of bankruptcy. A leafe was made for years of lands, 
excepting woods; the leffor grants the trees to the leffee, 
and he affigns the land over to another ; the trees do not 
pafs by this aflignment to the aflignee. Goldjb. 1S8. Where 
tenant for years affigns his eflate, no confideration is necef- 
fary ; for the tenant being fubjeCt to payment of rent, &c. 
is fufiicient to veft an eflate in the aflignees: in other cafes 
fome confideration muff be paid. 1 Mod. 263. The words 
required in affignments are, grant, affign, and ft over’, 
which may amount to a grant, feoffment, leafe, releafe, con¬ 
firmation, &c. 1 Inji. 301 • In thefe deeds the afligner is to 
covenant to fave harmlcfs from former grants, &c. That 
he is owner of the land, and hath power to affign ; that the 
aflignee fhall quietly enjoy, and to make further affurance; 
and the alfignee covenants to pay the rent, and perform the 
covenants, &c. 
ASSIM'ILABLE, adj. [from ajjimilate. ] That which 
may be converted to the fame nature with fomethingelfe. 
To ASSI'MILATE, v.n. \_aJJimilo, Lat.J To perform 
the adt of converting food to nourifhment. — Birds ajjimi- 
late lefs, and excern more, than beads; for their excre¬ 
ments are ever liquid, and their flefli generally more dry. 
Bacon. 
To Assimilate, v. a. To bring to a likenefs, or refem- 
blance.—A ferine and neceffitous kind of life would eafily 
ajjimilate at lead the next generation to barbarifm and fe- 
rinenefs. Hale.. —To turn to its own nature by digedion.— 
Hence alfo animals and vegetables may ajjimilate their nou- 
ridiment; moilt nourifhment eafily changing its texture, 
till it becomes like the denfe earth. Newton. 
4 D ASSI'MILATENESSj, 
