APPOINTMENTS. cute deed). lawful attorney, irrevocable, for me, and in my name, place, and stead (1), and for my use, to ask, demand, and receive of and from Attorney (exe-. the said (purchaser), his executors, administrators, or assigns, the said purchase-money, or sum of thereof, for me and in my name, and as my act and deed, to seal (2), To receive the and upon the receipt purchase money. (1) If the power be for the sale of the estate, say, "For me, and in my name, place, and stead, to make sale and dispose of all and singular the said hereditaments with the appurtenances, either by private contract or by public auction; and either together or in separate parcels or lots, for such price or prices, or sum or sums of money, as to him shall seem reasonable; and upon the receipt of the consideration or purchase-money of or for the same, or of any part thereof, a good sufficient acquittance and discharge, for me, and in my name, to make, sign, and give; and further, for me, and in my place and stead, and in my name, to sign and seal, and as my act and deed deliver, any deed or deeds, instrument or instruments in writing; and to do and execute all and every or any other act and thing, and acts and things whatsoever, which may be necessary or proper, or which the counsel in the law of the purchaser or purchasers thereof, or of his or their heirs or assigns, may deem and judge, and under his or their hand or respective hands declare to be necessary or proper, for carrying any agreement for the purchase into complete effect and execution, according to the true intent and meaning thereof, and of the parties thereto; and so and in such manner, that all and every the estate, right, title, and interest of me the said (vendor), in or to the said hereditaments and premises, with the appurtenances, shall and may be effectually and absolutely conveyed, transferred, and assured, unto and to the use of the purchaser or respective purchasers thereof, his and their heirs and assigns for ever; or unto such other person or persons, and for such estate or estates therein, and in such manner and form, as he or they shall or may direct or appoint, free and clear of and from all and all manner of liens, charges, and incumbrances whatsoever." (2) If the engrossment of the conveyance have been already prepared and approved of by the vendor, say, "To fill up the blanks or spaces at the top or beginning of the indenture to which these presents are annexed, and of an indenture or bargain and sale for a year, to accompany the same, with the day of the month and year whereon the same indentures respectively shall be sealed and delivered, or with any other proper date or dates. And Power to sell. Conveyance already engrossed. APPOINTMENTS. cute deed). And execute conveyance. deliver and execute (1), unto and for the use of the said (purAttorney (ere- chaser), his heirs and assigns, or otherwise as he or they shall direct, all and every necessary or proper conveyance or assurance of the said messuage, or tenement, lands, and hereditaments; or any covenant for the production of the title-deeds relating thereto, or to deliver over the same to the said (purchaser), his heirs or assigns; and also for me and on my behalf to subscribe to the receipt to be written on the back of the said conveyance the name of me the said (vendor) (2); and further, for me, and in my name, and as my act and deed, to do and perfect all and every other act, matter, and thing whatsoever, which shall or may be deemed necessary, proper, or expedient for the fully (3), absolutely, and effectually vesting and transferring the To sign receipt for purchase money. To do all ne. cessary acts. To execute a lease. Deed to be enrolled. Conveyance al ready engrossed. also to fill up, or cause to be filled up, the blanks, or spaces at the bottom or end of the same indentures respectively, by and with the name, description, and addition of him my said attorney [or of such one of them my said attornies, who shall act in the premises by virtue hereof]; and when and after the said blanks or spaces shall be so filled up, then at the foot or bottom of the said deed, to subscribe the name of me the said (vendor), and to seal and deliver the same indentures respectively, for me, in my name, and as my act and deed, unto and for the said (purchaser), his heirs and assigns, or otherwise, as he or they shall direct." (1) If the power be to execute a lease, say, "And as my act and deed, to seal, deliver, and execute, unto and for the benefit of the said (lessee), his executors, administrators, and assigns, a good, valid, and effectual demise, or lease, of the said messuage or tenement and premises for the term of years, under the clear yearly rent of payable quarterly, and with such covenants, provisoes, and agreements, as are usual in leases between landlord and tenant; or as the said (attorney) shall think necessary or proper to be inserted; and further, for me and in my name, and as my act and deed, to do and perfect, &c." as above. (2) If the deed be intended to be enrolled, add, “And further within the space of three months next after the date of the conveyance so to be made as aforesaid, and after the execution thereof to appear for me and to acknowledge such deed before one of the justices for the time being of some one of his Majesty's courts at Westminster. (3) If the engrossment be already prepared, say, "For the full, legal, effectual, and complete execution and acknowledgment (and enrolment and recording, if necessary or expedient) APPOINTMENTS. Attorney (execute deed). Acts done by attorney to be as said hereditaments and premises, and the rents, issues, and profits thereof, and all my estate, right, and title therein or thereto, in and to the said (purchaser), his heirs and assigns, as fully, amply, and beneficially, to all intents, constructions, and purposes whatsoever, as I myself might or could do if personally present, and these presents had not been made; and so, and in such manner, as that there may be made a good and perfect title and conveyance unto and to the use of the said (purchaser), his heirs and assigns for ever (1). AND I do hereby accordingly declare, that all and every the receipts, releases, conveyances, instruments, and assurances, and acts, deeds, matters, and things, which shall or may be by him given, made, done, or committed, for that or those purpose or purposes, shall be as good, valid, and effective, to all intents and purposes whatsoever, as if the same had been signed, sealed, delivered, given, or made, or done, by me, in my own proper person (2). I the Confirmation. said (vendor) hereby giving my said attorney the whole of my power and authority in the premises, and hereby allowing, ratifying, and confirming, and promising and agreeing, from time to time, and at my said attorney of the said indenture, or of any other indenture or indentures, or deeds, or instruments of the like tenor or purport, or in confirmation of the said hereditaments, or any part thereof, although the same shall or may be thereby conveyed or assured in other or different forms or terms, and although the premises in such other deed or deeds, shall or may be differently or otherwise described, the better to ascertain the same." valid as if done by principal. (1) The following proviso is sometimes added for precaution-sake, but Power not to exit does not appear to be necessary: tend to other acts than those spe "PROVIDED ALWAYS that these presents, or the power hereby cified. given, shall in no wise extend to appoint the said (attorney) to or for any other intent or purpose, or to do or perform any other act, deed, matter, or thing, than what is hereby particularly expressed, referred to, or implied, for the purposes aforesaid, but solely and only for the making, executing, perfecting, and completing, unto and to the use of the said (purchaser), his heirs and assigns, such indentures, deeds, writings, and assurances, as shall or may be deemed necessary or expedient for the purpose of conveying and assuring a clear and indefeazible estate or inheritance in the fee simple of and in the said hereditaments and premises according to the true intent and meaning thereof and of these presents." (2) Here may be added a covenant for the attorney to account for the Account. purchase money, see ante, p. 256. n (1). APPOINTMENTS. all times, to allow, ratify, and confirm, and hold for good, firm, valid, Attorney (exe and effectual, all and whatsoever my said attorney shall lawfully do or cause to be done, in or concerning the premises by virtue of these presents. IN WITNESS, &c. cute deed). Attorney must sign the name of principal. Where one person executes a deed for another under a power of attorney, he should execute it in the name of his principal; Coomb's Case, 9 Co. 76; Frontier v. Small, 2 Lord Raym. 1418.; 1 Stra. 705. S. C.; White v. Cuyler, 6 Durnf. and E. 176. But although the act done must be the act of the principal and not of the attorney who is authorized to do it, yet if the deed be executed in the principal's name, it matters not in what form of words such execution is denoted by the signature of the names; as if opposite the seal be written, " for A. B. the principal, C. D. the attorney." Wilks v. Back, 2 East, 142; Streiglitz v. Egginton, 1 Holt, 141. The proper form however is as follows: "IN WITNESS whereof (the attorney) of, &c., the attorney of tion of deed by and for the said (principal), lawfully authorized in that behalf by a certain power of attorney, an attested copy whereof is hereupon indorsed, or hereunto annexed, hath hereunto set the name and seal of the said (principal) the day and year first above written." Form of execu attorney. Delivery. Attestation. A. B. (principal's name). by C. D. (attorney) his attorney duly authorised. In delivering the deed, the attorney should make use of words to the following effect: "I deliver this as the act and deed of the within named (principal). The attestation of the execution of the deed may be thus: 66 Signed, sealed, and delivered by (the attorney), as the attorney, in the name, and as the act and deed of the within named (principal), in the presence of us." No. LXXXI. An Appointment of an Attorney to act for another in all his Variations providing for the decease of the attorney during the APPOINTMENTS. Attorney (general power). Recital of inten attorney. TO ALL TO WHOM THESE PRESENTS SHALL COME, (the principal) of, &c. sends greeting. WHEREAS the said (principal) being about tion to leave the to leave the United Kingdom of Great Britain and Ireland, and to kingdom. reside for a time in foreign parts, hath requested (the attorney) of, &c., to take upon himself the care of his estate and property, and to act for him in his affairs during his absence, which the said (attorney) hath consented to do. Now THEREFORE KNOW YE, that the said Appointment of (principal) HATH made, deputed, constituted, and appointed, and in his place and stead put, and by these presents doth make, ordain, depute, constitute, and appoint, and in his place and stead, put the said (attorney) his true and lawful attorney, to act in and conduct and manage all and every the affairs, matters, and things of him the said (principal), being or happening within the United Kingdom of Great Britain and Ireland during the absence of him the said (principal), and for that purpose doth by these presents authorize and empower him the said (attorney), in the name and on the part and behalf of him the said (principal), to ask, To receive debts, demand, sue for, recover, and receive of and from all and every person and persons whomsoever, and also of and from all and every body or bodies, politic or corporate, in the said United Kingdom, whom it doth, shall, or may concern, all and every sum and sums of money, debts, dues, goods, wares, merchandizes, chattels, effects, and things, of what nature or description soever, which now are, or is, or which at any time or times during the subsistence of these presents, shall or may be, or become due, owing, payable, or belonging to the said (principal), in or by any right, title, ways, or means howsoever; and also to ask, demand, and receive of and from To receive legaall and every the person or persons to whom it doth, shall or may belong to pay the same, all and every the legacies, gifts, and bequests &c. cies |