APPOINTMENTS.

Attorney (re

ceive insurance

money).

the said policies of insurance or any or either of them, and all such costs and charges which I or my said attorney may have been or shall be put to touching the premises; and in default of payment of the same, or any part thereof, for me the said (principal) and in my name to commence and prosecute with effect, any action or actions, suit or suits, either at law or in equity, against the said insurers and underwriters, any or either of them, their or his executors, or administrators, or whomsoever else it doth, shall, or may concern, or belong to pay the same, for the recovery and enforcing the payment thereof, or any part thereof; and on payment of the said several sums so insured, or any part thereof, for me the said (principal), and in my name to give, sign, seal, and execute proper receipts, or other good and sufficient discharges for the same; and also for me the said (prin. And give recipal), (if he the said (attorney) shall see fit) to compromise, conclude, and agree, either by arbitration or otherwise, the several and respective claims and demands which I the said (principal) have against the said insurers and underwriters, any or either of them, by virtue of any such policies of insurance; and generally for me the said (principal), and in my name to do, transact, and perform all and every other thing and things, act and acts whatsoever, touching and concerning the said policies of insurance, any or either of them, as fully and effectually to all intents and purposes whatsoever as I the said (principal) might or could do if personally present. And also, &c. [power to appoint another attorney] (1). I hereby ratifying, &c. (2). IN WITNESS, &c.

ceipts, &c.

SCHEDULE

ABOVE REFERRED TO.

(1) See ante, p. 256.

(2) See ibid.

A covenant may be added here for the attorney to account for his Attorney to acreceipts, as ante, p. 256. n. (1).

count.

APPOINTMENTS.

Attorney (receive freight).

No. LXXXIX.

*An Appointment of an Attorney to receive the Freight of a Ship.

KNOW ALL MEN BY THESE PRESENTS, that I, (master) of, &c.
master of the ship or vessel called the
of the burthen of

,

tons or thereabouts, have made, constituted and appointed, and by these presents Do make, constitute and appoint (attorney) of, &c. part owner of the said ship, [or as the case may be], to be my true and lawful attorney, for me, and in my name, and for my use, and the use of the rest of the part owners of the said ship, to demand, levy, and receive, by all lawful ways and means, of and from G. and H. of merchants, their executors and administrators, and any and every of them, and all others whom it doth or shall concern, to pay the same and every sum or sums of money which now is or are due, owing and payable by and from them, or either of them,

as freight or otherwise, for or in respect of any goods or merchandizes imported in the said ship in her late voyage from

, by virtue of a charterparty dated, &c. or otherwise howsoever; and upon receipt of all or any such sum or sums of money, to give sufficient receipts and discharges for the same. I hereby giving unto him, my said attorney, full power and authority in or concerning the premises, in all things as I now have or then should have had if these presents had not been made (1).

(1) The above is the usual form, but the like additions may be made as in the preceding forms, which see in the margins.

APPOINTMENTS.

No. XC.

*An Appointment of an Attorney from the Directors of an Insurance Company to sign Policies of Insurance, &c. agreed for.

Attorney (erecute fire policies).

KNOW ALL MEN BY THESE PRESENTS, that we (directors), three of the directors of the Assurance Company, London, being duly authorized for that purpose on the behalf of the said Company, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint (attornies) of to be our true and lawful attornies in

or for and within the county of
giving and hereby granting
them full power and lawful authority for us and in our names and on
our behalf, and in the name and behalf of and for the said

Assurance Company, to underwrite and sign such policies of in-
surance against loss or damage by fire, as they the said (attornies)
may judge for our interest and the interest of the said company, (each
policy not exceeding the sum of £ ), on houses, furniture, ware-
houses, churches, chapels, and goods in warehouses within the said
county; and also to insure against fire, ships building or repairing
or laid up in harbour in any river, dock, or port in or adjoining to
the same county, or any part thereof; and for us, the said (direc-
tors) to regulate, adjust, settle, and pay all damages which may hap-
pen by fire to any such houses, furniture, warehouses, churches,
chapels, goods in warehouses, ships, or other property by them so in-
sured; and likewise to compound and agree by arbitration or otherwise
concerning the same, as they the said (attornies) shall judge expe-
dient or advisable; and also to appear before all or any lords, judges,
and justices in any court or courts, office or offices at aforesaid,

or in any other place or places, there for us to do, say, and act as
occasion shall be or require; and generally for us the said (direc-
tors), and in our names and on our behalf, and for and in the
name and on the behalf of the said
Company, to do, trans-
act, perform and conclude all and every other thing and things,

1

APPOINTMENTS.

act and acts whatsoever, touching and concerning the premises above Attorney (execute fire policies), mentioned, as fully and effectually to all intents and purposes whatsoever as we the said (directors) might or could do if personally present, hereby promising and agreeing to ratify and confirm and hold for good and valid all and whatsoever they the said (attornies) shall legally and lawfully do or cause to be done in and about the premises by virtue of these presents. IN WITNESS, &c.

No. XCI.

An Appointment of an Attorney to surrender Copyhold Premises.

KNOW ALL MEN BY THESE PRESENTS, that I (the principal) of, &c. one of the copyhold or customary tenants of the manor of

و

in the county of HAVE made (1), ordained, deputed, Appointment of constituted, and appointed, and by these presents Do make, ordain, attorney. depute, constitute, and appoint (the attorney) (2) of, &c. my true and

lawful attorney, for me the said (principal), and in my name, place, To surrender and stead, to surrender into the hands of the lord or lords, or lady or premises.

(1) It is not necessary that the surrender of copyhold premises should Copyholds may be made by the copyholder in person; he may, in many cases, appoint be surrendered an attorney for that purpose, and a surrender made by such attorney will by attorney. be equally operative as if made by the copyholder himself. A purchaser, however, is not compellable (unless under peculiar circumstances, rendering a personal surrender impossible) to accept of a surrender made by an attorney; Mitchell v. Neale, 2 Ves. 679; for the power may be revoked the next moment, in which case the surrender, being founded upon it, would be void, and the purchaser driven into a Court of Equity for relief.

If, however, the copyholder be a person non compos, or an infant, he is prohibited by the common law from making an attorney; and the statute 9 Geo. I. c. 29. which enables feme coverts and infants to make attornies for the purposes of admission, has no relation to surrenders; and although a husband may, in most cases, appoint an attorney for himself and his wife, yet that cannot be done in the present instance, it being necessary that the wife should on her surrender be examined privately by the steward to ascertain that there was no coercion by her husband, and which would be frustrated by his appointment of an attorney, for a person it is clear cannot be examined by deputy; and see 1 Watk. Copyh. 66; and so it also is of executors, or other persons appointed to sell copyhold lands, who cannot surrender by attorney, for they are themselves no more than attornies, or persons authorised to do the thing directed, Co. Copyh. s. 34. 9 Co. 75. b.

Feme coverts, or infants, may however, be attornies to make the surrender, because they act merely as instruments, and ministerially, without the necessary exercise of any judgment or discretion; Co. Lit. 52. a.

(2) If two persons be appointed attornies, see ante, p. 255. n. (1). Two attornies.