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their room or stead, she, the said A. B., hereby ratifying, allowing, and confirming, and agreeing to
ratify, allow, and confirm, all and whatsoever her Not answer. said attorney shall do in the premises. And that able for any
such attorney, or his deputy or deputies, substitute loss, without wilful ne-" or substitutes, executors or administrators, shall not glect. be answerable for any loss which may happen in or
about the execution of the powers aforesaid, withAuthority to
out his or their wilful neglect or default. And, lastregister.
ly, the said A. B. doth hereby authorize and empower her said attorney to acknowledge these presents before the registrar or other proper officer or officers of the said island, or other proper place, and that the name, handwriting, and seal, set, subscribed, and affixed to these presents, is the proper name, handwriting, and seal of the said A. B., and that the same was duly executed by her as and for her proper act and deed ; and to do and perform all or any other acts, matters, and things, necessary or expedient for the registering of these presents, if such registry shall be necessary, as fully and effectually as the said A. B. could do herself, if she were personally present. And also all other acts and things which may be necessary to be done for rendering these presents valid and effectual to all in. tents and purposes, according to the laws and customs of the said island of, &c., or the local laws of the country where it shall be necessary to execute and obtain the purposes of these presents. In witness whereof, the said A. B. hath, &c.
Affidavit of n There must be an affidavit made of the due execution of the execution the power of attorney by one of the witnesses, as follows, of power.
and annexed to the power of attorney :
“L. M., of, &c., maketh oath and saith, that he was present and did see A. B., of, &c., duly sign, seal, and as her act and deed deliver the letter of attorney hereunto annexed; and that the name subscribed against the seal of the said letter of attorney is the proper handwriting of the said A. B., and that the names [as wigned] subscribed to the said letter of attorney as witnesses to the execution thereof
Power of Attorney to distrain for Rent. Know all men, &c., that I, A. B., of, &c., for divers Appointment good causes and considerations me hereunto moving, of an attorney. have nominated, constituted, and appointed, and, &c., C. D., of, &c., and E. F., of, &c., jointly and seve
by the said A. B., are of this deponent's and of the said A.
Mayor of .," &c. An affidavit of the debt should be made and annexed to Affidavit of the power of attorney :
debt. - England (to wit.)-A. B., of, &c., in the county of S., widow, maketh oath and saith, that Messrs H. and M., of Portland, in the province of , in North America, merchants and copartners, are justly and truly indebted unto this deponent in the sum of, &c., for,” &c.
A certificate should be given by the chief magistrate of Certificate by the city or town, with the seal of office affixed, and annexed a magistrate. to the affidavits, after this form :
“ To all to whom these presents shall come, I, 0. P., mayor of, &c., in that part of the United Kingdom of Great Britain and Ireland called England, in pursuance of an act of Parliament made and passed in the 5th year of the reign of his late Majesty King George II., intituled, 'An act for the more easy recovery of debts in his Majesty's plantations and colonies in America,' hereby certify, that, on the day of the date hereof, personally came and appeared before me, A. B. and L. M., the deponents respectively named in the annexed affidavits, being persons well known and of good credit, and by solemn oaths which the said deponents then respectively took before me upon the holy Evangelists of Almighty God, did respectively solemnly and sincerely declare, testify, and depose to be true, the several matters and things named and contained in the said annexed affidavits. In faith and testimony whereof, I, the said mayor, have caused the seal of the office of mayor of the said city of, &c., to be hereunto put and affixed; and the deed-poll or letter of attorney mentioned and referred to in and by one of the said affidavits to be hereunto also annexed. Dated at the Guildhall, in the said city of, &c., the day of 1840."
rally, my true and lawful attorney and attorneys, for
me and in my name, place, and stead, jointly or seTo onter. · verally to enter into and upon all that messuage or
tenement, farmlands, bereditaments, and premises, situate and being in the parish of, &c., in the county aforesaid, and now in the tenure or occupation of G. H., bis under-tenants or assigns, and held by him
of me at and under the yearly rent of L. ; and distress, to make or cause to be made one or more distress or
distresses of all or any bay, corn, goods, chattels, beasts, sheep, or other effects or things whatsoever, standing, lying, and being in and upon the said demised premises, or any part thereof, for all such rent or rents that was, or were, and now is due and owing to me, to Michaelmas-day last past, for or on account of the said premises, or any part thereof; and such distress or distresses, when made or taken, for me and on my behalf to hold, detain, and keep, until payment and satisfaction to be made to me for all
such rent due and in arrear to me, and all costs and and sell. charges of making such distress; and in case of non
payment thereof within the time limited, after such distress made, by the laws now in force, to appraise, sell, and dispose of the same, or cause the same to be
appraised, sold, and disposed of according to law, I General the said A. B. giving and granting unto my said at
torneys and attorney, jointly and severally, full power and authority, for me and in my name and on my behalf, to do or cause to be done all such acts, matters, and things whatsoever, touching, concerning, or in anywise relating to the said premises, as fully, to all intents and purposes whatsoever, as I the said A.
B. might or could do, in my own proper person, in Ratification. case these presents had not been made. And what
soever my said attorneys or attorney, or either of them, shall lawfully do or cause to be done in or about the premises, I hereby for myself, my heirs, executors, and administrators, agree to allow, ratify, and confirm. In witness, &c.
To receive a Legacy. To all to whom, &c., I, C. D., of, &c., send greeting.
Whereas [recite the will.] And whereas the said Recital. E. F. hath proved the said will, and I the said C. D. have sealed such general release to the said E. F. as by the said will is directed, and left the same in the hands of my attorneys hereinafter named, to be delivered to the said E. F. on payment of the said sum of, &c. Now know ye, that I, the said C. D., have Appointment. made, ordained, constituted, deputed, and appointed, and by these presents do make, ordain, constitute, depute, and appoint I. E., of and I. S., of my true and lawful attorneys and attorney, jointly and severally, for me and in my name, and for my use, to ask, demand, sue for, recover, and receive of and from the said E. F., or such other persons to whom it doth, shall, or may belong to pay the same, the said legacy or sum of L.1000, so given and bequeathed to me, the said C. D., by the said A. B., in and by her said will as aforesaid, together with any interest which may be due for the same; and upon receipt thereof by my said attorneys, or either of them, to deliver the said general release so sealed as aforesaid, or to give such other discharge as shall be sufficient;' I hereby ratifying, allowing, and confirming, and promising and agreeing, at all times, and from time to time, to ratify, allow, and confirm
°Here may be added, “ And on non-payment of the said On non-pay
nment to proselegacy or sum of L. , or any part thereof, or of any
any cate, &c. interest due in respect thereof, to commence and prosecute, for me and in my name, all such remedies, suits, and means, for recovering and receiving the same, as effectually, to all intents and purposes whatsoever, as I myself could or might have done, if personally present, and these presents had not been made ; and also, from time to time, and at all times, to nominate, substitute, and appoint any attorney or attorneys under them, the said, &c., or either of them, for all or any of the purposes aforesaid."
all and whatsoever my said attorneys, jointly or separately, shall lawfully do, or cause to be done in the premises. In witness, &c.
Recital of surrender.
Power of Attorney to take Admittance of Copy
hold Lands, and to surrender. 9
Whereas R. D. and E. his wife, on the
As to admit. tance by attorney.
P The lord is not compellable to admit the copyholder by attorney, as fealty cannot be sworn by attorney ; yet if he do so admit, the admittance will be good. A surrender may be by attorney, without a special custom; but a purchaser is not obliged to accept such surrender. Ante, 205.
9 Another form to take admission, (see 9th Geo. I., C. 29, 81:)_“Know all men, &c., that I, A. B., of, &c., (eldest son and heir, &c.,) [as the case may be,] one of the customary or copyhold tenants of the manor of, &c., according to the custom of the said manor, have made, ordained, deputed, constituted, and appointed, and, &c., my true and lawful attorney, for me, the said A. B., and in my name, place, and stead, to appear at the next general or special court-baron to be holden for the said manor of , or at any other subsequent court-baron, to be holden for the said manor; and then and there, for me and for my sole use and benefit, to pray admittance unto, and be admitted tenant of all, &c., to the end, intent, and purpose that I, the said A. B., my heirs and assigns, may hold the same by copy of court-roll, at the will of the lord, according to the custom of the said manor, by the rents, duties, and services therefore due and of right accustomed; and for me and in my behalf, to pay all such fines, dues, and moneys, as shall then and there be payable for or by reason of such admittance; and generally for me, the said A. B., and in my name, to do and execute all and every such acts and things as shall or may be necessary and requisite for procuring me, the said A. B., to be admitted a copyhold or customary tenant of the said manor, as fully and effectually, to all intents and purposes whatsoever, as I, the said A. B., could or might do if I were personally present ; I hereby promising and agree