Vol. III. Ch. III.

(After stating appointment proceed thus)-" His true and lawful attornies, jointly and separately for him and in his name, to sign and underwrite all Power to enable such policies of insurance as they his said attornies, or any of them, shall several Attornies jointly and separately think proper."

Two or more of

to act for Prin

cipal. (1) A. B. of, &c. maketh oath and saith, that he was present and did see Affidavit of the E. F. of, &c. duly sign, seal, and as his act and deed deliver the procuration dule Execution of or letter of attorney hereunto annexed; and that the name E. F., subscribed a Procuration or against the seal of the said procuration or letter of attorney, is of the proper Letter of Attor- hand-writing of the said E. F., and the names of this deponent and of ney. (2) J. M. subscribed to the said procuration or letter of attorney as witnesses to the due execution thereof, are of this deponent's and of the said J. M.'s own proper respective hand-writing.

The like in another Form.

Notarial Certificate of the due

Execution of a Letter of Attorney. (3)

Notarial Certifi

cate of the Iden tity of the Person executing a Power of Attor.

ney.

Bond of the Attorney, and Surety for duly accounting, &c.

Sworn, &c.

A. B. of, &c. maketh oath and saith, that he was present, and did see C. D. of, &c. duly sign, seal, and, as his act and deed, deliver the letter of attorney hereunto annexed, and that the name C. D. thereunto set, as the name of the party executing the same, is of the proper hand-writing of the said C. D., and that the name E. F. and A. B., set or subscribed as witnesses to the due execution of the said letter of attorney, are of the respective proper hand-writings of the said E. F. and of this deponent.

A. B.

I, J. M. of , notary public, by royal authority duly admitted and sworn, do hereby certify and attest unto all to whom it may concern, that the letter of attorney hereunto annexed was duly signed and sealed by A. therein named, in my presence, and in the presence of C. D. and E. F. To the due execution thereof an act being requested, I have granted the same under my notarial form and seal of office, to serve and avail as occasion shall or may require. Done and passed at aforesaid, this

day of

On this

in the year of our Lord

day of , before me J. M. notary public, &c. personally came and appeared A. B. of, &c. and C.D. of, &c. who severally declared that they, these appearers, have for many years known and been well acquainted With E. F., son of G. H., late of but now of , and that these appearers verily believe the said E. F. to be the same identical E. F. named in the will of J. K. of aforesaid, deceased. And I do hereby certify, that the signature of the said E. F. wrote and subscribed hereunder, is of the true and proper hand-writing of the said E. F., he having subscribed the same in the presence of these appearers, and also in my presence. In testimony, &c.

Whereas the above-named A. A., by his deed-poll or writing under his hand and seal, bearing even date herewith, hath constituted, nominated, and appointed the above-bounden B. C. and D. E. his attorney and attornies, jointly and severally, for him the said A. A., and in his name and to his use, to ask, demand, sue for, recover, and receive all such sum and sums of

(1) See 5 B. & A. 628. where it was held that a power of attorney, in the above form, given to fifteen persons, would enable four of them to execute it.

(2) See a form post, 33. sworn before Lord Mayor.

(3) See another form, post. 83.

money, effects, debts, and demands whatsoever, which now are, or at the. Vol. III. Ch. III. day of now next ensuing shall be due and owing unto him the said A. A. or his estate from any person or persons whomsoever, and to do such other lawful, necessary, and legal acts for the purposes aforesaid, as in such deed-poll or writing are in that behalf and for that purpose particularly mentioned, as by the said deed-poll or writing may more fully appear. Now the condition of the above-written obligation is such, that if the above bounden B. C. and D. E., their executors or administrators, do and shall, from time to time, well and truly account for and pay or cause to be paid unto the said A. A., his executors, administrators, or assigns, upon demand in writing for that purpose, all such sum and sums of money, effects, debts, and demands, as the said B. C. and D. E. shall from time to time receive and get in by virtue of the said letter of attorney or otherwise, to the use of the said A. A. or his estate as aforesaid, without fraud or delay, then the above written obligation to be void, otherwise to be and remain in full virtue and effect.

torney. (1)

To all to whom these presents shall come, I, A. B. of, &c. send greeting. A Revocation of Whereas I, the said A. B., by a certain deed-poll or instrument, in writing, a Power of Atunder my hand and seal, bearing date the day of which was in the year of our Lord constituted and appointed C. D. of, &c. to be my lawful attorney to, &c. (state the substance of the power). Now know ye, that for various causes and considerations me hereunto moving, I, the said A. B., have revoked, annulled, determined, and made void, and by this present deed or instrument, in writing, under my hand and seal, do absolutely revoke, annul, determine, and make void the said deed-poll or letter of attorney herein-before recited or mentioned; and all and every the powers and authorities by me thereby or otherwise given to or vested in the said C.D. for the purposes aforesaid, or otherwise relating to the matters and things in the said deed-poll mentioned, so far in all things as the same powers and authorities, or any of them, have or hath not been by the said C. D. already performed or executed. In witness whereof I have hereunto set my hand and seal, this

Witness, &c. (see ante.)

day of

Whereas I, A. B. of, &c. did, on or about the

A. D.

A. B. (L. s.)

Revocation of a former Power,

and Letter of Attorney appointing a fresh all Attorney.

day of now last past, by a certain writing or letter of attorney, authorize and empower C. D. of, &c. to demand, sue for, recover, and receive, as well of and from E. F. of, &c. and G. H. of, &c., as of and from all other person and persons whatsoever, resident at or elsewhere, in the said island of debts, dues, sums of money, goods, wares, merchandizes, effects and things due, payable, or belonging to me the said A. B. (or to that effect) as thereby, relation being thereunto had, will and may more fully and at large appear. Now know all men by these presents, that I, the said A. B., for divers good causes and considerations me thereunto moving, have revoked, recalled, countermanded, and by these presents do revoke, recall, countermand, and to all intents and purposes make null, void, and of none effect, the said writing or letter of attorney, and all powers and authorities therein and thereby made, granted, and given to the said C. D., and all other things therein contained, and all acts, matters, and things which might or may be acted, done, and performed by virtue or means thereof; and do hereby make, ordain, authorize, constitute, and appoint J. W. of

in the

(1) See ante, 3d vol. 223, 4. If the authority of the agent was under seal, it must be

;

Vol. III. Ch. II. island of my true and lawful attorney, for me, and in my name, place, and stead, to ask, demand, levy, recover, and receive of and from the said C. D., or whomsoever else it may concern, all such debts, dues, sum and sums of money, goods, wares, merchandizes, effects, and things, and every part thereof, which he the said C. D. shall have received of the said E. F. and G. H., or of either of them, or of and from any other person or persons whatsoever, resident at or elsewhere in the said island of and also for me, and in my name, place, and stead, to ask, demand, levy, recover, and receive of and from the said E. F. and G. H., or of either of them, and of and from all other person or persons whatsoever, resident at or elsewhere in the island of all such debts, sum and suma of money, goods, wares, merchandizes, effects, and things which is and are still due and owing unto me the said A. B., and unreceived and unpaid; and on receipt thereof, or any part thereof, acquittances or other sufficient discharges for the same, for me and in my name to make, seal, and deliver; and to do all lawful acts and things whatsoever concerning the premises, as fully in every respect as I myself might or could do if I were personally present, and an attorney or attornies under him for the purposes aforesaid to make and at his pleasure to revoke. Hereby ratifying, allowing, and confirming all and whatsoever my said attorney shall in my name legally do or cause to be done in and about the premises, by virtue of these presents. In witness, &c.

General Letter

of Attorney to get in Debts

from Persons

dule.

certain persons, which my

To all to whom these presents shall come, I, A. B. of, &c. send greeting. Whereas I, the said A. B., have various debts and monies due to me from avocations in business render it inconvenient for named in a Sche- me to demand in person (or as the case may be): And whereas the said debts and monies are or are intended to be particularly mentioned in the schedule or inventory thereof hereunder written or hereunto annexed; now know ye, that I, the said A. B., have made, deputed, constituted, and appointed, and by these presents do make, depute, constitute, and appoint, C.D. of, &c. my true and lawful attorney, for me, and in my name, and for my own use and benefit, to ask, demand, sue for, recover, and receive of and from all and every the person or persons to whom it doth, shall, or may belong to pay the same, all and every the book and other debts, sum and sums of money now due and owing, or hereafter to become due and owing, unto me, from all and every or any of the persons whose names are mentioned in the schedule or inventory herein-above referred to, all and every the sum and sums set opposite to their respective names; and also all such other sum and sums of money as I, the said A. B., shall at any time hereafter, in writing under my hand, express to be due to me from them, or any or either of them; and upon receipt thereof, receipts, releases, and other proper and sufficient discharges and acquittances from time to time to make and give for the same, or any part thereof respectively; and upon nonpayment of the said debts and monies, or any part thereof, to take, commence, exercise, and prosecute for me, and in my name, and on my behalf, all necessary, lawful, or proper powers, remedies, actions, suits, expedients, and means for the recovering, receiving, attaining, and getting in the same, with full power to compromise or compound for any debt or debts, and accept a part for or in lieu of the whole thereof, and to give time or indulgence for payment of any debt or debts, and in the mean time accept such security for payment thereof as he shall think proper; and to submit any debt or debts, or doubt or dispute in relation to any debt or debts, to arbitration, and sign and execute for me, and in my name, any deed or writing for the purpose of giving effect to such submission, as fully and effectually, to all intents and purposes whatsoever, as I myself might or could have done, taken, commenced, exercised or prosecuted, or done or assented to, if per

tute other Attornies.

sonally present, and these presents had not been made; and also from time Vol. III. Ch. III. to time to substitute, nominate, and appoint one or more attorney or attornies under him the said C. D. for all or any of the purposes aforesaid, Power to substiand again at his pleasure to displace and remove, as he shall see occasion or think fit. I the said A. B. hereby ratifying and allowing, and promising and agreeing, from time to time and at all times, hereafter to ratify, allow, and confirm all and whatsoever he the said C. D., or his lawful attorney or attornies to be by him from time to time nominated and appointed in pursuance of the power herein-before given him for that purpose, shall lawfully do or cause to be done in and concerning the premises by virtue of these presents. In witness, &c.

Signed, &c.

A. B. (L. s.)

Know all men, by these presents, that I, A. B. of, &c. have made, ordained, authorized, constituted, and appointed, and by these presents do make, ordain, authorize, constitute, and appoint C. D. of, &c. my true and lawful attorney irrevocable for [when there are two attornies say, have made, &c. and by, &c. B. of, &c. and C. of, &c. jointly, and either of them, severally to be my true and lawful attornies and attorney for me, &c."] me and in my name and to my use (or "but to the use of him the said C.D.") to ask, demand, sue for, recover, and receive of E. F. of, &c. all and every sum and sums of money, debts, and demands whatsoever, which now are due and owing unto me the said A. B. by and from the said E. F.; and in default of payment thereof, to have, use, and take all lawful ways and means in my name, or otherwise, for the recovery thereof, by attachment, arrest, (distress), (reentry), (or otherwise), and to compound or agree for the same, and on receipt thereof, or of any part thereof, acquittances or other sufficient discharges for the same, for me and in my name to make, seal, and deliver, and generally to do all lawful acts and things whatsoever concerning the premises, as fully in every respect as I myself might or could do if I were personally present, and an attorney or attornies under him for the purposes aforesaid to make, and at his pleasure to revoke, hereby ratifying, allowing, and confirming all and whatsoever my said attorney shall in my name legally do or cause to be done in and about the premises by virtue of these presents. In witness whereof, I have hereunto set my hand and seal, the

in the year of our Lord

and in the

day of year of the reign of our Sovereign, &c. of the United Kingdom of Great Britain and Ireland, &c.

Sealed and delivered (being first duly stamped) in the presence of

A. B. (L. s.)

The like to One or more Attornies to receive

Debts from a

particular Per

son.

To all to whom these presents shall come, I, A. B. of, &c. send greeting. Letter of AttorWhereas E. F. of, &c. by bond or obligation in writing, under his hand and ney to receive seal, bearing date, &c. became bound in the penal sum of £ for the Money due punctual payment to me, my executors, administrators, and assigns, of the upon á Bond. (1) sum of £. on, &c. with interest for the same after the rate of £5 per cent. per annum, by equal half-yearly payments on, &c. [or as the case may be]. Now know ye, that I the said A. B. have made, deputed, constituted and appointed, and by these presents do make, depute, constitute, and appoint C. D. of, &c. my true and lawful attorney, for me and in my name to ask, demand, sue for, recover, and receive of and from the said E. F., his heirs, executors, and administrators, the said sum of £, together with all and every such sum and sums of money as shall from time to time become

(1) See Wilde's Sup. 2 vol. 118.

Vol. III. Ch. III. due and payable upon, for, or in respect of the said bond: And upon payment thereof, or of any part thereof, good, sufficient, and proper receipts, acquittances, releases, and discharges to make and give for the same: And upon non-payment of the same, or any part thereof, to take, commence, execute, and prosecute for me, and in my name, all such powers, remedies, actions, suits, expedients, ways, and means for the recovering, receiving, obtaining, and getting in the said principal sum of £——, and all or any other sum and sums of money which shall or may be then due to me upon or by virtue of the said bond, as fully and effectually to all intents and purposes whatsoever as I myself could or might have taken, commenced, executed, and prosecuted, if personally present, and these presents had not been made; and also from time to time to substitute and appoint one or more attorney or attornies under him the said C. D. for all or any of the purposes aforesaid, as he shall see occasion or think fit. I the said A. B. hereby ratifying, and promising and agreeing from time to time, and at all times hereafter, to ratify and confirm all and whatsoever the said C. D. or his attorney or attornies shall lawfully do or cause to be done in and concerning the premises by virtue of these presents. In witness, &c.

The like in a more general Form.

The like to receive Money

which is not be

come due on a Bond.

Power of Attorney to receive

ticular Person.

due unto me in and by

and receive of E. F. of, &c. the sum of virtue of a bond or obligation bearing date the day of and upon nonpayment thereof, to have, use, and take all lawful ways and means in my name, or otherwise, for recovery of the same, by attachment, bill of plaint, arrest, or otherwise, and on receipt thereof, &c.

To all to whom, &c. I, A. B. of, &c. send greeting. Whereas C. D. of, &c. and E. F. of, &c. by their obligation, bearing date, &c. are and stand bound unto me the said A.B. in the sum of with condition for the payment of on the day of now next ensuing, as by the said obligation will more fully appear. Now know ye, that I the said A. B. have hereby made, ordained, authorized, constituted, and appointed G. H. of, &c. to be my true and lawful attorney, for me and in my name to demand and receive the said sum of at the time limited for the payment of the same; and if the same shall not be then paid, to sue for and recover the sum of being the penalty of the said obligation; and on receipt thereof, &c,

Know all men by these presents, that I, A.B. of, &c. have named and constituted, and by these presents do name, appoint, and make my trusty friend, Monies of a par- C. D. of, &c. my true and lawful attorney, for me and in my name and to my use to demand, sue for, recover, and receive of J. W. of, &c. the sum of L- to me due and owing by and from the said J. W., giving and hereby granting unto my said attorney my full power and authority to use and exercise all such acts, things, and devices in the law as shall be necessary for recovering of the said debt, and acquittances or other discharges in my name to make and give, and generally to do and execute in the premises as fully as I myself might or could do being personally present; ratifying, confirming, and allowing all and whatever my said attorney shall lawfully do or cause to be done therein by these presents. In witness whereof, I have hereunto set my hand and seal, this day of, &c.

Letter of Attor

ney to receive

A. B. (L. s.)

Know, &c. that I, A. B. of, &c. intending to go into and for some time to continue in parts beyond the seas, have made, ordained, authorized,