To give receipts, &c.

payment to prosecute, &c.

any

inanner to collect, get in, and receive of and from all and every other person and persons resident in the said island of Portland, or elsewhere, in North America; and all and every debt and debts, sum and sums of money, due and owing by them, him, or her, to the said A. B.: And upon receipt of the said sum of L. as also other such debt or debts, sum or sums of money, to make, sign, give, and execute all and every such receipts, acquittances, or other good and sufficient discharges for the same, as shall be requisite and necessary in that And on non- behalf: And on non-payment of such debt or debts, sum or sums of money, or any of them, or any part thereof, to commence, institute, and prosecute, or to appear to, answer, and defend any action and actions, suit or suits, attachment or attachments, or other proceedings at law or in equity, or otherwise against, or by them, the said H. and M., or either of them, and such other person or persons (if any) as aforesaid, as shall or may be deemed necessary or advisable by the said F. L., for the recovery of the same debt or debts, sum or sums of money, or any of them, or any part thereof; and for that purpose to appear before any judge, justice, magistrate, registrar, or any other proper officer or officers, in the said province of as occasion shall require ; and thereupon to do, execute, and perform such acts, deeds, matters, and things, as shall be requisite or expedient, according to the laws, rules, and customs of the United States of America, or of the said proAnd to settle vince of, &c. And also to settle and adjust with the and adjust, &c. said H. and M., and such other person or persons (if any) indebted as aforesaid to the said A. B., all accounts and reckonings which now are, or at any time hereafter may be open, depending, and unsettled between the said A. B. and the said H. and M., or such other person or persons (if any) indebted to the said A. B.; and to submit to reference and arbitration any difference or dispute that shall or may arise, touching, or in any manner relating to any

such debt or debts, sum or sums of money, as aforesaid; and for that purpose to make, sign, seal, and deliver, any agreement or agreements for, or any bond or bonds of arbitration, or reference, in any reasonable penalty, to abide by, enforce, and perform the award, order, and determination which shall or may be made by the arbitrators or referees therein; And to prove any debt or debts due, or to become due, to the said A. B., under any act or acts for the relief of insolvent debtors, or under any commission or commissions of bankrupt, which is, or are, or shall or may be issued against the said Messrs H. and M., or any or either of them, or any such other person or persons (if any) indebted to the said A. B. as aforesaid, and to vote in the choice of assignees, and to accept and take the dividend or dividends to become payable under the same act or acts, commission or commissions; and also to compound for all and every, or any such debt or debts, sum or sums of money, due and owing to the said A. B.; and in the name of her, the said A. B., or otherwise, as occasion shall require, to do, execute, and perform all such other acts, deeds, matters, and things, as shall be needful or expedient, in and about the premises, as fully and effectually, to all intents and purposes, as she, the said A. B., could do herself, being personally present. And for the To substitute, better and more effectually executing the powers and authorities aforesaid, she, the said A. B., doth hereby authorize and empower the said F. L. to make, substitute, and depute, one or more attorney or attorneys, deputy or deputies, substitute or substitutes under him, and in his place and stead, with full power and authority to execute and perform all and every, or any of the powers and authorities hereby vested in and given to him, the said F. L.; and such attorney or attorneys, deputy or deputies, substitute or substitutes, so to be nominated by them, from time to time, to displace or remove, and another or others to appoint and depute in his or

&c.

Not answerable for any loss, without wilful ne

glect.

register.

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 said attorney shall do in the premises. And that such attorney, or his deputy or deputies, substitute or substitutes, executors or administrators, shall not 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, lastly, 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 intents 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

"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 signed] 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. B.'s own proper handwriting.

Sworn at, &c., before me, O. P.,

Mayor of

» &c.

An affidavit of the debt should be made and annexed to Affidavit of the power of attorney:

'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, mer

chants and copartners, are justly and truly indebted unto this deponent in the sum of, &c., for," &c.

debt.

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, O. 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

To enter.

To make distress,

and sell.

rally, my true and lawful attorney and attorneys, for me and in my name, place, and stead, jointly or severally to enter into and upon all that messuage or tenement, farmlands, hereditaments, and premises, situate and being in the parish of, &c., in the county aforesaid, and now in the tenure or occupation of G. H., his under-tenants or assigns, and held by him of me at and under the yearly rent of L.

; and

to make or cause to be made one or more distress or distresses of all or any hay, 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 charges of making such distress; and in case of nonpayment 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 the said A. B. giving and granting unto my said attorneys 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.

General graut.