GOING ABROAD. FROM PERSON farms, lands, tenements, and hereditaments belonging to me, for such price or prices, or other equivalent or satisfaction in land or money, and by such ways and means as my said attorneys or attorney shall think reasonable, and so that any sale either of real or personal property under the power hereby conferred may be either by public auction or private contract, and such property may be sold either together or in lots, and subject to any special conditions relative to title or otherwise, and my said attorneys or attorney may buy in any property at any sale by auction, or rescind any contract for sale, and resell the property so bought in, or the contract for the sale whereof may be so rescinded as aforesaid: AND I authorize and direct my said attorneys or attorney to pay all moneys which shall come to their or his hands by virtue of any of the powers herein contained, or so much thereof as shall remain after paying thereout the costs, charges, and expenses incurred by them or him in the exercise of any of the powers and authorities herein contained, into my account at the Bank, or otherwise to pay and apply the same as I shall from time to time by letter or otherwise To appear for direct: AND I also authorize my said attorneys or attorney to And to apply moneys coming to attorneys in payment of costs, &c. donor of power, and also to execute contracts, deeds, &c., appear for me in any court of justice to any action or other proceeding which may be instituted against me, or whereunto I shall be a party, and to defend the same, or suffer judgment to be had or given against me in any such action or other proceeding, by default or otherwise, as they or he my said attorneys or attorney shall be advised or think proper: AND also to enter into, make, sign, seal, execute, deliver, acknowledge, and perform any contract, agreement, deed, writing, or thing that may in the opinion of my said attorneys or attorney be necessary or proper to be entered into, made, signed, sealed, executed, delivered, acknowledged, or performed for effectuating the purposes aforesaid, or any of them, and for all or any of the purposes of these and generally presents to use the name of the said A. B.: AND GENERALLY to do, execute, and perform any other act, deed, matter, or thing whatsoever which ought to be done, executed, or performed, or which, in the opinion of my said attorneys or attorney, ought to be done, executed, or performed in or about my concerns, engagements, and business of every nature and kind whatsoever, as fully and effectually to all intents and purposes as I myself could do if I were present and did the same in my to do all other acts. GOING ABROAD. attorneys to proper person, it being my intent and desire that all matters and FROM PERSON things respecting the same shall be under the full management and direction of the said attorneys or attorney: AND I further declare that each one of them the said C. D. and E. F. may act in the several powers and authorities hereby conferred separately and apart from the other of them [AND FOR THE Powers to FURTHER, better, and more effectually doing, effecting, executing, appoint suband performing of the several matters and things aforesaid, I stitutes, hereby give and grant unto my said attorneys, and each of them, full power and authority from time to time to appoint one or more substitute or substitutes to do, execute, and perform all or any such matters and things as aforesaid; and the same and to remove substitute or substitutes at pleasure to remove, and to appoint another, or others, in his or their place or places] (c); and all and whatsoever my said attorneys, or either of them [or their or his substitute or substitutes] (c), shall do or cause to be done in or about the premises, I hereby covenant with the said C. D. and E. F. to allow, ratify, and confirm. IN WITNESS, &c. them at pleasure. No. II. POWER of ATTORNEY to receive RENTS, and distrain for TO RECEIVE RENTS, DISTRAIN, ETC. Recite seisin of certain lands TO ALL TO WHOM THESE PRESENTS SHALL COME, I, A. B., of, &c. (appointor), SEND GREETING: WHEREAS I am seised of and entitled to divers messuages and tenements, by donor. situate in the county of, and elsewhere, and am likewise in the habit of receiving money remitted to me from abroad by (c) The words within brackets will be omitted where the grantor does not wish to confer on his attorney a power of appointing substitutes. (d) It is supposed in this case that the grantor has no property beyond the real estate and the consignments from India, which it is necessary to place under the control of an agent. TO RECEIVE TRAIN, ETC. Appointment of attorney to receive rents, and distrain for the same and also to receive all sums con signed to donor of power. Now KNOW ALL MEN by these presents, that I hereby constitute and appoint my son C. D., of, &c., to be my true and lawful attorney, for me and in my name and on my behalf, to ask, demand, sue for, recover, and receive of and from all tenants and other persons who ought to pay the same, all rents and sums of money which now are, or hereafter shall become due or payable from or in respect of the said messuages and tenements, or any of them, and upon receipt thereof, to give and sign good and sufficient receipts and discharges for the same AND also, if they shall think fit so to do, to make abatements and allowances of rent to any of the tenants of the premises, and to allow deductions for ground rents, land tax, repairs, and other matters, and to settle and adjust all accounts, claims, and demands in relation thereto, and also upon non-payment of the said rents or other moneys, or any of them, or any part or parts thereof, to take such steps and proceedings by distress, action, or otherwise, to recover the same as my said attorney shall think fit: AND also for me and in my name or otherwise, to receive all sums of money whatsoever which are or at any time hereafter may be consigned to me from India or elsewhere, by or on account of the said, and on receipt thereof to sign and give good and sufficient receipts and discharges for the same: AND I agree to ratify and confirm all and whatsoever the said C. D. shall lawfully do in and concerning the premises by virtue of these presents: [AND I DECLARE that this power shall be irrevocable for one year from the date hereof] (a). No. III. POWER of ATTORNEY to receive a DEBT. TO RECEIVE debt. KNOW ALL MEN BY THESE PRESENTS, that I, A. B., To receive of, &c. (appointor), hereby constitute and appoint C. D., of, &c. (attorney), to be my true and lawful attorney, for me and in my name or otherwise to ask, demand, receive, sue for, and recover from X. Y., of, &c., the sum of £owing from him to me on a bond dated, &c., and all interest due in respect thereof, and on receipt thereof, or of any part thereof, to give proper receipts and discharges for the same: AND whatsoever the said C. D. shall lawfully do in the premises, I hereby agree to ratify and confirm. IN WITNESS, &c. No. IV. POWER of ATTORNEY to SELL a LANDED ESTATE, and TO SELL LAND. Appointment sell estate, of attorney to with usual powers, KNOW ALL MEN BY THESE PRESENTS, that I, A. B., late of, &c., and now residing at, &c., do hereby appoint C. D., of, &c. (attorney), to be my true and lawful attorney, for me and on my behalf and in my name to sell at such time or times as my said attorney shall think fit, ALL, &c. (describe shortly the estate), and the inheritance thereof in fee simple, either together or in lots, and either by public auction or private contract, and either with or without special conditions as to title or otherwise, with liberty to buy in at any sale by auction, to rescind or vary contracts for sale, and to re-sell without being answerable for any loss arising thereby: AND ALSO to execute such deed or and to convey deeds for conveying the said premises to any purchaser or pur- and give to purchaser chasers thereof, and also to give effectual receipts and discharges receipts for purchase money, (a) See the next Precedent. TO SELL LAND. for the purchase-moneys of the said premises as my said attorney and to manage shall think fit: AND ALSO in the meantime and until such sale premises until sale, with to receive the rents and profits of the said premises, and to usual powers. recover the same when in arrear by action or distress, and generally to manage the said premises with liberty in the course of such management to let or demise the said premises or any part thereof either from year to year or for any term of years not exceeding twenty-one years to take effect in possession at and under such rents and covenants as my said attorney shall think fit, and with liberty also to make allowances to and arrangements with tenants, to cut timber and other trees for repairs, sale, or otherwise, to expend money in repairs and improvements and insurances against loss or damage by fire, tempest, or otherwise, and to do such other acts and things in or about the management of the said premises as my attorney shall think fit: AND WHATSOEVER my said attorney shall lawfully do in the premises I hereby agree to ratify and confirm: AND I DECLARE that this power is irrevocable for one year computed from the date hereof. IN WITNESS, &c. CONVEYANCE IN TRUST INSTEAD OF No. V. DEED of CONVEYANCE of land by Person resident abroad to a TRUSTEE in trust for SALE and for MANAGEMENT in the meantime (instead of a power of Attorney) (a). THIS INDENTURE, made the day of BETWEEN A. B., of, &c. (owner), of the one part, and C. D., of, &c. (trustee), Grant of lands of the other part, WITNESSETH, that for divers good causes and considerations the said A. B., as beneficial owner, hereby to trustees Suggestion that a conveyance in trust is sometimes more convenient than a power of attorney. (a) A purchaser under a power of attorney must (unless the power is made irrevocable for a fixed time under sect. 9 of the Conveyancing Act, 1882) satisfy himself that the principal is alive at the time when the conveyance is executed. It may therefore be convenient in some cases instead of giving a power to vest the property by a conveyance in the intended attorney, upon proper trusts for sale and management in the meantime as in the above Precedent. |