Page images
PDF
EPUB

therein, and relating thereunto, as fully as we ourselves might or could do if personally present. AND we do hereby ratify and confirm all and whatsoever the said C. D. and E. F. or his or their agents or substitutes, jointly or severally shall lawfully do, or procure, or otherwise cause to be done, in and touching the premises. We do further hereby request, authorise, order and empower the said A. B. and C. D. jointly and severally, for us and on our behalf, according to our parts in the said ship to contract, agree for, buy and purchase the said ship, with her appurtenances, at and for such rate and price as the same can be bought for and as they or either of them shall think fit: And each of us the said part-owners do hereby covenant and agree for ourselves, our executors and administrators, severally and respectively, and not jointly, nor one for the other to and with the said A. B. and Č. D. their executors and administrators, jointly and severally, That every of us the said part owners shall and will, upon demand, pay or cause to be paid unto the said C. D. and E. F. a proportionable part and share according to our late shares, in the said ship, of all such sum and sums of money, charges and disbursements, as shall be by them, or either of them, either disbursed, contracted, agreed or paid, for the buying, purchasing or releasing the said ship from her caption as aforesaid, or in or about the claiming, demanding or procuring the discharge thereof, in all or any court or courts, or other place or places; and of all other charges whatsoever in, about or concerning the said ship and premises, as aforesaid. IN WITNESS, &c.

To receive and recover money from underwriters.

KNOW ALL MEN BY THESE PRESENTS, That I, A. B. of &c. send greeting. WHEREAS I the said A. B. have shipped or caused to be shipped in and upon a certain ship or vessel called the whereof C. D. is and then was master, the following goods and merchandises, viz. which said goods and merchandises were shipped on board the said vessel and intended and destined for the port of for which said voyage the day

at

of

in

[ocr errors]

said ship or vessel sailed on or about the of now last past. AND WHEREAS I the said A. B. caused sundry policies of insurance to be under wrote by certain underwriters for assuring the said goods and merchandises, so shipped on board the said ship or vessel, from loss and damages by sea, as by the said policies of assurances dated the

day of

reference being thereunto had, will and may more fully and at large appear. AND WHEREAS the said ship or vessel was by stress of weather forced tnto

and her said cargo is become spoiled and totally damaged and I the said A. B. have thereby sustained a loss to the full amount, purporting to be assured in and by the said policies of assurance. NOW I, the said A. B. have made, ordained, nominated, constituted and appointed, and by these presents DO make, ordain, nominate, constitute and appoint C. D. of &c. my true and lawful attorney, for me and in my name, and for my use, to ask, demand and recover of and from the underwriters and insurers who have signed and subscribed the said policies of insurance for assuring the said goods and merchandises shipped by me the said A. B. on board the said ship or vessel called the

, or of and from their several and respective heirs, executors or administrators, or whomsoever else it doth, shall or may concern, the several sum and sums of money which I the said A. B. may be entitled to recover of and from the said underwriters or insurers, by virtue of the said policies of insurance by them respectively underwrote and signed, and assured from loss or damage by sea: AND all such costs and charges which I or my said attorney may have been put to touching the premises; and in default of payment of the same or any part or parcel thereof, for me the said A. B. 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 underwri ters who have subscribed and underwrote the said several policies of insurance, or their heirs, executors, or administrators, or whomsoever else it doth, shall or may concern, for the recovery and enforcing the payment thereof and every part thereof: and on payment of the said several sums so insured, or any part thereof, for me the said A. B. and in my name to give, sign, seal and execute proper receipts, or other good and sufficient discharges: AND also for me the said A. B. (if the said C. D. shall see it fitting,) to compromise, conclude and agree by arbitration the several and respective claims and demands which I the said A. B. have against the said insurers and underwriters, by virtue of such policies of insurance ; AND generally for me the said A. B. 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, as fully and effectually to all intents and purposes whatsoever as I the said A. B. might or could do if personally present. HEREBY ratifying, &c.

Form of a power and proof required to recover from assignees of a bankrupt in England.

In the matter of A. B., C. D. and E. F. bankrupts. G. H. of the city of Philadelphia in the United States of America maketh oath and saith that A. B., C. D. and E. F. late of Broad street in the city of London, merchants, dealers, chapmen and partners against whom a commission of bankrupt under the great seal of Great Britain hath been awarded and issued and is now in prosecution, were at and before the date and issuing of the said commission and still are justly and truly indebted unto him this deponent and to Z. O. his partner in trade in the sum of £- - sterling money of Great Britain, for balance of account of monies had and received by the bankrupts for the use and on the account of this deponent and his said partner; (or) for money advanced and paid by deponent and his said partner for the use of the bankrupts and at their request; (or) for goods sold and delivered by deponent and his said partner to the bankrupts; (or) as indorsers of the undermentioned bill of exchange which were indorsed and delivered over to this deponent and his said partner by one S. P. in consideration of the full amount thereof paid to him and upon which the said sum of £ still remains due and owing to this deponent and partner; And this deponent further saith that he hath not nor have or hath his said partner or either of them or any other person or persons by his or their order, or to the knowledge or belief of this deponent to his or their use, received any security or satisfaction whatsoever for the said sum of £or any part thereof save and

except the undermentioned bills.

Note or Date. Drawers. Sums. Acceptors. When drawn. Indorsers. bill.

SWORN to, &c.

KNOW ALL MEN by these presents, That we A. B. and Z. O. of the city of Philadelphia, in the United States of America, merchants, creditors of I. B., P. R. and T. B. late of Broad street in the city of London, merchants, dealers, chapmen and partners against whom a commission of bankrupt under the great seal of Great Britain hath been awarded and issued and is now in prosecution for divers good causes and considerations us thereunto moving or inducing, HAVE made, ordained, authorised, nominated, constituted and appointed and by these presents DO make, ordain, authorise, nominate, constitute and appoint, and in our stead and place put and depute L. M. of Philpot-lane, in the city of London, merchant, to be our true and lawful ATTORNEY for us and in our names or in his own name as our attorney, but for our use and benefit to ask, demand, and receive of and from the assignees of the estate and effects of the said bankrupts appointed under the said commission or whom else it may concern all sum and sums of money that may be due and payable to us by way of dividend or dividends upon or in respect of the debt or sum of pounds due and owing to us from the said bankrupts, and proved or to be proved under the said commission and on receipt thereof or of any part thereof, good and sufficient receipts, releases, acquittances and discharges for the same to make, give, sign, seal, execute and deliver and in case of refusal to admit the proof of our said debt under the said commission or of non-payment of such dividend or dividends or any part thereof, then, and in such case for us and in our names to commence, sue and prosecute all such actions, suits or other proceedings or to prefer such petition or petitions to the Lord Chancellor or other competent authority in Great Britain as may be fit or expedient to be commenced, sued, prosecuted or preferred for the purpose of establishing such proof and of enforcing the payment of such dividend or dividends as aforesaid, AND GENERALLY for him our said attorney to act, transact, do, perform and execute all and every such further and other lawful and reasonable act, deed, matter and thing whatsoever in the law for the better executing and discharging the power and authority hereby given as fully and effectually to all intents and purposes as we ourselves could or might do if we were personally present and did the same, and we hereby ratify, allow and confirm as valid and effectual all and whatsoever our said attorney shall lawfully do or cause to be done in or about the premises by virtue of these presents. IN WITNESS WHEREOF We have hereunto set our hands and seals

this
day of
in the year of our Lord one
thousand eight hundred and twenty

SIGNED, SEALED AND DELI-
VERED in the presence of us.

}

L. S.
L. S.

B. C. of the city and county and state of New-York, in the United States of Amerca, clerk to A. B. and Z. O. of the same place, maketh oath and saith, that he was present and did see A. B. and Z. O. of the said city of New-York in the United States aforesaid, sign and seal and as their and each of their act, and deed deliver the instrument or power of attorney hereunto annexed and that the names A. B. and Z. O. set and subscribed opposite to the seal at the foot of the said instrument as the parties executing the same and the name of this deponent thereto also subscribed as a witness attesting the due execution of the same are respectively of the proper handwriting of the said A. B. and Z. O. and of him this deponent.

Sworn to &c.

N.B. Affidavits must be sworn to before the mayor and a notarial attestation of such officer being qualified to take affidavits must be made with the legality of the consul.

To sell real estate, transact all business.

KNOW ALL MEN by these presents, that I, A. B. of the city of Philadelphia, HAVE ordained, constituted, made and appointed, and by these presents do ordain, constitute, make and appoint C. D. of the said city my true and lawful ATTORNEY for me and in my name to ask, demand, sue for, recover and receive of and from all and every person and persons whatsoever all and every sum and sums of money due and owing or that may become due and owing to me on any and every account, to give receipts and acquittances for the same, or at his discretion to compound, compromise and agree for the same and give discharges; and also for me and in my name to sign any bond, obligation, contract or agreement or other paper whatsoever, to draw and indorse promissory notes and the same to renew, to draw upon any bank or banks, individual or individuals for any sum of money that may be to my credit or which I may be entitled to receive and the same to deposit in any other bank and again at his pleasure to draw for from time to time as myself might or could do, and also for me and in my name to sell any part or parts of my real estate which I am entitled to in my own right or in common with others or howsoever I may be entitled to the same, and to make all necessary deeds,

« EelmineJätka »