The Form of a Lease from a Person authorised by letter of Attorney, THIS Indenture, made

TH

between A. B. of

and C. D. of of the one part (A. B. is the proprietor of the land, and C. D. is the attorney appointed) and E. F. of the other part. Whereas the said A. B. by a certain writing or letter of attorney under his hand and seal duly executed, dated the day of amongst other things therein contained, did authorise the said C. D. in the name of him the said A. B. and on his behalf, to execute leases of such part of his lands,tenements and hereditaments in as by the said C. D. should be thought fit to be leased: Now this indenture wit, nesseth, That for and in consideration of the rent, convenants and agreements herein after mentioned, reserved and contained, on the part and behalf of the said E. F. to be paid, done and performed, he the said A. B. by his said attorney C. D. hath granted, demised, &c. (Here go on as in the precedents before laid down for other leases, until the lessor comes to covenant, and then begin thus.) And the said A. B. by his said attorney, for himself, &c. (Here insert a covenant for quiet enjoyment.)

In witness, &c.

A

Of LETTERS and WARRANTS of ATTORNEY.

LETTER of attorney is an authority given by one person to another to transact something in his name; as to receive money, &c. and a warrant of attorney is of the same nature, though generally applied to proceedings at Jaw.

These instruments commit the whole power of the makers thereof to the at torney, to accomplish the act intended to be performed. Letters of attorney are sometimes revocable, and sometimes not. They are irrevocable, when debts &c. are absolutely assigned to another, and on that account, the word irrevocable is commonly inserted. When revocable they usually carry only a bare authority along with them.

If the attorney exceeds the bounds of the authority granted, as in the case where he is empowered to deliver livery and seisin of land in such a particlar part, and he does it in another, this shall render the whole act void; for authorities of this kind receive a very strict interpretation as to the conduct of agents. See 2 Barne's Notes, C. B. 44.

If a warrant of attorney be to enter judgment of a particular term expressed, and the attorney enters it of another term that is void. Mod. Rep. 1.

If a person gives a warrant of attorney, to confess judgment, and dies before it is confessed, the warrant becomes countermanded. Ventr. 310. Salk. 87. Andr. 53. 2 Stra. 1C81. 10 Mod 45. So if a female gives a warrant to confess judgment, and marries before it is entered, this is likewise a countermand. Salk, 399. See Salk, 177. Far. 53. Show. 91.

If a warrant of attorney to confess Judgment be above a year old, you must not enter it up without leave of the court; which will be granted upon a moti. on by counsel, on producing a warrant of attorney, and an affidavit, that the debt or some part of it, is still due: and that the defendant is alive, 2 Show. Rep. 252. Barne's Notes C. R. 188, Com, 226. Anon. 6 Med. 212. See Lord Raym. 859.

Str.

.639. 2. Stra. 718.

For the affidavit, see head Affidavit.

If the warrant of attorney is above ten years standing the motion on the above affidavit must be made in court,if above twenty years standing there must be a rule of court on defendant to shew cause why the judgment on the warrant of attorney shall not be continued.

No warrant of attorney is of any force unless it is on a separate piece of paper from the contract, or if given while the defendant is in custody of any officer, unless there is an attorney present to inform him of the nature of it. But the law does not extend to defendants in custody on executions.

Note. If a letter of attorney be going into a different jurisdiction, it should be acknowledged before a magistrate, if into, a foreign country, then it is safer to acknowledge it before a notary public.

A general letter of Attorney.

for divers good causes and considerations me hereunto moving, have made, ordained, authorised, nominated and appointed, and by these presents do make, ordain, authorise, nominate and appoint C. D. of my true and lawful attorney, for

KNOW all men by these presents, that 1, A. 3. of

me and in my name,and for my own proper use and benefit toask,demand, sue for, recover and receive of and from E. F. of all such sum or sums of money, debts and demands whatsoever which are now due and owing unto me the said A. B. by and from the said E. F. and to have, use and take all lawful ways and means, in my name or otherwise, for the recovery thereof, by attachment, arrest,distress or ortherwise, and to compound and agree for the same: and acquittances or other sufficient discharges for the same, for me, and in my name, to make,seal and deliver, and to do all other lawful acts and things whatsoever concerning the premises, as fully, and in every respect, as I myself might or could do, were I personally present at the doing thereof; and attornies, one or more under him, for the purposes aforesaid, to make,and again at his pleasure to revoke ratifying and confirming, and by these presents allowing whatsoever my said attorney shall, in my name lawfully 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 day of, &c.

K

on

deceased,

to be paid unto me

A Letter of Attorney to receive a Legacy. NOW all men by these presents, that whereas A. B. late of by his last will and testament in writing, bearing date, &c, last past, did give and bequeath unto me C. D. of a legacy of and of the said will made and constituted E. F. of and G. H. of joint executors, as in and by the said will may appear, Now know ye, that I the said C. D. have made, ordained, constituted, and appointed J. K. of my true and lawful attorney, for me, and in my name, and for my own proper use and benefit, to ask, demand and receive of and from the said E. F. and G. H. the legacy of given and bequeathed unto the said C. D. by the said will of the said A. B. as aforesaid; and upon receipt thereof by, or payment thereof to my said attorney, a general release or discharge for the same to make, execute and deliver; Hereby ratifying, confirming, and allow ing whatsoever my said attorney shall lawfully do in the premises. In witness, &c.

A Letter of Attorney to receive Rent.

NOW all men by these presents, that I, A. B. of

all

have made, consti tuted & appointed and by these presents do make, constitute and appoint C. D. of &c. my true and lawful attorney, for me, and in my name, and for my own proper use and behalf,to ask,demand and receive of and from E. F. of such rents & arrearage of rent, which now are, or hereafter shall grow due fromthe said E. F. out and from all that messuage or tenement, with the appurtenances situated and upon receipt thereof, to give proper acquittances and sufficient discharges thereof; And in default of payment thereof, or any part thereof to my said attorney, I do hereby authorise and empower him my said attorney,for me and in my name,into and upon the said messuages and premises to enter and distrai; and the distress and distresses there found and taken to dispose of according to law, for the speedy recovering and obtaining my said rent and ar, rears of rent; or otherwise to proceed by action of debt for the recovery there, of, as by him my said attorney shall be thought fit. Hereby ratifying, &c.

A Letter of Attorney to make a Distress,

have made,consti tuted and appointed,and by these presents do make constitute and appoint C. D. of my true and lawful attorney, for me, and in my name, to take any person or persons to his assistance, to enter into and upon all those my lands,at

KNOW all men by these presents, that I A. B. of

now in the occupation of E.F. or his assigns, as tenants thereof, and there, for me,in my name, to make a distress of all such cattle,horses,corn,hay,goods and chattels as are,or shall be found in or upon the premises, for one half year's rent due to me, out of and for the premises at last And after the said goods are so distrained, if the said E. F. doth not within the time limited by the statute in that case made and provided, replevy the same, or pay the said rent, then and in such case, I do hereby authorise my said attorney to cause the said cattle to be appraised; and according to such appraisement to make sale thereof to such person or persons as will buy or purchase the same; and the money arising by such sale to dispose of, in such manner as by the said statute is directed. And for whatsoever my said attorney shall lawfully do in or about the premises, these presents shall be to him a sufficient warrant. witness, &c.

An irrevocable Letter of Attorney to receive Annuities.

KNOW all men by these presents, that whereas A. B. of

In

being possess

a year each, by vir. the numbers of which

ed of and entitled unto two several annuities of tue of the several exchequer orders, bearing date orders are and made in pursuance of an act passed &c. entitled an act, &c. and to be paid by four quarterly payments, for and during the term of ninetynine years,commencing, &c. as therein mentioned: He the said A.B. being so possessed as aforesaid, in and by one indenture bearing date,&c. made between the said A. B. of the one part, and C. D. of &c. and E. F. of &c. of the other part, hath assigned and transferred the said two several annuities,and the tallies and orders made out thereupon, and all his estate and interest therein,unto the said C.D. and E.F. to hold to them,their executors, administrators and assigns, to,for,and upon the several trusts therein mentioned; and amongst other things, in trust to permit and suffer the said A. B. and his assigns to receive & take one

of the said annuities of a year, for and during the term of his natural life as in and by the said indenture may more fully appear: Now know all men by these presents, that we the said C. D. and E. F. in pursuance and part performance of the trust in us reposed by the said in part recited indenture, kave made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint the said A. B. our true and lawful attorney, irrevocable, in our names, but for the sole use and benefit of him the said A. B. to ask, demand and receive out of his majesty's exchequer, or of or from the lord high treasurer of Great Britain for the time being, the commissioners of the treasury, or such other person or persons as ought to pay the same, the said one annuity of &c. a year aforesaid,from time to time as the same shall or ought to become payable to him by virtue of the said in part recited indenture, and on receipt thereof,to give proper and sufficient acquittances and discharges for the same: hereby ratifying, confirming and allowing whatsoever our said attorney shall lawfully do or cause to be done in or about the premises, as fully and effectually as if we ourselves were personally present, and the actors and doers thereof. In c.

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occupation of

A Letter of Attorney to let or sell Lands.

am seised

NOW all men by these presents, that whereas I, A. B. of situate & now or late in the possession or Now know ye, that I the said A. B. have made, constituted and appointed, and by these presents do make, constitute and appoint C. D. of my true and lawful attorney, for me and in my name, to lease, let, sell or demise the said to such person or persons, and for such a term or number of years, and at and under such yearly and other rents as he shall think fit; or otherwise to sell and dispose thereof, either for life or lives, or to sell, grant,and convey the same absolutely infee simple,for such price or sum of money, and to such person or persons as he shall think fitand convenient : And also for me,and in my name and as my act and deed,to sign,seal,execute and deliver such deeds, conveyances,bargains, and sales, for the absolute sale and disposal thereof, or of any part thereof, with such clauses, covenants and agreements to be therein contained, as my said attorney shall think fit and expedient; Hereby ratifying and confirming all such lease or leases, deeds, conveyancés, bargains or sales, which shall at any time hereafter be sealed,delivered & executed by my said attorney, touching or concerning the premises, &c.

The conclusion of a purchase Deed, by virtue of the Power above.

IN WITNESS whereof the said C. D. for the said A. B.`by virtue of a letter of attorney to him made by the said A. B. bearing date the day of,&c. and recorded in the office of the Clerk of the county of &c. (where the land lies)` the tenor whereof followeth in these words that is to say, KNOW ALL, &c, (setting forth the whole letter of attorney at length) hath set the hand and seaf of the said A. B. to these presents, the day and year first above written.

A Letter of Attorney to deliver Seisin of Lands, &c.

KNOW all men by these presents, that I, A. E. of

have made, consti tited and appointed,and by these presents do make, constitute and appoint C. D. of and E. F. of or either of them, jointly or severally, my true and lawful attorney & attornies for me, and in my name, place & stead, to enter into, have and take full,quiet and peaceable possession and seisin of all situate which in and by one indenture, bearing date

and made or

mentioned to be made between me the said A. B. of the one part, and G. H. of of the other part, are granted, or mentioned to be granted by me unto the said G. H. his heirs and assigns, or into any parcel thereof, in the name of the whole; and after such entry so had and made, and possession and seisin so had and taken as aforesaid, to deliver quiet and peaceable possession and seisin of the said premises unto the said G. H. or to his attorney or attornies on that behalf lawfully authorised,to be held and enjoyed according to the tenor, form and effect of the said indenture above mentioned. And whatsoever my said attorney or attornies or either of them, shall lawfully do in the premises, I do hereby ratify, confirm and allow, as fully and effectually,as if I myself were present and did the same. In witness &c.

5

A letter of Attorney to receive seisin.

KNOW all men by these presents that I A. B. of

have made, constituted and appointed, and by these presents do make, constitute and appoint C. D. of my true and lawful attorney, for me & in my name,and in my place and stead, to take and receive of and from E. F of or of and from' his attorney or attorneys in that behalf lawfully authorised, full, quiet and peaceable possession and seisin of which in & by one indenture of bearing date &c. are granted or mentioned to be granted unto me the said A. B. and such possession & seisin thereof so had & taken, to hold and keep to the use of me, my heirs and assigns, according to the tenor and effect of the said indenture of &c. And whatsoever my said attorney shall lawfully do in the premises, I do hereby ratify, confirm and allow, as fully and effectually as if I myself were personally present and did the same. In witness, &c.

An irrevocable Letter of Attorny to receive Money due on Bond.

consti.

KNOW all men by these presents, that I A. B. of, have made, point

and G. H. of

C. D. of my true and lawful attorney irrevocable, for me and in my name, but to the sole use of him the said C. D. to ask, demand and receive of and from E. F. of the sum of due unto me, in and by' one bond or obligation, bearing date giving, and by these presents grant ing, to my said attorney, my full power and authority, in my name place and stead, to do all and every act and acts,thing and things, device and devices in the ław. whatsoever, for the recovery of the said debt, as fully to all intents and pur poses, as I myself might or could do: And upon receipt thereof, acpuittances or other discharges for me and in my name, to make, seal and execute: Hereby ratifying, confirming and allowing whatsoever my said attorney shall lawfully do, or cause to be done, in or about the premises. In witness, &c.

Letter of Attorney, from a Sailor to his Wife, to receive his wages and all other Debts.

A. B. appoint my lawful wife, M. C. my true and lawful attorney, for nie and in my name, and for my use, to ask, demand and receive of and from all and every person and persons whomsoever, as well all such sum and sums of money as now are, or which shall or may at any time hereafter become due and owing to me for wages from any ship or ships to which I now do or may be long; and also all other monies now due, or to become due and owing to me by any other ways or means whatsoever, and upon non-payment, &c.