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modifica

tions.

to hold

tions.

estes, trusts, powers, and provons, by and in the sd indre of settlemt limited, expd, decld, and contd of and concerning ALL and singular the sd estes, hereds, monies, stocks, funds, secs, and premes in the sd indre comprd, or which are now by any means subjt to the subsisting uses or trusts of the But only to same indre, or any of such uses or trusts, but so far only extent of and to such extent and in such mner and form only as is or shall be necessary to give effect to the modifications intd to be hby effected in such uses, estes, trusts, powers, and provons as afsd, or any of them, as hinafter appears, and to let in and give effect to such new, additional, or other uses, &c., as are hinafter limited, expd, decld, or contd, of or concerning the sd respive premes or any of them, or any pt thof Settlement resply, and not further or otherwise, and so that subjt to good sub- such modifications and to the introduction of such new or ject to additional uses, &c., as afsd, the sd indre of settlemt and modificathe uses, &c., by and in the same limited, &c., of and concerning the sd respive premes, shall remain in force and unaffected by these presents, and that from and after the execution of these presents, the sd indre of settlemt shall, as far as may be, operate and take effect in the same mner as if the modifications intd to be hby effected and the new, additional, or other uses, &c., hinafter limited, &c., as afsd, and the covenants and agreemts hinafter contd had been originally contd and incorporated in the sd indre of settlemt: AND THIS INDRE FURTHER WITNETH that, for effectuating the objects afsd, and for the consons hinbefore mentd, the sd A. and B. do and each of them doth, in exercise and psuance of the sd power for this ppose given or reserved to them by the sd indre of settlemt as afsd and of every, &c., hby limit, appoint, and direct, that ALL and singular the sd estes, hereds, monies, stocks, funds, secs, and premes in the sd indre of settlemt comprd, or which are now by any means subjt to the subsisting uses or trusts of the same indre, or any of such uses or trusts, shall, from and after the execution of these presents by the sd A. and B., go, remain, and be held and applied to, upon, for, and

New ap

pointment.

subjt to such uses, trusts, powers, and provons as are hinafter limited, &c., of and concerning the same premes resply, by way of modification of or addition to the uses, estes, trusts, powers, and provons by and in the sd indre of settlemt limited, &c., of and concerning the same resply (that is to say), IT is hby agrd and decld, &c., declarations and agreements and covenants, &c., effecting modifications in settlement. AND the Confirmasd A. and B. do and each of them doth hby confirm the power of revocation in the sd indre of settlemt contd, And revocation. so that such power of revocation shall extend to the appointmt and provons herein contd in the same mner as if the same had been herein repeated with reference thereto. IN WITNESS, &c. (a)

tion of

power of

XV.

DEED POLL by the DONEE of a GENERAL POWER of APPOINTMENT exerciseable by DEED only, to enable him to exercise it by WILL.

TO ALL, &c., A., of, &c., sends greeting. WHAS under Recitals. and by virtue of an indre dated, &c., and expd, &c., divers Settlement. estes and hereds situate, &c., stand limited and settled, (subjt to certain charges and incumbrances affecting the same or some pts thof,) To such uses, upon such trusts and subjt to such powers and provons as the sd A. shall by any deed or deeds, revocable or irrevocable, direct or appoint, and in default of such appointmt To the uses in the sd indre of settlemt expd: AND WHAS the sd A. is desirous of Desire to availing himself of the power of appointmt given to him by the sd indre of settlemt as afsd, for the ppose of enabling him by will or codicil to charge the sd settled estes or any of them in mner hinafter mentd: NOW THESE PRE- Appoint

(a) Notice of this deed should be given to the trustees of the personalty, and see note, p. 97.

appoint.

ment en

abling appointor

to charge

the settled

estates by will.

SENTS WITNESS that in exercise of the power given to the sd A. by the sd indre of settlemt as afsd and of every, &c., he, the sd A., doth hby appoint that it shall be lawful for him, the sd A., by his will or any codicil thto to charge all or any of the estes, lands, tenements, and hereds comprd in the sd indre of settlemt, or which by any means are or shall be subjt at law or in equity to the subsisting uses or trusts thof, with such annual and gross sums and other monies (whether in the way of principal or interest), as he, the sd A., shall think fit, and for the ppose of raising or securing such annual or gross sums or other monies or any of them, or in relation thto, to limit, create, declare or make any powers, estes, terms, trusts or provons whatsoever.

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Appointment.

XVI.

APPOINTMENT by deed of a GUARDIAN by a FATHER (a), for his infant Son and DAUGHTER, after his decease.

KNOW ALL MEN BY THESE PRESENTS, that I, A., of, &c., hby appoint B., of, &c., to be the guardian of my son, R., and daughter, S., or, "hby dispose of the custody and tuition of my son, R., and daughter, S., to B., of, &c.," from and after my decease during the minority of my sd son Substitu- and daughter resply: BUT in case the sd B. shall die before me, or before my sd son and daughter or either of them shall attain the age of 21 years, then I appoint C., of, &c., to be their respive guardian after my decease and the decease of the sd B., during their respive minority.

tion.

IN WITNESS, &c.

(a) An infant father, though now incapacitated from making a will, can appoint guardians by deed, 12 C. 2, c. 24, s. 8; but not of his illegitimate

XVII.

APPOINTMENT under seal of a GUARDIAN by an

INFANT (a).

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KNOW, &c., that I, A., an infant of the age of years, Appoint eldest son of B., late of, &c., deceased, hby elect and appointment. my uncle C., of, &c., to be guardian of my pson and este until I shall attain the age of 21 years.

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APPOINTMENT of a GAMEKEEPER by a LORD of a
MANOR (b).

ment.

KNOW, &c., that I, A., of, &c., lord of the manor of , Appoint in the county of do hby (by virtue of the statute in that behalf) appoint and depute B., of, &c., to be my gamekeeper within the sd manor during my pleasure, and to preserve the game within the limits of the sd manor: AND I hby Power to give him full power and authority [to kill the game within the and seize limits of the sd manor for my use, or, " for his own use, or for engines, &c. the use other pson or psons whomsoever." And also]

of any

children, Sleeman v. Wilson, L. R. 13 Eq. 36. The execution should be
attested by two witnesses, but query, see Morgan v. Hatchell, 19 Beav. 86.
(a) See Simpson on Infants, p. 195.

(b) See 1 & 2 Will. 4, c. 32, ss. 13, 14, 16, and as to Wales, s. 15; the ap-
pointment must be registered with the Clerk of the Peace for the county or
place within which the manor is situate (s. 16). As to game licences, see
23 & 24 Vic., c. 90; as to licences to carry a gun, see 33 & 34 Vic., c. 57, ss.
1-5. As to the right of an occupier to kill ground game, see The Ground
Game Act, 1880, 43 & 44 Vic., c. 47.

kill game

to seize and take within the sd limits for my use, or, "for his own use, &c.," all such dogs, nets, and other engines and instrumts for the killing and taking of game as shall be used upon the sd lands by any pson not authorised to kill game for want of a game licence. And further to do and execute all acts and things which may be requisite for the preservation of the game within the sd manor, and for the discovery of offenders therein, according to the laws of this realm, and for which this shall be his sufficient warrant.

IN WITNESS, &c.

ment.

XIX.

APPOINTMENT of a PARISII CLERK (a).

KNOW, &c., that I, the Rev. A., vicar, or, "rector" of the parish church of, in the county of, do hby Appoint nominate and appoint B., of, &c., to be parish clerk of the sd parish church [in the room of C., deceased], to have and execute the sd office by himself, [his deputy or deputies] during the term of his life, and during the same time to receive and take all such wages, fines, fees, dues, profits, and emoluments as belong, and are, and shall be due to the sd office, and of right ought to belong to the same in as full and ample a manner as [the sd C. or] any of his predecessors, clerks of the sd parish church, have had or ought to have had as due and of right accustomed.

Fees.

IN WITNESS, &c.

(a) As to Parish Clerks, see Stephen's Comm., 8th ed., vol. ii., p. 702. A mandamus lies to a rector to appoint a parish clerk, Rex v. St. Anne's, Soho, 3 Burr. 1877; and to restore a parish clerk, but not a deputy parish clerk, to his office, Rex v. Warren, Cowp. 370, Anon., Lofft 434. It is therefore not unusual for an incumbent to appoint some friend as parish clerk, and for the latter to appoint a deputy, who performs the duties of the office and who can be removed at any time.

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