of the award. And that if either pty shall in the first instance pay more than such half, the excess shall be paid to him by the other pty. of reference to be paid by each party. XXIII. I AWARD, &c., that one moiety of the costs of the Half costs reference and award shall be borne and paid by the sd A., and award and the other moiety by the sd B., and that if either pty shall in the first instance, &c., as in last clause. XXIV. I DIRECT the costs of the plaintiff of the sd reference Taxation or and of this my award to be taxed as between solor and client of costs. by A., of, &c., or, "one of the taxing-masters of the Division of the High Court of Justice," or, "I ASSESS the amount of the costs of the plaintiff of the sd reference at £, and of this my award at £." assessment Appoint ment by ATTORNEY, POWERS OF (a). CLAUSES (b). 1. I, A., of, &c., do hby appoint B., of, &c., my attorney one person [B., of, &c., C., of, &c., and D., of, &c., jointly and every two and every one of them severally my attorneys and attor of an attorney or attorneys. ney] in my name or on my behalf, to, &c. The same by several. 11. We, A., B., and C., of, &c., [carrying on business in Variation ptnship together as, under the style or firm of -] for a firm. do and each and every of us doth hby appoint D., of, &c., the attorney [D., of, &c., E., of, &c., and F., of, &c., jointly and every two and every one of them severally the attorneys and attorney] of us and of each and every of us [and our sd Powers of attorney as the Conv. (a) The Conv. Act, 1881, contains provisions (s. 40) enabling a married woman, whether an infant or not, to appoint an attorney to execute a deed affected by or do any other act which she herself might execute or do; (s. 46) authoAct, 1881. rising an attorney to execute any assurance or instrument in his own name instead of in the name of the principal; (s. 47) providing that no person shall be liable for making or doing any payment or act in pursuance of a power of attorney in good faith, after the principal has, unknown to him, died, or become lunatic or of unsound mind, or bankrupt, or revoked the power (an enactment which extends and is much more comprehensive than, and in fact appears entirely to supersede, the enactment in 22 & 23 Vic., c. 35, s. 26); and (s. 48) enabling a power of attorney, its execution being properly verified, to be deposited in the Central Office of the Supreme Court, and making office copies evidence (which will be specially useful where the power relates to real estate). Stamps. As to the stamp on a power of attorney, see the Stamp Act, 1870, Sched. tit., LETTER OR POWER OF ATTORNEY. (b) All these clauses are adapted to the case of a power of attorney expressed in the first person, which is the more usual form where there are no recitals. firm of -], in the names or name and on behalf of us and each and every of us [and our sd firm], to, &c. m. To receive from K., of, &c., the sum of £ [being To receive a sum of money. debts and the price agrd to be paid by him to me for the pchase of, &c.,] and all interest due or to become due for the same, and to give an effectual rect and discharge for the same. IV. To demand, sue for, enforce paymt of, and receive To receive and give effectual rects and discharges for all monies, secs personal for money, debts, legacies, goods, chattels, and personal estate este, of or to which I am now or may hereafter become possessed or entled, or which are or may become due, owing, payable, or transferable to me from any pson or psons whomsoever. generally. ceipts. v. To receive and sign and give effectual rects and dis- To give recharges for all and any monies which shall come to [their or] his hands by virtue of the powers herein contd, which rects, whether given in my name or in the [names or] name of the sd [attorneys or] attorney, shall exonerate the psons or pson paying such monies from seeing to the application thof, or being responsible for the loss or misapplication thof. and invest VI. UPON rect of any monies which shall be paid to the To deposit sd [attorneys or] attorney by virtue of the premes, to pay monies and or deposit the same in my name, or otherwise, with any vary inbanker, broker, or other agent, to draw out such monies vestments. from time to time, and to apply the same for any of the pposes afsd, or from time to time to invest the same at the discretion of the sd [attorneys or] attorney in or upon, investments, and from time to time to sell, vary, and dispose of such investmts, and to apply the pchase monies for any of the pposes afsd. a specified VII. In my name and as my act and deed to sign, seal, To execute and deliver a certain indre already prepared and engrossed, deed. or intd shortly to be engrossed, bearing or intd to bear date day of , on or about the VOL. I. N generally. leasehd hereds, situate at, &c., and known as, &c., to K., by way of mtge for securing the paymt of £ and interest." To execute VIII. To execute, sign, enter into, acknowledge, perfect, deeds, &c., and do all such [contracts, conveyances, leases, mtges, transfers, surrenders, releases, assurances,] deeds, agreemts, instruments, acts, and things, as shall be requisite, or as the sd [attorneys or] attorney may deem necessary or proper for or in relation to all or any of the pposes or matters afsd. To transfer land or other property abroad. IX. To sign, seal, execute, acknowledge, and deliver in the sd, foreign country or colony, according to the laws for the time being in force there, such deed or deeds, instrumt or instrumts and notarial act or acts as the sd [attorneys or] attorney shall deem requisite or expedient for conveying and transferring, or otherwise effectually and satisfactorily assuring to K., of, &c., or as he shall direct, short description of property, and also by the same or any other deed or deeds, notarial act or acts, instrumt or instrumts, to enter into such covenants or agreemts as are usual according to the laws afsd for a vendor to enter into, or may otherwise be reasbly required. And also to do and execute such further acts, matters, and things as the sd [attorneys or] attorney may deem expedient for recording, registering, or otherwise completing and giving validity to such deed or deeds, notarial act or acts, or instrumt or instrumts, according to the laws afsd. To acquire x. In my name and on my behalf, from time to time to lands, &c. pchase, take on lease, or otherwise acquire and hold all such houses, offices, buildings, lands, hereds, chattels, and effects in afsd as the sd attorney shall think necessary or expedient for or in relation to any of the pposes or objects afsd. To sell, &c., real and per sonal estate. XI. FROM time to time, if and when the sd attorney may think fit, to sell, exchange, surrender, give up, mtge, charge, pledge, demise, lease, or dispose of any houses, offices, buildings, lands or hereds of any tenure, or any chattels or effects [in afsd], belonging to or held by me, and to procure the enfranchisemt of any of the sd hereds, which may be of copyhd or customary tenure, and to grant enfranchisemts of any copyhd tenemts held of any manor belonging to me, and to transfer, release, or otherwise deal with any mtges, charges, or secs, whether upon real or personal ppty [in afsd], to which I may be entled, and also to execute or enforce any powers of sale or other rights, powers, or remedies incident to any such mtges, charges, or secs as afsd, or otherwise to realise and obtain the benefit thof in such mner as the sd attorney may think proper, and to assure or dispose of any estes which may be vested in me as a tree or mtgee. money on gage (a). XII. To borrow from time to time such sums of money To raise and upon such terms as the sd attorney may think expedient mortfor or in relation to any of the pposes or objects afsd, upon the secy of any of my ppty, whether real or personal, or otherwise, and for such pposes to give and execute such mtges, charges, or other secs, and with such powers and provons as he may think proper. XIII. To manage or superintend the management of all To manage the estes and hereds of whatever tenure of or to which I am property. or shall become seised, possessed or entitled, and to cut timber or underwood, and work quarries, mines, and minerals (whether now open or in working or not), upon any of the sd estes and hereds, and to erect, pull down, and repair houses or other buildings, fences, and erections, and to drain, make roads on, or otherwise improve any of the premises, and to dedicate such roads when made to the public, and to insure houses and other ppty against loss or damage by fire. into agreements with XIV. To enter into agreemts for yearly, monthly, or To enter weekly tenancies, to take effect in possion, or within three calendar months from the date thof, of all or any of my real tenants, or leasehd ppty situate in the parish of and to col and county lect rents (a) See also the full powers of mortgaging and dealing with mortgages in Precedent IX., p. 191. with ancillary powers. |