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borrow such sum or sums of money, not exceeding in the To borrow. whole the sum of £, and at such rate of interest not

exceeding £ per cent. per annum, for such period and on such terms in other respects as our sd attorneys or attorney may think fit, AND To secure the repaymt thof Mortgage. with interest by a mtge of, short description of parcels, and the crops, produce, live and dead stock, utensils, machinery, plant, effects, and ppty now or at any time hereafter in upon or belonging to the sd plantation and premes or any pt or pts thof resply, and for the pposes afsd, to give receipts, p. 177: AND FURTHER for the pposes afsd, to execute assurance of land, crops, &c., p. 178, to the pson or psons advancing such sum or sums of money, or as he or they shall direct, by way of secy as afsd, with such covenants as Enter into may be usual according to the laws in force in afsd for covenants.

mtgors to enter into, or may be reasbly required, including covenants for repaymt of the sum or sums of money to be advanced as afsd and the interest for the same, and such powers of sale and other powers and provons in favour of the mtgee or mtgees as our sd attorneys or attorney may deem necessary or expedient, AND To execute and do all such Execute other instrumts, acts, and things as may be thought proper for the effectuating and perfecting any such mtge or secy as afsd, or otherwise in relation to the premes. Ratification, p. 182.

IN WITNESS, &c. (a)

deeds.

for use abroad.

(a) It would usually be sufficient for the execution of a power to be used Execution in the Colonies to be attested by two witnesses, one of whom should depose of powers before a mayor having a corporate seal, or a notary public having general jurisdiction, to the execution thereof in the presence of himself and the other witness; but in the case of foreign countries, and also, it is believed, in some of the Colonies, special formalities may be desirable, if not necessary, for authenticating the power; as to which information may be obtained from a notary public, or in the case of a foreign country from the consulate. For a form of such a declaration, and the verification thereof, see DECLARATIONS,

To settle

with superior landlord.

Insure.

V.

TO LET and MANAGE House Property.

KNOW, &c., appointment of attorney, p. 176, to enter into agreements for yearly tenancies and to collect rents with ancillary powers, p. 179, AND ALSO for me, and in my name, to settle all accounts between me and my superior landlords, or any of them, and to pay all such sums of money as shall from to time to time be due from me to them or any of them: AND TO effect insurances against loss or damage by fire of all or any houses, buildings, or insurable ppty on my sd este and ppty, and to pay the premiums and monies payable for effecting and keeping up such insurances: to take and defend legal proceedings, p. 180: to arrange and compromise, p. 180: ratification, p. 182.

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BY LEGATEE ABROAD to persons in ENGLAND to receive a LEGACY AND SHARE OF RESIDUE.

TO ALL TO WHOM these presents shall come, A., of, &c., sends greeting, recite will of K., giving a legacy of £- — and share of residue to A., and appointing L. and

M. executors; death and probate: NOW KNOW YE, apTo obtain pointment of B. and C., attorneys, p. 176, to demand, sue for, payment. and recover of and from the sd L. and M., as such exs as afsd, or either of them, or other the pson or psons by whom the same may be payable, the afsd legacy of £so bequeathed to the sd A. as afsd, and also the share of

be

ings.

the residuary este of the sd K., to which he, the sd A., is entled as afsd: AND TO give effectual rects and discharges Give for the same resply, and to execute such reles as may receipts. reasbly required in relation thto: AND ALSO in the name Give and on behalf of the sd A., if the sd attorneys or attorney indemnity. shall be required and think proper so to do, to execute any bond or covenant for the repaymt of the sd legacy and share of residue, or either of them, or of a due proportion thof resply, in case the este and effects of the sd K. shall, subsequently to the paymt thof resply, prove insufficient for paymt of the debts of the said K. and the legacies bequeathed by his will: AND ALSO, if it shall seem expedient Take legal so to do, to take and prosecute any legal proceedings for proceedrecovering paymt of the sd legacy or share of residue, or for the administration of the este of the sd K., or otherwise in relation to the premes: AND ALSO, if deemed neces- Take out sary, for and in the name of the sd A., to apply for and administraobtain letters of administration to the este and effects tion. of the sd K., and to execute and do all such instrumts and acts as may be necessary or proper in that behalf, or otherwise in relation to the premes: AND UPON obtaining such letters of administration, for and in the name of the sd A., ter. to do and execute all such acts, matters, and things as shall be necessary or requisite in or about the getting in and administering the este and effects of the sd K. To arrange and compromise, p. 180: To act generally, p. 181: To appoint substitutes, p. 181: Ratification, p. 182: [Proviso, keeping alive powers given for other purposes, p. 181.] IN WITNESS, &c. (a)

(a) For affidavit verifying execution and verification, see DECLARATIONS.

letters of

Adminis

To take out letters

tration.

Execute

bond.

VII.

TO take out ADMINISTRATION with WILL ANNEXED in
INDIA (a).

TO ALL, &c., Recite will of K., appointing A. and B. executors, and devising mortgage estates to them: Death and probate in England by A. and B.: NOW, &c., appointment by A. and B. of C., D., and E., attorneys or attorney, p. 176, to apply for and obtain from the proper of adminis- court or courts, office or offices in India, letters of administration with the sd will annexed, limited to the moveable and immoveable ppty of the said testor there situate or recoverable, or otherwise to procure themselves or himself to be constituted, either as the attorneys or attorney of the sd A. and B. or otherwise, the ads or admor of the sd ppty, or the legal representatives or representative of the sd testor in India: AND FOR this ppose, as the act and deed of the sd A. and B., to execute and deliver such bond, covenant, recognizance, or other obligation as may be required upon the grant of such letters of administration or otherwise, and also to receive debts and personal estate, " moveable and immoveable ppty which now, or at any time hereafter, may belong to, or form part of the este of the said K.," p. 177: AND ALSO to take and retain possion or receive the rents and profits of any ppty in India which shall become vested in the sd A. and B., or the sd C., D., and E., or any or either of them, by virtue of such devise and grant of letters of administration as afsd, or either of them, and to exercise all such powers in relation to such ppty as may be vested in the sd A. and B.: AND UPON paymt of the monies secured to the este of the sd K., to execute such reconveyances or reles of mtge estes as may be required, Pay debts. and to pay all debts due from the este of the sd testor to

Receive rents.

Execute

reconvey. ances.

(a) See the Indian Succession Act, 1865, s. 242, and Act XIII., of 1875.

any pson resident in India: general power to give receipts, p. 177: to arrange and compromise, p. 180, omitting the words after the word "arise:" to compound with and make allowances to debtors, p. 180: to take and defend legal proceedings, p. 180: to execute deeds, &c., generally, p. 178: to appoint substitutes, p. 181: to act generally, "as the sd A. and B., as such exs and devisees as afsd, could do," p. 181 ratification, p. 182: to register the power in India, p. 182.

IN WITNESS, &c. (a)

VIII.

TO COMPLETE a PURCHASE (a paragraph form).

TO ALL, &c., A., of, &c., purchaser, sends greeting: WHAS the sd A. has lately contracted to pchase certain Recitals. and hereds in the parish of, and county of, known as the este, but the sd pchase has not yet been completed: AND WHAS the sd A. is about to go abroad: NOW KNOW YE that he, the sd A., appointment of B. as attorney, p. 176, to do or execute all or any of the acts, matters, and things hinafter mentd, that is to say:

1. To MAKE or take such requisitions or objections as to To make the title or evidence of title to the sd este and premes, or requisiotherwise in relation thto, as the sd attorney shall think fit.

tions.

requisi

2. TO INSIST Upon any such requisition or objection, or to Insist on or withdraw or abandon the same wholly or partially, and withdraw either absolutely or upon the terms of receiving an indem- tions. nity or compensation or otherwise, as the sd attorney shall think fit.

(a) See note to Precedent IV., p. 185. The practice is to execute in the presence of a notary.

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