Page images
PDF
EPUB

Arrange

for com

3. IN CASE any error, misstatement, or omission in the pensation. parlars or description of the premes shall be discovered, to make such arrangemts as to receiving or allowing compensation as the sd attorney shall deem proper.

Rescind

contract or

proceed

ings.

4. IN THE event of the sd attorney taking or making any take legal objection or requisition in respect of the title or otherwise which the vendor shall neglect or refuse to remove or comply with, or in the event of any default on the pt of the vendor in specifically performing the sd contract, then and in any such case, if the sd attorney shall so think fit, either to rescind the contract and to demand the return of and sue for and recover and give a rect for the deposit of £paid by him, the sd A., upon the execution of the sd contract, or to take legal proceedings for determining the validity of any such requisition or objection as afsd, or för recovering damages in respect of such default as afsd, or for enforcing specific performance of the contract or otherwise in relation thto as circes may require or the sd attorney may think fit.

Defend

legal proceedings.

Arbitration.

Convey.

ance and

completion.

5. TO DEFEND any legal proceedings which may be taken by the vendor to recover damages against the sd A. for alleged non-performance of the sd contract, or to determine the validity of any such objection or requisition as afsd, or to enforce the specific performance of the sd contract by the sd A., or otherwise in relation to the premes.

6. TO SUBMIT to arbitration, compromise, or abandon any such proceedings which may be taken by or against the sd A. as afsd, or any question or dispute in relation to the

premes.

7. TO ACCEPT and take a proper assurance or assurances from the vendor and all other necessary pties of the sdand hereds, either to the use of the sd A., his hrs and assigns, or otherwise: AND to accept, execute, or enter into and do, in the name or on behalf of the sd A., any assurances, deeds, covenants, instrumts, and things which may be deemed necessary to or proper for completing the sd pchase, or in relation thto.

8. To appoint substitutes, p. 181. 9. Substitution of another attorney on death, &c., of B., p. 181. 10. Ratification, p. 182.

IN WITNESS, &c.

IX.

GENERAL POWER to manage PROPERTY in ENGLAND, with full powers of dealing with MORTGAGES.

mortgage.

KNOW ALL MEN, &c., appointment of B. as attorney, p. 176, to manage property, p. 179: to enter into agreements with tenants, &c., p. 179: to sell, &c., p. 178: AND ALSO Power to to mtge or charge all or any pt or pts of my ppty, whether real or personal, for the ppose of raising any sum or sums of money, which the said attorney may think fit, for discharging or reducing all or any of the charges and incumbrances thereon, or any charges or incumbrances which may have been created under the present power, and which shall for the time being be subsisting, or any pt or pts thof resply, or for the ppose of consolidating any such charges or incumbrances, or by way of secy for any such mtge debt or debts, either in addition to or in substitution, wholly or in pt, for any then subsisting secy or secs for the same, or for otherwise effectuating any of the pposes of these presents; And to make any such mtge as afsd, with such powers and provons as he shall think proper: AND TO To concur concur in or consent to the transfer of any mtges, charges, of mortor secs affecting all or any pt or pts of my ppty, whether gages. real or personal, to any pson or psons, whether as pt of an arrangemt for the consolidation of any such mtges, charges, or secs, or otherwise: AND TO consent to or allow tion in the rate of interest upon any such mtges or charges, dealing

any altera

in transfers

General

powers of

with mortgages

or the terms of repaymt or redemption, and to allow any arrears of interest upon such mtges or charges to be capitalized and carry interest, and to authorise the rele of any of the secs for any mtge debt or debts; And to insert in any deed or instrumt for effecting any such transfer or consolidation or other arrangemt as afsd, such powers or provons by way of further secy to the transferee or transferees, or mtgee or mtgees, or otherwise as may be deemed proper, and generally to enter into or concur in such arrangemts in relation to the incumbrances for the time being affecting my ppty, whether real or personal, or otherwise to deal with such incumbrances, in such manner and with the like powers, authorities, and discretions in all respects as the sd attorney might have done if he were absolutely entitled to the sd premes. To arrange and compromise, p. 180: to compound with and make allowances to debtors, p. 180: to take and defend legal proceedings, p. 180 to concur with co-owners, p. 181: to give receipts, p. 177 to deposit and invest monies, p. 177: to vote at meetings, p. 181: [AND ALSO to apply such pt of my net annual establish- income as may from time to time be considered necessary or proper for the expenses of the establishmt at my residence at, and the maintenance of my family and the members of my household, or otherwise to incur such expenditure in that behalf as may be deemed proper, and so that as to the extent and scope of such expenditure my sd attorney shall have the fullest discretion and freedom from responsibility, and his authority in this behalf shall not be revoked or in any mner affected by the happening of any event other than my death or the express revocation by me of this power by writing notified to him (a)]: To execute

Keep up

ment.

Lunacy of (a) The clause in brackets is intended to meet the case where the head of principal. a family may probably become temporarily incapacitated from attending to business. As to dealings under a power of attorney in case of the lunacy or incapacity of the principal, see Drew v. Nunn, 4 Q. B. D. 661, 23 S. J. 794, 815; and the Conv. Act, 1881, s. 47; above, p. 175, note.

deeds, p. 178: power to act generally, p. 181: to employ agents, p. 181: to appoint substitutes, p. 181: substitution of another attorney on death, &c., of B., p. 181: ratification, p. 182.

[merged small][ocr errors]

GENERAL POWER of Attorney to MANAGER of
BANK in COLONY.

TO ALL TO WHOM, &c., the Bank of sends greeting: WHAS the sd Bank has appointed A., of, &c., colonial Recital. manager of the sd Bank in the colony or province of

[ocr errors]

ment of

and is desirous of investing the sd A. with the powers and authorities hinafter mentd. NOW THEREFORE THESE AppointPRESENTS, &c., appointment of A. as attorney of the attorney. Bank, p. 176, in the sd colony of for and in the name

and on behalf of the sd Bank, to have and execute all and singular the powers and authorities hinafter mentd (that is

to say),

tend busi

ness.

1. TO DIRECT and superintend the business and affairs of To superinthe sd Bank in the sd colony, and all branches and agencies of the sd Bank, which are or shall hereafter be opened or established in the sd colony.

branches.

2. TO VISIT all branches and agencies of the sd Bank, and Inspect to inspect and examine, and, if the sd attorney shall think proper, to take temporary or permanent possion, as the case

(b) A precedent for the management of property in the Colonies can readily be adapted from this; the variations will depend upon the usual course of business in the Colony; the power to register, p. 182, should be added. As to the mode of authenticating powers to be acted upon in the Colonies, see p. 185, note.

VOL. I.

may be, of the cash and secs for the time being at any such branch or agency as afsd, and all the books, accounts, deeds, papers, and vouchers relating to the transactions thof, and generally to inform himself of all matters and things in any way connected with the operations and dealings of such branches and agencies as afsd; and the sd Bank doth hby direct and require the respive managers, accountants, clerks, and all other officers of or attached to such branches and agencies as afsd, to communicate to the sd attorney all such information as he may think proper to require, and to lay open to him all the accounts, vouchers, deeds, letters, and papers whatsoever, in their possion or power, relating to any of the dealings of such branches and agencies resply, and to deliver to the sd attorney upon his demand all such books, accounts, vouchers, deeds, letters, and papers as afsd, and also all cash, bills, notes, and secs in their or his custody or power, belonging to the sd Bank.

Give orders 3. TO GIVE Such orders and directions in regard to the as to branches. conduct or managemt of such branches and agencies as afsd, as to the sd attorney shall seem expedient.

Suspend servants.

Revoke powers of servants.

Appoint

new servants.

4. TO SUPERSEDE or suspend any such manager, accountant, clerk, or officer as afsd, for such cause or reason as the sd attorney may in his sole discretion think sufficient, with or without assigning any cause or reason, and either absolutely or for such time as he may think proper.

5. TO REVOKE or make void, suspend or vary all and every or any the powers and authorities which have been or may hereafter be given to or vested in any of the managers or other officers of such branches and agencies as afsd, by or on behalf of the sd Bank.

6. TO APPOINT any new manager or managers, accountant or accountants, clerk or clerks, or other officer or officers as the sd attorney may think necessary or proper, either in the place or stead of any manager, accountant, or officer who may have been superseded or suspended as afsd, or in addition to the then existing staff or otherwise, and at such rate of remuneration and upon such terms as

« EelmineJätka »