Ratifica

tion clause.

To register

power abroad.

Power to be irrevo

cable (a).

to the mres afsd or any of them, then I hby appt, substitute, of, &c., to act as my atty in the stead of the sd atty, after his death or durg such inability or unwillgness, & in the latter case either permanently or from time to time. durg the subsistce of any such inability or unwillgness (as the case may be), unless & until these psnts shl be revoked or orwise determined, in like mner as if the name of the sd, substitute, had been inserted in these psnts instead of the name of the sd atty.

XXVII. AND I hby for myself, my hrs, exs, & ads, ratify & confirm, & agree to ratify & confirm whatsr my sd [attys or] atty [or any substitute or substitutes actg under [them or] him] shl do or purport to do by virtue of these psnts, if the atty is to act in a distant country, add, "includg in such confirmon, whatsr shl be done betn the time of my death or the revocon by any other means of this power of atty & the time of such death or revocon becomg known to my sd [attys or] atty or [their or] his substitute or substitutes."

XXVIII. AND I hby authorise & empower the sd [attys or] atty to acknowe in my name, and as my act & deed, this power of atty, & to register & record the same in the pper office in the sd colony, & to procure to be done any & every other act & thing whatsr, wch may be in anywise requisite or pper for authenticatg & givg full effect to this power of atty, accdg to the laws & usages of the sd colony.

XXIX. AND I hby declare that this power of atty shl remain in force & be irrevocable for calr months from the date hrof.

(a) See the Conv. Act, 1882, ss. 8, 9, above, p. 180, note.

PRECEDENTS.

I.

TO EXECUTE CONVEYANCE to PURCHASER, and receive
Purchase-money (b).

KNOW ALL MEN by these psnts, that I, A., of, &c., apptmt of atty, p. 179: to rece the pchase-moy, & give rects for the same, p. 180: to exte the convce, p. 184: ratificon, p. 186: [Power to be irrevocable, p. 186]. IN WITS, &c. (c).

II.

TO SURRENDER COPYHOLDS to use of Purchaser or

Mortgagee (d).

in the coy of

KNOW ALL MEN, &c., apptmt of B. as atty, p. 179, to To surappear at the next or any subsequent Ct to be holden for the render. manor of or bfe the lord or lords, lady or ladies, or steward or deputy-steward of the sd manor, out of Ct, & then & there to surrender into the hands of the sd lord or lords, lady or ladies, eir psonally or by the hands & acceptce of the sd steward or deputy-steward by the rod, accdg to the custom of the sd manor, ALL THAT, peels, with the appurts thof, TO THE USE of K., of, &c., his hrs & assns, accdg to the

(b) It is commonly said that a power of attorney must be by deed; see 1 Dav. Prec., p. 387, note, referring to Salk. 9 (query 96); but a deed is certainly not necessary in all cases (e.g., a mere authority to receive and give a receipt for money), though it presumably is so if the transaction involves the execution of a deed, or the signing of any other document in the name of the principal.

Deed when

necessary.

(c) It is in some cases necessary (e.g., to meet the requirements of the AttestaBank of England, and many other public bodies), and in all cases desirable, tion. that the execution of a power of attorney should be attested by two

witnesses.

(d) That a surrender by attorney is generally valid, see Combe's case, 9 Rep. 75A; but a purchaser is not bound to accept a surrender by attorney; Mitchel v. Neale, 2 Ves. Sen. 679.

Subject to redemption.

on

custom of the sd manor, [subjt to a condon for makg void the
sd surrender, if I, the sd A., my hrs, exs, ads, or assns shl,
the day of
-, pay to the sd K., his exs, ads, or assns,
with intt thron in the meantime at the

To execute the sum of £further

assurance.

rate of £ p.c. p.a.]: AND to exte & do all such further assurces & things as shl be necy or pper for procurg the sd K., his hrs or assns, to be admitted tenant or tenants of the sd premes. Ratificon, p. 186. IN WITS, &c.

To take admittance.

III.

TO obtain ADMITTANCE to COPYHOLDS (a).

KNOW, &c., apptmt of B., as atty, p. 179, to appear, &c., as in last precedent, & to take admittce of & from the sd lord or lords, lady or ladies, steward or deputy-steward of the sd manor by the rod, accdg to the custom of the sd manor, to ALL THAT, Subject to peels, TO THE USE of me, the sd A., my hrs & assns, [subjt to such rt or equity of redmon as shl be subsistg thrin by virtue of a condonal surrender of the sd

equity of redemp

tion.

hds & premes dated the

day of]. Ratificon, p. 186.

IN WITS, &c.

IV.

BY a FIRM of TRADERS to raise MONEY on MORTGAGE of a
Plantation in the Colonies.

KNOW ALL MEN, &c., that we, &c., apptmt of attys, p. 179, To borrow. for & on behalf of us & our sd firm to borrow such sum or sums of moy, not exceedg in the whole the sum of such rate of intt not exceedg £p.c. p.a., for such period & on such terms in other respts as our sd attys or atty may

Mortgage. fit, AND TO secure the repaymt thof with intt by

& at

think mtge of,

short description of peels, & the crops, produce, live & dead stk, utensils, machy, plant, effects, & ppty now or at any time

(a) Admittance may be taken by attorney, see the Copyhold Act, 1894, s. 84 (2); and as to enfranchisement, see s. 48.

Enter into

covenants.

hrafter in upon or belonging to the sd planton & premes or any pt or pts thof resply, & for the pposes afsd, to give rects, p. 180: AND FURTHER for the pposes afsd, to exte assurce of land, crops, &c., p. 184, to the pson or psons advancg such sum or sums of moy, or as he or they shl direct, by way of secy as afsd, with such covts as may be usual accdg to the laws in force in afsd for mtgors to enter into, or may be reasbly required, includg covts for repaymt of the sum or sums of moy to be advced as afsd & the intt for the same, & such powers of sale & other powers and provons in favour of the mtgee or mtgees as our sd attys or atty may deem necy or expedient, AND To exte Execute & do all such other instrumts, acts, & things as may be thought deeds. pper for effectuatg & perfectg any such mtge or secy as afsd, or orwise in relon to the premes. Ratificon, p. 186. [Power to be irrevocable, p. 186, (b)]. [To register power abroad, p. 186.] IN WITS, &c. (c).

V.

TO LET and MANAGE House Property.

KNOW, &c., apptmt of atty, p. 179: to enter into agrmts for yrly tenancies & to collect rents with ancillary powers, p. 182:

"And

(b) Where the power is to be exercised in New South Wales, say, I hby declare that this power of atty shl remain in force until notice of my death or of my having revoked the same shl have been reced by my sd [attys or] atty." See 17 Vic. No. 22 of New South Wales. In Victoria any act done by an attorney is valid until the death of the constituent or the revocation of the power is registered; see Victoria Statutes, 54 Vic. 1103.

abroad.

(c) It would usually be sufficient for the execution of a power to be Execution used in the Colonies to be attested by two witnesses, one of whom should of powers depose before a mayor having a corporate seal, or a notary public having for use 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 the Colonial agents or 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. As to India, see 1 Dav. Prec. 403, note; as to the execution of powers in Germany, see 31 Sol. J. 248.

To settle with superior landlord.

Insure.

AND ALSO for me & in my name, to settle all accts betn me & my superior landlords, or any of them, & to pay all such sums of moy as shl from time to time be due from me to them or any of them: AND TO effect insces agst loss or damage by fire of all or any houses, bldgs, or insurable ppty on my sd este & premes, & to pay the premiums & moys payable for effectg & keepg up such insces: to take & defend legal pcdgs, p. 183: to arrange & compromise, p. 183: ratificon, p. 186. [Power to be irrevocable, p. 186.] IN WITS, &c.

To obtain payment.

Give receipts.

Give

indemnity.

Foreign powers.

VI.

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

TO ALL TO WHOM these psnts shl come, A., of, &c., sends greetg. Recite will of K., givg a legacy of £ & share of residue to A., & apptg L. & M. exs; death & probate: NOW THESE PSNTS WITS, &c., apptmt of B. & C. attys, p. 179, to demand, sue for, & recover of & from the sd L. & M., as such exs as afsd, or eir of them, or other the pson or psons by whom the same may be payable, the afsd legacy of £ so bequed to the sd A. as afsd, & also the share of the residuary este of the sd K., to wch he, the sd A., is entled as afsd: AND To give effectual rects & dischges for the same resply, & to exte such reles as may be reasbly required in relon thto: AND ALSO in the name & on behalf of the sd A., if the sd attys or atty shl be required & think pper so to do, to exte any bond or covt for the repaymt of the sd legacy & share of residue, or eir of them, or of a due proportion thof resply, in case the este & effects of

(a) Under a foreign power of attorney, even if in a foreign language and in foreign form, which is intended to be acted on in England, the extent of the authority, so far as transactions in England are concerned, must be determined by English law; Chatenay v. Brazilian, &c., Co., [1891] 1 Q. B. 79. It is sometimes necessary, and generally (if the case admits) expedient, that a power which is to be used in a country where different laws prevail (and especially if the language is different), should be according to the forms in use in that country; as to the authentication of such a power, see note, last page.