Take legal

proceed

letters of

the sd K. shl subseqtly to the paymt thof resply, prove insufft for paymt of the debts of the sd K. & the legacies bequed by his will: AND ALSO, if it shl seem expedient so to do, to take & prosecute any legal pedgs for recoverg paymt of the sd legacy g or share of residue, or for the admon of the este of the sd K., or orwise in relon to the premes: AND ALSO, if deemed necy, Take out for & in the name of the sd A. to apply for & obtain Ires of adminisadmon to the este & effects of the sd K., & to exte & do all tration. such instrumts & acts as may be necy or pper in that behalf, or orwise in relon to the premes; AND UPON obtaing such lres Adminis of admon, for & in the name of the sd A., to do & exte all such acts & things as shl be necy or requisite in or about the gettg in & administerg the este & effects of the sd K. To arrange & compromise, p. 183. To act genlly, p. 185. To appt substitute, p. 185. Ratificon, p. 186. [Provo, keepg alive powers given for other pposes, p. 185.] [Power to be irrevocable, p. 186.] IN WITS, &c. (b).

ter.

VII.

TO take out ADMINISTRATION with WILL ANNEXED in

INDIA (c).

TO ALL, &c., Recite will of K., apptg A. & B. exs, & devisg mtge estes to them: Death & probate in England by A. & B.: NOW, &c., apptmt by A. & B. of C., D., & E., attys or atty, p. 179, to apply for & obtain from the pper Ct or Cts, office or offices in India, Ires of admon with the sd will annexed, limd to the movable & immovable ppty of the sd testor there situate or recoverable, or orwise to procure themselves or himself to be constituted, eir as the attys or atty of the sd A. & B. or orwise, the ads or ad of the sd ppty, or the legal repves or

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

(c) See the Indian Succession Act, 1865, s. 242, Act XIII., of 1875, Act II., of 1877, and Act VI., of 1881; and see further as to India, 1 Dav. Prec. 403, note.

(d) That the same purpose may be effected by a more general power to appear in any court, &c., see Re Barker, [1891] P. 251, ante, p. 183.

To take

cut letters

of adminis

tration (d).

Execute bond.

Receive rents.

repve of the sd testor in India: AND FOR this ppose, as the act & deed of the sd A. & B., to exte & deliver such bond, covt, recognizance, or other obligon as may be required upon the grant of such lres of admon or orwise, & also to rece debts & psonal este, "movable & immovable ppty wch now, or at any time hrafter, may belong to, or form pt of the este of the sd K.," p. 180: AND ALSO to take & retain posson or rece the rents & profits of any ppty in India wch shl become vested in the sd A. & B., or the sd C., D., & E., or any or eir of them, by virtue of such devise & grant of Ires of admon as afsd, or eir of them, & to exercise all such powers in relon to such ppty as may be vested in the sd A. & B.: AND UPON paymt of the moys secd to the este of the sd K., to exte such reconvces or Pay debts. reles of mtge estes as may be required, & to pay all debts due from the este of the sd testor to any pson resident in India: genl power to give rects, p. 180: to arrange & compromise, p. 183, clause XIV., omittg the words after the word “arise": to compound with & make allowces to debtors, p. 183: to take & defend legal pcdgs, p. 183: to exte deeds, &c., genlly, p. 184: to appt substitutes, p. 185: to act genlly, "as the sd A. & B., as such exs & devisees as afsd, could do," p. 185: ratificon, p. 186: to register the power in India, p. 186. [Power to be irrevocable, p. 186.] IN WITS, &c. (a).

Execute reconvey

ances.

Recitals.

VIII.

TO COMPLETE a PURCHASE (b).

& hds in the

este, but

TO ALL, &c., A., of, &c., pchaser, sends greetg: WHAS the sd A. has lately contracted to pchase certn parish of, & coy of —, known as the the sd pchase has not yet been completed: AND WHAS the sd A. is about to go abroad: NOW THESE PSNTS WITS, &c., that he, the sd A., apptmt of B. as atty, p. 179, to do or exte all or any of the acts & things hinafter mentd, that is to say:

(a) See note to Precedent IV., p. 189. The practice is to execute in the presence of a notary.

(b) Powers of attorney may often be conveniently paragraphed as in this and some of the subsequent forms.

requisi

1. TO MAKE or take such requons or objons as to the title or To make evidce of title to the sd este & premes, or orwise in relon thto, tions. as the sd atty shl think fit.

withdraw

2. TO INSIST Upon any such requon or objon, or to withdraw Insist on or or abandon the same wholly or partially, & eir absolutely or requisiupon the terms of receivg an indemnity or compenson or tions. orwise, as the sd atty shl think fit.

for com

pensation.

3. IN CASE any error, misstatemt, or omission in the Arrange parlars or description of the premes shl be discovered, to enter into such agrmt as to receivg or allowg compenson as the sd atty shl deem pper.

ings.

4. IN THE event of the sd atty takg or makg any objon or Rescind requon in respt of the title or orwise wch the vendor shl contract or take legal neglect or refuse to remove or comply with, or in the event of proceed any default on the pt of the vendor in specifically performg the sd contract, then & in any such case, if the sd atty shl so think fit, eir to rescind the contract & to demand the return of & sue for & recover & give a rect for the deposit of £ pd by him, the sd A., upon the exon of the sd contract, or to take legal pedgs for determing the validity of any such requon or objon as afsd, or for recoverg damages in respt of such default as afsd, or for enforcg specific pformce of the contract or orwise in relon thto as circes may require or the sd atty may think fit.

legal proceedings.

5. TO DEFEND any legal pcdgs wch may be taken by the Defend vendor to recover damages agst the sd A. for alleged nonpformce of the sd contract, or to determine the validity of any such objon or requon as afsd, or to enforce the specific pformce of the sd contract by the sd A., or orwise in relon to the premes.

tion.

6. TO SUBMIT to arbitron, compromise, or abandon any such Arbitrapedgs wch may be taken by or agst the sd A. as afsd, or any question or dispute in relon to the premes.

ance and completion.

7. TO ACCEPT & take a pper assurce or assurces from the Conveyvendor & all other necy pties of the sd & hds, eir to the use of the sd A., his hrs & assns, or orwise: AND to accept, exte, or enter into & do, in the name or on behalf of the sd A., any assurces, deeds, covts, instrumts, & things wch may be deemed necy to or pper for completg the sd pchase, or in relon thto.

K.E.-VOL. I.

8. To appt substitutes, p. 185.

9. Substiton of anor atty on

death, &c., of B., p. 185. 10. Ratificon, p. 186. [Power to be irrevocable, p. 186.] IN WITS, &c.

Power to mortgage.

To concur

in transfers

of mort

gages.

General

going abroad.

IX.

GENERAL POWER of ATTORNEY to MANAGE PROPERTY and carry on BUSINESS in ENGLAND, with full powers of dealing with MORTGAGES (a).

KNOW ALL MEN, &c., apptmt of B. as atty, p. 179: to manage ppty, p. 182: to enter into agrmts with tenants, &c., p. 182 to sell, dc., p. 181: AND ALSO to mtge or chge all or any pt or pts of my ppty, whether real or psonal, for the ppose of raisg any sum or sums of moy, wch the sd atty may think fit, for dischging or reducg all or any of the chges & incumbces thron, or any chges or incumbces wch may have been created under the psnt power, & wch shl for the time being be subsistg, or any pt or pts thof resply, or for the ppose of consolidatg any such chges or incumbces, or by way of secy for any such mtge debt or debts, eir in addon to or in substiton, wholly or in pt, for any then subsistg secy or secs for the same, or for orwise effectuatg any of the pposes of these psnts; AND to make any such mtge as afsd, with such powers & provons as he shl think pper: AND to concur in or consent to the transfer of any mtges, chges, or secs affectg all or any pt or pts of my ppty, whether real or psonal, to any pson or psons, whether as pt of an arrangemt for the consolidon of any such mtges, chges, or secs, or orwise: AND to consent to or allow any

As to power (a) This precedent is adapted to the case of a person going abroad. of attorney Such a power, if not limited in duration to the principal's absence would by person not (at any rate as to persons without notice) be revoked by his return; secus if ex facie so limited; Danby v. Coutts, 29 Ch. D. 500. If desired, it can be made irrevocable under the Conv. Act, 1882, s. 9, for any fixed time not exceeding one year (see above, p. 180, note), so as to afford full protection to purchasers for value dealing under it; but where there is real estate which may have to be dealt with by sale or mortgage, &c., it is sometimes better to have a trust deed instead of a power of attorney; see form in Vol. II., MISCELLANEOUS. As to delegating trust business to an attorney,

see above, p. 182, note (b).

dealing with mort

alteron in the rate of intt upon any such mtges or chges, or powers of the terms of repaymt or redmon, & to allow any arrears of intt upon such mtges or chges to be capitalized & carry intt, & gages. to authorise the rele of any of the secs for any mtge debt or debts; AND to insert in any deed or instrumt for effectg any such transfer or consolidon or other arrangemt as afsd, such powers or provons by way of further secy to the transferee or transferees, or mtgee or mtgees, or orwise as may be deemed pper, & genlly to enter into or concur in such arrangemts in relon to the incumbces for the time being affectg my ppty, whether real or psonal, or orwise to deal with such incumbces, in such mner & with the like powers, authorities, & discrons in all respts as the sd atty might have done if he were absolutely entled to the sd premes: to arrange & compromise, p. 183: to compound with & make allowces to debtors, p. 183: to take & defend legal pcdgs, p. 183: to concur with co-owners, p. 184: to give rects, p. 180: to deposit & invest moys, p. 181: to rote at meetgs, p. 184: AND ALSO to carry on, manage, & To carry on conduct my trade or business of

at

business.

To dispose of capital

and effects.

or elsewhere for such time & in such mner as my sd atty shl in his sole discron consider advisable AND with full power to my sd atty for the ppose of enablg him to carry on, manage, & conduct the sd business as afsd, to use & occupy the house & office in wch To use the same is now or shl for the time being be carried on (the offices. rent, if any, & taxes payable in respt whof, shl be chged to the acct of the sd business): AND for the like ppose to use & dispose of all the capl, credits, stk, & effects wch now are or shl hrafter be employed in, or due or owg in respt of my sd business: AND ALSO with power for my sd atty to continue To employ to employ such clerks, agents, servants, & other psons as now are employed in or about the sd business, & to hire & employ such other psons for the same or the like pposes or duties, & at such salaries as he shl think pper, & from time to time to dismiss any of such clerks, agents, servants, & other psons as he shl think fit, & to increase & diminish the no. of psons employed in the sd business: to draw bills, dc., p. 185: AND ALSO with full power for my sd atty to enter into such To enter contracts respectg the sd business as he shl think expedient: AND to adjust & settle all accts & transons, & compromise or compound any debts or claims wch may be owg by or to me or

and dismiss clerks, &c.

into contracts.

To settle

accounts,

&c.