Imatges de pàgina
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where beyond the cape of Good Hope, and for me and in my name, and to and for my use and behoof, to ask, demand, sue for, recover and receive of and from E. F. of &c. or of and from his heirs, executors or administrators or representatives and also of and from all and every other person and persons whomsoever, whom it doth, shall or may concern, at aforesaid, or at any other płace or places in East India, Persia, or elsewhere beyond the cape of Good Hope, whom it doth, shall or may anyways concern whether in their own right, or as the real or personal representative or representatives of any such person or persons as is, are or may be and stand indebted unto me, all debts and demands, sum and sums of money whatsoever, which now are due and owing, or which shall hereafter become due or owing, payable or belonging to me, upon or by virtue of any bond, bill, note, deed or other kind of security whatsoever, or on the balance of my account or accounts, or upon any other ways or means whatsoever AND also for me and in my name to call to account all and every person and persons indebted to me, and to settle, allow and adjust their respective accounts, as to my said attorney shall seem meet, just and equitable; and also to compound for the same, and to accept a part for the whole, (if need be) and upon receipt of any such sum or sums of money paid to my said attorney, for my use, for me and in my name to give, sign and execute full and effectual receipts, acquittances and discharges for the same; and upon non-payment thereof, or upon refusal or default of payment; or delay to bring in, adjust and settle with my said attorney such accounts as are and may be due to me, then for me and in my name to commence and prosecute any action or actions, suit or suits in the chief court of justice, the Mayor's court, or any other courts of law or equity, at any place, district, provinces or kingdom, within the East Indies, or before all princes, lords, judges and tribunals, in Persia, China, or elsewhere beyond the cape of Good Hope, and to use any other lawful, legal or equitable ways and means for the recovery of any such sum or sums of money so due to me, or for the settling and adjusting of their several accounts, as occasion shall or may from time to time require. AND I the said A. B. do hereby further authorise and empower the said C. D. for and in my name, and as my act and deed, to make, sign, seal, deliver and execute any deed or deeds, instrument or instruments whatsoever, which to my said attorney shall seem just and requisite, touching or concerning, or which may in any way relate to the discharging any person or persons whomsoever, and particularly the said E. F. his executors, administrators or representatives, or to the discharging any estates, goods or

chattels, from any claim and demand whatsoever, which I the said A. B. now have or may hereafter have upon all and every other person or persons, or upon such estates, goods or chattels. AND I the said A. B. do hereby authorise and empower the said C. D. to substitute and appoint one or more attorney or attornies for the purposes aforesaid, with such power or powers as to him shall seem meet and requisite, and generally, &c. (to the end.) AND I the said A. B. have also set my hand and seal to two other powers of attorney, both of equal tenor and date with these presents, by which said two other powers of attorney I have empowered I. K. of &c. and N. O. of &c. to which said powers are annexed attested copies of all the bonds and other securities hereunto annexed: AND I do declare, that when any one of the said two or of this power of attorney are fulfilled, and the monies due to me are fully paid and satisfied, then I do revoke such two other powers of attorney. IN WITNESS, &c.

From an executor, to manage affairs and receive debts, &c. in the West Indies.

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BY THIS PUBLIC INSTRUMENT OF PROCURATION, or LETTER OF ATTORNEY, Be it known to all whom it may concern, That on this day of in the year of our Lord 18-, BEFORE me I. M. of notary public, by royal authority duly admitted and sworn, and in the presence of the witnesses hereinafter mentioned,. PERSONALLY came and appeared A. B. of &c. who exhibited the annexed probate of the last will and testament of E. F. formerly of in the island of -, but late of and also did then and there, as executor named and appointed in and by the said last will and testament of the said E. F. (he having been duly qualified to act as such by due form of law) in the presence of me the said notary and witness DECLARE to have as executor of the said E. F. made, ordained, nominated, constituted and appointed, and by these presents doth make, ordain, nominate, constitute and appoint C. D. of &c. his the said A. B's. as executor aforesaid, true and lawful attorney, and in his name, place and stead, to transact, manage and conduct all the affairs, matters and concerns of and belonging to the said E. F or of and to which he the said E. F. was in his life time interested in, or of and to which his heirs, executors or assigns now are interested in and for him the said C. D. to and for and in the name of the said appearer A. B. as executor to the said E. F. as aforesaid, to ask, demand, sue for, recover and receive of and fromG. H. of -, in the said island of and of and from all and every other person and persons

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whom it doth, shall or may concern, -at - in the said island of or at any other island or islands in the West Indies, all such sum and sums of money. whatsoever which now are due and owing, or which shall hereafter become due or owing to the estate of the said E. F. and for him the said C. D. in the name of the said A. B. as executor of the said E. F. as aforesaid, to take into his possession, custody and power, all effects, goods and chattels of and belonging to the estate of the said E. F. and also to compel by due course of law, all persons who shall or may have any of the effects, goods and chattels of or belonging to the estate of the said E. F. to deliver up the same. AND ALSO, for him the said C. D. for and in the name of the said A. B. as executor as afore said, to ask, demand, sue for, recover and receive, of and from the representatives, heirs, executors or administrators, of all or any such person or persons as aforesaid, all such debts, dues, sum and sums of money whatsoever, which now are due and owing to the estate of the said E. F. upon or by virtue of any bond, bill, note, deed or other kind of security whatsoever, or on the balance of any account or accounts, or upon any other ways and means whatsoever, and to settle, allow and adjust their respective accounts, as to the said C. D. shall seem meet, and also to compound for the same, and to accept a part for the whole, if need be; and upon receipt of any such sum and sums of money, effects, goods or chattels, paid to the said C. D. for the use of the said A. B.as executoras aforesaid, to transmit the same as soon as convenient may be, by such ways and means as he the said C. D. in his discre tion shall think proper; and also for him the said A. B. and in his name as executor aforesaid, to give,. sign, seal and execute good and sufficient releases and full and effectual receipts, acquittances and discharges for the same; and upon non-payment thereof, or upon refusal, default of payment or delay, to bring in, adjust and settle such accounts, he the said A. B. as executor as aforesaid doth hereby fully authorise and empower the said C. D. for him the said A. B. and in his name as executor as aforesaid, to commence and prosecute any action or actions, suit or suits, in any of the courts of law or equity, in the island of aforesaid, or in any other island or islands in the West Indies; and to use any other lawful or equitable ways and means for the recovery of any sum or sums of money, goods, chattels or effects, of and belonging to the estate of the said E. F. or for the bringing any person or persons to answer for the settling or adjusting of their respective accounts. AND he the said A. B. as executor as aforesaid, doth hereby further authorise and empower the said C. D. for and in the name of the

said A. B. as executor as aforesaid, and as his act and deed as executor as aforesaid, to make, sign, seal, deliver and execute any deed or instrument whatsoever, which to the said C. D. shall seem just and equitable, touching or concerning, or which may any way relate to the discharg ing any person or persons whomsoever, on whom he the said E. F. in his life time had any claim or demand, or to or which the said A. B. as executor to the said E. F. now hath upon such person or persons, or upon such estates, effects, goods or chattels : And the said A. B. aș executor as aforesaid, doth hereby authorise and empower the said C. D. to substitute and appoint one or more person or persons as his substitute or substitutes, in the place of him the said C. D. And the said A. B. as executor as aforesaid, doth declare that the powers and authorities. hereby given to the said C. D. shall from the time of such appointment wholly and absolutely vest in such substitute or substitutes as the said C. D. shall appoint: AND generally for him the said A. B. as executor as aforesaid, to do, transact and perform all and every act and acts, thing and things, needful and expedient in and about the premises, and the management of the affairs and concerns of the said E. F as fully and effectually to all intents and purposes whatsoever, as if he the said A. B. as executor as aforesaid, could or might do and transact, if personally present, ratifying, allowing and confirming, and agreeing to ratify, allow and confirm, all and whatsoever the said A. B. or his substitute or substitutes, shall legally do or cause to be done by virtue of these presents. IN WITNESS, &c.

To recover goods mentioned in a schedule, &c. and to remit the money or consign the effects.

THAT A. B. of &c. relict and executrix of the last will and testament of I. B. late of &c. hath made and ordained, and by these presents doth make, ordain, and in her place and stead put and constitute I. M. of &c. to be her true, certain and lawful attorney, for her and in her name, and to and for her proper use, to demand, levy, sue for, recover and receive, by all lawful &c. to and from E. W. of &c. his heirs, executors and administrators, and all person and persons whom it doth &c. as well the several goods, merchandises and things mentioned and expressed in the inventory or particular thereof, thereon endorsed, and which the said E. W. by receipt under his hand dated &c. acknowledged to have received of N. O. late master of the ship called the London, which receipt, and the particular of the said goods mentioned to be received

by the said E. W. of the said N. O. is delivered by the said A. B. to Z. L. master of the ship called the Nero, now forthwith bound to to be delivered to the said I. M. and also all other goods, merchandises and things, of and belonging to the said I. B. deceased, and upon receipt or recovery thereof, or any part thereof, from time to time to sell and dispose of the same at

aforesaid, for the most profit and advantage that he can, and to remit the money arising by the sale thereof, in one or more good bills or bill of exchange, payable to the said A. B or her order in London, for her use or otherwise, or invest the produce of the said goods in such other goods and merchandises in as shall be for the best advantage of the said A. B. and to return and consign the same to the said A. B. or her assigns in London, which of them the said I. M. shall think fit and for the most profit and advantage of the said A. B. he the said I. M. in either of the said cases first deducting thereout all necessary charges and expenses in and about the premises, which the said A. B. agrees he shall and may deduct accordingly. AND the said A. B. doth further empower the said I. M. if need be, to call to account and bring to a reckoning the said E. W. and all other person and persons concerned in the premises, and to transact, do and perform all other matters and things relating to the said premises, as fully as she herself might or could do, if personally present: and upon receipt or recovery of the said goods, merchandises and things, or any part thereof, or any sum or sums of money on account thereof, to give sufficient receipt and discharges for the same. GIV ING &c.

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or elseall debts, dues, sums

To receive debts, &c. and revocation of a former power. WHEREAS I, A. B. of &c. did on or about the day of now last past, by a certain writing, or letter of attorney, authorise and empower C. D. of &c. to demand, sue for, recover and receive, as well of and from E. F. of &c. and G. H. of &c. as of and from all other person and persons whatsoever, resident at where in the said island of of money, goods, wares, merchandises, effects, and things due, payable or belonging to me the said A. B. (or to that effect) as thereby, relation being thereunto had, will and may more fully and at large appear. NOW KNOW ALL MEN by these presents, THAT I, the said A. B. for divers good causes and considerations me thereunto moving, have revoked, recalled, countermanded, and by these presents do revoke, recall, countermand, and to all

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