Imatges de pàgina
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Appoint

ment.

To enter.

To hold.

Proviso.

LETTERS OF ATTORNEY.

(1.)

Letter of Attorney to enter on a racant PosseSsion.(m) (Ejectment.)

KNOW ALL MEN by these presents, that I, A. B., of, &c., have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint, C. D., of, &c., to be my true and lawful attorney for me, and in my name, to enter into, and take possession of, a certain messuage, called, &c., with the appurtenances, situate in the parish of, &c., in the county of, &c., and which is now vacant and unoccupied; and after the said C. D. shall have taken possession thereof, for me and in my name, and as my act and deed, to sign, seal, and execute, a lease of the said premises, with appurtenances, to E. F., of, &c. TO HAVE AND TO HOLD the same to the said E. F., his executors, administrators, and assigns, from the day of last past, to the full end and term of seven years, from thence next following, and fully to be complete and ended, at the yearly rent of one pepper-corn, if the same shall be properly demanded; subject, nevertheless, to a proviso to make void the same, on payment or tender by me, my executors, administrators, or assigns, of the sum of sixpence, to the said E. F., his executors, administrators, or assigns. In witness whereof, I have hereunto set my hand and seal this — day of, in the year of our Lord, 18—.

Sealed and delivered in my presence, being first duly stamped.

(m) When the person bringing the action of ejectment attends personally, this letter of attorney will not be resorted to.-(See p. 25, and ser Ejectment.)

(2.)

Letter of Attorney to demand and receive Rents, &c., and in Default of Payment to distrain or bring Actions for recovering the same.(n)

lease.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, A. B., of, &c., send greeting; WHEREAS, (o) by Recital of an indenture of demise or lease bearing date, &c., and made, or expressed to be made, between me, the said A. B., of the one part, and C. D., of, &c., of the other part, I, the said A. B., did demise and lease unto the said C. D., his executors, administrators, and assigns, a messuage or tenement, piece or parcel of land, and premises, situated, &c., in the said indenture of lease more particularly described; TO HOLD the same to the said C. D., his executors, administrators, and assigns, from the

(n) A power of attorney must be pursued strictly; but it is to be so construed as to include all the necessary means of executing it with effect.— Howard v. Baillie, 2 H. B. 618.

(0) Another Form of Letter of Attorney by the personal Representative of deceased Landlord, to demand Rent and distrain by Reference to the Demise only, without a Recital of the Lease, with power to pay ground Rent to original Landlord.

day of

mise.

Know all men by these presents, that I, A. B., of, &c., widow, relict, Appointand administratrix, of C. B., late of, &c., deceased, for divers good causes ment of me hereunto moving, have made, constituted, and appointed, and by these attorney to presents do make, &c., C. D., of, &c., and E. F., of, &c., jointly and seve- distrain by rally my true and lawful attorney and attorneys for me, and in my name, executrix. place, or stead, jointly or severally to receive of and from G. H. and J. K., &c., their under-tenants, agents, or assigns, or of and from whomsoever else it doth or may concern, and of and from all or any of the tenants and occupiers of certain pieces or parcels of land, situate, &c., (and which were Reference heretofore demised by W. B., deceased, the father of the late C. B.. by to the decertain indentures of lease bearing date respectively the and the day of, &c., at and under the yearly rents or sums in all the said leases reserved; and on which said pieces or parcels of ground, or on part thereof, four messuages or tenements have been built, now or lately in the occupation of, &c., their under-tenants or assigns,) all sums of money which now are, or shall or may at any time or times hereafter grow due and payable, from and out of the said premises, for such rent as aforesaid; and upon non-payment thereof, or of any part thereof, for me, and in my name, and for my use as administratrix, to enter to make distresses, &c., and to give receipts, &c. (See p. 652.) ["And in the name of me, the To settle said A. B., as executrix as aforesaid, to settle and adjust all accounts for ground rent ground rent and land tax, and to pay all such sums of money as shall from time to time appear to be justly due and owing, from and out of the said rent, for ground rent, to L. M., of, &c., under and by virtue of a certain derivative lease by him thereof granted to the said C. B., by indenture, dated, &c., and to take and receive such acquittances for the same as the case shall require."] And generally for me, and in my name, to do, &c., all and whatsoever shall be requisite in the premises, &c. (See the conclusion of the precedent in the text.) In witness, &c.

Mesne assignments.

Appoint

mand, &c.

day of, &c., then last past, for the term of — years, at the yearly rent of, &c., payable half yearly, on the day of, &c., and day of, &c., in every year. AND WHEREAS, by divers mesne assignments, and other acts in the law, the said messuage, or tenement and premises, in the said indenture of lease described, are now vested in E. F., of, &c., or are now in the tenure or occupation of, &c., subject to the said indenture, and to the rent, covenants, and agreements, thereby reserved and contained, on the tenant, lessee, or assignee's part to be paid, performed, and observed, respectively. Now KNOW YE, that I, the said ment to de- A. B., have made, deputed, constituted, and appointed, and by these presents do make, depute, constitute, and appoint, the said C. D., my true and lawful attorney for me, and in my name, and for my own use and benefit, to ask, demand, sue for, recover, and receive, of and from the said E. F., his executors, administrators, under-tenants, and assigns, or other the tenant or occupier, or tenants or occupiers, for the time being, of the said messuage or tenement, or piece or parcel of ground and premises, or any part thereof, and of and from whomsoever else it doth, or shall, and may belong, to pay the same, the said yearly rent or sum of, &c.; and also all such sum or sums of money as now are, or hereafter shall or may at any time or times during the subsistance of these presents, grow, or become due or payable, from and out of, or in respect of, the said messuage or tenement, piece or parcel of ground and premises, comprised in, and expressed to be demised by, the said hereinbefore in part reTo give dis- cited indenture of lease; and upon receipt thereof, or any part thereof, for me, and in my name, good and sufficient discharges and acquittances from time to time to make and give for the same; and also to pay, settle, and adjust, all accounts, claims, and demands, for ground rent, land tax, and repairs of the same, and other lawful deductions, to deduct and To distrain. allow. AND upon non-payment of the said yearly

charges.

rent, sum or sums of money, or any part thereof, for me, and in my name, to enter into and upon the said premises, or any part thereof, and to seize and distrain all or any goods, chattels, or effects, which shall then and there be found, or which shall have been thence unlawfully removed, and every, or any such distress or distresses, to take, carry away, distrain, and keep, until the said rent and allowances thereof, and all costs attendant upon such distress shall be fully paid and satisfied, and in default or non-payment thereof, for the space

of

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actions.

substitute.

- days next, after such distress shall be made, to sell and dispose of, or otherwise deal with, the same according to law, or at the discretion of the said C. D., to commence or prosecute any action, To bring suit, bill, plaint, avowry, or information, or to take, or employ, any such other lawful powers, remedies, expedients, ways, and means, for the recovering and attaining payment of the same, as fully and effectually to all intents and purposes whatsoever, as I myself might or could have commenced, prosecuted, taken, and employed, if personally present, and these presents had not been made. AND And to also, from time to time, to substitute and appoint one or more attorney or attorneys under him, the said C. D., for all, or any of the purposes aforesaid, and again, at his pleasure, to displace and remove as he shall see occasion or think fit. I, the said A. B., hereby giving and granting unto the said C. D., full and sufficient power and authority, in or concerning the premises, for all and every, or any of the purposes aforesaid, and promising and agreeing to ratify, allow, and to confirm, all and whatsoever the said C. D., or his attorney or attorneys, shall lawfully do, or cause to be done, in and concerning the premises, by virtue of these presents. In witness, &c.

Appoint

ment.

(3.)

Letter of Attorney to distrain for Rent.
(See note to p. 651.)

KNOW ALL Men by these presents, that I, A. B., of, &c., for divers good causes and considerations, me hereunto moving, have made, nominated, authorised, constituted, and appointed, and by these presents, doth, &c., C. D., of, &c., and E. F.. of, &c., jointly and severally, my true and lawful attorney and attorneys for me, and in my name, place, and stead, jointly or severally, to enter inte and upon all that messuage or tenement, farm lands, hereditaments, and premises, situate and being in the parish of, &c., in the county aforesaid, and now in the tenure or occupation of R. S., his undertenants or assigns, and held by him of me, at and To distrain. under the yearly rent of, &c., and to make or cause to be made one or more distress or distresses of all or any hay, corn, goods, chattels, beasts, sheep, or other effects or things whatsoever, standing, lying, and being in and upon the said demised premises, or any part thereof, for all such rent or rents that was, or were, and now is, due and owing to me, to, at, &c., last past, for or on account of the said premises, or any part thereof, and such distress or distresses when made or taken for me, and on my behalf, to hold, detain, and keep, until payment and satisfaction to be made to me, for all such rent due and in arrear to me, and all costs and charges of making such distress, and in case of non-payment thereof, within the time limited, after such distress made by the laws now in force to appraise, sell, and dispose of the same, or cause the same to be appraised, sold, and disposed of, according to law, Authority. I, the said A. B., giving and granting unto my said attorneys and attorney, jointly and severally, full power and authority for me, and in my name, and on my behalf, to do or cause to be done, all such acts, matters, and things, whatsoever, touching, concerning, or in anywise relating to the said

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