suance and exercise of the power and authority given to or vested in the said (surviving executor) by the said in part recited will of the said —, and of the directions therein in that behalf contained, HE the said (surviving executor) HATH chosen, nominated, and appointed, AND by these presents, signed and sealed by him in the presence of two credible persons whose names are intended to be hereupon indorsed as witnesses thereto, Doru choose, nominate, and appoint THE said (new executor) to be an executor of and under the said in part recited will of the said ————— deceased, in the room, stead, and place of the said (deceased executor,) deceased, and to act in conjunction with the said (acting executor) in all matters and things relating to the said executorship, and the trusts and concerns of the said will. AND the said (acting executor) DOTH hereby give, grant, and commit unto the said (new executor,) all and every the power and authority incident to such executorship, which he the said (acting executor,) may, can, or ought to give, grant, and commit, by virtue of the said in part recited will of the said —— deceased, or of the power or authority therein contained, to any person or persons in the room, stead, and place of the said (deceased or renouncing executor.) AND he the said (new executor) DOTH hereby accept the said executorship to which he is, as aforesaid, by these presents appointed, and the trusts and duties thereof in all things, according to the true intent and meaning of these presents, and of the said in part recited will. IN WITNESS, &c.

ATTORNEY, POWER OF.]-A power, or letter of attorney, is a deed or instrument in writing under seal, whereby one man is set in the place of another; and who has thereby authority given unto him, to act in the place and stead of him by whom he is delegated, in private contracts and agreements; and this authority is required to be by deed, in order that it may appear that the attorney has pursued his authority. These powers may be also, and very frequently are, inserted in other deeds, such as in a deed of feoffment, to deliver seizin; and in an assignment of a legacy or the like to reBac. Abr. tit. Att.

ceive the same.*

1

Of this power all

persons are capable, and therefore the

* See Index.

same may be executed by infants, femes covert, persons attainted, outlaws, excommunicated, aliens, and others; for this being only a naked authority, the execution of it can be attended with no manner of prejudice to the persons under such incapacities or disabilities, or to any other persons who by law may claim any interest under such disabled persons after their death. lbid.

FORM OF A LETTER OF ATTORNEY TO EXECUTE A

DEED.

of

TO ALL TO WHOм these presents shall come, (the grantors) send greeting: [here recite the facts under which it is necessary to appoint an attorney.] Now KNOW Ye, that we the said (grantors,) the better to carry the said agreement into execution, and for divers other good causes and considerations us thereunto moving, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint (attorney,) of, &c., our true and lawful attorney for us, and to and for our use, to receive of and from the said A. B. the said sum of £- so agreed to be paid by him to us as aforesaid, and upon receipt thereof, acquittances or other discharges for us and in our names, or in his own name as our attorney, to make and give, and for us and in our names, or in his own name as attorney for us, to sign, seal, and as his or our act and deed, deliver any deed of assignment, release, or other instrument in writing, as the counsel of the said A. B. shall advise, of all such part of the share or residue of the said testator's estate so directed to be placed out at interest by his executors as aforesaid, as shall at any time hereafter become due to us by the decease of the said his wife without issue, or by the decease of such issue under age as aforesaid, or otherwise howsoever, giving and hereby granting unto our said attorney full power and authority to act and do in the premises as fully to all intents and purposes as we ourselves might or could do if personally present, and ratifying, confirming, and allowing for firm and effectual all and whatsoever our said attorney shall lawfully do, or cause to be done in the premises by virtue of these presents. IN WITNESS, &c.

A POWER OF ATTORNEY TO EXECUTE A CONVEYANCE OF AN ESTATE TO A PURCHASER WHEN SUCH POWER IS ENDORSED ON THE DEED.

KNOW ALL MEN by these presents, that I, (the vendor) of, &c., for and in consideration of the sum of £- —— of lawful money of Great Britain, to me in hand well and truly paid, at or before the sealing and delivery of these presents, by (purchaser) of, &c., by the hands of A. B., being in full for the entire and absolute purchase of the fee-simple and inheritance in possession of all and singular the messuages, lands, and hereditaments in the within written indenture described, and thereby intended to be granted, released, and conveyed unto and to the use of the said (purchaser) and his heirs, and to the end and intent that the same premises may be legally, fully, and absolutely conveyed and assured unto and vested in him and them, HAVE made, ordained, constituted, and appointed, and by these presents Do make, ordain, constitute, and appoint A. B. and C. D. jointly, and each of them separately, my lawful attornies and attorney irrevocably for me and in my name, place, and stead, and as my act and deed, forthwith and as soon as conveniently may be after these presents shall come to hand, to fill up the blanks or spaces at the top or beginning of the within written indenture, and the indenture of bargain and sale for a year accompanying the same, with the day of the month and year whereon the same indentures respectively shall be sealed and delivered, or with any other proper date or dates: And also to fill up, or cause to be filled up, the blanks or spaces at the bottom or end of the same indenture respectively, by and with the name, description, and addition of such one of them my said attornies who shall act in the premises by virtue hereof, and when and after the same blanks shall be so filled up, then at the foot or bottom of the said deed to subscribe the name of me the said (vendor,) and to seal and deliver the same indentures respectively for me in my name, and as my act and deed, unto and for the use of the said (purchaser,) his heirs and assigns for ever, or otherwise, as in the within written indenture is expressed, and that in the presence of any witness or witnesses; and also for me, and on my behalf, to subscribe to the receipt written on the back of the first skin of these presents the name of me the said (vendor;) and further, to do for me and in my name, and as my act and deed, but to the use of the said (purchaser,) his heirs and assigns, all and every other act, matter, and thing

whatsoever, which shall be necessary, proper, or expedient, for the full, legal, effectual, and complete execution and acknowledgment, and enrollment and recording of the said within written deed or writing, or of any other deed or deeds, of the like tenor or purport, to the like uses, and of the same premises as therein are mentioned, although the same should be conveyed in other or different forms or terms, and although the premises in such other deed or deeds shall or may be differently or otherwise described, the better to ascertain the same, as fully, amply, and beneficially, to all intents, constructions, and purposes whatsoever, as I myself might or could do if present and did the same personally, and so and in such manner as there may be made a good and perfect title and conveyance unto and to the use of the said (purchaser,) his heirs and assigns for ever, in fee-simple, in possession, of all and singular the premises in and by the within written indenture expressed or mentioned, or intended to be granted, released, or otherwise conveyed; I, the said (vendor) hereby giving to my said attornies and attorney, and to each of them respectively, the whole of my own power and authority in the premises, and hereby allowing, ratifying, and confirming, and promising and agreeing to ratify and confirm, and hold for good, firm, valid, and effectual, all and whatsoever my said attornies, or either of them, shall lawfully do, or cause to be done, in or concerning the premises by virtue of these presents. [PROVIDED ALWAYS, that these presents, and the power hereby given, shall in no wise extend, or be construed to extend, to appoint the said (attornies,) or either of them, my said attorney or attornies to or for any other act, intent, or purpose whatsoever, other than what is hereby particularly expressed, but solely and only for the making, executing, perfecting, and completing, unto and to the use of the said (purchaser,) his heirs and assigns, the within written, and all and every or any other collateral indentures, deeds, writings, and assurances, for the purpose of granting, releasing, and conveying a clear and indefeasible estate of inheritance, in feesimple and absolute ownership and property, of and in all and singular the hereditaments and premises in the within written indenture described, unto and to the use of the said (purchaser,) his heirs and assigns for ever, or otherwise, as he or they shall direct in that behalf.] IN WITNESS, &c.

POWER OF ATTORNEY TO RECEIVE RENTS AND TO DEMISE PREMISES.

KNOW ALL MEN by these presents, that I, (the grantor,) reposing especial trust and confidence in the care, skill, and

probity of (the attorney) of -, and for divers other good causes and considerations me hereunto moving, HAVE nominated, constituted, and appointed, and by these presents Do nominate, constitute, and appoint the said (attorney) my true and lawful attorney for me, and in my name, place, and stead, and for my use to ask, demand, and receive all and every the rent and rents, sum and sums of money now due, or which hereafter may become due to me from any person or persons whatsoever, who have been now, are, or hereafter shall or may be tenant or tenants of any messuages or tenements, lands, hereditaments, and premises in Great Britain, the Island of Jamaica, or elsewhere, belonging to me; and of and from all and every other person and persons liable to, or empowered to pay the same; and upon receipt thereof, or any part thereof, acquittances or other sufficient discharges for me, and in my name, or in his own name, to make and give for what he shall so receive; and for nonpayment of such rent or rents, or any part thereof, to enter into and upon all or any of the messuages or tenements, lands, and premises liable to the payment thereof, and distrain for the same, and the distress and distresses then and there found, to take away, sell, and dispose of according to law; and also, for me and in my name, and for my use, to ask, demand, and receive, of and from all and every corporations and companies, all and every sum and sums of money now due, or which hereaftershall or may grow due to me for the dividends, interest, or annual proceeds of any funds, sum or sums of money, or parts or shares thereof, now belonging, or which shall belong to me therein respectively; and likewise to ask, demand, sue for, recover, and receive all and every debt and debts, sum and sums of money due or to grow due and payable to me from any person or persons, for any other matter, cause, or thing whatsoever; and upon receipt thereof, or of any part thereof in my name, or in his own name, to make and give proper receipts and discharges for the same; and in case any tenant or tenants of any messuages or tenements, lands, and premises, wherein I have any right or interest, shall quit or leave the premises by them respectively holden, then and in that case I do hereby give and grant to my said attorney full power and absolute authority to demise, let, and set the same respectively, or any part thereof, to such person or persons, and for such rent and rents, and for such term and time, and under such covenants and agreements, as my said attorney shall think fit, and to spend and apply such part of the rents and profits of the said premises as shall come to his hands in repairing and improving the same, as my said attorney shall judge proper, and one or more attorney or attornies under him, for