No. LXXXII.

*Appointment of an Attorney by Assignees of a Bankrupt, to act in the Bankrupt's affairs abroad, as well for particular as for general purposes.

APPOINTMENTS.

Attorney (general power by assignees).

day of

attorney.

To receive debts dize.

and merchan

KNOW ALL MEN BY THESE PRESENTS, that (assignees) of, &c. assignees of the estate and effects of (bankrupt) of, &c. merchant, acting under or by virtue of a commission of bankruptcy awarded and issued, and now in prosecution against the said (bankrupt) bearing date at Westminster, on or about the for divers good causes and considerations them hereunto moving, HAVE and Appointment of each and every of them HATH made, ordained, nominated, constituted, and appointed, and by these presents Do and each of them DOTH make, ordain, nominate, constitute, and appoint (attorney) of, &c. in the United States of America, merchant [or as the case may be], the true and lawful attorney of them the said (assignees) for them as assignees as aforesaid, and in their names, to ask, demand, sue for, levy, recover, attach and receive of and from all and every person and persons whomsoever resident within the United States of North America aforesaid, who now is or are indebted unto the said (bankrupt) or unto his estate, or unto them the said (assignees) as such assignees as aforesaid, for or by reason of any cause, matter, account, or thing whatsoever, or who now hath or have in his, her, or their custody or power any goods, wares, merchandizes, effects or things whatsoever, of or belonging to the said (bankrupt) or to his estate, or to them the said (assignees) as such assignees as aforesaid, all and singular such sum and sums of money, both principal and interest, debts, goods, wares and merchandizes, and other things whatsoever, which such person or persons now is or are so indebted, or which such person or persons now hath or have, or shall or may have in his, her, or their custody, power, or possession of or belonging to the said (bankrupt) or to his estate, or to the said (assignees) as assignees as aforesaid; and to that Settle accounts. end, with any person or persons to account, and to view, state, settle, and adjust all accounts whatsoever now depending, or which

APPOINTMENTS.

Attorney (general power by as signees).

Acknowledge satisfaction.

shall or may be depending, between the said (bankrupt) or them the said (assignees) as such assignees as aforesaid, and every person and persons whomsoever; and the balance and balances of all and every such accounts for them the said (assignees) as such assignees as aforesaid, and in their names, and for them, to receive or otherwise to compound for the same, and to accept a part for the whole, as he the said (attorney) shall judge expedient or advisable; and for that purpose for them the said (assignees) as such assignees as aforesaid, and in their names, to appear in the proper court or courts, office or offices, in each and every or any of the United States of North America, and therein, or in any or either of them, to acknowledge satisfaction upon record for all or any judgment or judgments, or mortgage or mortgages, according to the laws and usages of the said United States, or in any or either of Give discharges. them; and upon recovery or receipt of such sum or sums of

Bring and defend actions.

Compromise differences.

Execute deeds.

money,

every

or any part thereof, or goods, wares and merchandizes, for them the said (assignees) as such assignees as aforesaid, and in their names, releases, acquittances, or other good, sufficient, and effectual discharges to sign, seal, execute, and deliver. And the said (assignees) as such assignees as aforesaid, do and each and of them doth hereby authorise and empower the said (attorney) for them the said (assignees) as such assignees as aforesaid, and in their names, to prosecute and defend any action or actions, suit or suits, by or against the said (assignees) as such assignees as aforesaid, commenced or to be commenced, to a final close thereof, and to appear before all and every or any lords, judges, or justices, at any tribunal, or in any court or courts, in all and every or any of the said United States of North America, to answer, defend, and reply in and to all matters and things touching and concerning them the said (assignees) as such assignees as aforesaid, or touching or concerning the said (bankrupt) or his estate, property, and effects prior to his said bankruptcy; And moreover for the said (assignees) as such assignees as aforesaid, and in their names and in their behalf, if he the said (attorney) shall see fit, to compromise, conclude, refer to, and agree by arbitration all and every or any differences or disputes, which now are, or which shall or may be subsisting between the said (bankrupt) or the said (assignees) as such assignees as aforesaid, and any person or persons whomsoever in North America aforesaid and for that purpose for them the said (assignees) as such assignees as aforesaid, and in their names, and as their respective act and deed, in due form of law, to sign, seal, execute, and deliver any bond or bonds, agreement or agreements of arbitration

or reference, which shall or may be requisite or proper, and to stand to, abide, and perform all and every award and awards to be made of and concerning all and every or any such matters in difference or dispute. And further, for them the said (assignees) as such assignees as aforesaid, and in their names, to enter into and upon all and every the lands, tenements, and hereditaments, real or personal, late of and belonging to the said (bankrupt) and now vested in and belonging to them the said (assignees) as such assignees as aforesaid, situated, lying, and being in the said province of

or elsewhere

APPOINTMENTS.

Attorney (general power by assignees). Sell estates,

and

convey to purchasers,

in the said United States of North America, and to sell and dispose of all and every the same lands, tenements, and hereditaments, either entirely or in separate lots or parcels, to any person or persons whomsoever, for the most money and best price or prices that can be reasonably gotten for the same, either by public auction or private contract, as he the said (attorney) shall think most fitting and advantageous to the estate and creditors of the said (bankrupt), and upon receipt of the purchase money or monies for all and every or any of the said lands, tenements, and hereditaments, for them the said (assignees) as such assignees as aforesaid, and in their names, to make, give, and sign receipts, acquittances, or other sufficient discharges for the same to such person or persons who shall or may become the purchaser or purchasers thereof. And also, for them the said (assignees) as such assignees as aforesaid, and in their names, place, and stead, to sign, seal, and execute, and as their act and deed, in due form of law to deliver unto the purchaser or purchasers of all and every or any of the said lands, tenements, and hereditaments, such deed or deeds, conveyances and assurances in the law, as shall be fitting and necessary in that behalf, and as shall or may be reasonably advised, or required by the counsel in the law, of the said purchaser or purchasers, his, her, or their heirs or assigns, and that as fully and effectually to all intents and purposes as they the said (assignees) as such assignees as aforesaid, might or could do if personally present. And the said and grant leases. (assignees) as such assignees as aforesaid, do hereby further authorise and empower the said (attorney) in case the said lands, tenements, and hereditaments, or any part thereof, for default of purchasers or otherwise, shall not be sold or disposed of, to demise, lease, set and to farm, let the same to any sufficient and responsible person or persons whomsoever, for any term or terms of years in possession, as shall or may be judged most advisable in regard to the earliest and most expedient future sale thereof, and the best and most approved yearly rent or rents that can be reasonably had and obtained for

APPOINTMENTS.

Attorney (general power by assignees).

Receive rents,

and distrain

the same.

And also, for them the said (assignees) as such assignees as aforesaid, and in their names, to ask, demand, and receive, and by all lawful ways and means to sue for, recover, and obtain of and from the present or future tenants or occupiers of the said lands, tenements, and hereditaments, or any part thereof, all and every sum and sums of money, rents, and arrears of rent, which now is or are, or shall or may, from time to time, until such sale as aforesaid, grow due and become payable to the said (assignees) as such assignees as aforesaid, from all and every or any of the said tenants respectively; and on non-payment thereof, or of any part thereof, for them, the said (assignees) as such assignees as aforesaid, and in their names, to enter into and upon all or any part of the said lands, tenements, and hereditaments, or any part or parcel thereof, and there to seize and distrain the goods, chattels, and effects of any tenant or tenants not paying his, her, or their rent or rents in due time, either in and upon the said premises, or any part thereof, or off the premises as the law of the said province of

may permit; and the distress or distresses so had and taken to take, lead, drive, carry away, retain, and impound and keep until the said rents and arrears thereof shall be fully paid and satisfied, or the same shall otherwise be delivered by due course of law; and, if need be, all and singular the said goods and chattels and effects so distrained to sell and dispose of according to law, and to receive the monies arising from the sale thereof for the use of the said (assignees) as such assignees as aforesaid; or in the names of them the said (assignees) as such assigor bring actions. nees as aforesaid, to proceed by action, suit, bill, or plaint, or by such other lawful ways and means for the recovery of the said rents and arrears of rent, or any part thereof, and thereupon in their names to give, sign, seal, and execute receipts, acquittances, or other discharges for the same. And the said (assignees) as such assignees as aforesaid, do hereby further authorise and empower the said (attorney) for them the said (assignees) as such assignees as aforesaid, and in their names to ask, demand, and receive, and by all lawful ways and means whatsoever to sue for, recover, and obtain of and from any person or persons whomsoever, all and every the deeds, evidences, and muniments whatsoever, relating to or touching or concerning the title of the said (bankrupt) to any the lands, tenements, and hereditaments herein-before mentioned, or any part or parcel thereof; and, upon receipt and recovery thereof, for them, the said (assignees) as such assignees as aforesaid, and in their names, to sign and give proper receipts, acquittances, and discharges for the same. And they

Obtain titledeeds.

APPOINTMENTS.

Attorney (general power by assignees).

Appoint sub

attorney.

the said (assignees) as such assignees as aforesaid, do hereby authorise and empower the said (attorney) to substitute and appoint one or more attorney or attornies under him for the purposes aforesaid, with such power or powers as to him shall seem meet, and the same, at pleasure, to remove and revoke, and to appoint another or others, in the room of such attorney or attornies so removed, and so often as to him the said (attorney) shall seem requisite or proper. And generally, for them the said (assignees) as such assignees as aforesaid, and in their names, to do, transact, and perform all and every other thing and things, act and acts whatsoever, touching and concerning the premises above mentioned, and other the affairs of the said (bankrupt) General authority. in North America aforesaid, as fully and effectually, to all intents and purposes whatsoever, as they the said (assignees) as such assignees as aforesaid, might or could do if personally present (1); they hereby ratifying, &c. (2). IN WITNESS, &c.

(1) If it be thought fit to provide against the death of the attorney, see ante, p. 270.

(2) A covenant may be added here for the attorney to account for his receipts, as ante, p. 256, n. (1).

Death of attor

ney.

Attorney to

account.