Attorney (sur

render copy

holds).

APPOINTMENTS. ladies of the said manor of , according to the custom of the same manor, ALL, &c. (1) [and (2) also all and singular other my copyhold, or customary messuages, lands, tenements, and hereditaments whatsoever, lying or being within and belonging to or holden of the same manor], with their and every of their appurtenances, and all my estate and interest therein, TO THE USE of (the purchaser) of, &c. his heirs and assigns for ever, according to the custom of the same manor, and the true intent and meaning of a certain indenture bearing, or intended to bear, even date with these presents, and made or expressed to be made, BETWEEN the said (principal), of the one part, and the said (purchaser) of the other part. AND for me the said (principal), and in my name, to do and execute all and every such acts and things as shall be needful and requisite, for making and perfecting such surrender, as aforesaid, and for procuring him the said (purchaser), his heirs or assigns, to be admitted to the said copyhold, or customary premises, accordingly, as fully and effectually to all intents and purposes whatsoever, as I, the said (principal) could or might do, if I were personally present, I hereby ratifying and confirming, and promising and agreeing to ratify and confirm all and whatsoever my said attorney shall lawfully do or cause to be done in or about the premises. IN WITNESS, &c.

And to do all necessary acts.

Confirmation.

Parcels.

Other property in the same ma

nor.

(1) Insert here a particular description of the premises intended to be surrendered.

(2) If the copyholder have other property in the manor than that intended to be surrendered, it will be necessary to omit the words within brackets.

No. XCII.

An Appointment of an Attorney by a Creditor to vote in choice of

Assignees (1).

Variations where it is given by several Creditors.

Also where it is

to receive Dividends, and to sign Certificate.

APPOINTMENTS.

Attorney (vote for assignees.

mission.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I (the creditor) of, &c. send greeting. WHEREAS a commission of bankrupt under Recital of comthe Great Seal of Great Britain hath been awarded and issued against (the bankrupt) of, &c. AND WHEREAS the said (bankrupt) is indebted to me in the sum of £

To appear be

fore the com

missioners.

Now KNOW YE, that I the Appointment of said creditor HAVE made, ordained, authorized, constituted, and apattorney. pointed, and by these presents Do make, ordain, authorize, constitute, and appoint (the attorney) of, &c. my true and lawful attorney for me and in my name, place, and stead, to appear before the commissioners in and by the said commission named and authorized, or the major part of them, at Guildhall, in the city of London, or elsewhere, at the days and times appointed, or to be appointed in the London Gazette, for the choice of assignees of the estate and effects of the said (bankrupt), and then and there for me and in my name, to vote in the choice of one or more assignee or assignees of the said bankrupt's estate and effects, as my said attorney, or the commissioners and creditors then present, shall think most fit and proper for the better management, getting in, and recovering and securing of the said estate and effects (2). AND FURTHER, to act, do, and perform To do all neces

(1) An authority to vote for a creditor in the choice of assignees cannot be included in a general power to one person to act for another; but it must be delegated by a special power, confined to the assignees, to be chosen under the particular commission, which power is always filed with the proceedings.

(2) If there is a probability of the creditor giving the power being chosen an assignee, it should extend to signing the assignment, in which

case, say,

"And in case I the said (creditor) should happen to be chosen an assignee under the said commission against the said (bankrupt), then

And there to

vote in the choice

of assignees.

sary acts.

Authority must be special.

Principal choseri

an assignee.

APPOINTMENTS.

Attorney (vote for assignees. Confirmation.

Power to receive dividends, and sign certificate.

One partner may sign.

Must be accom

panied by affida

all and whatsoever shall be needful and requisite to be done in and about or concerning the premises, as fully and amply to all intents and purposes as I might or could do were I personally present; I the said (principal) hereby ratifying, confirming, and allowing, and agreeing to ratify, confirm, and allow all and whatsoever my said attorney shall lawfully do or cause to be done by virtue of these presents. IN WITNESS (1), &c.

as my attorney, and for me and in my name to accept the said trust, and to execute a counterpart of the assignment to the commissioners."

If the letter of attorney be to receive dividends, and to sign the certificate of the bankrupt, say,

"For me and in my name, place, and stead, and to and for my sole and proper use and benefit, to ask, demand, sue for, recover, and receive of and from the assignce or assignees of the said bankrupt's estate and effects, my part and share of and in all such dividend or dividends, as the said commissioners, or the major part of them shall from time to time, and at all or any time or times hereafter, order to be made among the creditors of the said (bankrupt), who shall have come in and sought relief under the said commission, and which shall be due, owing, and payable to them, for or on account of the debts proved by them under the said commission; and on receipt thereof, for me, and in my name, and as my act and deed to sign, seal, deliver and execute all and every such, and sufficient receipts, acquittance, releases and discharges to the said assignee or assignees as shall be lawful and fit to be done; and also for me and in my name, and as my act and deed, to sign the said bankrupt's certificate, and my consent to the allowance thereof."

(1) If the creditors giving the power be partners, it is sufficient if one of them only sign the letter of attorney, for in matters of bankruptcy one partner is allowed (contrary to the general rule that one partner cannot bind another by deed; Harrison v. Jackson, 7 Durnf. and E. 207.) to execute powers of attorney for the choice of assignees, signing the certificate, &c. and which will be binding upon his co-partners. See Exparte Mitchell, 14 Ves. 597.

It will be necessary that the above letter of attorney should be vit of execution. accompanied by an affidavit of its having been duly executed; this may be made before a Master in Chancery, either ordinary or extraordinary, or before the commissioners viva voce. The 5 Geo. II. cap. 20. s. 26, enacting that the commissioners shall admit the proof of creditor's debt that shall live remote from the place of meeting, by affidavit, or solemn affirmation if the creditor be a quaker, and also permit any per

any

son duly authorized by letter of attorney from such creditors (oath or affirmation of the due execution thereof being made before a master in Chancery, ordinary or extraordinary, or before the commissioners vivâ voce, or if the creditors reside abroad, before a magistrate of the place where the party shall be residing, and together with the creditor's letter of attorney, to be attested by a notary public) to vote in the choice of an assignee or assignees of such bankrupt's estate and effects, in the place and stead of such creditor. The form of such affidavit may be as fol

lows:

"(The deponent), of, &c. maketh oath and saith that he was present, and did see (the creditor), of, &c. duly sign and seal, and as his act and deed deliver the letter of attorney hereunto annexed, and that the name of subscribed against the seal of the said letter of attorney is the proper hand-writing of the said (creditor), and that the names of this deponent, and of subscribed to the said letter of attorney, as witnesses to the execution thereof, are the own proper respective hand-writing of this deponent and of the said

Sworn, &c. before me,

A. B. Master in Chancery Extraordinary.

APPOINTMENTS.

Attorney (vote for assignées).

Affidavit of exe

cution of letter

of attorney.

Y

SUP.-VOL. I.

APPOINTMENTS.

Sub-attorney.

No. XCIII.

An Appointment of an Attorney in pursuance of a Power delegated to him by his principal for that purpose.

of attorney;

day of

TO ALL TO WHOM THESE PRESENTS SHALL COME, I (the original Recital of letter attorney) of, &c. send greeting. WHEREAS (the principal) of, &c. by a certain deed poll, or instrument in writing, under his hand and seal, bearing date the constituted and appointed me his true and lawful attorney, for the purpose of collecting and getting in the several debts and sums of money owing to him and power to sub- the said (principal), [or as the case may be,] and thereby authorized

stitute another.

Appointment of sub-attorney.

and empowered me from time to time to substitute, nominate, and appoint one or more attorney or attornies, under me, for all or any of the purposes in the said deed-poll mentioned. Now KNOW YE, that I the said (attorney), pursuant to and in exercise of the power and authority so given to me as hereinbefore is mentioned, HAVE nominated, substituted, and appointed, and by these presents Do nominate, substitute, and appoint (the sub-attorney) of, &c. in my place and stead, to act as and be the attorney of him the said (principal), and in his name or otherwise, to ask, demand, sue for, recover and receive all and every the debt and debts, sum and sums of money due and owing unto him the said (principal), and which have not been by me received and recovered, and which said debts, and sums of money are, or are intended to be set forth in the schedule hereunder written, and upon receipt or recovery thereof, receipts, releases, and other proper and sufficient discharges and acquittances to give for the same, I the said (original attorney) hereby giving and granting unto the said (sub-attorney) my whole power and authority, as attorney of the said (principal), to take, commence, use, exercise, and prosecute all lawful actions, remedies, suits, expedients, and means, which may be necessary or expedient in or concerning the premises as