184 LETTERS OF ATTORNEY OR PROCURATIONS. and to receive Indies. By this public instrument of procuration or letter From an exeof attorney, be it known to all whom it may concern, cutor, to ma that on this day of, &c., in the year of our Lord nage affairs, before me, J. M., of, &c., notary-public, debts, &c., in by royal authority duly admitted and sworn, and in the West 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, &c., in the island of, &c., but late of, &c.; 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 witnesses, declare to have made, ordained, nominated, constituted, and appointed, and that by these presents he doth make, ordain, nominate, constitute, and appoint, C. D., of, &c., his the said A. B.'s, as such executor as aforesaid, true and lawful attorney, for him, 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 in which he, the said E. F., was in his lifetime interested, or in which his executors are now interested; and for him, the said C. D., for and in the name of the said appearer A. B., as such executor of the said E. F. as aforesaid, to ask, demand, sue for, recover, and receive of and from G. H., of, &c., in the said island of, &c., and of and from all that and every other person and persons whom it doth, shall, or may concern, at, &c., in the said island of, &c., or in any other island or islands in the West Indies, all such sum and sums of money whatsoever, which now is or are due and owing, or which shall hereafter become due and 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 such 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 such executor as aforesaid, 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, as 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 upon or by virtue of the balance of any account or accounts, or by 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, and chattels paid to the said C. D. for the use of the said A. B., as such executor as aforesaid, to transmit the same as soon as convenient may be, by such ways and means as he, the said C. D., in his discretion shall think proper. And also for him, the said A. B., and in his name as such executor as 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 or delay in bringing in, adjusting, and settling such accounts, he, the said A. B., as such executor as aforesaid, doth hereby fully authorize and empower the said C. D., in the name of him, the said A. B., as such 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 his or their respective accounts. And he, the said A. B., as such executor as aforesaid, doth hereby further authorize and empower the said C. D., for and in the name of the said A. B., as such executor as aforesaid, and as his act and deed as such executor as aforesaid, to make, sign, seal, deliver, and execute any deed or instrument whatsoever, which to him, the said C. D., shall seem just and equitable, touching or concerning, or which may in any way relate to the discharging of any person or persons whomsoever on whom the said E. F. in his lifetime had any claim or demand, 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., as such executor as aforesaid, doth hereby authorize and empower the said C. D. to substitute or 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 such 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 rest in such substitute and substitutes as the said C. D. shall appoint. And generally, for him, the said A. B., as such executor as aforesaid, to do, transact, and perform all and every act and acts, thing and things, needful To recover and receive inoney aris cargo of a ship stranded. 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 he, the said A. B., as such executor as aforesaid, could or might do and transact, if personally present; the said A. B. hereby ratifying, allowing, and confirming, and agreeing to ratify, allow, and confirm, all and whatsoever the said C. D., or his substitutes or substitute, shall legally do or cause to be done by virtue of these presents. In witness, &c. By this public instrument, &c., [as in last precedent,] and in the presence of the witnesses hereuning from the der written, personally came and appeared C. D., of, &c., who declared to have made, ordained, constituted, and appointed, as by these presents he doth make, ordain, constitute, and appoint, E. F. and G. H., of, &c., to be his true and lawful attorney and attorneys, jointly and separately, giving and by these presents granting unto his said attorneys full power and authority, for him, the said constituent, and in his name, to ask, demand, have, take, and receive of and from the commissioners appointed for the care of the cargo shipped and laden on board the said ship, or whomsoever else it doth, shall, or may concern, all such sum and sums of money as may have been made by the sale and produce of the several goods shipped by him, the said constituent, on board the ship called the, &c., whereof, &c., was master, on a voyage to, &c., the particulars of which goods are mentioned in the invoices hereunto annexed, (which said ship stranded on her voyage on the day of last,) and for what shall be received by his attorneys, or either of them, in the name of the said C. D., either as the consignor of the said goods, or as the underwriter or insurer thereof, full and sufficient receipts, acquittances, and discharges to give; and upon non-payment thereof, or of any part thereof, for him the said constituent, and in his name, to commence and prosecute any action or actions, suit or suits, in any courts of law or equity, and to use any other law ful or equitablé ways and means for the recovery of the same, and every part thereof, giving, &c. PROTESTS. A. B., master of the ship or vessel called the, &C., Entries of of the burthen of tons or thereabouts, laden with, protests.* &c., sailed from, &c., on the and put into, &c., on the day of, &c., last, day of, &c., also last past, where she was wind-bound until the day of the said month of, &c., when he again set sail, and she arrived at her moorings off, &c., in the river Thames, this 18 ; but fearing damage, he enters his protest accordingly. day of By this public instrument of protest, &c., that on, Protest &c., before me, J. M., notary-public, &c., personally against the came and appeared A. B., master of the ship or vessel called the, &c., of the burthen of tons or set thereabouts, belonging to the port of, &c., and C. to * seas. form. A. B., master of the ship or vessel called the, &c., of Another the burthen of, &c., tons or thereabouts, laden with, &c., sailed from, &c., on the day of, &c., now last past, and she arrived at her moorings at, &c., in the river Thames, the day of this présent month of, &c.; but fearing damage, he enters his protest accordingly, dated the day of, &c., 18 ་ |