No. LXXXVII.

An Appointment of an Attorney to receive seisin (1).

APPOINTMENTS

Attorney (receive seisin).

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the feoffee) of, &c. sends greeting. WHEREAS, by an indenture of feoffment, Recital of feoff. bearing or intended to bear even date with these presents, and ment. made or expressed to be made between (the feoffor) of, &c., of the one part, and the said (feoffee) of the other part, a capital messuage or dwelling house, with the lands, tenements, hereditaments and appurtenances thereunto belonging, situated at in the

,

county of
in the said indenture more particularly
described, were granted and enfeoffed unto and to the use of the said
(feoffee), his heirs and assigns, for ever. Now KNOW YE that the said
feoffee) HATH nominated, constituted, and appointed, and by these
presents DOTH nominate, constitute, and appoint, (the attorney)
of, &c. his true and lawful attorney, for him, and in his name and
stead, to receive and take of and from the said (feoffor), or his heir,
or his or their certain attorney or attornies, lawfully authorized to
deliver the same, full and sufficient seisin and possession of all and
singular the messuages, lands, tenements, and hereditaments in the
said indenture of feoffments described, and thereby granted and en-
feoffed or otherwise assured or mentioned, or intended so to be, with
the appurtenances, or of any part or parcel thereof, in the name of
the whole, to and for the use and behalf of the said (feoffee), his
heirs and assigns, according to the purport and effect and true
intent and meaning of the same indenture. IN WITNESS, &c.

Appointment of

attorney to re

ceive seisin.

(1) See ante, MOD. PREC. 3d Edit. Vol. I. No. XVII. p. 226. n. (1). But a purchaser or other grantee is not bound to accept of a conveyance or livery by the attorney of the grantor; see ibid. and Noel v. Wiston, 6 Mod. Rep. 50.

APPOINTMENTS.

Attorney (receive

insurance mo

ney).

No. LXXXVIII.

*An Appointment of an Attorney to receive Insurance Money from an Underwriter.

cies, &c.

in

KNOW ALL MEN BY THESE PRESENTS, that I (principal), of, &c. Recitals of poli- send, greeting. WHEREAS I, the said (principal) on or about the day of shipped or caused to be shipped in and upon a certain ship or vessel called the whereof (master) is master, the goods and merchandizes mentioned in the schedule hereunder written, which said goods and merchandizes were shipped on board the said vessel at and destined for the port of and for which said voyage the said ship or vessel sailed on or about the day of now last past: AND whereas I the said (principal) caused sundry policies of insurance to be underwritten by certain underwriters, for assuring the said goods and merchandizes from loss and damage by sea, as by the said policies of assurances, dated respectively the &c. reference being (thereunto had), will and may more fully and at large appear: AND whereas the said ship or vessel was, by stress of weather, forced into

Appointment of ceive sums due.

attorney to re

day of

and

her said cargo totally damaged and spoiled, and I the said (principal)
have thereby sustained a loss to the full amount of the sum assured in
and by the said several policies of assurance. Now I the said (princi-
pal) HAVE made, ordained, nominated, constituted and appointed, and
by these presents Do make, ordain, nominate, constitute, and appoint
(attorney), of, &c. my true and lawful attorney, for me and in my
name, and for my use, to ask for, demand, and receive of and from
the several underwriters and insurers signing and subscribing the said
or any other policies, of insurance for insuring the said goods and
merchandizes shipped by me the said (principal) on board the said
ship or vessel called the
or of and from their several and re-
spective executors, or administrators, or whomsoever else it doth,
shall, or may concern, or belong to pay the same, the sum or
several sums of money which I the said (principal) may be entitled
to recover of and from the said underwriters or insurers, by virtue of

APPOINTMENTS.

Attorney (re

ceive insurance

money).

the said policies of insurance or any or either of them, and all such costs and charges which I or my said attorney may have been or shall be put to touching the premises; and in default of payment of the same, or any part thereof, for me the said (principal) and in my name to commence and prosecute with effect, any action or actions, suit or suits, either at law or in equity, against the said insurers and underwriters, any or either of them, their or his executors, or administrators, or whomsoever else it doth, shall, or may concern, or belong to pay the same, for the recovery and enforcing the payment thereof, or any part thereof; and on payment of the said several sums so insured, or any part thereof, for me the said (principal), and in my name to give, sign, seal, and execute proper receipts, or other good and sufficient discharges for the same; and also for me the said (prin- And give recipal), (if he the said (attorney) shall see fit) to compromise, conclude, and agree, either by arbitration or otherwise, the several and respective claims and demands which I the said (principal) have against the said insurers and underwriters, any or either of them, by virtue of any such policies of insurance; and generally for me the said (principal), and in my name to do, transact, and perform all and every other thing and things, act and acts whatsoever, touching and concerning the said policies of insurance, any or either of them, as fully and effectually to all intents and purposes whatsoever as I the said (principal) might or could do if personally present. And also, &c. [power to appoint another attorney] (1). I hereby ratifying, &c. (2). IN WITNESS, &c.

ceipts, &c.

SCHEDULE

ABOVE REFERRED TO.

(1) See ante, p. 256.

(2) See ibid.

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

count.

APPOINTMENTS.

Attorney (receive freight).

No. LXXXIX.

*An Appointment of an Attorney to receive the Freight of a Ship.

KNOW ALL MEN BY THESE PRESENTS, that I, (master) of, &c.
master of the ship or vessel called the
of the burthen of

tons or thereabouts, have made, constituted and appointed,
and by these presents Do make, constitute and appoint (attorney)
of, &c. part owner of the said ship, [or as the case may be], to be
my
true and lawful attorney, for me, and in my name, and for my use,
and the use of the rest of the part owners of the said ship, to de-
mand, levy, and receive, by all lawful ways and means, of and from
G. and H. of
merchants, their executors and administrators,
and any and every of them, and all others whom it doth or shall con-
cern, to pay the same and every sum or sums of money which now is
or are due, owing and payable by and from them, or either of them,
as freight or otherwise, for or in respect of any goods or merchandizes
imported in the said ship in her late voyage from

by virtue of a charterparty dated, &c. or otherwise howsoever; and upon receipt of all or any such sum or sums of money, to give sufficient receipts and discharges for the same. I hereby giving unto him, my said attorney, full power and authority in or concerning the premises, in all things as I now have or then should have had if these presents had not been made (1).

(1) The above is the usual form, but the like additions may be made as in the preceding forms, which see in the margins.

APPOINTMENTS.

No. XC.

*An Appointment of an Attorney from the Directors of an Insurance Company to sign Policies of Insurance, &c. agreed for.

KNOW ALL MEN BY THESE PRESENTS, that we (directors), three of the directors of the Assurance Company, London, being duly authorized for that purpose on the behalf of the said Company, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint (attornies) of to be our true and lawful attornies in

, giving and hereby granting

or for and within the county of
them full power and lawful authority for us and in our names and on
our behalf, and in the name and behalf of and for the said

Assurance Company, to underwrite and sign such policies of in-
surance against loss or damage by fire, as they the said (attornies)
may judge for our interest and the interest of the said company, (each
policy not exceeding the sum of £ ), on houses, furniture, ware-
houses, churches, chapels, and goods in warehouses within the said
county; and also to insure against fire, ships building or repairing
or laid up in harbour in any river, dock, or port in or adjoining to
the same county, or any part thereof; and for us, the said (direc-
tors) to regulate, adjust, settle, and pay all damages which may hap-
pen by fire to any such houses, furniture, warehouses, churches,
chapels, goods in warehouses, ships, or other property by them so in-
sured; and likewise to compound and agree by arbitration or otherwise
concerning the same, as they the said (attornies) shall judge expe-
dient or advisable; and also to appear before all or any lords, judges,
and justices in any court or courts, office or offices at aforesaid,

or in any other place or places, there for us to do, say, and act as
occasion shall be or require; and generally for us the said (direc-
tors), and in our names and on our behalf, and for and in the
name and on the behalf of the said
Company, to do, trans-
other thing and things,

act, perform and conclude all and every

Attorney (execute fire policies).