Gambar halaman
PDF
ePub

MENT.

the same,

nor revoke

ASSIGN- charged all or any of the monies due or to grow

due on the said bonds, warrants of attorney, or Bonds and judgments when entered up as aforesaid, or any

Allurney. of them. And that he the said (assignor) his Nor will release executors or administrators, shall not nor will at or discharge the any time hereafter, receive, release, or discharge monies,

such 'monies, or any part thereof, or the said

bonds, warrants of attorney, or judgments, or any nor prejudice of them; nor release, nonsuit, vacate, or disavow proceedings for

any suit or other legal proceeding to be had, made, or prosecuted by virtue of these presents, for the suing for, recovering, releasing, or discharging the said monies, bonds, warrants of attorney, or judginents, or any of them, without the licence of the said ( assignee) his executors, administrators, or assigns, first had and obtained in writing for

that purpose; nor shall or will revoke, invalidate, these presents;

hinder, or make void these presents, or any au.

thority or power bereby given, without such but will make licence as a foresaid. And that he the said (as

signor) his executors and administrators, shall and will at the request and charges of the said (assignee) bis executors, administrators, or assigns, at any time make, do, and execute any further and other lawful and reasonable act in the law for the better enabling bim or them to recover and receive all and singular the hereby assigned monies and premises to his and their own use and bene. fit, as by him and them, or his or their counsel in the law shall be advised or required, so as the said (assignor) his executors or administrators, for the doing thereof be not compelled or com

pellable to travel from his or their then place of Assignee cove. habitation or abode, And the said (assignee) Dants to indem. nify assignor for himself, his executors, administrators, and against costs.

further assurance.

ASSIGN.
MENT.

assigns, doth covenant, promise, and agree to and with the said (assignor) his executors and administrators by these presents, that he the said (as- Bonds, and signee) his executors or administrators, shall and Attorney. will at all times indemnify the said (assignor) his executors and administrators, of, from, and against all costs, charges, expences, and damages which they, or any of them, shall pay, sustain, or be put unto, for, or by reason, or on account of any proceeding to be had either in law or equity, on account of the premises by virtue or means of these presents, so as the same do not arise or accrue through the collusion or act of the said (assignor). IN WITNESS, &c.

N. B. Assignment of a bond is a covenant that the assignee shall receive it; per Holt, Lord Raym. 271.: therefore the assignment does not transfer the duty, but operates as a contract to transfer the benefit, and is in such cases in the nature of a covenant to transfer. 2 B1. Com. 442.

POWERS OF
ATTORNEY.

POWERS OF ATTORNEY.

To take care of
Estates, &c.

No. XIII,

A General Power of Attorney from a Nobleman

on his taking a Tour into Foreign Parts to his Brothers, to take care of his Estates, &c. during his Absence.

his lordship is about to take a tour;

TO ALL PERSONS WHOM these presents shall come unto and concern; The Right Honourable of

(the Recites that principal) sendeih greeting. Whereas the said

(principal) intends in a short time to make a tour into foreign parts, and is desirous that all his estates and affairs whatsoever may be duly taken care of, and properly and effectually managed and transacted during his absence from England,

and until his lordship shall in due form of law And that monies revoke these presents. AND WHEREAS certain very the funds pre- considerable sums of money were placed in some rjous to his marriage. or one of the public funds previous to or upon

the marriage of his lordship with the Right Honorable the Lady now Lady

his wife; and by their marriage settlement vested in trustees, and settled to and upon the uses, trusts, and purposes therein expressed and contained.

AND WHEREAS his lordship hath purchased, by purchased divers freehold, and with his own proper money, and is now in copyhold, and

his own right seized, possessed of, and entitled unto, several freehold, copyhold, and leasehold

estates in England and Wales, which his lordthe trustees of ship is desirous may be sold and conveyed for settlement in him, and in his name by his attornies hereinafter

That he had

leasehold estates, wbich he was desirous should be sold and conveyed to

stance.

ATTORNEY.

Estates, &c.

appointed, or either of them, either jointly or se- POWERS OF parately to the trustees of and in the said marriage settlement, to be settled, limited, and assured To take care of to and upon the like uses and trusts as are therein expressed and contained, if the said trustees shall think fitting; and if they the said trustees will, out of the trust money now standing and being in their or some of their names, in some or one of the public funds, pay or cause to be paid to his lordship’s said attornies or either of them, the fullconsideration money which shall appear to have been paid by his lordship for the same ; or in case the said trustees shall not think fit so to purchase all or any part of the said estates, then his lordship’s will is, that such estates, be the same freehold, copyhold, or leasehold, which shall happen to be unpurchased by the said trustees, or any of them, shali and may be sold and conveyed for his lordship and in his name, by his said attornies hereinafter appointed, or either of them, to any person or persons who will contract for the same by all and

every such lawful ways and means in the law as to his said attornies or either of them, or to their or either of their counsel learned in the law shall seem fit and necessary. Now KNOW YE, that the power the said (principal) hath made, ordained, constituted, and appointed, and by these presents doth make, ordain, constitute, and appoint (two of his lordship's brothers) his true and lawful attorney and attornies, jointly and separately with full and absolute power and authority for him the said (principal) and in his name, and for and on his as to the stock

or funds; behalf, either jointly or separately to sell, assign, and transfer all or any of the stock that now is, or at any time hereafter may be standing in his lord

ATTORNEY.

c.

POWERS OF ship's name, in all or any of the public funds ;

and to receive all dividends, interest, produce, To take care of and premiums, or any part or parcel thereof that

now is or shall at any time hereafter become due and payable to any person or persons who will accept thereof, or any part or parcel thereof, and at and for such price as his said attorneys or either of them, can either jointly or separately get for the same, and to sigo the transfer book or books, or any other book or books or writing, according to usage and custom, and to receive and give proper receipts for the monies arising by and on such sale, assignment, or transfer, ard to accept any stock to be sold and transferred to his lordship’s own proper account, either in his lordship's own name, or in the names or name of his said attorneys or either of them for his lordship's use, and to do

or cause to be done all things proper and needAs to money in ful therein and thereto. AND ALSO, for his lordbis ford ship.to ship and in his name, to ask, demand, levy, sue,

for and by all lawful ways and means whatsoever, to recover and receive of aud from all and every person and persons, of what degree or quality soever whom it may concern, all such sum and sums of money which they or any of them now owe, or shall at any time or times hereafter owe or stand indebted, or have in their or any of their hands, custody, or possession, to his lordship due, owing, payable, or belonging, in any wise howsoever; and for the purposes aforesaid, to account and to view, state, settle, and adjust all accounts, and the balance thereof to receive, and upon recoveries or receipts to perfect and give in his lordship’s name such acquittances or other sufficient discharges as shall be requisite; but in

« SebelumnyaLanjutkan »