APPOINTMENTS. Attorney (exe act and acts whatsoever, touching and concerning the premises above cute fire policies). mentioned, as fully and effectually to all intents and purposes whatsoever as we the said (directors) might or could do if personally present, hereby promising and agreeing to ratify and confirm and hold for good and valid all and whatsoever they the said (attornies) shall legally and lawfully do or cause to be done in and about the premises by virtue of these presents. IN WITNESS, &c. No. XCI. An Appointment of an Attorney to surrender Copyhold Premises. APPOINTMENTS. Attorney (surrender copy holds). KNOW ALL MEN BY THESE PRESENTS, that I (the principal) of, &c. one of the copyhold or customary tenants of the manor of in the county of HAVE made (1), ordained, deputed, Appointment of constituted, and appointed, and by these presents Do make, ordain, attorney. depute, constitute, and appoint (the attorney) (2) of, &c. my true and lawful attorney, for me the said (principal), and in my name, place, To surrender and stead, to surrender into the hands of the lord or lords, or lady or premises. (1) It is not necessary that the surrender of copyhold premises should Copyholds may be made by the copyholder in person; he may, in many cases, appoint be surrendered an attorney for that purpose, and a surrender made by such attorney will by attorney. be equally operative as if made by the copyholder himself. A purchaser, however, is not compellable (unless under peculiar circumstances, rendering a personal surrender impossible) to accept of a surrender made by an attorney; Mitchell v. Neale, 2 Ves. 679; for the power may be revoked the next moment, in which case the surrender, being founded upon it, would be void, and the purchaser driven into a Court of Equity for relief. If, however, the copyholder be a person non compos, or an infant, he is prohibited by the common law from making an attorney; and the statute 9 Geo. İ. c. 29. which enables feme coverts and infants to make attornies for the purposes of admission, has no relation to surrenders; and although a husband may, in most cases, appoint an attorney for himself and his wife, yet that cannot be done in the present instance, it being necessary that the wife should on her surrender be examined privately by the steward to ascertain that there was no coercion by her husband, and which would be frustrated by his appointment of an attorney, for a person it is clear cannot be examined by deputy; and see 1 Watk. Copyh. 66; and so it also is of executors, or other persons appointed to sell copyhold lands, who cannot surrender by attorney, for they are themselves no more than attornies, or persons authorised to do the thing directed, Co. Copyh. s. 34. 9 Co. 75. b. Feme coverts, or infants, may however, be attornies to make the surrender, because they act merely as instruments, and ministerially, without the necessary exercise of any judgment or discretion; Co. Lit. 52. a. (2) If two persons be appointed attornies, see ante, p. 255. n. (1). Two attornies. Attorney (sur render copyholds). 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 Variations where it is given by several Creditors. Also where it is APPOINTMENTS. Attorney (vote for assignees. mission. attorney. fore the com 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 £ Now KNOW YE, that I the Appointment of said creditor HAVE made, ordained, authorized, constituted, and арpointed, 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 commis- To appear besioners 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 missioners. And there to vote in the choice of assignees. sary acts. (1) An authority to vote for a creditor in the choice of assignees can- Authority must not be included in a general power to one person to act for another; but be special. 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 Principal chosen an assignee. APPOINTMENTS. Attorney (vote for assignees. Confirmation. Power to receive dividends, and sign certificate. One partner may sign. 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 assignee 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. Must be accom panied by affida 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 vivâ voce. The 5 Geo. II. cap. 20. s. 26, enacting that the commissioners shall admit the proof of any 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 |