hnbefe mentd to be comprised in the sd in pt recited Of Money. indre with the appts shall from and after the several deceases of them the sd (H) and the sd (W) be and remain and the sd (T) and their hrs and all and evy or. psn and psns and his and their hrs standing and being seised of and in the sd messe tent and preses above recited shall at all times after the death of the sd (H) and (W) stand and be seised thof and of evy pt and pcl thof with the apts to the use and behoof of, &c. his hrs and ass for ever and to and for no other use intent or purpose whatsr Provided nevss That these prests shall not nor shall any thing hincontd extend or be construed to extend to the prejudice of any issue of the sd (W) by the sd (H) in case such issue shall happen to be hraftr born In Witness, &c. Appointment and Disposition of Money by a to trustees To all, &c. (see p. 96) Whas in and by certain Recital of a articles of agrt bearing date, &c. and made betn, &c. conveyance reciting among other things That there was a marriage of a mortintended to be had between the sd (appointor) and (hus-gage to the band) of, &c. And that (trustees) were possd of and in- use of wife. terested in a mtge made by, &c. In trust for the sd (4) he the sd (H) did thby covt and agree with the sd (T) that they the sd (T) shd from thenceforth stand possd of and interested in the sd sum of £owing by the sd (mortgagor) and in the mtgd lds whby the same was secured upon the trusts and to and for the intents and purps following that is to say In Trust That they shd rece the int thof and pay the same into the hands of (A) for her separate use and that the sd (H) shd have nothing to do therewith And furr that the sd (4) might during Wife to apher life or by her last will or by any or. writing whe- point. ther she should be sole or under coverture witht the consent of the sd (H) give and dispose of the sd sum of £or any pt thof to such psn and psns and in such manner and form as she shd think fit And whas the sd (A) hath since intermarried with the sd (H) and bath recd all the int of the sd sum of £ — until the day of the date hereof and the sd (mortgagor) hath also pd in the sd principal sum of £- Now, &c. (see p. 96) Testatum. that she the sd (A) by virtue, &c. Hath hby disposed directed and apptd and by, &c. Doth, &c. the sd (T) to pay £pt of the above mentd sum of £ &c. and the sum of £ unto, being the residue thof unto, &c. And the sd (4) doth hby declare that such paymts K was Of a to the sd, &c. with each of their rects resply shall be as Chaplain. effectual and full discharges as though the sd £actually pd to and recd by herself In Witness, &c. Stamp. Appointments Delegating an Authority. Obs. As to appointments of this description, see Pref. § 9—13. Appointment of a Chaplain. Obs. 1. By the 21 Hen. VIII. c. 13, archbishops are authorized to have eight chaplains; dukes and bishops six; marquises and earls five; viscounts four; barons, knights of the garter, and lord chancellor, three; duchesses, &c. two; the treasurer and comptroller of the king's household, the king's secretary, the dean of the chapel, the king's almoner, and the master of the rolls, two; the chief justice of the King's Bench, and the warden of the Cinque Ports, one; each of whom may have a license or dispensation to keep two benefices. By 28 H. VIII. c. 13, s. 2, the judges of the King's Bench, of the Common Pleas, the chancellor and chief baron of the Exchequer, the king's attorney and solicitor general, and by the 33 H. VIII. c. 28, the chancellor of the duchy of Lancaster, &c. may each of them have one chaplain, having one benefice with each. And by these Acts, chaplains so appointed are exempted from residence, so long as they shall abide and dwell without any fraud, &c. or covin in any of the said honourable households. It is necessary, by 21 Hen. VIII. c. 15, s. 22, that this appointmeut should be sealed as well as signed. 2. A stamp of 21. Know all, &c. That I the Right Hon., &c. have admitted constituted and apptd and by, &c. the Rev. A B of, &c. to be my domestic chaplain and to have hold and enjoy all and singr the benefits liberties privileges and advantages due and of right granted to the chaplains of nobility by the laws and statutes of the realm In Witness, &c. Appointment of a Chaplain by a Bishop. Know all, &c. That we by divine permission Bishop of for and in conson of the learning good life and sincere religion of our beloved in Christ A B clerk have nominated, &c. and do, &c. In testimony whof we have put our seal which we use in this case to these prests and have subscribed the same this day of in the yr of our Lord Christ and in the yr translation, &c. Appointment of a Parish Clerk. of our Obs. 1. By the common law and custom of the realm, incumbents have the right of nominating the clerk of the parish, Gibs. 214; unless where the parishioners claim the right by prescription of electing in open vestry. 3 Burn, Ecc. L. 66. 2. If under hand only, and the fees only amount to 50%. no stamp appears to be necessary. Know, &c. That I (appointor) of, &c. have nominated ordained and appointed and by, &c. to be the parish clerk of the parish church of, &c. in the room stead and place of the sd And the sd office to have and exte by himself his deputy or deputies for and during the terin of his natural life and during the same time to have perceive receive and take all such wages fees dues duties profits and emoluments as belong and are and shall be due to the sd office and of right ought to belong to the same in as large and ample a manner as the sd of or any of his predecessors clerks of the sd parish have had or ought to have had as due and accustomed to the sd parish clerk In Witness, &c. Appointment of a Deputy Steward. Obs. As to the appointment of a deputy by another deputy, see Pref. § 13. Know, &c. that I (appointor) of, &c. steward of the manor of in the county of by virtue of the power and authority given to me by CD of, &c. lord of the sd manor Do by these prests constitute and appt E F of, &c. my deputy or understeward of the sd manor during my pleasure Given under my hand and seal this day of 19 Appointment of Executors under a Power in a Will. To All, &c. we A B of, &c. and C D of, &c. send greeting (recite will and death of the executors) Now know ye That we the sd A B and C D surviving exs of the last will and testament of the sd (testator) do and each and evy of us doth pursuant to the power and authority to us given in and by the sd will of the sd (T) as afd as far as in us lieth and we lfully can and may by these prests choose nominate and appoint E F of, &c. and GH of, &c. to be exs of the will of the sd (T) in the room and place of the above named executors K L and M N to act in conjunction with us the sd A B and C D in all matters and things relating to the sd extshp And we the sd A B and C D do and each of us doth hby give and appt unto the sd E F and G H all and evy the power and authority which we may can or ought to give and commit by virtue of the will of the sd (T) to any psn or psns in the room of the above named K L and MN togr with the allowances mentioned in the sd will for their and each of their trouble and care in acting in Of a Deputy. In Of an the exon of the sd will for so long time as they the sd Executor. E F and G H or either of them shall act therein Witness, &c. Stamp. Appointment of a Gamekeeper. Obs. 1. The 1 & 2 Will. IV. c. 32, by which the game laws are consolidated into one Act, provides in s. 13, 14, that any lord of a manor may appoint, in writing, under his hand and seal, one or more person or persons as a gamekeeper or gamekeepers, to preserve and kill the game within the limits of such manor, for the use of such lord, and authorize such gamekeeper or gamekeepers to seize and take all dogs, nets, and other engines; and by s. 16, it is provided, that such appointments must be registered with the clerk of the peace for the county. 2. A stamp of 17. 15s. Know all men, &c. That I AB of, &c. Lord of the manor of in the co of do hby nominate and appoint CD of, &c. to be gamekeeper during my pleasure of and in my sd manor and all the royalties rights members and apts thereunto belonging and for my use to keep and preserve the game from time to time and to kill them for my use under my orders and directions and to take seize and detain all guns dogs ferrets nets snares wires and other engines whatsr for the unlawful taking and destroying the sd game found in or upon the sd manor And furr I do hby give and grant unto him the sd C D during my pleasure full power and authy to do all and evy other lful act which may be requisite and necessary for the preservation or pursuit of the sd game In Witness, &c. Signed sealed and delivered being first duly stamped in the presence of Appointments of Guardians. } A B GH Obs. 1. The appointment of guardians in writing is made in two cases, namely, by the father or by the infant. By the 12 Car. II. c. 24, the father, although under the age of 21, may by deed or will, attested by two witnesses, appoint who shall be the guardians of his children after his decease; and guardians so appointed are called testamentary guardians, whose appointment shall be effectual against all claiming as guardians in socage or otherwise. 2 Fonbl. Equit. 247, 5th ed. It is immaterial by what words the guardian is appointed, provided the father's intention is sufficiently apparent. Swinb. Pt. 3, c. 12. 2. A father cannot by law appoint a guardian of children not born in wedlock, but the Court of Chancery will for the most part appoint the persons named in the father's will to be guardians. 2 Cox. Ca. 46. 3. When an infant has no such property as attracts guardianship, and is destitute of any lawful guardian, by the appointment of the father or otherwise, he may at any age appoint such person as he may think proper, to be the guardian of his estate and person. Also after the age of fourteen, when the custody of the guardian by socage terminates, the minor is at liberty, for want of a guardian by the father's appointment, to elect one for himself; and in some instances has been called upon by the Court of Chancery so to do. Fonbl. Eq. 235, 5th ed. Of a Guardian. 4. If the appointment be, as it usually is, under hand and seal, Stamp. and delivered as a deed, the stamp of 35s. is chargeable upon it. Appointment of a Guardian by a Father. Obs. As to the appointment by the father, see Obs. 1 and 2; and as to the stamp, see Obs. 4. Know all Men by these Presents, That I, A B of, &c. have committed and disposed and by these presents do commit and dispose unto (wife) my wife the custody tuition and education of (children) my children from and after my dece until such of them as are sons shall attain the age of 21 and such of them as are daurs shall attain that age or marry And in case my sd wife shall happen to die before me or after my dece should marry again before my sd children should attain their respective ages of 21 or marry as afd then and in such case I do commit and dispose unto G D such care and guardianship and beg of the sd G D to take upon him such charge for the good of my sd chn In Witness, &c. Appointment of a Guardian by an Infant. Obs. As to appointment by the infant, and the stamp, see Obs. above. Know all men, &c. That I, A B son and heir of A B of, &c. decd being of the age of fourteen years and upwards have elected nominated and apptd and by these prests do elect nominate and appt E F of, &c. guardian of my psn and este to do exte and perform during my minority all such acts matters and things whatsr for me and on my behalf as a guardian may or ought to do And I do hby promise to be ruled and governed by him in all things touching my welfare (a) In Witness, &c. Appointment of Receiver to secure Rents to Mortgagee. Obs. 1. The appointment of a receiver, if made by deed, may either be by way of power of attorney or by way of demise to the receiver. The first, which is the more usual form, is frequently made in the mortgage deed under which the receiver is to act; but (a) If it be necessary, add, ' And I do also hby authorize and empower the sd (guardian) to enter upon and take possession of all and evy my messes and tents lds heredts and preses whatsr situated lying and being in the co of or elsewhere and to let the same and take the rents and profits thof during the term afd And whatsr he shall fully do in the preses I do hby promise to confirm.' |