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Frederick Prideaux.

Prideaux's forms and precedents in conveyancing : incorporating Wolstenholme's forms and precedents with dissertations and notes on its law and practice (Volume 2) online

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relation to any such purchase as my said Attorney [Attorneys
or Attorney] shall think fit.



1180



(precedents) powers of A^lTORNEY



To sur-
render copy-
holds (/).



To re-enter
and expel
tenant.



To receive
bond debt.



To receive
legacy.



Surrenders
in person.



4. At the next or any subsequent Court to be holden for the

Manor of , in the County of , or out of Court to surrender

into the hands of the lord or lords for the time being of the same
Manor, by the hands and acceptance of the steward or deputy
steward, by the rod, according to the custom of the said Manor

All those three cottages or tenements, situated at (which

jDremises are part of the hereditaments to which I was admitted
tenant at a Court held for the said Manor on the day of ),

To THE USE OF E. F., of, &c., and his heirs, at the will of the
lord according to the custom of the said Manor, at and under
the accustomed rents, suits, and services ; And to do and execute
all such acts, matters, and things as shall be necessary or expedient
for making such surrender as aforesaid, and for procuring the said
E. E. his heirs or assigns to be admitted tenant or tenants of the
said coi^yhold premises, and as fully and effectually to all intents
and purposes as I myself could or might do if I were personally
present.

5. To re-enter into and upon the messuages, lands, and here-
ditaments situated at, Szc, comprised in and demised by a certain

Indenture, dated the day of , and made between me, of

the one part, and G. H., of the other part, or into and upon any
part of the premises in the name of the whole, and the said G. H.,
and all other tenants and occupiers thereof, thereout utterly to
expel, remove and put out, and for the j^urpose of obtaining
possession of the said premises to take all such steps and pro-
ceedings at law or otherwise, and to do all such matters and
things my said Attorney [Attorneys or Attorney] shall think fit.

6. To ask, demand, receive, sue for, and recover from X. Y.,

of, &c., the sum of £ owing to me from him on a Bond dated,

&c., and all interest due in respect thereof, and to give a proper
receipt and discharge for the same.

7. To ask, demand, sue for, and receive of and from the
executors of the Will of G. H., deceased, or other the person or
persons liable to pay the same

All THAT legacy of ^1,000 bequeathed to me by the said Will
(after deducting the legacy duty thereon), and all interest (if
any) due in respect thereof, and to give an effectual receipt



(/') In some manors, by custom, the surrender is required to be made in
person : Mitchel v. Neale (1755), 2 Ves. Sen. (579. The Copyhold Act, 1894,
s. 84 (2) provides that any person may be admitted by his attorney appointed
orally or in writing.



SPECIAL POWER OF ATTORNEY. 1181

and discharge for the said legacy and interest to the person or
persons paying the same.

8. To receive from the executors and trustees of the Will of To receive
my father, G. H., deceased, or other the jDerson or persons liable residuary
to pay or account for the same, estate.

All that my one-third share or other my share or interest
under the trusts of the said Will in the proceeds of sale of the
real and residuary personal estate of the said testator (which
real and residuary personal estate were by the said Will vested in
trustees upon trust for sale and division among the testator's
children, as in the said "Will mentioned), and in the rents and
annual income of the said real and residuary personal estate until
the sale, and division thereof, and all other (if any) the money
payable to me under the said Will or any property real or
personal appropriated to answer my share or interest : And also To settle
to examine, approve, and allow, or (at the discretion of my said
Attorney [Attorneys or Attorney] ) to disapprove and disallow all
such accounts as shall from time to time be furnished by the
said executors and trustees concerning the real and personal
estate of the said testator, and tlie application and disposition
thereof, and to comjiound, submit to arbitration, or otherwise
settle all or any questions or disputes which may arise
in relation to such accounts or to the testator's estate: And also To permit
to permit the said executors and trustees to postpone the sale oTsa^ieTnd^^
and conversion of any part of the said real and personal estate, '•^"^'ei'sion.
for so long as m.ay be thought desirable, and to accept any part
of the trust property unconverted in or towards satisfaction of my
share or interest : And also ujDon the distribution of the said estate To execute
and the proceeds thereof to execute for me and in my name to exeTurors°and
the said executors and trustees such receipts, releases, and dis- t™^**^'^^-
charges from all actions, claims, and demands, in resj^ect of
the testator's estate or my share therein, or any act, deed, and
matter, or thing done or omitted to be done by the said executors
and trustees, or any of them, in relation thereto, as my said
Attorney [Attorneys or Attorney] shall think iJt, and to enter
into any covenant for indemnity similar to any such covenant
as may be given by any other person beneficially interested under
the said Will.

9. To receive of and from E. F., of, Sec, or any other person To receive

or persons who may pay the same, the principal sum of £ mone^j*^'^

owin^f to me upon the security of a certain Indenture of



1182



(precedents) powers of attorney



and i;xDon
receipt

execute recon-
veyance or
transfer.



To appoint
substitvites.



Agreement to
ratify acts of
Attorney.



Mortgage, dated, &c,, and made, &c. (date and imrties), being a

mortgage of hereditaments in the Parish of , in the County

of , and all interest owing thereon, and to give an effectual

receipt for the same : And also upon such receij^t to execute
any deed or deeds which my said Attorney [Attorneys or
Attorney] shall approve, either for reconveying the hereditaments
comprised in the said mortgage to the said E. F., or other the
person or persons entitled to the equity of redemption thereof,
discharged from the said mortgage, and all money owing
thereon ; Or for transferring the said mortgage debt and
conveying the mortgaged hereditaments to the said E. F. or
other the person or persons making such payment as aforesaid,
or his or their nominee or nominees, subject as to the heredita-
ments to the right of redemption subsisting therein.

Add, if desired, at the end of the deed any of the follow-
ing clauses : —

Also to appoint and remove at pleasure any substitute or
substitutes for all or any of the purjDoses aforesaid.

Add, as a <ieneralforni in every case : —

And I AGREE to ratify and confirm whatever my said [Attor-
neys or] Attorney [or any substitute or substitutes appointed as
aforesaid] shall do in the premises :

And I DECLARE that this power shall be irrevocable for one
year from the date hereof.

In witness, &c.



No. III.



POWER ()/ Attorney to Execute a imrticidar Deed
mentioned in the Schedule.

TO ALL TO WHOM THESE PRESENTS SHALL COME
I, A, B., of, &c. {appointor), send greeting this day of :

Whereas a Deed of family arrangement is proposed to be
made between me and my brothers and sisters, and the trustees
of the W^ill of X. Y., dated, &c., in relation to the trust,
estate held upon the trusts of the said Will, and a draft of the
proposed deed has been prepared, and a coj^y thereof is contained
in the Schedule hereto :
That draft has And WHEREAS the draft lias becii approved by me or on my

been approved. ^^^^^^^^ .



Recital of
proposal to
execute deed,
of which a
draft is set out
in schedule.



DEED OF DELEC4ATI0N. 1183

NOW THESE PRESENTS WITNESS that I, the said A. B., Appointment

hereby appoint C. D. of, iSic. to be my attorney to execute for execute'deed'^
me and in my name or otherwise, and as mj act and deed, the
deed to be engrossed from the said draft :

Provided always, and I authorise my said Attorney (if he Proviso

shall think fit) to consent to any alterations in the said draft Atto\°ney'to

before the engrossment thereof, so as such alterations be not '^■o"s"^|^to

" ' alterations m

inconsistent with the general purport and effect of the said d^ft-
arrangement as contained in the said draft : And I declare that
the deed which shall be executed by my said Attorney in pro-
fessed exercise of this power shall be deemed to be the deed
hereby authorised to be executed by him, notwithstanding any
variations therein from the said draft, and his execution shall be
conclusive evidence that the variations have been ajjproved of
by him, and are such as are hereby authorised : And I also
declare that this power shall be irrevocable for one year from
tbe date hereof.
In witness, &:c.

The Schedule above referred to.

{To contain copy of draft.)



No. lY.

DELEGATION of Trusts In/ a Trustee to his Co-trus-
tees undcj- a Power /;/ a Settlement.

TO ALL TO WHOM THESE PRESENTS SHALL COME,
A. B., of, &c., SENDS greeting this day of :

Whereas the said A. B. and C. D., of, &c., and E. F., of, &c.. Recital of
are the trustees of an Indenture, dated, &c., and made, &c., po"'ei-of

1 • J 1 J T 1 delegation.

bemg a settlement made on the marriage of X. and Y. ; And the
said Settlement contained a power for any trustee, &c. {recite
jtou-er to delegate) :

And whereas the said A. B. is about to go abroad, but That
intends to return to England within months from the ty^^^fV''

" ^ j.i ijijv^ about to go

date hereof : abroad.

NOW THESE PRESENTS WITNESS that in exercise of the Delegation of
power conferred by the said Settlement, the said A. B. hereby trustees'" '""
delegates to the said C. D. and E. F. the execution of the
trusts and jDowers of the said Settlement during his absence



1184



(precedents) powers of attorney.



and power
of attorney
to execute
deeds, &c.



abroad ; And in order to give effect to this delegation the
said A. B. hereby apjDoints the said C. I), and E. F. to be his
attorneys for him and on his behalf, and in his name or other-
wise to execute any deed or deeds, and to do all other things
which in the opinion of the said Attorneys shall be required to
be executed and done in or about the execution of the said
trusts and powers or any of them ; and the said A. B. agrees to
ratify and confirm whatever the said Attornej'^s shall do in the
premises ; And it is hereby declared that this power shall be
irrevocable for one year if the said A. B. shall so long remain
abroad.

In witness, &c.

No. V.



CONVEYANCE of Land hij Person resident abroad to a
Trustee upon trust for Sale a^i(? /or Management in the
meantime {instead of a -poicer of Attorney) (<]).

THIS INDENTUIIE, made the day of , Between

A. B., of, kc. (hereinafter called the Owner), of the one part,
and C. D., of, &c., (hereinafter called the Trustee) of the other
part :

Whereas the Owner is desirous of selling the hereditaments
described in the Schedule hereto, but intends to reside abroad,
and has accordingly arranged to convey the same to the Trustee
to the intent that the sale shall be effected by the Trustee on
behalf of the Owner :

NOW THIS INDENTUEE WITNESSETH as follows:—

Couve auceon ■''■• ^^ pursuance of the said arrangement the Owner, As
trust for sale. Beneficial Owner, hereby conveys unto the Trustee
All {parcels),



Parties.



Desire to selL



Suggestion
that a con-
veyance in
trust is some-
times more
convenient
than a power
of attorney.



(^f) A purchaser under a power of attornej' must (after the expiration of
the fixed time for which it is made irrevocable under s. 9 of the Conv. Act,
1882) satisfy himself that the principal is alive at the time when the con-
veyance is executed. It may therefore be convenient in some cases, instead
of giving a power, to vest the property bj' a conveyance in the intended
attorney, upon proper trusts for sale and management in the meantime, as
in the above Precedent.

Possibly the I. E. Commissioners may claim settlement duty on such a
transaction under the Fin. (1909-10) Act, 1910, s. 74, but whether such
claim would be successful is doubtful.



CONVEYANCE ON TRUST FOR .SALE. 1185

To HOLD unto and To the use of the Trustee in fee
simple, Upon trust that the Trustee shall, without any further
consent on the part of the Owner, or any person claiming under
him, sell the premises at such times and in such manner as the
Trustee shall think lit.

2. Until such sale the Trustee shall receive the rents and Rcnis until
profits of the i^remises.

3. Powos of manwjcnient until sale hy reference to the Settled Powers of

T- 11 Ti IT ^./^ • TT ' • r< 1 / T^ 7\ management.

LcDid Acts ; see rorm Ao. ofa in rorms in bettte)nents {Fersonal),
p. 380.

4. The Trustee shall, out of the money to arise from any sale Declaration of
or sales as aforesaid, or received in respect of rents and profits, money anV
discharge all costs and expenses incurred in or about any such i"e"ts after
sale or the management of the premises or otherwise in or about expenses
the execution of the trusts and powers herein contained, and personal
shall stand possessed of the residue of the said money, rents, ^"^ '^^°'

and profits. In trust for the Owner absolutely and so that as
between the real and personal representatives of the Owner the
said money, rents, and profits shall be deemed personal estate
whether the premises shall be sold in the lifetime of the
Owner or after his death.

5. The covenants for title implied in a conveyance by virtue statutory

of section seven of the Conveyancing and Law of Property Act, tiTic to^xppiy.
1881, shall ai3ply as if these presents were a conveyance for
valuable consideration.
In witness, &c.



-VOL. IL 75



1186



(precedents) miscellaneous.



DIVISION XIX.

MISCELLANEOUS INSTKUMENTS.



Parties.



Recital of

lease.

Dispute
between
parties as to
repairs.



Tliat parties
are desirous to
refer matter to
arbitration.



Agreement
referring it to
arbitrators to
award whether
any breach,
and if so, what
to be done and
paid by lessee.



No. I.

AGEEEMENT between Lessor and Lessee to refer Dis-
pute as to alleged Breach of Covenant to Arbitration («).

AN AGEEEMENT, made the day of , 19—, Between

A. B., of, &c. (hereinafter called the Lessor), of the one part,
and C. D., of, &c. (heremafter called the Tenant), of the other
part (Recite lease, setting out the covenant to repair) :

And whereas a dispute has arisen between the parties hereto
as to whether the Tenant has duly performed his covenant
contained in the said Lease for keeping the premises in proper
repair, it being alleged by the Lessor and denied by the Tenant
that the said covenant has been broken :

And whereas the parties hereto are desirous of referring the
said matter in dispute to arbitration in manner hereinafter
appearing :

NOW IT IS HEEEBY AGEEEI) that it be referred to E. F.,
of, &c., and G. H., of, &c., to award and determine whether the
Tenant has committed any breach of the covenants contained in
the said Lease for keeping the premises in proper repair ; and if
the said Arbitrators shall find that any such breach has been
committed, then to award and determine what ought to be done

[a) Under the Arbitration Act, 1889, every submission, unless a contrary-
intention is expressed, is irrevocable, and has the same effect as if it had
been made an order of Court : s. L When once an award is made the
Court cannot set it aside : Darlington, &c. Co. v. Harding, 1891, 1 Q. B. 245 ;
60 L. J. Q,. B. 110. The first schedule to the Act contains provisions for the
appointment of an iimpire, and as to the time of making the award and
other matters, so that it is unnecessary to insert any express provisions as
to these matters in the as-reement.



AWARD UNDER LANDS CLAUSES ACTS. 1187

by the Tenant in order to remedy such breach, and also whether
any, and if so what, sum of money ought to be jDaid by the
Tenant to the Lessor by way of compensation, and to award the Fiist Schedule
costs of the arbitration : [And it is hereby ageeed that the pro- IcUo'an^^^
visions in the First Schedule to the Arbitration Act, 1889, shall J^j^tJ^ ^^ ^^^^-ia-
apply to this submission, except that one month shall be sub-
stituted in paragraph (c) for three mont.hs :] (h) And the parties Agreement to
hereto agree to observe, perform, and abide by the award to be rI'v^kL ^
made pursuant to this submission.

As WITNESS, &c.



No. II.

AWAPiD as to Purchase and Compensation Money to he
paid i)i respect of Lands taken by a Eailway
Company (c).

TO ALL TO WHOM THESE PEESENTS SHALL COME,
I, A. B., of, &c. (arhitrator), send greeting this day of .

Whereas by an Agreement, dated the day of , and Recital of

made between C. D., of, &c. (therein stated to be the tenant for rffeTmattei°
life of the lands and hereditaments thereinafter mentioned and *^° arbitration.
hereinafter called the Owner), of the one part, and E. E., of, &c.,
the Secretary of the Railway Company (therein and herein-
after called the Company), of the other part, it was, in pursu-
ance of the Lands Clauses Consolidation Act, 1815, referred to
me as a single arbitrator to award and determine what sum of
money ought to be paid by the Company for the purchase of the
inheritance in fee simple of the hereditaments mentioned in the
schedule thereto and coloured pink on the j)lan thereto (of which
schedule and plan the Schedule and plan hereto are respectively
copies), and also what further sum (if any) ought to be paid by
the Company by way of compensation in respect of the damage
(if any) sustained by the Owner by reason of the severing of the
same hereditaments from the other lands of the Owner, or other-
wise injuriously affecting such other lands by the exercise by the

(h) This may be omitted, if the parties are satisfied with three months as
the period within which the award is to be made.

(r) See L. C. C. Act, 1845, s. 25. Under Rev. Act, 1906, s. 9, the stamp
will be 10s. ; see Alpe, 11th ed., 67.

75—2



1188



(precedents) miscellaneous.



Award of
arbitrator.



Parties.



Company of the powers of their special Act or any Act incor-
porated therewith :

NOW these Presents witness that I, the said A. B., having taken
upon myself the harden of the said reference, and having, before
entering into the consideration of the matters referred to me as
aforesaid, duly made and subscribed in the j)resence of a justice
duly authorised in that behalf the declaration required by the
Lands Clauses Consolidation Act, 1845 (which said declara-
tion is hereunto annexed), and having viewed the lands and
hereditaments hereinafter mentioned or referred to, and having
heard what was alleged by or on behalf of the parties respectively,
and having heard and considered all such evidence as has been
produced before me, and having duly weighed and considered all
and singular the matters and things to me referred as aforesaid,
Do make and publish this my award in writing concerning
the said matters, as follows (that is to say) : I do award and
DETERMINE that the sum of £ ought to be paid by the Com-
pany for the purchase of the inheritance in fee simple of the said

lands and hereditaments, and that the further sum of M

ought to be paid by the Company by way of compensation in
respect of the damage to be sustained by the Owner by reason of
the severing of the same from the other lands of the Owner, or
otherwise injuriously affecting such other lands by the exercise
by the Company of the powers of their special Act or any Act
incorporated therewith.
In witness, &c.

The Schedule above referred to.

No. III.
APPRENTICESHIP DEED ((?)•



day of



19 — , Between



THIS INDENTURE, made the -
A, B., aged — — years, the son of E. B., of, &c. (hereinafter called
the Apprentice), of the 1st part, the said E. B. of the 2nd part,
and C. D., of, &c. (hereinafter called the Master), of the 3rd part,



What stipula-
tions in an
apprentice-
ship contract
are illegal.



((/) An infant is bound by a contract of apprenticeship unless it contains
some stipxilation so much to his detriment as to render it unfair that he
should be bound by it, see 7 L. Q. E. pp. 3 — 4. Thus, a contract has been
held void because of a clause enabling the master to stop the apprentice's
wages in the event of a lock-out, this being a cause within the master's



APPRENTICESHIP DEED. 1189

WITNESSETH and it is hereby declared as follows :—

1. The Apprentice, of his own free will, and with the consent infant with
of the said E, B., hereby binds himself apprentice to the Master, parent bhids
to learn the art or trade of a [or that branch of a 's himself

^ apprentice.

art or business called ] , and to serve after the manner of an

apprentice from the day of , 19 — , for the term of

years (t').

2. The Apprentice and the said E. B. hereby jointly and Covenants by
severally covenant with the Master that the Apprentice will, and hi" parent.
during his apprenticeship, faithfully, honestly, and diligently

serve the Master, and obey all his lawful orders and require-
ments, and will not do, or knowingly suffer to be done, any
damage or injury to the Master or his property, and will in all
respects conduct himself as an honest and faithful apprentice
ought to do {ec).

control: B. v. Lord (1848), 12 Q. B. ToT ; 17 L. J. M. C. 181; 3IeaJcin v.
Morris (1884), 12 Q. B. D. 352 ; 53 L. J. M. C. 72; Corn v. Matthews, 1893, 1
Q. B. 310; 62 L. J. M. C. 61. On the other hand, a clause excepting from
the period during which wages are to be paid " the usual holidaj's, and days
on which the business of the master shall be at a standstill through accident
beyond the control of the master," has been held good : Green v. Tltompson,
1899, 2 Q. B. 1 ; 68 L. J. Q. B. 719.

An apprenticeship contract is personal only, and is determined by the (^Q,-,tj,.^p(;
death of either party. But notwithstanding its personal nature, it maj" be determines
entered into with a company: Burnley, &c. Suciety v. Casson, 1891, 1 Q. B. ^ii^I'e?''-,'^^ °^
75;60L.J.M.C. 59. _ _ Lrbrwith

Disputes between a master and his apprentice may be determined by a company,
a Court of summary jurisdiction under the Emploj-ers and Workmen Act, Disputes
1875 ; but to come within the Act the apprenticeship must be to the business ji^aster'and
of a woi'kman as thei'ein defined, upon the binding to which no premium or apprentice,
a premium not exceeding £25 is paid, or an apprenticeship under the Poor
Law Acts. The Court has extensive powers, including a power to rescind
the contract and a power to direct the apprentice to perform it, and to
imprison him in default.

The stamp on an apprenticeship deed is 2s. Gd.

(e) Sometimes the following words are added here: EXCEPTING the
usual holidays, and days on which the business of the IMaster
shall be at a standstill through accident beyond the control of
the Master.

[ee) Where an infant apprentice covenants not to carry on a similar business
dtu'ing a certain period after the expiration of the apprenticeship term the
covenant is enforceable if the apprentice has attained full age : (!udd v,
Thompson, 1910, W. N. 262.



1100



(precedents) miscellaneous.



Covenants by
Master to
instruct
Apprentice
and provide
board and
lodging, &c.,
or pay him
wages.



[No deduction
from wages
for holidays,
but wages
not to be paid
during absence
from illness. 1



[Covenant by
parent to pay
further
premium on
a future day.]



[On death of
Master before
end of term
part of iJre-
mium to be
returned.]



Power to
Master to dis-



3. In consideration of such service [and in consideration also

of the sum of £ now paid to the Master by the said E. B.

(the receipt whereof the Master hereby acknowledges), and of the

further sum of £ hereinafter covenanted to be paid by the

said E. B.], the Master hereby covenants with the Apprentice,
and also (as a separate covenant) with the said E. B., that the
Master will, during the said apprenticeship, teach and instruct
the Apprentice, or cause him to be taught and instructed, in the

said art or trade [o?- in the said branch of the said art or

trade], and also will during the said apprenticeship provide the
Apprentice with proper and suitable board, lodging, and clothes,
and with medical attendance during illness \_or will, during the said



Online LibraryFrederick PrideauxPrideaux's forms and precedents in conveyancing : incorporating Wolstenholme's forms and precedents with dissertations and notes on its law and practice (Volume 2) → online text (page 130 of 138)