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Attestation of the Execution of a Deed as the Execution
Signed sealed and delivered by the within-named C D as the attorney of the within-named A B (being first duly stamped) in the presence of
E F of, &c.
G H of, &c.
Attestation and Testimonium of a Deed executed under a Power of Attorney from two.
Signed sealed and delivered (being first duly stamped) by the within-named A B as the attorney of the withinnamed C D and E F and in the names and as the several acts and deeds of the sd C D and E F in the presence of
G H of, &c.
I K of, &c.
In Witness whereof A B of, &c. hath by virtue of a deed-poll or letter of attorney under the hands and seals of the sd C D and E F bearing date the day of 18 and hereunto (a) annexed put the hands and seals of the sd C D and E F the day and yr first above-written
C D (seal) by A B his attorney.
E F (seal) by A B his attorney.
Attestations where there happen to be Interlineations, Stc.
Signed sealed and delivered (being first duly stamped) by the within-named AB the words (copy the words) having been previously interlined (in the fourth and fifth lines of the first skin, or written over obliterations between, &c. as the case may be) in the presence of, &c.
Attestation of a Deed executed by one Party in his own Right, and as the Act of another of the Parties by virtue of a Power.
Signed sealed and delivered (being first duly stamped) by the above-named (or within-written) A B with his own name and as his own act and deed and afterwards as the attorney and in the name and as the act and deed of the within-named C D by virtue of the authty given to him the sd A B for that purpose by the indenture of assignment from the sd C D to him the sd AB and which is recited in this instrument in the presence of, &c.
(a) If the letter of attorney concern other property, a true copy of the same should be annexed.
Attestation of a Will.
Signed sealed published and declared by the sd testator as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names to each sheet as witnesses thereto [and if there are two parts say, ' as we have also done to each sheet of another part of his will at the same time']
Testimonium of a Will.
In Testimony (or, 'In Witness') whereof I the sd A B the testator have to (two parts, each part or this part, &c. of) this my last will and testament contained in sheets of paper set my hand and seal namely to first sheets my hand and to the and last [of each part or of this part] my hand and seal the day of in the year of our Lord 18 .
What it is. Obs. 1. Attornment is, properly, the acknowledgment by the tenant of a new lord, or the agreement of the tenant to the grant of the seignory of a rent, or of a rerersion and remainder, Co. Litt. 309, a. Since the 4 and 5 Ann. c. 16, and 11 G. II. c. 19, an attornment is no longer necessary to the validity of a grant, and is therefore seldom made, except occasionally to mortgagees, or in the case of a recovery, in ejectment.
Stamp. 2. A mere attornment, 'not containing an agreement to pay
such rent, as shall be agreed upon, requires no stamp. Cornish v. Searell, 8 B. and C. 47.
Attornment from a Tenant to a Mortgagee in Possession by Ejectment.
Know all Men that I the within-named (tenant) did on the day of last past attorn and become tenant to the within-named (mortgagee) and agree (a) to pay such rent and at such times as are therein mentioned and in testimony thof did give one shilling in the name of attornment in the presence of whose names are hereunto subscribed
Attornment of several Tenants by Direction of
To All, &c. A B, C D and E F send greeting Whas
(a) As to the stamp, see Obs. 2.
farm called, &c. and situate, &c. and C D holds, &c. and Bya Corn's. F holds, &c. And whas the sd sevl farms are now in missioner mortgage to (mortgagee) of, &c. and the sd (mortgagor) under an is willing and desirous that the sd (mortgagee) should Inclosure have posson of the respive preses Now Know ye that Act. the sd A 1i, C D and E F by the direction of the sd (mortgagor) testified by his being a party to and signing these presents do hby severally agree to pay over the sevl rents due and paye for their respive farms and each of them the sd A B, C D and E F have given one shilling in the name of attornment and in pt paymt of the sd rent In Witness, &c.
Award by a Commissioner under an Inclosure Act.
Obs. As to the nature of Awards, and for other precedents, see Arbitration.
To all, &c. I (commissioner) of, &c. send greeting Reciiid. Whas by a certain Act of Parlt made and passed in the Act of Parreign of his present Maj. entitled An Act for inclosing Uament. lands within the manor of M in the parish of F and county of N Reciting among other things that there were within the sd manor of M open common fields commonable lds commons and waste grds Also reciting that i P, Esq was lord of the sd manor and as such was entitled to the soil of the commons and waste grds Also reciting that the Rt Hon Lord K, W T, Esq and ors. were owners and proprietors of divers inclosed lds tents and heredts within the sd manor and in respect thof were entitled to rights of common of pasture and or. rights in over and upon the sd open common fields commonable lds and waste grds Also reciting that an Act commonly called the General Inclosure Act was passed, &c. And after furr reciting that the sd common fields commonable lds and waste grds were in their present state incapable of any considerable improvement but if the same were divided and allotted unto and amongst the sevl psns interested therein according to their respive ints and such allotments being inclosed the same might be greatly improved It is amongst or. Appointthings enacted that I the sd (commissioner) shd be and meat of I was thby apptd commr for dividing allotting and commisinclosing the sd open common fields commonable Ids j"rn^cu^"rt commons and waste grds and putting the now reciting
By a Commissioner under an Inclosure Act.
Appointment of a surveyor.
Powers,&c. of commissioner
to award the expenses,
to sell part of the land for defraying expenses,
to set out portions of land for gravel pits.
to make allotments to the lord,
Act into exon subject to the rules orders and dirons thereinaftr mentd and with such dirons and stipulations as are contained in the sd therein recited general Act which shd be applied deemed and taken as pt of the now reciting Act except in such cases only as the same were thby varied and altered And that (surveyor) of, &c. shd be and was thby apptd surveyor for the purps of the now reciting and the sd General Inclosure Acts And that I the sd (commissioner) shd and might scour out deep widen and repair all such ancient ditches, &c. And also make or cause to be made such new ditches, &c. in through over and across the sd open common fields, &c. within the sd manor of M with the previous consent of the proprietors of such inclosures or or. Ids not thby directed to be divided and inclosed of such dimensions and in such places as I the sd (commissioner) shd think fit And that I the sd (commissioner) am thby directed and required by any writing under my hand or in and by my sd award to order and determine by whom and at whose expense at what time or times and in what manner the sd ditches, &c. should be made, &c. And that for providing for and defraying the costs chas and exps of obtaining passing and exting the now reciting Act and the sd Gen Act I the sd (commissioner) am thby required as soon as conveniently might be after the passing of the now reciting Act to sell and dispose of in manner as in the sd Acts directed such pel or pels of the sd commons and waste grds as I shd judge most proper and expedient And that I the sd (commissioner) shd and I am thby required to set out allot and award unto and for the surveyors of the highways of the parish afd for the time being one or more plots of the sd commons and waste grds as I shd think proper as and for public stone and gravel pits with convenient roads to and from the same and which plot or plots of Id so to be set out as afd shd be used in common by the surveyors of the highways of the sd parish and by the respive proprietors of Ids and estes within the sd manor and by their tenants for their own private uses and for the repairs of the public and private roads including the roads to be set out in pursuance of the sd reciting Act and the sd Gen Incl Act And that I the sd (commissioner) am authorized to set out allot and award to the lord of the sd manor one sixteenth pt of the sd commons and not to exclude any allotment or allotments which would orwise be made to him in satisfaction of or for any common of pasture upon or over the sd commons and waste grds by this Act directed to be divided and inclosed in re
spect of any Ids or tents belonging to any such lord Award by And in the next place that I the sd, &c. shd set out, &c. a Comunto the sd (rector) one tenth pt of the residue of the mitsioner. sd commons, &c. in lieu of and in recompence for the T0 tithes of the sd commons, &c. And that I the sd, to° an([ec &c. shd aftwds set out and allot the residue and other proremr of all the sd commons and waste grds thby prietors. directed to be divided and inclosed unto and amongst all and evypsn and psns body and bodies politic and corporations collegiate having any right or rights of common or or. rights or ints in over or upon the same or any pt thof in such pts and shares and in such manner as I the sd (commissioner) shd think fit and shd adjudge and determiue to be proportionate to the value of his her or their respive rights or ints in over and upon the sd commons and waste grds And also that it To make shd be lful for me the sd (commissioner) to set out and exchanges. allot and award any lds tents or heredts within the sd manor in lieu of or in exchange for any or. lds tents and heredts in the sd manor parish hamlet or place Provided that all such exchanges be ascertained specified and decld in and by the award of me the sd (commissioner) and made with the consent of the owner or owners of the lands tents or heredts which shd be so exchanged such consent to be testified as therein mentd And that all and evy such exchanges so to be made shd be valid and effectual in law to all intents and purps whatsr And whas by the General Oath reAct It is amongst or. things enacted that no psn shd be quired by capable of acting as a commr in the exon of any of the Jjj'iq'"tm' powers to be given by any act thereafter to be passed Act.0*1"^ for dividing or allotting or inclosing any lds or grds except the power of giving notice of the first meeting and administering the oath thinaftr directed until he (or they) shd have taken such oath which oath it shd be lful for any one of the justices of the peace for the sd county within which the sd lds or grds shd be situated to administer And that the sd oath shd be annexed to and enrolled with the sd award And that such commissioner in the first place before he proceeded to make any of the divisions or allotments directed to be made by the sd Act or any such Act should set out and appt Roads to be the public carriage roads and highways through and set out. upon the lds and grds intended to be divided allotted and inclosed and to divert turn and stop up any of the roads and tracks upon and over any of the sd lds and grds as he shd judge necessy subject nevss to such examination of the sd roads and highways as is required by the sd Act or Acts and that the sd commr shd thby be em