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money due, and to grow due thereon, with the interest, To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns for ever, subject only to the proviso in the said Indenture of Mortgage mentioned : And I do hereby make, constitute,

and appoint the said party of the second part my Power. true and lawful attorney irrevocable, in my name

or otherwise, but at his own proper costs and charges, to have, use, and take, all lawful ways and means for the recovery of the said money, and interest, and, in case of payment, to discharge the same as fully as I might or could do if these presents were not made.

In witness whereof, I have hereunto set my hand and seal the tenth day of January, one thousand eight hundred and forty-five.

WILLIAM ROGERS. Witness. In the

presence

of HENRY WELLS.

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but of a personal nature (Art. 63, 101). The asMay be signee may become an assignor, and thus the assigned again.

same mortgage may be assigned, in succession, to several persons. This power of assignment renders mortgages, leases, copyrights, patents, policies of insurance, etc., like promissory notes, (pp. 103,) quite convenient for business purposes.

99. Until April 7th, 1848, the property of married women, if in land, (Art. 63), was parWomentially under the control of their husbands; if per

sonal, it belonged to the husband altogether (Art. rights 101). In the State of New York, the law is now marriage otherwise, and the existence of the marriage re

lation does not surrender the wife's right and title to her own property of whatever description it may be, neither is it liable for the debts contracted by her husband.

retain their

Recorded in the Register's Office

of the City and County of New-
York, in Liber 2, of Powers of
Attorney, page 220.

MATTHEW COLE, Register.
May 1, 1851.

Minute of record.

Personal Property, Chattels, Bill

of Sale of Goods. know all men by these presents, that I, John Warner, of New-York city, for and in consideration of the sum of five thousand dollars, to me in Considehand paid by Calvin Hone, of the same city, at or before the sealing and delivery of these presents, the receipt whereof I do hereby acknowledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said Hone, his executors, administrators, and assigns, all the goods, household stuff, imple

Power of attorney.

100. It is often necessary for a party in one place to transact business with a party residing in another. This is more conveniently done by authorizing a resident of the same place to act for the absent party. It is also customary for business persons, when leaving home for a long period, to empower some person to transact such necessary business as might arise during their absence. The writing which delegates such authority is called a Power of Attorney (pp. 132, 148).

The Power of Attorney should generally be acknowledged and recorded, since the acts performed receive their validity from the instrument Recorded which authorizes their execution; the instrument, touching

; however, is not the less binding if no record of the same is made in the Clerk's office. The power of attorney is valid during the lifetime

a

when

real es

tate.

ments, and furniture, and all other goods and chattels whatever, mentioned and expressed in the Schedule hereto annexed: To have and to hold all and singular the said goods and household stuff and furniture, and other the premises above bargained or mentioned, or intended so to be, to the said Hone, his executors, administrators, and assigns, and against me, the said Warner, my executors and administrators, and against all and

every other person and persons whomsoever shall Warran- and will warrant, and by these presents for ever

defend. Of all and singular which said goods, &c., I have put the said Hone in full possession.

In witness whereof, I have hereunto set my hand and seal this tenth day of March, one thousand eight hundred and fifty-one.

ty.

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validity.

only of the person who gives it; the moment he Loses its dies, the instrument becomes null and void. The

instrument is also valid until the person who takes a benefit under it receives notice that the same is revoked.

The power of attorney to be sent to a foreign For for- country inust not only be acknowledged, but the countries acknowledgment must be certified by the Consul

of the government to which the instrument is to

be sent. When they are designed for use in Between another State, they should be executed according

to the law of the State for which they are intended.

101. Personal property is that which is atproperty tached to or may be carried with the person, and

disposed of according to the laws of the place where the person resides : it consists of household

states.

Personal

Conside

Bill of Sale of a Registered Vessel.

To all to whom these presents shall come, Greeting: Know ye that I, Samuel Stebbins, owner of the brig or vessel, of one thousand tons burthen, called the Hector, for and in consideration of the sum of ten thousand dollars, lawful ration. money of the United States, to me in hand paid before the ensealing and delivery of these presents, by Charles D. Remsen, of Boston, the receipt whereof I do hereby acknowledge, and myself therewith fully satisfied, have bargained and sold, and by these presents do bargain and sell unto the said Remsen, his executors, administrators, or assigns, the said brig or vessel, together

Descripwith the masts, bowsprit, sails, boat, anchors, ca- tion bles, and all other necessaries thereto appertaining and belonging: the certificate of the enrolment of which said vessel is as follows: (here insert certificate,) to have and to hold the said vessel, and appurtenances thereunto belonging unto

of property

tance.

furniture, wearing apparel, horses and equipage,
money, stocks, bonds and mortgages, goods, ves-
sels, promissory notes, etc. In the early history
of a country, real estate is regarded as essential Impor-
to wealth, but as trade increases, and as small
towns become commercial cities, we often see
men of immense wealth who may have little or
no real property:

.
102. Chattels. This is another name for

personal property: there are two kinds, “ chattels Chattels

real” and “chattels personal.” The former consist of rights concerning realty as a lease of land for years or for life; the latter are independent of land; as money, stocks, etc.

There is another distinction connected with chattels; things in possession, and things in in posaction; the latter are personal rights that are

session.

Warran

ty.

him, the said Remsen, his executors, administrators, and assigns, to his and their only proper use, benefit, and behoof forever; Aud I the said Stebbins, for myself, my heirs, executors, and administrators, have, and by these presents do promise, covenant, and agree, to and with the said Remsen, his heirs, executors, and administrators, to warrant and defend the said brig or vessel, and all the other before mentioned appurtenances against all and every person and persons whomsoever.

In testimony whereof, I have hereunto set my hand and seal this (3rd) third day of January, one thousand eight hundred and fifty-one.

OP
SAMUEL STEBBINS.

Sealed and delivered in the pre

Witness.

sence of

WM. OSTRANDER.

not reduced to possession, but recoverable by a suit at law, as damages due for a breach of covenant, or for the detention of chattels, &c. The possession of a chattel is considered the ownership unless the contrary is shown. The detail of laws which govern chattels are numerous and complicated, and the limits we have chosen only allow us to give the simplest outline of the subjects treated; if the Student desires further information, he is referred to the Commentaries by the late Chancellor Kent.

103. Bills of Sale are similar in form to the Bills of above, and differ only in regard to the articles to

be sold: the sale of chattels is usually effected by a Bill of Sale, but a bequest of chattels by a wili.

104. Laws relating to commerce are made by Congress, and peculiar privileges are conferred upon

saie.

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