1797- LETTER of ATTORNEY Maurice Carmichael Esq. in Glasgow Scotland
To
John Hay, John Ingram, McLelland [Duncan McLaren], & James Ritchie in Fayetteville, North Carolina
Know all men by these presents that I Maurice CARMICHAEL of Fayetteville in the State of North Carolina merchant at present in Glasgow in that part of Great Britain called Scotland send greetings. Whereas I stand seised [sic] of and in certain lotts of land situated lying and being in the Town of Fayetteville and County of [space left blank] in the State of North Carolina aforesaid, with the houses and other buildings erected thereupon, and also of and in fifteen thousand acres of land situated lying and being in Green County in the state aforesaid. And whereas there are certain debts due to me in the State of North Carolina aforesaid and other parts of North America, now in order to recover the said debts, as well as with a view to sell the lands and others foresaid, know ye that I the said Maurice CARMICHAEL, have made ordained authorized nominated constituted and appointed, and by these presents do make ordain authorize nominate constitute and appoint John HAY of Fayetteville, aforesaid Attorney at Law, John INGRAM Practitioner in Physic there, Duncan McLAREN and James RITCHIE both of Fayetteville aforesaid, merchants jointly or any two of them separately, my true and lawfull [sic] attorneys for me and in my name. To lease, let, set or demise the lands tenements and hereditaments with the whole appurtenances thereof belonging to me in the State of North Carolina aforesaid for such a term or number of years and at or under such yearly or other rents as my said attorneys or any two of them shall think fit, or to sell grant and convey the same in whole or in parcels absolutely in fee simple for such price or prices or sum or sums of money, and to such person or persons as my said attorneys or any two of them shall think fit and convenient. And also for me and in my name to seal execute and deliver such deeds, conveyances bargains and sales for the absolute sale and disposal thereof or of any part thereof, with such clauses covenants and agreements to be therein contained, as my said attorneys or any two of them shall think fit and convenient. And also for me and in my name to ask demand sue for recover and receive all such sum and sums of money debts and demands whatsoever which are now due and owing unto me by any person or persons in the State of North Carolina, and to have use and take all other lawful ways and means in my name ... by any person or persons in the State of North Carolina aforesaid, or in any other part of North America. And to have use and take all other distress or otherwise, and to compound and agree for the same and aquittancies or other sufficient discharges for the same, for me and in my name to make seal and deliver, and to do all other lawful acts and things whatsoever concerning the premises, as fully and in every respect, as I myself might or could do were I personally present at the doing thereof. And attorney one or more under them or any two of them for the purposes aforesaid to make and again at their pleasure to revoke, ratifying hereby and confirming and by these presents allowing all such lease or leases, deeds, conveyances, bargains or sales, acquittances or discharges which shall at any time hereafter be sealed and executed by my said attorneys or any two of them touching or concerning the premises. In witness whereof I have hereunto set my hand and seal this seventh day of April in the year of our Lord one thousand seven hundred and ninety seven.
Sealed and delivered being first duely [sic] stamped in the presence
of Thomas Robertson and George BlainI PATRICK ROBERTSON Notary Public, residing in the City of Glasgow, dully admitted and sworn do hereby certify and declare that I was present and did see the within named Maurice CARMICHAEL sign and seal and as his proper act and deed deliver the Letters of Attorney within written in the presence of Thomas ROBERTSON and George BLAIR both of the City of Glasgow aforesaid gentlemen as witnesses to the execution thereof. And that the name Maurice CARMICHAEL and the names Thos. ROBERTSON, George BLAIR set and subscribed to the said Letter of Attorney, are of proper and respective hand writing of him the said Maurice CARMICHAEL granter of the said writing and of them the saids Thomas ROBERTSON AND George BLAIR as witnesses thereto.
In faith and testimony whereof I have written and subscribed these presents at Glasgow this seventh day of April seventeen hundred and ninety seven years. The
Notary Public in Scotland using no Seal of Office.
GEORGE BLAIR of the City of Glasgow gentleman, maketh oath and sayeth that he this deponent was present and did see the within named Maurice CARMICHAEL, sign and seal and as his proper act and deed, deliver the Letter of witness to the due execution thereof alongst with Thomas ROBERTSON of the City of Glasgow aforesaid the other witness, and Patrick ROBERTSON, Notary Public residing in said City. [signed] George Blair
Sworn before me Lord Provost of Glasgow this 11th day of April 1797 years. James McDowall
To all whose knowledge these presents shall come I, James McDOWALL Esquire Lord Provost and Chief Magistrate of the City of Glasgow do hereby certify and declare that upon the day of the date hereof personally came and appeared before me the person named in the above affidavit, being a person of good fame and worthy of all credit, and by solemn oath which he took upon the Holy Evangelists of Almighty God did depose testify and declare to be true the several matters and things mentioned and contained in the above affidavit.
In faith and testimony where I have ordered the common Seal of the City of Glasgow to be hereunto put and affixed. Given at Glasgow this eleventh day of April one thousand seven hundred and ninety seven years
(Cumberland County Court Records - North Carolina Department of Archives and History - Raleigh, NC / transcribed by Myrtle Bridges)
©Copyright 1999 by Myrtle N. Bridges
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