contained  in  it ;  but  not  so  if  it  be  by  deed  indented ;
unless  the  attorney  be  a  party  to  such  indenture.®  The
power  of  attorney  must  be  executed  both  in  the  lifetime
of  the  feoffor  and  the  feoffee.^  It  is  said,  that  when  the  king
P  ^/*  -1  made  a  feoffinent,  he  used  '^'to  issue  his  writ  to  em-
L  J  power  his  sheriff,  or  other  person,  to  deliver  seisin :
in  time  other  great  men  did  the  same ;  and  this  circum*
stance  gave  rise  to  powers  of  attorney.^

(4.)  2.  The  livery  within  view,  or  in  law,  is  made  when
the  feoffor  is  not  actually  upon  the  land  or  in  the  house,
but  being  in  sight  of  it,  says  to  the  feoffee,'  ^^  I  give  you
yonder  house,  enter  and  take  possession ;"  or  by  deliver-
ing a  charter  of  feoffinent  within  view,  says,  "  I  will,  that
you  have  the  lands  that  you  see  there,  which  are  com-

?rised  in  this  deed,  according  to  the  purport  of  it/''
'here  is  this  convenience  attending  the  above  mode  of
delivery,  that  no  freehold  can  be  vested  before  an  actual
entry  made  by  the  feoffee.*  Therefore,  in  case  of  the
death  either  of  the  feoffor  or  the  feoffee  before  entry,  the
livery  is  void.  It  may  possibly  happen,  that  the  feoffee
is  prevented  from  making  an  actual  entry  by  bodily  fear ;
yet  still  he  may  make  his  claims  as  near  to  the  land  as
he  dares  to  venture,  which  will  be  sufficient  to  vest  the
possession  in  him,  and  render  the  livery  complete.^  It
must  be  observed,  that  no  livery  within  view  can  be
made  by  attorney.*

r  ^7 1  ^(^')  ^  ^  feoffinent  be  made  of  lands  in  several
*•  -•  towns  in  one  county,  and  seisin  be  given  of  parcel
of  the  lands  in  one  town,  in  the  name  of  the  lands  in
that  and  in  the  other  towns,  all  these  lands  of  the  feoffor  will

8  Co.  Litt  62,  b.  Sed  contra,  Gro.  Eliz.  905.  2  Boll.  Ab.  8,  pi.  12.  Shep.
