SECTION 45. Warrant of Attorney to confess Judgment. These are to desire and authorize you the attorneys above-named, or any one of you, or any other attorney of the Court of Q. B. [Č. P. or Exch. of Pleas,] aforesaid, to appear for me C. D. of in the said Court, at any time, and there receive a declaration for me in an action of debt for £ , [usually double the amount of the debt actually due], for money borrowed, at the suit of A. B., his executors or administrators: And thereupon to confess the same action, or else to suffer a judgment by nil dicit or otherwise to pass against me in the same action, and to be thereupon forthwith entered up against me of record in the said Court for the said sum of £ besides costs: And I the said C. D. do hereby further authorize and empower you the said attorneys, or any one of you, after the said judgment shall be entered up as aforesaid, for me and in my name, and as my act and deed, to sign, seal, and execute a good and sufficient release in the law to the said A. B., his heirs, executors, and administrators, of all and all manner of error and errors, writ and writs of error, and all benefit and advantage thereof, and all misprisions of error and errors, defects and imperfections whatsoever, had, made, committed, done, or suffered, or to be had, made, committed, done, or suffered, in, about, touching, or concerning the aforesaid judgment, or in, about, touching, or concerning any writ, warrant, process, declaration, plea, entry, or other proceeding whatsoever, of, or in any way concern ing the same: And for what you the said attorneys, or any one of you, shall do or cause to be done in the premises, or any of them, this shall be to you and every of you a sufficient warrant and authority. In witness whereof I have hereunto set my hand and seal, the day of in the year of our Lord one thousand eight hundred and Signed, sealed, and delivered, &c. (See p. 211.) I. K. C. D. (L.S.) Defeazance to be indorsed thereon. Memorandum: The within warrant of attorney is given to secure the payment from the within-named C. D. to the within-named A. B. of the sum of £ on the day of [or if by instalments, "on the days and in manner following; that is to say, the sum part thereof, with interest for the same, ; the further sum of £ of £ on , other part thereof, with interest for the same, on ; and the further sum of £ residue thereof, with in terest for the same as aforesaid, on :"] And it is hereby agreed by and between the said parties, that no action, execution, or other process or proceedings shall be commenced, sued out, or prosecuted against the said C. D., his heirs, executors, or administrators, or against his or their lands, goods, or chattels, upon the judgment to be entered up in pursuance of the within warrant, until default shall happen to be made in payment of the sum above mentioned [or some one of the instalments above mentioned,”] and interest for the same as aforesaid ; but if default shall be made in payment of the said sum [or "of any of the said instalments,"] the said A. B. shall be at liberty to issue execution for the whole amount of principal and interest remaining unpaid, besides costs of judgment and execution, sheriff's poundage, officers' fees, and other incidental expenses. Dated the day of 66 Witness, I. K. 18 , A. B. C. D. Affidavit of Execution, &c. of Warrant of Attorney. (Copy to be annexed.) In the Q. B. [C. P. or Exch. of Pleas.] , in the county of I. K. of maketh oath and saith, that the paper writing hereunto annexed is a true copy of a warrant of attorney from C. D. to confess a judgment at the suit of A. B., and of the attestation thereof and the defeazance and indorsements thereon: And this deponent further saith, that the said warrant of attorney was duly signed, sealed, and delivered by the said C. D. in the presence of this deponent on the day of instant [or last], and that the name “C. Ď." appearing at the foot of the said warrant of attorney is of the proper hand-writing of the said C. D., and the name "I.K." appearing as that of the witness to the attestation thereof, is of the proper hand-writing of this deponent. Sworn, &c. (ante, p. 226.) I. K. (Vide pp. 210, 213.) SECTION 46. Affidavit for a Rule or Order to enter up Judgment on an old Warrant of Attorney. In the Q. B. [C. P. or Exch. of Pleas.] A. B. of plaintiff, E. F. of Between A. B. plaintiff, and C. D. defendant. merchant, the above-named , gentleman, and G. H. of clerk to the said A. B., severally make oath and say: And first this deponent A. B. for himself saith, that before the execution of the warrant of attorney hereinafter mentioned, C. D., the above truly indebted , for goods the said C.D.: mentioned defendant, was justly and unto this deponent in the sum of £ sold and delivered by this deponent to And that the said C. D., being so indebted to this deponent, he the said C. D., on after the said debt had become payable, duly executed unto this deponent his warrant of attorney aforesaid, bearing date the by which the said C. D. authorized certain attorneys therein mentioned to appear for him in this Honourable Court at any time, and there to receive for him a declaration in debt for £ , , , at the suit of this deponent, and thereupon to confess the same action, or else to suffer a judgment by nil dicit, or otherwise, to pass against him in the said action, and to be thereupon forthwith entered up against him of record, in this Honourable Court, for the said sum of £ besides costs: And upon or which said warrant of attorney was indorsed a certain defeazance, whereby it was agreed that the said sum of £ should be paid, with interest, on the day's and in manner following; £ on [&c. as in the defeazance,] and that no execution should be sued out, or other proceedings taken upon the judgment so to be entered up, until [&c. as in the defeazance]: And this deponent further saith, that the said C. D. hath not paid to this deponent, or to any person for him or on his behalf, the said sum of £ any part thereof, but that the same, together with interest thereon, making altogether the sum of £ is still due and owing from the said C. D. unto this deponent: And this other deponent E. F. for himself saith, that *[at the time of the execution of the said warrant of attorney he this deponent was an attorney of her Majesty's Court of at Westminster, duly certificated; and that this deponent, at the request of the said C. D. (having, as he the deponent *These two passages within brackets are to be omitted in cases where the warrant of attorney was executed previously to the 1st of October, 1838. Q believes, been expressly named by the said C. D. for that purpose,) attended when the said C. D. executed the said warrant of attorney to inform him of the nature and effect thereof; and] he this deponent was present and did see the said C. D. duly execute the said warrant of attorney, and that the said C. D. did sign, seal, and as his act and deed deliver the said warrant of attorney in the presence of this deponent, and that the name " C. D.," at the foot thereof, is of the proper hand-writing of the said C. D.: And this deponent further saith, that the name "E. F." subscribed to the said warrant of attorney, as the witness thereof, is of the proper hand-writing of this deponent: *[And this deponent did subscribe his name to the said warrant of attorney as a witness to the due execution thereof, and did thereby declare himself to be the attorney for the said C. D., and stated that he this deponent subscribed as such attorney:] And this other deponent G. H. for himself saith, that he personally knows the said C. D., and that he verily believes that the said C. D. is now alive, this deponent having seen [and conversed with] him on [some time before, generally within ten days]. Sworn, &c. ante, p. 226.) A. B. E. F. G. H. (Vide p. 213.) SECTION 47. Form of Judge's Order of Reference to an A. B. against Arbitrator. Upon hearing the attorneys on both sides, and by their consent, I order that all C. D. matters in difference in this cause [or "beween the parties in this cause,"] be referred to the award, order, arbitrament, final end and determina * See note on preceding page. |