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Whereas, &c. [if any recital be necessary, state it (2)]. Now therefore Vol. III. Ch. I. [or if no recital is necessary, begin by saying]—

G.H. Memorandum that the within warrant of attorney is given for Defeazance thereto. (1) v. securing the payment from the within-named C. D. to the within

manner following (or if on bond," according to the condition of the within-
mentioned bond"), that is to say, the sum of £- part thereof, together
with interest for the same, on the day of 18 , and the further
sum of £- residue thereof, together with interest for the same, on the
day of
And it is agreed by 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, administrators, 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 thereof at
the days and times aforesaid; but in case of any such default, then it shall
and may be lawful for the said A. B. at any time, even after the expiration
of a year from the day of signing such judgment, and withont issuing any
writ of scire facias to revive the same, to issue execution for the whole of the
said sum of, or so much thereof as shall then remain unpaid, together
with interest thereon as aforesaid; and to levy the same, together with
poundage, officers fees, possession money, expences of sale by auction, and
all other reasonable charges and expences. In witness whereof, we have
hereunto subscribed our hands, the day and year within written.

Witness L. M. of, &c.

C. D.
G. H.

Know all men by these presents, that I, A. B. of, &c. [place of abode and Statute Meraddition, or we, A.B of, &c. C.D. of, &c.] am (or are) bound unto C.D. in the chant. (3). sum of, to be paid to the said C. D., or to his certain attorney, on shewing this writing, his heirs, executors, or administrators, at the feast of, &c. next coming after the date of these presents; and unless I (or we) shall so do, I (or "we") will and grant that the execution and penalty provided by the Statute Merchant (4) of our Lord the King, passed at Westminster, shall run upon me and my (or upon us and every of our) heirs, executors, administrators, and assigns, as in the same statute is ordained and provided. Dated at London this day of

(King's Seal.)

A. B. (L. s.)

A. D.

[And all obligors names and seals.]

Taken and acknowledged before me, the day and year abovesaid, A. B. Clerk of the Statutes Merchant, and C. D. Mayor of, &c. (or "C. D. Bailiff of, &c. or C. D. and E. F. esqs. two merchants assigned for this purpose.")

Know all men by these presents, that I, of, &c. [place of abode and Statute addition, or 66 we, A. B. of, &c. C. D. of, &c.] am (or are) held and firmly Staple. (5) bound unto E. F. (or E. F. and G. H.) in the sum of £, to be paid to

(1) As to the defeazance, see Tidd, 7 ed. 563, 4 If the defeazance declare that the seeurity is for payment of £ on demand, a demand must be made before execution, 2 Bro. & B. 464. The defeazance, if any, must be written on the same paper as the warrant of attorney, 3 Geo. 4. c. 39. s. 4.

(2) The notes applicable to statement of recitals in entering into a simple contract in writing will be here applicable. See ante 1.

(3) See form, Jac. Dict. tit. Statute Merchant, Tidd's Forms, 482, 3. 2 Saunders, 69. c. n. 3., where see the particular advantages which may result from this security. It has however become disused, in consequence of the non-appointment of officers, for the purpose of taking it.

(4) Statute 13 Edw. 1.

(5) See Tidd's Forms, 484. Jac. Dict. Statute Staple, 2 Saunders, 70, n. 3.

Vol. III. Ch. I. the said E. F., or to his certain attorney (or "to the said E. F. and G. H. or to their, &c.) on shewing this writing, his heirs, executors, or administrators (or their heirs, executors, administrators, &c.), at the Feast of, &c. next coming after the date of these presents. And unless I (or we) shall so do, I (or we) will and grant that then the penalty of the Statute Staple, passed at Westminster, shall run upon me or my (or upon us, and every of us, and our, and every of our) heirs, executors, and administrators, to be recovered as a debt for merchandizes bought, as in the same statute it is ordained and provided. Dated at this day of

(King's Seal.)

A. B. (L. s.)

[And names and seals of all the obligors.] Taken and acknowledged before me A. B. Mayor of the Staple at and in the presence of C. D. Constable of the Staple.

Vol. III. Ch. II.

CHAP. II.

Of Stamps.

IT was proposed, in the 3d volume, pag. 163, to print the stamp acts in this Appendix, but as they are exceedingly long, and a new act is in contemplation, it has now been considered expedient to omit the present enactments. No forms therefore applicable to this Chapter are here given.

Vol. III. Ch. III.

General Power

of Attorney for

Mercantile Pur

poses, to act in

CHAP. III.

Principal and Agent, Factor and Broker, &c.

TO all to whom these presents shall come. I, A. B. of, &c. send greeting. Whereas the said A. B. being about to leave the united kingdom of Great Britain and Ireland, and to reside for a time in foreign parts, hath requested C. D. of, &c. to take upon himself the care of his estate and property, and to act for him in his affairs during his absence, which the said this Country for C. D. hath consented to do. Now therefore know ye, that I the said A. B. the Principal on have made, deputed, constituted, and appointed, and in my place and stead his leaving it. (1) put, and by these presents do make, ordain, depute, constitute and appoint, Recital of Inten- and in my place and stead put the said C. D. my true and lawful attorney, tion to leave the to act in and conduct and manage all and every the affairs, matters, and things of me the said A. B. being or happening within the united kingdom of Great Britain and Ireland during the absence of me the said A. B.; and for that purpose do by these presents authorize and empower him the said C. D., in the name and on the part and behalf of me the said A. B. to ask, demand, sue for, recover, and receive of and from all and every person persons whomsoever, and also of and from every body or bodies public or corporate in the said united kingdom, whom it doth, shall, or may concern, all and every sum and sums of money, debts, ducs, goods, wares, merchan

Kingdom.

Appointment of
Attorney or
Agent;

to receive
Debts;

(1) See ante, 3d vol. 193 to 221.

and

dizes, chattels, effects and things of what nature or description soever, which Vol. III. Ch. III. now are, or is, or which at any time or times during the subsistence of these presents shall or may be or become due, owing, payable, or belonging to

me the said A. B., in or by any right, title, ways, or means howsoever: And to settle Acalso for me the said A. B. and in my name to settle any account or counts; accounts, or reckoning or reckonings whatsoever, wherein I the said A. B. now am, or at any time or times hereafter shall or may be in anywise interested or concerned with any person or persons whomsoever, and to pay or receive

the balance or balances thereof, as the case may require: And also for and to draw, accept, on the behalf of me the said A. B., either in my name or in the name of and indorse Bills; (1) the said C. D., to draw, accept, or indorse any bill or bills of exchange or promissory note or notes, in satisfaction or on account of any debt or claim due

or payable to or from me the said A. B. And also for me the said A. B., and to receive Moin my name, or otherwise, to receive all and every sum and sums of money ney due upon whatsoever which now is or are due, arising, or belonging to me the said A.B., Mortgage or other Security; upon or by virtue of any mortgage or mortgages, or other security or securities whatsoever, and on receipt thereof, for and in the name of me the said to give Receipts A. B., to make, sign, execute, and give good and sufficient releases, acquit for the same; tances, or other discharges for the same. And also for me the said A. B., to compound and in my name, or otherwise, to sign the certificate or certificates of Debts and sign any bankrupt or bankrupts, and compound with any person or persons for Certificates; or in respect of the aforesaid debts, or of any sums of money, or any other debt, debts, or demands whatsoever, which now is or are or shall or may at any time or times hereafter become due or payable to me the said A. B., and take or receive any composition or dividend thereof or thereupon, and give receipts, releases, or other discharges for the whole of the same debts, sums, or demands, or to submit to arbitration all and every or any such to submit Claims debts or demands, and all and every other claims, rights, matters, and to Arbitration; things due to or concerning me the said A. B., as the said C. D. shall think most advisable for the benefit and advantage of me the said A. B., and for that purpose, and in his name, to enter into, make, sign, execute, and deliver such bonds of arbitration or other deeds or instruments as are usual in like cases. And also for me the said A. B. and in my name to appear, and my to represent Principal in person to represent in all or any court or courts, and before all or any magistrates or officers of or in law or equity whatsoever, as by the said C. D. shall be thought advisable, or as he shall think fit; and to sue, arrest, distrain upon, imprison, and out of prison again to liberate, release, acquit, and discharge all and every or any person or persons whomsoever now indebted, or who shall or may at any time hereafter become indebted, to me the said A. B., or upon whom I now have or hereafter shall or may have any lawful claim or demand. And also for and in the name of me the said A. B., to commence or otherwise, to commence any action or actions, suit or suits, as well real Actions; as personal, or mixed, in any court of law or equity, for the recovery of any debt, sum or sums of money, right, title, interest, property, matter, or thing whatsoever, now due or payable, or in anywise belonging to me the said A.B., by any means or on any account whatsoever; and the same action or actions, suit or suits, to prosecute and follow, or to discontinue or become nonsuit therein, if he the said C. D. shall see cause. And also for me the said A. B., and in my name, to use and take such other lawful ways and means for the recovering, receiving, obtaining, or getting in any such sum and sums of money, or other things whatsoever, which is, are, shall or may be, or by the said C. D. shall be conceived or thought to be due, owing, belonging, or payable unto me the said A. B. by any person or persons whomsoever; and also to appoint any attorney or attornies, or solicitor or solicitors, at law or in equity, and to give and sign any warrant or warrants to

(1) An express power seems necessary. See 6 T. R. 591. 1 Hen. Bla. 155. 1 Taunt. 347.

Courts, &c.

to do all necessary Acts.

Confirmation.

Vol. III. Ch. III. prosecute and defend in the premises aforesaid, or any of them, as occasion may require, either in the name of me the said A. B., or in the name of him the said C. D. And generally to do all and every or any other acts, deeds, matters and things whatsoever in or about the estates, property, and affairs of me the said A. B., as amply and effectually to all intents and purposes as I the said A. B. could do or have done in my own proper person if these presents had not been made. I the said A. B. hereby ratifying and confirming, and promising and agreeing, at all or any time or times to allow, ratify, and confirm all and whatsoever the said C. D. shall lawfully do or To substitute cause to be done in and about the premises aforesaid by virtue hereof. And other Attornies. for the better doing, performing, and executing of all or any of the matters and things aforesaid, I the said A. B. do hereby further give and grant unto the said C. D. full power and authority to substitute and appoint, and in his place and stead put one or more attorney or attornies for me the said A. B. and as my attorney or attornies, and any such appointment or appointments, attorney or attornies, from time to time to revoke or displace, and any other or others in his or their place or places to substitute or appoint, as he the said attorney shall from time to time think fit. In witness whereof I, the said A. B., have hereunto set my hand and seal this 1st day of January A. D. 1823.

Appointment of a fresh Attorney or Agent, on the

decease of the first.

Witness, &c.

A. B. (L. s.)

[In case it should be considered expedient to provide for the death or bankruptcy of the agent, then, at the conclusion of the above precedent, the following appointment may be introduced:-" And whereas the said A. B. being desirous of providing for the event of the decease of the said C. D. during the absence of him the said A. B., hath requested one E. F. of, &c. to take upon himself the care of the estate and effects of the said A. B., and to act for him in his absence in the event of such decease as aforesaid, which he hath consented to do. Now, therefore, further know ye, that I the said A. B. have made, deputed, constituted and appointed, and by these presents do make, depute, constitute and appoint the said E. F. my true and lawful attorney from and immediately after the decease of the said C. D., in case he shall happen to depart this life during the absence of me the said A.B., to act in and conduct and manage all and every the affairs, matters and things of me the said A. B. in such and the same or like manner in all respects as he the said C. D. could or might have done in his lifetime. And I the said A. B. do hereby accordingly give and grant to and vest in him the said E. F. all and every such and the same or the like powers and authorities in or concerning the premises in all things as are herein-before given and granted to or vested in the said C. D., and as if the name of the said E. F. had throughout these presents been inserted instead of the name of the said C. D. And I the said A. B. do hereby ratify and confirm, and promise and agree to ratify and confirm, all and whatsoever the said E. F., or his lawful attorney or attornies, shall lawfully do or cause to be done in or about the premises by virtue of these presents."]

Appointment of TO all to whom these presents shall come. I, C. D. of, &c. send a Sub-attorney, greeting. Whereas A. B. of, &c. by a certain deed poll or instrument in in pursuance of a writing under his hand and seal, bearing date the Power from the Principal for that Purpose.

day of

A. D.

constituted and appointed me his true and lawful attorney, for the purpose of collecting and getting in the several debts and sums of money owing to him the said A. B., (or as the case may be) and thereby authorized and empowered me from time to time to substitute, nominate, and appoint one or more attorney or attornies under me, for all or any of the purposes in the said deed poll mentioned. Now know ye, that I the said C.D., pursuant to and in exercise of the power and authority so given to me as

herein-before is mentioned, have nominated, substituted, and appointed, Vol. III. Ch. III. and by these presents do nominate, substitute and appoint E. F. of, &c. in my place and stead, to act as and be the attorney of him the said A. B., and in his name or otherwise to ask, demand, sue for, recover and receive all and every the debts, dues, sum and sums of money due and owing unto him the said A. B., and which have not been by me received and recovered, and which said debts, dues, and sum and sums of money are or are intended to be set forth in the schedule hereunder written. And upon receipt or recovery thereof, receipts, releases, and other proper and sufficient discharges and acquittances to give for the same, I the said C. D. hereby giving and granting unto the said E. F. my whole power and authority, as attorney of the said A. B., in and concerning the premises aforesaid, and for that purpose to take, commence, use, exercise, and prosecute all lawful actions, remedies, suits, expedients and means, as fully and effectually, to all intents and purposes, as I the said C. D. could or might do under or by virtue of the herein-before in part recited power or authority given to me for that purpose. In witness, &c.

Know, &c. that I, A.B. of, &c. the lawful attorney of C.D. of, &c. have The like in a made, ordained, authorized, constituted, appointed, and substituted, and more concise by these presents (by virtue of the power and authority to me in that behalf Form. given by the said C.D., by a certain writing or letter of attorney under his

day of

hand and seal, dated the
now past) do make, ordain,
authorize, constitute, appoint, and substitute E. F. of, &c. in my place and
stead to act as and be the attorney of the said C. D., and in his name to de-
mand and receive of and from G. H., &c. all, &c. And upon receipt of the
said sum of £, or any part thereof, by virtue of these presents, to
make and give sufficient receipts and discharges for the same. And I the
said A. B. do hereby give and grant unto the said E. F. all my full power and
authority as attorney of the said C. D., and otherwise, in and touching the
said premises, to use, have, and take all lawful ways and means in and for
recovering of the said sum of, and every part thereof, of the said
G. H., and to do and perform all other matters and things in and to the pre-
mises requisite and necessary, as fully as I myself might or could do by virtue
of the power to me given by the said C. D. or otherwise. And I do hereby
ratify, &c. (as usual, see ante 12.)

(To the words “ appoint, &c." as in a general power of attorney, and then Power to Two as follows :)

-appoint D. and E., &c. jointly, and either of them severally, and in case of the decease, absence, or refusal of the said D. and E. or either of them, to act as our attornies by virtue hereof; then we ordain, authorize, constitute, and appoint F. of, &c. alone or together with either of them the said D. and E. as shall be living and present there, and will act as our attorney by virtue of these presents, jointly, or either of them severally, to be our true, &c.

Persons, but in case of Death, Absence, or Refusal of both or either of them, then to another,

alone or with the party who

will act.

Power to Three
Persons, but in
case of Death,
Absence, or Re-

fusal of Two of

appoint B., &c. C. and D., &c. jointly, and either or any of them severally, my true and lawful attorney and attornies, and in case of the decease or absence of the said C. and D. or either of them, or of their refusal to be and act as my attorney or attornies together with the said B. by virtue hereof, then and not otherwise I make, ordain, authorize, constitute, and them, then to appoint E. of, &c. together with the said B., in case of the death or of the another, to join absence or refusal of both of them, the said C. and D. to act as aforesaid, him who will or together with either of them the said C. and D. as shall be living and act. present there, and will act by virtue hereof, jointly, or any of them severally, to be my true and lawful attorney or attornies, for me and in my name, &c.

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