RECONVEYANCE That it is uncertain whether money will be paid off by mortgagor, or to intended transferee. Appointment of attorney to receive money, and upon receipt to execute re transfer. with TO EXECUTE in the parish of, in the county of, therein described, for securing the payment to me of the sum of £OF MORTGAGE. interest thereon: AND WHEREAS I have required payment of the money secured by the said mortgage, and it is uncertain whether the said E. F. (mortgagor) will pay the same himself or whether he will procure some other person or persons to pay the same in consideration of having a transfer of the said mortgage: NOW I, the said A. B., do hereby appoint C. D., of, &c. (attorney), to be my true and lawful attorney for me, and in my name to receive of and from the said E. F. or any other person or persons who may pay the same the said principal sum of £ owing to me upon the security of the said indenture of mortgage, and all interest owing thereon, and to give an effectual receipt for the same: AND ALSO upon such receipt to execute for me and in my name, and as my act or deed, any deed conveyance or which my said attorney shall approve either for reconveying the hereditaments comprised in the said mortgage to the said E. F., or other the person or persons entitled to the equity of redemption thereof, freed and discharged from the said mortgage, and all moneys owing thereon: OR (if the mortgage shall be paid off by any person or persons who may ask for a transfer thereof) for the purpose of transferring to such person or persons, or his or their nominee or nominees, the said principal sum of £ and all interest due and to become due thereon, and the benefit of all securities for the same, and also for conveying unto and to the use of such person or persons as aforesaid, or his or their nominee or nominees, all and singular the hereditaments comprised in the said mortgage, subject to such right or equity of redemption as shall be subsisting therein, AND WHATSOEVER my said attorney shall do in the premises, I hereby agree to ratify and confirm: AND I declare that this power is irrevocable by me for one year computed from the date hereof. IN WITNESS, &c. No. XI. POWER of ATTORNEY to EXECUTE a particular, DEED set TO EXECUTE DEED SET OUT IN SCHEDULE. of which a of attorney to TO ALL TO WHOM THESE PRESENTS SHALL COME, I, A. B., of, &c. (appointor), SEND GREETING: WHEREAS Recital of proposal to a deed of family arrangement is proposed to be made and exe- execute deed, cuted between me and my brothers and sisters, and the trustees draft is set out of the will of X. Y., late of, &c., in relation to the trust estate in schedule. held upon the trusts of the said will, and a draft of the proposed deed has been prepared, and a copy thereof is annexed hereto by way of schedule: AND WHEREAS the draft has been That draft has approved by my solicitor C. D., of, &c., and is also approved by by appointor's been approved me: NOW THESE PRESENTS WITNESS, that I, the said solicitor. A. B., hereby appoint the said C. D. to be my attorney to exe- Appointment cute for me and in my name, and as my act and deed, the deed execute deed. to be engrossed from the draft, a copy whereof is annexed hereto by way of schedule: PROVIDED ALWAYS, AND I AUTHORISE my Proviso said attorney (if he shall think fit), to consent to any alterations authorising attorney to in the said draft before the engrossment thereof, so as such consent to alterations be not inconsistent with the general purport and draft. effect of the said arrangement as set out in the said draft: AND I DECLARE that the deed which shall be executed by my said attorney in professed exercise of this power shall be deemed to be the deed hereby authorised to be executed by him, notwithstanding any variations therein from the said draft as set out in the schedule hereto, and his execution shall be conclusive evidence that the variations have been approved of by him, and are such as hereby authorised: AND I ALSO DECLARE that this power is irrevocable by me for one year computed from the date hereof. IN WITNESS, &c. THE SCHEDULE ABOVE REFERRED TO. alterations in 772 MISCELLANEOUS INSTRUMENTS. WARRANT OF ATTORNEY TO CONFESS JUDGMENT. Warrant of attorney to ment. No. I. WARRANT of ATTORNEY to confess JUDGMENT (a). To E. F., of, &c., and G. H., of, &c., Solicitors of Her Majesty's Supreme Court of Judicature, jointly and severally, or to any other solicitor of the same Court. THESE ARE TO DESIRE confess judg- AND AUTHORISE you the solicitors above named, or either of you, or any other solicitor of the said Court, to appear for me, A. B., of, &c., in the High Court of Justice (Queen's Bench Division), in an action of debt for £ for money lent, at the suit of C. D., of, &c., and thereupon to confess the said action, or suffer a judgment to pass against me in the same action, and to be thereupon forthwith entered up against me of record of the same Court for the sum of £ and costs of suit: And I, the said A. B., hereby further authorise and empower you 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 C. D., of all and all manner of errors, defects, and imperfections whatsoever, had, made, committed, done, or suffered, or to be had, made, committed, done, or suffered in, about, or concerning the aforesaid judgment, or the proceedings relating thereto: And whatsoever you, or any one of you, shall do or cause to be done in the premises, or any of them, (a) A warrant of attorney to confess and enter up a judgment given as security for the payment or repayment of money, or for the transfer or re-transfer of stock, is liable to the same stamp duty as a mortgage for the same purpose. A warrant of attorney of any other kind is liable to a stamp duty of 10s. (33 & 34 Vict. c. 97.) this shall be to you and to every of you a sufficient warrant or IN WITNESS whereof I have hereunto set my hand and seal the SIGNED, sealed, and delivered by the said A. B. L. M. [Signature of defendant's solicitor.] (b) By the Debtors Act, 1869 (32 & 33 Vict. c. 62), it is provided that a warrant of attorney to confess judgment in any personal action or cognovit actionem given by any person shall not be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person expressly named by him, and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney (sect. 24); and a warrant of attorney not executed in manner aforesaid shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same (sect. 25). And sect. 26 provides that where in an action a warrant of attorney to confess judgment is given, and the same, or a true copy thereof, is not filed in the Queen's Bench within twenty-one days after the execution thereof, as required by 3 Geo. 4, cap. 39, the same shall be deemed fraudulent and void, and if any such warrant of attorney was given subject to any defeazance or condition, such defeazance or condition shall be written on the same paper or parchment with the warrant before the filing thereof, otherwise the warrant shall be void. The above enactments are substituted for similar clauses in Acts of Parliament repealed by the Act 32 & 33 Vict. c. 83. By the Judicature Act, 1873, sect. 87, all persons admitted as solicitors, attorneys, or proctors are to be called solicitors of the Supreme Court of Judicature. WARRANT OF DEFEAZANCE ON WARRANT OF ATTORNEY. Recite mortgage of policy to secure £and interest. Defeazance. No. II. DEFEAZANCE to be indorsed on the WARRANT of ATTORNEY contained in the LAST PRECEDENT, given to secure and Interest. the payment of £ WHEREAS by an indenture bearing even date with the withinwritten warrant of attorney, and made between (parties), in consideration of the sum of £1,000 paid by the said C. D. to the said A. B. the said A. B. has assigned a policy of assurance on his life for the sum of £Assurance Office, and numbered effected in the day of and the moneys thereby assured, unto the said C. D., by way of security for the payment of the sum of £1,000, with interest for the same after the rate of £5 per cent. per annum, on the next: AND the indenture now in recital contains covenants by the said A. B. for the payment of the said sum of £1,000, and the interest thereof, and to keep on foot the said policy, and to effect a new policy in case the subsisting policy shall become void, and to repay to the said C. D., his executors, administrators, or assigns, all moneys (if any) paid by him or them in or about the keeping on foot the said policy or in effecting or keeping on foot any such new policy as aforesaid: NOW BE IT REMEMBERED, that the within-written warrant of attorney is given as a collateral security for the payment of the principal money and interest secured by the said indenture: AND it is hereby declared that no execution shall be issued or taken out upon the judgment or judgments to be confessed in pursuance or by virtue of the said warrant of attorney, unless and until default shall be made in payment of the principal money and interest secured by the said indenture, or some part thereof respectively, contrary to the true intent and meaning of the said indenture: AND that in case default shall be made in payment of the said principal money and interest, or any part thereof respectively, contrary to the true intent and meaning of the said indenture, then and in such case it shall be lawful for the said C. D., his executors, administrators, or assigns, to sue out such execution or executions, or other process, upon or by virtue of the said judgment or judgments, or any of them, as |