and truly declare and affirm) that the shares on which my attorney and agent in the (within, foregoing, or above, as the case may be) proxy is authorized to vote, do not belong, and are not hypothecated to said company (or corporation), and that they are not hypothecated or pledged to any other company, corporation, or person whatever; that such shares have not been transferred to me for the purpose of enabling me to vote thereon at the ensuing election, and that I have not contracted to sell or transfer them upon any condition, agreement, or understanding in relation to my manner of voting at the said election (and this I do under the pains and penalties of perjury.)

(Signed) A. B. Subscribed and sworn (or affirmed) to, before me this day of - A. D..

(Signature and title of officer.) RATIFICATION.

See "CONFIRMATION" above, and the ending clauses of the various forms above and below.

Hereby ratifying and confirming all that may be lawfully done in the premises by virtue hereof. Another.

Hereby ratifying and confirming all lawful acts done by my said attorney in the premises by virtue hereof.

to receive the dividends which are or shall be payable according to law on all the stock standing in my name in the books of the R. and Y., Railway Company (S. and L., Steamship Line, or Treasury of the United States, or B. and K., Banking Company, etc., etc.), with full power to make and substitute an attorney or attorneys under him for that purpose, and to do and perform all things lawful and requisite in the premises; hereby ratifying all that my said attorney or his substitutes shall lawfully do by virtue hereof.

ASSIGNMENT OF DIVIDEND.

(Add to either of the above forms when proper) and to assign, transfer, and set over unto E. F. and G. H. the sum of dollars of said dividend (or stock, or of the following dividends, or stocks, to wit, specifying them).

TO RECEIVE Freight, etc.

to demand, sue for, and prosecute with effect, and receive, for my use, and the use of C. D., E. F., and G. H., part owners of the ship

all such sums of money as are due from M. R., C. H., and N. T., etc., merchants, etc., for freight, or otherwise for or concerning any and all goods and merchandise, imported by said ship in her late voyage from, by virtue of a charter party bearing date the day of, or otherwise, and upon receipt thereof to give sufficient acquittances and releases for the same.

TO RECEIVE MONEY NOT YET DUE, ETC. to demand and receive on the day of next, the sum of - dollars for the payment of which C. D. and E. F., of, by their obliga

tion, bearing date the day of last, are bound unto me, and upon payment thereof to receipt for the same and cancel said obligation. And if the same shall not then be paid, to sue for the sum of - -dollars, the penalty of said obligation.

TO RECEIVE MONEY FROM UNDERWRITERS.

to ask, demand, sue for, and recover the several sum and sums of money which I, the said A.B., may be entitled to recover, together with all costs and charges incident thereto, from certain underwriters, by whose policies of insurance certain goods and merchandise, shipped by the ship, were assured from loss and damage by sea, by them respectively, as follows, to wit (specifying what goods and merchandise were assured by each underwriter separately), all of which said goods and merchandise became wholly damaged and lost from said ship's being forced by stress of weather into.

And in default of payment of the same, or any part thereof, for me and in my name to commence and prosecute to final effect any actions at law or equity against said underwriters or their legal representatives, or whomsoever else it may concern, for the recovery and enforcing payment thereof; and on payment of the same, or any part thereof, for me and in my name, to execute suitable discharges.

And if my said attorney shall deem expedient, to compromise or submit to arbitration the several claims and demands which I have against said underwriters by virtue of said policies of

insurance.

And generally, etc.

TO RECEIVE POSSESSION OF REAL ESTATE. to receive and take peaceable possession of the following described premises, situated in County and State of (describing them), which was heretofore conveyed in fee, together with all privileges and appurtenances, by C. D. to me, by an instrument in writing bearing date the day of, and duly executed and acknowledged and recorded as required by law, in the office of, in said county. Receiving and taking the same of said C. D. or his agent or attorney thereunto lawfully authorized, according to the true intent of said conveyance.

Another.

to take and receive of the sheriff of county, or his deputy, peaceable and quiet possession of all and singular the following described lands, tenements and hereditaments, situated in

county, State of, which were lately be longing to C. D., and which said sheriff has caused to be set off to me, by virtue of an execution to him directed, etc. Giving and granting, etc. TO RECEIVE A LEGACY.

to ask, demand and receive of and from E. X. and T. R., executors of the last will and testament of D. D., late of, deceased, the legacy of- dollars, given and bequeathed me by said will; and upon receipt by, or payment to my said attorney, to make, execute and deliver a general release or discharge for the same; hereby ratifying, etc.

Another.

to ask, demand and receive of and from C. D. the sum of dollars, which D. D., late of -, deceased, by her last will and testament, bearing testimony the- day of -, did give and bequeath unto me, upon my executing and delivering a general release unto the executors of said D. D., making E. X., of, his executor, said will having been duly proved, and having executed and delivered said release to my said attorney, to be by him delivered to said E. X. upon payment of said sum; giving and granting unto my said attorney full power, etc.

TO RECEIVE PRINCIPAL AND INTEREST, etc. to ask, demand and receive all sums of money loaned to the following named persons, with the interest accrued and to accrue, to wit (give name of borrower, amount loaned, time of loan, rate of interest and interest accrued, etc).

Also to ask, demand and receive all dividends which shall be payable, according to law, on the

following described stock, standing in my name, to wit (describing it).

TO RECEIVE Share of Estate, etc.

to ask, demand and receive of and from A. D. and M. R., who were duly appointed administrators of the estate and effects of D. D., deceased, (my portion and share of) certain personal property belonging to said deceased in his lifetime, and which is to be divided among (us) the heirs of said D. D., according to the provisions of the statute relative to the distribution of the estates of intestates. And upon receipt thereof by or payment thereof to my (or our) said attorney, to make, execute and deliver a good and sufficient receipt, release and discharge for the same; hereby ratifying, etc.

to ask, demand, receive and receipt for, of and from all and every person and persons whatsoever, all sums of money which now are and shall at any time hereafter become due and owing to me for wages from (state whom), and also all other moneys now due, or to become due and owing to me by any ways, means or persons whatever.

And upon non-payment of the same or any part thereof, I hereby authorize and empower my said attorney to enforce the same by any action or legal proceeding, in my name or otherwise, necessary or requisite for the recovery of the same.

TO SELL PERSONAL PROPErty, etc. -to sell, transfer and deliver unto (state whom) or any other person or persons (here describe the property or goods).

Giving and granting my said attorney full power of substitution and revocation.

In witness, etc.

TO SELL REAL ESTATE.

to sell and convey the following described real estate, situated in county, and State of for the sum of dollars, and upon the receipt of said sum to execute and deliver to the purchaser thereof, or his attorney, a good and sufficient warranty deed for the same.

TO SELL REAL ESTATE, ETC.

A power to sell and convey is not a power to mortgage. And a power to do the one will not authorize a doing of the other, nor of anything save the precise act authorized.

to grant, bargain, sell and convey the following described premises, situated in county, and State of, to wit (describing them), or any part thereof, for such price, and on such terms as he shall deem proper, and in my name to make, execute, with or without covenants and warranty, acknowledge and deliver good and sufficient conveyances for the same.

The following may be added when proper: And until the sale thereof, to lease said real estate for the best rents that can be procured for the same, and to ask, demand, distrain for, collect, recover and receive all sums of money which shall become due and owing to me, by means of 'such bargain and sale or lease.

Giving and granting unto my said attorney, etc. TO SELL REAL ESTATE, ETC.

to grant, bargain and sell all that part and parcel of real estate, situated in county, and State of, and described as follows, to wit (describing it), with the appurtenances, and all my estate, right, title and interest therein, unto such person or persons, and for such sum or sums of money (or for such consideration or considerations), for cash, or upon such credit or credits as my said attorney shall deem most for my advantage and profit; and upon such sale or sales to make, seal, acknowledge and deliver, in due form of law,

a-3 Hill, 361; 3 Barb. 128; 1 Sandf. 17; 4 Comst. 9; 7 Wend. 446.

с

suitable and proper deeds, general or special, of warranty, quit claim, or otherwise, as my said attorney shall deem expedient, and for me and in my name to accept and receive all and every the sum and sums of money (or consideration or considerations), whatsoever, which shall be coming to me on account of said sale or sales, and upon receipt thereof, in my name and stead, to make, seal and deliver suitable acquittance or acquittances.

And generally giving my said attorney full authority and power touching the premises, to do, execute and perform in all things as amply and fully as I might if personally present.

to sell and transfer unto any persons whomsoever, and for such price as my said attorney shall think fit, all and any of the following stocks (describing them).

And also for me, and in my name, to make and pass all necessary acts of assignment, and to give and receive receipts and releases for the consideration money arising from the sale thereof.

And also for me, and in my name, to give receipts for all interest and dividends now due or that shall hereafter become due on said capital stock, until the sale and transfer thereof. In witness, etc.

TO SELL VESsel, etc.

to sell, convey and transfer all of our several interests in the ship S., whereof A. B. is five-eighths, C. D. two-eighths, and E. F. oneeighth owners, together with her tackle, boats, apparel and furniture, to any person or persons, and for such sum and sums of money as he may deem proper, to receive and receipt for the same, and to execute and deliver the purchaser or purchasers thereof good and sufficient bills of sale or other conveyances thereof.

Giving and granting, etc.

TO SIGN WRITINGS, ETC.

to make, execute, sign, seal and deliver all agreements, bills, bonds, contracts, conveyances, specialties or other instruments, which shall be necessary to the proper (conducting of the following business, or completion of the following business, or other matter, specifying it).

And to do and perform all and every act and deed of whatsoever name or nature, legally appertaining to the same.

To SUBSCRIBE, ETC. to subscribe for (state what).

TO SUBSTITUTE.

To substitute one or more persons under him with like power.

Confirmation-General Form. Whereas, misrepresentation has arisen as to the authority and power of C. D., of, in the county of, and State of, in my name and behalf to execute a certain agreement between E. F. of the one part and myself of the other part; and whereas, said agreement has been executed by the said C. D., as my lawful attorney, and the said E. F. respectively:

Now, therefore, these presents witness that I, A. B., of ——, in the county of, and State of have examined and read said articles of agreement, and that I do hereby ratify and confirm the same, and do declare that the said C. D., who did, as my lawful attorney, execute the same, did so execute the same by my authority and with my consent; and I do now fully ratify and confirm all his acts and doings, in and about the same, in as full a manner as if I, myself, had executed the same.

In witness whereof, I have hereunto set, etc. (If the power be to convey real estate, then this clause should be the same as in conveyances of real property, which see).

Custom House Power-General Form. to receive and enter at the custom house of the district of any goods, wares or merchandise imported by me, or which may hereafter arrive, consigned to me; to sign in my name and seal and deliver, as my act and deed, any bond or bonds which may be required by the collector of said district, for securing the duties on any such goods, wares or merchandise.

Also to sign my name to, seal and deliver for me and as my act and deed, any bond or bonds requisite for obtaining the debenture on any goods, wares or merchandise when exported.

And generally to transact all business at said custom house, in which I am or may hereafter be interested or concerned, as fully as I could if personally present.

And I do hereby declare that all bonds signed and executed by my said attorney shall be as obligatory on me as those signed, sealed and delivered by myself.

This power shall remain in full force until revoked by written notice given to said collector. In witness, etc.

Custom House Power-Special Form. to receive and enter at the custom house of the district of, any goods, wares or merchandise, imported by or consigned to me, in the

-(naming the vessel by which the goods are shipped) and in my name and as my act and deed, to sign my name to, seal and deliver any bond or bonds required by the collector of said district for securing the duties on the same.,

Ålso, and in my name and as my act and deed, to sign my name to, seal and deliver any bond or bonds requisite for obtaining the debenture on any of said goods, wares or merchandise, when exported for me.

And generally to transact all business at said custom house, in reference to said goods, wares and merchandise which may be requisite and necessary in the premises, as fully as I could if personally present.

And I hereby declare that all bonds signed, sealed and delivered by my said attorney in the premises shall be as obligatory on me as those signed, sealed and delivered by myself.

In witness, etc.

-to

That I, A. B., of in and by my letter of attorney bearing date the day of, did make, constitute and appoint A. Y., of, my true and lawful attorney, for me and in my stead, (state what) as by said letter will more fully appear. That I, the said A. B., have annulled, countermanded, revoked and made void, and by these presents do annul, countermand, revoke and make void the said letter of attorney and all authority and power thereby given or intended to be given to the said A. Y.

In witness, etc.

Revocation of Power and Substitution.
Know all men by these presents:
That I, A. B., of the city of

and State of

did heretofore, by a certain instrument in writing, or letter of attorney, bearing date the

day of, empower A. Y., of, in my name and for my use, to (state what); and to do and perform all other matters and things as fully as I myself might or could do for the purposes intended, etc., and to that or like effect, as by said instrument more fully and at large appears.

That I, the said A. B., for divers good causes and valuable considerations, have revoked, recalled, countermanded and made void, and by these presents do revoke, recall, countermand,

and to all intents and purposes make null, void and of none effect the said recited instrument in writing, or letter of attorney, and all the powers and authorities therein and thereby given and granted, and all other matters and things therein contained; and all acts, matters and things whatsoever, which shall or may be acted, done or performed by virtue or means thereof, in any manner whatsoever.

And further know all men:

That I, the said A. B., do by these presents appoint, constitute, depute, make, name and put in my place and stead, S. E., to be my true and lawful attorney, for me and in my name and to my to, etc.

use

In witness, etc.

Substitution of Attorney-Short Form. (For value received) I hereby appoint S. E. (irrev. ocably) as my substitute, with all the powers within (or above) given to me. (Signed) A.Y. Substitution of Attorney-Short Form. To be indorsed on the Power of Attorney.

I hereby appoint S. E. as my substitute and in my stead to do and perform every act and thing which I might or could do by virtue of the within power of attorney. (Signed) A. Y. Substitution of Attorney-General Form.

To be indorsed on the Power of Attorney. Know all men by these presents: That I, A. Y., of -, by virtue of the authority given me by the within power of attorney, do substitute S. E., of, as attorney in my stead, to do, perform and execute every act and thing which I might or could do by virtue of the said power of attorney. Hereby ratifying all that my said substitute shall or may do in the premises and of the within power of attorney.

In witness, etc.

For form of ACKNOWLEDGMENT, see that title. Substitution of Attorney-General Form.

Know all men by these presents:

That I, A. Y., of, by virtue of the authority and power to me given, in and by the power of attorney of A. B., of, which is hereunto annexed, do appoint and substitute S. E., of to do, perform and execute every act and thing which I might or could do, in, by or under the same, as well for me, as being the true and lawful attorney and substitute of the said A. B. Hereby ratifying all that said attorney and substitute shall do in the premises, by virtue hereof and of said power of attorney. In witness, etc.

For form of ACKNOWLEDGMENT, see that title. Substitution of Attorney-General Form.

Know all men by these presents:

That A. B., by his letter of attorney, a copy of which is hereunto annexed, did appoint and constitute me, the undersigned, A. Y., his attorney for the purposes and with the powers in the same letter of attorney at large contained.

That I, the said A. Y., by virtue hereof, and of the power of substitution in said letter of attorney appearing, do substitute and depute S. E., of to be the lawful and sufficient attorney of said A. B., with all and every authority and power of acting in the name, place, stead, and to the use of said A. B., granted to me by said letter of attorney, which I can lawfully exercise and delegate.

And I hereby ratify and confirm whatsoever the said S. E. shall lawfully do, or cause to be done in the name of the said A. B., or in my name as attorney of said A. B., to the use of said A. B., by virtue of these presents, and the power of substitution in said letter of attorney contained. In witness, etc.

For form of ACKNOWLEDGMENT, see that title. AN ATTORNEY AT LAW is an officer of a court of justice, who is employed by a party in an action to manage the cause for him. In this sense he is also called advocate, counsellor at law, lawyer, and solicitor.

A client is one who employs and retains an attorney and counsellor to manage or defend a suit or action, to which he is a party, or to advise him about legal matters.

Appearance by attorney is the general rule, and appearance without, the exception. It results from the nature of their functions, and of their duties, as well to the court as to the client, that no one can, even by consent, be the attorney of both the litigating parties in the same controversy.b

When a party has been aggrieved, and is desirous of obtaining redress for the violation of his rights, he should adopt the best means to put himself completely in the right, and to secure the evidence required to support his case. As most persons are ignorant of the means to be adopted to gain that end, the party should immediately apply to some attorney to aid him. Although a party may himself conduct a suit brought by or against him, yet experience proves it is very dangerous for him to manage his own case, whatever may be his learning or qualities. He labors generally under such an excitement that it would be difficult to benave with that temperance and discretion so necessary to the proper management of a cause; besides, it is proper that he should not come in personal collision with the opponent, for this would produce many indiscreet acts which would be prejudicial to his cause.

In the selection of an attorney it is important to select not a mere lawyer, but a man of honor and honesty, having a knowledge of his professional duties, of the world, and being a good negotiator: one who is disposed to avoid litigation, and, above all, one who has not any connection with the adverse party. Pay him a retaining fee. When an attorney is thus employed, there is an implied contract, on his part, that he will use due diligence in the course of legal proceedings. He is bound to act with the most scrupulous honor, and to attend to the interest of his client only.

The principal duties of an attorney are: to be true to the court and to his client; to manage the business of his client with care, skill, and integrity; to keep his client informed as to the state of his business; and to keep his secrets, confided to him as such.

An attorney at law, by his admission as such, acquires rights of which he cannot be deprived at the mere discretion of the court. Such an attorney need not prove his authority to appear

a-Appearance by an attorney has been allowed in England from the time of the earliest records of the courts of that country; they are mentioned in Glanville, Brocton, Fleta, and Britton; and a case turning upon the party's right to appear by attorney, reported Year B.. 17 Edw. 3, p. 8, case 23; in France such appearance was first allowed by letters patent of Philip le Bel, A. D. 1290; 1 Fournel Hist. des Advocate, 42, 43, 92, 93: 2 Loisel. Contumes, 14, 15. b-Farr. 47- e-8 Watts. 81: 3 W. & S. 486. d-4 Burr. 2061; 1 B. & Ald. 202; 2 Wils. 305: 1 Bingh. 347. e-20 Cal. 427. f-9 Wheat 738-830; 6 Johns. 31-296; 27 Miss. 567: 7 Harr. & Johns. 275; 16 S. & R. 369; 1 N. H. 23; 8 Foster (N. H.) 302; 11 Johns. 464: Burghart vs. Gardner, 3 Barb. 64: 1 Jac. & W. 457: solicitor is the legal designation of one who fills the place in a court of equity correspond

An at

If

for any party in court, and act for them there, unless his authority be denied, and some evi. dence be offered tending to show that he has no such authority. But a person who is not an attorney at law, and who offers to appear for another in court, by special authority, must prove such authority if requested.§ torney's implied duty to use reasonable skili, care, etc., is the same as that of other persons, to whose care and skill anything is intrusted.h He is not responsible for a mistake in a doubtful point of law, or of practice, nor for the fault of counsel retained by him. He is liable for disclosing privileged communications. discharged by one party, he may act for an opposite party, provided he makes no improper use of knowledge obtained by him while acting for the first party.m But he may not act for an opposite party if discharged by his first client for misconduct." The law implies a contract on the part of the client to pay his attorney the legal fees, or statute rate of compensation. And if a client asserts that the services were to be rendered for a less compensation, the burden rests on him to prove this bargain. If a bargain be proved, the attorney cannot recover more by showing that his services were worth more. And even if he shows that the case was deemed, with good reason, a desper ate one, this will not sustain his claim for an excessive compensation, as, half the sum re covered. If, during the suit, an attorney makes a contract with his client, which is void for champerty, he may still recover a proper compensation for services rendered before the illegal bargain. An attorney cannot maintain an action for compensation for services, merely by proof that the services were rendered; but must go further and show that they were requested, or, in other words, that he was retained as an attorney or counsel.t And he cannot recover his bill against his client, if his client has received no benefit whatever from his services by reason of his want of care and skill. An attorney is, in general, personally liable on an agreement made by him, in his own name, although only personally concerned in the matter." And where employed in the usual way to conduct a suit, he has, in general, no authority to enter into a compromise without the sanction of his client, express or implied.

The qualifications requisite to enable a person to practise law in the various courts ing to that of an attorney in a court of law; Maughan Ch. 1,2 1.9 Wheat. 829. h-4 Burr. 2060: 3 Camp. 17-19: 7 C. & P. 289; 6 Bing 460; 2 Bing. N. C. 625; 16 S. & R. 368; 15 Mass. 316; 15 Pick. 440; 2 Cush. 316; 12 E. L. & E. 403; 28 Id. 424; 5 H. & N. 890. i-4 B. & Ad. 424; 1 Nev. & M. 262; 9 M & W. 569: 4 Burr. 2060. j-3 B. & C. 738.. K-4 Mo. & P. 149, S. C; 6 Bing 460. 1-3 Bing, N. C. 235; 27 Beav. 140; 3 Met. (Ky.) 51; 15 Ind. 50; 13 La. An. 330; 11 Ohio St. 261; 26 Ill. 225. m-1 Jac. 300-303-304: 19 Ves. 261; 4 Tyr.

78.

n-19 Ves. 261; 4 Tyr. 78. 0-1 Sanf. 569. p-fd. q-12 Ala. 790. r-Wright, 485. S-1 Pick. 415: 4 Litt. 417: 6 Monr. 392; 7 B. Mon. 305. t-3 Barb. 64. u-6 Bing. N. C. 111; 12 A. & E. 373: 7 Bing. 569; 12 Wend. 517; 1t Johns. 547. V-1 Cr. & M. 714; 1 B. & C. 160; 3 B. & Ald. 47; 1 C. & P. 307; 12 N. H. 179 15 Id. 569.

are, in general, prescribed by the General Statutes of each State.

A retainer is the act of a client, by which he engages an attorney or counsellor to manage a cause, either by prosecuting it when he is plaintiff, or defending it when he is defendant. The retaining fee is that given to counsel on being consulted, to insure his future services.

b

He

The effect of a retainer to prosecute or defend a suit is to confer on the attorney all the powers exercised by the forms and usages of the courts in which the suit is pending." may receive payment; may bring a second suit, after being non-suited in the first for want of formal proof; may cause a review of the judgment for error; may discontinue the suit; may restore the action after a nol. pros.; may claim an appeal, and bind his client in his name for the prosecution of it; may submit the suit to arbitration; may sue out an alias execution;e may waive objections to evidence, and enter into a stipulation for the admission of facts, or conduct of the trial, and for the release of bail; may waive the right of appeal, review, notice, and the like, and confess judgment. But he has no authority to execute a discharge of a debtor, but upon the actual payment of the full amount of the debt, and that in money only; nor to release sureties; nor to enter a retraxit; nor to act for the legal representatives of his deceased client; m nor to release a witness."

There is an implied contract on the part of an attorney who has been retained, that he will use due diligence in the course of legal proceedings, but it is not an undertaking to recover a judgment. An autorney is bound to act with the most scrupulous honor; he ought to disclose to his client if he has any adverse retainer, which may affect his judgment or his client's interest; but the concealment of the fact does not necessarily imply fraud.P

ATTORNEY'S FORMS Appointment of Attorney at LawGeneral Form.

I, A. B., hereby constitute A. Y., attorney at law, of, my attorney in all causes, real, personal, or mixed, for or against me, in my name to appear, plead, and pursue the same to final effect, with power of substitution. Witness my hand, the

-

day of

- A. D. A. B.

I hereby authorize and empower A. Y., my attorney at law, to appear in my behalf, and as my said attorney represent my entire interests in any action, suit, or legal proceeding (and especially, state the particular cause in any wise affecting the same, with ower of substitution. (Signed) A. B.

W-2 M'Cord, 409; 13 Met. (Mass.) 320. X-13 Mass. 320; 4 Conn. 517; 1 Me. 257; 39 Id. 386; 1 Wash. C. C. 10; 8 Pet. 18. y-12 Johns. 315. Z-16 Mass. 74. a-6 Cow. 385. b-1 Binn. 469. e-i Pick. 462. d- Dall. 164 16 Mass. 396: 8 Rich. 468; 6 McLean, C. C. 190; 7 Cranch, 436. e-2 N. H. 376; see 9 Met. (Mass.) 423. f-2 N. H. 520. g-1 Murphy, 146. h-5 N. H. 393: 4 Monr. 377: 5 Pet. 99. i-8 Dowl. 656; 8 Johns. 361; 10 Id. 220; 10 Vt. 471; 32 Me. 110; 36 Id. 496; 21 Conn. 245; 3 Md. Ch. Dec. 392; 14 Penn. St. 87; 13 Ark.

Appointment of Attorney at Law.
By defendant.

I, C. D.. of, do hereby appoint, constitute, and make A. Y., Esq., of, my lawful and sufficient attorney at law, and in fact, to appear for me in a certain action (suit, or legal proceeding), wherein A. B. is plaintiff, and C. D. defendant, pending in the court of -, and use all lawful ways and means in my defence, and in my name, therein, as may be requisite and necessary in the premises, and as fully as if I were personally present in said court. Hereby ratifying whatsoever my said attorney may lawfully do in the premises.

Witness my hand, this

day of —, A. D. C. D.

Appointment of Attorney at Law.

By plaintiff to commence action.

I, A. B., of do hereby appoint, constitute, and make A. Y., of, my lawful and sufficient attorney, in law and in fact, to institute for me, and in my name, an action (or suit, or legal proceeding), in any court having jurisdiction, against C. D., for (or upon, etc., stating the cause, object, matter, or thing in dispute), and the same conduct to trial, judgment, and execution in as speedy a manner as said A. Y. reasonably can, and to use all lawful ways and means, in my name therein, as fully as though I were personally present in said court. (Signed) A. B.

Appointment of Attorney at Law.
To conduct a suit already pending.

I, A. B., of, do hereby appoint, constitute, and make A. Y. my lawful and sufficient attorney in law, and in fact, to appear for me in a certain action (suit, or legal proceeding) now commenced and pending in the court of, wherein I am plaintiff, and C. D. is defendant, and conduct the prosecution of the same by all lawful ways and means, in my name, in as full and effectual a manner as if I were personally present in said court. Hereby confirming and sanctioning whatsoever my said attorney shall lawfully do in the premises.

day of

A. D. A. B.

A warrant of attorney is an instrument of writing, addressed to one or more attorneys therein named, authorizing them, generally, to appear in any court, or some specified court, on behalf of the person giving it, and to confess judgment in favor of some particular person named therein, in an action at law. It usually contains stipulations not to interpose any proceeding in error, or any matter in equity so as to delay the person in whose favor the judgment is sought.

A warrant of attorney is given to the creditor as a security; having it in his possession, he may sign judgment and have execution issued without the formality of an action at law. A warrant of attorney given to confess judgment is not revocable, in general, and notwithstanding a revocation, judgment may be entered upon it. The death of the debtor however, generally operates as an effectual revocation. So, also, the death of the constit uent operates as a revocation, and where a warrant has been executed by two, it is vacated 644 1 Pick. 347. j-16 Ill. 272; 1 Iowa, 360; see 6 Barb, 201. K-3 J. J. Marsh, 532; 4 McLean, C. C. 83. 1-3 Blackf. 137. m-2 Penning. 689. n-2 Greenl. F

141; 6 Barb. 392; see 3 Met. (Mass.) 413; 29 N. H. 170; 13 N. Y. 377; 36 Me. 339; 3 Ohio St. 528; 12 Mo. 76; 25 Penn. St. 264. 0-Wright, 446; see 3 Campb. 17 7 C. & P. 289; 2 Bingh. 625; 16 S. & R. 368; 2 Cush. 316. p-3 Mas. C. C. 305; 2 Greenl. Ev. 139. q-See 14 East. 576; 2 T. R. 100; 1 H. Bl. 75: 1 Str. 20; 2 W. Bl. 1133; 2 Wils. 3; 1 Chitty Bailm. 707. r-2 Ld Raym. 766, 850; 1 Salk. 87; 7 Mod. 93; 2 Esp. 503.