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WARRANTS Writ or writs of execution, notwithstanding any ATTORNEY. rule or practice of the court in which the said judgment shall be entered on record to the contrary. AND that he the said creditor, his executors, administrators, or assigns, shall not, nor will have, receive, or take, or attempt to have, receive, or take, any plea, exception, proceeding, or other benefit or advantage, for want of reviving or keeping the said judgment on foot.
N. B. A defeasance on a warrant of attorney is considered as part of the same, and that therefore an additional stamp on account of the defeasance is unnecessary, 1 N. R. 279.
Note also, that by rule of the King's Bench, M. T. 42 Geo. 3, Where any judgment on warrant of attorney is to be subject to
defeasance, such defeasance must be written on the same paper or parchment on which the warrant of attorney shall be written, or cause a memorandum in writing to be made on such warrant of attorney of the substance and effect of such defeasance; but in the case of Shaw against Evans, 14 East. 576, Lord Ellenborough said, in the fair and equitable construction of the court, it would be the greatest injustice to cut down the whole security of the party on account of the omission of the attorney employed to prepare it. The court only meant to impose a duty upon the attorney as an officer of the court, which if he has not duly exercised, the defendant may move the court against him.
I CONFESS this action, and that the plaintiff hath sustained damages to the amount of, &c. (the damages laid in the declaration) besides his costs and charges, to be taxed [as between attorney and client] by the master, but no [judgment is to be entered up or] execution is to be issued until, &c. in default of payment of the sum of; &c [the real debt] being the debt in this action, together with costs as aforesaid. And I do here by agree, that no writ of error shall be brought, nor bill in equity filed, and that if [in case the plaintiff shall enter up his judgment default shall be made at the time aforesaid, the plaintiff shall be at liberty to levy the said sum [of, &c.] together with the costs, sheriff's poundage, and all other incidental expences; as witness my hand, this day of
If in Debt.
I confess the debt in this cause, and that the plaintiff hath sustained damages to the amount of is. besides his costs and charges to be taxed, as between attorney and client, by the master, &c. as before.
I do hereby agree (or do hereby authorize
) to withdraw the plea by me pleaded in this cause, and do confess this action, or the debt therein, &c. [as aforesaid.]
N. B. Where the matter of memorandum or agreement shall not exceed the sum of 201. no stamp is required; Peake's Law of Evidence, 2d part, page 207. By the 42 Geo. 3. ch. 98. Schedule A. the old duty is repealed, (Stat. 23 Geo. 3. ch. 58. sect. 1, and 32 Geo. 3. ch. 51.) and a duty of 16s. imposed where the length of the agreement does not exceed 30 common law sheets. The same exceptions are continued as are in the stats. 23 and 32 Geo, 3. Vide Peake's Law of Evidence, page 208, in notes.
DECLARATION OF TRUST.
DECLARATION OF TRUST.
Declaration of the Trusts of an Assignment by way of Mortgage, with Powers of Distress and Sale to secure the Princpal and Interest and waiver of Privilege, the Mortgagor being a Member of Parliament.
the trusts there
THIS INDENTURE made, &c. BETWEEN (mort- Recites an asgagee) of, &c. of the one part, and (mortgagor) lease. of, &c. of the other part. (Recite assignment of lease.) NOW THIS INDENTURE WITNESSETH, Declaration of And it is hereby expressly declared and agreed by of. and between the said parties hereto, That the said messuages, &c. were by the said indenture of three parts so assigned unto the said (mortgagor) his executors, administrators, and assigns, to and for the intent and purpose, and under and subject to the provisoes, declarations, and agreements hereinafter mentioned and expressed; that is to say, that if the said (mortgagee) his exe cutors, administrators, and assigns, shall at any time hereafter before the day of which will be in the year of our Lord minded or desirous to have the sum of £ paid to him or them, and of such his or their mind or desire shall give notice in writing to the said (mortgagor) his executors, administrators, and assigns, or leave the same for him or them at and the said (mortgagor) his executors, administrators, and assigns, do and shall at any time within the space of six calendar months, to be computed from the time of giving
DECLA- or leaving such notice as aforesaid, well and truly TRUST. pay or cause to be paid unto the said (mortgagor) his executors, administrators, and assigns, the said sum of £ together with all interest, which from the day of the date hereof shall be then due or owing for the same, after the rate of five pounds for £ for a year, without any deduction or abatement whatsoever. Or if the said (mortgagee) his executors, administrators, and assigns, do not or shall not, before, &c. give or leave any such notice in writing as aforesaid; and the said (mortgagor) his executors, administrators, and assigns, do and shall well and truly pay, or cause to be paid unto the said (mortgagee) his. executors, administrators, and assigns, the said , on the said and of the annual as and for the yearly interest of the after the said rate of five pounds
sum of sum of
said sum of
for a year, by two even and equal half yearly payments in every year, on the days, or at the times hereinafter mentioned, (that is to say,) on, &c.; the first payment of the said annual sum to begin and be made on the
day of next ensuing the date of these presents, without any deduction or abatement whatsoever : Then, and in either of the said cases, he the said (mortgagee) his executors, administrators, and assigns, shall and will upon the said sum of interest being so paid to him or them as aforesaid, at the costs and charges of the said (mortgagor) bis executors, administrators, and assigns, assign and transfer the aforesaid premises with their appurtenances, unto the said (mortgagor) his executors, administrators, and assigns, for and during all the rest, residue and remainder of the aforesaid term of years, or as he or they