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DEPOSITION.

Execution (conveyance).

Stamp.

No. CCCXXXII.

*Deposition of the Execution of Deeds of Lease and Release or other Conveyance.

(The Deponent) of, &c. maketh oath and saith, that he was
present at the execution of the indentures hereunto annexed, the
one thereof bearing date on or about the day of
and the
other thereof on or about the day next thereafter, the said last men-
tioned Indenture being made or expressed to be made between, &c.
and did see the said (party) of, &c. therein mentioned, sign, seal,
and as his act and deed deliver the same Indentures respectively,
and that he this deponent subscribed his name upon the back of
each of the said Indentures as a witness to such signing, sealing,
and delivering thereof respectively.
SWORN, &c.

(Deponent).

See post. Vol. III. "STAMP," Sched. " AFFIDAVIT."

No. CCCXXXIII.

A Deposition of the Execution of a Letter of Attorney (1).

(The Deponent) of, &c. maketh oath and saith, that he was present and did see the (principal) of, &c. duly sign and seal, and as his act and deed deliver the letter of attorney hereunto annexed, and that the name (principal's.name) thereunto set, as the name of the party executing the same, is of the proper hand-writing of him the said (principal), and that the names (one witness) and (deponent's name) respectively, set or subscribed as witnesses to the due execution of the said letter of attorney, are of the proper hands writing of the said (witness) and of this deponent respectively. SWORN, &c.

(1) In order to make, &c.

(Deponent).

DEPOSITION.

Execution (letter of attor ney).

Rule of Court.

See

post. Vol. III. "STAMP," Sched. " AFFIDAVIT."

Stamp.

DEPOSITION.

Execution

(warrant of attorney).

Stamp

No. CCCXXXIV.

*A Deposition of the Execution of a Warrant of Attorney (1) to

confess Judgment.

Variations where it is a Cognovit (2).

(The Deponent), of, &c. maketh oath and saith that he was present at the execution of the warrant of attorney [or cognovit] (a) hereunto annexed by (the cognizor) therein named on the

day

of
now last past, and did then see him the said (cognizor)
duly sign, seal, and as his act and deed deliver the said warrant
of attorney: AND that the name (cognizor's name) set and subscribed
to the said warrant of attorney, [or cognovit] is of the proper hand-
writing of him the said (cognizor). AND that the name (witness)
set and subscribed as the witness to such execution as aforesaid is of
the proper hand-writing of this deponent.

SWORN, &c.

(Deponent).

(1) An affidavit is required to be filed of the execution of warrants of attorney.

(2) A like affidavit is necessary of the execution of a cognovit.

See post. Vol. III. "STAMP," Sched. "AFFIDAVIT."

No. CCCXXXV.

* A Deputation (1) of a Clerk of the Peace (2) by the Custos Rotulorum of the County.-(usual form).

To (intended clerk) of the town of

in the county of

DEPUTATION.

Clerk of the

Peace.

gent. (3). WHEREAS, &c. [recite the letters patent or act of Par- Recital.

(1) See also" APPOINTMENT," ante, Vol. I. p. 235, et seq.

(2) The clerk of the peace is an officer belonging to the sessions of the peace, whose duty it is to draw processes, read indictments, enrol proceedings, and whose appointment belongs by statute to the custos rotulorum of the county, and it may by 37 Hen. 8. c. 1. be executed by deputy; but cannot be sold.

As to what offices may by the common law or the ancient statutes be performed by deputy, see 1 Elem. Con. 2nd Ed. 284. The law is now however altered as to certain offices attached to the courts of justice by 6 Geo. 4. c. 82. by which it is declared that the offices of chief clerk of the Court of King's Bench, clerk of the Treasury, and custos brevium and filaser, exigenter, and clerk of the outlawries, and the several offices in the gift of the said chief clerk shall not only not be saleable as heretofore, but be executed by the several officers in person, and not by deputy, unless (sec. 4.) by reason of ill-health or other infirmity, or other reasonable cause, to be allowed by the Chief Justice of the Court of King's Bench: in which case a deputy may be appointed by such Chief Justice, specifying in the appointment the cause thereof.

And by act of the same year, c. 83. the like is declared concerning the offices of the chief and third prothonotaries of the Court of Common Pleas, clerk of the king's silver, clerk of the jurata, clerk of the essoigns, clerk of the warrants, enrolments and estreats, exigenter, clerk of the supersedeas, filasers for all the counties in England, and clerk of the errors in the Exchequer Chamber.

And by both the above acts it is provided that every officer within those acts shall render to the Commissioners of the Treasury, within one month after each term, a true account of all fees taken by them, and pay the same into the Receipt of Exchequer.

And that where a deputy shall be appointed, and any portion of the fees is to be paid to his principal, the same shall be paid to him in the first instance, and no principal officer shall be accountable for monies received by such deputy.

Geo. 4. c. 82.

(3) Deputations are usually by deed-poll, which is without objection Deed-poll. when they are simply appointments and intended to remain in the hands

DEPUTATION.

Clerk of the
Peace.

Appointment.

To hold during good behaviour.

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liament authorizing the nomination.] Now BE IT KNOWN to you
and to all others whom it doth or may concern, that I the said
(appointor) being fully informed and satisfied of the learning and
experience of the said (clerk) in the laws of this realm, and of his
ability, prudence and integrity, and other fit qualifications for the
execution of the office or clerkship of clerk of the peace of the
said county of
in pursuance of the power and autho-
rity given to me the said (appointor) by the aforesaid acts of par-
liament, [or letters patent,] or otherwise howsoever, and to the intent
that the said office or clerkship of clerk of the peace may be ably
and duly executed by a person of knowledge, industry and integrity,
residing in the same county, HAVE deputed, given and granted,
and by these presents Do depute, give, and grant, unto the said
(clerk) the office or clerkship of clerk of the peace of and for the
same county of
, and you the said (clerk) clerk of the
peace of the said county of
I the said (appointor) do
hereby make, ordain, nominate and appoint TO HAVE, HOLD, enjoy,
and execute the said office or clerkship of clerk of the peace by
you or your sufficient deputy, and to take and receive the fees,
profits and perquisites thereof for so long time only as you the said
(clerk) shall well demean yourself in the said office.

Given under my hand and seal this

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day of

of the appointee as a testification of his authority; but when they contain covenants on the part of the appointee, and one part of the instru ment is (as in such case it ought) to remain with the appointor, it should be by indenture.

Stamp.

Common Deed Stamp.

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