Warrant Of Attorney - Definition - Law Dictionary Home Dictionary Definition warrant-of-attorney

Definition :

Warrant of Attorney, a written authority addressed to one or more solicitors to appear for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for the performance of any agreement between the parties; but it does not extinguish an original debt, or affect the right to sue upon it, unless judgment has been signed, for until this is done it is merely a collateral security. It is usual to make the warrant subject to be defeated on the performance of certain conditions, and when this is the case, they are set forth in an agreement hence called the defeasance.

The Debtors Act, 1869, contains various provisions in regard to warrants of attorney, e.g., they must be executed in the presence of a solicitor acting on behalf of the person signing and explaining the consequences and effect of the warrant, and filed at the Central Office (Bills of Sales Department) of the Supreme Court within twenty-one days, and if affecting land, registered under the Land Charges Act, 1925, s. 6, every five years. see LAND CHARGES. If a warrant of attorney be obtained by fraud, duress, or misrepresentation, or upon illegal consideration, the Court will order it to be delivered up to be cancelled, and will set aside all proceedings upon it, and so if a material alteration be made in it. If the warrant is good in part, and bad in part, the Court will sustain it quoad the good part. If the fact of the consideration be doubtful, the Court may direct an issue to try it. See COGNOVIT and Chitty's Archbold.