that is to say,

in full for freight, primage, and port charges
and other goods; such freight

of the said intended cargo of

final discharge in the port of

or up to the day of her being lost, captured, or last seen, or such freight to be paid to the commander of the said ship for the time being in cash, in manner following, (that is to say) so much as shall or may have been earned at the time of the arrival of the said ship at her first destined port abroad shall be paid within ten days next after her arrival at such port, and previous to the delivery of her cargo; and at the expiration of every calendar month after that period the freight then due shall be paid up from time to time during the continuance of the said ship in the service of the said (freighter), and the balance of freight that shall or may become due upon the final discharge of the said ship, under and by virtue of this present charterparty, shall be paid on the day the said ship shall be so finally discharged from her said intended service. AND that in case default shall be made of or in the payment of any part of the said freight it shall be lawful for the said commander of the said ship for the time being, to withhold and retain, and to sell and dispose of so much of the cargo on board as shall be sufficient to cover the amount of the said freight, and out of the net proceeds thereof to pay the freight then due and owing as aforesaid."

There is sometimes also added a power for the freighter to purchase Power for the vessel within a given time, at a certain price:

freighters to purchase the

"PROVIDED nevertheless that the said (freighter) shall at any ship. time during the continuance of the said intended voyage, have the full and free option of purchasing the said ship for the sum of sterling, upon giving notice of such his intention to owner in writing under his hand

L

the

to, &c."

days previous

Master will not

take on board contraband

The following covenant is likewise sometimes added :— "AND the said master for himself, his, &c. doth covenant, &c. that he the said master or any of the ship's company shall not, nor goods. will receive, load, or take on board the said ship during the said voyage, any tobacco upon freight or for merchandize on his or their own account, or on account of any other person or persons, but what shall be loaden by the said merchant as aforesaid. But it is agreed that the said master may take in bale goods, so as not to prejudice the loading of the said tobacco, nor to hinder, delay, or stop the said ship in proceeding on her said intended voyage. IN WITNESS, &c.

CHARTERPARTY.

Convoy.

to be paid as follows:

AND the said (owners) do hereby

With or without further covenant, promise, and agree to and with the said (freighters), their executors and administrators, that the said (master) or any other master for the time being, shall and will give the usual and accustomary assistance with his boats and crew in unlading the said intended cargo, as is customary in the said island of

Owners covenant for mas

ter's good conduct.

Penalty.

Execution.

; and that no goods whatsoever shall be received on board the said ship in or during her said intended voyage, but what shall be sent by the said (freighters) or their order. AND the said (owners) do hereby further agree that it shall and may be lawful to and for the said (freighters), their agents or assigns, to keep the said ship or vessel on demurrage at her port of loading aforesaid, the space of running days, on paying to the said commander, or any other commander for the time being, the sum of £ per ton per day, the register measurement of the said ship. AND for the true performance of all and every the covenants, promises, &c. (1). IN WITNESS, &c. Signed, &c. (2).

(1) See ante, p. 314, n. (3).
(2) See ante, p. 315, n. (2).

I CONFESS this action, [if in assumpsit or if in debt, the debt in this cause] and that the plaintiff hath sustained damages to the amount of L (the damages laid in the declaration), besides his costs and charges, to be taxed by the Master, as between attorney and client [if so], but no judgment is to be entered up or execution to be issued Defeazance. day of, &c. and default in payment of the sum of £

until the

(the real debt), being the debt in this action, together with costs as
aforesaid, but if such default shall be made the plaintiff is to be at
liberty to levy the said sum of £
, together with the costs,
sheriff's poundage, and all other incidental expenses; and no writ of
error or bill in equity shall be brought or filed to prevent or delay the
same; as witness my hand, this

day of

(Defendant.)

(1) A cognovit is an acknowledgement by the defendant of the plaintiff Nature of coghaving just cause of action, and a permission for judgment to be entered novit. up against him without trial; and this acknowledgement will be good although given before the defendant is declared against; Webb v. Aspinall, 7 Taunt. 701; or even before process has been served, and although testified after the date of the cognovit; Wade v. Swift, 8 Pri. 513. And (by 3 Geo. 4. c. 39. sec. 4.) if a cognovit be given subject to any defeazance or condition, such defeazance or condition must be written on the same paper or parchment as the cognovit.

By 3 Geo. 4. c. 39. sec. 3. every cognovit in a personal action 3 Geo. 4. c. 39. (in the Court of King's Bench), or a true copy of it (if in any other court) shall, together with an affidavit of the time of the execution, be filed within twenty-one days, otherwise the same shall be void against the assignees of the debtor, under a commission of bankruptcy thereafter issuing. A cognovit, when it is simply the acknowledgement of a debt, does not Stamp. require to be stamped, but if it include an agreement also, (as it usually does, see suprà,) it will require, if for more than £20, an agreement stamp. N.B. The 4 Geo. 2. requires that the attorney of persons signing a 4 Geo. 2. warrant of attorney be present if the defendant be in custody; and this act has been held to extend equally to cognovits; Arnold v. Lowe, 7 Taunt. 703; but Lee v. Thurston, 1 Chit. (K.B.) is contrà; and see Parkinson v. Carpies, 3 Durnf. and E. 616; but principle scemş to sanction the first mentioned authority.

I DO hereby confess this action, and that the said plaintiff, John Doe,
is entitled to recover his term of and in the several messuages, barns,
stables, lodges, out-houses, gardens, orchards, and land, with the ap-
purtenants, situated and being in the parish of
in the county

term

of
(being the tenements mentioned in the declaration in this
cause); and the said plaintiff for recovering possession of the said
tenements may sign judgment hereon, with nominal damages to the
amount of forty shillings, on the
day of next
(the first return day), without prejudice to any action for or right
to mesne profits of the said tenements; and the said plaintiff shall be
entitled to costs of this suit, to be taxed by the Master. AND I do
hereby agree not to bring any writ of error, nor do any other matter or
thing whatsoever to delay the said plaintiff from entering up his
judgment and suing out execution if he shall think fit so to do; dated
the
day of

A. B. (Defendant's Agent.)

(1) See ante, p. 323, notes; also post. Vol. III. "Warrant of ATTORNEY."

No. CCXCIV.

A Deed of Confirmation by an Heir at Law, of an Estate devised to a Stranger (1).

THIS INDENTURE of

in the

parts, made the

day of

year of the reign, &c. and in the year of our

CONFIRMATION.

Devise (by heir).

(1) A confirmation has been defined by Lord Chief Baron Gilbert to Deed of conbe an approbation or assent to an estate already created, which as far as firmation. in the confirmor's power makes it good. Gilb. Ten. 75. There are three kinds of confirmation: the first is called confirmatio perficiens, because it confirms and makes good a wrongful and defeasible estate, or makes a conditional estate absolute; the second, confirmatio crescens, differing but little from a release, increases and enlarges a rightful estate, and necessarily passes an interest, as an estate at will to an estate for years, or an estate for years to an estate for life, or the like; the third confirmatio diminuens, diminishes and changes the service whereby the tenant holds, but which may now be considered as obsolete. To every confirmation perficiens there are six requisites, viz. 1st. a good confirmor and a good confirmee, and a thing to be confirmed, as in other grants; Mayowe's Ca. 1 Co. 146. Beaumont's Ca. 9. ib. 141. 2dly. A precedent rightful or wrongful estate in him to whom the confirmation is made, in his own or in another's right, or at least he must have the possession of the thing of which the confirmation is made, that it may be a foundation for the confirmation to work upon, Lit. s. 516. 3dly, The confirmor must have such an estate and property in the thing of which the confirmation is made, as may enable him to confirm the estate to the confirmee; Dyer 109. 4thly, The precedent estate must continue until the confirmation come, as in all cases of voidable interests the con firmation must be made before the estate be made void by entry or otherwise, or the confirmation will be void. 5thly, The estate precedent must be lawful, and not prohibited by any act of parliament; 5 Co. 75. Lit. s. 607. as if a spiritual person, as a prebend, make a lease not warranted by the statute, a confirmation by the dean and chapter will not confirm or amend it; and 6thly, there must be apt words of confirmation in the deed or instrument. The confirmation crescens requires all the qualities of a confirmation perficiens, and also a privity between the confirmor and confirmee. The cases in which a deed of confirmation