The order may be made whenever it is just or convenient, but it should never be made unless there is some real hindrance to obtaining ordinary execution by ordinary legal means(); and the amount of the judgment debt, the amount which could probably be obtained by a receiver, and the costs of such an appointment, amongst other things, should help to determine whether the appointment would be just and convenient (y).

(x) Re Shephard, 43 Ch. D.

131.

(y) See R. S. C. Ord. L. r. 15A, r. 16.

APPENDIX.

Form 1.

Letters of Attorney referred to on p. 42.

"KNOW YE that I do assign and attorn in my stead E., my dear partner, to demand and receive the same rent of forty shillings with the arrears, and by distress the same to levy in my name and all things to do as to the same matter FOR HER OWN PROFIT as well as ever I myself could have done in my own proper person” (a).

Form 2.

A Letter of Atturney to recover and retaine a Debt. Be it knowne, &c., That whereas W. P., &c., is bound unto J. R. by one Obligation or writing obligatory, bearing date the, &c., in the sum of three hundred pounds, to be payd to the said J. R. his executors or administrators, or some of them, with condition thereupon indorsed, as thereby appeareth, That now the said J. R. for and in consideration of a certaine summe of money to him the said J. R. by R. S. before-hand payd, hath bargained and sold, and by these presents doth bargaine and sell unto the said R. S. his executors, administrators, and assignes the said Obligation, or writing obligatory, of three hundred pounds aforesaid, and also doth by these presents make, constitute, and in his place put the said R. S. his true and lawfull Atturney, in his name and place to aske, demand, levy, recover and receive of the said W. P. his heires, executors, and administrators, and every of them, the said three hundred pounds, in the said writing obligatory mentioned and expressed. And also doth by these presents give and grant unto the said R. S. his executors and administrators, and every of

(a) Dated 1309. Riley, Memorials of London, 68.

them, full and whole power and authority in the name of him the said J. R. to sue, arrest, imprison, and condemne, and cause to be sued, arrested, imprisoned, and condemned, the sayd W. P. his heires, executors, and administrators, upon the same writing obligatory of 300. li. And also to procure judgement and execution to be had and made against the said W. P. his heires, executors, and administrators for the same three hundred pounds. And also for, and in the name of him the said J. R. to release and acquite the said W. P. his heires, executors, and administrators, and every or any of them for the same three hundred pounds. And release or releases, acquitance or acquitances to make, seale, and deliver unto them, and every or any of them of the same sum of three hundred pound, and of every or any part thereof. And one atturney or moe for the doing of the premisses to make and the same at his pleasure to revoke, and new in their place to substitute, and to doe, performe, execute all and singular things which shall be expedient or necessary concerning the premisses, so fully, as hee the said J. R. might or could doe the same being personally present at the doing thereof. And further the said J. R. doth by these presents give and grant unto the said R. S. his executors and administrators, good and lawful authority to receive, retaine and keepe to his and their owne proper use and behoofe the said sum of three hundred pounds, in the said Obligation mentioned, without any accompt to be rendred to him the said J. R. his executors or administrators, for the same, or any part thereof. And the said J. R. for himselfe, his executors and administrators, and every of them doth by these presents covenant, grant, promise, and agree, to, and with the said R. S. his executors and administrators, and every of them, that he the said J. R. his executors and administrators, and every of them shall and will justifie, allow, ratifie, and performe all and whatsoever he the said R. S. his heires, executors and administrators, shall lawfully doe or cause to be done, in, or about the premisses. And that neither he the sayd J. R. his heires, executors nor administrators, nor any of them, will revoke, nor make voyd this letter of Atturney, nor any authority thereby given to him the said R. S. And that the said J. R. hath not heretofore released, nor made voyd the said Obligation, nor the said sum of three hundred pounds therein contained, nor any part thereof: nor hath done, nor suffered to be done, nor hereafter wil do, nor suffer or assent to be done any act or acts, thing or things, wherby the said summe of three hundred pounds, in the said obligation mentioned may not be recovered,

obtained, and had by the said R. S. his executors, administrators, or assignes, or some of them, according unto the true meaning hereof. And for the performance of all articles, covenants, grants, and agreements herein contained, he the said J. R. doth by these presents bind himselfe, his heires, executors, and administrators, and every of them to the said R. S. his executors and administrators, in foure hundred pounds of lawfull money, &c., to be payed to the said R. S. his executors and administrators. In witnesse, &c. (a).

Form 3.

Form of Letters Patent.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: To all to whom these presents shall come greeting:

Whereas John Smith, of 29 Perry Street, Birmingham, in the county of Warwick, Engineer, hath by his solemn declaration represented unto us that he is in possession of an invention for "Improvements in sewing machines," that he is the true and first inventor thereof, and that the same is not in use by any other person to the best of his knowledge and belief:

And whereas the said inventor hath humbly prayed that we would be graciously pleased to grant unto him (hereinafter together with his executors, administrators, and assigns, or any of them, referred to as the said patentee), our royal letters patent for the sole use and advantage of his said invention :

And whereas the said inventor hath by and in his complete specification particularly described the nature of his invention:

And whereas we being willing to encourage all inventions which may be for the public good, are graciously pleased to condescend to his request.

Know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, do by these presents, for us, our heirs, and successors, give and grant unto the said patentee our especial licence, full power, sole privilege, and authority, that the said patentee by himself, his agents, or licensees, and no others, may at all times hereafter during the term of years herein mentioned,

(a) West, Symbol [1647], sect. 521.