Present : Bertram C.J. and De Sampayo J

 GARVIN v, ABEYAWARDENE.

18-D. C. (Inty.) Matara, 421.

Warrant of attorney to confess judgment given to a firm of proctors-One proctor confessing judgment after the death of partner.

Where a power is conferred upon two agents, it is presumed to be conferred upon them jointly, and an act by one purporting to be an execution of that power is not a good execution. If the two agents are partners, and one partner purports to exercise tile power singly as the survivor of the two, his act is none the less invalid. At the death of one of the two agents, it terminates the authority of the other.

A warrant of attorney to confess judgment issued to two proctors practising in partnership was held not to give the survivor the power to confess judgment after the death of the other partner.

The warrant of attorney to confess judgment was as follows: -

To Messrs. G. E. and G. P. Keuneman,
        Crown Proctors, of the Matara District.

These are to desire and authorize you, the proctor above named, to appear for J. V. P. Abeyawardene of Weligama at any time in the District Court of and to receive summons for me, the said J. V. P. Abeyawardene, in an action at the suit of the Attorney-General on a bond dated the Seventh day of July, One thousand Nine hundred and twenty, executed by me, the said J. V. P. Abeyawardene, in favour of His Majesty the King, his heirs and successors, for the sum of Rupees Eight thousand and fifty only, lawful money of Ceylon, being the amount for which I, the said J. V. P. Abeyawardene, purchased the exclusive privilege of selling fermented toddy by retail within the village of Weligama for the period of twelve months from the First day of October, One thousand Nine hundred and twenty, to the Thirtieth day of September, One thousand Nine hundred and twenty-one, sold by the Assistant Government Agent of the Matara District, and thereupon to confess the same action, or else to suffer judgment by default, or otherwise to pass against me, the said J. V. P. Abeyawardene therein, and to be thereupon forthwith entered up against, me, the said J. P. Abeyawardene, of record in either of the said Courts for the said sum of Rs. 8,060 only, or, for such portion thereof in respect of which the action shall be brought, together with costs of action.

And I, the said J. V. P. Abeyawardene, do hereby further authorize and empower you, the said Proctor, after the said judgment shall be entered up as aforesaid for me, the said J. V. P. Abeyawardene, to sign and execute a good and sufficient release or releases in the law to the said Attorney-General for and on behalf of His Majesty the King, his heirs, &c, of all and all manner of appeals or proceedings by way of appeal, and all benefit and advantage thereof, and defects and imperfections whatsoever, had made, committed, done, or suffered in,

about, touching or concerning the said judgment for any proceeding whatsoever in any way concerning the same. And for what you, the said proctor, shall do, or cause to be done, in the premises or any of  them, this shall be to you a sufficient warrant and authority.

In witness whereof, &c.

J. V. P. ABEYAWARDENE.

Akbar, A.S.-G. (with him V. M. Fernando, C.C.), for the Crown, appellant.

H. V. Perera, for the respondent.

March 8, 1923. BERTRAM C.J.-

The question we have to determine in this case is the effect of a warrant of attorney to confess judgment. The warrant was in fact issued to Messrs. G. E. and G. P. Keuneman, Crown Proctors, of the Matara District. The document did not go on as it might have done, in pursuance of the form prescribed by the Code, to add the words : "or other proctor of the Supreme Court." The senior partner of the firm has died, and it was the junior partner who purported to act in pursuance of the warrant and to confess judgment, his competency to do so is disputed, and the learned District Judge