POWERS OF ATTORNEY

275
the attorney powers at large, but it confers on him the
authority to do any unspecified acts which may become neces-
sary for the proper fulfilment of the purposes for which the
instrument was primarily granted. [A#fwood v. Munnings
(1827), 7 B. & C. 278; Withington v. Herring (1829), 5 Bingh.
422; Harper v. Godsell (1870), L.R. 5 Q.B. 422; Hawksley
v. Outram (1892), 3 Ch. 359; re Dowson and [Jenkins (1904),
2 Ch. 219; Bryant v. La Banque du Peuple (1893) A.C.170].

If the instrument contains recitals showing the general
object for which the power is given, these must be regarded
as controlling the operative part of the deed. Thus, in
Danby v. Coutts & Co. (1885), 2 Ch. D. 500, there was a recital
that the plaintiff was going abroad and was desirous of
appointing an attorney to act in his absence; it was held that
the recital limited the exercise of the powers to the plaintiff's
absence from this country.

Power to borrow must be found indisputably expressed in
the instrument if a third party wishes to lend to the attorney
without risk [ Jonmenjoy Coondoo v. Watson (1884), 0 A.C. 561;
Bryant v. La Banque du Peuple (1893), A.C. 170; Jacobs v.
Morris (1902), 1 Ch. 816].

‘In every case where an Act requires a signature, it is
a pure question of construction on the terms of the particular
Act whether its words are satisfied by signature of an agent
......we ought not to restrict the common law rule, qui facit
per alium facit per se, unless the Statute makes a personal
signature indispensable’ [re Whitley Partners, Ltd. (1886) 32,
C.D., 337]. This case decided that a company’s memorandum
and articles may be signed on behalf of a subscriber by a
duly authorised agent; and similarly, it has been held that a
bill of sale may be executed by an attorney [Furnivall v
Hudson (1893), 1 Ch. 335].

An attorney cannot delegate his powers to a substitute, ‘Delegatus
unless there is an express provision to this effect; and, non Potest
similarly, a power of substitution does not, in the absence Delegare.
of a special provision, include a power of sub-delegation
by the substitute. The rule, however, unless the power of
attorney contains an express provision to the contrary, does
not prevent the employment of brokers or agents such as are
necessarily or customarily required for carrying out an
particular transaction.

External circumstances, such as a custom of trade, may be Custom.
used for the interpretation of thie nowers granted + the
principal, but a usage or custom . It was unknowu the
principal—must be shown tc be reasonable [fIgy + CGold-
smidt (1804), T Taunt. - 7 Sor exampn!~. wien <¢ man.

Power to sign
pursuant to
Statute.