Stamp.

Apparent
Authority
the real
Authority.

Limitation
of above
doctrine.

Powers
strictly
ronstrued.

274-

SECRETARIAL PRACTICE
should be notarially certified, and if for use in foreign countries
they should also be legalized by the consul of the country to
which they are to be sent. The advice of a notary should be
obtained in such cases, and the notary will see to the necessary
legalization.

Conversely, powers from the Dominions and Colonies
should be notarially certified, and those from foreign countries
should also be legalized by the local British consul (see Order
61 (a) of the Supreme Court Rules).

A power of attorney should be stamped in the country
'n which it is to be used with the appropriate duty imposed
hy the laws of that country. The English stamp duty is ten
shillings.

In ascertaining the scope of the document it should be
remembered that the third party is entitled to act upon
the principle of law that the apparent authority is the real
authority. The following statement of this principle, taken
from an American case, was approved by the Privy Council in
Bryant v. La Banque du Peuple (1893), A.C. 170: “Whenever
the very act of the agent is authorized by the terms of the
power, that is, whenever, by comparing the act done by the
agent with the words of the power, the act is in itself warranted

by the terms used, such act is binding on the constituent as to
all persons dealing in good faith with the agent. Such
persons are not bound to inquire into facts aliunde.

Where, however, the act is on the face of it one which is
being done by the attorney on his own behalf and not on behalf
of his principal, the third party, who has thus notice that the
attorney is using the power for his own purposes, cannot
retain the benefit of the act so done to the detriment of the
donor of the power. This principle was finally established by
the House of Lords in Reckitt v. Barnett. Pembroke & Slater,
Ltd. (1929) A.C. 176.1

Apart, however, from this question of the third party's
knowledge that the attorney is abusing his authority, to say
that the apparent authority is the real authority is not to say
that the third party must not be on his guard. If a person
is acting ex mandato, those who have dealings with him must
look to his authority and assure themselves of its genuineness,
its legal form, and its limitations. The important point to
remember is that on the one hand specific powers are con-
strued with great strictness, and that on the other hand where,
after the enumeration of specific powers, there is added (as
is often the case) a general clause, the latter does not give

1 See also below, under the heading of fraud of the attorney.