Secretarial practice

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Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Powers of attorney

Collection:: Economics Books

CHAPTER XXI POWERS OF ATTORNEY! THE capacity to appoint an attorney (and it should be Capacity. remembered that capacity primarily depends upon domicile) is practically co-extensive with the capacity to contract. Thus a power of attorney given by an infant is void [Zouch v. Parsons (1765) 3 Burr:], except for doing acts by which the infant himself could be legally bound. On the other hand, ‘an infant may be an agent, an infant may be the donee of a power of attorney’ [per James, L.J. in re D’ Angibau (1880) 15 C.D. 228]; for the acts of an agent as such are not his own but those of his principal, of whom he is merely an instrument. As regards married women, s. 129 of the Law of Property Act 1925 provides that ‘a married woman, whether an infant or not, has power, as if she were unmarried and of full age, by deed to appoint an attorney on her behalf for the purpose of executing any deed or doing any other act which she might herself execute or do,? and the provisions of this Act relating to instruments creating powers of attorney apply thereto.” If a woman marries a foreigner, it may be that by the law of her new nationality and domicile she loses the capacity to appoint an attorney, and thereby becomes subject to ‘disability’ within the meaning of ss. 124, 126 and 127, set out below; otherwise marriage does not revoke a power. The capacity of trustees to appoint attorneys is regulated by ss. 23 and 25 of the Trustee Act, 1925. S. 23 gives an unqualified right of delegation where the trust property is out of the United Kingdom (which by s. 68 is defined to mean Great Britain and Northern Ireland). S. 25 provides that in other cases a trustee who intends to remain out of the United Kingdom for more than one month may, by power of attorney, delegate the execution of trusts, subject to the following qualifications: if he has only one co-trust:-, the ! For fuller discussion of this subject, and forms and precedents, see the Manual on Powers of Attorney issued by The Chartered Institute of Secretaries. 2 Including receipt of income, notwithstanding that she is restrained from anticipation [Stewart v. Fletcher (1888) 38 C.D 6271, fa) Infants. 'b) Married Women. c) Trustees.

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