Secretarial practice

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Powers of attorney

Collection:: Economics Books

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.

Access restriction

Copyright

fullscreen: Secretarial practice

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation