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

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.

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