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

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Powers of attorney

Collection:: Economics Books

POWERS OF ATTORNEY 277 that the donee may execute in his own name. The section is purely permissive, and, as there is still some doubt and no decision on the question, the attorney should sign all docu- ments in the name of the principal, lest he may make himself a party to any covenant. The form of words is immaterial; it does not make any difference whether the name of the attorney appears before or after that of the principal, provided it is made clear that the attorney is acting solely as the agent of the principal. When property is to be conveyed under a power of attorney of which the grantor or grantee is a corporate body, a special mode of execution is provided for by s. 74 (sub-ss. 3 to 5. of the Act of 1925, which will be found in Appendix M. It has been held that ‘the power of attorney is the degd Custody of of the attorney to whom it was given, and he is to keep it the Power. and under it to show that he has authority for what he has done’ [Hibberd v. Knight (1848), 2 Exch. 11, per Baron Parke]. On revocation, however, the principal should always demand the return of the power, and if this is refused, should claim production for the purpose of endorsing a note of the revocation, or insist on its being filed at the Centra’ Office, and then himself file a deed of revocation. As regards filing, the Supreme Court of Judicature Filing. (Consolidation) Act 1925, s. 219, makes the following provisions: (1) An instrument creating a power of attorney, the execution of which has been verified by affidavit, statutory declaration, or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the Central Office. A separate file of instruments so deposited shall be kept, and any person may search that file and inspect every instrument so deposited, and an office copy thereof shall be delivered out to him on request. A copy of an instrument so deposited may be pre- sented at the office, and may be stamped or marked as, and when so stamped or marked shall become, an office copy. An office copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents! of the instrument and of the deposit thereof in the Central Office. 1].e. of the existence of the contents, not of the truth thereof or of the identity of the parties [O'Kane v. Mullan (1925) Northern Ireland L.R.I. at p. 5).

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