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.