Poor Laws. said overseers and the overseers of the town of in said county, concerning the settlement of A. B., a pauper, upon hearing of the facts, hereby decide that the legal settlement of the said A. B., as such pauper, is [not] in the said town of And we award to the overseers of the poor of dollars costs of said proceeding, by them ex the town of pended. GIVEN under our hands and seals, at this day of 18. [Signatures of] Superintendents of the Poor. 1161. Superintendents' Notice that Pauper will be Supported at the Expense of a Town, in a County where the Towns Support Their Own Poor. A. B., a pauper, having been sent to the poorhouse as a county pauper, and the undersigned, superintendents of the poor of said county, having inquired into the facts, and being of opinion that the said pauper has a legal settlement in the town of in said county, pursuant to the statute, you are hereby notified that the expenses of the support of said pauper will be charged to the town of unless you, within service of this notice, show that the said town of charged. days, after the ought not to be so [Signatures and titles.] [Date.] 1162. Justice's Order for Temporary Relief of a Pauper. The overseers of the poor of the town of , having applied to the undersigned, a justice of the peace of the said town, relative to A. B., a person applying to them for relief, and the undersigned having examined into the facts, and it appearing that the said A. B., so applying, requires only temporary relief [or, is sick, lame, or otherwise disabled, so that he cannot be conveniently removed to the county poorhouse], the undersigned hereby orders the said overseers to apply dollars per week for the relief of the said A. B., until they have expended the sum of dollars, or such sum less than that amount as may be found sufficient for the temporary relief of the said pauper. [Signature and title.] [Date.] General Principles. CHAPTER LXXII. POWERS OF ATTORNEY. A POWER OF ATTORNEY is a written delegation of authority, by which one person enables another to do an act for him. An agent acting under a power of attorney is usually termed an attorney in fact, by way of distinction from an attorney at law. No one can appoint an attorney in fact who is not legally capable of acting for himself. Not only all persons who are capable of acting for themselves, but even some who are disqualified from acting in their own capacity, if they have sufficient understanding, as minors of a discreet age, and married women, may act as attorneys in fact for others. The authority given is termed either general or special; according as it extends to the transaction of all the business of the constituents or grantors of the power, or is confined to doing some special act or business particularly named in the letter of attorney. Where a power is special, and the authority limited, the attorney cannot bind his principal by any act in which he exceeds that authority. The authority of the attorney is to be strictly construed; though it is to be taken to include all necessary means of executing it with effect. Hence a party dealing with the attorney in fact of another should look to the terms of the power to see that the authority given is sufficiently broad. If the power prescribes any condition in its execution, such as for instance the consent of a third person, it must be strictly pursued. Where a power is vested in several persons, jointly, all should unite in executing it. It is provided, however, by statute in New York, in the case of powers relating to lands, that after the death of one or more such persons the power may be executed by the survivors.(a) A power is said to be coupled with an interest when the attorney has, by virtue of it, or of the instrument containing it or otherwise, a present or future beneficial interest in the subject-matter. A naked authority may be revoked at any time by the person who gave it, and expires with his life; but a power coupled with an interest is not revoked by the death of the grantor, nor is it revocable at his pleasure. A power of attorney which forms part of a contract, and is security for money, or for the performance of any act which is considered valuable, is regarded as coupled with an interest, and is irrevocable. One acting under a power giving only a delegated discretionary authority cannot give to another person a general authority to execute the same, unless he is specially authorized to do so by the instrument creating the power. Thus, if a trustee have a power to sell lands, he cannot give a general authority to an agent to sell and convey, or to contract absolutely for a sale; though he may empower the agent to contract, subject to his ratification, and to convey after ratification; but the better practice is for the trustee to execute the conveyance himself. So an attorney, acting under a power, cannot delegate his authority or appoint a substitute, unless the power expressly gives authority to do so. A revocation of a power takes effect, as to the agent, from the time that it is communicated to him, and, as to third persons, from the time that it is made known to them; but, as respects third persons, the question of notice depends in each case upon its own peculiar circumstances. The death of an attorney authorized to appoint an attorney under him, and to revoke such appointment at his pleasure, necessarily revokes the power of a substitute so appointed. Powers of attorney are usually under seal. If the power is to convey land (a) 1 Rev. Stat., 735; § 112. Powers of Attorney. or do any other act requiring the execution of an instrument under seal, the power must be executed and attested with the same formalities which the law requires in the execution of the principal instrument, such as acknowledgment, record, etc. The attorney, in a simple power of attorney, must act, not in his own name, but in the name of his constituent; and hence, if it is to execute a deed, the asstituent, not the attorney, should be named as the grantor; and the attorney should sign the constituent's name, adding his own-thus, A. B. by C. D.. his attorney. 1168. Short forn....... 1164. General form, with power of substitution and revocation.. 1165. Power to collect debts... 1167. Power to receive dividends, etc.... PAGE 1166. Power to collect rents. 1168. Power to receive a legacy.. 1169. Power to transfer stock... 1170. Power to sell vessel... 1171. Power to manage real property. 1172. Power to sell and convey land.. 1178. Power to mortgage land... 1174. Power to renew lease and sell the term.. 1175. Power to make partition.... 1176. Power to effect insurance. 1177. Power to carry on business. 1178. Another form..... 1179. The same; a fuller form.. 1180. Power to collect army or navy claim. 1181. General custom-house power... 1182. Special custom-house power.. 1183. Confirmation of attorney's act... 1184. Power to several, to act together, or either one separately. 1185. Power to several jointly..... 1186. A power of attorney to two persons; but in case of the death, absence er refusal of both or either, then to another alone, or with either of them that will act.... 1187. Substitution of attorney.. 1188. Revocation of power of attorney. 1163. Short Form. KNOW ALL MEN by these presents, that I, A. B., of the town of , my true, sufficient and lawful attorney, for me and in my name to [here state subject-matter of power; see forms below], and to do and perform all necessary acts in the execution and prosecution of the aforesaid business in as full and ample a manner as I might do if I were personally present. of IN WITNESS [etc., as in following form]. 1164. General Form, With Power of Substitution and Revocation. KNOW ALL MEN by these presents, that I, A. B., of Special Authority. , my true by these presents do make, constitute and appoint, Y. Z., of of IN WITNESS WHEREOF, I have hereunto set my hand and seal, the Signed, sealed and delivered } .in presence of [Signature of witness.] day [Signature of constituent.] 1165. Power to Collect Debts. * [As in either preceding form, inserting at the the following:] to ask, demand, sue for, collect, receive and give acquittance for all sums of money, debts and demands whatsoever, which are or shall be due, owing and belonging, to me, or detained from me, by C. D., of his heirs, executors and administrators, or any of them [or, by any person or persons residing or being in ]. 1166. Power to Collect Rents. of [As in Form 1163 or 1164, inserting at the* the following:] to ask, 1167. Power to Receive Dividends, etc. [As in Form 1163 or 1164, inserting at the* the following:] to receive 1168. Power to Receive a Legacy. KNOW ALL MEN by these presents, that whereas M. N., late of de ceased, by his last will and testament did give and bequeath unto me, A. B., constituted and appointed, and by these presents do make, constitute and appoint Y. Z, of 1. 1 Powers of Attorney. name, and for my use and benefit, to ask, demand and receive, of and from the said E. F. and G. H., the legacy given and bequeathed unto me, the said A. B., by the said will of the said M. N., as aforesaid; and upon receipt thereof by, or payment thereof to my said attorney, to give a general release or discharge for the same; giving [continue as in Form 1164 from the † to the end]. 1169. Power to Transfer Stock. [As in Form 1163 or 1164, inserting at the the following:] to sell, transfer and assign, all stock [or, shares of stock] of the Company standing in my name on the books of the said company. 1170. Power to Sell Vessel. KNOW ALL MEN by these presents, that we, A. B. (¿ths), and C. D. (ths), owners of bark Mary, of have made, constituted and appointed, and by these presents do make, constitute and appoint Y. Z., of our true and lawful attorney for us, and in our names, places and stead, to sell, convey and transfer our, and each of our aforesaid interests in said bark Mary, her tackle, apparel and furniture, to any person or persons, and for such sum or sums of money as he may deem proper, and to execute and deliver to the purchaser, in our and each of our names, good and sufficient bill or bills of sale, or other instrument of conveyance therefor, and to receive the purchase-money therefor, to our use, giving [continue as in Form 1164 from the † to the end]. 1171. Power to Manage Real Property. [As in Form 1163 or 1164, inserting at the* the following:] To exercise the general control and supervision over all my lands, tenements and hereditaments, in the county of ; to prevent, by all lawful means, the commission of any trespass or waste, or other injury thereupon; and, at my expense, and under the advice of my counsel, M. N., Esq., of [or such other counsel as my said attorney may employ], to sue for protection against any such injury, and to collect, recover and receive, and compound for, any damages which may accrue by means of the commission of any trespass or waste upon the said lands, tenements and hereditaments, or any part thereof, by any person whomsoever. 1172. Power to Sell and Convey Land. [As in Form 1163 or 1164, inserting at the* the following:] To grant, bargain and sell (b) or any part thereof, for such price, and on such Williamson, 1 Sandf. Ch., 17; Albany Fire Ins. Co. v. Bay, 4 N. Y. (4 Comst.), 9. Nor does such a power authorize one to license cutting timber, etc. Hubbard v. Elmer, 7 Wend., 446. (b) A power to sell and convey does not . Servoss, 8 Barb., 128; Cumming v. in itself confer a power to mortgage. There is a substantial difference between raising money by mortgage and sale; and a power to raise it by one of these methods merely, puts a negative on the other. Bloomer v. Waldron, 8 Hill, 861; Coutant |