Special Authority.

terms, as to him shall seem meet, (c) and for me, and in my name, to make, execute, acknowledge and deliver, good and sufficient deeds and conveyances for the same, either with or without covenants and warranty.(d)

1173. Power to Mortgage Land.(e)

in

[As in Form 1163 or 1164, inserting at the* the following:] to borrow upon the security of my a sum or sums not exceeding dollars, and to sign, seal and deliver a bond or bonds for the payment of such sums [here state terms of payment, if the attorney is to be limited in this respect], and to sign, seal and deliver, as collateral thereto, a mortgage or mortgages upon said estate, with the usual power of sale, and interest and insurance clauses, and other usual provisions and covenants.

1174. Power to Renew Lease and Sell the Term.

in

[As in Form 1163 or 1164, inserting at the* the following:] to renew or agree for a renewal of the lease, by which I hold the lot whereon stands my house, known as No. street, in city, to lease said house, or to sell and convey said house for cash, or in part for a purchasemoney mortgage, and in case of such sale to assign the lease whereby I hold or may then hold the lot whereon said house stands.

1175. Power to Make Partition.

[As in Form 1163 or 1164, inserting at the* the following:] to make partition and division with the other heirs of my late father, deceased, of his real estate [or, of his estate both real and persopal], and to accept and receive my share of his personal estate; and, upon any partition or division, to enter upon and take possession of any lands, tenements or hereditaments, which may be set off to me as my share of the real estate aforesaid; and to enter into any covenant or agreement respecting my share [and the shares of the other heirs] of his estate [real or personal], which my said attorney shall think reasonable and for my interest; and, in my name and for my use, to demand, sue for and take possession of, all and singular lands, tene

(c) A power to sell land for a certain sum means for ready-money, where there is nothing in the power, or in the usage of trade, to manifest a different intention. Ives v. Davenport, 8 Hill, 873.

(d) A power to sell, and on such sale to execute in the name of the principal, such conveyances and assurances in the law of the premises as needful or necessary according to the judgment of the attorney, does not authorize the attorney to execute a deed with covenants so as to bind the

principal. Nixon v. Hyserott, 5 Johns., 58; Gibson v. Colt, 7 Ib., 890.

(e) A power to mortgage is not implied in an ordinary power to sell. It should be expressed. A power to mortgage implies a power to authorize the mortgagee to sell in default of payment, for the power to sell is one of the customary and lawful remedies of the mortgagee recognized by statute. Wilson v. Troup, 2 Cow., 195; affirming S. C., 7 Johns. Ch., 25.

Powers of Attorney.

ments and hereditaments, sum and sums of money, goods and chattels, withheld from me, to which I am entitled, and which I may lawfully claim from the heirs, executors or administrators of my said father, or any other person or persons whatsoever.

1176. Power to Effect Insurance.

[As in Form 1163 or 1164, inserting at the* the following:] to effect insurance on [here briefly designate the property to be insured], with the Insurance Company, in the city of on such terms as to my

said attorney shall seem meet and proper; to sign any application for said insurance, any representation of the condition and value of said property, articles of agreement, promissory or premium note, and all other papers that may be necessary for that purpose; and also to cancel and surrender any policy he may obtain, and on such cancelling, or the expiration thereof, to receive any dividend, return premium or deposit, that may be due, and on such receipt full discharge to give therefor.

1177. Power to Carry on Business.

[As in Form 1163 or 1164, inserting at the* the following:] to conduct and carry on the business of a merchant tailor at

; to buy and sell

and all goods,

to receive on commission and to manufacture and merchandise, appertaining to said business, as he may deem proper; to make and execute, sign, seal and deliver, for me and in my name, all bills, bonds, notes, specialties or other instruments in writing whatsoever, which shall be necessary to the proper conducting of the said business.(ƒ)

1178. Another Form.

[As in Form 1163 or 1164, inserting at the* the following:] to take charge of my business as manufacturer and vendor of medicines; to purchase and sell, either for cash or on credit, all such articles and property as he may deem useful and proper as connected with said business; sign, accept and indorse notes, drafts and bills; to state accounts; to sue and prosecute, collect, compromise or settle all claims or demands due or to become due, now existing or hereafter to arise in my favor, and to adjust, settle and pay all claims and demands which now exist against me or may hereafter arise, either as connected with the foregoing business or otherwise; to take the general management and control of my affairs, property and business, and therein to buy, sell, pledge or mortgage, and to execute and enter into

(f) This power is often given in broader terms. A power of attorney given by a merchant "generally to conduct in my place and stead my commercial business, and to sign my name whenever requisite or expedient in the transaction and con

duct of such business as to my said attorney shall seem meet in his good discretion," authorizes drawing bills on drawees who had no effects of the principal. Dolus v. Frosch, 1 Den., 867.

For Conduct of Business.

bonds, contracts, mortgages and deeds connected therewith, and in general do all other acts and things which he may consider useful or necessary connected with my business, property and interests.

1179. The Same; A Fuller Form.

as

KNOW ALL MEN by these presents, that I, A. B., of the city of being about to depart from the said city temporarily, and about to proceed to Europe, have made, nominated, constituted and appointed in my place and stead, and by these presents do nominate, constitute and appoint, and in my place and stead put, Y. Z., of the city of , my true and lawful attorney, for me and in my name, place and stead, and to my use, during my said absence from the said city, to ask, demand, sue for, levy, require, recover and receive, all and all manner of goods, chattels, debts, duties, rents, sum and sums of money and demands whatsoever due, or hereafter to become due and owing, or belonging unto me, on account of the business now carried on by me in the said city of or for or on any other account whatsoever by any person or persons whomsoever, and upon the receipt thereof or of any part or parts thereof to make, give and execute acquittances, receipt, releases or other discharges for the same, whether under seal or otherwise, and to give, execute and deliver, in my own name, or in the name of my said attorney, all checks, acknowledgments, agreements and all other instruments in writing of whatever nature, as to my said attorney may seem meet for carrying on the said business; to enter into, and take possession of any lands, tenements or hereditaments of mine that may be unoccupied or become vacant, or to the possession of which I may be or become entitled, and all and every the real estate of me, the said A. B., and for me and in my name and to my use, to receive and take all or any rents, issues and profits of all or any such lands, tenements, hereditaments, or any of them, and to let the same in such manner as my said attorney shall think proper, and from time to time renew leases, but not for a period extending beyond the day of in the year one thousand eight hundred and ,(g) and also all deeds, leases, agreements, and writings in that behalf requisite and necessary for me and in my name, to make, seal and deliver as my acts and deeds, and for me, and in my name, to take any ejectment or other judicial proceeding, and make or cause to be made, any avowries or cognizances, and for me, and in my name, to commence and prosecute any suits, or actions, or other legal proceedings, for any goods, chattels, debts, duties, demands, matter, cause or thing whatsoever due or belonging, or to be due and belonging unto me, or to be demanded, or that may be demanded by me in any court of law or equity, or elsewhere; and the same to prosecute and follow, or to discontinue the

(g) If the lease exceeds the term restricted by the power it is void at law. And where, under a power to lease for a number of years, a second lease is made to commence after the expiration of a sub

sisting term, the residue of the existing term and the future term must not together exceed the power; if they do, the lease is utterly void at law. Sinclair v. Jackson, 8 Cow., 543.

Power to Collect Pension, etc.

same or become nonsuit therein, if he shall see cause, and also to make an end, composition or agreement of and for such goods, chattels, debts, duties, demands, matter, cause or thing, or any part thereof; and also for me and in my name to commence, carry on, institute or prosecute any proceeding, civil or criminal, or any other way howsoever, for the infringement of my rights as the proprietor of and for the punishment of any person or persons for the infringement thereof, or the imitating, counterfeiting, or selling as real, spurious imitations of the said or of the labels or bills used in the said trade or business; and also for me and in my name, to use and take all such courses, remedies, and carry on and conduct the said trade or business, and for the recovering, receiving, obtaining and getting any lands, tenements, rents, hereditaments, goods and chattels, debts, demands, duties, sum and sums of money, or other things whatsoever, that is, are or shall be, or by my said attorney shall be conceived or thought to be unto me belonging, appertaining, due, owing or payable in my own right or otherwise howsoever, as I myself might use or take if I were present in person; and also for me and in my name to appear, make answer, and defend in all actions and suits whatsoever, as well real as personal or mixed, which are, or hereafter shall be commenced against me, by any person whatsoever; and also for me and in my name to settle and adjust with each and every person or persons all accounts, dues and demands, subsisting or to subsist between them, any or either of them, and me, and to compound, arbitrate and agree to the same in such manner as my said attorney shall think proper; and also for me and in my name, place and stead, to engage, hire and employ all and all kinds of workmen, clerks, assistants and servants, for the better and more effectually enabling my said attorney to conduct and carry on the said trade and business, and to discharge any or all of such workmen, clerks, assistants or servants now employed, engaged or retained in the said trade or business; and for the better doing, acting, performing or executing of all or any of the premises, I do hereby further give unto my said attorney full power and authority to constitute, appoint, authorize, and in his place and stead put and substitute one or more attorney or attorneys for me, and as my attorney or attorneys, or the same, at his pleasure, again to revoke, and other or others in his or their place to substitute and appoint, and to do, execute, perform and finish for me, and in my name, all and singular those things which shall be expedient and necessary, or which my said attorney shall judge expedient and necessary in and about, for, touching or concerning the premises, or any of them, as thoroughly, amply and fully as I, the said A. B., could do concerning the same, being personally present; and whatever my said attorney or his substitute shall do or cause to be done, in, about or concerning the premises, and any part thereof, I hereby ratify and confirm.

IN WITNESS [etc., as in Form 1164].

1180. Power to Collect Army or Navy Claim.

KNOW ALL MEN by these presents, that I, A. B., have made, constituted and appointed, and by these presents do make, constitute and appoint Y. Z.,

Custom-house Power.

of

my true and lawful attorney, for me and in my name, place and stead, to prosecute my claim to ton, D. C., under the act of

office at Washing

filed in the

and also to

and hereby revoking

all other powers of attorney, giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do or cause to be done by virtue hereof.

And I hereby certify that my former attorney has no claim on me for fees or advances of any kind whatever, on account of the claim herewith transferred to the aforesaid attorney.

IN WITNESS [etc., as in Form 1164].

1181. General Custom-house Power.

As in Form 1164 to the *, continuing thus:] to receive and enter at the custom-house of the district of any goods, wares or merchandise, imported by me, or which may hereafter arrive, consigned to me, to sign my name to, seal and deliver for me and as my act and deed, any bond or bonds which may be required by the collector of the said district, for securing the duties on any such goods, wares or merchandise: ALSO, to sign my name to, seal and deliver for me and as my act and deed, any bond or bonds, requisite for obtaining the debenture on any goods, wares or merchandise, when exported, and generally to transact all business at the said custom-house, in which I am or may hereafter be interested or concerned, as fully as I could if personally present. And I hereby declare, that all bonds signed and executed by my said attorney, shall be as obligatory on me as those signed by myself, and this power shall remain in full force until revoked by written notice given to said collector.

IN WITNESS [etc., as in Form 1164].

1182. Special Custom-house Power.

[As in Form 1164 to the *, continuing thus:] to receive and enter at the custom-house of the district of , any goods, wares or merchandise, imported by, or consigned to me, in the [here name vessel], to sign my name to, seal and deliver for me and as my act and deed, any bond or bonds which may be required by the collector of said district, for securing the duties on any such goods, wares or merchandise: ALSO, to sign my name to, seal and deliver for me and as my act and deed, any bond or bonds, requisite for obtaining the debenture on any such goods, wares or merchandise, when exported for me, and generally to transact all business at the said customhouse, in reference to this importation, as fully as I could if personally present. And I hereby declare, that all such bonds signed and executed by my said attorney shall be as obligatory on me as those signed by myself. IN WITNESS [etc., as in Form 1164].