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That said parties do mutually covenant to and with each other that the award (and umpirage) made as aforesaid shall by each of them and their legal representatives be well and faithfully kept, observed, and performed.

Witness our hands, etc.
W. T., N. S. (witnesses).

(Signed) A. B. C. D. Arbitration-Submission Agreement. Special Form—Of particular matters only. Know all men by these presents:

That a controversy is now existing and pending between A. B., of, and C. D., of in relation to (state what, as: an exchange of horses between said parties at , on the - day of, last past, whereby, etc., stating the matters of difference). That said A. B. and C. D. do hereby submit said controversy to the arbitrament of A. R., B. I., and T. R., or any two of them.

That said award shall be made in writing under the hands of said arbitrators, or any two of them, ready to be delivered to said parties, or such of them as may desire the same, on or before the day of next.

That said award shall in all things by us and each of us be well and faithfully kept, observed, and performed.

A. B. C. D.

Witness our hands, etc. W. T., N. S. (witnesses). Clauses to be inserted in the preceding forms according to circumstances: CONCERNING ACCOUN

That a controversy has arisen between said parties concerning an account (a copy of which is hereunto attached, marked A.), and is to whether said A. B. ever delivered the state what), mentioned therein, or any part thereof; and if so, the value and price thereof, and within what time said C. D. shall pay the balance due upon said account.

CONCERNING ANNUITY.

That W. B., widow of A. B., deceased, was entitled to dower in the following described real estate, which had belonged to said A. B. in his lifetime, situated in, to wit (describing it).

That said real estate was sold by H. B., heir of said A. B., to P. R., said W. B. agreeing to take as her share thereof the quarterly sum of dollars, to be secured and paid to her during her lifetime in lieu of said dower.

That a controversy has arisen between said parties as to what quarterly sum is a fair equivalent in lieu of said dower, and what amount of security, and the nature thereof, is necessary to be given by said H. B. to W. B.

CONCERNING BOUNDARIES.

That a controversy exists between the undertigned A. B. and C. D., concerning the boundary and division lines of the following described tracts and parcels of land situated in, to wit (describing them and stating the parts in controversy). CONCERNING HORSE TRADE. That a controversy exists between A. B. and C. D. concerning an exchange of horses made between them at, in, on the day of

wherein it is claimed by said A. B. that the horse exchanged by said C. D. was by him warranted sound in every respect, and that thereby said A. B. was induced to make said exchange. That said horse was not at the time of said exchange sound as warranted in this (state what). CONCERNING PARTNERSHIP.

That A. B., C. D., and E. F. are partners doing business under the firm-name of A. B. & Co., and are about to dissolve said partnership.

That a controversy exists between said partners concerning the settlement of the firm-business, and the business transactions and claims by and between said parties subsequent to the day of last.

CONCERNING SUIT PENDING. That this submission shall not operate a discontinuance of the action, No. -, entitled A. B. vs. C. D., etc., now pending in the Court, in

without an award made pursuant to the terms hereof, and that its effect as to such suit

shall be merely to stay proceedings until such discontinuance, or until said submission shall become imperative or be revoked.

CONCERNING TITLE AND TRESPASS.

That a controversy exists between A. B. and C. D. concerning the title and right of possession of the following real estate, situated in —— (describing it), whereon various trespasses have been committed by C. D. and his servants, in this (stating the nature of the trespasses and amount of damage). Another.

That A. B., of claims the title and right of possession of the following described premises, situated in- (describing them).

That C. D., of

claiming title thereto, and right of possession, with his servants, entered upon said premises and (state what damage was done). That by reason thereof said A. B. claims to have sustained- dollars damage. CONCERNING WAGES.

That a controversy exists between A. B. and C. D. concerning wages due said C. D. for services heretofore rendered said A. B. as from the wherein

day of unto the day of C. D. claims (state what), and A. B. claims (state what).

CONCERNING WARRANTY BREACH.

That a controversy exists between A. B. and C. D. concerning a certain (horse) sold by said A. B. to C. D., at, in, on the day of upon the sale of which said A. B. warranted said (horse) to be sound in every respect, and which (horse) it is alleged was not, at the time of such sale, sound as warranted.

Arbitration-Bond.
With Sureties.

Know all men by these presents:
That A. B. and C. D. have, this

day of A. D. —, submitted all their matters in difference, of every name, kind, and nature, to A. R. (B. Í., and T. R.), to arbitrate, award, order, judge and determine of and concerning the

same.

That we, the undersigned, bind ourselves to A. B. (or C. D.)in the sum of dollars, that said C. D. (or A. B.) shall submit to the decision and award of said arbitrator for arbitrators, or any two of said arbitrators), provided said award be made in writing, on or before the day of A. D.

(Signed) C. D., (or A. B.)
S. S.,
Y. Y.

Arbitration-Bond.

To be given by each party to the other. Know all men by these presents: That I, (A. B. or C. D.), of am held and firmly bound unto (C. D. or A. B.), of ——, in the sum of dollars, for the payment of which I bind myself and legal representatives by these presents.

The condition of this obligation is:

That if the above bound (A. B. or C. D.), or his legal representatives shall submit, perform, and comply with the award, determination, judgment and orders of A. R., B. I., and T. R., the arbitrators named and selected by said parties *to award, determine, judge, and order of and concerning (if a special matter here describe it, but if the submission is not limited say) all and all manner of actions or causes of action, suits, controversies, claims and demands whatsoever, now pending, existing, or held by and between said (A. B. and C. D. or C. D. and A. B. **) (with power to award payment of costs and expenses incurred in said arbitration), provided, however, that said award be made in writing, under the hands of arbitrators, or any two of them, and ready to be delivered to said parties, or such of them as may desire the same, on or before the day of then this obligation shall be void, otherwise it shall remain in full force Executed in presence of W. T., N. S., Witnesses.

at

*

Signed (A. B. or C. D.)

Same-Without Discontinuing a Suit. Provided, that this submission shall not operate a discontinuance or otherwise affect a

suit now pending in the court, between said A. B. and C. D., without an award made pursuant to the terms hereof.

*

Same-Oath of Arbitrators Contemplated. And sworn (or affirmed) honestly and impartially to hear.

Same-Umpire Contemplated.

* Provided, also, that if said arbitrators shall not, within the time limited, make said award, determination, judgment and orders, then and in such case the same shall, in all respects, in like manner and with like effect, be made, determined, adjudged and ordered by W. R. (a person by said arbitrators indifferently chosen as umpire) on or before the day of

at.

Arbitration—Appointment of Umpire. Arbitrators disagreeing.

Know all men by these presents:

That by agreement (or bond) bearing date the day of, the matters in difference, etc., between A. B. and C. D., were by them submitted to our consideration to hear, determine, and award thereon (with power to select an umpire in case of disagreement, etc.)

That we are not able to determine said differ

ences.

That we do by these presents choose and appoint U. R. to determine and award said matters in difference to us submitted, pursuant to said agreement (or bond).

Witness our hands, this

day of, A. D. A. R., B. I., T. R. Arbitration-Notice to Arbitrators. A. R., B. I., and T. R.

Gentlemen-You have been chosen arbitrators on behalf of the undersigned, to arbitrate and award between them, in divers matters and things, set forth in their submission, which will be produced for your inspection when you meet in, on the day of, at- o'clock M., to hear the allegations and proofs of yours, &c., A. B. Dated

at

C. D. Arbitration-Notice to Witness. W. S. Dear Sir-The arbitration concerning certain differences between A. B. (or myself) and C. D. will be had before A. R., B. I., and T. R., at in, on the day of at o'clock

-M. Do not fail to attend. Yours, &c., A.B. Arbitration-Oaths.

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We, the undersigned, and each of us, do severally solemnly swear, that we will honestly and impartially hear and determine all the matters in difference, of every name, kind, and nature, existing between A. B. and C. D., which shall be submitted to us for arbitration, and a true award make thereon, according to the evidence, so help us God. A. R., B. I., T. R.

Subscribed and sworn to before me, this day of, A. D. ———. Signature of officer before whom sworn and his official title.)

Arbitration—Affirmation of Arbitra

tors.

State of -——, —————— county, ss.

We, the undersigned arbitrators], and each of us, do severally, solemnly, sincerely, and truly declare and affirm, that we will honestly and impartially hear and determine all the matters in difference, etc., existing between A. B. and C. D., which shall be submitted to us for arbitration, and make a just award thereon, according to our best understanding, and this we do under the pains and penalties of perjury.

A. R., B. I., T. R., Arbitrators. Subscribed and affirmed to before me, this day of, A. D. —

(Officer's name and official title.) t-5 How Pr. 318; 1. Leg. Obs. 189.

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county, ss.

I do (or we, and each of us, do severally) solemnly, sincerely, and truly declare and affirm, that the testimony I (or we) shall give, in the matter of ar bitration between A. B. and C. D., submitted to A. R., B. 1., and T. R., arbitrators, shall be the truth, the whole truth, and nothing but the truth, and this I (or we) do under the pains and penalties of perjury.

(Signed) W. S., (or W. T., N. S., etc.) Subscribed and affirmed to before me, this day of, A. D. ——————. (Name and official title.) Arbitration-Appointment of Arbitra

tors.

See SUBMISSION AGREEMENT, above. Arbitration—Continuance Agreement. We hereby agree that the time for making the award in the matters referred by the within (or annexed) submission shall be extended unto the day of (Signed) A. B. Witness, A. R., B. I., T. R. C. D. Arbitration-Revocation of Powers. A seal is only necessary to the revocation if the submission be under seal "

A. R., B. I., and T. R.

Gentlemen-I hereby revoke your powers as arbitrators under the agreement of submission (or bond) entered into between A. B. and (myself, er) C. D., on the day of last. D. C. Dated this- day of -.

Arbitration-Revocation Notice. A. B. Dear Sir-I have this day revoked the powers of A. R., B. I., and T. R., as arbitrators under the agreement of submission (or bond), entered into between us on the — day of last, by an instrument of which the annexed is a copy. Dated this day of C. D.

Arbitration-Award, General Form. By a single Arbitrator.

Know all men by these presents:

That by agreement (or bond bearing date the. day of- the matters in difference, etc., between A. B. and C. D. were by them submitted to the consideration of the undersigned arbitrator, to hear, determine, and award concerning the same.

That by virtue of said agreement (or bond), and after hearing the allegations and proofs of said parties, and examining the subjects in controversy between them, I do award, determine, and order as follows:

That, etc. (setting out the matters and things awarded, determined and ordered, by following the submission, determining all the matters submitted, and stating the award, determination, and orders in such a manner as to leave no doubt of the arbitrators' intention, or the nature and extent of the duties imposed on the parties).

Witness my hand, this

day of A. D. A. R., Arbitrator. Arbitration—Award, General Form. By two or more Arbitrators. Know all men by these presents, that we, the undersigned, arbitrators of all the matters in difference, of every name, kind, and nature, between A. B. and C. D., by virtue of their agreement of submission of said matters, dated at , on the

day of, A. D., do award, order, judge and determine of and concerning the same, as follows:

That, etc. (here state the award, consonantly with and following the submission, so that it affects only the parties to the award, the matters submitted, with clearness, certainty, and without mistake or doubt)

u-8 Johns. 125.

In witness whereof, we presence, hereunto set our of, A. D. ———.

have, in each other's hands, this day A. R., B. I., T. R. Arbitration-Award, General Form. By three, or more, or less Arbitrators. To all to whom these presents shall come, know ye:

That we, A. R., B. I., and T. R., arbitrators, to whom was submitted the matters in controversy existing between A. B. and C. D., as by agreement (or bond of submission) bearing date this day of -, more fully appears.

That we, the said arbitrators, being first duly worn, heard the allegations and proofs and allegations of parties, and examined the matters in Controversy submitted, do make the following award and determination:

That, etc., (here set out the matters awarded and determined).

In witness whereof, we have hereunto subscribed these presents, this day of, A. D. A. R., B. I., T. R., Arbitrators. Arbitration-Award. General Form. By three, or more, or less Arbitrators. To all to whom these presents shall come, or may concern, know ye:

That the matters in controversy existing between A. B., of, and C. D., of, as by the conditions of their respective bonds of submission executed by said parties respectively, each to the other (or by their submission in writing), bearing date the day of, more fully appears, was submitted to A. R., B. I., and T. R., as arbitrators.

That said arbitrators being sworn (or affirmed) according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this, their award, in writing:

That, etc. (setting out the matters awarded and adjudged).

In witness whereof, we have hereunto subscribed our names, this day of, A. D. A. R., B. I., T. R., Arbitrators. Arbitration-Award, General Form. By three, etc.-Another form.

To all to whom these presents shall come, we, A. R., B. I., and T. R., send greeting:

Whereas, divers suits and controversies have been and are yet pending between A. B., of and C. D., of, for the determination of which said A. B. and C. D. have submitted themselves, and become bound each to the other, by their several obligations, dated the -day of, in the sum of dollars, with conditions therein, to abide by, support, and keep the award, determination, and judgment of said A. R., B. I., and T. R., arbitrators, indifferently chosen, as well on the part and behalf of said A. B. as on the part and behalf of said C. D., to award, determine, and judge of and concerning all and all manner of actions, controversies, and demands whatsoever pending between said A. B. and C. D., from the beginning of the world until the day and date of these presents (or of said obligations), and that said award, determination, and judgment should be in writing, under our hands (and seals), on or before the day of, as by said obligations and conditions more fully appears. Therefore, know ye:

That we, the said A. R., B. I., and T. R., taking upon us the charge of said arbitrament and award, being duly sworn, and having deliberately and at large heard and considered the allegations of both parties and witnesses, concerning said premises, do make and put in writing our award, determination, and judgment between said parties concerning said premises, in the manner and form following, to wit: That, etc. (setting forth the matters and things awarded, determined, and adjudged). In witness, etc.

A. R., B. I., T. R., Arbitrators. Arbitration-Award, General Form. By indorsement on the submission. We, A. R., B. I., and T. R., the within-named arbitrators, having undertaken the arbitration upon and concerning all and singular the matters

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Arbitration-Award by Umpire. Whereas, A. B., of, of the one part, and C. D., of, of the other part, have mutually ert tered into bonds to each other, bearing date the day of in the penal sum of dollars, conditioned that said parties shall well and truly abide and perform the award and determination of A. R., B. I., and T. R., arbitrators, indifferently chosen by said parties, of and concerning all manner of actions, controversies, etc., pending between said parties, said award to be made on or before the day of, with the condition that if said arbitrators should not make such award by the time so agreed upon, then said parties should in all things well and truly abide, perform and keep the award, determination, and umpirage of such person as should thereafter be chosen umpire by said arbitrators between said parties of and concerning said differences, said umpire to make his award or umpirage on or before the day of

And whereas, said A. R., B. I., and T. R.,.met upon said arbitration, and did not make their award between said parties within the time limited therefor, and did thereupon choose the undersigned U. R. umpire, as agreed in the premises; therefore, know ye:

That said U. R., having undertaken the arbitration aforesaid, being duly sworn, having heard the allegations and proofs of parties, and examined as well the said parties as their respective witnesses, concerning said actions, controversies, etc., and fully considered the same and the matters to me referred, do make this, my award and umpirage, in the manner following:

I do award, adjudge and order

That, etc. (setting forth the matters and things awarded, etc.)

In witness whereof, I have hereunto set my hand, this -day of, A. D.

U. R., Umpire. Arbitration-Award by Umpire. Another form.

Know all men by these presents That, reciting the conditions of the agreement of submission, or arbitration bond).

That said arbitrators did not make any award in the premises within the time for that purpose limited as aforesaid.

That by a writing under their hands, dated the day of, said arbitrators did agree that I, the undersigned, U. R., should be the umpire in and concerning said matters of difference. Now know ye:

That, etc. setting forth the matters and things awarded and determined, etc.)

Clauses to be inserted in the preceding forms, according to circumstances.

CONCERNING ASSIGNMENT.

That said C. D. shall make, execute and deliver to said A. B. a good and sufficient assignment of a certain bond and mortgage executed and delivered to said C. D. by one E. F., on or before the

day of, and that said A. B. shall pay said C. D. the sum of dollars therefore, upon the execution and delivery of the same.

CONCERNING BOND.

- day

That said A. B. shall, on or before the of , well and sufficiently make, execute and deliver, a bond or obligation in the penal sum of - dollars, conditioned for the payment of dollars to C. D., or his assigns, on or before the day of, etc. (or for the performance of, etc., stating what).

CONCERNING CONVEYANCE. That the within-named A. B. shall, on or before the day of, by such deed or deeds ssaid C. D. this heirs, or assigns, or counsel) shall advise, well and sufficiently grant, convey, and assure unto said C. D., his heirs and assigns forever, the fol lowing described real estate, situated in the State of, county of, to wit (describino it),

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That said A. B. sold unto said C. D. the following articles (describing them), representing them to be in good, merchantable and sound condition, and in these and every other respect warranting them.

That said articles were neither good, merchantable, or sound, and were and are worth only dollars.

That said A. B. shall repay said C. D. dollars, the difference in price; dollars, for care and custody of said property; and — dollars, cartage of the same, and dollars, for costs

and expenses of this arbitration.

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That said C. D. shall pay the said A. B., on or before the day of, the sum of-dollars, with interest, at the rate of per cent. per annum, from the day of until the payment thereof. Another.

That said A. B. has no cause of action against said C. D.

CONCERNING DELIVERY OF GOODS. That said C. D. shall, on demand (on or before the day of at), freely deliver up to said A. B. the following goods (describing them so that a stranger may easily designate them), the property of said A. B. (or the property of D. D., deceased). CONCERNING DELIVERY OF WRITINGS. That said A. B. shall (on demand of C. D., or his legal representative; or on or before the -day of at or upon - days' notice) deliver unto said C. D. (or his legal representative) the following writings (describing them).

Or,

All leases, deeds, mortgages, and instruments of writing whatsoever, concerning any and all estates in possession of said C. D., or of any other person in trust for him, and especially the lease of (describe premises).

Same-For Cancellation.

That said A. B. shall forthwith, or before the

day of -, at, deliver unto said C. D. the following described writings, cancelled, or to be cancelled on delivery, to wit (describing them).

CONCERNING DISCONTINUANCE OF ACTION. That said A. B., or his legal representatives, shall, on or before the day of, cause and procure all actions and suits commenced and pending against said C. D., in any and all courts whatsoever, by or in the name of said A. B., or in the name of any other person or persons, by the consent, means and procurement of said A. B., thenceforth to cease, and be no further proceeded in by him or them, and to be utterly discontinued and made void.

That the costs accrued and to accrue of said actions, suits, and discontinuance, shall be paid by said

CONCERNING HORSE TRADE. That said A. B. did, on the day of, at sell unto said C. D. a horse, answering the following description (describe the horse by age, color, sex, size, etc).

the

That said C. D. was to pay said A. B. therefore dollars, upon the delivery of said horse (or on day of -).

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That said A. B., upon days' notice, shal. well and sufficiently make, execute and deliver to said C. D., a bond or obligation, in the penal sum of dollars, condition for the payment of said sum of dollars, to C. D., his heirs, or as signs, on or before.

CONCERNING PAYMENT OF COSTS.

See Costs, above. That the sum of dollars, being the expenses and charges incident to this arbitration, shall be paid by them, the said A. B. and C. D., in equai amounts and shares.

Same.

That said C. D., his executors or administrators, shall, between the hours of A. M. and -P. M., at , pay unto said A. B. the sum of dollars, in full satisfaction for his damages and costs, in a certain action lately commenced by him against said A. B., and also for the costs occasioned by this reference.

CONCERNING PERFORMANCE. That said A. B. shall (state the particular things required to be done by A. B.)

That said C. D. shall (state the particular things required to be done by C. D.)

CONCERNING RELEASE. That all controversies shall cease between said parties, and that each of them shall, on or before the - day of, duly execute and deliver to the other a general release, in writing, of all actions, suits, demands, and obligations whatsoever existing at or prior to the date of said submission. Same.

That said A. B. shall, on or before the

day of

as his act and deed, duly execute and deliver unto said C. D. a general release, in writing, of all manner of actions, suits, controversies and demands whatsoever, from the beginning of the world unto the day and date of said submission. Arbitration-Award, Service of. Proven by affidavit of person serving. State of county.

W. S., being duly sworn, says: That, on the day of, at o'clock, M., at, in —, he served the award (of which the within is a true copy or counterpart) by delivering the same unto the within-named A. B. and C. D. (Signature of affiant.) day

Subscribed and sworn to before me, this of —, A. D. ———. J. P., Justice of the Peace.

Arbitration-Award, Verification. By Subscribing or other Witness. State of county, ss. W. S., being duly sworn, says: That he knows A. R., B. I., and T. R., the arbitrators named in the annexed award. That, on the day of, at he was present and saw them (or that he heard them each declare that they did severally) sign and publish the same as their final award, determination, and

72

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State of

county, ss.

A. R., B. I., and T. R., being duly sworn, say: That they are the arbitrators named in the annexed award.

day of, at , as such arThat, on thebitrators, they did sign and publish the same as their final award, determination and judgment of the matters and things in controversy, submitted them by A. B., of, and C. D., of

A. R., B. I., T. R., Arbitrators. Subscribed and sworn to, etc.

(Officer's signature and title.) Attorneys are those who act for others by virtue of appointment. They are of various kinds.

AN ATTORNEY IN FACT is a person to whom the authority of another, who is called the CONSTITUENT, is by him lawfully delegated.

The term, "attorneys in fact," is employed to designate persons who act under a special agency, or a special letter of attorney, so that they are appointed in the matter for the deed or special act to be performed; but, in a more extended sense, it includes all other agents employed in any business, or to do any act, or acts, in and about the same, for another.

All persons who are capable of acting for themselves, and even those who are disqualified from acting in their own capacity, if they have sufficient understanding, as, infants of a proper age, may act as attorneys for others."

A Letter or Power of Attorney is an instrument of writing by which one or more perfons (called principals or constituents) authorize one or more other persons (called the attorneys) 19 do some lawful act for, in the stead, and place of the former.o An instrument of writing authorizing a person to act as the agent or attorney of the person granting it. This instrument is more generaly called a power of attorney.

A general power authorizes the agent to act generally in behalf of the principal.

A special (or limited) power is one limited o particular acts.

A power of attorney may be parol or under seal.d

It is a general rule that one acting under a power of attorney cannot execute for his principil a sealed instrument, unless the power of attorney be sealed. And where the statute prescribes certain formalities, and makes them requisite for the execution of an instrument, a power to make that instrument must, in general, be itself executed with similar formalities.

a-Bac. Abr. Attorney: Story Ag. 3 25. b-Co, Litt. 52, a Esp. 142; 2 Id. 511. - Mood. Cr. Cas. 5270. d-1 Parsons' Contr. 94. e-7 T. R. 209; 2 B. & P. 338; 5 B. & C. 355; 2 Greenl. 258; 4 T. R. 313; 1 Chitty, 707: 7 M. & W. 322, 331; 5 Mass. 11-24; 19 Johns. Wash. 60; 2 Pick. 345: 7 Cranch. 299; 30 Vt. 159: 4 C. C. 471; 9 Johns. 285; 16 Ga. 424; 1 Hall. 262; 11 Pick. 400; 26 Vt. 156; 7 M. & W. 331, 332-334; 2 G. Greene, 427; 6 G. & J. 250; 5 Bing. 368; 12 Wend. 525 9 Id. 68; 1, 11 Ill. 544; 7 Met. 244; 2 Me. 358.

But, as oral or written powers are equally parol, one by oral authority may sign the name of his principal without a seal thereto; and so he may be authorized orally to bind his principal by written contract, when the statute of frauds requires a writing signed by the parties sought to be charged, as the foundation of an action.g

Powers of attorney are strictly construed. General terms used with reference to a particular subject-matter are presumed to be used in subordination to that matter.i

Where a power is special, and the authority limited, the attorney cannot bind his principal by any act in which he exceeds his authority. The authority of an 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 an attorney under a power of attorney of another, should look to the terms of the power to see that the authority given is sufficiently broad.

If a power prescribes any condition in its execution, it must be strictly pursued.

Where a power is vested in several persons jointly, all should unite in executing it.

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 an agent, from the time it is communicated to him; as to third persons, from the time it is communicated to them.

An attorney in a simple power of attorney must act only in the name of his principal; in signing, should sign his principal's name, adding his own, thus: A. B., by C. D., his attorney.

It is only necessary to have a power of attorney and the substitution acknowledged, when the power given is to convey, or otherwise affect or encumber any land, tenement, or hereditaIn such case the acknowledgment and filing for record is the same as a deed or mortgage.

ment.

POWERS OF ATTORNEY FORMS. The general elements of a power of attorney are: 1. The names of the principal or principals (constituents) and of the attorney or attorneys, and words of appointment.

2. The nature and description of the duty imposed, and the particular mode of performance.

3. The character of the power imposed, whether general or limited (with conditions, limitations, restric

tions, etc., if any).

4. The power of substitution and revocation.
5. The ratification or confirmation.

6. The signature of the principal or principals.
7. The proper attestation and acknowledgment, when
required by law (as, in case the power is to convey or
encumber real estate).

8. The recording, when required by law (as, in case the power is to convey or encumber real estate). f-10 Foster (N. H.) 420; 6 Wheat. 577. g-8 Pick. 9: 9 Ves. 234; 1 Sch. & L. 22; 4 Johns. Ch. 659: 5 Bing. N. C. 607. h-6 Cush. 117; 5 Wheat. 326; 3 M. & W. 402; 8 Id. 806; 5 Bingh. 442. i-1 Taunt. 349; 7 B. & C. 278: 1 Younge & C. 394: 7 M. & W. 595: 5 Denio, 49: 7 Gray, 287, see, as to a power to collect a debt, I Blackf. 252; to settle a claim, 5 M. & W. 645: 8 Blackf 291; to make an adjustment of all claims, 8 Wend. 494: 7 Watts. 716; 14 Cal. 399; 7 Ala. (N. S.) 800; to accept bills, 7 B. & C. 278.

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