rant under his hand, to commit the person liable to the common gaol, or some house of correction within his jurisdiction, there to remain without bail for not exceeding three months. APPOINTMENTS. Arbitrator. In certain cases the defaulter § 25. Where the recovery of such money by distress and sale may appear to the justice or justices to be attended with consequences committed to ruinous, or in an especial manner injurious to the defaulter and his prison, family, the said justice or justices shall withhold such warrant, and commit the defaulter to the common gaol, or some house of correction within his jurisdiction, there to remain without bail for not exceeding three months. § 26. Where any person shall be committed to prison for refusing or delaying to fulfil an award, and such person shall, at any time during the period of imprisonment, pay to the governor or keeper of the prison the full amount of the sum awarded, with all reasonable expenses, it shall be lawful for such governor or keeper, and he is hereby required forthwith to discharge such person from his custody. On payment of the sum awarded, with costs, the party shall be discharged from prison. § 28. No appeal or certiorari shall lie against any proceedings under No appeal. this act. § 29. No proceedings under this act shall be invalid for want of form. 30. And a table of fees, signed by the clerk to such justices, shall Fees. be hung up in every place where any general or quarter sessions, or petty or other sessions shall be held. penses how to be settled. § 31. All costs, time, and expenses attending the application to jus- Costs and extices, to be made under this act, and of the arbitration' pursuant thereon, shall be settled by the arbitrators; and where the same shall be determined by any justice pursuant to this act, then the costs, time, and expenses aforesaid shall be settled by such justice; and where the arbitrators cannot agree as to the costs, time, and expenses, the same shall be settled by the justice by whom the said arbitrators were named, and, in case of his absence or indisposition, by any justice for the said county or place: Provided always, that no master manufacturer, his foreman, or agent, shall in any case be allowed for costs, time, or expenses, by the said justice, unless it shall appear to him that the proceedings of the workmen were vexatious and oppressive. § 32. Every agreement, submission, award, ticket, matter, or thing, Exemption from under this act, may be drawn up and written upon unstamped paper. stamp. § 33. 'No action shall be brought against any arbitrator, justice, con- Limitation of stable, headborough, or other officer, or against any other person, for actions. any thing done under this act, unless such action shall be brought within six calendar months. SUP.-VOL. I. T APPOINTMENTS. Attorney (ad mission to copyholds). No. LXXVII. An Appointment of an Attorney (1) for admission to Copyhold Premises. attorney. in the county of deceased] KNOW ALL MEN BY THESE PRESENTS, that I (the principal) (2) of, &c. [eldest son and heir [as the case may be] of one of the customary or copyhold tenants of the manor of according to the custom of the said manor, -Appointment of HAVE made, ordained, deputed, constituted, and appointed, and by these presents Do make, ordain, depute, constitute, and appoint (3) (the attorney) of, &c. my true and lawful attorney for me the said (principal), and in my name, place, and stead, to appear at the next general or special court baron, to be holden for the said manor of or at any other subsequent court baron to be holden for the said manor, and then and there for me and for my sole use and benefit, to pray admittance unto and be admitted tenant (4) of ALL To appear for the principal. Infants and feme coverts may be admitted by attorney. Two attornies. Previous surrender. (1) See post. No. LXXVIII. p. 254. (2) Infants and feme coverts are in general incapable of appointing an attorney; there is an exception, however, in the case of an admission to copyhold premises, for the 9 Geo 1. c. 29. s. 1. enacts, that where any infant or feme covert shall be entitled by devise or descent to any copyhold premises, it shall be lawful for such infant or feme covert in person, or such feme covert by her attorney, or such infant by his or her guardian, or in case he or she shall have no guardian, then by his or her attorney or attornies (for which purpose such infants and feme coverts shall be and are thereby empowered by writing under his or her hand and seal respectively to appoint an attorney or attornies in his or her behalf), to come to and appear at one of the three next courts to be holden for the manor, and there to offer themselves to be admitted tenants to the premises so descended, or come to the use of such infant or feme covert. (3) If two persons be appointed attornies, see post. p. 255. n. (1). (4) If the admittance be made in consequence of a previous surrender, add here, " at a special court, (or as the case "On the surrender of last past, of ALL," &c. purpose AND gene APPOINTMENTS. Attorney (ad mission to copy holds). mitted to the To do all neces sary acts. that copyhold, or customary messuage, &c. (1) To the end, intent, and that I the said (principal), my heirs and assigns, may hold the same by copy of court roll, at the will of the lord, according to the custom of the said manor, by the rents, duties, and services And to be adtherefore due and of right accustomed; and for me and in my premises. behalf to pay all such fines, dues, and monies as shall then and there be payable for or by reason of such admittance. rally for me the said (principal), and in my name, to do and execute all and every such acts and things as shall or may be necessary and requisite for procuring me the said (principal) to be admitted a copyhold or customary tenant of the said manor, as fully and effectually to all intents and purposes whatsoever, as I the said (principal) could or might do if I were personally present (2); I hereby promising Confirmation. and agreeing to repay unto my said attorney all such sum and sums of money, costs, charges, and expences as he shall be required to pay, or shall sustain or be put unto, in the execution of the trusts hereby in him reposed, or the matters and things aforesaid, or any of them. IN WITNESS, &c. (1) Insert here a particular description of the premises. Parcels. (2) If the attorney is to have power to appoint an attorney, see post. Sub-attorney. p. 256. **As to the execution of deeds by the attorney, see post. p. 264. Execution by attorney. APPOINTMENTS. Attorney (collect debts). No. LXXVIII. An Appointment of an Attorney to Collect Debts. I (the prin Recital of debts. ToO ALL TO WHOM THESE PRESENTS (1) SHALL COME. cipal) of, &c., send greeting. WHEREAS I (2) the said (principal) have various debts and monies due to me from certain persons resident in or about which my avocations in business render it inconvenient for me to demand in person [or as the case may be]. AND WHEREAS the said debts and monies are, or are in Letters of at (1) It is said in books of high authority that every delegation of autorney should be thority must be by deed; see Co. Lit. 48. b.; Roll. Ab. 8. pl. 4; Salk. in writing. 96; but as no estate or interest in the subject of the power passes to the person delegated, and all that is requisite is, that the authority given should be so explicit as to be certain in its object, writing alone should seem to be all that can be requisite. This observation, however, must be understood not to extend to cases where the power is to execute a deed, in which case the authority must also be by deed. See Streiglitz v. Egginton, 1 Holt, 141. By and to whom letters of attorney may be made. (2) Generally speaking, letters of attorney may be made by all persons who can themselves do the thing delegated to be done by another (except only in the case of an infant, who, although he may do some acts for his own benefit, is incapable of making an attorney; Zouch v. Parsons, 3 Burr. 1804); or who are capable of binding themselves by contract, but by no others.Letters of attorney may, however, be given to many persons who are incapable of making them; the reason of which difference is, that the delegating an authority to another requires a free exercise of deliberation and judgment as to the propriety and consequences of doing so, whilst the acting for another under such a power is not only in most cases a ministerial office, requiring nothing more than following the direction given by the principal; but where otherwise, the act done is considered to be the act rather of the principal himself than of his attorney, and therefore if sui juris must be supposed competent to judge of the ability and capacity of the person he appoints to do it. Hence, although a feme covert, infant, or idiot, or the like, cannot make a valid attorney for want of that free agency which is necessary in order to enable them to bind themselves, yet they may be attornies for others. See Co. Lit. 52. a. 112. a. Perk. s. 148. 187. 199. APPOINTMENTS. debts). Appointment of attorney. debts. tended to be particularly mentioned in the schedule or inventory thereof hereunder written, or hereunto annexed. Now KNOW YE, Attorney (collect that I the said (principal) HAVE made, deputed, constituted, and appointed, and by these presents Do make, depute, constitute, and appoint (1) (the attorney) of, &c., my true and lawful attorney (2) for me and in my name, and for my own use and benefit, to ask, demand, sue for, recover, and receive of and from all and every the person or persons to whom it doth, shall, or may belong to pay the same, all and every the book and other debts, sum and sums of To receive money now due and owing, or hereafter to become due and owing, unto me from all and every, or any of the persons whose names are mentioned in the schedule or inventory herein above referred to, all and every the sum and sums set opposite to their respective names, and also all such other sum and sums of money as I the said (principal) shall at any time hereafter in writing under my hand express to be due to me from them, or any or either of them, and upon receipt thereof, receipts, releases, and other proper and sufficient discharges and acquittances from time to time to make and give for the same, or any part thereof respectively; and upon nonpayment of the said debts and monies, or any part thereof, to take, commence, exercise, and prosecute for me and in my name, and on my behalf, all necessary, lawful, or proper powers, remedies, actions, suits, expedients, and means for the recovery, receiving, obtaining, and getting in the same, with full power to compromise or compound (1) If two persons be appointed attornies, say, "Do make, depute, constitute, and appoint (the attornies) of, &c. jointly, and each of them separately, my true and lawful attornies and attorney, for me, &c." as above. (2) Powers of attorney being merely the delegation of authorities founded on a confidence reposed by the principal in his attorney, which it is fit he should be at liberty to withdraw when he thinks proper, are holden to be in their nature revocable at pleasure, except where given to a bonâ fide purchaser or creditor; Watson v. King, 4 Campb. 274; but even in such case they will be void as against the general creditors of the principal after his decease; Mitchell v. Eades, Prec. Ch. 125; Lepard v. Vernon, 2 Ves. and Bea. 53; the death of the principal being in all cases a revocation of the power, for per Ellenborough, Ch. J. "how can a valid act be done in the name of a dead man?" See Watson v. King, 4 Campb. 274; Wallace v. Cooke, 5 Esp. 117; and therefore although payment be actually made to the attorney, if after the death of the principal, it will be bad by the common law, Wallace v. Cook, ubi sup. and see Co. Lit. 52. b. ; but if the payment be made before the death of the principal was known, it is said to be good by the civil law; Poth. Contr. par. 1. c. 6. ar. 1. s. 168. Two attornies. Powers of attor ney revocable in their nature. |