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POWER OF ATTORNEY.
A power of attorney is an instrument in writing whereby one person delegates to another authority to do any act for him, with the same binding effect as though it were done by the principal.
Every person who has power, in his own right, to do any act, may delegate the power to do that act to
pers son; but an attorney can not substitute another in his place unless express authority is given him to do so.
Every person intrusted with discretionary power in respect to the business of another, should perform the duties himself; for, generally speaking, he can not give to another authority to exercise those discretionary powers.
The authority of an attorney ceases when withdrawn by his principal; but when the attorney has an interest in the execution of the power, it is then irrevocable. The revocation of a power of attorney takes effect as to
from the time they have notice of it. Powers of attorney, to be used in a foreign country, should be acknowledged before a notary public, and the signature of the notary certified by the consul of the government to which the power of attorney is to be sent.
When intended to be used in another state, they should be duly proved or acknowledged according to the laws of the state where they are executed.
No. 98.-General Power of Attorney. know all Men by these Presents, that I, John Doe, of the city of St. Augustine, in the county of St. John's, and state of Florida, have made, constituted, and appointed, and by these presents do make, constitute, and appoint RICHARD Roe, of the same place, my true and lawful attorney for me and in my name, place, and stead,* to [here insert the things which the attorney is to do); giving and grantingt unto my said attorney full power and authority to do and perform ail 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.
In witness whereof, I have hereunto set my hand and seal, this first day of April, one thousand eight hundred and fifty.
JOHN DOE (seal). Sealed and delivered in the presence of
No. 99.-General Customhouse Power. know all Men by these Presents, that I, John Doe, of the city of New Orleans, in the parish of Orleans, and state of Louisiana, have made, constituted, and appointed, and by these presents do make, constitute, and appoint RICHARD ROE, of the same place, my true and lawful attorney, for me and in my name, to receive and enter at the customhouse of the district of New Orleans, 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
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 customhouse 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 whereof, &c. [as in No. 98].
No. 100.--Power to transfer Stock. Hinow all Men by these Presents, that I, John Doe of the town of Raleigh, in the county of Wake, and state of North Carolina, do hereby make, constitute, and appoint Richard Roe, of the same place, my true and lawful attorney, for me and in my name, to sell, transfer, and assign, all stock of the Greenville and Roanoke Railroad Company standing in my name on the books of the said company; with
power also, an attorney or attorneys under him for that purpose, to make and substitute with like power, and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that said
attorney or his substitute or substi tutes shall do therein by virtue of these presents. In witness whereof, &c. (as in No. 98].
Acknowledgment of the foregoing. State of North Carolina, 3 ss.
Be it known, that on the third day of September, in the year one thousand eight hundred and fifty, before me personally came John Doe, to me known to be the person
described in, and who executed the foregoing letter or power of attorney, and acknowledged the above letter of attorney to be his act and deed.
In testimony whereof, I have hereunto set my hand, and affixed my seal of office, the day and year last above written.
JOHN JONES, (Seal of office.)
No. 101.-Proxy, or Power to Vote at Election of
Directors. know all Men by these presents, that I, John Doe, of the town of Concord, in the county of Merrimack, and state of New Hampshire, do hereby constitute and appoint RichARD Roe, of the same place, my true and lawful attorney and agent, for me and in my name, place, and stead, to vote as my proxy at any election of directors of the Merrimack County Bank, according to the number of votes I should be entitled to vote if then personally present.
In witness whereof, &c. (as in No. 98).
Oath or Affirmation to the foregoing. I do swear (or affirm] that the shares on which my attorney and agent in the above proxy is authorized to vote, do not belong, and are not hypothecated to the said Merrimack County Bank, and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to me for the purpose of enabling me to yote thereon at the ensuing election, and that I have not contracted to sell or transfer them upon any condition, agreement, or understanding, in relation to my manner of voting at the said election.
JOHN DOE seal). Sworn (or affirmed] this second day of October, A.D. 1850, before me, John Richter, Justice of the Peace.
No. 102.-Power to Collect Debts. know all Men, &c. (as in No. 98 to the * ]-to demand, ask, sue for, collect, and receive, all sums of money, debts, rents, dues, accounts, and other demands of every kind, nature, and description whatever, which are due, owing, or payable to me from any person or persons whomsoever, and to give good and sufficient receipts, acquittances, and discharges therefor; giving and granting, &c. (as in No. 98 from the † to the end].
No. 103.-Power to Sell and Convey Real Estate.
Know all Men, &c (as in No. 98 to the * ]—to enter into and take possession of all the real estate belonging to me, situate in the town of Rutland, in the county of Rutland, and state of Vermont, and to bargain, sell, grant, convey, and confirm, the whole or any part thereof, for such price or sum of money or on such terms as he may think best, and for me and in my name to make, execute, acknowledge, and deliver, unto the purchaser or purchasers thereof, good anrl sufficient conveyances, with warranty, of the same; and to demand, receive, and collect, all sums of money which shall become due and payable to me by reason of such sale or sales ; giving and granting, &c. (as in No. 98 from the t to the end).
No. 104.-Substitution to be endorsed on the
Power of Attorney.* know all Men by these Presents, that I, John Doe, of the city of Louisville, in the county of Jefferson, and state of Kentucky, by virtue of the authority to me given by the within power of attorney, do substitute Richard Roe, of the town of Frankfort, in the county of Franklin, and state of Kentucky, as attorney in my stead, to do, perform, and execute, every act and thing which I might or could do by virtue of the within power of attorney; hereby ratifying and confirming all that the said substitute may do in the premises by virtue hereof and of the within power of attorney.
In witness whereof, &c. (as in No. 98].
No. 105.-Revocation of Power of Attorney.
Whereas I, John Doe, of the town of Little Rock, in the county of Pulaski, and state of Arkansas, by my certain power of attorney, bearing date the fifth day of July, in the year one thousand eight hundred and fifty, did appoint RichARD Roe, of the same place, my true and lawful attorney, for me and in my name, to [here set out what he was authorized to do, using the precise language of the power of attorney originally given him), as by the said-power of attorney, reference thereunto being had, will more fully appear :
Therefore, know all Men by these Presents, that I, John Doe aforesaid, have countermanded and revoked, and by these presents do countermand and revoke the said power of attorney and all power and authority thereby given to the said Richard Roe.
In witness whereof, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty.
JOHN DOE (seal). Sealed and delivered in the presence
of John SMITH,
Peter JONES. * This power of substitution can only be used when the attorney has had the right expressly granted to him in his appointment by the principal.