LETTER or POWER OF ATTORNEY is an instrument by which me person authorises another to do some act for him; it may be used in any lawful transaction, as to executes deed, to collect rents or debts, to sell estates, &c. The authority must be strictly pursued, for the principal is only bound by the acts of his agent to the extent to which the letter of attorney authorises him to proceed, and if the agent goes beyond his authority he is personally liable to the party with whom lie contracts. The power authorising an attorney or agent to do some particular act impliedly include* an authority to do whatever is incident to that act ; as for instance, a power to demand and recover a debt authorises the arrest of the debtor in all cases where it is permitted by law. But a power to receive money and to give releases, or even to transact all business, does not authorise the attorney to negotiate bills received in payment. In fact all written powers, such as letters of attorney or letters of instruction, receive a strict inter pretation; the authority never being extended beyond that which is given in terms, or is absolutely necessary for carrying the authority so given into effect. An attorney, unless power be specially given him for that purpose, cannot delegate his authority or appoint a substitute, and, generally speaking, the words of general authority usually inserted In letters of attorney, after giving the particular authority, do not enlarge it The authority must be executed during the life of the person who gives it, as the act done is considered to be in every respect his act, and a power to do an act is therefore considered aa at once revoked by the death of the person giving it.
Powers of attorney may be given either in separate instruments, or In deeds relating to other matters ; the second form is usually followed where the instrument forms part of a security for money, as where a chose in action be assigned either as a security for money or to an actual purcheser. The deed of assignment contains a power of attorney
authorising the amignee to sue In the name of the assignor. Powers of attorney are generally executed under hand and seal, and where they contain an authority to bind the principal by deed, it is emential that they should] be so executed. When the agent signs any instrument which is to bind his principal, he must sign it in the name of the principal, and not In his own name.
A power of attorney, linked it be given as a security, is revocable at pleasure, either by tles 1 erwmal Interference of the principal or by his granting a new ismer to another person. But if the power has been given as a security, or as it is sometimes called, is coupled with an interest, it is not revocable. Though it has been decided that a power of attorney coupled with an interest is revoked by the death of the grantor, yet if it authorise the agent to act in the name of the grantor, his executors, &c., it may be held that such a power, when given as part of a security, is not revoked by the death of the principal, and that the assignee of his interest has power to do the acts necessary to render his security available in a court of law, in the name of the representatives of the assignor. At all events a court of equity would interfere in favour of the assignee.
A letter of attorney is also in general revoked by the bankruptcy of the principal, unless it is coupled with an interest.