be made the wrong way, the punishment is due to him for the attempt, just as fully as if he had made no mistake.

CANCELLATION.

12778. By Grantee.-If a deed is apparently cancelled by a memorandum or mere erasure, such cancellation is good against the grantee, if he made or authorized the cancellation; but

12779. Absence of Evidence.-Mere cancellation or obliteration, in the absence of evidence of how it was done, goes for nothing, if the original writing remains legible, or can be proved; and

12780. Without Authority.—In no case can a deed be made void by cancellation; as against a party who neither made nor authorized the cancellation.

MANNER OF CANCELLATION.

12781. Removal of Seals.-Formerly the mere breaking or te moval of the seals of a deed was considered sufficient to cancel it, but

12782. Necessary Evidence.-In modern times the destruction or removal of a seal of a deed goes for nothing, unless it can be proved that it was removed for the express purpose of cancellation.

PROPERTY INDEPENDENT.

12783. Though a deed be cancelled or destroyed (1595), whether purposely or not, the property in the estate is not thereby impaired though possibly some question of title might afterwards arise; for 12784. Possession Without Deeds.-The ownership of real estate does not depend upon deeds, but upon lawful possession.

DISPUTED DEEDS.

12785. Admissible Evidence.—When the genuineness of a dest is disputed, and the parties to its execution are dead or abroad comparison between the signatures to the deed and other signature of the same parties is considered proper and acceptable evidence i any court; and

12786. Oral Evidence.—Oral evidence is admissible to any exter in proof of facts and circumstances, to sustain the genuineness of a deed, independently of the writing; and

12787. Oral Explanations.-When there are words in a deed which are of doubtful signification, oral evidence is admissible explain what they probably intend to convey; but,

12788. Vain Evidence.—If the expressions in a deed are clear.

no amount of oral evidence will suffice to prove that the intention was really contrary, unless the whole deed is attacked as a fraud (12695).

STAMPS.

12789. Ordinary Deeds.-When a deed is of a kind expressly anticipated and enumerated in the current Stamp Act (12995), it must be stamped to the amount there provided; but,

12790. Extraordinary Deeds.-If a deed is of such a nature as not to be expressly anticipated by the current Stamp Act (12995), it must bear a stamp to the amount of ten shillings (12943); provided always that

12791. Accumulated Stamps.-Deeds of considerable length or elaboration are peculiarly liable to accumulate stamp duty under various heads (12949).

DEEDS UNDER POWERS.

12792. No person can legally execute a deed for another except under the provisions of a power to that effect, evidenced by deed, which leads to the consideration of powers generally.

POWERS.

SPECIAL POWERS.

SPECIFIC AUTHORITY.

12793. Definition.-A power, in legal phraseology, is an authority which one person gives to another to do any specific act or acts. 12794. Limited.-The authority which may be legally exercised under a power is strictly limited to the terms of the power; thus, 12795. Under Trusts.-A power conferred by a trust deed will not authorize the exercise of the power outside the terms or busimess of the trust; and

12796. Debts and Bills.-A power to receive and recover all moneys, to compound, discharge, and give releases, does not authorize he party holding the power to negotiate or endorse bills.

12797. Appointment of Additional Trustees.-A common form

which a power takes is that given to the cestui qui trust (5041) or to one or several trustees in a deed, as illustrated in the following

extract :

And it is hereby agreed and declared by and between the parties to these presents that if the said trustees or any future trustee to be appointed in the place or stead of any of them as hereinafter is mentioned during the continuance of the aforesaid trusts, shall happen to die or desire to be discharged of and from the said trusts, or go to reside beyond seas, or refuse or become incapable to act in the execution of the same, then and in any such case and when and so often as the same shall happen, it shall and may be lawful for the said [name of the cestui que trust (5041)] during his life or after his death, or for the surviving or continuing trustees or trustee for the time being of these presents (and for this purpose refusing or retiring trustees shall, if willing to act in the execution of this power, be considered continuing trustees), or for the acting executors or administrators of the last surviving or continuing trustee, to appoint any other person or persons to be a trustee or trustees for the purposes aforesaid in the stead or place of the trustee or trustees so dying, desiring to be discharged, going to reside beyond seas, or refusing or becoming incapable to act as aforesaid,

GENERAL POWERS.

POWERS OF ATTORNEY.

12798. When a power is given for general business, it is called a power of attorney.

ATTORNEYS.

12799. Definition.-An attorney is one that is appointed by another to do anything by deputy.

MINORS AND WIVES.

12800. It is held that minors and married women are, contrary to the usual rules of their disabilities, capable of acting as private attorneys; and

12801. Signing.-There can be no doubt that if a minor er married woman is delegated to do some simple act, as to sign for some one (11643), the act is binding upon the person who actually confers the authority; and

12802. As Agents.—In all matters of agency minors and married women, within the scope of their express or implied agency (11608) are capable of binding or committing their principals as fully as if they were of age; but

12803. Inconvenient.-The inconvenience and insufficiency of minors and married women as attorneys for any important business outside the ordinary business of every-day life must be too selfevident to admit of their appointment under deeds; and,

12804. Risks.—Notwithstanding the legal decisions which have been arrived at on the subject, there are various considerations which suggest risks in the formal appointment of minors and married women as attorneys for general purposes.

PRIVATE ATTORNEYS.

12805. Qualifications.—Any person, not disqualified by minority, marriage, or otherwise, may be made the attorney of any other person similarly qualified, for the períormance of any private office or special business.

ATTORNEYS AT LAW.

12806. An attorney at law is one who makes it his business to undertake the legal business of others; and

12807. Special Laws.-Every person acting or practising as an attorney at law is subject to the numerous laws and rules for the authorization and control of attorneys; as,

12808. Amateurs.-It is illegal for any person to affect the profession of an attorney at law, or to appear in any court as the advocate of another, who is not duly licensed and enrolled as such; and,

12809. Penalty.-If a person acts as an attorney at law without being authorized to do so, he is liable to a penalty of £50 for every offence,

CHOICE OF ATTORNEYS.

12810. Trusty Friend.-When the business which a power of attorney contemplates is of a private character, and there is any rusty friend available for the purpose, it is usually best to empower him; but,

12811. Verbal.-When the business to be transacted is of such a character as to require professional knowledge or appearance in any of the courts, verbal instructions to an attorney at law will generally suffice; though,

12812. Formal.-If the power contemplated extends to the xecution of deeds (11654), it must be given in a formal document, yhether the attorney be private or professional.

LETTERS OF ATTORNEY.

12813. A power of attorney is usually granted by a document commonly called a letter or letters of attorney; and

12814. Deed Poll.-A power of attorney for any purpose may be most effectually given by means of a deed poll (12644).

12815. For Execution of a Deed.—The following is a suggestive form for a power of attorney to execute a deed ::

TO ALL to whom these presents shall come [A Z, name and description of the grantor] sends greeting: Whereas by a certain indenture duly engrossed and ready for execution [or of which a draft now lies at], bearing or intended to bear the date of made or expressed to be made between [names and descriptions of the parties], and providing [enumeration of provisions]: And whereas the said A Z cannot attend personally to execute the aforesaid indenture, being about to set sail this evening for Jamaica, he is therefore desirous that the same shall be executed by A B, of &c., &c., as his attorney and on his behalf: NOW KNOW YE, and these presents witness, that the said A Z doth hereby constitute and appoint the said A B to be the true and lawful attorney of him the said A Z, for him and in his name, and as his act and deed, to sign, seal, and deliver the said indenture, which has been so prepared as aforesaid, and every other deed which to him shall appear necessary for conveying and assuring the said [description of property] in the said indenture described, or any description or descriptions which he shall think suitable, as provided in the aforesaid first-mentioned indenture: AND the said A Z doth hereby for himself, his heirs, executors, and administrators, agree to acknowledge and faithfully abide by and confirm all and everything the said A B shall lawfully do or procure to be done in or concerning the premises, by virtue of these presents. In witness, &c., &c.

12816. For Miscellaneous Business.-Miscellaneous letters of attorney may include a great variety of powers; as suggested in the following form :—

12817. Motive-Travelling.-KNOW all men by these presents that I, A Z of, &c., being about to undertake lengthy voyages and travels in foreige countries, do hereby constitute and appoint A B, of &c., to be my true and lawful attorney for the purposes hereinafter expressed, that is to say:

12818. Possession and Management.-TO take possession and manage a the messuages, farms, lands, tenements, and hereditaments of or to which I, or any person or persons in trust for me, now am or at any time hereafter sha... or may become possessed:

12819. View and Survey.-AND for me and in my name to enter into, view, and survey at his free will and pleasure all and singular the messuages and lands aforesaid:

12820. Rents.-AND for me and on my account to receive the rents and profits of the messuages and lands aforesaid :

12821. Rates and Taxes.-AND on my behalf to pay all taxes, rates, charges and expenses, and make all other payments whatsoever which shall be payable or become due for or on acccount of the messuages and lands aforesaid:

12822. Notices to Quit.-AND in my name to give notices to quit to the tenants of the said messuages and lands: