Award. premes, do togr at the same time & in the presce of each -, pay Witness eth. Finding. Award. Arbitrator's jurisdiction. Lands injuriously affected, but not taken. III. AWARD by UMPIRE in respect of PROPERTY injuriously affected but not taken by a RAILWAY COMPANY (b). TO ALL, &c., I, A., of, &c., send greetg. Recitals, see above: NOW THESE PSNTS WITS that I, the sd A., &c., see Precedent I., p. 174, that is to say: I do hby find that by reason of the obstron of the main public highway leadg in a Bridge, & known as Street, or as diron from the case may be, upon wch the sd premes of the sd B. abut by, &c., describe specifically the works causg the prejudice, access to & from the sd premes of the sd B., from & to, &c., is rendered less direct & convenient than formerly, & the lettg value of the sd premes of the sd B. diminished in consequce thof: AND upon the assumption that compenson is payable I award, (a) See Stalworth v. Inns, 13 M. & W. 466; Eads v. Williams, 24 L. J. Ch. 531. (b) In such a case the arbitrator can only determine the amount, and not the question whether the claimant is entitled, which latter is one of law for the Court. As to the law with regard to lands injuriously affected but not taken by a railway company, see Caledonian Railway Co. v. Walker's Trustees, 7 App. Cas. 259. assess, settle & determine that the sum of £ - is the amt to B. as owner in finding. be pd in respt thof by the sd Rly Co to the sd fee simple of the sd premes: AND I further find that by reason Further of the obstron thof as afsd Street so far as it lies betn the sd rly &, &c., has ceased to be a main thoroughfare, & in conseqce thof the lettg value of the sd premes of the sd B. has been diminished: AND upon the assumption that compenson is Further payable, I award, &c., that the sum of £- is the amt to be pd by the sd Rly Co to the sd B. as owner in fee simple of the sd premes in respt of the diminon in the value thof lastly hinbfe mentd. IN WITS, &c. award. IV. AWARD by UMPIRE on a BUILDING CONTRACT. as to arbi tration. TO ALL, &c., I, A., of, &c., send greetg: WHAS by a con- Recitals. tract in writg, dated, &c., & made betn B., of, &c., & C., of, Building &c., for the eron by the sd C. for the sd B. of a dwg- contract. house at, &c., the sd C. was to exte the works descd in the specificon thto annexed, & in the plans & drawgs thrin refd to, & provon was made with respt to addons to & omissions from the sd intd works, & it was provd that any disputes with respt Provision to what shd be deemed addonal or omitted work & the value thof shd be refd to the arbitron of the architect of the works, & anor architect to be nominated by the sd C.; & in case of the sd arbitrors not agreeing, then to the decision of an umpire who shd be an architect, & chosen by the sd arbitrors befe enterg upon the conson of the mres in dispute: AND WHAS Disputes disputes have arisen betn the sd B. & C. as to what shd be deemed addonal & omitted work within the meang of the sd referred. contract, & such disputes have been refd to the arbitron of D., of, &c. (the architect of the sd works), & E., of, &c. (an architect nominated by the sd C.), Apptmt of umpire, disagrmt of arbitrors & failure to make award & other clauses, see above, RECITALS: NOW, &c., see Precedent I., p. 174, that is to say, have arisen and been I find & award that the work descd in the 1st column of Finding the 1st schdle hto is addonal work within the meang of the sd and award. K.E.-VOL. I. N contract: AND I award & assess the value of the sd addonal work at the respive sums set opposite thto in the 2nd column of the sd 1st schdle: AND I further find & award that the work described in the 1st column of the 2nd schdle hto is omitted within the meang of the sd contract: AND I award & assess the value of the sd omitted work at the respive sums set opposite thto in the 2nd column of the sd 2nd schdle. WITS, &c. [Schdles.] IN ATTORNEY, POWERS OF (a). CLAUSES (b). ment by one person I. I, A., of, &c., do hby appt B., of, &c., my atty [B., of Appoint&c., C., of, &c., & D., of, &c., jtly & every two & every one of them sevlly my attys & atty] in my name or on my behalf, of au to, &c. attorney or attorneys. (a) The Conv. Acts, 1881 and 1882, contain some useful provisions relative Enactto powers of attorney. V. By the Act of 1881, s. 40, a married woman, whether an infant or not, is enabled to appoint an attorney to execute a deed or do any other act which she herself might execute or do. (As to the payment of income subject to a restraint on anticipation to an attorney, see Kenrich v. Wood, L. R. 9 Eq. 333; Stewart v. Fletcher, 38 Ch. D. 627.) She cannot appoint an attorney to acknowledge a deed, which is necessarily her personal act. At common law a married woman could not give a power of attorney except, perhaps, with the consent of her husband; see Cooper's Case, 2 Leon. 200; Hopkins, Cro. Car. 165, and note, 2 Buls. 13, overruling some earlier cases; see also the remark of Erle, C.J., in White v. Greenish, 11 C. B. N. S. 230. And a power given by an unmarried woman was in general revoked by her marriage; but it would seem that by the effect of the above enactment, coupled with the Married Women's Property Act, 1882, removing the disabilities of married women as to property and contracts, marriage would not now operate as a revocation; the provisions of the Conv. Act, 1882, ss. 8 and 9 (referred to below) implying that marriage might still so operate, are not inconsistent with this, as that Act was passed before the M. W. P. Act. ments in Conv. Acts, 1881 and 1882. Married women. By the Act of 1881, s. 46, an attorney is authorised to execute any assur- Execution ance or instrument in his own name instead of in the name of the principal; of deeds by see as to the two modes of execution, infra, DEEDS. attorney. The same Act, s. 47, provides that no person shall be liable for making or Protection doing any payment or act in pursuance of a power of attorney in good faith against after the principal has, unknown to him, died or become lunatic or of revocation. unsound mind, or bankrupt, or revoked the power, an enactment which is much more comprehensive than, and in fact appears entirely to supersede (b) All these clauses are adapted to the case of a power of attorney expressed in the first person, which is the more usual form where there are no recitals. The same by several. Variation II. WE, A., B., & C., of, &c., [carryg on business in ptnp togr as under the style or firm of -] do & each & for a firm. every of us doth hby appt D., of, &c., the atty [D., of, &c., E., To receive a sum of money. To receive debts and personal estate generally. To give receipts. Power vocable. of, &c., & F., of, &c., jtly & every two & every one of them sevlly the attys & atty] of us & of each & every of us [& our sd firm of -] in the names or name & on behalf of us & each & every of us [& our sd firm], &c. ш. To rece from K., of, &c., the sum of £, [being the price agrd to be pd by him to me for the pchase of, &c.,] and all intt due or to become due in respt thof, & to give an effectual rect & dischge for the same. IV. To demand, sue for, enforce paymt of, & rece & give effectual rects & dischges for all moys, secs for moy, debts, legacies, goods, chattels, & psonal este, of or to wch I am now or may hrafter become possed or entled, or wch are or may become due, owing, payable, or transferable to me from any pson or psons or corporon. v. To rece & give effectual rects & dischges for all & any moys wch shl come to the hands of the sd [attys or] atty by virtue 22 & 23 Vict. c. 35, s. 26, which is substantially re-enacted by the Trustee Act, 1893, s. 23. This would not, of course, unless the power had been made irrevocable under s. 8 or 9 of the Conv. Act, 1882 (see below), validate a deed executed by the attorney after the death of the principal or any other event by which the power would be revoked. It is therefore desirable on a sale (except in the case of an execution under an irrevocable power) to deposit or retain the purchase-money until it is known that the power has not been revoked by the death of the principal or otherwise before the date of execution of the conveyance. By the Conv. Act, 1882, s. 8, a power of attorney given for value may be made irre- made irrevocable in favour of a purchaser (which includes a mortgagee or lessee, or other person dealing for value) so as not to be revoked or affected by the death [marriage in case of a female, see above], lunacy, or bankruptcy of the donor of the power, or anything done by the donor without the concurrence of the donee; and by s. 9, a power of attorney, whether given for value or not, may be made irrevocable in like manner for a fixed time not exceeding one year, in favour of a purchaser (including a mortgagee, &c.). In both cases the power must be expressed to be irrevocable. It is not, however, clear how such a power is to operate or be acted on as against third parties. Deposit in Stamps By the Act of 1881, s. 48, a power of attorney, its execution being properly verified, may be deposited in the Central Office of the Supreme Court; and office copies are made evidence; a specially useful enactment where the power relates to real estate. As to the stamp on a power of attorney, see the Stamp Act, 1891, Sched. I., tit., LETTER OR POWER OF ATTORNEY. |