Page:Black's Law Dictionary (Second Edition).djvu/930

Rh

nuisance. Skene makes three sorts of this offense; (1) Against the crown; (2) against the lord of the fee; (3) against a neighbor. 2 Inst. 33: 1 Reeve, Eng. Law, 156.

The king's messenger; a royal or state messenger. 1n the heralds’ college, a functionary of lower rank than a herald, but discharging similar duties, called also "poursuivant at arms."

POURVEYANCE. In old English law. The providing corn, fuel, victuals, and other necessaries for the king's house. Cowell.

POURVEYOR, or PURVEYOR. A bu_\ er; one who provided for the royal house- hold

POUSTIE. In Scotch law. Power. LIEGE POUSTIE. Latin "potestas."

See A word formed from the

POVERTY AFFIDAVIT. An affidavit, m.ide and filed by one of the parties to a suit, that he is not able to furnish security for the final costs. The use of the term is confined to a few states. Cole v. Hoeburg, 36 Kan. 263, 13 Pac. 275.

POWER. In real property law. A power is an authority to do some act in re- lation to real property, or to the creation or revocation of an estate therein, or a charge thereon, which the owner granting or ieserving such power might himself perform for any purpose. Civ. Code Dak. 5 298; How. St. Mich. § 5501.

"I'q\icr" is i,-onietimes used in the same sense as "right."_ns when we _SpE£|k of the powers of user and disposition which the owner of prop- erty has over it, but, strictly speaking. a now- e_r is that which creates a special or exceptional- ri_-bt, or enables a person to do something which he could not 0l.il(:l‘\\l5e do. Sweet.

Technically, an authority by which one person enables another to do some act for him. 2 Lil. Abr. 339.

An authority enabling a person to dispose. through the medium of the statute of uses, of an interest, vested either in himself or in another person. Sugd. Powers, 82. An anthorlty €X[Jl'(‘SSly reserved to a graiitor. 01' cx1Ii-cssli‘ illieii to another. to lie e\'eiciscd over lands. etc., granted or conieyed at the time of the creation of such power. Watk. Conv. 157. A proviso, in a conveyance under the statute of uses, giving to the giautor or grantee, or a stranger, authority to re- rokc or alter by a suhscuiient act the estiite first granted. 1 Steph. Comm. 505. See also Burleigh v. Clough, 52 l\'. H. 267, 13 Am. Rep. 2%: Grlifitli v. Maxfleld. 66 Ark. 513, 51 S. W. 8.32; Boutun v. Doty. 69 Conn. 531, 37 At]. 1064: Dana v. Mui'ro.v. 122 N. Y. 604, 26 N. E. 21; Carson v. Cochran, 52 Minn. 67, 53 N. W. 1130; Law Gllfl.l'-lntee & Trust Co. v. Jones, 103 Tenn. 24.‘), 58 S. W. 219.

—-General and special powers. A power is general when it sntborizes the alienation in

922

POWER

fee, by means of a conveyance, will, or charge of the lands embraced in the power to any alienee whatsoever. It is special (1) when the persons or class of persons to wbam the disposition of the lands under the power is to he made are designated, or (2) when the pane: authorizes the alienation, by means of a con- veyance, will, or charge, of a particular estate or interest less than a. fee. Caster v. Lorillanl. 14 Wend. (N. Y.) 324: Thompson v. Garnood. 3 "'1iart. (I’zi.) 3%, 31 Am. Dru. . —Genera] and special powers in trust. A general power is in trust when any person or cliiss of persons other than the grantee of such power is designated as entitled to the proceeds inany poi tion of the proceeds or other benehts to result from the alienation. A specliil power ll in trust (1) when the disposition or charize which it authorizes is limited to be made in any person or class of persons other than the holder of the power, or (2) "hen any person or class of persons other than the holder in designated as entitled to any banefit tram the disposition or charge authorised by the power. Cuiting v. Cutting. 20 llun (N. Y.) 360. W3 v. Murray. 122 N. Y. (S12. 26 N. a 23: il- son's Rev. .8: Ann. St. Okl. 1903. §§ 410?. 410:5 —Ministerial powers. A phrase ussd_ in English conveyancing to denote powers Ell?!" for the good. not of the donee liimself_exclusivr ly, or of the dones himself necussaiily at all, but for the good of several persons. including or not including the donee also. They are_sn called because the donee_of thr-m_ is as a min- ister or servant in his exercise of them. Brmvn.—No.ked power. One whidi is suullll’ collateral and without interest in the dunes, which arises when. t_o a mere-._stranger._ author ity is given of disposing of on interest. in which he had not before, nor has by the ll|J1Stl'ilnJEl1t creating the power, any estate W B15081"? Bergen v. Bennett, '1 Caines Cu! N._Y 18.. 2 Am. Dec. 281: Atwuter v. Pe os. nl Conn. 198: Clark r. Hoi-nthal.__4T .\1i. s. 534: Hunt v. Ennis, 12 Fed Gas 91a.—-Powers append- tint and in grass. A power appendmll II where a person has an estate in land, and the estate to be created by the power is to, or may. take effect ln possession (luring _Lhe tenancy of the estate to which the power is annexed. A power in gross is where the person to whom it is given has an estate in the land. hot the estate to be created under or by virtue of the power is not to lake effect until after the drterinlnation of the estate to whichnilt relates. Wilson v '1‘roup. 2 Cow. (N. Y.l'.’.ob. 1-! Am. Dec. 458; Gailand v. Smith. lb-1 Mo. 1, 64 S. W. 188.

For other compound terms. such as "Power of Appointment." "Power of Sale," etc. see the following titles.

In constitutional law. The right to tfikfl

action in respect to a partlcuiar snliJ€Ct'lU3t' tor or class of matteis, involving more or less of discretion. granted by the constitutions to the several departments or branches of the government, or reserved to the people. Powers in this sense are generally classified as legislative, executive, and judicial. See those titles. —Implied powers a_re such in: are necessary to make available and carry into effect those powers which are expressly granted or con- ferred, and which must therefore be presumed to have been within the intention of the constitutional or legvisla ‘vs grant. Madison v. Daley (C-. C.) 58 Fed, People v. Pulhn.-in's Palace Car 00.. 175 III. 135. 51 N. E. t‘»4">4. 64 L. R. A. 366: First M. E. Church v. Dixon. 178 I11. 260. 52 N. E. 887.

c.