Page:Halsbury Laws of England v1 1907.pdf/376

 —— Agency.

154 Sect.

1.

In General,

authorised by him, expressly appoints the agent, either by deed, by writing under hand, or by parol (a). Implied agency arises from the conduct or situation of the parties (b), or from necessity (c). Sect.

Agent to execute deed, ".

2.

Appomtment by Deed,

339. An agent who has to execute a deed, as, for example, a conveyance or deed of partnership, must be appointed by deed (c^). Such an authority is called a power of attorney (e). Certain acts have no legal force unless effected by deed. In such cases, therefore, it is essential that the agent's authority should be conferred by an instrument under seal. The following are the principal instances



and legal mortgages of land, and interests in land other than copyhold (/). (2) Leases of lands, tenements, and hereditaments for more than three years, or reserving a rent less than two-thirds of the Conveyances on

(1)

improved value

sale

(g).

Transfers of shares in companies under the Companies Clauses Act (li). (4) Transfer of a British ship or share therein (i) (3)

.

Bills of sale {k).

(5)

Sale of sculpture, with copyright (l). law, a contract of a corporation. law, a contract without consideration. (8) The necessity for appointment by deed of an agent for the purpose of executing an instrument under seal does not, however, exist where the execution of the instrument is in the presence of the principal, when, at his request, someone signs on his behalf and in his name (m). And an agent who executes a deed, though (6)

(7)

(a)

Under the common Under the common

Gosling v.

Be Hale, [1899] (b)

Trent v.

GasMI, [1897] A.

C. 575;

Be Vimbos, Ltd., [1900]

1

Ch. 470;

2 Ch. 107.

Hunt

(1853), 9 Exch. 14 2 Esp. 637

(mortgagor implied agent of mortgagee)



Byany. Sams (1848), 12 Q. B. 460 (cohabitation as man and wife). And see titles Auction and Auctioneees Husband AND WiEE Shipping and Navigation. See also as to agency by estoppel, Watson Y. Threlkeld (1794),





.



p. 158, post. (c)

{d)

B.

&

As

to

agency

Steiglitz v.

of necessity, see p. 157, post.

Egyinton (1815), Holt

(n. p.)

141



BerMey

v.

Hardy

(1826), 5

C. 355.

(e) Powers of attorney may be registered in the Central Office of the Supreme Court under the Conveyancing and Law of Property Act, 1881 (44 & 45 Vict, c. 41), s. 48. See also p. 161, post. if ) Eeal Property Act, 1845 (8 & 9 Yict. c. 106), s. 3. Eor forms of appointment, see Encyclopaedia of Forms, Yol. L, pp. 380, 382. Eeal Property Act, 1845 (g) Statute of Erauds (29 Car. 2, c. 3), ss. 1, 2, 3

(8

&

9 Vict.

c.

106),

s. 3.

Eor form of appointment, see Encyclopaedia of Eorms, Yol. I., h) Companies Clauses Act, 1845 (8 & 9 Yict. c. 16), s. 14. Eor form of appointment, see Encyclopaedia of Eorms, Yol. 1., (/) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 24.

p. 383.

p.

354

Bills of Sale Act, 1882 (45 & 46 Yict. c. 43), s. 9, schedule. Sculpture Copyright Act, 1814 (54 Geo. 3, c. 56), s. 4. m) Ball V. Dunsterville (1791), 4 Term Eep. 313, a deed executed for a partner in his presence B. v. Inhahitants of Longnor (1833), 4 B. & Ad. 647, where the parties, who were unable to write, requested someone to execute the deed in their presence. {k)

{I)