Page:The American Cyclopædia (1879) Volume II.djvu/110

 98 ATTRACTION the lands as well as convey them absolutely ; and if the attorney is to give deeds, whether he may give deeds with full covenants ; or if he is to make a mortgage, whether he may give with it a power of sale; though it has been held in New York that such an author- ity is fairly implied in a power to mortgage, because there a power of sale is a usual and virtually essential incident of a good mort- gage, but it is not or may not be so in all the states. The power conferred may be a mere naked authority to the attorney, in which case it is revocable at the will of the constituent, and necessarily expires with his death ; or it may be coupled with an interest in the attorney, as the phrase is, and in that case the power cannot be revoked by the prin- cipal, nor does his death annul it. Thus a mere power to collect debts due the principal is such a naked and revocable power. But if by as- signment or by virtue of an agreement with the principal, or in any other way, the attor- ney has an interest in the very debts them- selves, the power is then coupled with an in- terest, and the attorney cannot be compelled by the constituent to surrender it. A mere recital in the instrument that it is irrevocable will not make it so, unless one or other of these conditions exist. All conditions in the power must be strictly observed; as for ex- ample, if the consent of third persons is re- quired, it must be procured; and if the con- sent of several persons were required, the death of one of them would prevent the ex- ecution of the power, for the consent even of all the survivors is not the consent that the power calls for. It is a general rule of law that an authority given to one person cannot be delegated by him to another; and accordingly, when it is desired to give an authority to the contrary to the attorney, it must be expressly set forth in the power. Such a power, commonly called a power of substitution and revocation, is visually inserted in powers of attorney. When an attorney having such a power has appointed another attorney in his stead, his death annuls the power of his substitute. The death of the principal cancels the power of the attorney at once. And his power is annulled upon an actual revocation by the principal when the revocation is communicated to him, and as to third persons when it is made known to them. In executing the power, the attorney should act in the name of his principal. For example, if he gives a deed, the deed should run in the name of the principal, and be signed first with his name, the attorney adding his name and authority afterward. ATTRACTION. See ADHESION, COHESION, GEAVITY, and MAGNETISM. ATTliCKS, Crlspus, a mulatto, or half-Indian, resident of Framingham, Mass., one of the per- sons killed on the evening of March 5, 1770, in the affray known as the " Boston Massacre." John Adams, in his defence of the soldiers, AUBER accuses him of having been the principal leader of the attack on the British troops. His body was placed with that of Caldwell in Faneuil hall, and from that building it was borne with great ceremony by the people, and buried in the city burial ground, in one vault with the other victims of the riot. ATTWOOD, Thomas, an English composer, born in 1767, died in 1838. At the age of 16 he attracted the favorable notice of the prince of Wales, who sent him to Italy to be educated. At Vienna he was the pupil of Mo- zart till 1786, when he returned to England. He wrote operas, songs, glees, trios, and in the latter part of his life sacred music. His works are marked by knowledge of orchestral effects, and are vigorously written. ATYS, or Attys, in Greek mythology, a son of Nana, a nymph, according to some legends, by a Phrygian king. The traditions differ about the fate of Atys, the most current ones making him beloved by Cybele, who made him her priest on his taking a vow of perpetual chas- tity ; this he broke, and was punished by the goddess with madness, in which he castrated himself and attempted suicide; but the goddess restored him to his senses, and allowed him to continue in her service, decreeing at the same time that all her priests thereafter should be eunuchs. A festival was annually celebrated in memory of Atys at Pessinus. The myth is supposed by many writers to typify, in the powerlessness, death, and subsequent revival of Atys, the death of nature in the winter, and its revival in the spring through the agency of superior power. Al'BAGNE, a town of France, in the depart- ment of Bouches-du-Rh6ne, 10 m. E. of Mar- seilles; pop. in 1866, 7,408. The town is known for its excellent red wines. Near it the abb6 Barthelemy was born. Al I!AIM., Right of (low Lat. albanm, a cor- ruption of alibi natus, foreign born). See ALIEN, vol. i., p. 313. Al'BE, a department of France, in Cham- pagne, bounded by Marne, Haute-Marne, C6te d'Or, Yonne, and Seine-et-Marne ; area, 2,145 sq. m. ; pop. in 1872, 255,687. The surface is mostly level; the soil in the southeast is pro- ductive, but in the remaining portions it is poor. It is traversed by the Seine and its east- ern affluent the Aube, which rises in the plateau of Langres in Haute-Marne. The department has manufactories of pottery, tiles, and glass. It is divided into the arrondissements of Troyes, Arcis-sur-Aube, Bar-sur-Aube, Bar-sur-Seine, and Nogent-sur-Seine. Capital, Troyes. ri!K.Vs, a town of France, in the depart- ment of Ardeche, situated on the right bank of the Ardeche and at the foot of the Cevennes, 13 m. S. W. of Privas; pop. in 1866, 7,694. It has a college and a theological seminary, and is the centre of the wine and corn trade of the department. AlBER, Daniel Francois Esprit, a French com- poser, born at Caen, Jan. 29, 1782, died in