Sect. 46. Execution under power of XI.-POWERS OF ATTORNEY. 46.-(1.) The donee of a power of attorney may, if he thinks fit, execute or do any assurance, instrument, or thing in and with his own name attorney. and signature and his own seal, where sealing is required, by the authority of the donor of the power; and every assurance, instrument, and thing so executed and done shall be as effectual in law, to all intents, as if it had been executed or done by the donee of the power in the name and with the signature and seal of the donor thereof. Execution of deed by an agent. Payment by attor (2.) This section applies to powers of attorney created by instruments executed either before or after the commencement of this Act. This section alters the rule stated as settled law in Lawrie v. Lees, 14 Ch. D. 249, 256, that where an attorney describes himself as an attorney, and professes to grant asan attorney and execute as an attorney, but does not execute in the name of and on behalf of his principal, that is a bad execution. The form of power generally given enables the attorney to do any act in the name of the principal, and the principal, and not the attorney, is generally made a party to the deed executed under the power. See Dav. Conv. I., 4th Edit., 43, 475. This section will probably alter that practice. The section applies to powers of attorney already created. 47.-(1.) Any person making or doing any ney under payment or act, in good faith, in pursuance of a power of attorney, shall not be liable in respect power of the payment or act by reason that before the Sect. 47. payment or act the donor of the power had died without or become lunatic, of unsound mind, or bank- notice of death, &c. rupt, or had revoked the power, if the fact of good. death, lunacy, unsoundness of mind, bankruptcy, or revocation was not at the time of the payment or act known to the person making or doing the same. This section extends the indemnity given by Lord St. IndemLeonards' Act (22 & 23 Vict. c. 35, s. 26) to any person nity. acting in pursuance of a power of attorney and to the cases of revocation by lunacy, &c. See Lewin on Trusts, ch. XIV. s. 6. It is, perhaps, doubtful whether lunacy or unsoundness of mind has of itself the effect of revoking a power of attorney, and this section does not enact that it shall have that effect. See Drew v. Nunn, 4 Q. B. D. 661. (2.) But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer if the payment had not been made by him. Sub-sect. (2) does not affect the right of persons interested in the money to follow it in the hands of the person to whom it is paid, as if he were the original debtor or trustee. (3.) This section applies only to payments and acts made and done after the commencement of this Act. 48.-(1.) An instrument creating a power Deposit of of attorney, its execution being verified by affi original instru ments Sect. 48. davit, statutory declaration, or other sufficient evidence, may, with the affidavit or declaration, creating if any, be deposited in the central office of the attorney. Supreme Court of Judicature. powers of Custody of documents. Copies. Evidence. (2.) A separate file of instruments so deposited shall be kept, and any person may search that file, and inspect every instrument so deposited, and an office copy thereof shall be delivered out to him on request. (3.) A copy of an instrument so deposited may be presented at the office, and may be stamped or marked as an office copy, and when so stamped or marked shall become and be an office copy. (4.) An office copy of an instrument so deposited shall without further proof be sufficient evidence of the contents of the instrument and of the deposit thereof in the central office. (5.) General rules may be made for purposes of this section, regulating the practice of the central office, and prescribing, with the concurrence of the commissioners of Her Majesty's treasury, the fees to be taken therein. (6.) This section applies to instruments creating powers of attorney executed either before or after the commencement of this Act. This section provides a means of safe custody for the originals of instruments creating powers of attorney, and of producing copies which shall be evidence of the contents of the instrument (not merely of the terms of the power of attorney). As to the general rules under sub-sect. (5), see sect. 69, Note to sub-sect. (8), post. Sect. 48. The section applies to instruments executed either before or after the Act. XII.-CONSTRUCTION AND EFFECT OF DEEDS AND word 49.-(1.) It is hereby declared that the use Use of of the word grant is not necessary in order to grant unconvey tenements or hereditaments, corporeal or necessary. incorporeal. (2.) This section applies to conveyances made before or after the commencement of this Act. This section is merely declaratory of the law (see Dav. Conv., 4th Edit., vol. I., p. 75; Williams' R. P., 13th Edit. 203), and will probably not affect the use of the word in practice. person to &c. 50.-(1.) Freehold land, or a thing in Conveyaction, may be conveyed by a person to himself ance by a jointly with another person, by the like means by himself, which it might be conveyed by him to another person; and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person. (2.) This section applies only to conveyances made after the commencement of this Act. This section is supplementary to sect. 21 of Lord St. Lord St. Leonards' Act (22 & 23 Vict. c. 35), whereby "any person Leonards' shall have power to assign personal property now by law assignable, including chattels real, directly to himself and Act. Note to Convey- person to himself and another. "Himself." "Jointly." Words of limitation in fee or in tail. another person, or other persons or corporation, by the like means as he might assign the same to another.” This section gives the like power with respect to any freehold hereditament or any chose in action. See sect. 2, (ii.) and (xvii.). With respect to freeholds the effect is merely to enable the instrument to operate without the help of the Statute of Uses. See Williams' Real Property, 11th Edit., pp. 189, 227. The latter part of the section enables a husband to convey to his wife, or a wife to her husband, property which he or she might convey to another. It does not extend the wife's power of dealing with her property, nor relieve her from any of the formalities now necessary. Unless the word "himself" in sect. 21 of Lord St. Leonards' Act includes the assignor's wife, the assignor seemingly has still no power to assign personalty or chattels real to his wife alone or jointly with another, and if he attempts to do so the property will vest entirely in the other person. Williams' Personal Property, 9th Edit. 454; but see Moyse v. Gyles, 2 Vern. 385. Quære, whether this section applies to a case where a person who owns lands adjacent to the glebe lands sells them to be annexed to the glebe, and has to convey as private person to himself as parson. There is nothing in the section to prevent personal property vested in the wife from vesting in the husband; the conveyance should therefore state that the property is for her separate use. It may be observed that if a technical construction is placed upon the word "jointly," it might have the effect of making this section inapplicable to a conveyance by a man to himself and another as tenants in common, but it is anticipated that the word will not be so construed. The section applies only to conveyances made after 31st December, 1881. 51.-(1.) In a deed it shall be sufficient, in the limitation of an estate in fee simple, to use |