| slovo | definícia |
of attorney
(gcide) | Attorney \At*tor"ney\, n.; pl. Attorneys. [OE. aturneye, OF.
atorn['e], p. p. of atorner: cf. LL. atturnatus, attornatus,
fr. attornare. See Attorn.]
1. A substitute; a proxy; an agent. [Obs.]
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And will have no attorney but myself. --Shak.
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2. (Law)
(a) One who is legally appointed by another to transact
any business for him; an attorney in fact.
(b) A legal agent qualified to act for suitors and
defendants in legal proceedings; an attorney at law.
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Note: An attorney is either public or private. A private
attorney, or an attorney in fact, is a person appointed
by another, by a letter or power of attorney, to
transact any business for him out of court; but in a
more extended sense, this class includes any agent
employed in any business, or to do any act in pais, for
another. A public attorney, or attorney at law, is a
practitioner in a court of law, legally qualified to
prosecute and defend actions in such court, on the
retainer of clients. --Bouvier. -- The attorney at law
answers to the procurator of the civilians, to the
solicitor in chancery, and to the proctor in the
ecclesiastical and admiralty courts, and all of these
are comprehended under the more general term lawyer. In
Great Britain and in some states of the United States,
attorneys are distinguished from counselors in that the
business of the former is to carry on the practical and
formal parts of the suit. In many states of the United
States however, no such distinction exists. In England,
since 1873, attorneys at law are by statute called
solicitors.
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A power, letter, or warrant, of attorney, a written
authority from one person empowering another to transact
business for him.
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| | podobné slovo | definícia |
power of attorney
(encz) | power of attorney,plná moc n: Ivan Masárpower of attorney,prokura n: Zdeněk Brožpower of attorney,zmocňovací listina n: Zdeněk Brož |
Letter of attorney
(gcide) | Letter \Let"ter\, n. [OE. lettre, F. lettre, OF. letre, fr. L.
littera, litera, a letter; pl., an epistle, a writing,
literature, fr. linere, litum, to besmear, to spread or rub
over; because one of the earliest modes of writing was by
graving the characters upon tablets smeared over or covered
with wax. --Pliny, xiii. 11. See Liniment, and cf.
Literal.]
1. A mark or character used as the representative of a sound,
or of an articulation of the human organs of speech; a
first element of written language.
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And a superscription also was written over him in
letters of Greek, and Latin, and Hebrew. --Luke
xxiii. 38.
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2. A written or printed communication; a message expressed in
intelligible characters on something adapted to
conveyance, as paper, parchment, etc.; an epistle.
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The style of letters ought to be free, easy, and
natural. --Walsh.
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3. A writing; an inscription. [Obs.]
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None could expound what this letter meant.
--Chaucer.
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4. Verbal expression; literal statement or meaning; exact
signification or requirement.
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We must observe the letter of the law, without doing
violence to the reason of the law and the intention
of the lawgiver. --Jer. Taylor.
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I broke the letter of it to keep the sense.
--Tennyson.
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5. (Print.) A single type; type, collectively; a style of
type.
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Under these buildings . . . was the king's printing
house, and that famous letter so much esteemed.
--Evelyn.
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6. pl. Learning; erudition; as, a man of letters.
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7. pl. A letter; an epistle. [Obs.] --Chaucer.
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8. (Teleg.) A telegram longer than an ordinary message sent
at rates lower than the standard message rate in
consideration of its being sent and delivered subject to
priority in service of regular messages. Such telegrams
are called by the Western Union Company day letters, or
night letters according to the time of sending, and by
The Postal Telegraph Company day lettergrams, or {night
lettergrams}.
[Webster 1913 Suppl.]
Dead letter, Drop letter, etc. See under Dead, Drop,
etc.
Letter book, a book in which copies of letters are kept.
Letter box, a box for the reception of letters to be mailed
or delivered.
Letter carrier, a person who carries letters; a postman;
specif., an officer of the post office who carries letters
to the persons to whom they are addressed, and collects
letters to be mailed.
Letter cutter, one who engraves letters or letter punches.
Letter lock, a lock that can not be opened when fastened,
unless certain movable lettered rings or disks forming a
part of it are in such a position (indicated by a
particular combination of the letters) as to permit the
bolt to be withdrawn.
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A strange lock that opens with AMEN. --Beau. & Fl.
Letter paper, paper for writing letters on; especially, a
size of paper intermediate between note paper and
foolscap. See Paper.
Letter punch, a steel punch with a letter engraved on the
end, used in making the matrices for type.
Letters of administration (Law), the instrument by which an
administrator or administratrix is authorized to
administer the goods and estate of a deceased person.
Letter of attorney, Letter of credit, etc. See under
Attorney, Credit, etc.
Letter of license, a paper by which creditors extend a
debtor's time for paying his debts.
Letters close or Letters clause (Eng. Law.), letters or
writs directed to particular persons for particular
purposes, and hence closed or sealed on the outside; --
distinguished from letters patent. --Burrill.
Letters of orders (Eccl.), a document duly signed and
sealed, by which a bishop makes it known that he has
regularly ordained a certain person as priest, deacon,
etc.
Letters patent, Letters overt, or Letters open (Eng.
Law), a writing executed and sealed, by which power and
authority are granted to a person to do some act, or enjoy
some right; as, letters patent under the seal of England.
The common commercial patent is a derivative form of
such a right.
Letter-sheet envelope, a stamped sheet of letter paper
issued by the government, prepared to be folded and sealed
for transmission by mail without an envelope.
Letters testamentary (Law), an instrument granted by the
proper officer to an executor after probate of a will,
authorizing him to act as executor.
Letter writer.
(a) One who writes letters.
(b) A machine for copying letters.
(c) A book giving directions and forms for the writing of
letters.
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Power of attorney
(gcide) | Power \Pow"er\, n. [OE. pouer, poer, OF. poeir, pooir, F.
pouvoir, n. & v., fr. LL. potere, for L. posse, potesse, to
be able, to have power. See Possible, Potent, and cf.
Posse comitatus.]
1. Ability to act, regarded as latent or inherent; the
faculty of doing or performing something; capacity for
action or performance; capability of producing an effect,
whether physical or moral: potency; might; as, a man of
great power; the power of capillary attraction; money
gives power. "One next himself in power, and next in
crime." --Milton.
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2. Ability, regarded as put forth or exerted; strength,
force, or energy in action; as, the power of steam in
moving an engine; the power of truth, or of argument, in
producing conviction; the power of enthusiasm. "The power
of fancy." --Shak.
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3. Capacity of undergoing or suffering; fitness to be acted
upon; susceptibility; -- called also passive power; as,
great power of endurance.
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Power, then, is active and passive; faculty is
active power or capacity; capacity is passive power.
--Sir W.
Hamilton.
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4. The exercise of a faculty; the employment of strength; the
exercise of any kind of control; influence; dominion;
sway; command; government.
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Power is no blessing in itself but when it is
employed to protect the innocent. --Swift.
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5. The agent exercising an ability to act; an individual
invested with authority; an institution, or government,
which exercises control; as, the great powers of Europe;
hence, often, a superhuman agent; a spirit; a divinity.
"The powers of darkness." --Milton.
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And the powers of the heavens shall be shaken.
--Matt. xxiv.
29.
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6. A military or naval force; an army or navy; a great host.
--Spenser.
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Never such a power . . .
Was levied in the body of a land. --Shak.
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7. A large quantity; a great number; as, a power o? good
things. [Colloq.] --Richardson.
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8. (Mech.)
(a) The rate at which mechanical energy is exerted or
mechanical work performed, as by an engine or other
machine, or an animal, working continuously; as, an
engine of twenty horse power.
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Note: The English unit of power used most commonly is the
horse power. See Horse power.
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(b) A mechanical agent; that from which useful mechanical
energy is derived; as, water power; steam power; hand
power, etc.
(c) Applied force; force producing motion or pressure; as,
the power applied at one and of a lever to lift a
weight at the other end.
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Note: This use in mechanics, of power as a synonym for force,
is improper and is becoming obsolete.
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(d) A machine acted upon by an animal, and serving as a
motor to drive other machinery; as, a dog power.
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Note: Power is used adjectively, denoting, driven, or adapted
to be driven, by machinery, and not actuated directly
by the hand or foot; as, a power lathe; a power loom; a
power press.
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9. (Math.) The product arising from the multiplication of a
number into itself; as, a square is the second power, and
a cube is third power, of a number.
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10. (Metaph.) Mental or moral ability to act; one of the
faculties which are possessed by the mind or soul; as,
the power of thinking, reasoning, judging, willing,
fearing, hoping, etc. --I. Watts.
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The guiltiness of my mind, the sudden surprise of
my powers, drove the grossness . . . into a
received belief. --Shak.
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11. (Optics) The degree to which a lens, mirror, or any
optical instrument, magnifies; in the telescope, and
usually in the microscope, the number of times it
multiplies, or augments, the apparent diameter of an
object; sometimes, in microscopes, the number of times it
multiplies the apparent surface.
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12. (Law) An authority enabling a person to dispose of an
interest vested either in himself or in another person;
ownership by appointment. --Wharton.
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13. Hence, vested authority to act in a given case; as, the
business was referred to a committee with power.
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Note: Power may be predicated of inanimate agents, like the
winds and waves, electricity and magnetism,
gravitation, etc., or of animal and intelligent beings;
and when predicated of these beings, it may indicate
physical, mental, or moral ability or capacity.
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Mechanical powers. See under Mechanical.
Power loom, or Power press. See Def. 8
(d), note.
Power of attorney. See under Attorney.
Power of a point (relative to a given curve) (Geom.), the
result of substituting the coordinates of any point in
that expression which being put equal to zero forms the
equation of the curve; as, x^2 + y^2 - 100 is the
power of the point x, y, relative to the circle x^2 +
y^2 - 100 = 0.
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Warrant of attorney
(gcide) | Warrant \War"rant\, n. [OE. warant, OF. warant a warrant, a
defender, protector, F. garant, originally a p. pr. pf German
origin, fr. OHG. wer[=e]n to grant, warrant, G. gew[aum]hren;
akin to OFries. wera. Cf. Guarantee.]
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1. That which warrants or authorizes; a commission giving
authority, or justifying the doing of anything; an act,
instrument, or obligation, by which one person authorizes
another to do something which he has not otherwise a right
to do; an act or instrument investing one with a right or
authority, and thus securing him from loss or damage;
commission; authority. Specifically:
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(a) A writing which authorizes a person to receive money
or other thing.
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(b) (Law) A precept issued by a magistrate authorizing an
officer to make an arrest, a seizure, or a search, or
do other acts incident to the administration of
justice.
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(c) (Mil. & Nav.) An official certificate of appointment
issued to an officer of lower rank than a commissioned
officer. See Warrant officer, below.
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2. That which vouches or insures for anything; guaranty;
security.
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I give thee warrant of thy place. --Shak.
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His worth is warrant for his welcome hither. --Shak.
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3. That which attests or proves; a voucher.
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4. Right; legality; allowance. [Obs.] --Shak.
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Bench warrant. (Law) See in the Vocabulary.
Dock warrant (Com.), a customhouse license or authority.
General warrant. (Law) See under General.
Land warrant. See under Land.
Search warrant. (Law) See under Search, n.
Warrant of attorney (Law), written authority given by one
person to another empowering him to transact business for
him; specifically, written authority given by a client to
his attorney to appear for him in court, and to suffer
judgment to pass against him by confession in favor of
some specified person. --Bouvier.
Warrant officer, a noncommissioned officer, as a sergeant,
corporal, bandmaster, etc., in the army, or a
quartermaster, gunner, boatswain, etc., in the navy.
Warrant to sue and defend.
(a) (O. Eng. Law) A special warrant from the crown,
authorizing a party to appoint an attorney to sue or
defend for him.
(b) A special authority given by a party to his attorney
to commence a suit, or to appear and defend a suit in
his behalf. This warrant is now disused. --Burrill.
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power of attorney
(wn) | power of attorney
n 1: a legal instrument authorizing someone to act as the
grantor's agent |
LETTER OF ATTORNEY
(bouvier) | LETTER OF ATTORNEY, practice. A written instrument under seal, by which one
or more persons, called the constituents, authorize one or more other
persons called the attorneys, to do some lawful act by the latter, for or
instead, and in the place of the former. 1 Moody, Cr. Cas. 52, 70.
2. The authority given in the letter of attorney is either general, as
to transact all the business of the constituent; or special, as to do some
special business, particularly named; as, to collect a debt.
3. It is revocable or irrevocable; the former when no interest is
conveyed to the attorney, or some other person. It is irrevocable when the
constituent conveys a right to the attorney in the matter which is the
subject of it; as, when it is given as part security. 2 Esp. R. 565. Civil
Code of Lo: art. 2954 to 2970.
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POWER OF ATTORNEY
(bouvier) | POWER OF ATTORNEY. Vide Letter of attorney, and 1 Mood. Or. Cas. 57, 58.
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WARRANT OF ATTORNEY
(bouvier) | WARRANT OF ATTORNEY, practice. An instrument in writing, addressed to one or
more attorneys therein named, authorizing them generally to appear in any
court, or in some specified court, on behalf of the person giving it, and to
confess judgment in favor of some particular person therein named, in an
action of debt, and usually containing a stipulation not to bring any writ
of error, or file a bill in equity, so as to delay him.
2. This general authority is usually qualified by reciting a bond which
commonly accompanies it, together with the condition annexed to it, or by a
written defeasance stating the terms upon which it was given, and
restraining the creditor from making immediate use of it. 31. In form it is
generally by deed; but it seems, it need not necessarily be so. 5 Taunt.
264.
4. This instrument is given to the creditor as a security. Possessing
it, he may sign judgment and issue an execution, without its being necessary
to wait the termination. of an action. Vide 14 East, R. 576; 2 T. R. 100; 1
H. Bl. 75; 1 Str 20; 2 Bl. Rep. 1133; 2 Wils. 3; 1 Chit. Rep. 707.
5. A warrant of attorney given to confess a judgment is not revocable,
and, notwithstanding a revocation, judgment may be entered upon it. 2 Ld.
Raym. 766, 850; 1 Salk. 87; 7 Mod. 93; 2 Esp, Rep. 563. The death of the
debtor is, however, generally speaking, a revocation. Co. Litt. 62 b; 1
Vent. 310. Vide Hall's Pr. 14, n.
6. The virtue of a warrant of attorney is spent by the entry of one
judgment, and a second judgment entered on the same warrant is irregular. 1
Penna. R. 245; 6 S. & R. 296: 14 S. & R. 170; Addis. R. 267; 2 Browne's R.
321, 3 Wash. C. C. R. 558. Vide, generally, 18 Eng. Com. Law Rep. 94, 96,
179, 209; 1 Salk. 402; 3 Vin. Ab. 291; 1 Sell. Pr. 374; Com. Dig. Abatement,
E 1, 2; Id. Attorney, B 7, 8; 2 Archbold's Pr. 12; Bing. on Judgments, 38;
Grah. Pr. 618; l Crompt. Pr. 316; 1 Troub. & Haly's Pr. 96.
7. A warrant of attorney differs from a cognovit, actionem. (q.v.) See
Metc. & Perk. Dig. Bond, IV.
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