KFLCC Kingdom Law 2nd Ed.

922

POURSUIVANT

POWER

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 38; 1 Reeve, Eng. Law, 156. POURSUIVANT. The king's messenger; a royal or state messenger. In 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. POUEVEYOR, or PURVEYOR. A buyer; one who provided for the royal house hold. POUSTIE. In Scotch law. Power. See LIEGE POUSTIE. A word formed from the Latin "potestas." POVERTY AFFIDAVIT. An affidavit, made 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 reserving such power might himself per form for any purpose. Civ. Code Dak. § 298; How. St. Mich. § 5591. "Power" is sometimes used in the same sense as "right," as when we speak of the powers of user and disposition which the owner of prop erty has over it, but, strictly speaking, a pow er is that which creates a special or exceptional right, or enables a person to do something which he could not otherwise 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 au thority expressly reserved to a grantor, or expressly given to another, to be exercised over lands, etc., granted or conveyed at the time of the creation of such power. Watk. Conv. 157. A proviso, in a conveyance un der the statute of uses, giving to the grantor or grantee, or a stranger, authority to re voke or alter by a subsequent act the estate first granted. 1 Steph. Comm. 505. See also Burleigh v. Clough, 52 N. H. 267, 13 Am. Rep. 23; Griffith v. Maxfield, 66 Ark. 513, 51 S. W. 832; Bouton v. Doty, 69 Conn. 531, 37 Atl. 1064; Dana v. Murray, 122 N. Y. 604, 26 N. E. 21; Carson v. Cochran, 52 Minn. 67, 53 N. W. 1130; Law Guarantee & Trust Co. v. Jones, 103 Tenn. 245, 58 S. W. 219. —General and special powers. A power is general when it authorizes the alienation in

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 whom the dis position of the lands under the power is to be made are designated, or (2) when the power authorizes the alienation, by means of a con veyance, will, or charge, of a particular estate or interest less than a fee. Coster v. Lorillard, 14 Wend. (N. Y.) 324; Thompson v. Garwood, 3 Whart. (Pa.) 305, 31 Am. Dec. 502.—Gen eral and special powers in trust. A gen eral power is in trust when any person or class of persons other than the grantee of such power is designated as entitled to the proceeds or any portion of the proceeds or other benefits to result from the alienation. A special power is in trust (1) when the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power, or (2) when any person or class of persons other than the holder is designated as entitled to any benefit from the disposition or charge authorized by the power. Cutting v. Cutting, 20 Hun (N. Y.) 360; Dana v. Murray, 122 N. Y. 612, 26 N. E. 23; Wil son's Rev. & Ann. St. Okl. 1903, §§ 4107, 4108. —Ministerial powers. A phrase used in English conveyancing to denote powers given for the good, not of the donee himself exclusive ly, or of the donee himself necessarily at all, but for the good of several persons, including or not including the donee also. They are so called because the donee of them is as a min ister or servant in his exercise of them. Brown.—Naked power. One which is simply collateral and without interest in the donee, which arises when, to a mere stranger, author ity is given of disposing of an interest, in which he had not before, nor has by the instrument creating the power, any estate whatsoever. Bergen v. Bennett, 1 Caines Cas. (N. Y.) 15, 2 Am. Dec. 281; Atwater v. Perkins, 51 Conn. 198; Clark v. Horn thai, 47-Miss. 534; Hunt v. Ennis, 12 Fed. Cas. 915.—Powers append ant and in gross. A power appendant is where a person has an estate in land, and the estate to be created by the power is to, or may, take effect in possession during the 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, but the estate to be created under or by virtue of the power is not to take effect until after the de termination of the estate to which if relates. Wilson v. Troup, 2 Cow. (N. Y.) 236, 14 Am. Dec. 458; Garland v. Smith, 164 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 take action in respect to a particular subject-mat ter or class of matters, involving more or less of discretion, granted by the constitu tions 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 are such as 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 con stitutional or legislative grant. Madison v,. Daley (C. C.) 58 Fed. 755; People v. Pullman's Palace Car Co., 175 111. 125, 51 N. E. 664, 64 I* R, A. 366; First M. E. Church v. Dixon, 178 111. 260, 52 N. E. 887.