authority

In one sense, every corporation has 'power' to do wrong, also 'capacity' to suffer the consequences of wrongdoing. But no corporation has authority to violate an inhibition or go beyond the limits of its charter. Authorization to do a forbidden thing cannot be inferred from capacity to accept the prescribed consequences.

Power. In Contracts. The power lawfully delegated to a person by another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or which forms part of a security. Express authority is that given explicitly, either in writing or verbally. General authority is that which authorizes the agent to do everything connected with a particular business. Story, Ag. § 17. It empowers him to bind his employer by all acts within the scope of his employment, and it cannot be limited by any private order or direction not known to the party dealing with him. Paley, Ag. 199-201. Limited authority is that where the agent is bound by precise instructions. Special authority is that which is confined to an individual transaction. Story, Ag. § 19; 15 East, 400, 408; 6 Cow. (N. Y.) 354. Such an authority does not bind the employer, unless it is strictly pursued, for it is the business of the party dealing with the agent to examine his authority, and therefore, if there be any qualification or express restriction annexed to it, it must be observed; otherwise, the principal is discharged. Paley, Ag. 202. Naked authority is that where the principal delegates the power to the agent wholly for the benefit of the former. A naked authority may be revoked; an authority coupled with an interest is irrevocable. Unlimited authority is that where the agent is left to pursue his own discretion. In Governmental Law. The right and power which an officer has, in the exercise of a public function, to compel obedience to his lawful commands. A judge, for example, has authority to enforce obedience to his lawful orders.

The lawful delegation of power by one person to another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or which forms part of a security. Express authority is that given explicitly, either in writing or verbally. General authority is that which authorizes the agent to do everything connected with a particular business. Story, Ag. § 17. It empowers him to bind his principal by all acts "within the scope of his employment; and it cannot be limited by any private direction not known to the party dealing with him. Paley, Ag. 199. Limited authority is that where the agent to an individual transaction. Story, Ag. § 19; 15 East 400, 408; Andrews v. Kneeland, 0 Cow. (N. Y.) 354. Such an authority does not bind the employer, unless it Is strictly pursued; for it Is the business of the party dealing with the agent to examine his authority; and therefore, if there be any qualification or express restriction annexed to it, it must be observed; otherwise, the principal Is discharged; Paley, Ag. 202. Naked authority is that where the principal delegates the power to the agent wholly for the benefit of the former. A naked authority may be revoked; an authority coupled with an interest is irrevocable. Unlimited authority is that where the agent is left to pursue his own discretion. See Principal and Agent.

In contracts. The lawful delegation of power by one person to another. In the English law relating to public administration, an authority is a body having jurisdiction in certain matters of a public nature.

In governmental law. Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued iu the scope of their public duties. Authority to execute a deed mnst be given hy deed. Com. Dig. "Attorney," C, 5; 4 Term, 313; 7 Term, 207; 1 Holt, 141; Blood v. Goodrich, 9 Wend. (N. Y.) 68, 75, 24 Am. Dec. 121; Banorgee v. Hovey, 5 Mass. 11, 4 Am. Dec. 17; Cooper v. Rankin, 5 Bin. (Pa.) 613.

A provision of law, organic or statutory; a decision of court, or an opinion of a law-writer relied on as establishing or declaring the rule to be applied in a particular case; delegated power, as that of an agent or attorney. Executive authority: power vested in the president or in a governor of a state. Express authority: power conferred in express terms. General authority: power extending to all acts of a particular nature. Implied authority: power inferred from circumstances. Judicial authority: power conferred upon a court or judge. Legislatire authority: power conferred upon a legislative body. Limited authority: power restricted by instructions. Naked autliority: power to be exercised solely for the benefit of the donor or principal; power not coupled with an interest in the agent Special authority: power confined to a special transaction.

In contracts. The lawful delegation of power by one person to another. In the English law relating to public administration, an authority is a body having jurisdiction in certain matters of a public nature.

In governmental law. Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties. Authority to execute a deed must be given by deed. Com. Dig. "Attorney," C, 5; 4 Term, 318; 7 Term, 207; 1 Holt, 141; 9 Wend. 68, 75; 5 Mass. 11; 5 Bin. 618.

1. Power — delegated to an agent or exercised by virtue of an office, trust, or privilege. Executive authority. Power vested in the President of the United States, or in the governor of a State; also, either of those officials himself considered in his political capacity, as opposed to the judicial and legislative branches of government. ^ Judicial authority. Official power in a court or judge. Legislative authority. Power conferred upon a legislative body. Express authority. Power stated in terms more or less explicit. Implied authority. Such authority as is or is to be inferred from circumstances. General authority. Power extending to all acts of a certain nature. Special authority. Authority confined to a single act or transaction. Iiimited authority. Power restricted by instructions more or less precise. Unlimited authority. Authority not defined by words or instructions. Kaked authority. Power exercised by an agent solely for the benefit of the principal. Authority coupled with an interest. Power given for value to the agent, or as part of a security. See further Agent; Delegatus; Interest, 2; Coupled, etc.; Partner; also. Apparent; Corporate; Lawful; Power, 1; Ratification. 3. The binding. force of a constitution, treaty, statute, or ordinance. Constituted authorities. Officers of government appointed under a constitution. Constituting authorities. The persons who appoint the former as their servants or agents. 3. Whatever Is relied upon as declaring the law: (1) a constitution, treaty, statute, adjudication; (2) a text-book or treatise explanatory of organic, statute, or case law. Compare Opinion, 3; Precedent.