Notarised power of attorney carries rebuttable presumption, and broad authority can include power to compromise proceedings.

A power of attorney executed before and authenticated by a notary public attracts a rebuttable statutory presumption of due execution and authentication; in the absence of rebuttal evidence, it is treated as duly proved. Broad wording authorising the attorney to act generally for the principal can extend to compromising proceedings, unless that authority is expressly excluded. On the instrument's terms, the attorney was taken to have power to compromise the appeal, and the compromise was accepted.

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Issues: (i) Whether a power of attorney executed before and authenticated by a notary public was admissible and entitled to the statutory presumption. (ii) Whether the attorney had authority under the instrument to compromise the appeal.

Issue (i): Whether a power of attorney executed before and authenticated by a notary public was admissible and entitled to the statutory presumption.

Analysis: A document purporting to be a power of attorney and shown to have been executed before and authenticated by a notary public attracts the statutory presumption of due execution and authentication. The presumption is rebuttable, but until rebutted the document may be treated as duly executed by the person who appears to have signed it. No rebutting evidence was produced despite opportunity.

Conclusion: The power of attorney was admissible in evidence and stood proved by the statutory presumption.

Issue (ii): Whether the attorney had authority under the instrument to compromise the appeal.

Analysis: The terms of the instrument were very wide and authorised the attorney to represent the principal generally in all matters as effectually as the principal himself, subject only to the exception against sale, mortgage, or transfer of property. Those wide words were sufficient to include authority to compromise the appeal.

Conclusion: The attorney had authority to compromise the appeal.

Final Conclusion: The compromise was accepted and the appeal was disposed of in accordance with it, with costs directed to be borne by the parties.

Ratio Decidendi: A power of attorney executed before and authenticated by a notary public carries a rebuttable statutory presumption of due execution, and broadly worded authority to represent the principal in all matters includes authority to compromise proceedings unless expressly excluded.

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