1778-10-24 (static/transcriptions/1778/10/006.jpg)

1778. 4 Term. [Saturday] Oct. 24.

brought against Ramkissore, the other obligor in the Bond was dead, and one of the Attorneys named in the Power of Attorney appear’d for Ramkissore and confess’d the Bond as alledged, as a several Bond, and on that confession Judgment was enter’d.
Chambers inclined to think, that in the event that had happen’ of the Death of one of those who had given the Power, this was an authority to appear for the survivor in a several action, in conformity to the Law by which if two execute a Joint Bond, and One dies, the action may be brought against the other alone, suggesting on the Record the Death of the Co-Obligor.

Hyde. I doubt, because this is an authority not coupled with an Interest, and therefore must be construed strictly.

A Rule to shew cause was granted on which it may be argued.