40 HOYE v. PENN.

report of the auditor, to be equally entitled to the sum of $511 14,
stated in the report of the auditor, as the proportion of Benny Penn
and Roby; and he, I am informed, is willing to make a deduction
on account of his having before sold part of the land to Fielder
Parker; Roby Penn is not in the State, but has left a person autho-
rized to act for him. On the trustee's obtaining the receipt of the
agent for the amount appearing due to Roby, that also can be passed
to the credit of Mr. Griffith; and he and the agent can then settle
between them. By this course, the trustee's proceedings in this
Court will comport with his trust.

Roby Penn and Betsy Penn, then residents of the State of New
York, gave a power of attorney to Benjamin Willet, authorizing him
to receive their dividends; which power, of attorney was executed
before a magistrate of the county, in New York, where they resided;
and further authenticated by a certificate, under the seal of the county,
that the magistrate was properly commissioned as such at the time.

23d June, 1823.—JOHNSON, Chancellor.—Ordered, that the trustee
be authorized to settle with the attorney Willet.(a)

James Ferree, Abraham Ferree, and Basil Warfield, with the
trustee, filed their petition, in which they stated, that to secure the
payment of the purchase money for the lands in Anne Arundel
county, which had been sold to James Feme, he had given bond,
with .Abraham Ferree and Basil Warfield as his sureties; that James
had sold his interest in the land to Abraham; that the trustee,
having brought suit and obtained judgment on the bond, had sued
out a fieri facias, which, having been levied on the land, so sold
to James, it had been accordingly advertised to be sold; that if sold
by the sheriff for cash, it would not sell for more than one third

(a) So in England, money has been directed to be paid to an attorney in fact, on a
power made in Paris, and duly authenticated, 1 Mad. Rep. 227; and, in some eases there,
it has also been ordered to be paid to the solicitor of the party entitled to it, without
any special order from the party himself; 1 Salk. 157; Doug. 623; 1 Blac S;
1 T. R. T10; Prec, Chan. 209; Joe. Rep. 48. Here, on a person's producing a power,
authenticated under the notarial seal of a notary public of Leghorn, attested by the
consul of the United States, at that port, with a translation, the claim, amounting to
$2373 77, was ordered to be paid to him as attorney in feet of the claimant.—Taylor
v. Casanave, MS. 12th November, 1817. But it is usual to order payment of small
sums on the written draft filed of a resident claimant, or that the money be paid to his
solicitor in the case to any amount, because of all the parties being within reach and
under the control of the Court—Henck v. Todhunter, 7 H. $J. 275; Munnikuyson
v. Dorsett, 2 H. &G. 874; Branch v. Burnley 1 Call. 147.