PRINCIPAL'S RIGHTS AGAINST THIRD PERSONS 58. As parties dealing with brokers, as such, are charged with knowledge that they have no power to bind their principals by contracts made in their own name, it follows that a third party who buys goods from a broker in his own name and pays him the money, will, nevertheless, be liable a second time for the amount of the purchase to the principal, and in an action for the same by the latter, cannot set off any defense which he may have against the broker. The only exception to this rule is where it clearly appeared that authority had been conferred upon the broker to receive the payment.' 123 The reason for the rule is that, as brokers (unlike factors) are not entrusted with the possession of their principal's goods, they are not held out to the world as the apparent and ostensible owners thereof, but are understood, as brokers, to represent principals, and therefore the maxim caveat emptor (let the purchaser take care) applies. Accordingly, if a broker feloniously seize the property of his principal, and dispose of it even to an innocent purchaser for value without knowledge of the theft, no title will pass to the purchaser, but the principal may recover his property into whomsoever's hands it may come.' On the other hand, if the principal voluntarily entrust his broker with the property, and the latter dispose of it, then agreeably to the proposition just stated, an innocent purchaser for value without notice will be protected, and the principal will not be permitted to recover his property."" 124 PRINCIPAL'S LIABILITY TO THIRD PERSONS 126 59. The principal is liable to third persons for the negligence of his broker done within the scope of his authority." He is also similarly liable for false and fraudulent representations by his broker made within the scope of his agency, 123 Story Ag.. Secs. 28, 109. 124 Whart. Ag., Secs. 714, 722; 20 Hun (N. Y.) 246 (1880). 125 48 N. Y. 593 (1872). even though such representations were made contrary to the principal's express instructions, provided such instructions were not known to the third party.' 127 In general, the principal is liable to third persons for all contracts made on his behalf by his broker, where the fact of the latter's agency was sufficiently disclosed, and the acts done were within the scope of his authority." 128 ATTORNEYS DEFINITIONS 60. An attorney-at-law is an officer of a court of record legally qualified to prosecute and defend actions in courts of law on the retainer of clients. Other transactions, to perform which an attorney-at-law is often employed, may be performed by educated and skilled persons, who are nevertheless not attorneys-at-law.' An attorney in fact is a private or special attorney, appointed for some particular or definite purpose not connected with a proceeding at law. The formal authority by which he is appointed is called a letter or power of attorney, in which is expressed the particular act or acts for which he is appointed.' In the United States, the term attorney-at-law serves to designate the entire class of persons who present and defend actions in courts of law. In England, there are advocates or counsel who are designated according to the stage of the proceedings which is entrusted to them. The most important are barristers, lawyers, proctors, serjeants, special pleaders, equity draftsmen, and solicitors." A barrister is an advocate or counselor admitted to plead at the bar. His function is to argue cases and to give advice touching legal matters, but he may not act as an attorney. 1271 Ill. App. 177 (1878); 1 Metc. (Mass.) 193 (1810). 128 See subtitle Principal and Agent supra. 1 Weeks Att.-at-Law, Sec. 28. 2 lbid. 3 Ibid., Sec. 29. A lawyer is one skilled in the law; one whose profession is to give advice and assistance in legal matters and to prosecute and defend in courts the causes of those who may employ him for that purpose. Proctors are lawyers who practice only in the admiralty and ecclesiastical courts. Strictly speaking, a proctor conducts the proceeding out of court, as an English solicitor does in common-law courts; but, in the United States, the distinction is not observed. In England, under the judicature act, proctors may practice in all divisions of the supreme court of judicature. The office of serjeant-at-law was a distinction formerly conferred by the king's special commission, which carried with it certain privileges. The serjeants were at one time the only advocates admitted to practice before the court of common pleas, but all barristers now enjoy that privilege.* The serjeant represented a class of advocates a trifle higher in dignity than a barrister. Upon the judicature act coming into operation the institution and office of serjeant-at-law virtually came to an end. A special pleader is one of a class of the English bar, whose business consists in giving opinions, and especially in drawing special and difficult pleadings and other documents. In the days of technical common-law procedure, when the statement of the cause of action was presented in different courts varying as to details so as to cover every anticipated variation of circumstances, the function of the special pleader was important to the English practitioner, whether in preparing documents or in detecting defects in those of the adversary." Equity draftsmen are persons who draw up the pleadings in equity proceedings. A solicitor is a person to whom is entrusted the care and management of matters and suits in the courts of equity. 49 & 10 Vict., c. 54. 5 Cent. Dict. ADMISSION TO THE BAR 61. In England. - Two examinations are required of those desirous of being called to the bar, viz.: a preliminary examination and a final examination. It is customary to demand of a person a certain amount of intelligence or education before permitting him to enter upon his legal studies. This examination is not indispensable; persons otherwise qualified who have passed a public examination. at any of the universities within the British dominions may be admitted as students at any inn of court for the purpose of being called to the bar or of practicing under the bar, without passing any preliminary examination. Otherwise, a student must pass an examination in the English language, the Latin language, and English history. Persons in certain employments are inhibited from becoming students until they cease from such employments; among these are attorneys, solicitors, clerks of barristers, and clerks in chancery. No person can be called to the bar before he has attained the age of twenty-one years. He must also have kept twelve terms at the inns of court. A student is considered as keeping terms who dines in the halls of his society at the inns of court a fixed number of times weekly. But to be considered present, he must be present at the grace before dinner, during the dinner itself, and at the grace after dinner." Instruction is afforded in the various studies prescribed, by readers. Besides the general courses usually taught in law schools or to law students, those who come from India must take a course in Indian and Mohammedan law, and the laws in force in British India. There are three terms, viz., first term, from the first of November to the twenty-second of December; second term, from the eleventh of January to the thirtieth of March; third term, from the fifteenth of April to the thirty-first of July. The inns of courts are known as the place where English law students reside and pursue their studies. 6 Weeks Att.-at-Law, Sec. 18. 62. In the United States. - Each court has rules of its own concerning admission to its bar, and the requirements of candidates therefor. A license to practice is given to persons after a certain period of study prescribed by the courts and after having passed the prescribed examinations. Admission to each separate court is generally required, the power of the court extending only to granting permission or license to practice at its particular bar. No distinction exists, in the United States, between the various classes of legal practitioners. They are called indifferently, lawyers, attorneys-at-law, or attorneys, and counselors-at-law. The term attorney-at-law is the one generally employed. His duties in the conduct of a lawsuit are not confined to the mere arguing of the case before the court, jury, or court and jury. When the facts are communicated to him, his is the duty of deciding what form of action shall be brought. Where the facts are such that an action can be brought both in replevin and trespass, for example, it is he who decides that it shall be one or the other. In addition, he prepares the pleadings, rehearses the testimony with the witnesses, and attends to many other details connected with the proceedings. Besides, as the lawyer or attorney-at-law is the ultimate recourse of the conveyancer when the validity of his transfers of real estate is questioned, he is, of necessity, a conveyancer. To such duties are generally added those of framing agreements, obtaining charters for corporations, and the like. Some attorneys, it is true, confine their practice to that of counselors in their offices, giving advice but not appearing in the courts. Others do court work exclusively. This gives rise, in the United States, to a distinction between office lawyers and court lawyers. An attorney is an officer of the court and is amenable to it for violation of its rules. Women are, at the present day, generally entitled to be admitted to the bar upon compliance with the conditions prescribed. Non-residents of the state or aliens cannot obtain a license to practice. It is never absolutely necessary for a person to employ |