parol to treat for or buy an estate, 1 Sugd. V. and P. 186, 10th ed.; and by the seventeenth section he may be authorized in the same manner for the sale of goods. But in every case, as well of special as general agencies, it is highly expedient that the limits and extent of the agent's authority should be defined by some writing, Mortlock v. Buller, 10 Principal and Ves. 310; Daniel v. Adams, Ambl. 495. Formerly, every delega- When by deed tion of authority must be by deed, Co. Litt. 48, b; 1 Salk. 96; but or otherwise. since the statute, agreements in writing, though not sealed, are said to have had some better countenance, Wheeler v. Newton, Prec. Cha. 16; but a power to make or to take livery of scisin, or to do any matter which concerns the freehold, must be by deed, Co. Litt. 48, b; Streiglitz v. Egginton, 1 Holt, 141. So an authority to execute a deed, Harrison v. Jackson, 7 T. R. 209. As to the auctioneer being the agent of both parties, see Dig. p. ii. tit. AUCTION; also post, AUCTIONS. 2. Generally speaking, an agent or attorney, who has authority to do an act, must do it in the name of his principal: thus the execution and delivery of a deed must be in the name of the principal; if it be the execution of the agent only, it is void as to the principal, Moor, 70; but the form of words used in the execution is not material, Wilks v. Bucks, 2 E. 144; (see further, APPOINTMENT, POWER OF ATTORNEY.) In mercantile transactions there is this difference between a broker and a factor, that the latter is authorized to sell in his own name, but the former is not. 3. The principal is bound by the acts of the agent in every thing which falls within the scope of his authority, Webster v. Seekamp, 4 B. & A. 352. Care ought therefore to be taken, in the penning such instruments, that they should not give an authority beyond what was in the contemplation of the principal. Thus, when a broker, who is not authorized to sell in his own name, sells without disclosing the name of his principal, he acts beyond the scope of his authority, and his principal is not bound by the contract, Baring v. Corrie, 2 B. & A. 137. Agent must act in name of principal. Principal bound by the acts of his agent. 4. A factor who is the agent in a foreign country of a merchant Agent not to residing at home, or e contra, is mostly authorized by a letter of at- exceed his au thority. torney, and must pursue his commission strictly, Mal. Lex Mercat. 81. losses. 5. Where power is given to the factor in express words, as is Agent not an usually done, to dispose of the goods as if they were his own, the acts swerable for of the factor will be excused, although they occasion loss to the prin cipal, Beawes' Lex Mer. 47. If the goods which come to his hands receive damage, but not through his negligence, the principal shall Principal and bear the loss, 4 Co. 84. So likewise, if the factor be robbed, he shall Agent. be discharged in account brought against him by his principal, ib. 6. A bare commission to sell is not sufficient power for the factor to give credit, Brown v. Staton, 2 Chit. Rep. 353; and by the general power of doing as if it were his own, he may not give credit for an unreasonable time, 2 Cha. Ca. 57. Credit when to be given by agent. Agent cannot bind principal for his own debt. Duration of contract, Compound interest allowed to agent. Agents not partners. 7. A factor cannot bind in effect the property or the goods of his principal, by pledging them as a security for his own debt, though there is a formality of a bill of parcels and a receipt, Stra. 1178. And now by the 6 G. 4, c. 94, s. 3, it is provided that persons taking such goods in pledge or deposit acquire no other right than was possessed by the person pledging the same, and (by s. 7) that agents fraudulently pledging the goods of their principals are deemed guilty of a misdemeanor, punishable by fourteen years' transportation, see further Dig. p. iii. tit. PRINCIPAL AND AGENT. 8. An agreement with an agent to manage a concern during his life, for a stipulated salary, gives him a right to the advantages of it, although he be afterwards discharged, Ball v. Coggs, 1 B. P. C. 140; but an agent is not to employ himself in the affairs of another during the subsistence of the appointment, Thompson v. Havelock, 1 Campb. 527. 9. Where an agent advances money for a principal, interest may, contrary to the general rule of law, be computed upon interest, Bruce v. Hunter, 3 Campb. 467. 10. Although, generally speaking, a perception of the profits will constitute a partnership, yet a remuneration made to a traveller, clerk, or agent, out of the sums received by or for his master or principal, does not subject him to the liabilities of a partner, Benjamin v. Porteus, 2 H. Bla. 590; Dry v. Boswell, 1 Campb. 320; Cheap v. Cramond, 4 B. & A. 663. No. LXXI. Brewer and Managing Clerk. Clerk agrees to serve for a term. No. LXXI. Agreement between a Brewer and a Managing Clerk. Obs. Where such agreement must be in writing, see supra, sect. 1. As to stamp, see ante AGREEMENT, 10. Articles &c. (see ante, No. XL.) Betn (principal) of &c. of the one pt and (clerk) of &c. of the or. pt Witness That for the consons hnaftr contd on the pt of the sd (P.) he the sd (C.) for himself his exs &c. doth hby covt promise and agree with and No. LXXI. Brewer and Ma naging Clerk. To execute the orders of the principal; crets; to the sd (P.) that he the sd (C.) shall and will henceforth for and during the term of yrs (a) to be computed from the day of the date of these prsts if both of them the sd (P.) and (C.) shall so long live become be and continue the clerk of him the sd (P.) in his trade or business of a common brewer and shall and will during the term afd give up his whole time and attention to the same in managing conducting superintending and improving the same to the utmost of his power and ability. And also shall and will during the sd term do and perform all such acts matters or things in about or relating to the sd trade or business as he the sd (P.) shall from time to time direct order or appt And shall not nor will at any time hraftr without the to keep his seconsent in writing of him the sd (P.) his &c. divulge or make known any trusts secrets or dealings of or relating to the sd trade or business of him the sd (P.) And also that he the sd (C.) shall and will during the sd term be just and faithful to the be just and faithful; sd (P.) in all his business dealings and transactions whatsr And shall and will provide and keep so many bks of acct as keep books of shall be necessary wherein he shall fairly write and enter all mos reed and pd and all goods in the sd trade which shall be bought or received sold or delivered out upon credit or orwise and the price and prices at which the same shall be bought or sold and all or. matters and accts which shall be necessy to manifest the state of the sd trade which sd bk or bks of acct shall always remain and be kept in the usual office or place of carrying on the sd trade And these prests furr witness That in conson of Principal agrees the covts hinbefe contd on the pt of the sd (C.) he the sd (P.) doth hby covt and agree that he the sd (P.) shall and will yrly and evy yr during the sd term of yrs determinable as afd well and truly pay unto the sd (C.) by half-yrly paymts on the the clear yrly day of and the sum of £ of &c. witht any deduction whatsr the first half yrly paymt thof to be made on the day of day of ac.ount. to pay salary. And shall and an allow ance in propor and will always yrly and evy yr during the sd term pay (b) to tion to the gains so much lful of the trade. the sd (C.) over and above the yrly sum of £ (a) As to the duration of the contract, see ante, sect. 7. (b) As to the perception of profits by way of remuneration, see ante, sect. 11. No. LXXI. Brewer und Managing Clerk. Principal to be at liberty to dismiss clerk. or profits of or arising from the sd trade or business so to be carried on by the sd (C.) as managing clk after deducting the sd sum of £ and all or. debts and dues which shall be pd or payable in respect of the sd trade and also all losses and dams which shall happen to the sd trade by reason of bad debts or orwise And also in case of the death of either of them the sd (P.) and (C.) during the sd term shall and will pay unto the sd (C.) his exs or ads a proportional part of the sd yrly payments so covtd to be made to him as afd from the last of such respive days of payment next preceding his dece up to the day of his dece And finally it is hby decld and agrd by and betn the prties hereto That it shall be lful for the sd (P.) at any time to determine these prests upon giving unto the sd (C.) three mths' notice thof in writing and on the expiration of the sd three mths and the paymt of what shall be due unto the sd (C.) evy article clause and covt hinbefe mentd shall cease and be void any thing hin contd to the contrary in anywise notwithstg. In witness &c. No. LXXII. Merchant and Factor agrees to take charge of goods on sale. No. LXXII. Agreement between a Merchant, or Manufacturer, yrs Articles &c. Btu &c. (see ante, No. XLVI.) Witness That for the consons &c. the sd (Factor) for himself &c. doth covt &c. that he the sd (F.) shall and will during the term of from the date of these prests accept and take into his charge and trust all such goods wares and merchandizes as he the sd (P.) shall send and consign to him the sd (F.) and also shall and will use his best endeavours to sell and dispose of the same Factor to render to the best prft and advantage And also that he the sd (F.) shall and will keep a true acct of all such goods as the sd (P.) shall from time to time consign to him or that may come into his hands and of all sales barters and or. transactions concerning the same and (a) shall evy mths make true paymt and accounts at stated times; Factor to make remittances. (a) If the factor be abroad, say "And shall immly remit home to the sd (P.) all mos bills and or. secties recd on acct of such sales." No. LXXII. to deliver up delivy unto the sd (P.) his &c. of all such mos secties and or. things as shall be recd by the sd (F.) for the sd wares and merchandizes And at the expiration or sooner determination of the sd term shall and will deliver up unto the sd (P.) all such unsold goods; goods wares and merchandizes as shall remain unsold in the custody of the sd (F.) And also that the sd (F.) shall not nor not to give credit; will give credit to any psns or psn for a greater length of time than any wares or mths witht the consent in writg of the sd (P.) And not to carry on any other trade. also that he the sd (F.) shall not during the sd term deal or trade as a factor for any or. person for the buying and selling of any goods wares or merchandizes whatsr (or " goods of a like kind," as the case may be) And the sd (P.) in Principal agrees conson of the sd agency doth hby covt promise and agree with the sd (F.) that he the sd (P.) shall and will (a) pay unto the sd (F.) yrly and evy yr the sum of £ so long as he shall continue the factor of the sd (P.) under the present agrt In witness &c. (see ante, No. XLVI). to give factor a yearly salary. No. LXXIII. Agreement to form an Association for the Prosecution of Offenders. No. LXXIII. Articles &c. (see ante, No. XLVI.) Betn A. B., C. D. and E. F. of the one pt and the other psns whose names are hereunto subscribed of the or. pt &c. Whas robberies and felonies have of late become very daring and frequent within the township of in the county of and the neighbourhood thof and it is deemed absolutely necessary to enter into an association for the prosecuting of offenders Now we whose Parties mutually agree to names are hto subscribed do hby each for himself and herself assist in bringpromise and agree with and to the others of them That we will ing offenders to justice; use our utmost and best endeavours to apprehend all and evy psn and psns whomsr who shall be guilty of or commit any (a) Or, if it be so agreed, say, "shall and will allow the sd (F.) his exs or ads the sum of £ for every 100 pounds' worth of goods sold and so in proportion for any less sum than 1001. by way of commission And also the annual sum of by way of salary for his trouble." £ |