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may be determined by consent of the parties in case the apprentice is under age, and the dissolution is for his advantage. 2. By the election of an apprentice at his full age, where the dissolution is clearly for his benefit. 3. By the master's bankruptcy. 4. By the death of the master or apprentice. 5. By the interposition of justices, upon certain grounds, on the complaint of the master or of the apprentice. (Sm. Merc. Law, 458, 461; Ad. Con. 394-5.) 1105.





By the consent of all parties, a transfer Transfer of may be made of the services of the apprentice to another master. (Sm. Merc. Law, 462.) (a). 1106.

master or

If either the master or the apprentice Death of dies at any time during the term of the apprentice. apprenticeship, it has been held that no action for a return of the premium or any part of it will lie. (Whincup v. Hughes, L. R. 6 C. P. 78. In this case the master died at the end of the first of the six years.) 1107.

(a) As to the custom of apprenticeship in the City of London, see an interesting article in the Law Magazine for August, 1862.






PART III. AN agent is a person empowered to act in name of another, who is called his principal. 1108.

Agent defined.

Who may be agent.

Mode of appointment.

What may be deputed.

An infant may be an agent. And a feme covert may be agent, either for her own husband or another or another person. (Sm. Merc. Law, 117; Broom Com. 517; 2 Ste. Com. 64; Ad. Con. 609, 766; Chit. Con. 194–5.) 1109.

An agent may in general be appointed even verbally, or tacitly by conduct. But an agent for the purposes of the 1st, 2nd, and 3rd sections of the Statute of Frauds, must be appointed in writing. And an agent who is to execute a deed, must be appointed by deed. (Sm. Merc. Law, 118; Broom Com. 534; 2 Ste. Com. 64; Chit. Con. 193-4) 1110.

That which a person may do himself as


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principal, he may (except in one or
cases) appoint an agent to do for him.
an agent cannot delegate the duties of his
agency, unless specially authorized or justi-
fied by the usage of trade, except those which
are of such a nature that he cannot be ex-
pected to perform them personally. (Sm.
Merc. Law, 116; Broom Com. 516; 2 Ste.
Com. 67; Chit. Con. 201.) 1111.


received by

A sub-agent employed to receive money is Money accountable only to the agent; and the agent sub-agent. is accountable to the principal for the money received by the sub-agent. (Ad. Con. 593–4.) 1112.

sorts of

Agencies, as regards their extent, are of Different three kinds: 1. Special, which are autho- authorities. rities to do a particular act, or carry out a particular matter. 2. General, which are authorities to do everything that is requisite in relation to a particular business or employment. 3. Universal, which are authorities to do all acts that the principal may depute another to do. So that a man may have both a special and a general agent, or one general agent in regard to one business, and another general agent in regard to another business. (Broom Com. 517, 518; 2 Ste. Com. 65; Sm. Merc. Law, 120, 134-5; Chit. Con. 197.) 1113.




Extent of

agent's authority.

Again, an agent may be limited by certain instructions as to his conduct, or unlimited, leaving his conduct to his own discretion. If limited by instructions, he ought to carry them into effect as fully and exactly as possible, consistently with propriety. If unlimited, he ought to pursue the accustomed course of business, or, if prevented, to give notice to his principal. (Sm. Merc. Law, 120; Selw. 807.) 1114.

An agent has authority to bind his principal, not only where he is expressly authorized, but in other cases where such authority is to be inferred from the conduct of the employer. As between the principal and third persons, the agent's authority, where not expressly defined, must be measured by the extent of his usual employment. If a person sends his servant with ready money to buy, and he buys upon credit, the master is not chargeable, unless the servant has by the master's order previously bought of the same person upon credit, and the credit has not been distinctly withdrawn by notice to the tradesman or his foreman or manager. (Sm. Merc. Law, 131-2; Ad. Con. 608, 610612; Rosc. 377; Chit. Con. 196, 198-9; Sm. Mast. & Serv. 3rd ed. 243.) If a master has allowed his servant to buy on credit, he

must pay for goods wrongfully bought of the same person by the servant. (Chit. Con. 198.) If a clerk has been allowed to draw, indorse, or accept notes or bills, he will acquire an implied authority to bind the master, though the money never come to the master's use. The same principle is applied to all other mercantile transactions, and even though the servant has been dismissed from his employer's service, provided the third parties had no reason to be aware of such dismissal. 1115.

The authority of the agent must be inferred from facts connected with the employment, not from considerations of the utility or propriety of such an authority. (Sm. Merc. Law, 132-4; Ad. Con. 608, 610, 611.) 1116.

A general agent is only authorized to act in the usual way of business. (2 Selw. 807.) 1117.

Under ordinary circumstances, agents are authorized to do all that is necessary or usual for effectuating the main intention of the principal in the best manner. (Sm. Merc. Law, 137; Broom Com. 521; Chit. Con. 95, 200; Ad. Con. 608, 619.) 1118.

Although a shopman be authorized by his employer to receive payment for goods in the shop, that would not necessarily involve an




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