GOVERNMENT AND LAW. 



53 



ment, or for charitable purposes, or to or from 

 fairs and expositions, and it allows of the 

 issuing of mileage, excursion, or commutation 

 tickets, and admits of the giving of reduced 

 rates to ministers of religion and free trans- 

 portation to the officers and employees of the 

 carrier, and to the principal officers of other 



BUSINESS LAW AND FORMS. 



Agency. "Whatever business a man 

 may do, he may employ another man to do for 

 him." An agency may exist by Implication, 

 Verbally, or by Writings. 



By implication when the acts and words lead 

 people in general to believe that the agency 

 exists. 



Verbally, whenever there is only the verbal 

 agreement between the parties. A verbal 

 agency permits the agent to make a contract 

 even in cases where the contract must be in 

 writing. 



By writings, as notes, memoranda or formal 

 instruments under seal. 



The authority conveyed must be equal to the 

 deed to be performed. The instrument of 

 agency must be under seal when the convey- 

 ance requires a seal. When the business to be 

 transacted does not require a seal, the instru- 

 ment of agency need not be under seal. 



Kinds. General agents ; special agents ; 

 professional agents. 



A general agent is empowered to transact all 

 the business of a particular kind. He may 

 bind his principal, generally, with innocent 

 parties so long as he keeps within the apparent 

 scope of his authority, even if he exceeds pri- 

 vate instructions. 



A special agent is one invested with limited 

 powers for the performance of some especial 

 business. He cannot bind his principal when- 

 ever he exceeds his authority. Who deals 

 with a special agent, deals at his peril, when 

 the agent passes the limit of his power. 



Professional agents, as attorneys, brokers, 

 captains, auctioneers, factors, etc., are usually 

 licensed by competent authority to transact a 

 particular kind of business. 



They are invested with ample power and 

 the law holds them responsible for the proper 

 performance of their duties. 



Liabilities of Principal. Private instructions 

 to a general agent do not avoid the principal's 

 liability to innocent parties. A principal is 

 responsible for fraud on the part of the agent, 

 if permitted while transacting his business. 

 A principal is not bound by the acts of a 

 special agent who exceeds his authority. A 

 principal is not generally liable for the willful 

 wrong done by his agent. 



Forms of Powers of Attorney. 



Know all men by these presents : That I, A . B. , 



of , have made, constituted, and 



appointed, and by these presents do make, 



constitute, and appoint B. C., of 



my true and lawful attorney, for me and in 

 my name and stead (state purpose for which 

 issued), giving and granting to my said attor- 

 ney, by these presents, full power and authority 

 to do and perform all and every act and thing 

 necessary to be done in and about the premises, 

 as fully to all intents and purposes as I might or 

 could do if personally present, hereby ratifying 

 and confirming all that my said attorney shall 

 lawfully do or cause to be done by virtue 

 hereof. 



In witness whereof, I have hereunto set my 



hand and seal, this day of , 



A. D. 189 . . 



A. B. [L. 8.] 



Sealed and delivered in the presence of B. C. 



Married women, lunatics, and minors, in 

 general, are disqualified from appointing 

 agents, but a married woman in the State of 

 New York, if over twenty-one years, may ap- 

 point an agent the same as though unmarried. 

 A minor may authorize an agent to perform an 

 act that is to his advantage, but not that is to 

 his prejudice. 



Deeds. The grantor is the person who 

 makes the conveyance and the grantee is the 

 person who receives the conveyance. 



A deed, being a contract, has the same essen- 

 tials. In most States married women may 

 convey real estate which they own in their own 

 right. A partner cannot convey real estate 

 belonging to the firm unless empowered by 

 special authority from the partners to do so. 



Consideration. A sufficient consideration is 

 necessary to a valid deed. (See consideration 

 under contracts.) 



Subject-matter. The description of the land 

 and its boundaries should be extremely accu- 

 rate. The usual words ,of the transfer are 



give, grant, sell, and convey," though any 

 others conveying the same idea could be used. 

 Land sold without reserving any crops at that 

 time growing on it, conveys the crops or every- 

 thing attached to the land. When a building 

 is sold it coi.veys everything that belongs to it. 

 The words ' ' heirs and assigns ' ' are necessary 

 in some States to convey an unconditional 

 title. 



Forms of Deeds. Deed with full cove- 

 nants. (New York Laws of 1890.) 



This indenture, made the . . day of . . . . , 

 in the year . . . . , between A. B., of .... 

 (give occupation and residence), of the first 

 part, and C. D., of .... (occupation and 

 residence), of the second part. 



