Page:Halsbury Laws of England v1 1907.pdf/373

 —

— Part

II.

Competency of Parties.

151

executing any deed or doing any other act which she might herself execute or do (/) .

Sect.

i.

Principals.

333. The capacity of a corporation or incorporated company to Corporations, contract or do any other act is limited by its objects, to be ascerSo tained from the terms of the instrument of incorporation (m). far as it can act or contract at all, it can necessarily only do so through an agent

(n).

Sect. 2.

Agents.

334. On the other hand, an agent's competency to act or contract for his principal is not limited to his competency to contract for Thus a married woman (independently of the Married himself (o). Women's Property Acts), or a minor, may be an agent, and act and contract so as to bind the principal, although not personally liable on the contract of agency or on contracts with third parties, in cases where an agent of full contractual capacity would have been personally liable {p). So an infant partner can bind the firm and partnership assets in respect of acts done in furtherance of the

Capacity to agent,

objects of the partnership {q).

335. In the case of certain classes of agents the law requires a qualification before they can act Solicitors

must be duly

(?•)•

qualified,

and an unqualified person

acting as a solicitor is subject to penalties. Solicitors must also principal, who is take out an annual practising certificate. successful in a suit, cannot recover costs from the other party if the

Special qualification in ^^s^^s^i^^^^^^s-

A

solicitor

employed by him

in such a case recover his

may

act as

Faculties

is

uncertificated, nor can the solicitor from his client (s). solicitor

A

costs

a notary public

when appointed by

the Master of

(t).

Auctioneers and valuers must take out an annual licence

{a)

Auctioneers.

.

(/) Conveyancing and Law of Property Act, 1881 (44 & 45 Yict. c. 41), s. 40. The point lias not been decided, but it seems probable that this power does not enable a married woman to appoint an attorney to execute a deed which would require to be acknowledged if executed by her. (m) See cases cited in note {i), p. 149, ante. In Ashhury Railway Carriage and Iron Co. v. Riclie (1875), L. E. 7 H. L. 653, the question is discussed whether its general competency at common law is limited by the terms of its incorporation, or whether its competency is given it by the terms of its instrument of incorporation, and in A.-G. v. London County Council, [1901] 1 Ch. 781, at p. 797, whether a corporation by royal charter has wider powers than one created by Act of Parliament. (w) Ferguson y. Wilson (1866), 2 Ch. App. 77, at p. 89. (o) Kirhy v. Great Western Rail An agent who Co. ^1868), 18 L. T. 658. cannot read may bind by his signature a principal who can read {Foreman v.

Great Western Rail. Co. (1878), 38 L. T. 851). ip)

Smally

v.

Smally (1700),

1

Eq. Ab.

6.

But a married woman

is

not

capable of filling the office of next friend or guardian ad litem {Re Duke of Somerset, Tliynne v. 8t. Maur (1887), 34 Ch. D. 465). {q) Goode v. Harrison (1821), 5 B. & Aid. 147. (r) Solicitors Acts, 1843 (6 & 7 Yict. c. 73), and 1860 (23 & 24 Vict. c. 127). (s) Attorneys and Solicitors Act, 1874 and Stamp (37 & 38 Yict. c. 68), s. 12 Act, 1891 (54 & 55 Yict. c. 39), s. 43 Re Siueeting, [1898] 1 Ch. 268. {t) Public Notaries Act, 1833 (3 & 4 Will. 4, c. 70). See generally title Solicitors. (a) See titles AucTioif and Auctioneers; Yaluers and Appraisers.