Page:Halsbury Laws of England v1 1907.pdf/374

 Agency.

152 Sect.

2.

Agents. Bailiffs.

Agent

to sign contract.

A county court bailiff must be authorised in writing by the judge to act as broker on an execution, and can then act without any other Hcence (h), and a bailiff to levy a distress must also be certificated by a county court judge (c). Apart from these special conditions and qualifications required before persons can act in the capacity of particular classes of agents, no person who is contracting as a principal can act as agent to the other party to the contract for the purpose of signing a note or memorandum

thereof so as to satisfy the provisions of the Statute But the same person may act as agent of both parties for that purpose (e) of

Frauds

(d)

.

.

Part 336.

Special agents.

General agents.

An

agent

III.

— Classes

of Agents.

may

be either a special agent or a general agent* who has authority to act for some special occasion or purpose which is not within the ordinary course of his. business or profession (/). A general agent is one who has authority, arising out of and in the ordinary course of his business or profession, to do some act or acts on behalf of his principal in relation thereto or one who is authorised to act on behalf of the principal generally in transactions The of a particular kind, or incidental to a particular business (g). authority of a general agent may extend to all acts which the principal may do by means of an agent, in which case he is sometimes called a '* universal agent."

A

special agent is one



Mercantile

A

mercantile agent is one having in the customary course such agent authority either to sell goods, or tO' consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods (/^). A factor is a mercantile agent who in the ordinary course of business is intrusted with possession of the goods or of the documents of title thereto (i).

337.

of his business as

Factors.

(b)

County Courts Act, 1888

(51

&

52 Yict.

c.

43),

s.

159.

See

title

County

COTJETS. (c)

title

Law

of Distress

Amendment

Act, 1888 (51

&

52 Yict.

c. 21), s. 7.

See

Distress.

{d) 29 Car. 2, c. 3, s. 4. It is appreliended that the same rule applies to theSale of Goods Act, 1893 (56 & 57 Vict. c. 71), s. 4, see Sharman v. Brandt (1871),. L. E. 6 a. B. 720; Wright v. Dannah (1809), 2 Camp. 203; Farebrother v. Sir^imons (1822), 5 B. & Aid. 333. Bird v. Boulter (e) Hinde v. WhiteJiouse (1806), 7 East, 558 (auctioneer); & M. 313 (auctioneer's clerk) Durrell v. Evans (1862), 1 H. & (1833), 1 Thompson v. Gardiner (1876), 1 C. P. D. 777. 174 (a factor) (/) Brady v. Todd (1861), 9 C. B. (n. s.) 592. A. (V) Smith V. McOuire (1858), 3 H. & N. 554; Brady v. Todd, supra. factor, broker, auctioneer, or house agent who is authorised to do any act in theordinary course of his business is a general agent in relation to that employment. So a steward or manager of a business on an estate is a general agent. {h) The Factors Act, 1889 (52 & 53 Yict. c. 45), s. 1 Inglis v. Robertson, [1898] A. C. 616. Corrie (1818), 2 B. & Aid. 137; Stevens v. Biller (1883), 25 (*) Baring v. Ch. D. 31. For form of appointment, see Encyclopaedia of Forms, Yol. I., p. 290.

K

C