Henry Campbell Black - 1910 - Blacks Law Agent 1910.pdf

AGENT
AGE. Signifies thoee periods In the lives Incapacity for reproduction, eating In ei
of persons of both sexes which enable them ther ses:, and whether arising from struc
to do certain acts which, before they bad tural or other e&Utle8.
arrived at those periods, they were prohibit·
ed from doing. . AGEll'l'llm A. Sax. The true master
The length of time during which a per or owner of a thing. Spelman.
son has lived or a thing has existed.
In the old books, "age" ls commouly used AGE.NHI.N.a.. In Saxon law. A guest
to signify "foll age;" that le, the age of at an Inn, who, ha ,1ng stayed there for
twenty-one years. Litt. I 259. three nights, was then accounted one of the
-Le JPll age. The age at which the person family. Oowell.
acquires full capacity to make his own con
tracts and deeds and transact business general•
ly (age of majority) or to enter into some par AGEXB. Lat. An agent, a conductor.
ticular contract or relation, u, the "legal age or manager of atralrs. Dlstlngulsbed from
of consent" to marriage. See Capwell v. Cap factor, a workman. A plalutltr. Fleta, lib.
well, 21 R. I. 101, 41 Atl. 1005: Montoya de 4, c. 15, I 8.
Antonio v, Miller, 7 N. M. 289, 84 Pac. 40, 21
L.R. A.699. '
AGElf T. One who represents and acts
AGE, Awe, Aln. L. Fr. Water. Kel• for another under the contract or relation
ham. of agency, q. t1.
AGE PBAYEB. A suggestion of DOD• 1p m eci - o . l u . .o A a t g l e o n a er . a l A a ge i n e t n 11 t a is r e o e n i e th e e r m g p e lo tt y 6 e " d 0 l o in r
age, made by an Infant party to a real ac his capacity as a profesalonal man or master
Uon, with a prayer that the proceedings of an art or trade, or one to whom the principal
may be deferred until his full age. It ls confides hie whole bnainesa or all transactions
or functions of a desi,tnated class ; or be ls a
now abolished. St. 11 Geo. IY.; 1 Wm. IV. person who la authorized b:, hia principal to
c. 37, I 10; 1 Lil. Reg. M; S Bl Comm. 800. execute all deeds, sign all contracts, or pur
chase all good1, required in a J:)llrticular trade,
AGENCY A relation, created either by business, or employment. See Story, Ag. I 17;
Butler v. Maples, 9 Wall. 706, 19 L. Ed. 822;
express or Implied contract or by law, where Jaquea v. Todd, 3 Wend. (N. Y.) 00; Spri~g
by one party (called the principal or con• field Engine Co. v. Kenned]', 7 Ind. App. 502,
stltuent) delegates the transaction of some 84 N. E. 866;_ .Cruzan v. Smith. 41 Ind. 297;
lawful business or the authority to do cer Godshaw v. .-:Jtruck, 109 Ky. 285, 58 S. W.
781, 61 L. R. A. 668. A BJ)e Cial agent le one
tain acts for him or In relation to his rights
employed to conduct a -particular transaction or
or property, with more or less discretionary piece of business for hi• principal or authoris•
power, to another person (called the agent, ed to perform a 11peclfied act. Bryant v. Moore,
attorney, proxy, or delegate) who under 26 Me. 87, 46 Am. Dec. 00: Gibson v. Snow
Hardware Co., 94 Ala. 346, 10 South. 304:
takes to manage the affair and render him Coolei v. Perrine, 41 N. J. Law, 325, 32 Am.
an account thereof. • State v. Hubbard, 58 Rep, -10.
Kan. 797, 61 Pac. 290, 39 L. R. A. 860; Agents employed for the aale of goods or mel'
chandlse are called "mercantile agents," and
Sternaman v. Iusurance Co., 170 N. Y. 13,
are of two principal claeses.-brokere and fac
62 N. E. 763, 57 L. R. A. 318, 88 Am. St. tors, (q. 11.;) a factor is sometimes called a
Rep. 625; Wynegar v. State, 157 Ind. 577, "commission agent," or "commission merchant."
62 N. E. 38. Ruu. Mere. ~~ 1.
8:,aoa:,ma. The term "agent" la to be
The contract of agency may be defined to be distinguished from it• 11ynonyms "servant,"
acontract by which one of the contracting par- "representative," and "tru11tee." A servant acts
ties confides the management of some affair, to In behalf of hi, master and under the latter's
be transacted on his account, to the other par direction and authority, but is re,tarded as a
ty, who undertakes to do the business and renmere instrument, and not as the substitute or
der an account of it. 1 Liverm. Prln. & Ag. 2. proxy of the master. Tumer v. Cro BB, 83 Tex.
A contract by which one person, with greater
218, 18 S. W. 578, 16 L. R. A. 262; People
or lees discretionary power, undertakes to rep
resent an.other In certain business relations. v. Treadwell, 69 Cal. 226, 10 Pac. 502. A
representative (such as an executor or an as•
Whart. Ag. 1.
algnee in bankruptcy) owe11 his power and au
A relation between two or more persons, by
thority to the law. whkb puts him In the place
which one party, usually called the agent or
of the person represented, although the latter
attomey. is authorized to do certain acts for, or
may have designated or chosen the represent•·
in relation to the rights or property of the
other, who 111 denominated the principal, con- tlve. A trustee acta in the interest and for the
stituent, or employer. Bouvier. benefit of one person, but by an authority de
rived from another person.
-Agency deed of. A revocable and volun•
tary trust for payment of debts. Wharton.-
Agency of necessity A term sometimes ap- Ia lateraatloaal law; A diplomatic
plied to the kind of implied agency which en agent is a person employed by a sovereign
ables a wife to procure what is reasonably to manage his private atralrs, or those of his
necessary for her maintenance and support on
her hu11band's credit and at his expense, when subjects In his name, at the court of a for
he fails to make proper provision for her neces- eign government. Wollf, Inst. Nat. I 1287,
sities. Bostwick v. Brower, 22 Misc. Rep. 700,
49 N. Y. Supp. 1046. Ia the praotloe of the hoaae of lol Nla
-• prh7 oo-ou. In a JJpeala, solicitors
AGEXESIA. In medical Jurisprudence. and other peraona admitted to practlee In
Impotentta pnerandl ; sexual Impotence; thoee courta In a Blmllar capacl to tl'.tt ot
oogle
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AGENT 51 AG ILLAR IUS
IOllcltors In ordinary court.a, are technically AGGRAVATIOl'f. Any clrcnmstance at
called "agents." Macph. Prlv. Coun. 00. tending the commission of a crime or tort
-Acent aacl patleat. A phrase Indicating which increases Its guilt or enormity or
the state of a pel'IIOn who Is required to do a adds to Its injurious consequences, but which
thin A'. and is at the same time the pel'IIOn to Is above and beyond the essential constitu
whom it la done.-Looal ageat. One ap
ents of the crime or tort itself.
pointed to act as the rep?Hentative of a cor
poration and transact its bu1ines1 cenerall1 Matter of &g Jtravatlon, -correctly understood,
(or b UBlnea of a particular character) at a giv does not consist in acts of the &ame kind and
en place or within a defined district. See Frick description aa th011e constituting the gist of the
Co. v. Wright, 2S Tex. Civ. App. 340, M S. action, but In something done b1 the defendant,
W. 608; Moore v. Freeman'• Nat. Bank, 92 on the occasion of committing the tresp&.88,
N. C. 594-; Westem, etc., Organ Co. v. Andel' which is. to eome extent, of a different legal
aon, 97 Tex. 432, 79 S. W. 517.-llaaadas character from the principal act complained of.
aaeat. A pel'IIOn who is Invested with general Hathaway v. Rice, 19 Vt. 107.
power, involving the exercise of judgment and
di1eredon, as distinguished from an. ordinary Ia pleadbag. The Introduction of mat
qent or emplo:,6, who acts in an inferior ca ter into the declaration which tends to In
pacit.r.. and under the direction and control of crease the amount of damages, but does uot
1t1perior authority, both in regard to the extent
of the work and the manner of executing the affect the right of action Itself. Steph. Pl.
ame. Reddington v. Mariposa Land & Min. 257; 12 Mod. 597.
Co.. 19 Hun (N. Y.) 406; Taylor v. Granite
State Prov. Au'n, 136 N. Y. 343, 32 N. E. 992{ AGGREGATE. Composed of several ;
32 Am. St. Rep. 749; U. S. v. American Bel
conststlng of mnny penons united together.
Te L Co. (C. C.) 29 fed. 33: Up~r Mieaieaippl
Tranap. Co. v. Whittaker, 16 Wis. 220: Fos 1 BJ. Comm. 469.
! t J e S r N v. . C W h . a r 9 l , e s 2 3 B L et . c h R e . r A L . u 4 m 0 b 0 e , r 4 C 9 o . a 1 m 5 . S S . t D . . R 5 ep 7 . , -Assresate eo:rpo-tio-♦ See Coa PORA·
TION.
859.-Prl Tate ageat. An. agent acting for an
p in i d a i h v e id d u a fr l o m in a h p i1 u bl _ i p c ri a v g a e te n t, a w lf h a o lr s r ; e pr a e s se n d t i s l t t i h n e AGGREGATIO .-E.NTIU-♦ The meet
government in aome adminlatrative capacit:,. Ing of minds. The moment when a contract
Pa•:U. ..-1:. An acent of the public, the 18. complete. A suppoeed derivation of the
atate, or the government; a pe IIIOn appointed word "agreement."
to act for the nubile in some matter pertaining
to the administration of rovemment or the put,;.
lie balrine BS. See Sto_ry, Ag. I 300; Whiteside AGGRESBOR. The party who first of
v. United States. 98 U. S. 2G4. 23 L. Ed. 882. fers violence or offense. He who ·begins a
-a.al-estate a,ieat. Any pel'IIOn whose quarrel or dispute, either 'by threatening or
lmsineu it is to sell, or offer for aale, real ea- striking another.
. tate for others, or to ren.t hout!letl, etoree, or
other buildings, or real estate, or to collect
ftllt for othera. Act .Jul1 13. 1866, c. 49; 14 AGGRIEVED. Having suffered 1088 or
St. at Larire, 118. Carstens v. Mc Rea-q, 1 injury ; . damnlfied : Injured.
Wub. St. 359, 25 Pac. 4TI.
AGGRIEVED PARTY. Under statutes
Aseatff ot oo-•tleatff part pe11- granting the right of appeal to the party
ttleoteat1a. Acting and consenting parties aggrieved by an order or Judgment, the par
are liable to the llll JDe punishment. CS Coke, ty aggrieved ls one whose pecuniary inter
8). est ls directly affected by the adjudleatlon;
one whose right of property may be estab
A.GEIL Lat. la tile olvil law. A. lished or divested thereby. Ruff v. Mont
Geld; land generally. A portion of land in gomery, 83 MIBB. 185, 36 South. 67; Mc Far
claeed by definite boundaries. Munlcipallty land v. Pierce, 161 Ind. M6, 45 N. E. 706;
No. 2 v. Orleans Ootton Preee, 18 La. 167, 36 Lamar v. Lamar, 118 Ga. 684, 45 8. E. 498;
Am. Dec.~ Smith v. Bradstreet, 16 Pick. (Mass.) 264;
Bryant v. Allen, 6 N. H. 116; Wiggin v.
Ia o W Eas Hu law. An acre. Spelman.
Swett, 6 Mete. (Maes.) 194, 39 Am. Dec. 716 ;
Tillinghast v. Brown Unlvenlty, 24 R. I. 179,
AGGEIL Lat. In the civil law. A dam, 62 Atl. 891 ; Lowery v. Lowery, 64 N. C.
bank or mound. Cod. 9, 38; Townsh. Pl. 110; Raleigh v. Rogers, 25 N . .J. Eq. 006. Or
48.
one against whom error bas been commltte1l.
Kinealy v. Macklin, 67 Mo. 93.
AGGRAVATED AIJBA'IJLT. An as
ault with circumstances of aggravation, or A.GILD. In Saxon law. Free from pen
of a heinous character, or with Intent to alty, not subject to the payment of g Ud, or
eommft another crime. In re Burns (C. C.) tcere Qild; • that is, the customary fine or pe
113 Fed. 99'l; Norton v. State, 14 Tex. 303. cuniary compensation for an offense. Spel
See A.sli ULT. man; O>well
Defined In Penn91lvanla u follows: "If any
))el'IIOn shall nnlawfally and malicloualy Inflict AGILER. In Saxon law. An ob8erver
upon another penon, either with or without or Informer.
&DJ weapon or instrument. an1 rrievo U11 bodil1
m o lla t e h rm a e n r ., o r I o J , 4 ' r ' l r B e u O t n D c l . , a w h B e fu r l i s l s h y h a t l l c l . u J. t b . e P s u t g a r u d b l . , l t .r D o . r l. o g w . f o p a u . n 4 d m 3 i 4 s a d , n e y I law A . f f D A J , h 4 ay J w UV ar ■ d . , b L e . r d L w il a t r . d, I n o r o l k d e e E p n e g r l ls o b f
1t7. the berd of cattle 1n a common Gfield. Cow;ell.
oog e
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