be entered into either by the parties in person, or by their agents lawfully authorised. An agent is a person authorised by another to do acts or make engagements for him in his name. The person who so authorises him is called the principal. Generally no particular form is necessary for the appointment of an agent. A mere verbal appointment is sufficient; and even the fact of one person being employed to do any business whatever for another will create between them the relation of principal and agent. But there are some few acts in reference to the granting of leases and the creation of any uncertain interest in land, for which the authority of the agent must be in writing, or by deed.

The authority of an agent may in general be revoked by the principal at any time. It also ceases upon his death or bankruptcy. In mercantile transactions it is a universal rule that, in the absence of other instructions, the principal must be supposed to intend that his agent should follow the common usage of the business in which he is employed. This there

fore is the course which it is the agent's duty to pursue. An agent may be either a general or a special agent. If he is empowered to act generally in the affairs of another, or to act generally in some particular capacity (as, for example, to act generally in the management of a particular colliery), he is a general agent. Such a person will be presumed by the law in favour of the rights of strangers who deal with him to have authority for what he does, provided it falls within the usual limits of the business he has to perform, even though he may be transgressing some private direction

of his employer. But a special agent is strictly limited by the commission he has received, so that a person who deals with him cannot take advantage of his acts if they have exceeded his special authority.

The contract of an agent is the contract of the principal, if it is properly entered into by him by virtue of his commission. The act of the agent gives the principal the same rights and imposes on him the same obligations as if he had done it himself. In the course of business at collieries, it rarely happens that colliers are personally engaged by the proprietor; but a contract entered into by an agent, who is commissioned to act generally in the colliery, or has a special authority to engage workmen, is binding on the proprietor. It must be borne in mind, however, that such contract must always be within what may be called the apparent authority of the agent; that is, such as the workman who makes the engagement with the agent might, under the circumstances, reasonably suppose to be within the scope of his commission. Thus if a strange collier, seeking employment in a colliery, is referred to a person who affects to act in such business, and is apparently clothed with authority in the colliery, the engagement made with him will bind the principal. But it is otherwise if the collier accepts an engagement from a mere workman, or labourer, who has no apparent authority to make contracts, or is not specially empowered to do so. But if any act or engagement is done or made by an agent of any kind without sufficient authority, it may always be made good by the subsequent assent of the principal; and then the effect is exactly the same as if full power

had been given in the first instance.

The rule of law

is that every such ratification has a retrospective Thus if a collier is improperly engaged by a person not fully authorised to do so, and afterwards receives wages at the office, that would in general be such a recognition of his engagement as would make. it binding upon the principal.

An agent is not in general personally responsible on any contract entered into by him on behalf of his principal. But in the case of colliers it has been enacted by 4 Geo. IV. xxxiv. sect. 4, that as it frequently happens that masters or employers reside at considerable distances from the places where their business is carried on, or are occasionally absent for long periods of time, and during such residence or absence entrust their business to the management of stewards, agents, &c., whereby colliers and others may be subjected to great difficulties and hardships, and put to great expense in recovering their wages; in either of these cases it shall be lawful for any justice of the county or place where such collier, &c. shall be employed, upon his complaint touching the non-payment of his wages, to summon the steward, agent, bailiff, foreman, or manager, and to hear and determine the matter of the complaint in like manner as the complaints of the like nature against any master or employer are directed to be heard and determined, and also to make an order for the payment by such steward, agent, &c. to such collier, &c. of so much wages as shall appear to be justly due, provided that the sum in question do not exceed ten pounds. And in case of refusal. or non-payment by such steward,

agent, &c. for the space of twenty-one days from the date of such order, such justice shall issue his warrant to levy the same by distress and sale of the goods and chattels of such master or employer, rendering the overplus to the owner, or to such steward, &c. for the use of such master, after payment of the charges of such distress and sale. And by the second section of the new Master and Servants Act, the word “ employer " is to include the steward, agent, bailiff, foreman, manager, or factor of any person, firm, corporation, or company, who has entered into a contract of service with any servant, workman, &c. But it seems to be intended that agents, &c. should only become parties to proceedings under the new Act, under the circumstances indicated by the previous statute of 4 Geo. IV. (See the next chapter.)

Thus it appears that the agent may be made the defendant in cases of this kind, but he is not made personally responsible by the statute above referred to, the only remedy given being one against the goods of the principal.

ON THE CONTRACT OF HIRING.

A collier is a person who agrees to become the servant of another for the purpose of cutting coal or performing some similar service, in consideration of wages. A contract of hiring and service need not be in writing, unless it be for a period longer than a year, or for a year to commence at some future time. If it is reduced to writing it is not liable to any stamp duty, unless it relate to the superior class of clerks, &c., employed in a colliery.

General Hiring.-If nothing is said as to the duration of the engagement and no custom exists relating to this point, the hiring is considered as a general hiring, and in point of law a hiring for a year.* But this rule does not apply where the contract contains conditions or stipulations inconsistent with the notion of hiring for a year, or where (as is generally the case in coal districts), from some general and well-known custom, the parties may be supposed to have made their engagement with mutual reference to such custom.

Contract Book. To prevent misunderstandings and disputes, it is very expedient that in the office of a colliery a contract-book should be kept, and the terms of it read over to every collier who accepts employment there. He should further be required to sign his name in the book, or affix his mark, if he is satisfied with the conditions proposed.

Form of Contract.--For the convenience of proprietors a form of such a contract is here suggested, which the author conceives will meet the difficulties which magistrates have often felt in dealing with contracts of this nature.

"In consideration that Mr. A. B. will employ me as a collier, &c., from the 1st of 1861,

as regularly as the state of the trade, works, and machinery will permit, and pay me wages at per ton, of hand-picked coal by

pay

ments, I agree to serve the said Mr. A. B.