AFFINITAS AFFINITATIS. That connection between parties arising from marriage which is neither consanguinity nor affinity. This term intends the connection between the kinsmen of the two persons married, as, for example, the husband's brother and the wife's sister; Erskine, Inst. 1. 6. 8. AFFINITY. The connection existing, in consequence of marriage, between each of the married persons and the kindred of the other. It is distinguished from consanguinity, which denotes relationship by blood. Affinity is the tie which exists between one of the spouses with the kindred of the other: thus, the relations of my wife, her brothers, her sisters, her uncles, are allied to me by affinity, and my brothers, sisters, etc., are allied in the same way to my wife. But my brother and the sister of my wife are not allied by the ties of affinity. A person cannot, by legal succession, receive an inheritance from a relation by affinity; neither does it extend to the nearest relations of husband and wife, so as to create a mutual relation between them. The degrees of affinity are computed in the same way as those of consanguinity. See 1 Bla. Com. 435; Pothier, Traité du Mar. pt. 3, c. 3, art. 2; Inst. 1, 10, 6; Dig. 38, 10, 4. 3; 1 Phill. Eccl. 210; 5 Mart. La. 296. AFFIRM (Lat. affirmare, to make firm; to establish). To ratify or confirm a former law or judgment; Cowel. Especially used of confirmations of the judg ments of an inferior by an appellate tribunal. To ratify or confirm a voidable act of the party. To make a solemn religious asseveration in the nature of an oath. See AFFIRMATION. AFFIRMANCE. The confirmation of a voidable act by the party acting, who is to be bound thereby. The term is in accuracy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying, of some act performed by another person; and from confirmation, which would seem to apply more properly to cases where a doubtful authority has been exercised by another in behalf of the person ratifying; but these distinctions are not generally observed with much care; 1 Parsons, Contr. 243. Express affirmance takes place where the party declares his determination of fulfilling the contract; Dudl. Ga. 203. A mere acknowledgment that the debt existed, or that the contract was made, is not an affirm ance; 10 N. H. 561; 2 Esp. 628; 1 Bail. 28; 9 Conn. 330; 2 Hawks, 535; Pick. 203; Dudl. Ga. 203; but it must be a direct and express confirmation, and substantially (though it need not be in form) a promise to pay the debt or fulfil the contract; 3 Wend. 479; 4 Day, 57; 12 Conn. 550; 8 N. H. 374; 2 Hill, 120; 19 Wend. 301; 1 Pars. Contr. 243; Bingham, Inf., 1st Am. ed. 69. Implied affirmance arises from the acts of the party without any express declaration; 15 Mass. 220. See 10 N. H. 194; 11 S. & R. 305; 1 Pars. Contr. 243; 1 Bla. Com. 466, n. 10. AFFIRMANCE-DAY-GENERAL. In the English Court of Exchequer, is a day ap pointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments; 2 Tidd, Pract. 1091. AFFIRMANT. In Practice. One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth, as if he had been sworn. He is liable to all the pains and penalty of perjury, if he shall be guilty of wilfully and maliciously violating his affirmation. See PERJury. AFFIRMATION. In Practice. A sol emn religious asseveration in the nature of an oath; 1 Greenl. Ev. § 371. Quakers, as a class, and other persons who have conscientious scruples against taking an oath, are allowed to make affirmation in any mode which they may declare to be binding upon their consciences, in confirmation of the truth of testi46; Cowp. 340, 389; 1 Leach, Cr. Cas. 64; 1 Ry. mony which they are about to give; 1 Atk. 21, & M. 77; 6 Mass. 262; 16 Pick. 153; Buller, Nisi P. 292; 1 Greenl. Ev. § 371. AFFIRMATIVE. That which estab lishes; that which asserts a thing to be true. It is a general rule of evidence that the affirmative of the issue must be proved; Buller, Nisi P. 298; Peake, Ev. 2. But when the law requires a person to do an act, and the neglect of it will render him guilty and punishable, the negative must be proved, because every man is presumed to do his duty, and in that case they who affirm he did not must prove it; Buller, Nisi P. 298; 1 Rolle, 83; Comb. 57; 3 Bos. & P. 307. AFFIRMATIVE PREGNANT. In Pleading. An affirmative allegation implying some negative in favor of the adverse party. For example, if to an action of assumpsit, which is barred by the act of limitations in six years, the defendant pleads that he did not undertake, etc., within ten years, a replication that he did undertake, etc., within ten years would be an affirmative pregnant; since it would impliedly admit that the defendant had not promised within six years. plea should be demurred to; Gould, Pl. c. 6, §§ 29, 37; Stephen, Pl. 381; Lawes, Civ. Pl. 113; Bacon, Abr. Pleas (n. 6). Such a AFFORCE THE ASSIZE. To compel unanimity among the jurors who disagree. It was done either by confining them without meat and drink, or, more anciently, by adding other jurors to the panel, to a limited extent, securing the concurrence of twelve in a verdict. See Bracton, 185 b, 292 a; Fleta, book 4, c. 9, § 2. The practice is now discontinued. AFFRANCHISE. To make free. AFFRAY. In Criminal Law. The fighting of two or more persons in some public place to the terror of the people. It differs from a riot in not being premedi AFFRECTAMENTUM tated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, but an affray only; and in that case none are guilty except those actually engaged in it; Hawkins, Pl. Cr. book 1, c. 65, § 3; 4 Bla. Com. 146; 1 Russell, Cr. 271. Fighting in a private place is only an assault; 1 Crompt. M. & R. 757; 1 Cox, Cr. Cas. 177. AFFRECTAMENTUM (Fr. fret). Af freightment. The word fret means tons, according to Cowel. Cange. AFFREIGHTMENT. The contract by which a vessel, or the use of it, is let out to hire. See FREIGHT; GENERAL SHIP. AFORESAID. Before mentioned; already spoken of or described. Per Tindal, C. J., and Parke, B., in the addenda to 1 Den. Cr. Cas. 1. And in England this statute definition was adopted by all the judges; Bell, Cr. Cas. 63, 71. AGARD. Award. Burrill, Dic. AGE. That period of life at which the law allows persons to do acts or discharge functions which for want of years they were prohibited from doing or undertaking before. The full age of twenty-one years is held to be completed on the day preceding the twentyfirst anniversary of birth; 1 Bla. Com. 464; 1 Sid. 162; 1 Kebl. 589; 1 Salk. 44; 1 Ld. Raym. 84; 3 Harr. Del. 557; 4 Dana, 597. Males, before fourteen, are said not to be of discretion; at that age they may consent to marriage and choose a guardian. Twenty- › one years is full age for all private purposes, and they may then exercise their rights as citizens by voting for public officers, and are eligible to all offices, unless otherwise provided for by law. Whenever in any instrument a person has once been described, all future references may Females, at twelve, arrive at years of disbe made by giving his name merely and add-cretion, and may consent to marriage; at ing the term "aforesaid" for the purpose of identification. The same rule holds good also as to the mention of places or specific things described, and generally as to any description once given which it is desirable to refer to. Where a place is once particularly described in the body of the indictment, it is sufficient afterwards to name such place, and to refer to the venue by adding the word "aforesaid,' without repeating the whole description of the venue; 1 Gabbett, Crim. Law, 212; 5 Term, 616. AFORETHOUGHT. In Criminal Law. Premeditated; prepense. The length of time during which the accused has entertained the thought of committing the offence is not very material, provided he has in fact entertained such thought; he is thereby rendered criminal in a greater degree than if he had committed the offence without premeditation. See MALICE AFORETHOUGHT; PREMEDITATION; 2 Chitty, Cr. Law, 785; 4 Bla. Com. 199; Fost. Cr. Cas. 132, 291, 292; Cro. Car. 131; Palm. 545; W. Jones, 198; 4 Dall. 146. AFTERMATH. The second crop of AGAINST THE FORM OF THE STATUTE. Technical words which must be used in framing an indictment for a breach of the statute prohibiting the act complained of. The Latin phrase is contra formam statuti. AGAINST THE WILL. Technical words which must be used in framing an indictment for robbery from the person; 1 Chitty, Cr. Law, 244. In the statute of 13 Edw. I. (Westm. 2d) c. 34, the offence of rape is described to be ravishing a woman "where she did not consent," and not ravishing against her will. fourteen, they may choose a guardian; and twenty-one, as in males, is full age, when they may exercise all the rights which belong to their sex. The age of puberty for both sexes is fourteen. In the United States, at twenty-five, a man may be elected a representative in congress; at thirty, a senator; and at thirty-five, he may be chosen president. He is liable to serve in the militia from eighteen to fortyfive inclusive, unless exempted for some particular reason. In England no one can be chosen member of parliament till he has attained twenty-one years; nor be ordained a priest under the age of twenty-four; nor made a bishop till he has completed his thirtieth year. The age of serving in the militia is from sixteen to forty-five years. The sovereignty of the realm is assumed at eighteen; though the law, according to Blackstone, recognizes no minority in the heir to the throne. In French Law. A person must have attained the age of forty to be a member of the legislative body; twenty-five to be a judge of a tribunal de première instance; twentyseven, to be its president, or to be judge or clerk of a cour royale; thirty, to be its president or procureur-général; twenty-five, to be a justice of the peace; thirty, to be judge of a tribunal of commerce, and thirty-five, to be its president; twenty-five, to be a notary public; twenty-one, to be a testamentary witness; thirty, to be a juror. At sixteen, a minor devise one-half of his property as if he were a major. A male cannot contract marriage till after the eighteenth year, nor a female before full fifteen years. At twentyone, both males and females are capable to perform all the acts of civil life; Touillier, Droit, Civ. liv. 1, Intr. n. 188. may In Roman Law. Infancy (infantia) extended to the age of seven; the period of childhood (pueritia), which extended from seven to fourteen, was divided into two periods; the first, extending from seven to ten and a half, was called the period nearest childhood (tas infantia proxima); the other, from ten and a half to fourteen, the period nearest puberty (ætas pubertati proxima); puberty (pubertas) extended from fourteen to eighteen: full puberty extended from eighteen to twenty-five: at twenty-five, the person was major. See Taylor, Civ. Law, 254; Leçon El. du Droit Civ. 22. AGE-PRAYER. A statement made in a real action to which an infant is a party, of the fact of infancy and a request that the proceedings may be stayed until the infant becomes of age. It is now abolished; stat. 11 Geo. IV.; 1 Will. IV. c. 37, § 10; 1 Lilly, Reg. 54; 3 Bla. Com. 300. AGENCY. A relation between two or more persons, by which one party, usually called the agent or attorney, is authorized to do certain acts for, or in relation to the rights or property of, the other, who is denominated the principal, constituent, or employer; Prof. Joel Parker, MS. Lect. 1851. A contract by which one person, with greater or less discretionary power, undertakes to represent another in certain business relations; Whart. Agency, 1. The right on the part of the agent to act, is termed his authority or power. In some instances the authority or power must be exercised in the name of the principal, and the act done is for his benefit alone. In others, it may be executed in the name of the agent, and, if the power is coupled with an interest on the part of the agent, it may be executed for his own benefit; Prof. Joel Parker, Harvard Law School Lect. 1851. The creation of the agency, when express, may be either by deed, in writing not by deed, or by a verbal delegation of authority; 2 Kent, 612; 3 Chitty, Com. Law, 104; 9 Ves. 250; 11 Mass. 27, 97, 288; 1 Binn. 450; 4 Johns. Ch. 667. When the agency is not express, it may be inferred from the relation of the parties and the nature of the employment, without proof of any express appointment; 2 Kent, 613; 15 East, 400; 1 Wash. Va. 19; 5 Day, 556. In most of the ordinary transactions of business, the agency is either conferred verbally, or is implied from circumstances. But where the act is required to be done in the name of the principal by deed, the authority to the agent must also be by deed, unless the principal be present and verbally or impliedly authorize the agent to fix his name to the deed; 1 Liverm. Ag. 35; Paley, Ag. 157; Story, Ag. §§ 49, 51; 5 Binn. 613; 1 Wend. 424; 9 id. 54, 68; 12 id. 525; 14 S. & R. 331. The authority may be general, when it extends to all acts connected with a particular business or employment; or special, when it is confined to a single act; Story, Ag. § 17; 21 Wend. 279; 9 N. H. 263; 3 Black f. 436. If the powers are special, they form the limits of the authority; if general, they will be more liberally construed, according to the necessities of the occasion and the course of the transaction. The The agency must be antecedently given, or subsequently adopted; and in the latter case there must be an act of recognition, or an aequiescence in the act of the agent from which a recognition may be fairly implied; 2 Kent, 614. If, with full knowledge of what the agent has done, the principal ratify the act, the ratification will be equivalent to an original authority, according to the maxim, omnis ratihabitio retrotrahitur et mandato æquiparatur; Paley, Ag. 172; 4 Ex. 798. ratification relates back to the original making of the contract; 31 L. J. Ex. 163; except as to intermediate vested rights; 4 Ct. Cl. 511; 49 Ill. 59; 43 Mo. 113; 12 Minn. 255. It must be ratified in its entirety; 31 N. Y. 611; 1 Oreg. 115; 45 Ga. 153; 27 Mo. 163; 31 Iowa, 547; and subject to the charges imposed by the agent; 9 H. L. C. 391. An intention to ratify may be presumed from the silence of the principal who has received a letter from the agent informing him of what has been done on his account; 12 Wall. 358; 2 Biss. 255; 105 Mass. 551; 49 Penn. 457; 69 id. 426; 21 Mich. 374; 37 Ill. 442; 26 Iowa, 38; 27 Tex. 120; or from any acts inconsistent with a contrary presumption; 26 Me. 84; 69 Penn. 426; 59 Ill. 23; 12 Kan. 135; or from a suit by the principal; 56 Me. 564; 21 Ark. 539; 28 III. 135; 9 B. & C. 59; 12 Wall. 681; 12 Johns. 300; 3 Cow. N. Y. 281; 4 Wash. C. C. 549; 14 S. & R. 30. Ratification can only take place where the agent professed to act for the person ratifying; 5 B. & C. 909; Leake, Contracts, 470. Thus a forged signature to a note cannot be ratified; L. R. 6 Ex. 89; contra, 46 Me. 176; 32 Ill. 387; 33 Conn. 95; 42 Penn. 143; Whart. Ag. § 71. The business of the agency may concern either the property of the principal, of a third person, of the principal and a third person, or of the principal and the agent, but must not relate solely to the business of the agent. A contract in relation to an illegal or immoral transaction cannot be the foundation of a legal agency; 1 Liverm. Ag. 6, 14. The termination of the agency may be by a countermand of authority on the part of the principal, at the mere will of the principal ; and this countermand may, in general, be effected at any time before the contract is completed; 3 Chitty, Com. & Manuf. 223; Story, Ag. §§ 463, 465; 53 Penn. 256; 46 id. 426; Whart. Ag. § 94; even though in terms irrevocable, provided there is no valid consideration, and the agent has not an interest in the execution of the authority entrusted to him; Story, Ag. §§ 476, 477. But when the authority or power is coupled with an interest, or when it is given for a valuable consideration, or when it is a part of a security, then, unless there is an express stipulation that it shall be revocable, it cannot be revoked; Story, Ag. §§ 476, 477; 2 Kent, 643, 644; 8 Wheat. 174; 10 Paige, 205; 34 N. Y. 24; 53 Penn. 212; 3 Const. 62; 2 Mas C. C. 244, 342. When the authority has been partially executed by the agent, if it admit of severance, or of being revoked as to the part which is unexecuted, it may be revoked as to that part; but if it be not thus severable, and the agent by its execution in part will sustain damage, it cannot be revoked as to the unexecuted part unless the agent be fully indemnified; Story, Ag. § 466. This revocation may be by a formal declaration publicly made known, by an informal writing, or by parol; or it may be implied from circumstances, as, if another person be appointed to do the same act; Story, Ag. 3 474; 5 Binn. 305; 6 Pick. 198. See 11 Allen, 208. It takes effect from the time it is made known, and not before, both as regards the agent and third persons; Story, Ag. § 470; 2 Kent, 644; 11 N. H. 397; 7 Ct. of Cl. 535; 44 Ill. 114; 35 Vt. 179; 95 U. S. 48; 38 Conn. 197. The determination may be by the renunciation of the agent either before or after a part of the authority is executed; Story, Ag. $ 478; it should be observed, however, that if the renunciation be made after the authority has been partly executed, the agent by renouncing it becomes liable for the damages which may thereby be sustained by his principal; Story, Ag. § 478; Jones, Bailm. 101; 4 Johns. 84; or, by operation of law, in various ways. And the agency may terminate by the expiration of the period during which it was to exist and to have effect; as, if an agency be created to endure a year, or until the happening of a contingency, it becomes extinct at the end of the year, or on the happening of the contingency; Story, Ag, § 480. The determination may result from the marriage of the principal, if a feme sole; the insanity of the principal; 10 N. H. 156; 8 Wheat. 174; bankruptcy; Story, Ag. § 482; 16 East, 382; Baldw. C. C. 38; or death; Story, Bailm. § 209; 2 Kent, 645 (in England and most of the United States this revocation is instantaneous, even as to-third parties without notice; L. R. 4 C. P. 744; 84 Ill. 286; 10 M. & W. 1; 5 Pet. 319; 12 N. H. 145; 25 Ind. 182; 2 Humph. 350; 31 Ala. 274; 29 Tex. 204; 28 Cal. 645; 77 Iowa, 73; 9 Wend. 452. But notice is necessary in Pennsylvania, Missouri, and, in some cases, in Ohio; 4 W. & S. 282; 26 Mo. 313; 8 Ohio St. 520; and under the civil law; Whart. Ag. § 101); but not when the authority is coupled with an interest; 53 Penn. 266; 4 Campb. 325; 10 Paige, 201; see 4 Pet. 332; or from the insanity; Story, Ag. § 487; bankruptcy; 5 B. & Ald. 27, 31; or death of the agent; 2 Kent, 643; though not necessarily by marriage or bankruptcy; Story, Ag. §§ 485, 486; 12 Mod. 383; 3 Burr. 1469, 1471; from the extinction of the subject-matter of the agency, or of the principal's power over it, AGENT or by the complete execution of the trust; Story, Ag. § 499. As to revocation by lunacy of principal, see late English case in 19 Am. L. Reg. 106, with Judge Bennett's note. As to revocation by death of principal, see id. 401. AGENS (Lat. agere, to do; to conduct). A conductor or manager of affairs. Distinguished from factor, a workman. A plaintiff. Fleta, lib. 4, c. 15, § 8. AGENT (Lat. agens; from agere, to do). One who undertakes to transact some busiby the authority and on account of the latter, ness, or to manage some affair, for another, and to render an account of it; 1 Livermore, Ag. 67; 2 Bouvier, Inst. 3. 207; 1 B. & P. 316. See Co. Litt. The term is one of a very wide application, and includes a great many classes of persons to which distinctive appellations are given; as, factors, brokers, attorneys, cashiers of banks, auctioneers, clerks, supercargoes, consignees, ships' husbands, masters of ships, and the like. The terms agent and attorney or power of attorney is constantly spoken of are often used synonymously. Thus, a letter as the formal instrument by which an agency is created; Paley, Ag., Dunl. ed. 1, n. Who may be. See 70 Many persons disqualified from acting for themselves, such as infants (117 Mass. 479), persons attainted or outlaws, aliens (19 La. Ann. 482; see 18 Wall. 106; 42 N. Y. 54; 62 Ill. 61), slaves, and others, may yet act as agents in the execution of a naked authority; Whart. Ag. § 14; 45 Ala. 656; 1 Hill (s. c.) 270; Coke, Litt. 252 a; Story, Ag. § 4. A feme covert may be the agent of her husband, and as such, with his consent, bind him by her contract or other act; 47 Ala. 624; 16 Vt. 633; 3 Head. (Tenn.) 471. Penn. 181; and she may be the agent of another in a contract with her husband; Bacon, Abr. Authority, B; 6 N. H. 124; 3 Whart. 369; 16 Vt. 653. But although she is in general competent to act as the agent of a third person; 7 Bingh. 565; 1 Esp. 142; 2 id. 511; 4 Wend. 465;. it is not clear that she can do so when her husband expressly dissents, particularly when he may be rendered liable for her acts; Story, Ag. § 7. Persons non compos mentis cannot be agents for others; Whart. Ag. § 15 (but see Ewell's Evans, Agency, *10; 4 Exch. 7; s. c. Ewell, Lead. Cas. on Disabilities, 614; as to cases when one deals with a lunatic, not knowing of his lunacy. See, also, 55 Ill. 62; 34 Ind. 181; 14 Barb. 488; 23 Iowa, 433; 48 N. H. 133; 6 Gray, 279; 23 Ark. 417; 24 Ind. 238); nor can a person act as agent in a transaction where he has an adverse interest or employment; 2 Ves. Ch. 317; 11 Clark & F. 714; 3 Beav. 783; 2 Campb. 203; 2 Chitty, Bail, 205; 30 Me. 431; 24 Ala. N. s. 358; 3 Denio, 575; 19 Barb. 595; 20 id. 470; 6 La. 407; 7 Watts, 472; and whenever the agent holds a fiduciary relation, he cannot contract with the same general binding force with his principal as when such a relation does not exist; Story, Ag. § 9; 1 Story, Eq. Jur. §§ 308, 328; 4 M. & C. 134; 14 Ves. 290; 3 Sumn. 476; 2 Johns. Ch. 251; 11 Paige, 538; 5 Me. 420; 6 Pick. 198; 4 Conn. 717; 10 Pet. 269. Extent of authority. The authority of the agent, unless the contrary clearly appears, is presumed to include all the necessary and usual means of executing it with effect; Story, Ag. §§ 58, 85, 86; 5 Bingh. 442; 2 H. Bla. 618; 10 Wend. 218; 6 S. & R. 146; 11 Ill. 177; 9 Metc. 91; 22 Pick. 85; 15 Miss. 365; 9 Leigh, Va. 387; 11 N. H. 424; 6 Ired. 252; 10 Ala. N. s. 386; 21 id. 488; 1 Ga. 418; 1 Sneed, 497; 8 Humphr. 509; 15 Vt. 155; 2 McLean, 543; 8 How. 441. Where, however, the whole authority is conferred by a written instrument, its nature and extent must be ascertained from the instrument itself, and cannot be enlarged by parol evidence; Story, Ag. §§ 76, 79; 1 Taunt. 347; 5 B. & Ald. 204; 7 Rich. 45; 1 Pet. 264; 3 Cranch, 415. Generally, in private agencies, when an authority is given by the principal; 7 N. H. 253; 1 Dougl. Mich. 119; 11 Ala. N. s. 755; 1 B. & P. 229; 3 Term, 592; to two or more persons to do an act, and no several authority is given, all the agents must concur in doing it, in order to bind the principal, though one die or refuse; Story, Ag. § 42; 3 Pick. 232; 6 id. 198; 12 Mass. 185; 23 Wend. 324; 6 Johns. 39; 9 Watts & S. 56; 10 Vt. 532; 12 N. H. 226; 1 Gratt. 226; 53 N. Y. 114; 57 Ill. 180. The words jointly and severally, and jointly or severally, have been construed as authorizing all to act jointly, or each one to act separately, but not as authorizing any portion of the number to do the act jointly; Paley, Ag., Lloyd ed. 177, note. But where the authority is so worded that it is apparent the principal intended to give power to either of them, an execution by a part will be valid; Coke, Litt. 49 b; Dyer, 62; 5 B. & Ald. 628. And generally, in commercial transactions, each one of several agents possesses the whole power. For example, on a consignment of goods for sale to two factors (whether they are partners or not), each of them is understood to possess the whole power over the goods for the purposes of the consignment; Story, Ag. § 44; 3 Wils. 94, 114; 20 Pick. 59; 24 id. 13; see 53 N. Y. 114. In public agencies an authority executed by a majority will be sufficient; 1 Coke, Litt. 181 b; Comyns, Dig. Attorney, c. 15; Bacon, Abr. Authority, C; 1 Term, 592; 10 Wis. 271; 11 Ala. 755. A mere agent cannot, generally, appoint a sub-agent, so as to render the latter directly responsible to the principal; 9 Coke, 75; 2 M. & S. 298, 301; 1 Younge & J. 387; 4 Mass. 597; 12 id. 241; 1 Hill, 501; 13 B. Monr. 400; 12 N. H. 226; 3 Story, 411; 72 Penn. 491; 26 Wend. 485; 11 How. 209; 28 Tex. 163; 34 Miss. 63; but may when such is the usage of trade, or is understood by the parties to be the mode in which the particular business might be done; 9 Ves. 234; 1 M. & S. 484; 2 id. 301; 6 S. & R. 386; 1 Ala. N. s. 249; 3 Johns. Ch. 167; 51 N. Y. 117. Duties and liabilities. The particular obligations of an agent vary according to the nature, terms, and end of his employment; Paley, Ag. 3; 2 Ld. Raym. 517. He is bound to execute the orders of his principal whenever, for a valuable consideration, he has undertaken to perform them; Story, Ag. 189; 5 Cowen, 128; 20 Wend. 321. When his authority is limited by instructions, it is his duty to adhere faithfully to those instructions; Paley, Ag. 3, 4; 3 B. & P. 75; 5 id. 269; Story, Ag. § 192; 3 Johns. Cas. 36; 1 Sandf. 111; 26 Penn. 394; 14 Pet. 494; 25 N. J. Eq. 202; 48 Ga. 128; 3 W. Va. 133; 31 Ill. 200; but cases of extreme necessity and unforeseen emergency constitute exceptions to this rule; 1 Story, 45; 4 Binn. 361; 5 Day, 556; 26 Penn. 394; 4 Campb. 83; and where the agent is required to do an illegal or an immoral act; 6 C. Rob. Adm. 207; 7 Term, 157; 11 Wheat. 258; he may violate his instructions with impunity; Story, Ag. §§ 193, 194, 195. If he have no specific instructions, he must follow the accustomed course of the business; Story, Ag. § 199; 1 Gall. C. C. 360; 11 Mart. La. 636. When the transaction may, with equal advantage to the principal, be done in two or more different ways, the agent may in general do it in either, provided a particular mode has not been prescribed to him; 1 Livermore, Ag. 103. He is to exercise the skill employed by persons of common capacity similarly engaged, and the same degree of diligence that persons of ordinary prudence are accustomed to use about their own affairs; 6 Taunt. 495; 10 Bingh. 57; 1 Johns. 364; 20 Pick. 167; 6 Metc. 13; 24 Vt. 149; 57 Mo. 93; 66 Ill. 136; 21 Wall. 178; 38 Miss. 242. It is his duty to keep his principal informed of his doings, and to give him reasonable notice of whatever may be important to his interests; 5 M. & W. 527; 4 Watts & S. 305; 1 Story, 43, 56; 4 Rawle, 229; 6 Whart. 9; 13 Mart. La. 214, 365. He is also bound to keep regular accounts, and to render his accounts to his principal at all reasonable times, without concealment or overcharge; Story, Ag. § 203; 22 Tex. 703; 22 La. An. 599; 9 Iowa, 589; 52 Ill. 512; 4 Mo. Cr. 41. As to their principals, the liabilities of agents arise from a violation of duties and obligations to them by exceeding his authority, by misconduct, or by any negligence, omission, or act by the natural result or just consequence of which the principal sustains a loss; Paley, Ag. 7, 71, 74; 1 B. & Ad. 415; 6 Hare, 366; 12 Pick. 328; 20 id. 167; 11 Ohio, 363; 13 Wend. 518; 6 Whart. 9. And |