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No Particular Form is prescribed by law, but the affidavit must specify the State and county in which it is made, so as to show that the officer who administered the oath had authority to do so.

The Statement should be confined to facts within the actual knowledge of the person making the affidavit, or when made on information and belief, that fact should be stated.

Jurat.-The officer taking the affidavit affixes a clause called the jurat, certifying the time and fact of the oath.

Who may Take.-Judges, Justices of the Peace, Commissioners of Deeds, Notaries Public, and other and similar officers have authority to take affidavits.

General form of Affidavit

STATE OF PENNSYLVANIA,

Allegheny County, City of Pittsburg,

88.

Bernard Beckman, being duly sworn, deposes and says for alleges and says): That (Here set out in full and accurate language the matters to be alleged.)

BERNARD BECKMAN.

(SEAL] Sworn (or affirmed) before me, this fifteenth day of January, A. D. 1911

JOHN WELLNER,

Justice of the Peace.

(If the affiant is unable to read, the subscription should be as follows:) Subscribed and sworn to before me, this day of —, A. D. 19the same having been by me (or in my presence) read to this affiant, he being illiterate (or blind), and understanding the same.

(Officer's signature and title.}

Affidavit to Accounts

88.

1

County of Cook, Franklin Gage, of Chicago, in said County and State, being duly sworn deposes and says: That the above account, as stated, is just and true.

That the above sum of Fifty Dollars is now justly due and owing to this deponent by the above named James Higgins.

That he, the said Francis Gage, has never received the same or any part thereof, either directly or indirectly, nor any person for him, by his direction or order, knowledge or consent. FRANKLIN GAGE.

Sworn and subscribed before me, this ninth day of June, A. D. 1911

MICHAEL SWANN,
Justice of the Peace

Affidavit to Declaration or Petition

STATE OF ILLINOIS,

County of Sangamon,

88,

Abel Jones, being duly sworn, says: That the facts set forth in the forego ing declaration (or petition) are true.

ABEL JONES.

Subscribed and sworn to before me this tenth day of June, A. D. 1911

ISAAC MYERS, Justice of the Peace

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AGENCY

An Agent, in law, is a person authorized to act for an other, called principal,

the

the relation

between them

being knowD as agency. Agency is one of the most

common and

necessary rela tions of life. Nearly every one acts every day as the agent of some one else. Thus ev ery clerk in a store is the agent of the pro prietor. Almost all the business of brokers, commission merchants, law

Copyright 1911. F. W. Woolworth

WOOLWORTH
BUILDING

NEW YORK

Tallest Office

Building in the World, 55 stories,

height 750 feet.

yers, auctioneers, etc., is some sort of an agency. Corporations act wholly by means of agents, viz.: their officers, clerks, etc.

Who May Act as Principal or Agent.—Any one who is competent to do business for himself may act as principal, and appoint an agent to transact it for him. Persons who cannot do business for themselves may, however, be appointed to act as agents. Therefore minors and married woman may act as agents.

A General Agent is one authorized to represent his principal in all his business of one particular branch.

A Special Agent is one appointed to a particular thing only, or a few particular things.

How Appointed. An agent's authority may be given orally or by writing; no particular form of words is necessary. In important matters, the agent is often appointed by a written instrument which is called a power of attorney. When thus authorized under seal, an agent can sign deeds, or other conveyances of real estate or sealed instruments.

Extent of Authority.—The employing of an agent is the act which gives him his authority. An agent has authority to do whatever is necessary or generally done in connection with the purposes for which he is employed. Some employments give very wide latitude of power, and leave very much to the discretion of the agent; others give a very limited authority. Thus any act of the president or cashier of a bank in connection with its banking business binds the bank, while a messenger would have authority only to carry a message.

Liability of Principal. The principal is responsible for the acts of his agent committed in the execution of the agency and which are within the real or apparent scope of the principal's business. A distinction is here made between a special and a general agent. If a special agent exceeds or disobeys his instructions the principal is not liable; but if a general agent exceeds his authority the principal will be bound, if the act is within the apparent scope of an agent's authority, when it is such an act as is natural and usual in transacting business of that kind. By appointing him to do that business, the principal is considered as saying to the world that his agent has all the authority necessary to transact it in the usual way. For any criminal act, however, of the agent, the principal is not responsible unless he directly commands him to commit it.

Wrongful Acts of Agents.-As to wrongs and injuries, or torts, as they are called in law, the general rule is that the

principal is liable to third persons for the wrongful acts of the agent when acting within the scope of his agency. But this does not relieve the agent of personal liability himself.

The Agent's Liability.-1. To his Principal. An agent is bound in transacting the affairs of his principal to exercise all the care which a reasonable man would exercise in his own, and to the utmost good faith. For any loss to the principal through neglect or unfaithfulness, the agent is liable to him. 2. To the Third Party. If an agent conceals his character as an agent, or transcends his authority, or otherwise so conducts himself as to make his principal responsible, or if he expressly binds himself in any way, he is himself liable to the third party.

Accounting. The principal may call his agent to an account at any time, and may recover full indemnity for all injuries sustained by reason of the positive misconduct or negligence of the agent, or by his transcending his authority. An agent is not liable to his principal for not accounting until demand, which demand should be made at his residence, and sufficient opportunity given him for payment.

Compensation. As against the principal, an agent is entitled to compensation for his services, and reimbursement for the expenses of his agency, and for personal loss or damage in properly transacting the business thereof.

Sub-Agents. An agent may himself appoint another agent and act through him. Such a person is called a sub-agent, and is responsible to him who has appointed him, as his principal. In most commercial transactions sub-agents may be employed.

In Whose Name the Business is Done. All business should be transacted and money deposited in the name of the principal. If an agent deposits money in his own name and the bank fails he is responsible for the loss.

Mixing Property.—If an agent mixes his own property with that of his principal, so that it cannot be identified, it will all belong to the principal.

Responsibility to Third Party.-Ordinarily a person can only be responsible for his own acts, but an agent's act is really considered as that of his principal. Therefore the rule is that the principal is responsible for the acts of his agent. The principal is bound even though he was unknown at the time the act was done, because he is supposed to derive the benefit of the

same.

Ratification. If a principal ratifies an act done, he is bound by it, whether he had given the agent authority or not. Subse

quent ratification is equivalent to prior authority. But if such ratification is made under a mistake of circumstances it is not binding.

Responsibility of Third Party.-A person doing business with an agent is just as responsible to his principal as though he had transacted the business with the latter in person.

Revocation. It is always in the power of the principal to revoke an agency; but if the power conferred is coupled with an interest, as where an agent has power to sell goods and apply the proceeds to his own use; or if it is given for valuable consideration, and a continuance of the agency is necessary to meet the responsibilities he has assumed in advance, to carry it on, then such agency cannot be revoked at the pleasure of the principal.

How to Revoke an Agency.-It must be done by an express act of the principal or by the act of law. The first implies a written form revoking the power of attorney that has been conferred, or any express declaration to revoke. The second occasion may be the death of the principal or agent.

Notice to be Given.-Due notice should be given by the prin cipal of such revocation to those who knew of the authority given to such agent, because a general authority may continue to bind the principal after it has been actually recalled, if the agency were well known and the recalling of it wholly unknown to the party dealing with the agent without that party's fault.

Power of Attorney.-The authority by which one person is empowered to act in the place or as the attorney of another is called a power of attorney. The power of attorney is usually in writing and under seal, though for many purposes it may be created by parol. Strict rules of construction are applicable to these instruments, and courts incline to construe even general powers narrowly rather than broadly. If the power of attorney is to be recorded it should be properly acknowledged before an officer the same as a deed.

General Form of Power of Attorney

Know all Men by These Presents, That I, William Brown, of Chicago, County of Cook, and State of Illinois, have made, constituted, and appointed and by these presents do make, constitute, and appoint, George B. Stadden true and lawful attorney for me and in my name, place, and stead, [here state the purpose for which the power is given], giving and granting unto my said attorney full power and authority to do and perform all and every act and

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