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but, if he make his entry according to invoice or his letters of advice, and these prove erroneous, the goods are lost, and he discharged.

The same probity expected from the factor is, by the law, expected from his employer, judging that the act of the one is that of the other: therefore, if a merchant consign counterfeit jewels to his factor, who sells or disposes of them as if genuine, and incurs a loss or damage thereby, the merchant shall not only make it good, but render such other satisfaction as may be adjudged. It is established that a principal shall answer for his factor in all cases; and, in contracts, if a factor buy goods on account of his principal, especially if accustomed to do so, the contract of the factor will compel the principal to a performance of the bargain.

The proceeds of goods sold by a factor must be carefully disposed of. If applied without the limits of his commission, or order, he becomes responsible. Conforming to this, if he be robbed, the act discharges him; and if he buy goods which after suffer injury, the loss becomes that of the merchant. If the factor take money that is false, he must make good the loss; but if the money which he receives be afterwards lessened in value by edict or proclamation, the loss is that of the merchant.

The caution of the factor is particularly required to letters of credit: as to whether for a time limited, or to what value, &c.

It is now held, that, if a merchant remit goods to his factor, and shortly after draw a bill on him, which is accepted, and he then fail, the factor has a general lien upon all goods in his hands for the value of his acceptance, and whatever may be due to him.

Bills remitted to a factor are, while unpaid, considered as goods unsold; and, if the factor become bankrupt, must be returned to the principal, subject to the lien of the factor. Black. Rep. 1154. A factor has a lien on consigned goods for incident charges, and also as an item of general account for balance due to him, so long as he keeps posses sion of them if he part with them, he parts with his lien. 1 Burr. 489. 1 Black. Rep. 104.

If a factor, who enters into a charter-party with a master for freightment personally covenant for the performance of it, he is obliged by the contract; but, if he load abroad generally, the goods, the princi pals, and the lading, are made liable, and not the factor.

If a factor possessing money belonging to his principal receive orders from him to make insurance on ships and goods, so soon as he has loaded, and neglect to do so, he shall make good the damage that may accrue from such neglect. In case of loss he ought not to make a composition without orders from his principal.

Joint-factors are answerable for each other; and one may account without his companion.

A factor should be extremely punctual in the advices of his trans actions, in sales, purchases, affreightments, and especially in drafts by exchange. If he sell on trust, without giving advice thereof, and the buyer fail, he is liable to trouble for his neglect; and, if he draw without advising that he has so done, he may expect to have his bill returned protested. If he deviate from the orders he receives for purchasing goods in any respect; or if, after they are bought, he send them to a different place from that directed to, they must remain for his own account; unless the merchant, on advice, admit them. If he sell a commodity under the price ordered, he may be compelled to make good the difference; and if, on purchasing goods for another, at

a price limited, the price rise, and he take them for his own account, and send them to another part, he will be obliged to satisfy his principal for damages.

Again, if a factor, in conformity with a merchant's orders, buy with his money or credit that which he shall be directed to purchase, and, without giving advice, sell it again to profit, appropriating the advantage to himself, the merchant may recover it from him, and amerce him for the fraud.

If a merchant order his factor to ship him a sum of money, in the current coin of a kingdom, when its exportation is prohibited, and the money be seized, the loss is the merchant's, and not the factor's.

Lastly, if a factor pay the money of a merchant, without his orders, it is at his own risk; so, also, if he lend his cash without leave, although he propose that the interest shall be for the merchant.

All persons who, as agents or factors for others, seek their living by buying and selling, may become bankrupt.

If both factor and consignor become bankrupt, the assignees of the factor have no property in the cargo, and cannot recover from the assignees of the merchant if the latter have sold it and received the purchase money. 1 Term Rep. 783. 4 Brown P. C. 8vo. 47.

A general rule of law being" that property does not change while in transitu," or in the hands of a carrier, a consignment made before the bankruptcy of a consignor, but not arriving till after, remains the property of the consignor, except, indeed, where the delivery is made by the order, and upon the account of the consignee, and be a complete alienation from the consignor. In the case, therefore, of a consignment to a factor, the property remains the consignor's, and passes into the hands of his assignees. If a factor have a lien on goods, he has a right to the price, although received after the bankruptcy. Olive v. Smith, 5 Taunt. 56.

For the protection of merchants making advances upon goods consigned to factors, the 4 Geo. IV. c. 83. provided that such goods shall be deemed to be the property of the person in whose name they are shipped, so far as to entitle the consignee to a lien thereon in respect of any securities given by such consignee, to or for the use of the person in whose name the goods are shipped.

As the law has formerly stood, a factor, as such, had not any authority to pledge, but only to sell, the goods of his principal; and the same rule held with respect to a bill of lading endorsed to a factor by his principal. But the law in this respect is altered, and the factor enabled to pledge in pursuance of a recent act made to amend the above-mentioned act of 4 Geo. IV. c. 83. This statute is the 6 Geo. IV. c. 94. intituled "An act to alter and amend an act for the better protection of the property of merchants and others, who may hereafter enter into contracts or agreements in relation to goods, wares, or merchandise intrasted to factors or agents."

Factors or agents having goods or merchandise in their possession, shall be deemed to be the true owners.-Any person intrusted, for the purpose of consignment or of sale, with any goods, wares, or merchandise, and who shall have shipped such in his own name, and any person in whose name any goods, wares, or merchandise shall be shipped by any other person, shall be deemed to be the true owner, so far as to entitle the consignee to a lien thereon, in respect of any money or negotiable security advanced by such consignee for the use of the person in whose name such goods, wares, or merchandise shall be shipped, or in respect

of any money or negotiable security received by him, to the use of such consignee, in like manner as if such person was the true owner; provided such consignee shall not have notice by the bill of lading, or otherwise, before the time of any advance of such money, or negotiable security, or of such receipt of money or negotiable security in respect of which such lien is claimed, that such person so shipping in his own name, or in whose name any goods, wares, or merchandise shall be shipped by any person, is not the actual and bona fide owner, any law, usage, or custom to the contrary thereof notwithstanding: Provided also that the person in whose name such goods, wares, or merchandise are so shipped shall be taken, for the purposes of this act, to have been intrusted therewith for the purpose of consignment or of sale, unless the contrary thereof shall be made to appear by bill of discovery, or be made to appear in evidence by any person disputing such fact. § 1. Persons in possession of bills of lading to be the owner so far as to make valid contracts.-From and after the 1st of October, 1826, any person intrusted with any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, wharfinger's certificate, warrant or order for delivery of goods, shall be deemed to be the true owner, so far as to give validity to any contract or agreement thereafter to be entered into by such person so intrusted, with any person, body politic or cor porate, for the sale of the said goods, wares, and merchandise, or for the deposit or pledge thereof, as a security for any money or negotiable instrument advanced or given by such person, body politic or corporate. upon the faith of such documents; provided such person, body politic or corporate, shall not have notice by such documents or otherwise, that such person so intrusted is not the actual and bond fide owner. § 2.

No person to acquire a security upon goods in the hands of an agent for an antecedent debt, beyond the amount of the agent's interest in the goods.—In case any person, body politic or corporate, shall, after this act, accept any such goods, in deposit or pledge from any such person so intrusted, without notice as aforesaid, as a security for any debt or demand due from such person so intrusted, to such person, body politic or corporate, before the time of such deposit, then such person, body politic or corporate, so accepting such goods in deposit or pledge, shall acquire no further interest in the said goods, or any such document. than was possessed, or might have been enforced by the said intrusted, at the time of such deposit or pledge; but such person, body politic or corporate, so accepting such goods, in deposit or pledge, shall acquire, possess, and enforce such right, title, or interest as might have been enforced by such person so intrusted. §3.

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Persons may contract with known agents in the ordinary course of business, or out of that course if within the agent's authority.-From and after the 1st of October, 1826, it shall be lawful for any person, body politic or corporate, to contract with any agent, intrusted with any goods, or to whom the same may be consigned, for the purchase of such goods, and to receive the same of and pay for the same to such agent; and such contract and payment shall be binding upon owner, notwithstanding such person, body politic or corporate, have notice that the person making and entering into such contract, or on whose behalf such contract is made, is an agent; provided such contract and payment be made in the usual course of business, and that such person, body politic or corporate, shall not have notice that such agent is not authorized to sell the said goods, or to receive the said purchase money. § 4.

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Persons may accept and take goods in pledge from known agents.--From and after the passing of this act, it shall be lawful for any person, body politic or corporate, to accept any such goods, or any such document as aforesaid, in deposit or pledge from any factor or agent, notwithstanding such person, body politic or corporate, shall have notice that the person making such deposit or pledge is a factor or agent; but then and in that case such person, body politic or corporate, shall acquire no farther interest in the said goods, or any such document, than was possessed or might have been enforced by the said factor or agent, at the time of such deposit or pledge; but such person, body politic or corporate, shall acquire, possess, and enforce such right, title, or interest as was possessed and might have been enforced by such factor or agent. § 5.

Right of the true owner to follow his goods while in the hands of his agent or of his assignee in case of bankruptcy.—Nothing herein contained shall be deemed to deprive the true owner or proprietor of such goods, from demanding and recovering the same from his factor or agent, before the same shall have been so sold, deposited, or pledged, or from the assignees of such factor or agent, in the event of his, her, or their bankruptcy; nor to prevent such owner or proprietor from demanding or recovering of and from any persons, bodies politic or corporate, the price agreed to be paid for the purchase of such goods, subject to any right of set-off on the part of such persons, bodies politic or corporate, against such factor or agent; not* to prevent such owner or proprietor from demanding or recovering of and from such persons, bodies politic or corporate, such goods, so deposited or pledged, upon repayment of the money, or on restoration of the negotiable instrument so advanced or given on the security of such goods, by such persons, bodies politic or corporate, to such factor or agent; and upon payment of such further sum, or on restoration of such other negotiable instrument (if any) as may have been advanced or given by such factor or agent, to such owner or proprietor, or on payment of a sum equal to the amount of such instrument; nor to prevent the said owner or proprietor from recovering of and from such persons, bodies politic or corporate, any balance remaining in their hands, as the produce of the sale of such goods, after deducting thereout the amount of the money or negotiable instrument so advanced or given upon the security thereof: Provided always, that in case of the bankruptcy of any such factor or agent, the owner or proprietor of the goods so pledged and redeemed shall be held to have discharged pro tanto the debt due by them to the estate of such bankrupt. § 6.

Agents fraudulently pledging the goods of their principals.-If any such factor or agent, at any time after the said 1st day of October, 1826, shall deposit or pledge any goods intrusted or consigned to his care or management, or any of the said several documents so possessed or intrusted as aforesaid, with any persons, bodies politic or corporate, as a security for any money or negotiable instrument borrowed or received by such factor or agent, and shall apply or dispose thereof to his own use, in violation of good faith, and with intent to defraud the owner of such goods, every person so offending, in any part of the United Kingdom, shall be deemed to be guilty of a misdemeanour, and being convicted thereof, shall be sentenced to transportation for not exceeding fourteen years, or to receive such other punishment as may by law be

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inflicted on persons guilty of a misdemeanour, and as the court before whom such offender may be tried and convicted shall adjudge. § 7. Not to extend to cases in which the agent has not made the goods a security for any sum beyond the extent of his own lien.-Nothing herein shall extend to subject any person to prosecution, for having deposited or pledged any goods, provided the same shall not be made a security for or subject to the payment of any greater sum than at the time of such deposit or pledge was justly due to such person from his principal: Provided nevertheless, that the acceptance of bills of exchange by such person, drawn by or on account of such principal, shall not be considered as constituting any part of such debt so due from such principal within the meaning of this act, so as to excuse the consequence of such a deposit or pledge, unless such bills shall be paid when due. § 8.

Act not to extend to partners not being privy to the offence.-The penalty by this act annexed to the commission of any offence intended to be guarded against by this act, shall not extend to any partner or other person of any partnership, society, or firm, except only such partner or person as shall be accessory or privy to the commission of such offence. § 9.

Act not to lessen any remedy at law or equity.-Nothing in this act contained, nor any proceeding, conviction, or judgment to be had thereupon, shall prevent any remedy at law or in equity, which any party aggrieved by any offence might have been entitled to against any such offender if this act had not been made, nor any proceeding, conviction, or judgment had been had thereupon; but nevertheless, the conviction of any offender against this act shall not be received in evidence in any action at law or suit in equity against such offender: And no person shall be liable to be convicted by any evidence as an offender against this act, if he shall at any time previously to his being indicted have disclosed any such matter on oath under any compulsory process of any court of law or equity, in any action to which he shall have been a party, and which shall have been bond fide instituted by the party aggrieved. § 10.

COMMERCIAL AGENTS are persons frequently appointed to settle accounts, and dispose of the effects of merchants and other per sons dying or failing in foreign countries, or at home. Their commission terminates with the particular business for which they were engaged, and they generally give security for the trust reposed in them. Agents are likewise appointed by colonies and particular districts, to transact the public commercial concerns of the places from which they are deputed, with the officers of the mother-country to which they belong. It is their duty to preserve the commercial rights and franchises of their principals, to present petitions against any proposed measures detrimental to their interest, and regularly to correspond upon these subjects, and to advise with the merchants and others interested in the countries where they reside. Such are the agents for our West India Islands and other settlements, whose public business lies chiefly with the Board of Trade and Plantations, and the Secretary of State for the Colonies. Of such, also, is the factory of Canton, corresponding with the East India Company.

SUPERCARGOES are persons employed by commercial companies, or private merchants, to take charge of the cargoes they export

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