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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 therefore 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.

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 effect. 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.

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 * Fawcett v. Cash, 5 B. & Ad. 904.

sign his name in the book, or affix his mark, if he is satisfied with the conditions proposed. Such a book has come into use since the passing of the Employers' Liability Act, 1880. (See chap. xvi.)

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

18 9 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

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ments, I agree to serve the said Mr. A. B. from the 18 and to obey all lawful orders of my said master and his agents, and overmen duly authorised, and to obey and keep all the rules duly established by law for the regulation of this colliery, subject always to a notice of weeks to be given on either side before leaving or being discharged from this colliery, except for lawful cause."

There is good reason to believe that such a consideration as that expressed above would uphold the contract to serve; for the judgment of Lord Campbell in the case of Ex parte Baily (which will presently be referred to more particularly), appears to go to this

extent.

Unwritten and implied Contracts.-The importance of having a written contract is great, though it is not now a necessary condition of proceeding against a

collier under the Master and Servants Act, for not entering upon the service for which he has contracted. It also puts an end to all uncertainty as to the terms and conditions on either side. But as, unfortunately, this practice is not generally adopted, it is proper to state that if a collier of the district asks for employment at the office, and is simply told that he may go to work in some specified part of the workings, and he goes without further question, it will be considered that he accepts that employment on the basis of the customs and usages of that district and colliery as to pay, hours, notice, &c., provided he continues to work and receive pay for such a period as to raise the presumption that he must have acquainted himself with the customs there prevalent, and with the course of business in the particular pit.

There are many cases in which usage is allowed to be engrafted on the contract in addition to the express terms. The usage can be excluded by stipulations, but when that is not done, it is fair to infer that the parties contracted with reference to it. The notoriety

of a custom makes it part of the contract.

The parties are justly supposed to include in their agreement all the conditions which established custom has annexed

But the Courts never

to contracts of the same kind. admit evidence of usage which is incompatible with the written contract. When a stipulation is inconsistent with the custom of the country or well-known usage in the trade of a district, the contract must prevail, and the customs give way.

In the case of a new collier, recently brought into the work, to whom no pains have been taken to state

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