Imágenes de páginas
PDF
EPUB

of the owner to guard against danger, is evident that he considers the risk to be bis ; as cutting a bank bill in two, to send by the post at different times.

Universally, unless a promise, either express or tacit, can be proved against the agent, the loss must fall upon the owner.

The agent may be a sufferer in his own person or property by the business which he undertakes; as where one goes a journey for another, and lames his horse, or hurt himself, by a fall upon the road ; can the agent in such case claim a compensation for the misfortune? Unless the same be provided for by express stipulation, the agent is not entitled to any compensation from his employer on that account: for where the danger is not foreseen, there can be no reason to believe, that the employer en. gaged to indemnify the agent against it ; much less where it is foreseen : for whoever knowingly un. dertakes a dangerous employment, in common construction takes upon himself the danger and the consequences ; as where a fireman undertakes for a reward to rescue a box of writings from the, flames; or a sailor to bring off a passenger from a ship in a storm.

c H A P,

CH A P. XIII.

CONTRACTS OF LABOU R.

PARTNERSHIP.

T KNOW nothing upon the subject of partnership I that requires explanation, but in what manner the profits are to be divided, where one partner contributes money, and the other labour; which is a common case."

Rule. From the stock of the partnership deduct the sum advanced, and divide the remainder between the monjed partner and the labouring partner, in the proportion of the interest of the money to the wages. of the labour, allowing such a rate of interest as money might be borrowed for upon the same security, and such wages as a journeyman would require for the same labour and trust.

Example. A advances a thousand pounds, but knows nothing of the business ; B produces no money, but bas been brought up to the business, and undertakes to conduct it. At the end of the year the stock and the effects of the partnership amount to twelve hundred pounds; consequently there are two hundred pounds to be divided. Now nobody would lend money upon the event of the business succeeding, which is A's security, under six per cent.-Therefore A must be allowed fixty pounds for the interest of his money. B, before he engaged in the partnership, earned thirty pounds a year in the same employment ; his labour therefore, ought to be valued at thirty pounds; and the two hundred pounds

must

must be divided between the partners, in the proportion of sixty to thirty ; that is, A must receive one hundred and thirty-three pounds six shillings and eight-pence, and B sixty-fix pounds thirteen shillings and four-pence.

If there be nothing gained, A loses his interest, and B his labour, which is right. If the original stock be diminished, by this rule B loses only his labour as before ; whereas A loses his interest, and part of the principal: for which eventual disadvantage A is compensated, by having the interest of his money computed at six per cent, in the division of the profits, when there are any.

It is true, that the division of the profit is seldom forgotten in the constitution of the partnership; and is therefore commonly settled by express agreement : but these agreements, to be equitable, should pursue the principle of the rule here laid down.

All the partners are bound by what any one of them does in the course of the business; for quoad boc, each partner is considered as an authorized agent for the rest.

CH A P.

[merged small][merged small][ocr errors]

I N many offices, as fchouls, fellowships of colleges, I profilurihips of the universities, and the like, there is a two-fold contact, one with the founder, the other with the electors.

The contract with the founder obliges the incum. bent of the office to discharge every duty appointed by the charter, ftatuies, deed of gift, or will of the luunder ; becaule the endowment was given, and cordiquently accepted for that purpose, and, upon chef cor ditions.

The contract with the electors extends this obligation to all duries that have been cultimarily connected with and reckoned a part of the office, though not prescribed by the founder: for the electors expect from the periun they choose, all the duties which his Predeceitors have discharged, and as the person elected citot be ignorant of their expectation, if he men to refuse this condition, he ought to apprile them of his aby crion.

A'd bere ke it be oblerved that the electors car ixruie the conscience of the perion clected from wis lat cials of duties orily; because this c!uis rcfulis from a contract, to which the clec1015 a'd the person elected are the only partics. The other clats of duties results from a diferent 00: tant.

It is a question of some magnitude and difficulty, what offices may be conscientiously supplied by a deputy.

We will state the several objections to the subfti. tution of a deputy; and then iç will be understood that a deputy may be allowed in all cases, to which these objections do not apply.

An office may not be discharged by deputy,

1. Where a particular confidence is reposed in the judgment and conduct of the person appointed to it ; as the office of a steward, guardian, commander in chief by land or sea.

2. Where the custom hinders ; as in the case of schoolmasters, tutors, and of commissions in the army and navy.

3. Where the duty cannot from its nature, be so well performed by a deputy; as the deputy governor of a province may not possess the legal authority, or the actual influence of his principal.

4. When some inconveniency would result to the service in general from the permission of deputies in such cases : for example, it is probable that military merit would be much discouraged, if the duties belonging to commissions in the army were generally allowed to be executed by substitutes.

The non-residence of the parochial clergy, who supply the duty of their benefices by curates, is worthy of a more distinct consideration. And, in order to draw the question upon this case to a point, we will suppose the officiating curate to discharge every duty, which his principal, were he present, would be bound to discharge, and in a manner equally beneficial to the parish ; under which circumstances, the only objection to the absence of the principal, at least ihe only one of the foregoing objections, is the last.

[ocr errors]

And,

« AnteriorContinuar »