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in the last section, unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service. En. March 21, 1872.

Cal.Rep.Cit. 119, 650.

ARTICLE IV.

OBLIGATIONS OF AGENTS TO THIRD PERSONS. $ 2342. Warranty of authority. $ 2343. Agent's responsibility to third persons. $ 2344. Obligation of agent to surrender property to third person.

2345. Code provisions governing.

$ 2342. Warranty of authority. One who assumes to act as an agent thereby warrants, to all who deal with him in that capacity, that he has the authority which he assumes. En. March 21, 1872.

Damages for breach of warrant of authority: Post, sec. 3318.

$ 2343. Agent's responsibility to third persons. One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:

1. When, with his consent, credit is given to him personally in a transaction;

2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or,

3. When his acts are wrongful in their nature. En. March 21, 1872.

Master of ship personally liable: Post, sec. 2382.

$ 2344. Obligation of agent to surrender property to third person. If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he must, on demand, surrender it to such person, or so much of it as he has under his control at the time of demand, on being indemnified for any advance which he has made to his principal, in good faith, on account of the same; and is responsible therefor, if. after notice from the owner, he delivers it to his principai En. March 21, 1872.

Ante, secs. 1822,

Compare with sections on deposit: 1825, 1826.

$ 2345. Code provisions governing. The provisions of this article are subject to the provisions of part I, division first, of this code. En. March 21, 1872.

See ante, secs. 25-42.

ARTICLE V.

DELEGATION OF AGENCY. $ 2349. Agent's delegation of his powers. $ 2350. Agent's unauthorized employment of subagent. § 2351. Subagent rightfully appointed, represents principal.

$ 2349. Agent's delegation of his powers. An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:

1. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the subagent can lawfully perform;

3. When it is the usage of the place to delegate such powers; or,

4. When such delegation is specially authorized by the principal. En. March 21, 1872. Cal.Rep.Cit. 92, 113; 102, 322; 110, 251; 124, 685; 124, 686;

124, 687. Subd. 4–124, 684. 8 2350. Agent's unauthorized employment of subagent. If an agent employs a subagent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter. En. March 21, 1872.

See ante, sec. 2022.

$ 2351. Subagent rightfully appointed, represents principal. A subagent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the subagent. En. March 21, 1872.

Civ. Code-21

ARTICLE VI.

$ 2355. $ 2356.

TERMINATION OF AGENCY.
Termination of Agency.
Same.

$ 2355. Termination of agency. An agency is terminated, as to every person having notice thereof, by:

1. The expiration of its term;
2. The extinction of its subject;
3. The death of the agent;
4. His renunciation of the agency; or,

5. The incapacity of the agency [agent] to act as such. En. March 21, 1872.

Cal.Rep.Cit. 69, 230. Subd. 4-121, 328.

$ 2356. Same. Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated, as to every person having notice thereof, by:

1. Its revocation by the principal;
2. His death; or,
3. His incapacity to contract. En. March 21, 1872.
Cal.Rep.Cit. 70, 258; 70, 260; 75, 368; 89, 255; 92, 144;

131, 325.

CHAPTER II.

Article I.

II.
III.
IV.

PARTICULAR AGENCIES.
Auctioneers, $$ 2362-2363.
Factors, $$ 2367-2369.
Shipmasters and Pilots, $$ 2373-2385.
Ships' Managers, $$ 2388-2389.

ARTICLE I.

AUCTIONEERS. $ 2362. Auctioneer's authority from the seller. § 2363.

Auctioneer's authority from the bidder. $ 2362. Auctioneer's authority from the seller. An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller only as follows:

1. To sell by public auction to the highest bidder;

2. To sell for cash only, except such articles as are usually sold on credit at auction;

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3. To warrant, in like manner with other agents to sell, according to section 2323;

4. To prescribe reasonable rules and terms of sale; 5. To deliver the thing sold, upon payment of the price; 6. To collect the price; and,

7. To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes.

En. March 21, 1872. See Pol. Code, secs. 3284 et seq.

$ 2363. Auctioneer's authority from the bidder. An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of the contract, as prescribed in the title on Sale. En. March 21, 1872.

Concerning auctioneers: Pol. Code, secs. 3284-3324.

Entries by auctioneer: See ante, sec. 1798; and see generally the chapter on “Sale by Auction," ante, secs. 1792-1798.

ARTICLE II.

FACTORS. 2367. Factor, what.

2368. Actual authority of factor. i 2369. Ostensible authority.

$2367. Factor, what. A factor is an agent, as defined by section 2026. En. March 21, 1872.

$ 2368. Actual authority of factor. In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted: 1. To insure property consigned to him uninsured;

2. To sell, on credit, anything intrusted to him for sale, except such things as it is contrary to usage to sell on credit; but not to pledge, mortgage, or barter the same; and,

3. To delegate his authority to his partner or servant, but not to any person in an independent employment. En. March 21, 1872.

Cal.Rep.Cit. 66, 461. Subd. 2–55, 424.
See post, sec, 2991.

$ 2369. Ostensible authority. A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership. En. March 21, 1872.

Cal.Rep.Cit. 52, 589; 55, 424; 61, 420; 66, 460; 66, 461.

ARTICLE III.

SHIPMASTERS AND PILOTS.

$ 2373. Authority of shipmaster on behalf of shipowner.
$ 2374. Authority to borrow.
§ 2375. Authority on behalf of owners of cargo.
$ 2376. Power to make contracts.

2377. Power to hypothecate.
§ 2378. Master's power to sell ship.

2379. Master's power to sell cargo.

2380. Authority to ransom ship.
§ 2381. Abandonment terminates master's power.
§ 2382. Personal liability for contracts concerning the ship.
$ 2383. Liability for acts of persons employed upon the sh.p.

2384. Responsibility for negligence of pilot.
2385. Obligations of shipowner to owner of cargo sold.

$ 2373. Authority of shipmaster on behalf of shipowner. The master of a ship is a general agent for its owner in all matters concerning the same. En. March 21, 1872.

Note.—This article is chiefly confined to defining the authority of shipmasters. His duties will be found in secs. 2034-2044, ante.

$ 2374. Authority to borrow. The master of a ship has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay. En. March 21, 1872.

$ 2375. Authority on behalf of owners of cargo. The master of a ship, during a voyage, is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, but he cannot sell or hypothecate the cargo, except in the cases mentioned in this article. En. March 21, 1872. Am'd. 1873-4, 251.

2376. Power to make contracts. The master of a ship may procure all its necessary repairs and supplies, may

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