—
For tlic couditions uiidor which substitutes are allowed for delivery of bills of divorce, see Divokce. 2. The powers of an asent may be revoked at any time, and whatever he does after revocation is not binding upon the principal. However, the revocation takes ellect only from the time that it is brought home either to the agent or to the person with whom he deals (compare rules in ^lishnah Git. iv.
1,
A^eda A^es of Man
THE JEWISH ENCYCLOPEDIA
233
with reference to the recalling of a bill of divorce from the hands of the mcs-sen-
ger sent to deliver it). But when a deed of manumission is handed to an agent for delivery to the bondman, it can not be recidled for a person may l)e benetited in his absence: hence, the mere delivery to the agent gives the liondman his freedom (ift. i. 6). As in the Homan and in the English-American law, the death of the principal ends at once all the powers of the agent, and the heirs are in no wise bound by what he does tlicreafter, nor can they benefit by his acts such as taking possession of land or chattels unless they adopt him as their agent {ih. and see Git. VAit it Kef/.). But a request to an agent to make a gift of money to a jiersou named is not revoked by death, it being carried out as the wish of a dying man while a manumission luider like circumstances could only take ellect by delivery of the deed. The authority of a subagent is not terminated by the death of the interme<liate, but only by the decease of the principal. Th<- power of an attorney holding a hitiiihiiiih to carry on an action does not lapse by the death of the principal as he is. in form at least, an
Revocation.
—
and acts in his own right. 3. It is a general i)rinciplc that the agent who acts outside or beyond the power given to him "does not etfect anything"; in other words, his acts are void, and neithi'r bind nor benetit his principal. In construing the powers of an agent Extent of especially those of one who is ema.s-signee
—
Powers,
ployeil to
— the
tirst
buy or rule
is
principal that the principal is
sell for his
supjiosed to have his own profit in view when he appoints an agent, and that he sjiys to him in effect, "I sent thee out to gain, not to lose"(Ket. 99'< f < )Mi»»iiii) When the agent exceeds his authority, his act is void; l)ut tliis occurs only when he disAs it is presumed that the agent closes the agi'ucy. is not to act so as to cause a loss to his principal, a transaction negotiated by an agent may bi' set aside if the other i)arty to it be guilty of "overreaching." even though to an amount less than one-si.lli of the value, which is the limit allowed between parties dealing with each other in person, and though the purchase or sale be of land or of a bond, to which the law on overreaching <hies not apply. Hut the prini'ipal is prot<'(ie(l in this way only when those dealing with the agent arc apprised of hiseliani<'ter. When one is entrusted w illi liis principal's money or goiKls, and lieals with llaiu as with his ow n w ilhout disclosing his principal, the person dealing with him has the same rightsas if he dealt with the |irincipal; and if the agi^nt exceeds his authority, or disregards the implied limitation not to involve his principal in losses, the latter nuist look tci thr aginl alone for redress (Maimoniiles, " Yad lia-Ha/.akali, llilkot She luhin," ii. 4). Any one appointing an agent may confer upon him wider ]>owers. agreeing befi>rehand to any transai'tions into which he may enter; in thiscase the principal is bound by all the bargains which the agent may make, whether good or bail (i'/». i. 3). .mong later casuists the opinion gained ground that one who has ilralt with an agent may. in a (lis pule with the principal, claim that he has given to .
the agent this wider authority; and the principal will have to bring witnes.ses to the contrarj', if he wishes to be relieved of the agent's bad bargain ("Hoshen Mishpat," SS 182-184). 4. Xo distinction .seems to be made between paid and unpaid agents in their duty of protecting faithfully the interests of the principal. Duty of Thus, when an agent is entrusted with Agent to money to purchase land, it is underPrincipal, stood that such a purchase must be accompanied by the usual warmnty of title {aluirnj/iit); if he buys without a warranty deed, his principal, if he desires to keep the land, may insist on the agent's tirst taking it in his own name and then conveying it with his own warranty (Maimoni<les, I.e. i. 3," derived from B. H. 169i). In cases where an agent is sent out to buy an article of known ti.xed price, and the seller supplies him with a greater quantity, the excess is divided between principal and agent; where the price is not ti.xed, the whole excess goes to the principal. If an agent is entrusted with money to buy certain goods and he buys them for himself, he must surrender them; but when ordered to buy land and goods, if he puts his principal's money aside, and buys with his own money, he is considered a swindler, but no redress can be obtained. Such an act may even be blameless if the seller happens to dislike the priucipal. and is unwilling to sell to him, but is willing to ih'al with the agent. If an agent sent out to buy wheat buys barley, or vice versji, the priiuipal may claim the jirotit if there be any, but he is jiermitted to throw the loss on the agent. A factor w ho has bought goods for his principal and stores them carelessly, so that they are injured by dampness, etc., is liable for the resultant loss ("Hoshen Mishpat," /.c). 5. man may betroth a woman to himself in person or by pro> y through an agent; a woman maybe betroilied in person or through Non-Com- her agent (who accepts the coin or mercial ring or anything of value under auAgeucies. thority from her); a father can I)etroth his daughter while she is a girl (between twelve and twelve and a half), either himself or through his agent (ilishnah Kid. ii. 1). The messenger through w horn a bill of divorce is sent by the husliand for delivery to the wife, or who is sent by the wife to bring or to accept it, can not properly be called an agent but agency enters into the law of divorc<> very broadly in the chapters of the Talnuid in Gittin. For agency in divorce, see DlvciniK. Betrothals of either party through an agent ceased long ago among Jews. For the relation of an agent toward his principal in cases of taking possession, see Ai-IEN.tion.
A
Dini.ioiiKAiMlv
I..
M.
Shiirimii.s In
Jrw. Qrutrt.
Ttrr. r.
V n
AGES OF MAN IN JEWISH LITERATURE. THE SEVEN The Biblical allusions to
the ari(iusslaL'e>olliuiiian life(.Ier. vi. 11, Ii. 22; Ps. c.xlviii. 12) ami the metaphors in Holy Writ concerning man in all his jihases are brought together in Low's "Pie Lebeiisalter," pp. 12- '20 (see .VoK, " oiTii). In the Talmud. Ihe idea of "agi's of men "; is i'Xpres.s<-il by the word piQ (litendly "to break To the rabbis, a eom|)are especially Obad.. 14).
threefolddivisionof human life, viz., boy IkmhI, youth, and old age, seemetl more acceptable than any other. In Ihe earlier Midnishini live periods are mentioned: D':pt. D'">y3. D*Jt2p. D'lina. CS'PJV iTiui. to Ex.. .cl. In Ihe siime work (introduclion .Slitlin, p. l^Ui LOw, " Lebcn.salter." to Haa/.imi; PcsHi. U. xx.
