Agency

contracts, is an agreement, express or implied, by which one of the parties, called the principal, confides to the othér denomi- ‘nated the agent, the management of some business, to be transacted in his name, or on his account, and by which the agent assumes to do the business and to render an account of it. When the agency is express it is created either by deed, or in writing not by deed, or verbally without writing.

3 Chit. Com. Law, 104; 9 Ves. 250; 11 Mass. Rep. 27; Ib. 97, 288; 1 Binn. R. 450.

When the agency is not express, it may be inferred from the relation of the parties and the nature of the employment, without any proof of any express appointment.

1 Wash. R. 19; 15 East, R. 400; 5 Day’s R. 556.

The agency must be antecedently given, or subsequently adopted; and in the latter case there must be an act of recognition, or an acquiescence in the act of the agent, from which a recognition may be fairly implied. 2 Kent, Com. 478; Paley on Agency; Livermore on Agency. _ AGENT, practice; an agent is an attorney who transacts the business of another attorney. The agent and that all his transactions in that character, shall be distinguished by punctuality, honour and integrity. Lee’s Dict. of Practice. The rules of the supreme court of the state of New York require that every attorney shall have an agent in such place where there is a clerk’s office, except in the cify or town where such attorney keeps his office; such agent must be an attorney of the court, or deputy clerk in the clerk’s office.

Rule 7; Graham’s Pr. 34.