•44 A G E N C Y . Book XXIII.
C N A P. III.
Of the Appointment of Agents for Litigation and for
Seizin.— {Khafoomat, or Litigation, means, a Conver-
fation carried on between two Perfons in the way of
Contention and R if agreement.)-
Agency for
litigation im-
plies and in*
volves an
agency for
teixin.:
(but decrees
are paffed on
the contrary
principle in
in the prefent
times.)
I f a perfoh appoint another his'agent to-contend-for fomething in- his
behalf, the perfon fo appointed is held, in the opinion of all our doctors,
tq^be alfo an agent for the feizin of that thing, whether it be debt
or fubjlance.— alleges that he cannot be confidered as- an agent-
for feizin, lince his conflituent acquiefces only in his agency for- litigation.
in his behalf.— Litigation, moreover,- is one-concern, and feizin
is another concern; and the conflituent exprefles his acquiefeence in
the. litigation, but not in the feizin ..' The argument of our dodtors is
that wh en a perfon becomes empowered with refpedt- to any thing, he
neceflarily becomes empowered-with refpedt to the completion of that
thing; and. the endand completion.of a contention for any thing is the
feizin- of that thing.— In the prefent age decrees pafs according to the
opinion of Z ijfer; becaufe of, the apparent want of probity of agents in-
this age; and alfo, becaufe many men may be trufl-worthy in regard''
to the management of a contention,- and not with refpedbto the feizin
of property.— It is to be obferved that an agent for litigation is analogous
to an agent for exacting- the payment of a- debt ; becaufe he alfo
is competent to the feizin, in as much as the feizin of a debt is in effedt
included in the fuing for the payment of it. The common acceptation
of the word, however, is different, becaufe from JaZ-asa [exadt- ■
ing.by means of a fuit at law], feizin. is not generally underflood; and ,
the-
Chap. III. A G E N C Y,-
the common acceptation mud be preferred to the virtual-meaning—
According to the decrees in this age, therefore, he is not an agent for
feizin» .
If there be two- agenfs for litigation', they are in that cafe re--
quired jointly to receive feizin of the thing w h ich is the objedt of
contention; becaufe the conflituent has exprefled his acquiefeence in
the -probity of them both jointly, and not in that of either of them
fmgly,. and as-the conjundtion of both, with refpedt to feizin, is practicable,
they mull therefore take poffeffion together.— It is ot-herwife
with refpedt to the mere litigation, becaufe their joint adtion is in that.:
particular impradticable,, as has been already demonflrated.-
4 <5
W h o e v e r .is an agent in.behalf o f another for the feizin of a debt An agent em;
° . . . . ' powered to
due to him, is alfo an agent for litigation in behalf o f that perfon, ac- take poffef-,
cording to Haneefa;, (whence it is that i f the other party bring evi- j!°aifb an C
dence. to prove that the conflituent had received payment of his debt; aSent for l,l!~
or had given.the.creditor an acquittal, fuch evidence,, in the opinion
of Haneefa, would be admitted.)— T h e two difciples maintain that
the agent in.queflion is not an agent for litigation-,■ (and fuch alfo is
reported, by Hafan, from Haneefa;). becaufe feizin and litigation are
different things; and it does not-follow that a perfon, from being trufl-
worthy with regard to property, fhould alfo be fkilled-in the bufinefs
©f litigation- T h e acquidfeence of the conflituent, therefore, in the
agency for feizin , does not neceflarily involve his acquiefeence in the
agency, for litigation.— The argument of Haneefa is that an agent foir
the feizin. of a debt is an agent for theTubflantiation of property
(that is,, he is an agent for the receipt of a confideration for a debt
which is the right of the creditor,, in order that fuch confideration
may become the property of the creditor ; becaufe it is impoflible to *
receive the aEiual fubfance of the debt; and hence whatever, he re- -
ceives in the difeharge of the debt becomes, the property.of the credi--
tor; and as this, is a . compenfation., or contract o f exchange, the agenty