A conftituent may difmifs
his agent at
pleafure; except
where
the right o f
another per -
fon is concerned.
An agency
continues in
force, until
the agent receives
due
notice o f his
difmiffion.
C l ! A T. IV.
Of the Difmiffion of Agents.
I t is lawful for a conftituent to difmifs his agent, becaufe the agency
being his right* he may confequently, if, he pleafe, annul it,* except
intr, however, when the right of another is interwoven with .it;; as
.where the agent is an agent fo r litig ation, .appointed at the requeft qf the
plaintiff, in which cafe the conftituent (who .is the defendant) qannat
difmifs,the faid.agent, becaufe of the.connexion of the right of the
plaintiff, fince, if he fhould difmifs him, the right of the plaintiff
would be fet at nought. T h e agency in thi^.inftance, therefore,
refembles agency interwoven with a contract of pawnage, by the
pawner, at the time of fettling the contraft of pawnage, appointing a
perfon his agent for the purpofe of felling the pledge, and with the
price fo obtained difeharging the debt due to the pawn-holder; in which
cate, as the right of the pawn-holder is connected with the agency,. it is
in the power of the conftituent to difmifs fuch an agent; and foalfo in
the prefent inftance.
I f a conftituent difmifs his agent, and the agent ihould not receive
any intelligence of it, his agency continues . in.foice until- he
be apprifed of his difmiffion; and all his adts until then aie binding,
as his ditmiftion is a detriment to him; becaufe it annuls his
power of adtion; and alfo, becaufe the rights of contrails of purchafe
and fale appertain and refult to him; and accordingly, an agent for
purchafe does himfelf pay the price-from the eftate of the conftituent,
and an agent for fale delivers the fubjedt of the fale to the purchafer,
if, therefore, the diftniffion were to operate inftantaneoufly, without
his intelligence, and he fhould, under thefe circumftances, either
make a payment of the price, or delivery of the goods, he muft, in
fuch cafe, become refponfible, which is an injuryjto him.— It is to be
obferved that agents for marriage, or the like, are in this refpect
confidered in the fame light.— A queftion has been ftarted whether
it is requifite that the notification of the ■ difmiflion of an agent be
made by two men, or by one upright man; but as the law, on this
head, has already been laid down in treating of the duties of the Kdzee,
(under the head of Decrees relative to Inheritance,) it is here unnecef-
fary to repeat it. </.
If a conftituent die, or become an abfolute idiot, or having apoftathing
of an abfolute or irrevocable nature, fince it is in the power of
the conftituent, without the confent of the agent, to difmifs him;
and foch being the cafe it neceflarily follows that the exiftence of it
muft depend on the exiftence of the power which created it originally,
as it is requifite that the conftituent fhould, during every moment of
its exiftence, continue to poffefs the fame power or capacity with re-
fpefl to its formation, as he did at the beginning;— and this power or
capacity ceafes in confequence of the abovementioned accidents.— The
abfolute idiotifm here mentioned is conditioned by Kadoore, as a fn a ll
degree of it ftands only as a temporary deprivation offenfe.— The limit
of abfolute-idiotifm, according to Aboo Toofaf, is fixed at one month,
fince by that fpace of lunacy the duty of falling is remitted.— It is alfo
related, as an opinion of Aboo Toofaf, that its limit is no more than
one night and one day, fince by that fpace of idiotifm the obfervance
of the five ftated prayers is remitted,— whence it is that an idiot in
that degree is confidered as defund.— Mohammed lias faid that the
limit ought to be extended to a complete year, fince in that fpace of
time idiotifm occafions the omiflion of all the religious duties preferibed
VOL. III. I , t O
A com million
I 1 I Ä ™
i l l *
o f agency is i: A j H
annulled by
the death, ' ?' i ' l l
confirmed I
lunacy, or
apoftacy o f
the conftitul
l i h ’l
ent:
m m m
■ I