Ing a charterer for the ship, unless the owner think proper to con-

clude a charter-party Avith him : (a) in these cases the usage is

looked on as incorporated into the contract of agency. But we

have seen, that in ordinary cases the agent, if he act with compe-

tent discretion and fidelity, and without deviating from the regular

course of business, will not be answerable for any loss that may

occur to his employer's property, and will, notwithstanding such

loss, be entitled to his commission.

Besides commission, he has a right to charge his principal with

all advances made by him in the regular ccxrse of his employment

I say in the rerjular course^ for such advances the principal who

deputed him in a business where they are necessary has impliedly

requested him to make, (h) Such are the charges for duties, ware-

housing, and porterage ; concerning the first of which it has been

said, that if an agent at his own risk evade the payment of the

foreign customs, he may charge them to his principal as paid;(c)

but not so of home customs, for that would be a fraud upon the

king, {d) However, the former part of this proposition has been

questioned, (e) and appears very questionable. But though the

principal's request may be inferred, where the advances are made

In the regular course of trade, or even on the spur of some pressing

exigency, not provided for by any ordinary rule, since the employer

may fairly be taken to have authorized the employed to do, under

any circumstances, that which a prudent man would conceive ne-

cessary for the safeguard of his interests, ex. gr. to insure a cargo,

which is in extraordinary danger on account of the lateness of the

(a) Broad v. Thomas, 1 Bingh. 99. Read v. Rann, 10 B. & C. 440. Lloyd and

"Welsh}', 121. Dal ton v. Irvin, 4 C. <fe P. 289 ; and see 8 C. & P. 1. In some cases a

doubt has arisen, whether on the special framing of the contract the agent or servant

•was not left to his emploj'er's mercy in respect of his remuneration. See Bryant v

Flight, 5 M. & "W. 114. Taylor v. Brewer, 1 M. & S. 290.

(b) See Sutton v. Tatham, 10 A. & E. 27.

(c) Smith V. Oxenden, 1 Ch. Ca. 25 ; Eq. C. Ab. 369. See Boulton v. Arlesden, 3

Balk. 235 ; Skinner, 149.

((/) Borr V. Vandall, 1 Ch. Ca. 30 ; Eq. Ca. Ab. 370

{r) 13 Viner's Abr. 3, by Lord North.

IQQ MERCANTILE PERSOIS^S.

Rights of Agent agciinst Principal.

season ; (/) yet, if an agent think fit to make a payment out of the

regular course of business, lie will not, unless he can show circum-

stances from which his principal's authority may be inferred, be

entitled to repayment, (g) Moreover, though he is entitled to be

repaid his regular expenses, yet, if he conduct himself so negligently

In his employment as to incur expenses which would not have

been necessary had he acted rightly, he will be allowed nothing on

account of them. (A)

An agent is entitled to indemnity when acting in obedience to

the lawful orders of his principal,* or when, in conformity to that

(/) Wolff V. Horncastle, 1 B. & P. 323.

(g) French v. Backhouse, 5 Burr. 2*727. Edaiiston v. "Wright, 1 Camp. 88. How-

ard V. Tucter, 1 B. & Ad. 112. Child v. Moiiej, 8 T. R. 610. "Wilson v. Creighton,