the factor only, and on the factor's credit. The weight of decisions favors the rule that the several States in the Union are not foreign States to each other as to factors, although they are foreign to each other as to bills of exchange. The factor may buy and sell, sue and be sued, collect money and give receipts in his own name. A broker can do this only in the name of his principal. The factor has a lien on the property for his commissions. The broker has no lien. Neither can delegate his authority. Neither has a right generally to his commissions until the service is completed. If, however, an important part of the service has been performed, and its completion is prevented by some irresistible obstacle, without their fault, they may demand pro rata compensation. They must have discharged all their duties with proper care, skill, and fidelity, before they can have a valid claim for commissions. For injuries resulting from default, they lose their claim for commissions, and the principal is also entitled to recover damages.

8. Attorneys, in an extended sense, include all who are employed to transact business for others. A power of attorney may be given by one person to another, to perform any act which the person granting the power could himself perform. One person, by power of attorney under seal, may authorize another to sell real estate, and make and execute a deed for him and in his name. An attorney is bound to transact the business intrusted to his care with due diligence, and is responsible for carelessness, negligence, or want of skill. An attorney-at-law is an

different States foreign as to factors? As to bills of exchange? What may the factor do in his own name? Can the factor or broker delegate his authority? When are they entitled to their commissions? If an important part of the service has been performed, and its comple tion is prevented by some irresistible obstacle, without their fault? In what manner must their duties have been discharged? For injuries resulting from default, what do they lose? To what further is the principal entitled?

8. What does the term attorneys include in its extended sense? What acts may be performed under a power of attorney? How is the attorney bound to transact the business intrusted to him? For what is he re

officer of the court. He is employed as an agent to transact the business of his clients in court. The agreement of the attorney, within the scope of his employment, binds his client. It is the duty of an attorney-at-law-1. To be true to the court and his client; 2. To manage the business of his client with care, skill, and integrity; 3. To keep his client informed as to the state of his business; 4. To keep the secrets of his client, confided to him as such. If an attorney deposit his client's money to his own private account, he is responsible if the money be lost. If he deposit it to the account of his client, he is not responsible. If discharged by one party, he may act for the other party, provided he makes no improper use of the knowledge obtained in acting for his former client. Like all other agents, he is responsible to his client for any carelessness or negligence in transacting his client's business. He is not responsible for mistakes in doubtful points of law or practice, nor for the fault of council retained by him.

CHAPTER XLIX.

TRUSTEES.

1. TRUSTEES are those who hold property in trust for the use and benefit of others. The party entitled to the benefit of such trust-property is called in law the cestui que trust (pronounced ceti ke trust). Trustees are appointed by the deed or will of the person vesting the

sponsible? Of what are attorneys-at-law officers? For what purpose are they employed? Within what may the attorney bind his client? What are the duties of an attorney-at-law? If the attorney deposit the money of his client in his own name, and it is lost, who is responsible? If he deposit it in the name of his client? If discharged by one client in a suit, can he act for the other party? For what is he responsible to his client? For what is he not responsible?

1. Who are trustees? What is the party entitled to the benefit of such trust called in law? How are trustees appointed? If an estate is

property in the trustees, or by the court. If an estate is vested in several executors, or trustees, they hold the estate as joint tenants. If the title of the trustee be merely nominal, the legal title is in the person who is entitled to the actual possession of the lands, and the rents, issues, and profits thereof. Where the title of the trustee is not merely nominal, but connected with some power of actual disposition or management, the legal and equitable title is in the trustee, subject to the trust.

2. If a conveyance be made to one person in trust for another, no estate vests in the trustee. Express trusts in New York may be created for either of the following purposes: 1. To sell lands for the benefit of creditors; 2. To sell, mortgage, or lease lands, for the benefit of legatees, or for the purpose of satisfying any charge thereon; 3. To recover the rents, issues, and profits of lands, and apply them as the law directs.

3. Real and personal property may be conveyed to any incorporated literary institution in trust for any of the following purposes: 1. To establish and maintain an observatory; 2. To found and maintain professorships and scholarships; 3. For any other specific purpose comprehended within the provisions of their charter. The trust may be created subject to such conditions as are prescribed by the grantor, and agreed to by the trustees. Real and personal property may be conveyed to the corporation of any town, village, or city, to be held in trust-1. For the purpose of education; 2. For the relief of the poor; 3. For parks, or other ornamental grounds; 4. For grounds for military parades. It may be granted upon such con

vested in several trustees, how do they hold? If the title of the trustee be merely nominal, in whom is the legal title? Where the title of the trustee is not merely nominal, but connected with some power, in whom is the title?

2. If a conveyance be made to one person in trust for another, what is the effect? For what purposes may express trusts be created in New York?

3. For what purposes may real and personal property be conveyed to any incorporated literary institution? Subject to what conditions may the trust be created? For what purposes may real and personal prop

ditions as the grantor shall prescribe, and the trustees agree to. All trusts authorized by statute continue for such time as may be necessary to accomplish the purposes for which they were created.

4. The trust estate, and all the legal authority of the original trustees, descends to their successors in office duly appointed. When the purposes for which an express trust shall have been created, shall have ceased, the estate of the trustees will also cease. If one of several trustees die, all the rights, powers, and duties of the trustees vest in the survivors. Upon the death of the last surviving trustee, the court appoint another trustee, who exercises the powers of trustce under the direction of the court. If a trustee has accepted the trust, and he wishes to resign, he must present a petition to the court, praying the court to discharge him from the trust.

5. Upon the petition of any person interested in the execution of a trust, the court may remove any trustee who shall have violated his trust, or for any other cause shall be deemed an unsuitable person to execute the trust. The court may appoint a new trustee in place of the trustee who has resigned or has been removed.

6. The trustee, by accepting the trust, guaranties that he possesses, and that he will exert, that degree of knowledge, diligence, and care reasonably requisite for the proper discharge of the duties he undertakes to perform. There are private trustees and public trustees. A private trustee holds property for a private individual known as

erty be conveyed to the corporations of towns, villages, or cities? Upon what conditions? For what time do trusts authorized by statute continue?

4. To whom does a trust estate descend? When the purposes for which a trust estate has been created have ceased, what is the effect? If one of several trustees die, what is the effect? If all die? If a trustee has accepted the trust, and wishes to resign?

5. Upon whose petition will the court remove a trustee? For what causes? If the court remove a trustee, what further action will the court take?

6. What does the trustee, by accepting the trust, guaranty? What two classes of trustees? Who are private trustees? Who are public trustees?

the cestui que trust. Public trustees hold property for the benefit of the public.

7. The trustee of an estate is bound to secure its reasonable increase. If it lie idle in his hands without cause, he will be charged interest. A trustee cannot purchase property which it is his duty, as trustee, to sell; nor sell the property which it is his duty, as trustee, to purchase. Public and private trustees may so contract as to render themselves personally liable. If the credit was given to the trustee personally, and the creditor was justified in so understanding the case, the trustee must abide the responsibility. An agent who exceeds his authority, and fails to bind his principal, binds himself. On this principle, public trustees who enter into contracts in their official capacity, and so deviate from or exceed their authority as not to bind those for whom they act, bind themselves.

CHAPTER L.

POWER.

1. A POWER is an authority to do some act in relation to lands which the owner granting the power might himself lawfully perform. Any owner of lands, who is capable of performing any act in reference to such lands, may grant a power to another to do the same act. person is capable of executing a power, who would be capable of granting a similar power. Powers are general

Any

7. To what is the trustee bound? If the estate lie idle in his hands? What is the rule as to buying and selling trust property? Can trustees render themselves personally liable on these contracts? When must the trustee abide the responsibility? If an agent exceed his authority, and fail to bind his principal, what is the effect? If a trustee exceed his authority, and does not bind those for whom he acts, what is the effect?

1. What is a power? Who may grant a power? Who may execute a power? When is a power general? When is a power special? When