A debt sometimes arises from a Letting out and a Hiring:[407] as when any one lets out a thing to another for a certain period, in consideration of receiving a certain reward. In such case, the former is bound to concede the use of the thing, and the latter to pay the price. But, it should be observed, upon the expiration of the term stipulated, the former may lawfully and of his own authority resume possession of his property.[408] But, if the person engaging to hire the thing should not pay the price at the appointed time, it may be asked, whether the other party can in such case forcibly resume possession by his own authority?
But we briefly pass over the foregoing Contracts, arising as they do from the consent of private individuals; because, as it has already been observed, the King’s Court does not usually take cognizance of them; nor, indeed, with such Contracts, as may be considered in the light of private Agreements, does the King’s Court intermeddle.
Book XI.
OF ATTORNIES, WHO ARE PUT IN THE PLACE OF THEIR PRINCIPALS IN COURT, TO GAIN OR LOSE FOR THEM.
CHAP. I.
The Suits discussed in the former part of this Treatise concern the Right and Propriety of the thing, which a person may prosecute, as indeed, some other Civil Pleas, as well by himself, as by an Attorney[409] put in his place to gain or lose. But the person, who thus puts another in his place, ought to be present[410] in Court.
It is usually done in the presence of the King’s Justices of the Common Pleas. But on no account, otherwise than as having been appointed by his Principal, when present in Court, ought any one to be received as an Attorney.[411] It is not requisite, that the adverse party should on that account be present in Court;[412] nor, indeed, the person who is so put in the place of the other, if he be known to the Court. One person alone may be put in the place of another; or two or more, either collectively or separately; so that, if one of them is unable to attend, the other or others may follow up the Plea. Through the medium of such an Attorney, a Plea may be commenced in Court, and determined, whether by Judgment, or final Concord; and that, as fully and effectually, as by the Principal himself.
But, it should be understood that, it will not suffice for any one to constitute another his Bailiff[413] or Steward[414] for the managing his Lands and affairs, even if it be made to appear to the Court, in order that he should be received in Court in any Suit in the place of his Principal.[415] But, it is necessary that, a special authority should be delegated for this purpose; and that the Attorney should, in the manner before described, be put in his place, expressly in that particular Action, to lose or gain for him.