to confess judgment, though it be not revocable by *647 the *act of the party, is nevertheless revoked by his death; and all that the courts can do is to permit the creditor to enter up judgment as of the preceding term, if it was prior to the party's death. Such a power is not in the sense of the law, a power coupled with an interest.b

of his principal, of which he was ignorant, are binding upon the parties. Cassiday v. McKenzie, 4 Watts & Serg. 282. The broad principle is here inculcated that the determination of an agency by death, like an express revocation, takes effect only from the time of notice. the rule of the civil for the rule of the common law.

This is substituting

Nichols v. Chapman, 9 Wendell's Rep. 452. Oades v. Woodward, 1 Salk. Rep. 87. Puller v. Jocelyn, 2 Str. Rep. 882. Hunt v. Ennis, 2 Mason's Rep. 244. But though a warrant of attorney to confess judgment, given by two persons, be revoked by the death of one of them, such a warrant, given to two persons, is not revoked by the death of one of them. Gee v. Lane, 15 East, 592. Raw v. Alderson, 7 Taunt. Rep. 453. The law of principal and agent has been extensively considered, and the judicial decisions at Westminster Hall digested in several English works; but the treatise of Mr. Livermore on the Law of Principal and Agent, published in two volumes, at Baltimore, in 1818, is a work of superior industry and learning. He has illustrated every part of the subject by references to the civil law, and to the commentators upon that law, and he has incorporated into the work, the leading decisions in our American courts. The treatise on the Law of Principal and Agent, by Mr. Hammond, of New-York, published in February, 1836, is of still more useful application, by reason of his extensive view of all the principles and cases applicable to the subject, brought down to the present time. He has drawn largely from Paley's treatise, and the notes of the learned editor, Mr. Lloyd, but the digest of the American cases, which are very numerous, gives the work a decided superiority. Paley's Agency, with Mr. Lloyd's notes, was in 1847 greatly enlarged by the learned labours of Mr. Dunlap, and his edition probably contains the fullest collection of references to modern decisions that is to be met with. The principal cases under the maxim qui per alium facit per seipsum facere videtur, are reviewed and accompanied with judicious reflections and skilful arrangement, in Broom's Selection of Legal Maxims, p. 373, London edit.

Since the third edition of these Commentaries, Mr. Justice Story's Commentaries on the Law of Agency have appeared, and the subject is examined and digested with his usual accuracy and research, and with fulness and completeness of execution. A second edition of the work, revised and enlarged, appeared in 1844.

END OF VOLUME II.