ring his voyage, if he has used due
diligence.

Sec.12. Proprietors of a stage coach do not warrant the safety of
passengers as common carriers; and they are not responsible for mere
accidents to the persons of the passengers, but only for the want of due
care. Slight fault, unskillfulness, or negligence, either as to the
sufficiency of the carriage, or to the driving of it, may render the
owner responsible in damages for injury to passengers. But as public
carriers, they are answerable for the loss of a box or parcel of goods,
though ignorant of its contents, unless the owner fraudulently conceals
the value or nature of the article, or deludes the carrier by treating
it as of little or no value. Public carriers are responsible for the
baggage of their passengers, though they advertise it as being at the
risk of the owners.

Chapter LVIII.

Principal and Agent, or Factor; Broker; Lien, &c.

Sec.1. An _agent_, or factor, is a person intrusted with the management of
the business of another, who is called _principal_. The words _agent_
and _factor_ both signify a deputy, a substitute, or a person acting
for another; but _agent_ seems to be the more comprehensive term, being
applied to one who is intrusted by another with any kind of business;
_factor_ more properly denotes an agent employed by merchants residing
in other places to buy and sell, and transact certain other business on
their account. A factor, from his being commissioned or authorized to
act for his principal, and especially if allowed a commission, or a
certain rate per cent, of the value of the goods bought or sold, is
called a _commission merchant_.

Sec.2. If a factor advances money on property intrusted to him, he can hold
it until the money shall be refunded, and all charges paid. If the
actual owner of the property is unknown to the factor, the person in
whose name the goods were shipped, is to be deemed the owner.

Sec.3. The right of a factor to hold property against the owner in
satisfaction of a demand, is called _lien_; and the factor may sell the
goods to satisfy his claim; but he must pay the surplus, if any, to the
principal or owner. A factor can not pledge goods intrusted to him for
sale, as security for his own debts. If he disposes of merchandise
intrusted or consigned to him, and applies the avails to his own use,
with intent to defraud the owner, he may be punished by fine and
imprisonment.

Sec.4. How far, in ordinary