Agency of Shipmasters and Business Managers

There were two special instances of a purely commercial character in which persons sui juris as well as slaves and persons under power might act practically as agents.

The master or captain of a ship (magister navis) might bind the owner (exercitor) by contracts relating to the ship and its business. And a person (institor) put in charge of a shop or other business could bind his principal by contracts within the scope of the business entrusted to him. These were the only cases in which persons not slaves nor under power could act as agents, and they were agents only in a partial sense. Their contracts bound their principals, and third persons with whom they contracted could sue the principals directly on the contracts. But except in a few cases the principal could not sue the third person directly. His only remedy was against the shipmaster directly or against the manager to compel him to transfer his right of ac- tion. Moreover, unlike a true agent, the master of the ship or manager of the business was personally liable on his contracts.

The remedy granted by the prsetor against the principal was the actio exerciforia in the case of the shipmaster, and the actio institutoria in the case of the manager. These two actions together with the quasi-agency or slaves and persons under power probably served fairly well the needs of the Romans.

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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