6. Where the principal gives notice to the debtor not to pay money to the agent, unless the agent has a superior right, from a lien or otherwise, the amount of any payment after. wards made to the agent may be recovered by the principal from the debtor. Story, Ag. 0 429 ; 15 East, 65 ; 4 Carapt. 60 ; 6 Cow. N. Y. 181, 186. Money paid by an agent may also be recovered by the principal under any of the following circumstances : first, where the consideration fails ; second, where money is paid by an agent through mistake; th,ird, where money is illegally extorted from an agent in the course of his employment ; fourth, where the money of the principal has been fraudulently applied by the agent to an il legal and prohibited purpose. Paley, Ag. 335-337. When goods are intrusted to an agent for a specific purpose, a delivery by him for a different purpose, or in a manner not authorized by the commission, passes no property in them, and they may, therefore, be reclaimed by the owner. Paley, Ag. 340, 341; 3 Pick. Mass. 495. Third persons are also liable to the principal for any tort or in jury done to his property or rights in the course of the agency. If both the agent and third person have been parties to the tort or injury, they are jointly as well as severally liable to the principal, and he may maintain an action against both or either of them. Story, Ag. 436 ; 3 Maule & S. 562.
'7. The liabilities of the principal are either to his agent or to third persons. The liabilities of the principal to his agent are— to reimburse him all his advances, expenses, and disbursements lawfully incurred about the agency, and also to pay him interest upon such advances and disbursements whenever interest may fairly be presumed to have been stipulated for or to be due to the agent, Story, Ag. 00 335, 336, 338; Story, Bailin. 196, 197 ; Paley, Ag. 107, 108 ; second, to pay him his commissions as agreed upon, or according to the usage of trade, except in cases of gratuitous agency, Story, Ag. 0 324 ; Paley, Ag. 100-107 ; third, to indemnify the agent when, without his own default, he has sustained damages in following the direc tions of his principal : for example, when the agent has innocently sold the goods of a third person, under the direction or authority of his principal, and a third person recovers damages against the agent, the latter will be entitled to reimbursement from the princi pal. Story, Ag. 0 339 ; 9 Mete. Mass. 212.
S. The principal is bound to fulfil all the engagements made by the agent for or in the name of the principal, and which come within the scope of his usual employment, although the agent in the particular instance has in fact exceeded or violated his private instruc tions. Story, Ag. 443 ; Smith, Merc. Law, 56-59; 4 Watts, Penn. 222 ; 21 Vt. 129 ; 26 Me. 84 ; 1 Wash. C. C. 174. And where an exclusive credit is not given to the agent, the principal is liable to third persons upon con tracts made by his agent within the scope of his authority, although the agent contracts in his own name and does not disclose his agency. Story, Ag. 0 446. But if the prin Liral and agent are both known, and exclu sive credit be given to the latter, the princi pal will not be liable though the agent should subsequently become insolvent. Story, Ag.
0 447. Where money is Paid by a third per son to the agent, by mistake or upon a con sideration that has failed, the principal will be liable to repay it although he may never have received it from his agent. Story, Ag. 451 ; Paley, Ag. 293 ; 2 Esp. 509.
9. The principal is not, in general, liable to a criminal prosecution for the acts or mis deeds of his agent, unless he has authorized or co-operated in such acts or misdeeds.
- Story, Ag. 0 452 ; Paley, Ag. 303 ; 1 Mood & M. 433-. He is, however, civilly liable to third persons for the misfeasance, negligence, or omission of duty of his agent in the course of the agency, although he did not authorize or know of such misconduct, or even although he forbade it, Story, Ag. 0 452; Paley, Ag. 294-307 ; Smith, Mere. -Law, 70, 71 ; 26 Vt. 112, 123 ; 6 Gill & J. Md. 291 ; 20 Barb. N. Y. 507 ; 7 Cush. Mass. 385 ; and he is liable for the injuries and wrongs of sub-agents who are retained by his direction, either ex press or implied. Story, Ag. 0 454 ; Paley, Ag. 296 ; 1 Hos. & P. 409. But the respon sibility of the principal for the negligence or unlawful `acts of his agent is limited to cases properly within the scope of the agency. Nor is he liable for the wilful acts of his agent whereby damage is occasioned to an other, unless he originally commanded or subsequently assented to the act. Paley, Ag. 298, 299 ; Story, Ag. 0 456 ; 9 Wend. N. Y. 268 ; 23 Pick. Mass. 25 ; 20 Conn. 284.
In Criminal Law. The actor in the com. mission of a criine.
10. Principals are of two kinds, namely, principals in the first degree, and principals in the second degree.
A principal in the first degree is one who is the actual perpetrator of the fact. 1 Hale, Pl. Cr. 233, 615 ; 15 Ga. 346. But to constitute him such it is not necessary that he should be actually present when the offence is con summated. 3 Den. N. Y. 190. For if one lay poison pmposely for another, who takes it and is killed, the offender, though absent when it was taken, is a principal in the first dtgree. Fost. 349 ; 1 Hawkins, Pl. Cr. c. 31, 0 7 ; 4 Sharswood, Blackst. Comm.34; 1 Chitty, Crim. Law, 257. And the offence may be com mitted in his absence, through the medium of an innocent agent : as, if a person incites a child under the age of discretion, or any other instrument excused from the responsi bility of his actions by defect of understand ing, ignorance of the fact, or other cause, to the commission of crime, the inciter, though absent when the fact was committed, is ex necessitate liable for the act of his agent and a principal in the first degree. 1 Hale, Pl. Cr. 514 ; 2 Leach, Cr. Cas. 978. But if the instrument be aware of the consequences of his act, he is a principal in the first degree: the employer, in such case, if present when the fact is committed, is a principal in the second degree, and, if absent, an accessary before the fact. Russ. & R. 163; 1 Carr. & K. 589 ; 1 Archbold, Crim. Law, Waterman's 7th Am. ed. 58-60.