STUPRUM (Lat.). In Roman Law. The criminal sexual intercourse which took place between a man and a single woman, maid, or widow, who before lived honestly. Inst. 4. 18. 4; Dig. 48. 5. 6 ; 50. 16. 101; 1 Bouvier, Inst. Theolo. ps. 3, qurest. 2, art. 2, p. 252.
A person appointed by an agent to perform some duty, or the whole of the lusiness relating to his agency.
2. A sub-agent is generally invested with the same rights, and incurs the same liabili ties in regard to his immediate employers, as if he were the sole and real principal. To this general rule there are some exceptions: for example, where, by the general usage of trade or the agreement of the parties, sub agents are ordinarily or necessarily employed to accomplish the ends of the agency, there, if the agency is avowed and the credit is exclusively given to the principal, the inter mediate agent may be entirely exempted from all liability to the sub-agent. The agent, however, will be liable to the sub-agent unless such exclusive credit has been given, although the real principal or superior may also be liable. Story, Ag. 386; Paley, Ag. Lloyd ed. 49. When the agent employs a sub-agent to do the whole or any part of the business of the agency, without the know ledge or consent of his principal, eitber ex press or implied, the latter will only be en titled to recover from his immediate em ployer, and his sole responsibility is also to him. In this case the superior or real prin
cipal is not responsible to the sub-agent, because there is no privity between them. Story, Ag. a 13, 14, 15, 217, 387.
3. Where, by an express or implied agree ment of the parties, or by the usages of trade, a sub-agent is to be employed, a privity ex ists between the principal and the sub-agent, and the latter may justly maintain bis claim for compensation both against the principal and his immediate employer, unless exclusive credit is given to one of them ; and in that case his remedy is limited to that party. 1 Livermore, Ag. 64; 6 Taunt. 147.
A contract by ons who has contracted for the performance of labor or service with a third party for the whole or part performance of that labor or service. 9 Mees. & W. Exch. 710; 3 Gray, Mass. 362; 17 Wend. N. Y. 550; 22 id. 395; 1 E. D. Smith, N. Y. 716; 2 id. 558.