LEGAL DECISIONS
CIDF *
COMMON LAW OF THE UNITED STATES.
ALFRED, ME. SEPT. 30, 1865.
ELDER OTIs SAwYER, - *-
DEAR FRIEND:—In answer to your suggestions per annexed sheet, I
submit the following suggestions and replies.
The duty of protecting the property of every individual, by just Laws
promptly, and impartially administered is one of the strongest and most in-
teresting obligations on the part of government, and in discharge of this ob-
ligation, it is bound, and will assist the rightful owner of property, in the re-
covery of the possession of it whenever unjustly withheld.
A Trustee or Agent entrusted with general powers, must exercise a sound
discretion, act in good faith, within the scope of his powers, he has all the
implied powers necessary to complete the business in the scope of his employ-
ment.
It is a general rule that when an Agent or Trustee is duly constituted, and
Tames the principle for whom he acts, and contracts in his name, the Princi-
pal is responsible and not the Agent. But the Agent must not exceed his
powers. This rule, Chancellor Kent says, pervades every system of juris-
prudence, and stands on strong foundations !
If a Trustee, or general Agent does what he is authorized to do and some-
thing more, it will be good so far as he was authorized to go and the eacess
only will be void.
When the Trustee, or Agent exceeds his powers, and purchases in his
own name without disclosing for whom he acts, his principal will still be liable,
provided the property so purchased comes to their hands and use.
Persons dealing with an Agent or Trustee are bound to enquire and know
how far such Agent is authorized, and that their contracts are within the
scope and limits of the power conferred on him.
All Trustees deriving their powers from courts or appointment of individ-
wals or Communities, are subject to well defined rules of law and equity.
The Trustees can not reap benefit from the use of the Trust fund or prop-
erty l He can not act for his own benefit in any contract, purchase or sale,
as to the subject of the trust.
He can not take upon himself an incompatible duty. He can not have an ad-
verse interest and employment for this would expose his judiciary trust to
abuse and fraud. These principles are especially applied to your Deacons
and Trustees, whose time and services belong to the Society.
• Real estate as well as personal, purchased with the trust fund or property,
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and conveyed to the Trustees still belongs to the owners of the fund, or prop-
erty with which such purchase is made. Agents and Trustees are bound to
render an account, at any time on demand of those for whom they act.
It was settled some forty years ago in this state (Maine) by the highest
judicial authority, and upon principles of common law, equally applicable
here, and in every other state, that the “Covenant by which the members of .
the Society or Societies of Shakers are bound, to each other, is a valid in-
strument, obligatory on all who voluntarily enter into it.” -*
- That the Covenant requires the surrender of all the property, and com-
mands the entire services of persons admitted to membership. Not only the
property but the individuality of the member, is to a certain extent, yielded
up to the Community of Interests, and he has henceforth no power to con-
tract for himself or the Community, except within the rules prescribed in the
Covenant and by the authorities of the Society. When he transcends these
bounds, his acts are a nullity and impose no liability on the Society.
- Answers to Interrogations.
Ques. 1. What is the legal, and most proper course to adopt provided
an individual appointed as Trustee or Agent violates his covenantal obliga-
tions, and refuses to be accountable to the authorities specified in our Cove-
nant or Constitution, who are the Ministry and Elders, and for sundry viola-
tions of known duties, it is believed that said Trustee is embezzling the
property of the family or society in which, and for which he is acting as
Trustee or Agent? ( ) &
Ans. The appointing power, the Ministry and Elders may remove the
defaulting Trustee or Agent, give him notice of the removal and appoint his
SUlcCeSSO1'. & & 6
Ques. 2. Suppose he claims to have taken the responsibility to step one
side of the established rules of the Society in which he is acting Trustee or
business Agent, which fordids hiring money, involving the family in debt,
or in any way making the family responsible for money received and he
hires money on his own name, and by speculation with funds thus received,
earns one thousand dollars, more or less, and claims that as his own pri-
vate property, what claim has the Society upon money or other property
thus earned? .
Ques. 3. If money so obtained is vested in neat stock, lumber or real es-
taste, what course should be taken by the Society to take the possession of
said property? & ſ
Ques. 4. If the Society has good reason to suppose that an individual
Trustee has money or investments in Government or Company stocks, which
are deposited in banks' safes, How can legal possession be taken of them?
Ques. 5. If there is good reason for believing that said Trustee has
money, notes, bonds or other securities concealed on his person, what right
has the executive authorities of the Society to compel such individual to
make presentation of property to them?
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. Ques. 6. Supposing a Trustee holds notes, bonds or title to real or per-
Šonal estate, or personal property of any kind which he has received in his
own name, no reference being made in those deeds, bonds, notes &c, of his
Trusteeship or Agency for or in behalf of the Society or family in which he
claims to be a member, how does this affect or impair the right to claim and
hold all such property? • . . . •
Ans. to 2, 3, 4, 5 & 6. Q º . . . . . . . . . .
If the Trustees or Agent has neat stock, lumber, or any specific article of
/personal property, Bank Bills, stock or notes of hand, in his own name, it is
still the property of the Society and duty and right of the Ministry and Eld-
èrs and successors of such defaulting Trustee, to take and reduce to their
possession such property, wherever they may find it. If it be in custody of
\ any corporation, Bank or other persons. Give them notice of your claim to
it, demand it, of such Bank, or third person. . .
If you obtain possession of notes of hand though payable to such Trustee,
you can collect them for the Society. If the promiser is known, you may
notify him, that the note given such Trustee is the property of tle Society,
and then collect the amount of it. If any person, stranger. member or re-
moved Trustee is embezzling removing or destroying property, papers, title
deeds, or anything else or secreting them about his person, the authorities of
the Society may, without process of law, detain and take from him such prop-
erty, using such force as may be necessary after demand to possess them-
selves of the property, no more. * • * a
Or if it be deemed safe to delay, they may make complaint to a magistrate,
and have an officer obtain the property so embezzled.
I have no doubt, conveyances of real estate by deed to a Trustee by Q? (????,62
only, ensues to the benefit of the Society and the authorities may enter up-
on such real estate and treat it as stolen property, of the Society, and a
éourt of equity will order the conveyance by the removed Trustee. t
/ Every trade made by a Trustee though in his own name, is for the benefit
of the Society. He can not hold the profits of any trade, as his own. The
| authorities may take such property wherever they may find it, or money if
\ within their reach. • . .
Taking bills of sale and conveyances to himself, does not at all impair the
right of the Society authorities for whom he is bound to act, to take actual
possession of all such property. w & •y
Your authorities may take possession of all property attempted to be kept
from them, as they find it.
If in possession of third persons who refuse to deliver it up, an action at
law may be maintained for it, or the value, as the case may be. If the de-
faulting Trustee, on demand of the Ministry and Elders, to whom he is re-
quired to account, refuse and they suspect he has funds, personal or real in
his own name, or intrusted to other persons, belonging to the Society, they
can, by bill for discovery, have him ordered to disclose under oath every

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transaction he has entered into and what funds, and estate he may have,
where it is, and demand that he deliver or convey as the case may require.
This is the remedy where you do not know the extent of the misappropria-
tion or can not get hold of the property, papers or stock, &c. -
Every person who transacts business for your Society, is known to act not
for himself but for the Community. All men dealing with him are bound,
especially in an important affair, to know that he is authorized, and the ex-
tent of that authority. e &
As your regulations do not authorize hiring money, the Trustee could not
bind the Society. If you have been accustomed to borrow money through a
Trustee or any member of a certain individual, and the authorities paid it,
that might give the implied authority, for the same individual to loan again
and collect of the Society. Paying that individual would not authorize
other persons, to whom you had not paid, to collect of you loans to the
same, or any other Trustee. |
Ques. 7. If the violations of Covenantal obligations of such individuals,
are such as to convince the leading authorities of the Society that he has for-
feited his right of membership and said individual refuses compliance with
Society rules and Covenantal requirements and still persists in holding a
place, and right of membership, then what course are the Society to take to
accomplish his ejectment from the Community?
Ams. When a Trustee is not only removed from his Trusteeship, but for
misconduct and violation of his Covenantal obligations, is removed from
membership, according to your rules, after notice, and reasonable time to
leave, he has no more right than a stranger and becomes a trespasser by re-
maining or re-entering and may be treated as such, by process of law.
Ques. 8. If such individual has run in debt contrary to the established
rules and laws of the Society, after a declaration and caution to the public
against trusting members, or professed members, of the Shaker Community,
has at any time been made patent to the world, through the medium of the
leading public journals in the state, what obligations are the Society under
to pay any such demands, supposing the Society may Fave, at any previous
times for the honor of the Society and to secure individuals met some such
improperly contracted debts?
Ans. This is substantially answered. Such payments would be consid:
ered as secrecy and create no implied promise to pay other individuals nor
that one again, after notice. When the Trustee trades outside of his author-
ity, you may elect to be bound or not. If you receive the goods you would
be obliged to pay; not otherwise.
When a Trustee retires, and you do not apprehend an escape or loss of
property, an application to a court of equity for a full account would be pref-
erable to the summary modes above suggested.
Yours very truly, -
IRA. T. DREW.