be such an attorney. The mode of appointment is usually by letter or power of attorney, which must be under seal when the attorney is to execute a covenant or deed. Such an attorney is bound to act with due diligence, and, at the conclusion of the business, to account to the principal. Read 1 Pars. Cont., B. i, Ch. vi, pp. 110–112.

Reeve Dom. Rel., pp. 354, 355.

§ 211. Of Attorneys at Law.

An attorney at law is a sworn officer of a court of justice, who is employed by a party in a cause, to manage the same for him. The authority of an attorney extends to all matters necessary to the progress and determination of the cause, but he cannot release damages, or settle the points in controversy, without his client's consent. His duty is to be true to the court and his client, to manage the cause of his client with care, skill, and integrity, to preserve his client's secrets, and to keep his client informed of the state of his business. He has a right to reasonable compensation for his services, and, to secure this, generally has a lien upon such papers of his client as are in his hands, as well as on the judgment and costs which he may obtain.

Read 3 Bl. Comm., pp. 25-29.

2 Kent Comm., Lect. xli, pp. 640, 641.
1 Pars. Cont., B. i, Ch. vi, pp. 113-118.
Reeve Dom. Rel., pp. 351-354.

BOOK II.

OF PRIVATE WRONGS.

§ 212. Of the Nature of a Private Wrong.

A private wrong, or tort, consists in the wrongful act or omission (injuria) of one person, resulting in actual or legal damage (damnum) to another. Such wrong may be committed in three ways: (1) By nonfeasance, or the notdoing of that which the non-doer was under a legal obligation to do; (2) By misfeasance, or the doing, in an improper manner, of that which the doer was either bound to do, or had a right to do; (3) By malfeasance, or the doing of that which the doer had no right to do. Any wrongful act or omission, not resulting in actual or legal damage to another, is known as injuria sine damno, and is not a tort. Damage resulting from inevitable accident, or from the proper performance of a lawful act, is known as damnum absque injuria, and is also not a tort. Only when both damnum and injuria concur is a tort committed.

Read Broom Comm., pp. 74-108.

1 Hill. Torts, Ch. i, § 1 note c; Ch. iii, §§ 5-19, 23, 24, 35-48.

1 Addison Torts, §§ 1-12, 16.

Cooley Torts, pp. 62-81.

CHAPTER I.

OF WRONGS WHICH VIOLATE THE RIGHTS OF PERSONAJ SECURITY AND PERSONAL LIBERTY.

§ 213. Of Menaces and Assaults.

The wrongs, which violate the right of personal security, are those by which a man is disturbed in the lawful enjoyment of his life, limbs, body, health, or reputation. Wrongs, by which a man is disturbed in the lawful enjoyment of his life, limbs, and body, are of two kinds: Threats and Violence. A threat is the manifestation by one person of an intent to do actual violence to another. Such manifestation may take place in two ways: (1) By words, or menaces; (2) By acts, or assaults. Menaces are torts whenever they cause actual loss or damage to the person menaced. Assaults are always torts, damage from them being implied by law.

§ 214. Of Battery, Wounding, and Mayhem.

Violence is any wrongful act of one person, whereby either he, or his instrument of wrong-doing, is brought into contact with the limbs or body of another person. From such wrongful contact the law always implies damage.

When such contact produces either no actual damage, or but slight damage, it is called a battery. When it results in serious injury, it is called a wounding. When it causes the loss of a limb, it is called a mayhem.

Read 3 Bl. Comm., pp. 120, 121.

1 Hill. Torts, Ch. v, § 9.

2 Addison Torts, §§ 790, 791.
Cooley Torts, pp. 162-169.

Bigelow L. C. Torts, pp. 217-234.

$215. Of Nuisances to Health.

The wrong, by which a man is disturbed in the lawful enjoyment of his health, is nuisance. Nuisance, as a wrong against personal security, is any act or omission of one person, not amounting to violence, by which another is unlawfully annoyed or rendered uncomfortable. The production of offensive noises, the exposure and sale of unwholesome provisions, the leaving unguarded of wells, mining-shafts, or cellars, and the keeping of ferocious animals, are instances of nuisance.

Read 3 Bl. Comm., pp. 122, 123.

1 Hill. Torts, Ch. vi, §§ 30-32; Ch. xix, §§ 6, 9, 10. 1 Addison Torts, §§ 217-225, 228, 229, 253-258, 260-265.

Cooley Torts, pp. 596–607.

Bigelow L. C. Torts, pp. 454-492.

§ 216. Of Libel.

The wrongs, which disturb a man in the lawful enjoy. ment of his reputation, are three: Libel; Slander; and Malicious Prosecution. A libel is the wilful and malicious publication, in a permanent and visible form, of some matter tending to injure the reputation of another. Anything