TIT. II. PART III. executor; so that the demands of creditors and legatees are personal upon the executor; and though they exist in respect of the pro CAP. XI. Personalty vests in the executors, who thereby become liable to perty, and are limited by the extent of it, yet they are no lien upon it, whether in his creditors and hands or in the hands of his assignees, unless legatees. Rights of they are affected with fraud. (1 Wms. Ex. 576; Co. Litt. 290. b., n. 1, xiv. 1.) Executors and administrators represent the administra testator, and are entitled to all damages which executors or tors to damages, accrued to the testator in his lifetime, and, covenants, or duties. Right of retainer. Where exe cutor or ad in general, to the benefit of all covenants and duties belonging to the testator. (1 Pres. Shep. T. 175.) An executor or administrator has a right to retain out of legal assets the amount of a debt due to him, either beneficially or as trustee, as against creditors of equal degree. (2 Wms. Ex. 936-8.) An executor or administrator will be perministrator sonally liable for money lent to or received by, or work performed for, or goods sold and delivered to him. (Broom Com. 595.) is personally liable. Distribution of the assets. If an executor or administrator has, except under the direction of the Court of Chancery, or except in the case provided for by the stat. 22 & 23 Vic. c. 35, s. 29, paid away the residue in ignorance of the existence of any debt, he is still liable. (2 Spence, 921.) But an executor or administrator fairly stating the facts, and paying over the assets under the direction of the Court of Chancery in an administration suit, is fully indemnified against all existing or contingent demands on the estate. (Waller v. Barrett, 24 Beav. 413.) And by the stat. 22 & 23 Vic. c. 35, s. 29, where an executor or administrator has given such notices as would have been given by the Court of Chancery in an administration suit, for creditors and others to send in to the executor or administrator their claims against the estate of the testator or intestate, such executor or administrator will, at the expiration of the time named in the notices for sending in such claims, be at liberty to distribute the assets among the parties entitled thereto, having regard to the claims of which such executor or administrator has then notice, and will not be liable for the assets so distributed to any person of whose claim such executor or administrator shall not have had notice at the time of distribution of such assets, PART III. TIT. II. CAP. XI. 234 TITLE III. RELATIONS OF LIFE IN RESPECT OF EMPLOYMENT. CHAPTER I. MASTERS, SERVANTS, WORKMEN, AND APPRENTICES. PART III. THE term servant legally applies not only TIT. III. Legal import CAP. I. to menial servants, but to other persons employed for hire in a person's domestic establishment, or in his business; such as tutors, governesses, and clerks. of the term servant. Duration of service. If no time is limited for the duration of the service, either expressly or by implication, the hiring is a general one, and is to be considered to be for a year certain; and if the servant continues beyond the first or any subsequent year, a contract for a second or further year is implied. But, in the case of menial or domestic servants, the contract is dissoluble by a month's warning, or payment of a month's wages. And, in the absence of indications to the contrary, a general hiring at weekly wages is but a weekly hiring. (Sm. Merc. Law, 425-6; Sm. Mast. and PART III. Serv. 46, 50, 52; 2 Ste. Com. 239-40.) TIT. III. bility of the the servant's gence. A person is answerable for the wrongful Responsi acts, or negligence, or unskilfulness of his master for domestic servants, and of those whom the law act or negli denominates his servants (as being selected and appointed by him to do any work, although not in his immediate employ or under his superintendence), if such acts, negligence, or unskilfulness occurred in the course of their employment as servants to him. And the servant is also himself liable for any injury he may have caused a third person. But where the injury, whether it was done wilfully or otherwise, was not done by the servant in the course of his employment, redress can only be had from him. (Broom Com. 669-70, 672, 676, 685; Sm. Mast. and Serv. 183, 188, 190, 193; 2 Ste. Com. 245-8.) Thus the master is responsible for injury caused by his servant in driving, unless the servant cannot be regarded as having caused the injury when acting under his master's orders, but in pursuing his own wrongful devices. The owner of a carriage let out to hire is responsible for his driver, unless the injury happens in consequence of the latter PART III. being required by the hirer to do some TIT. III. CAP. I. unusual or improper thing. (Add. Torts, 241-2; Sm. Mast. and Serv. 185, 191.) For a crime or wilful injury committed by the servant, he himself is alone liable, unless done by the master's command or encouragement. (2 Ste. Com. 248-9; Rosc. Evid. 518; Selw. N. P. 1119.) A master is not responsible for an injury happening to one of his servants, in consequence of the negligence of another servant, provided the servants were engaged in one common employment, and provided the servant was not exposed to unreasonable risks, and the master endeavoured to select proper servants. This principle applies even to railway companies and their servants. (Add. Torts, 248; Broom Com. 685-6; Sm. Mast. and Serv. 134, 145.) Refusal of a A servant may decline to do that from servant to self to injury. expose him- which he has reason to apprehend bodily injury. (Add. Torts, 247.) Responsibility of a servant for want of care, knowledge, or skill. If a person who undertakes the performance of work, fails to execute it with care, diligence, and ability, he is responsible to his employer for damages. And this applies to solicitors and medical men, as well as other persons. (Add. Torts, 250-3.) A servant may be discharged for the fol |