PART III. TIT. III. CAP. I. Discharge, and right to wages on dismissal or vice. lowing causes:-1. Wilful disobedience; 2. gross moral misconduct; 3. habitual negligence, or conduct calculated seriously to injure his master's business; 4. incompetence, or permanent disability from illness. And quitting seron these grounds the master may discharge him without warning, and need only pay the wages due before the dismissal. (Sm. Mast. and Serv. 77, 85; 2 Ste. Com. 243.) But if a domestic servant is temporarily disabled by sickness or other accident, this does not justify the master in discharging him without such warning or wages as he might otherwise claim. But a master is not bound to provide his servant with medicine or medical attendance. (2 Ste. Com. 243; Sm. Mast. and Serv. 85, 131-2; Add. Cont. 386.) A servant hired generally, and dismissed. without cause, will have a right to wages up to the expiration of the period for which he is to be deemed to have been hired. But if a servant quits his master without cause, he thereby forfeits all right to wages. (Sm. Merc. Law, 426-7; Sm. Mast. and Serv. 113, 127.) character. A master is not bound to give his servant Giving a any character at all. If, however, he gives character, it ought, of course, to be a true TIT. III. CAP. I. PART III. one. Yet if he gives a bad character untruly, he will not be liable, unless he gives it voluntarily and without being applied to, or unless it can be shown to have proceeded from malice, as where it is proved to have been contrary to his knowledge or belief. (Sm. Mast. and Serv. 249-50; 2 Ste. Com. 245; Add. Torts, 589; Broom Com. 722; Selw. N. P. 1055, 1267; Rosc. Evid. 567.) Fire Enticing away a servant, or keeping him from his master. A master is bound, in answer to enquiries, to give information of misconduct of which a servant has been guilty after having left his service. And if a master gives a good character, he is bound to communicate to the person to whom such character was given, any subsequently discovered circumstances which show that it was not deserved. (Add. Torts, 589-90; Sm. Mast. and Serv. 258-9.) Servants, through whose negligence or carelessness a fire happens, are punishable by a fine of 100l., or imprisonment. But the master is also responsible for any such damage caused by the negligence of his servant while executing his orders. (Add. Torts, 132; Sm. Mast. and Serv. 185, 281.) A person who knowingly induces a servant to leave his master's service, or keeps him as servant after he has quitted his place, and before the expiration of the stipulated period of service, is liable to an action. (Add. Torts, 696; Sm. Mast. and Serv. 87-9; 2 Ste. Com. 245.) PART III. TIT. III. CAP. I. another person's task A workman by the job or piece is the ser- Employing vant of the person who contracted with him, workman. until the work is finished; and whilst such work is in progress, no other person may employ him, so as to cause such work to be unfinished. (Add. Torts, 696.) injury to a A master may sue for the seduction of, or Action for any personal injury to, his servant, if he servant. thereby loses the servant's services. (Broom Com. 814; Sm. Mast. and Serv. 96-8.) apprentice ship. The contract of apprenticeship is a con- Contract of tract whereby one person, as master, engages to instruct another, as his apprentice, and whereby the latter becomes bound to devote his whole time and services, during a limited period, for the benefit of his instructor, and frequently also to pay him a sum of money. (Sm. Merc. Law, 458; Add. Cont. 392-3.) A writing is necessary to constitute an apprenticeship; and indeed it is now usually effected by deed, containing covenants by the master and apprentice, or by some one on behalf of the apprentice, for the due discharge of the duties of the master and apprentice towards each other. PART III. An infant may bind himself; but he may TIT. III. Rights of CAP. I. avoid the agreement, even while under age, if it is clearly for his interest to do so. But master and infants are usually bound apprentices by their parents with their consent, and pauper children are bound by the guardians of the poor, and are called parish apprentices. No action will lie against an apprentice upon any of the covenants in the deed of apprenticeship; but in case of any disobedience to the master's lawful orders, or of negligence or immorality, the master may administer to him, if an infant, moderate and reasonable corporal chastisement, such as a father may inflict upon his child, or a schoolmaster upon his pupil; and he may also bring him before justices of the peace, who may punish him; or he may maintain an action against any adult who has covenanted for his good behaviour. On the other hand, the master is bound to minister to the apprentice's necessities in health and in sickness; providing him with food, medicine, and medical attendance. And the master may be sued, or, in a gross case, indicted, for ill usage and neglect of the apprentice. (Sm. Merc. Law, 458, 460; Sm. Mast. and Serv. 76, 131, 329; Add. Cont. 392-4; Macph. 479, 480; 2 Ste. Com. 240-1.) There are various ways in which an ap PART III. TIT. III. CAP. I. prenticeship may be dissolved. Thus: 1. It may be determined by consent of the parties, Determina tion of ap in case the apprentice is under age, and the prenticeship. dissolution is for his advantage. 2. By the election of an apprentice at his full age, where the dissolution is clearly for his benefit. 3. By the master's bankruptcy. 4. By the death of the master or apprentice. 5. By the interposition of justices, upon certain grounds, on the complaint of the master or of the apprentice. (Sm. Merc. Law, 458, 461; Add. Cont. 394-5.) services. By the consent of all parties, a transfer may Transfer of be made of the services of the apprentice to another master. (Sm. Merc. Law, 462.)* * As to the custom of apprenticeship in the City of London, see an interesting article in the Law Magazine for August, 1862. M |