Injuries sustained by Servants in course of their Employ- When Wages are Payable.-How their Amount or Rate is as- certained. When Servant is entitled to extra Wages for extra Work.-Must be paid in Money in certain Trades.- Stoppages from Wages.-Receipts for, and presumption of Grounds on which Master may dismiss Servant.-Disobedience. - Misconduct. — Negligence. Incompetence. - Permanent May bring Action for enticing away Servant.-Or sue for Wages On Contracts.-Where Name of Principal disclosed or undis- closed.-Liability on Written and on Verbal Contracts.- Signature. In respect of Money received from or for Third Persons. Responsibility for Wrongs done in Master's Service 109 No obligation on Master to give Character.-If given, it must be truthful. — Privileged Communications. — Malice. — When Jurisdiction under 5 Geo. 4, c. 96.-" Councils of Conciliation Act, 1867."-Election and Constitution of Council.-Its "" OF THE JURISDICTION OF MAGISTRATES UNDER THE MASTERS AND SERVANTS' ACT, 1867." Previous Acts on the Subject.-To what Servants the Act of 1867 applies.-Disputes of which Magistrates may take cognisance.-Procedure.-Powers of Magistrate, to Fine or OF TRADES UNIONS AND COMBINATIONS. Statutes relating to Conspiracy at Common Law. -When Combi- nations are Punishable, and how.-Punishment of Trade Offences committed by Individuals.—What Trades Unions are Legal.—Their Rights and Capacities.-Registration.— Apprenticeship, what is.-Contract of Apprenticeship.-Stamp Duties.-Who are Parties to Indenture.-Provisions thereof. Responsibilities and Liabilities of the Apprentice, of his Friends, and of the Master.-Grounds on which, and mode in which, Indenture may be Annulled.-Jurisdiction and powers of Justices in matters of Apprenticeship.—Statutes relating thereto.-Court of Equity no jurisdiction to Cancel ACTIONS BY OR AGAINST MASTER OR SERVANT. Different kinds of Actions.-What may or must be brought in a Superior or County Court.-Consequence of bringing Actions The Factory and Workshop Acts.-Fencing Machinery.-Coal and Metalliferous Mines Regulation Acts.-Acts for Pre- THE LAW OF MASTER AND SERVANT. CHAPTER I. WHO MAY BE MASTERS OR SERVANTS-RIGHTS AND LIABILITIES OF: Adults.-Married women living with, or separate from, their Husbands.-Infants.-Partners.-Lunatics,-Bankrupts.-Corpora tions. THE terms Master and Servant * have a much wider application in legal than in popular use. In the latter case they are generally confined to persons between whom there is a wide difference in social rank, and whose relations involve, in a marked degree, superiority on the one hand, and inferiority on the other. But in the former they are nearly, if not * Whenever we use the masculine gender in referring either to master or servant, it must be understood, unless the context is inconsistent with such a construction, that what we say is equally true of women as of men-of "mistresses as well as "masters"-of "female" as well as "male" servants. B quite, synonymous with employer and employed. They include all persons between whom any contract exists for the render of service, or the fulfilment of duties on the one hand, and the payment of stipulated hire, wage, salary, or reward on the other, during a determinate or stated period or term, or until the expiration of a fixed notice to be given by either party. The manager of a railway, the head clerk in a large mercantile establishment, the tutor or governess in a gentleman's family, are in point of law as much servants as the domestics in a household-that is to say, the relations between themselves and their employers are governed by the same principles which regulate the connection between cooks or footmen and their masters. In all instances that relation is one of contract, arising out of either an express or an implied mutual engagement binding one party to employ and remunerate, and the other to serve (as we have already said) for some determinate term or period, or until the expiration of a given notice. As a general rule, every person of the full age of twenty-one years, and not under any legal disability, is capable of becoming either a master or a servant. In order, however, that an agreement may be binding on the employer, the servant must, at the time he enters into it, be free from any engagement which is incompatible with the discharge of his duties; or, at all events, he must take care to inform the person who proposes to employ him, of any such prior call upon his time or labour. If he do not, although the contract will be |