Page images
PDF
EPUB

DOMESTIC SERVANTS,

entitled to month's warning or month's wages, 52.
magistrates have no jurisdiction over, 330, 336.
who are "servants on domestic establishment," 363.
not within Truck Act, 423.

[blocks in formation]

embezzlement, &c., of drugs by dyer's workmen, 403.

EARNINGS,

of servants, master entitled to, 90.

EMBEZZLEMENT,

by clerks and servants, 284. And see LARCENY.

distinction between larceny and, 284.

person indicted for one may be convicted of the other, 285, 315.
servant misappropriating property which has never been in master's
possession. embezzlement, 298.

punishment of, 299.

what must concur to constitute the offence, 300.

who is a servant within the statute, 300.

who is not, 303.

servant receiving money without authority to do so not within the
act, 304.

aliter, if employed to receive it, though on one occasion only, 305.
or from particular class of customers, 306.

embezzlement of money received from master, larceny, 307.

from master's agent to be paid to master, embezzlement, 308.
of change by servant sent to get change, 308.

refusal to account must be shown, 309.

omission to account not sufficient, 309.

even after promise to do so, 309, 310.
unless wilful, 309.

leaving situation and absconding, evidence of embezzlement, 309.
claim of right to money no embezzlement, 310.

some specific sum must be proved, 310.

no objection that master had no right to money, if received for him,
312, 313.

aliter, clerk of illegal society, 313.

receipt need not be stamped, to prove embezzlement, 313.

[blocks in formation]

EMBEZZLEMENT-(continued.)

by servants of the Post Office, 320.
of postage of letters, 321.

who is a servant of Post Office, 322.
what is a "post letter," 322.

ENTICING,

servant from master, action for, 87.

ENTRY,

by deceased clerk in master's book, evidence, 163.
EVIDENCE,

parol, when admissible to explain contract, 32.
entry by deceased servant, 163.

of acting as servant, when sufficient, 1, n. (a).
EXCEPTIVE HIRING,

not yearly hiring, if express, 49.

aliter, if merely implied by custom, 50.

EXECUTORS,

of master liable to pay servant's wages, 126.

FACTORY,

acts relating to, xxxviii.

FALSE CHARACTER,

consequence of giving, 275.

uttering forged testimonial, forgery, 275.

FALSE PRETENCES,

by guilty master by means of innocent servant, 175.
obtaining goods from servant by, is taking from master, 286,

n. (h).

FARM BAILIFF,

implied authority of, 171.

what warning entitled to, 52.

entitled to legacy as a servant, 362.

FEES,

under 5 Geo. 4, c. 96-350.

FELLOW-WORKMEN,

who are, 144.

FELONY. See LARCENY, STEALING, &c.

FERRY,

master liable for invasion of, by servant, 187.

FIDELITY,

bonds given to partners, 10.

FIRE,

liability of master for fire caused by negligence of servant, 185.

FOOD,

servant for negligently firing master's house, 281.

wilfully doing so, 281, n. (n).

liability of master to supply, 130.

parish, 132.

FORGED CHARACTER, 275.

FORGERY,

by master, by means of innocent servant, 175.

servant intrusted with money to pay bill, forging receipt, 282,

n. (v).

[blocks in formation]

FRAUDS, STATUTE OF,

what contracts of hiring and service are within, 21.

not within, 23.
requisites of,-consideration must appear, 25.
signature, 28.

[blocks in formation]

HABEAS CORPUS,

for servant convicted under 4 Geo. 4, c. 34..341.
HARBOURING,

[blocks in formation]

will not lie for enticing away servants, 87.

will for conspiracy, 87.

for embezzlement, 313.

three counts, when advisable, 314.

of master for stealing by hands of servant, 176.
for nuisance committed by servant, 181.

INFANT.

And see APPRENTICE.

liable upon contracts beneficial to him, 6, 7.

what contracts of hiring are beneficial to him, 7.
for necessaries, 7.

livery for servant to officer in the army necessaries, 7.

INFANT (continued.)

may recover wages in County Court, 8.

give bond under Customs Regulation Act, 8.

proceed under 5 Geo. 4, c. 96, in name of parent, &c., 348.
power of master to chastise, 76.

employment of, in mines and collieries, 8, n. (1), 440.

INFORMATION,

in factories, ib., xxxviii.
in print-works, ib., xli.

for penalties against master for act of servant, 178.
INJUNCTION,

not granted to enforce contract of hiring, 72, 106.
to restrain breach of covenant in restraint of trade, 69.
master from dismissing servant, refused, 106.

INNKEEPER,

liable for refusal by servant to receive guest, 182.
INSOLVENTS,

contracts of hiring by, 19.

INVENTION,

JOB,

of servant, when master may take out patent for, 92.

servant hired by, not servant within Bankrupt Act, 124.

not yearly servant, 49.

with carriage, not servant of hirer so as to render him lia-
ble, 198.

nor within 7 & 8 Geo. 4, c. 29, s. 46..199, n. (e).

nor entitled to legacy as servant, 362.

JUS TERTII,

when servant may set up, in opposition to master, 74, 75.
JUSTICES OF THE PEACE,

jurisdiction of, in disputes between masters and servants, 325.
in trade, 329.

what contracts of hiring are within the jurisdiction of, 336.

not within, 336.

menial servants not within, 336.

form of order, conviction or warrant by, 339.

may hear complaints against servants, and punish them, 327,
330, 333.

may hear servant's complaint and summon master, 326, 328.

in master's absence, 334.

may issue warrant against artificers to compel attendance, 330.
power to order payment of wages, 327.

arbitration of disputes by, 342.

master not to act on such arbitration as, 347.

nor under 6 Geo. 4, c. 129..357.

LABOURERS,

agreements for hire of, exempt from stamp, 29.

recovery of wages in case of bankruptcy of master, 125.

who are within 20 Geo. 2, c. 193..326.

Stamp and Truck Acts, 326, n. (ƒ), 423, n. (m).

LAPSE OF TIME,

presumption of payment of wages from, 120.

presumption of revocation of servant's authority from, 174.

LARCENY BY SERVANTS. And see EMBEZZLEMENT; STEALING.
distinction between larceny and embezzlement, 284.

what is larceny, 284, n. (z).

at common law, 285.

where servant has bare custody, 285.

other cases,

taking goods out of master's possession, though constructive
only, 286, 287.

offering master his own goods for sale, 291.

giving away master's property, 289.

appropriating property found in master's house, 290.

where master parts with possession as well as custody, felonious
intent at time of receipt necessary to constitute larceny, 293.
punishment of larceny by servants, 296.

who is servant, 297.

three in six months, 295.

servant indicted for, may be convicted of embezzlement, 315.
LEGACY,

[blocks in formation]

of master to indemnify servant, 133.

one servant for injuries caused by fellow-servant, 134,

221.

of master to third person for acts of servant, 154.

upon contracts, 154.

although servant incapable of contracting for himself, 154.

express authority to servant in writing, 155.

writing should be inspected, 169.

letters of instruction need not, 169.

verbal, 155.

implied authority, extent of, 157.

cannot be extended to collateral transactions, 162.

nor is it increased by emergency, 164.

termination of, by notice, 173.

lapse of time, 174.

master not bound if servant had no authority to pledge his
credit, 170.

nor if credit given to servant, 172.

effect of private orders to servant on master's liability, 166.

distinction between general and special agent, 165.

implied general authority cannot be limited by private orders, 166.
effect of notice of private orders, 168.

where servant special agent, his authority must be inquired into, 168.
so where parties have notice that he is special agent, 169.

servant without precise authority has all usual powers, 161.
warranty by servant entrusted to sell, 161.

of master for torts of servant,

criminaliter,

master not generally liable, 174.

exceptions in cases of express orders, 174.

implied orders, 176.

libel, 176.

actions for penalties, 177.

informations for penalties, 178.

indictments for nuisances, 181.

master only liable for breach by servant of public duty, binding on

master, 183.

« EelmineJätka »