MASTER AND SERVANT-continued. tests of relationship of — engagement, 13. payment of wages, ibid. cab-proprietor and cabdriver are, 35. distinguished from master and apprentice, 40. obligations implied between. See IMPLIED. specific performance of contract of, 162. relationship of, not created by compulsory acceptance of service, 259. MAXIMS, Omnis definitio in lege periculosa est, 8. Ex turpi causâ non oritur actio, 97. Nulla promissio potest consistere, quæ ex voluntate promittentis statum capit, 114. 172. Actio personalis moritur cum personâ, 200, 606, 648. Culpa tenet suos auctores, 232. Respondeat superior, 239. Volenti non fit injuria, 299, 628, 647. "MENIAL" SERVANT, meaning and derivation of term, 138, n. (b). MINES. Metalliferous Mines Regulation Act, 1872- employment of women, young persons and children, 364. wages not to be paid in public-house, &c., 366. notices of accident, plans, &c., 366. fencing of abandoned mine, 367. inspectors, appointment, powers and duties of, 368. plans of mine, 370. inspector's report, ibid. arbitration, regulations as to, ibid. coroners' inquests on accidents, 372. general rules, 373. special rules, 376. penalties and procedure, 378. Metalliferous Mines Regulation Act, 1875- returns by owners and agents of mines, 383. employment of boys, girls and women, 384, 431. wages not to be paid in public-houses, 386. check-weighing, 386, 428, 855. shafts, 391. certificated managers, qualifications, appointment and removal of, 393, 431. returns and plans, 397, 429. notification of accident, 399. notice of opening and abandonment, ibid. MINES-continued. Coal Mines Regulation Acts-continued. fencing abandoned mine, 400. inspectors, appointment, qualification and powers of, 401. inspector, notice of danger and reports by, 402. accident, investigation of, 403. arbitration, regulations as to, 404, 429. coroners' inquests upon accidents, 406. general rules, 407, 430. special rules, 416, 428. publication of abstract of Act and Rules, 418. penalties and procedure, 419. definitions, 422. explosives, 430. MINES (PROHIBITION OF CHILD LABOUR UNDERGROUND) ACT, 1900, boys under thirteen not to be employed underground, 431. NECESSITY, servant's authority in cases of, 24, 216, 240. use of seal in corporation's contracts relating to matters of, 76, n. (n). NEGLIGENCE, master's liability for servant's. See LIABILITY; CROWN. of contractor, liability of employer for. See CONTRACTOR. "casual" or " collateral," what is, 256. of fellow-servant, 279. See COMMON EMPLOYMENT; EMPLOYERS' LIABILITY master is liable to servant for his personal, 290. master's personal— if he interfere with the work, 291. if he choose incompetent workmen or foremen, ibid. if he provide unsafe premises, or defective plant or tools, 292, 295. if the system of working be defective, 294. when the master's knowledge and the workman's ignorance must be proved, 296. measure of master's duty as to safety of premises, plant, &c., 297. master may delegate duty as to choice of workmen, safety of premises and plant, or instruction and warning to employees, 297, 305. contributory- meaning of, 304, 629. on part of servant, is a defence to master, 304. in case of infant plaintiff, ibid. is defence under Employers' Liability Act, 1880..305, 629. is no defence under Workmen's Compensation Act, 1906..305, 647. PARTNER, distinguished from servant, 44. authority of, to hire or discharge servant, 73. liability of, to servant injured by partner's negligence, 74, n. (r). retirement of, breach of contract of employment by reason of, 94, n. (»), 207. assumption of new, contract of service how affected by, 207. application of Metalliferous Mines Regulation Acts to, ibid. application of Factory and Workshop Acts to, ibid. RECEIVER, servants of company are discharged by appointment of, 128. of future earnings of judgment debtor, 130. liability of, on contracts, 224, n. (h). RELATIVES, remuneration for services not recoverable by, apart from special contract, 111. under various statutes. See EMPLOYERS AND WORKMEN ACT, 1875; EMPLOYERS' LIABILITY ACT, 1880; WORKMEN'S COMPENSATION ACT, 1906. SEAMEN, offences against discipline at sea by, 31, n. (b). punishment of, 31, n. (c). formalities of contracts with, 86. claim for extra wages by, 118. freight not the mother of wages of, 122. wages of, in case of sickness or accident, ibid. mutinous or drunken, forfeiture of wages by, 124. wages of, when payable, 126. wages of, not subject to attachment, 130. recovery of wages by, 131. insurance of wages by, 133. procedure in case of desertion by, or absence without leave of, 165, n. (n). lien of, for wages, 166, 169. excepted from Conspiracy and Protection of Property Act, 1875..603. are within Employers and Workmen Act, 1875..620. are not within Employers' Liability Act, 1880..631, 641. SERVANT, definition of, 7. interpretation of term, in bequests, 8, n. (a). "clerk or ..., of contractor, liability of contractee for acts and defaults of, 21. See CONTRACTOR. in Inland Revenue Acts, 25. cannot by agreement give master power of imprisonment, 29. as distinguished from agent, 32. as distinguished from bailee, 33. as such, cannot sue in trespass, 34. chattels found by, ibid. of cab-proprietor, cabdriver, quá the public, is, 35. as distinguished from contractor, 38. as distinguished from apprentice, 40, 46. as distinguished from tenant, 41, 47. occupying premises for purposes of service, rights of, 41. of Crown, occupying Crown property, exemption from rates of, 42. occupying premises, right to franchise of, ibid. burglary of premises occupied by, in whom property in premises to be laid, 43. is not partner, merely by reason of remuneration by share of profits, ibid. in criminal law, 54. in civil law, 55. in case of bankruptcy, 56. capacity to make binding contract of service, 57. cannot, without master's consent, bind himself to serve second master, 58. during military service, settlement not gained by, ibid. as, 58. deserter cannot be "lawfully hired" SERVANT-continued. authority of married woman to hire, 66. partner's authority to hire or discharge, 73. authority of directors of company to hire, 74. licence for male, 90. licence for male, unnecessary in case of hotel-keepers, 91. when master is bound to find work for, 96. is entitled to agreed wages, 109. when right to wages is to be implied, ibid. cannot maintain action for wages, if left to discretion of employer, 114. cannot maintain action for gratuities, 115. "upon expectation of gratuities," 116. when entitled to remuneration for extra work or overtime, 117. when entitled to extra wages, 118. under entire, or divisible, contract, rights of, 119. abandonment of contract by, owing to increase of risk, 121, n. (v), 171. set-off by mast-r against claim for wages by, 124, 335, 612, 619. priority in bankruptcy for claim for wages by, 127. entitled t payment of wages, immediately after proof in master's bankruptcy, 129. may prove for full salary in master's bankruptcy, ibid. has no preference in claim for wages against executor, 130. legacy to, when taken in satisfaction of wages, ibid. recovery of wages by. See WAGES. rights of, as to "notice." See NOTICE. menial or domestic, who is, 138, n. (b). master's duty to indemnify, 144. master's duty to provide sustenance for, 147. liability of master for neglecting, 148, 598. rights of, as to "character." See CHARACTER. when wrongfully dismissed, must use reasonable diligence to find suitable remedies of, for wrongful dismissal, 159. remedies of, for non-reception into service, ibid. liable for breach of contract to serve, 161. liable for negligence, ibid. expenses of going to master's house before engagement, or of returning there- dismissal of, grounds for. See DISMISSAL. restrained from using list of former master's customers, 176, n. (k). restrained from disclosing trade secrets of former master, 176. permanent illness is defence to action against, 182. illness of, whether wages payable during, 183. dismissal of, may be justified on ground unknown to master at time of forfeits wages on dismissal for just cause, 186. outside earnings or commission received by, master is entitled to, ibid. liability of, under Prevention of Corruption Act, 1906..188. inventions of, when property of master, ibid. place where bound to serve, 190. enticement, battery or seduction of, 193. See ACTION. injury causing immediate death of, action does not lie for, 200. action against railway company- for negligence causing injury to, 201. for loss of luggage of, ibid. |