are paid, the presumption of law is that they are paid; happily, however,

9856. Disputes Practically Unknown.-Disputes as to whether wages are or are not paid, are so rare and so unlikely that they may be said to be practically unknown.

RECOVERY.

9857. County Court.-When there is a dispute about the payment of salary or wages, or the amount that may be due, any person claiming payment may proceed by action in the County Court, when evidence as to the amount, or as to non-payment, may be fully gone into; and

9858. Magistrates.-Under special Acts of Parliament, every description of agricultural servant, and almost every working artificer or handicraftsman, is entitled to recover wages which may be due to him, by summary proceedings before local magistrates; but,

9859. Trading Assistants.—Clerks, warehousemen, trading and commercial assistants, and persons in miscellaneous employments, are not entitled to proceed for wages or salaries before magistrates; and 9860. Domestic Servants.-Domestic servants are not entitled to proceed for wages before magistrates; therefore,

9861. County or Superior Courts.-The unpaid wages or salaries of domestics, clerks, and other miscellaneous servants, are common debts, and can only be recovered in the County Court, or (if of considerable amount) in one of the superior courts.

IN BANKRUPTCY.

9862. Private Firms.-When an employer or a private partnership becomes bankrupt, and his estate suffices to pay costs, the bankrupt's servants are entitled to their full wages to the moment of the bankruptcy, as a first charge upon the estate, before any dividend can be made, subject, however, to certain statutory limits (9904); but,

UNDER LIQUIDATIONS.

9863. Servants of joint stock companies in liquidation, to whom wages or salaries may happen to be due at the time of commencing the liquidation, are not entitled to preference, but must wait for dividends upon the amount of their respective claims, in common with other creditors (8079).

ATTACHMENT OF WAGES.

9864. For some years previously to 1870, the County Courts had

power to "attach" prospective wages, for debts owing by persons in regular employment; that is,

9865. Interception.-If a person in the regular receipt of wages was sued in a County Court, and judgment went against him, and he had no money or available property wherewith to satisfy the debt, the judge formerly had power to make an order upon the defendant's employer, to pay into court a certain proportion of the defendant's wages, from week to week, until the debt of the plaintiff and costs were satisfied; but,

9866. Abolition.-By an Act passed in 1870, "attachment" of wages was abolished, and can no longer be enforced, either by the County Court or any other legal authority.

CONTINUANCE OF CONTRACT.

9867. Spontaneous.—A contract of hiring and service spontaneously continues, and is binding upon both parties, until put an end to by some specific act or default, or notice given, or special appointment, or in accordance with some custom; and

9868. Binding Effect.-Until a contract of hiring and service has been terminated by lapse of time, notice, or other contingency, both parties are bound by it; thus,

9869. Duty of Servants.-When a service is once entered upon, and no time is appointed for its termination, the servant is bound to continue the punctual attendance, and dutiful rendering of his time and energies, to the advantage of the employer; for,

9870. No Right to Withdraw. However indefinite a contract of hiring and service may be, the servant has no right to throw it up, or absent himself, without either notice or consent of the employer, unless he can show custom or other justification; and

9871. Duty of Employers.—If a master hires a servant for an indefinite time, and fails to give reasonable notice, he is bound to pay for the service as long as it is properly and punctually tendered; for, though,

9872. Hangers-on.-In most trades, custom has sanctioned masters in employing, or not employing, various indefinite hangerson of their workshops, at their pleasure, and such hangers-on of course take a corresponding licence; yet,

9873. Bound to continue Service. In the absence of any custom or implied understanding to the contrary, if a servant is once

"set on," and actually commences work, he is bound to go on; and

9874. Bound to Pay.-The master is bound to pay him according to terms until both are definitely and advisedly released from the contract by its proper and strict termination (9892); and

9875. Stated Periods.-When a hiring and service is by the week, or other stated period, the obligation of both parties to observe the contract strictly is enhanced; but,

ABSENCE AND HOLIDAYS.

9876. Whatever may be the indefiniteness of a contract of hiring and service, the servant has no right to absent himself or take a holiday for a moment without leave, and the master has no right to stop work, or prescribe a holiday for however short a time, unless he is prepared to pay during the cessation; provided, however, that

9877. Public Holidays.-No servant (not being a domestic) is bound to work, and no employer is bound to employ or pay for time, on Sundays, Christmas Days, Good Fridays, and public holidays appointed by authority, unless there is an express or implied contract between the parties to the contrary.

CONSEQUENCES OF BREACH.

9878. The obligation of a master and servant to observe and continue their mutual contract till it is duly terminated (9892) may be enforced or punished upon either party, the servant in the greater degree, and the master in the less; thus,

DEFAULTS OF EMPLOYERS.

9879. Lack of Employment.—If a master fails to provide employment or reasonable facilities for carrying it on, he is bound to pay for time-service, just as though the work were done, including the time of notice which the servant may be entitled to; and

9880. Wrongful Dismissal.-If a master affects to dismiss a servant without notice, when a notice is impliedly reserved, he must pay till the end of such reserved time of notice.

9881. Option of Servants.—If a servant thinks proper, he may take a default of the master as a summary termination of their mutual contract, and forthwith discharge himself from further obligation to serve; but,

9882. Obligation to Pay.-All that a master can be compelled to do is to pay it is otherwise with the servant; for,

DEFAULTS OF SERVANTS.

9883. Summary Dismissal.—A servant who fails to perform his part of a contract of hiring and service may be either summarily dismissed (9888); or,

9884. Specific Performance.-Held to a specific performance, by action, if the master so determines; and

9885. Answerable to Magistrates. Servants in husbandry,

labourers, miners, artificers, handicraftsmen, and workmen, in various branches of trade and manufactures, are liable to be summoned by their masters before magistrates for absenting themselves without lawful excuse and refusing to work or fulfil their contracts; and, on conviction,

9886. Security.-May be compelled to find security for the completion of their contract; or,

9887. Fine or Imprisonment.-Be fined or imprisoned; and

FORFEITURE,

9888. In all cases where a servant rightfully suffers summary dismissal (9908) in consequence of his absence, carelessness, disobedience, or other default, he has no right to payment for the partially completed time during the progress of which he was dismissed; thus,

9889. Four Days Lost.—If a servant, either at weekly wages, or under a weekly engagement on piece, absents himself, without notice, leave, or other justification, during the whole of a certain Friday, and the master thinks proper to make such absence a ground for summary dismissal, on the servant presenting himself on the Saturday morning, such master, if he thinks fit, may refuse to pay what such defaulting servant earned during the first four days of the week, and such servant cannot recover such earnings by any legal means, unless it can be proved that the master was not justified in the summary dismissal; and

9890. Months and Quarters.—If a servant who is paid by the month or quarter misconducts himself or herself very seriously on the last day but one of such month or quarter, he or she risks, not only instant dismissal, but the loss of the preceding month's or quarter's salary; and

9891. Years. Should a servant who is paid only once a year be guilty of very gross misconduct, so as to cause loss or great inconvenience to his employer, during the twelfth month, such servant, in addition to instant dismissal, would risk the loss of the whole previous year's salary,

TERMINATION OF CONTRACT.

VARIOUS CONTINGENCIES.

9892. A contract of hiring and service may be terminated either by the bankruptcy of the employer (9904), by the death of either party (9903), by some breach of the contract (9905) or by "warning" or notice to leave (9927).

BANKRUPTCY.

9893. Instant Effect.-Bankruptcy of an employer instantly dissolves all contracts between him and all his servants and apprentices (10209); that is,

9894. Without Notice.-As soon as an employer is bankrupt, his servants are instantly at liberty to knock off work, without notice; or,

9895. Assignees Absolved. From the time of an employer's bankruptcy, the assignees are absolved from all previous contracts with his servants; but,

9896. Renewed Contracts by Assignees.—Express or implied (9606) contracts between assignees in bankruptcy and previous servants of the bankrupt are binding, as between the servant and the estate.

DEATH.

9897. Instant Effect. The death of either a master or a servant instantly terminates the contract subsisting between them; and

9898. Death of a Partner.-The death of a member of a private partnership, as between the firm and its servants, operates as if every member of the firm had died simultaneously; that is,

9899. Servants Released.—The servants of a deceased employer are under no obligation to continue their service under his partners, heirs, or executors; and

9900. Survivors Released.-The partners, heirs, and executors of a deceased employer are absolved by his death from the continuance of all contracts with his previous servants; but,

9901. Renewed Contracts by Survivors. Express or implied (9606) contracts between the surviving partners, heirs, or executors of a deceased employer, are binding, whether taken as renewals or original contracts; consequently,

9902. Implied Renewal.-If all the workpeople and servants of a deceased or bankrupt employer continue working without any interval of cessation, and they are permitted to do so without inter