"I have much pleasure in stating that the within-named Joseph Hopeful has been a faithful and valuable apprentice, and that he is now a very excel. lent and trustworthy workman.

"WILLIAM SMART."

10218. Natural Sequence.-The consideration of characters of apprentices naturally leads to that of servants' characters generally, being a few pages well worthy of a little study.

SERVANTS' CHARACTERS.

NO ESSENTIAL TITLE.

10219. There is a prevalent notion that every servant upon leaving one place or seeking another is legally entitled, of right, to a character from his present or late employer, but such a notion is erroneous; for,

10220. No Compulsion.—If a master or mistress refuses to give a character or to say anything about the character of a present or late servant, there is no legal power of compulsion; and

10221. Spiteful Silence.-Though the refusal arises from petty spite or an unjustifiable feeling of affront of the paltriest character, there is no legal punishment for silence; and

CHARACTERS UPON APPLICATION.

10222. Unfavourable Characters.—If an employer chooses, upon application duly made, to give a character of a servant which is unfavourable, such employer may do so with perfect immunity; and

10223. Privileged Communications.—When an unfavourable character is without malice, it is what is called " privileged," and will not subject such employer to legal penalties of any kind; for,

BAD CHARACTERS.

10224. Duty to be Candid.-Not only is a bad character of a serrant privileged it is the duty of the employer to give it candidly (10246) when duly applied to for that purpose; and

10225. Immunity of Employers.-Though a bad character of a servant may not be strictly true, the onus of proving its truth does not legally rest upon the person who gives it; for,

10226. Onus upon Servant.-When a bad character is given of a servant, it has been laid down that the onus of proving it false rests

upon the servant, unless it includes distinct and definite accusations; thus,

10227. Indefinite Accusations.—If an employer says that a servant is idle, or uncleanly, or sulky, or slow, or inefficient, the servant has no remedy, even though the accusation be untrue, unless there is evidence of malice (10244); but,

10228. Definite Accusations.—If an employer says of a servant that she is gluttonous, or given to pilfering, or saucy, or passionate, or destructive of property or materials, or dishonest, such employer must be prepared with some specific evidence; and especially

10229. At least One Instance.-If a servant is stated to be dishonest, the employer giving such a character must be prepared to quote at least one instance of theft; or,

10230. Justifiable Suspicion.-A course of events sufficient to snstain a justifiable suspicion of theft; but,

10231. Legal Proof Needless.-When an employer accuses a servant of theft, it is not necessary that there should be legal proof of the offence, much less a prosecution; and indeed,

10232. Unwise Proceedings.-A prosecution may rather weaken the position of an employer with reference to a servant's character; for, 10233. Failure.—If an employer prosecutes a servant for theft, and the prosecution fails, the servant must not be accused of dishonesty in respect of that event, for so far the dishonesty is virtually disproved.

10234. Reasonable Belief Sufficient.-A master having refused to give his late servant a character, was applied to by the brother of the servant for his reason for refusing, and the master said, "I believe he has robbed me for years, and I can prove it by the circumstances under which he was dismissed," and that was held to be a privileged communication, although the servant had been dismissed upon a charge of one theft only; and

10235 Hearsay.—It has been held that an employer in giving a bad character of a servant may go beyond positive knowledge, and refer to mere hearsay; thus,

10236. Deliberate Accusation.-The following character is on record as a privileged written communication :

"Mrs. Affleck's compliments to Mrs. S., and is sorry that, in reply to her inquiries respecting E. Child, nothing can be in justice said in her favour. She lived with Mrs. A. but for a few weeks, in which short time she frequently conducted herself disgracefully; and Mrs. A. is concerned to add she has since her dismissal been credibly informed she has been, and now is, a prosti tute at Bury."

WITHOUT APPLICATION.

10237. Great Distinction.—Though an employer is at liberty to say almost anything against a servant if duly applied to for a character, the case is far otherwise in the absence of an application; it is true that,

10238. Privileged Communication.—If the late employer of a very objectionable servant hears that such servant has entered, or is about to enter, another engagement, such employer is legally entitled to write or go to the new employer, stating all that is to be truly alleged against such servant, and such late employer will be exonerated from legal penalty for so doing, if acting bonâ fide and without apparent malice; but,

10239. Wanton Gossip.—If an employer relates the delinquencies of a late servant, and repeats them at home, or amongst neighbours, in a maliciously or wantonly gossiping way, whereby the servant may repeatedly fail to procure another place, such employer may be cast in damages, unless there is some very extraordinary justification; notwithstanding,

10240. Allowable Statements.—An employer may, in the absence of malice, repeat to any one his opinion of a servant, even though he is not applied to for a character; thus,

10241. To Servants.—A servant, after being discharged for theft, was afterwards discovered in communication with the remaining servants, and their master said, in presence of them all, “I have dismissed that man for robbing me, do not speak to him any more in public or private, or I shall think you as bad as he," and the master was held to be justified in so saying; and

10242. To Neighbours.—A master in dismissing a servant told him that he did so because he had robbed him, which was said in the presence of a neighbour, and the master was held to be justified.

10243. Complicated Case.-A domestic servant referred for her character to her late mistress. Said mistress was ill, and her husband wrote a favourable character. When the late mistress recovered she wrote, in a letter to the servant's new mistress, that she had lately been much imposed upon in her kitchen. This led to further inquiries, and the late mistress then plainly said that she suspected the servant of dishonesty. The servant sued for damages, and it was held that the late mistress was not only privileged to make the communication, but was bound (10246) to correct the too-favourable character which her husband had given, there being no evidence of malice; though,

10244. Proved Malice.-Unfortunately there are cases on record where malice has been proved against employers in giving bad characters to servants, and heavy damages usually follow proof of such malice; but,

10245. Great Licence.-As a general rule, an employer is legally at liberty to say anything derogatory of a servant, provided it is a near approximation to the exact truth, that it is said bond fide, and not for the sole purpose of injuring the servant; on the contrary,

GOOD CHARACTERS.

10246. Risk.-There is far more risk of getting into trouble by giving a servant too good a character than by giving a bad one; for,

10247. Suppressed Truth.-If an employer in giving a character of a servant suppresses anything materially bad which such employer knows of such servant, such employer, in addition to risking an action for damages (10261), is expressly liable to fine or imprisonment (10258); and

10248. False Character.-If any person gives a character of a servant which in any way wilfully and falsely represents the character of such servant to be good when it is bad, such person is expressly liable to fine or imprisonment (10258); and

10249. As to Time.-If any person falsely represents that a servant has been in such person's employ, or in such employ for a longer time than is true, such person is expressly liable to fine or imprisonment (10258); and

10250. Pretended Employers.-If any person falsely represents that he or she has at any time been an employer of any servant whatsoever, when such person has not been an employer as stated, such person is expressly liable to fine or imprisonment (10258); and

10251. Pretended Servants.-If any servant falsely represents that he or she has been in any person's employ, or in such employ for a longer period than is true, such servant is expressly liable to fine or imprisonment (10258); and

10252. Denial of Service.-If any servant falsely represents that he or she has not been in any particular employment, contrary to the fact, such servant is expressly liable to fine or imprisonment (10258); and

or,

FORGED CHARACTERS.

10253. If any servant or other person forges a written character;

10254. Adds to; or,

10255. Alters; or,

10256. Erases any word, date, or any portion of a genuine written haracter;

10257. Such servant or person is expressly liable to fine or imprisonment; for,

FALSE REPRESENTATIONS.

10258. It is expressly enacted, that if any person makes any false representation whatever, with the intent to procure, upon any false pretence, a hiring for himself or herself, or for any other party,

10259. Fine of £20.-Such person, upon proof thereof before two justices, shall forfeit £20 and 10s. costs; or,

10260. Imprisonment.—In default of payment shall be imprisoned for not less than one month or not more than three months; and

DAMAGES.

10261. False Inducement.-Independently of the express criminal character imparted by statute to the giving of a good character falsely, every person who induces a person to employ a dishonest servant is distinctly liable to an action for damages.

10262. Striking Case.-A case, tried at the Guildhall, London, in 1792, disclosed the fact that the defendant had falsely represented to the plaintiff that a certain servant was honest and of good character, well knowing that the representation was not true. The servant robbed the plaintiff of property to a large amount, for which the servant was hanged. The defendant was adjudged to pay the plaintiff the full amount of which he had been robbed; and

10263. Liability for Losses.-It is clearly laid down that making a false representation as to the character of a servant, whereby he obtains employment, renders the party making it liable to the party employing him for any loss which may be sustained through the default of such servant; again,

10264. Mistaken Friendship.-"If a man wickedly asserts that which he knows to be false, and thereby draws his neighbour into a heavy loss, he is liable for the consequences, though he acted under the specious justification of striving to serve a friend."