servants, without regard to sex, subject only to the proviso of disavowal; but,

9769. Unusual Interference.-When a wife is never or seldom seen or mentioned in connection with her husband's business, there is no obligation upon any servant engaged in such business to accord obedience to her as only the ostensible agent of the husband; but,

EXPRESS AGENCY.

9770. Wives.-Any master or employer is at liberty to appoint, and may effectually appoint, his wife as his express agent for business purposes, however unsuited the business may be for her, or she for the business; and

9771. Overseers.-Every person expressly appointed by a master as agent in his business, as between him and his servants or workpeople, is entitled to exercise authority within the terms of his appointment, and to exact obedience from all who are impliedly placed under him, whether he is qualified for the position or not.

EMPLOYER'S INDIRECT RESPONSIBILITIES.

9772. A master, as between himself and strangers, is responsible for the acts of his agents and sub-agents, whether they are acting by express appointment or only ostensibly; for,

9773. Sub-Agents.-Though a master may be ignorant of the existence of one of his sub-agents, yet he may become liable for his acts, whether the acts be affirmative or negative; because,

9774. Binding Effect.-If a master permits another to act as his ostensible agent, and strangers transact business or make bargains with such agent in his master's name, and act bonâ fide and with good ground for believing that all is straightforward, the master is bound; thus,

9775. Hiring by Agents.-If a person acting as the ostensible agent of a master, hires another for any term of service, the person accepting the service is bound to serve, and the master to employ, just as though the contract had been made by the master; for,

9776. Ostensible Authority.—If a person bonâ fide appearing to be the foreman or overseer of a body of workmen, hires a workman, and the workman presents himself to work, or actually commences work, or works for a term, the master must fulfil his part of the contract accordingly, even though the hiring was contrary to his instructions; because,

9777. Though an agent or sub-agent of a master may have been

expressly forbidden to hire any one, it is not to be supposed that the person accepting the hiring knew of that circumstance, unless he had been notified thereof; notwithstanding,

LIMITATIONS OF AGENCY.

9778. A master, as between himself and strangers, is liable for and to all his agents and sub-agents, so far, and only so far, as their ostensible functions and spheres go; so that,

9779. Usual Acts.—If R makes a contract with G as the agent of A, in respect of any particular business, and A repudiates the contract, R, in order to sustain the contract, must prove that he had unimpeachable evidence that G was rightfully acting in the matter; for instance,

9780. Unusual Acts.—If a journeyman bricklayer presumes to hire and employ a labourer, as and for the bricklayer's master, and the master repudiates the hiring, the hiring cannot be sustained unless the labourer can prove that the bricklayer had been expressly authorized to hire him, because it is unusual for a journeyman bricklayer to hire labourers for their masters; but,

9781. Ostensible Foremen.—If building works are going on, and a labourer sees a man giving orders and procuring obedience, and acting as the ostensible agent of the contractor, as foreman of the works, and he offers his services, and such ostensible manager hires him, the contract is binding upon the master, and also upon the labourer, unless the latter can prove non-agency, or the former can show that the labourer had no good ground for believing in the agency; again,

9782. Notorious Foremen. If a person is notoriously the manager or head foreman over work-people, any hiring effected by him binds his employer; but,

9783. Professed Foremen.-If a man takes service under a man only professing to be a manager or head foreman, he must, to maintain the contract, prove that he had good ground for believing in the agency; and

9784. Secondary Foremen.-When any person, ostensibly acting as agent only in a secondary or third-rate degree, hires a workman and the hiring is repudiated by the master, the workman, to sustain the contract, must prove that he bonâ fide believed in the agency, and also that hiring by an agent of such a degree was usual in the trade or connection; so also,

9785. Domestic Agents.—If a person who is notcriously a housekeeper in a domestic establishment, or a head groom or coachman

in charge of a gentleman's stables, effects a hiring, it will be binding upon the master; but,

9786. Inferior Agents.—If a person accepts a hiring from an inferior domestic servant of any kind, and the hiring is repudiated, such person cannot sustain the contract without proof of the servant's authority.

LIABILITIES OF EMPLOYERS.

9787. Legal Responsibility.-Every person who engages another to work for him assumes the position and legal responsibility of a master or mistress; and

9788. Work and Wages.—Every master having duly engaged a servant, or having permitted him to enter his service, is legally bound to employ or continue to employ such servant, or, at any rate, to pay him, until the engagement is legally brought to a termination (9892); and

9789. Insufficient Facilities.—If a master finds employment for a servant, but fails to provide reasonable facilities or usuai appliances for doing the work, then such master stands in a position as if he had not found employment at all (9787); and

room

9790. Unprotected Premises.-If a master places a servant in a or other place, entirely unprotected from the weather, say with windows broken, or destitute of firing in very cold seasons, so that, from the nature of the work required (as neat writing by a clerk, or watch-cleaning), it cannot be properly done under exposure to extreme cold, the master stands in a position as if he had not found employment at all (9787).

DANGEROUS OCCUPATIONS.

9791. Every master is legally bound to provide against extraordinary dangers whereby his servant may take serious injury; thus, 9792. Minimum Risk.-In occupations which are essentially dangerous, the master is bound to take reasonable precautions to secure a minimum amount of risk to his servants; for,

9793. Neglect or Penuriousness.-If a servant is injured in consequence of any proved neglect, or omission, or penuriousness of his master, the master is responsible; thus,

9794. Rotten Scaffolding.—If a builder knowingly permits the use of very rotten poles, or other extremely defective adjuncts, in the construction of scaffolding, whereby a breakdown occurs, he is responsible for the consequent injury to his workmen, especially if the rottenness or other defectiveness had been pointed out to him, and he had contemptuously disregarded it; but,

9795. Slight Defects.-If a builder in ordering the construction of scaffolding gives instructions for poles to be used which are only slightly defective, and good ground can be proved for believing them strong enough, and they break down, contrary to calculation which is proved to be reasonable, whereby the workmen are hurt, the master is not generally answerable; for,

9796. Reasonable Care.—It has been laid down that a master is not bound to take more care of his servants than he would naturally be expected to take of himself; and

RECKLESS FELLOW SERVANTS.

6767. Employer Exonerated.—It is settled that if one servant receives injury in consequence of the act or default of a fellow servant, the master is not liable, however flagrant the act or default may be, unless the master can be proved to have previously known the delinquent to be a reckless, careless, or incompetent workman, and that the accident happened from such known recklessness, carelessness, or incompetence; but,

9798. Employer Liable.—If a master knowingly employs a reckless or otherwise unfit servant, and his recklessness or unfitness causes an injury to his fellow servants, and such master can be proved to have previously known of the recklessness or unfitness, he is fully liable to such fellow servants, especially if it can be proved that complaint had been previously made to such master of the servant's unfitness.

INJURIES TO STRANGERS.

9799. Defective Arrangements.-Every master is liable to strangers for physical or pecuniary injury, caused by reason of defects in his appliances, or deficiencies or vices of one or any of his workmen; thus,

9800. Defective Scaffolding.-If a builder's scaffolding breaks down, and strangers are injured, they are entitled to damages if any deficiency or neglect can be proved on the part of the builder, his appliances, or any of his men; but,

9801. Accidents to Scaffolding.—If strangers are injured by the fall of scaffolding, and there is no evidence of any act, neglect, carelessness, or malice by either master or men, and no evidence of unusual deficiency in the materials used, it is legally a pure accident, and the strangers have no case for damages; otherwise,

9802. Painting and Washing.—If a workman in painting, washing, or otherwise proceeding upon or about a building or other

work, in or abutting upon any public thoroughfare, so conducts himself that passers-by are injured in person or clothing, by the incautious moving of materials, or the splashing of any kind of fluid, the master builder is liable, unless it can be proved that the injury was caused by wanton carelessness on the part of the strangers; and 9803. Wet Paint.—If a painter leaves wet paint exposed in a public thoroughfare, without reasonable notice or precaution, and the clothing of strangers is injured in passing, they being in bona fide ignorance of the paint being wet, the master painter is liable.

ASSAULTS UPON SERVANTS.

9804. Masters and mistresses have no legal right, under any circumstances, to strike servants, or to submit them to any kind of physical chastisement, except in the case of refractory apprentices (10178); therefore,

9805. Answerable before Magistrates.—If a master or mistress beats, or strikes, or lays violent hands on a servant who is not an apprentice (10181), it is a case of common or aggravated assault, according to its degree, and is answerable before magistrates in like manner as an assault upon a stranger.

SALARIES AND WAGES.

AMOUNT AND TIME.

9806. The nature of the claim of a servant, to salary or wages, has reference both to amount and time of payment.

NOT ALWAYS PAYABLE.

9807. The fact that a servant is acting as the servant of another is not absolute and conclusive evidence that he is entitled to salary or wages; for,

9808. On Trial.-If a servant agrees to serve for any stated term "on trial," and payment is not expressly reserved during the trial, the law presumes that the service during the trial is gratuitous; and 9809. Voluntary Services.-Should a person volunteer and render any service to another, such as "minding shop," or helping to dig a plot of ground, or doing a bit of writing, or assisting with accounts, and the party is not a shopman or a working gardener, or a regular writer, or an accountant respectively, there would be no claim for payment, however long the service may last or however valuable it may be, unless payment was expressly reserved; and