Note-Two pairs of horses are charged double, and a single horse at half the price of a pair,

LAWS

RESPECTING MASTERS AND SERVANTS IN GENERAL.

THE nature of the contract between Masters and Servants, is simple, and may be clearly defined by the existing laws; of which the following are the most material points; and ought to be well understood, both by masters and

servants.

Hiring Servants.

The contract between a master and his domestic servant is called the Hiring, and may be made either in writing, or by verbal agreement; but, in the latter case, there should be a witness.

General Hiring.

If the hiring of a servant be general, without any particular time specified, the law construes it to be a hiring for a year certain. But, before the expiration of the year, three months' notice, at least, must be given by either party, or the service is continued for another year, and so on; as under a general hiring, the servant can never become a servant at will.

Particular Hiring.

In London, and other great towns, the common mode of hiring is by a month's warning, or a month's wages; that is, the parties agree to separate on either of them giving to the other a month's notice of his intention; or, in lieu of that, the party requiring the separation is to pay or give up a month's wages and this kind of hiring is sanctioned by law. But the contract may be made for any longer or shorter time; 5 Eliz. c. 4.

A yearly Servant is intitled to his Wages for the time of actual Service.

If a servant be hired in a general way, he is considered as hired with reference to the general understanding on the subject, and shall be entitled to his wages for the time he has served, though he do not continue in the service during the whole year; and if he die before the end of the year, his representatives will be entitled to so much wages as was due to him at the time of his death.

Of Discharging Servants.

A yearly servant cannot leave his place, nor be dis

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charged, without a quarter's warning, or wages, under the penalty of 40s.

If a servant be hired for a year certain, or for any indefinite time, which is construed in law, to be for a year, his master cannot discharge him either before, or at the end of the term, nor afterwards, without giving a quarter of a year's previous warning, before a witness ;-unless for some cause which shall be deemed sufficient by a magistrate, under the forfeiture of 40s.

And, as a master cannot discharge a yearly servant without a quarter's warning, given previous to the expiration of the year; neither can a servant leave his place without a similar notice, under pain of imprisonment, and of losing all his wages.

A servant leaving his place without giving regular notice, or neglecting his master's business, or disobeying his orders, (which is considered as a departure from his service,) or being guilty of any other misconduct, may be 'punished by three months' imprisonment, or in lieu thereof, with the loss of a part or the whole of his wages, at the discretion of a justice.

The Parties may part by mutual consent.

A master and his servant may part by mutual consent, without any forfeiture on either part ;-or, for a cause to be allowed by a justice.

A Servant may be discharged for any moral Crime.

If a servant be guilty of any moral infamy whilst in his master's service, he may discharge him without application to a justice.

Also, if he be taken into custody for any offence, and legally detained, so that he cannot attend to his duties, the master is authorized to discharge him. But, if the offence of which the servant is accused was committed before the time of hiring, the master cannot discharge him without the order of a justice.

A yearly Servant cannot be discharged for any act of God. A master cannot discharge his yearly servant within the year, by reason of illness, or of any hurt by which he may be disabled from doing his usual business, nor even for insanity, without an order from a justice; nor can his wages be abated for such reason.

A Servant may be discharged by a Justice if his Wages be not paid, or sufficient Maintenance be denied him. The master detaining a servant's wages, or not allowing

him sufficient meat and drink, or otherwise ill-treating him, is a good cause for a servant's leaving his place; but it must be allowed by a justice.

Punishment for insolence after Warning given.

If, after warning given, a servant is insolent, or refuses to do his duty, a magistrate may commit him to prison for the time he has to serve; but the master must pay him his wages whilst there.

Punishment for an assault on the Master or Mistress.

If a servant assault his master or mistress, or any other person having charge over him, he may be bound to his good behaviour; or be committed to prison, for a year or less, at the discretion of two magistrates.

Agreement by a Servant under age not to operate against him. No agreement made by a servant, with his master, whilst he is under the age of 21 years, can be made to operate against him.

A married Woman must serve her term.

A woman who is married, or shall marry during her servitude, must, in either case, serve cut her time; nor can her husband take her out of her master's service.

A Woman with Child may be discharged by a Justice. Should a woman with child be hired for a term, and her master knew not of it, or should she prove with child during her servitude, he may discharge her, with the concurrence of a magistrate.

But if, when he knows it, he does not discharge her before a magistrate, but keeps her on, he must provide for her till her delivery, and for one month after; when she is to be sent to her place of settlement.

Servants must go to Church.

Masters can insist on their servants going to church ; and every person whose servant shall be absent from church, for one month, at a time, without a reasonable excuse, forfeits 101. for every month he so keeps that servant,

Punishment for gaming.

A servant gaming at a public house, with cards, dice, draughts, or at any game, is liable to be taken before a magistrate, and fined from 5s. to 20s, one-fourth of which goes to the informer; and he may be committed to hard labour for a month, or till the penalty is paid.

Punishment for getting Drunk.

Every person convicted of having been drunk, within six

months previous to the information, before one justice, on the oath of one witness, forfeits 5s. for the first offence, or may be set in the stocks six hours; and for the second offence must give good security not to offend again.

Punishment for Cursing and Swearing.

Any servant who may be convicted of cursing and swearing, within eight days of the offence, before one justice, shall forfeit 1s. for the first offence; 2s. for the second; and 3s. for the third; or be committed to hard labour for ten days.

The Interest a Master has in his Servant.

The master can maintain an action for injury done to his servant; or for enticing him away, or for detaining him.

From the interest that a master acquires in his servant, by reason of the wages he pays him, if the servant be maimed or disabled in his master's service through the fault of another, the master may recover from that other, for loss of his service. Also, for this reason, a man may maintain an action against another for enticing away his servant; or for detaining him after demanded ;—or for retaining him with a knowledge of his having left him clandestinely for this latter offence an action is maintainable against the servant also, or against both.

A Master may protect his Servant, and may assist him to prosecute a Stranger.

A master may be justified in assaulting another in protection of his servant; or, he may assist his servant in supporting the expense of an action at law against a stranger; though in general it is deemed an offence against public justice to encourage animosities by such assistance.

A Servant is bound to defend his Master.

The master may demand the aid of his servant, and the servant may stand up in his master's or mistress's defence without being liable to punishment.

The Master is liable for the Acts of his Servant.

The acts of servants are, in most instances, deemed the acts of their masters. In fact, every man ought to transact his own business; and though by the indulgence of the law, he can delegate the power of acting for him to another, yet, it is with reason, that the acts of his substitute, being pursuant to his authority, should be considered as the acts of himself. It is, therefore, a rule of law, that whatever trespass a servant commits by the order, encouragement, or