MASTER, quarter. See QUARTER. MASTERS and SERVANTS. In Lon don and other places, the mode of hiring is by what is commonly called 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 no tice for that purpose, or in lieu thereof; the party requiring the separation to pay or give up a month's wages. But if the hiring of a servant be general, without any particular time specified, it will be construed to be an hiring for a year cer tain ; and in this case, if the servant de part before the year, he forfeits all his wages. And where a servant is hired for one year certain, and so from year to year, as long as both parties shall agree, and the servant enter upon a second year, he must serve out that year, and is not merely a servant at will after the first year. If a woman servant marry, she must nevertheless serve out her term, and her husband cannot take 4er out of her master's service.
If a servant be disabled in his master's service, by an injury received through an other's default, the master may recover damages for loss of his service. Which is the foundation also of an action where the servant, even though she is the child of the master, is seduced.
And a master may not only maintain an action against any one who entices away his servant, but also against the servant ; and if, without any enticement, a servant leaves his master without just cause, an action will lie against another, who retains him with a knowledge of such departure.
A master has a just right to expect and exact fidelity and obedience in all his lawful commands ; and to enfbrce this, he may correct his servant in a reason. able manner, but this correction must he to enforce the just and lawful commands of the master.
In defence of his master, a servant may justify assaulting another, and though death should ensue, it is not murder, in case of any unlawful attack upon his mas ter's person or property.
Acts of the servant are, in many in, stances, deemed acts of the master ; and he is answerable for them when they are pursuant to his authority.
If a servant commit an act of trespass by command or encouragement of his master, the master will be answerable. But in so doing his servant is not excus ed, as he is bound to obey the master in such things only as are honest and law ful.
If a servant of an innkeeper rob his master's guest, the master is bound to make good the loss. Also, if a waiter at an inn sell a man bad wine, by which his health is impaired, an action will lie against the master : for his permitting him to sell it to any person is deemed an im plied general nommand like manner, if a servant be frequently permitted to do a thing by the tacit consent of his mas ter, the master will be liable, as such permission is equivalent to a general com mand.
If a servant is usually sent upon trust with any tradesman, and he takes goods in the name of his master upon his own account, the master must pay for them. And, also, if he is sent sometimes on trust, and at other times with money. But if a man usually deals with his tradesmen himself, or constantly pays them ready money, he is not answerable for what his servant may take up in his name ; for in this case there is not, as in the other, any implied order to trust him.
So it is if the master never had any per sonal dealings with the tradesman, but the contracts have always been between the servant and the tradesman, and the master has regularly given his servant money for payment of every thing had on his account, the master shall not be charg ed. Or if a person forbid his tradesman to trust his servant on his account, and he continues to purchase upon credit, he is not liable.
The act of a servant, though he has quitted his master's service, has been held to be binding upon the master, by reason of the former credit given him on his mas ter's account, and its not being known to the party trusting that he was discharg ed.
The master is also answerable for any injury arising by the fault or neglect of his servant when executing his master's business.. But if there be no neglect or default in the servant, the master is not liable.
If a smith's servant lame a horse whilst shoeing him, or the servant of a surgeon make a wound worse, an action for dama ges will lie against the master, and not against the servant. But the damage must be done whilst the servant is actu ally employed in his master's service, otherwise he is liable to answer for his own misbehaviour or neglect.
A master is likewise chargeable, if bis servant cast any dirt, &c. out of the house into the common street ; and so for any other nuisance occasioned by his servants, to the damage or annoyance of any indi vidual, or the common nuisance of his majesty's subjects.
A servant is not answerable to his mas ter for any loss which may happen with out his wilful neglect ; but if he be guilty of fraud or gross negligence, an action will tie against him by his master.
A master is not liable in trespass for the wilful act of his servant, as by driving his master's carriage against another, done without the direction or assent of his mas ter, no person being in the carriage when the act was done But he is liable to answer for any damage arising to an other from the negligence or unskilful ness of his servant acting in his employ, as for negligently driving against an other,