2. The said engagement as a traveller shall be for the term of three years from the date hereof (provided the firm of A. B. & Co. shall so long last), but determinable as hereinafter mentioned.
3. There shall be paid to the traveller by way of remuneration for such services as aforesaid the sum of three pounds per week, payable weekly on Saturday in each week.
4. There shall also be paid and allowed to the traveller in addition to such salary as aforesaid a reasonable sum for his expenses connected with his travelling for the employers as shall be from time to time determined upon by them at their absolute discretion.
5. There shall be paid to the traveller in addition to the salary mentioned in clause 4 hereof a commission of one per cent. upon all orders obtained by him or through his instrumentality in respect of all goods now dealt in by the employers and upon all new goods of every kind and description dealt in by the employers, during the continuation of this agreement, but such commission shall not be payable on any orders given by the firms mentioned in the schedule hereto unless the employers shall in their absolute and uncontrolled discretion think fit to give any remuneration to the traveller in respect of such orders given by such firms. Provided that if the employers shall at any time give any such last-mentioned remuneration, the fact thereof shall not create any precedent or give rise to any claim by the traveller in respect of any orders given by such firms. Provided also that the traveller shall not be entitled to any commission upon any goods supplied to any customers of the employers in or about London unless he intro duces and obtains orders therefrom for any goods not at present supplied to such firms, in which event he shall be entitled to commission upon all new orders so obtained.
6. The traveller shall represent the employers at such place or places whenever and wherever he may be required, and he shall devote his whole time and attention to their business, and shall not at any time during the continuance of his employment either directly or indirectly carry on or represent, or be concerned in carrying mein a similar trade or business or inything of a like nature to that carried on by the employers ; nor shall he travel for or represent in any manner whatsoever any other firm carrying on a business of a similar nature or at all.
7. The traveller shall keep an order-book and record therein all orders received by him, and shall produce the same whenever required.
8. The traveller shall not collect any accounts whatever unless he shall be expressly authorised and requested in writing by the employers so to do.
9. Upon the termination of this agreement all books of account, papers, price lists, and documents of every description used by the traveller in connection with the business shall be handed over by him to the employers and become their absolute property.
10. Upon the termination of this agreement, whether by affinxion of time or otherwise, the traveller shall not for a period of three years then next ensuing carry on or represent either directly or indirectly, or be concerned in directly or indirectly either by himself or in partnership with any person or persons, company or companies, or in any other manner whatsoever, any trade or business of the same or a similar nature to that now carried on, or hereafter during the con tinuance of this agreement to be carried on, by the employers anywhere within the British Isles or within a hundred miles of wherever he shall have represented the employers, under a penalty of £500, which sum shall be recoverable as liquidated damages.
11. If at any time during the continuance of this agreement the traveller shall not in all respects perform the obligations on his part herein contained, the same and the employment hereunder shall immediately cease and determine, any thing else herein contained to the contrary notwithstanding.
As witness the hands of the said parties, The Schedule above 'inferred to.
Johns & Brown, Leeds; Smith, Robinson & Co., Birmingham, &c.
(Signed) f A. B. & Co.
Witness, C. D. E. F.
COMMON is the term applied to the doctrine of the common law, that there is no implied contract by a master to indem nify his servant against any injury happening in the course of his employ ment, or even not to expose his servant to any extraordinary risks. In effect, this rule holds that a servant upon accepting an employment undertakes all risks incidental thereto. The doctrine had its effective origin in 1837, but within recent years there has grown up an increasing opposition to its spirit.