CHARACTER TO SERVANT. The master is under no legal obligation, either in Eng land or in Scotland, to give a character to his servant, however long, faithfully, or effi ciently he may have served him; the duty of bearing testimony in his favor being one which, however binding in morality,, it has not been found convenient to enforce by positive law; but, if given, the character must be strictly true, or, at all events, in accordance with the master's belief, otherwise he may be exposed to an action of dam ages, either by the servant whom he has calumniated, or by a subsequent employer whom he has deceived. If true, however, the fact of its being prejudicial will expose the master to no risk. In order to justify the giving of a bad character, however, it must, in general, be asked for by the servant, as the master is not entitled needlessly to publish the servant's defects. In that case, it will lie with the servant to prove its falsehood, not with the master to prove its truth. The case of the servant being known by the master to have committed a felony while in his service, is, however, an exception to this rule, as, in a case so extreme, the master is at liberty to warn others against taking him into their employment. Even though strictly true, the if prejudicial,
must not be more so than the circumstances render necessary. Acts of petty dishonesty, such as are too common amongst servants, will not warrant the master in branding him as a thief. The safe course, in such a case, is to state the offense, and not to describe it by a general epithet, which may convey an erroneous impression of its mag nitude.
It is probable that, partly from thoughtless good-nature, and partly from a selfish desire to get rid of a bad servant in the most comfortable manner, false characters are given in favor of servants very much more frequently than to their prejudice. It is desirable that masters and mistresses should have in view that they may render them selves liable in reparation of any damage which can be shown to be the direct result of