55. Guardians by socage, for nurture, continue only till the miller is fourteen years of age : for then, in both cases, he is presumed to have discretion to choose his own guardian.
56. Guardian by statute, is where a father appoints a guardian for his child, born or unborn, by deed or will, which he may do to any person except a Popish recusant, until it attain the age of one-and-twenty years.
57. A guardian is bound, when his ward comes of age, to give him an account of all that he has transacted upon his behalf, and to answer for all losses through his ne-. gligence.
58. The chief injury to a parent or guardian, is the ab duction of their children or wards, of which we may here take notice that the legal remedy is by action of trespass, to recover possession of them and damages.
59. The relation between master and servant arises, where one for a stipulated sum, or an implied contract for remuneration, undertakes to do certain work or services for another.
60. First, Menial or domestic servants are persons hired without any particular time limited. The law construes this hiring to be for a year ; and no master can put away such servant, nor such servant leave his master after being so retained, either before or at the end of his term, without a quarter's warning ; but a master may turn away his ser vant instantly for any breach of morality. Second..4ppren tires are persons placed under a master or mistress by deed indented, to be maintained, and instructed in some particular trade or business. They may be moderately corrected for any misbehaviour, arid may be discharged on reasonable cause, either at the request of themselves or masters, made at the quarter-sessions, or by one jus tice with appeal to the quarter-sessions. If an appren tice with whom less than ten pounds has been given run away from his master, he is compellable to serve out his time of absence, or make satisfaction for the time, within seven years after the expiration of his original con tract. Third, Labourers are hired by the day or week, do
not live intra menia as part of the family, and are re gulated by a number of statutes. Fourth, Stewards. fac tors, and bailiffs, whom the law considers as servant's pro tempore, with regard to such of their acts as affect then master's employ.
61. Persons having served seven years as apprentices to any trade, have an exclusive right to exercise that trade in any part of England.
62. A master is answerable for the acts of his servant if done by his command, either expressly given or implied, 111 all matters that are holiest and lawful ; for whatever a ser vant is permitted to do in the usual course of business, is equivalent to a general command ; so if a man invariably deals with a tradesman in ready money, he is not answer able for what his servant takes upon trust. If a servant by his negligence, and not wilful default, does any damage to a stranger, while actually employed in his master's service, his master shall answer his neglect.
63. If any person gives a false character of a servant, or a false account of his former service ; or if any servant shall give such false character, or shall alter a certificate of a character, he shall, upon conviction before a justice of the peace, forfeit L.20, with 10s. costs. In an action against a person who had knowingly given a false character of a man to the plaintiff, who was thereby induced to take him into his service, and this servant having soon after rubbed his master of property to a great amount, for which he was executed, the plaintiff recovered damages against the de fendant to the extent of the loss.
64. The most direct and ordinary injuries to a master are, 1. Retaining his servants; and, 2. Beating them ;—the le gal remedy of both of which classes of injury is by action on the case for damages.