John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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priority of claim ibr wages in bankruptcy, 162, 165

within the Bankruptcy Acts, 165

lien of, 203

CLOCK MANUFACTURES,

frauds in, 345

CLOTHING,

master not providing, 181

COAL MINES REGULATION ACT. >Soe Mixes.
COMBINATION LAWS, S'JC See Tradk Unions.

C0:\IPLA1XTS,

by servants, as to defects in machinery, 325, 667

COMMON EMPJiOYMENT, 302
tests of, 307
chief cases as to, 331
defence of, as between felU»w servants, 256. See also

E.MJ'LOVKliS' iilAlULITY A'T.



INDEX. 687

COMMERCIAL TRAVELLER,

liiring of, 171

COMMLSSIOX,

payment by, (J5, 75

COMPANIES,

contracts of hiring and service of, 118, 119
wages of servants of, in wii^ding-up, IGl
liability for acts of servants of, 259, 287, 290, 322

CONSIDERATION,

mnst be stated, 110
what is, 12G
immoral, IIU
absence of, 139

CONCILIATION,

councils of, 585

CONSOLIDATION OF ACTIONS, 075. See Employers'
Liability Act.

CONSPIRACY AND PROTECTION OF PROPERTY. &e
Trade Unions, G15

CONTRACT,

for hfe, 31

parties to, 83

of hiring and service, how formed, lOG

duration of, lOG, 1G7

part performance of, 109n., 159n.

not to be performed within a year, lOG

under seal, 11."

consideration ol", 139

divisible, l.'jS

entire, 153

dissolution of, by death, 1^35

by bankruptcy, 238

by consent, 238
by servants for masters, 244
by servant as general agent, 24G

CONTRACTOR,

and servant, GO



GS8 INDEX.

CONTRACTOR— fw?/mwprf.

employer not liable for acts of, 2G2

liable for unlawful work of, 20-4

dangerous work of, 26G
interference with, 208
See also Truck Act and Employers' Liability Act.

CONTRIBUTORY NEGLIGENCE,

of third persons, 292
of servants, 325, r>29
of children, ;)29

CORN,

misappropriation of master's, 3C1

CORPORATION,

appointment of servants by deed, ] !?>

exceptions, 113

contracts of hirinc," and service of, 113

municipal, contracts of, 1 1 (i

liability of, for acts of servants, 259, 2G1, 290

knowledge of servants of, 32 5n.

CORRECTION,

of servants, 32

COTTON MANUFACTURES,

frauds in, 340, 342, 343, 319, 353

COUNTER CLAIMS, 159

CRIMINAL,

liability of masters for acts of servants, :^72

CREDIT,

servant's power to pledge master's, 24G

CUSTOM, 110, 1G9

DAMAGES,

measure of for iinproi)er dismissal, 191, xxxiii.

caused by workmen, G31n., G32n.

under Employers' Liability Act, 6G8, 078

DANClEROrS PERFORMANCES ACT, 4G7



INDEX.



CSO



DANGEROUS WORK,

servant engaging in, 208, 300
contractor employed to execute, 2GG
master's duty in regard to, IU8
Sep also Employers' Liability Act.

DEATH,

of master, 23.")

of servant, 23r>

dissolution of contract by, 235

of apprentice, 23G

wages and effects of seamen at, 557

DEDUCTIONS,

fi-om wages, 157n., 309, 37G, 383, G38

from seamen's wages, 5GG

See Truck Act, Hosieky Manufacture Act, E^i-

PLOYERS AND "WORKMEN ACT.

DEFECTS,

in machinery, 317

servant's knowledge of, 325, GG2

See Employers' Liability Act, GG4 and xxxiv.

DESERTION,

by seamen, 5 GO
punishment for, SCO, 5G9

DETOUR,

servant making, 284

DIRECTORS,

authority to hire servants, 119
fraud by, 2 GO

DISCHARGE OF SERVANT. See Dismissal.

DISCRETION,

renmneration left to employer's, 1 17

DISMISSAL,

when servant may sue for wrongful, 193

Y V



GOO INDEX.

BlS^SnSSXlj—confuiiirtL

damages for wrongful, 191
grounds for, 205

disobedience, 205

habitual negligence, 208

dishonesty, 210

claiming to be partner, 211

gross immoralitj', 212

gross insolence, 213

want of skill, 214

permanent sickness, 215

when question for Court, 217
master need not state grounds of, 218
of apprentice, 222
old law as to, 224

DISPUTES,

former jurisdiction of justices as to, 18

jurisdiction under Emploj-ers and Workmen Act, G31

DISSOLUTION

of contract by death, 235
by consent, 238
by bankruptcy, 238

DISTANCE,

how measured in contracts in restraint of trade, 13Gn.

DIVISIBLE CONTRACTS OF SERVICE, 153

DOMESTIC SERVANT,
hiring of, 1G9
notice to, 109

See Truck Act, Council of Conciliation, and
Employers' Liability Act.

DRAWERS, 106

DRUNKENNESS,

disciiarge for, 158, 212, 560n.

DURATION OF CONTRACT, 1G7

DUTIES. See Master and Servant.



INDKX. 091

DUTY. Spp Stamps.

DYEIXG WORKS. Sec Factory Act, 533, 535, 537

EARNEST MONEY,
payment of, 1 ()(»

EARNINGS,

of apprentice, master's right to, 2."), 220
of servant, master's right to, 25, 220

EDITOR,

engagement of, 109

EDUCATION ACTS, 541

See also Factory Act, Mines, Agricultural Gangs.

EJECTMENT OF SERVANTS, (53

EMBEZZLEMENT ACTS, 340

EMPLOYERS' LIAlilLITY.

Act, 054

contracting out of, 655

rights of personal representatives, 050

vrorkmen accepting compensation, 057

insurance, 058

effect of Act, 059

"workmen," 659,072

defences open to employer, 600

servant's knowledge of defects, 602

" defects," 004

plant, 605

persons entrusted with suiierintendence, 605

persons in charge of signal, &c., 006

railway, 660n.

bye-laws, 667

amount of compensation, 068, 678

notice necessary, OOs

defects in notice, 008n,

deduction from compensation, 070

action to be tried in county court, (570

service of notice, 071

definitions, 072

rules, 072

Y V 2



G92 INDEX.

EMPLOYERS' JAABlUTY - contume(7.
assessors, G73

application for, GTo
consolidation of actions, G75
Lord Campbell's Act, 077
See Addenda, xxxiv.

EMPLOYERS' AND WORKMEN ACT, G^O
■workmen within, Coin., G35
jurisdiction of County Courts, G31
powers of County Courts, G;52
disputes between masters and workmen, 03 1, 033
adjusting- and setting off claims, G32
rescinding contracts, G32
awarding damages, 032
accepting security, 032
Res judicata, G32n.
arbitration clauees, G32u.
Court of Summary Jurisdiction, G33
dispute between master and apprentice, G33
jurisdiction as to apprentice, 633
order to perform duties, 633
rescinding contracts of apprenticeship, 034
return of premium, 034
Imprisonment of apprentice, G34
summoning surety for apprentice, 034
procedure, 634
giving security, 034
])ayment by instalments, 034
" workmen," G;)5
" artificer," 03 On.
deduction from wages in case of those subject to Factory

Acts, 639
rules, 039

EMPLOYMENT,

duty of servant to seek, 191

ENGAGEMENT OE SEAMEN, 5;a

ENLIST]\IENT, 85

ENTIRE CONTRACTS OE SERVICE, 153



INDEX.



(>f)3



EXECUTOI^S,

payment of wa,<^cs by, 1 G;}

EXTRA WORK,

rouuneration for, 150

FACTORY ACT, 400

(for full index to, sop p. 4G9)

pi-ovisious for safety, 478

sanitary provisions, 479, 505, 5:51

employment of children, yonng persons, and women, 482,
49G, 532

hom-s of meals, 482, 480, 495, 501, 505, 532

textile factories, 483, 497, 520

holidays, 488

education of cliildren, 488

certificate ol" fitness, 490

accidents, 492

special provisions relating to particnlar classes of factories
and workshops, 493

special restrictions as to employment, meals, and certifi-
cates of fitness, 495

special exceptions relaxing general law ni certain factories
and workshops—

(«) period of employment, 490
(&) meal hours, 50 1
(c) overtime, 501
{d) night work, 504

special exception for domestic and certain other factories
and workshops, 505

supplemental as to special provisions, 500

administration, penalties, and legal proceedings —

(1) insi)ection, 508

(2) certifying surgeons, 511

(3) miscellaneous, 512

(4) fines, 514

(5) legal proceedings, 517
definitions, savings, &c.

(1) definitions (factory, workshop, &c.), 520
special exemption of certain trades, 524

(2) savings, 525

(3) application of Act to Scotland and Ireland, 525



604 INDEX.

F ACTOll Y ACT— con fin rml

repeal of Acts, 529, 539

schedules — first schedule — special provisions for health —
factories in which the employment of young persons
and children is restricted, 531

second schedule — special restrictions — places forbidden for
meals, 531

third schedule— special exceptions — period of employ-
ment, 532

meal hours, 532

overtime, 533

additional half-hour, 535

overtime for perishable articles, 535

night work, 535

spell, 53 G

fourth schedule — list of factories and workshops, 536

non-textile factories, 536

non- textile factories and workshops, 537

fifth schedule — special exemptions, 538

sixth schedule — Acts repealed, 539

FARM SERVANT, 375, 637n.

FARMER

working on Sunday, 338

FATHER,

right of to children's earnings, 91
emancipation of children, 91
action for loss of service of children, 229
See also Education Acts.

FELLOW SERVANT,

W'ho, 304, 331
chief cases as to, 331

FEMALE SERVANT,

chastity of, 2 1 2

marriage of does not dissolve contract of hiring, 103

FENCING. Sen Coal ^Iinks Rkgulation Act, 421 ; Mktal-
LiFKuous Mines Act, 451 ; and Factory Act, 478.



INDEX. 695

FIRE,

liability of master for damage by, 287, 29;>

FLAX

manufiicturcs, frands in, iMo, 310, D.jS
mills. Sec Factory Act, 533, 537

FOOD,

master's duty to provide, 180
of seamen, 558

FOREMAN,

a fellow servant, 332

FORFEITURE,

of seamen's wages, 158, 5 CO

of wages, 219

of wages of children, young persons, and women, 38-ln., G38

FRAME RENT,

deductions for, 37G, 383

FRAUDS,

Statute of, lOG

master's liability for frauds of servant, 250, 281)

of directors, '2^^

FREIGHT,

not the mother of wages, 155, 555

GANGS,

agricultural, 4G4
gang-masters, 465

GAS,

breaches of contracts of service by gasmen, GIG

GENERAL HIRING, 1G7

GLASS MAKING. iSee Factory Act, 531, 533, 537



COG IKDFA'.

GOODS,

payment of wages in, "09
See Truck Act.

GOVERNESS,

hiring of, ]69n.

past misconduct of, 213

GOVERNMENT,

liability of servants of, 290

servants of not within the Employers' Lia^ility Act, G72n.

GRATUITIES

to servants, 149

GRATUITOUSLY,

promise to work, 126n.

GRINDING,

in metal trades, employment of children in, 531. See
Factory Act.

GUARANTEES

to firm, 237n.

GUARDIANS,

contract of liiring by, 115

GUILDS, 13

HARBOURING,

of servant, action for, 231
of apprentice, 231

HEALTH,

of seamen, 557

See Master's Duty, and Factory Act.

HEMP lilANUFACTURES,
frauds in, 349

HIRER

of carriage not liable for acts of driver, 12, 2C9

HOSIERY MANUFACTURE ACT, 383



INDEX.



007



HOTEL KEEPER,

servants of, 125

HUNTSMAN, lG9n.

HUSBANDRY,

employment of diiklren in, 540

See Agricultural Gangs Act, Truck Act, Councils
OF Conciliation Act.



ILLEGAL CONTRACTS, 131
ILLNESS. See Sickness.
I^iLMORAL CONTRACTS, 131

IMMORALITY,

ground for dismissal, 212

IMPLIED

contract of service, 1 43
authority of servant, 244, 288n.
See also Liability.

INCOMPETENT

servants, liability of master for employing, 271, 316

INCOMPETENCY,

ground for dismissal, 214

INDENTURES. See ArrRENTiCESHiP.

INFANTS,

contracts by, 87

ratification by, 87

necessaries for, 88

contracts subjecting to penalties, 89

not liable on covenants of apprenticeship, 90

disaffirming contracts of service, 9 On.

father's right to earnings, 91

emancipation of, 91

remedies for wages, IGlii.

not within Councils of Conciliation Act, 587



COS INDEX.

mFXKTS—confhmed.

subject to Employers and Workmen Act, G3G
See Trade Unions, G27

INJUNCTION",

to restrain servant from breaking contract, 199 ^

INJURIES,

to servant, master's right of action for, 228
to servants, causing death, 231
breach of contract of service causing bodily, 017
by servants. See Liability.

INNKEEPER,

liabihty for acts of servants, 277

INSOLENCE

of servant, ground for dismissal, 213

INSURANCE,

of servant's wages, 105

of captain's wages, 105

under Employers' Liability Act, 058

amount of, when to be deducted from compensation, 078

INSURER,

master not insurer of servant, 303

INTEREST,

not payable on work and labour, lG4n.

INVENTION

by servant, 221

IRON

manufactures, frauds in, 310, 342, 313, 349

IRON MILLS. See Factory Act, 533, 535, 537

JUSTICES,

former jurisdiction of, as to wages, 18
See also Employers and Workmex Act.

LABOURERS,

statutes of, 9, 14
growth of free, 1 3



INDEX. 099



LACE FACTORIES, 538



LARCENY

by servants, 80, ."59
in mines, ;>58
in manufactures, 358

LEGACIES,

work done in expectation of, 141)

to servants in satisfaction of wages, 1G3

LENDING

of servants, 42

LETTER PRESS PRINTING WORKS. See Factory Act,
533, 534, 535, 537

LIABILITY,

of master for contracts made by servants, 244

of servant to third persons, 253

of servant on contracts, 253

of servant to fellow servant, 25 G

of servant to master, 25G

of master for torts of servants, 257

of companies for acts of servants, 259

of employer for acts of contractor, 2G2

of charterer, 2G9

of principal for acts of agent, 271

of master for acts done by his orders, 272

criminal liability of master, 272

of master for libels by servant, 273

of master for penalties, 273

for nuisances, 27G
master's instructions to servant no defence, 279
for what acts master not liable, 282, 285, 290
history of liability of master, 292
chief cases as to, 295
of master to his servants, 302

for his own negligence, 305. Sec Employers' Lia-
bility Act.

LIBEL,

by servants, master's liability for, 273
on servants, 185



700 INDEX.

LICENCES

for male servants, 124

TJEN,

workman's, 201
seaman's, 204, 554:
master's, 556

LIFE,

contracts for, 31

LIMITATION,

statnte of as to wages, 1(14

LINEN

manufactures, frauds in, 340, 342, 343, 340, 353

LITHOGRAPHIC PHINTING. See Factory Act, 532, 534

LIVERY,

servant's right to, 155n.

LOCAL BOARDS,

contracts of hiring of, 117

LOCATIO CONDUCTIO, 70

LODGING,

master's duty to provide, 1 80

LOSS BY SERVANT, 157n.

LUCIFER MATCHES,

making of. See Factory Act, 531, 53G

LUNACY,

■whether a gi'ound of discharge, 217n.

LUNATICS,

contracts of, 104

:\IACHINERY,

master's duty in regard to, 317

cliief cases as to, 334

Sec al.so Factory Act and Employers' Liabimty Act.

MALK SEIiVANT,
duty on, 124



INDKX. 701

MALICE,

jiroof of in actions for slander, 187

MALICIOUS

prosecution, 200
injury to property, 359

MANDATE, 12G

MAERIAGE

not a dissolution of contract of hiring and service, lOcn.

MAERIED WOIMEN,
contracts of, 93
payment to, 93
carrying- on business, 95
custom of London as to, 'Jon.
desertion of, 96
protection order, 9G

MARPJED WOMEN'S PROPERTY ACT, 1870, 97

18S2, 98

MASTER'S

duty to pay wages, 112

to indemnify servants, 17G

to provide food, 180

to teach apprentices, 183

to select servants with care, 31G

MASTER'S CERTIFICATE, 5 19

MATERIALS,

embezzling of, 340

MATE'S CERTIFICATE, 519

MEAL HOURS. See Factory Act, 482, 480, 495, 501, 505, 532.

MEDICINES,

master not bound to provide, 180

duty to provide seamen with, 182, 557, 5G3

MENIAL SERVANTS, 169



702 INl^EX.

MILITIAMEX,

contracts of hiving and service by, 84n.

MINES (COAL) REOULATION ACT, 396

application of the Act, yi>G

employment of women, yonng persons, and children, 39G

employment of boys under ten and women and girls

below ground prohibited, 39G
employment of boys of the age of ten and under twelve,

397
boys of twelve and under thirteen, 397
regulation as to employment of boys and male young

persons below ground, 397
regulations as to attendance at school, 397
deduction from wages for education, 399
provisions with respect to employment of women, young

persons, and children above ground, 400
register of boys, &c., employed below ground, and women,

&c., above ground, 400
person having charge of engine,- &c., 401
no wages to be ]mid at public-house, 402
payment by weight, 402

appointment and removal of check weigher, 403
single shafts, prohibition of, 405
exceptions as to, 40G
division of mine into parts, 407
certificated managers, appointment of, 407
appointment of board of examiners for granting certificates

of competency, 408
constitution and proceedings of the board, 409
certificates of com])ctency, 409
certificates of service, 409
inquiry into conduct of manager, 410
returns, notices, and abandonment, 412
returns as to quantity of coal wrought, &c., 412
notice of loss of life, or jiersonal injury, 413
notice of abandonment of mine, 414
fencing of al)an(loncd mine, 414
inspection, 411

appointment of inspector, 41.")
powers of inspector, 415



INDEX. 703

MINES (COAL) REGULATION KQT—contl,im,L

notice by inspector us to mine Ijcing dangerous or defective,

41G
plans of, to 1)0 kept l)y owners, 410
inspectors to make annual rei)ort, 417
arbitration, provisions as to, 417
coroners' inquests, provisions as to, 419
general rules to be observed, 420
ventilation, 420

fencing of entrances to places not in actual working, 421
withdrawal of workmen, 422
use of locked safety-lamps, 422
use of gunpowder, 422
dangerous accumulation of water, 423
man-holes, 423

fencing of tops of shafts out of use, 424
securing of roofs, 424
slipping of ropes, 424
break power, 425
fencing fly-wheels, &c., 425
steam gauges, 425
wilful damage to fences, &c., 425
inspection by miners, 426
special rules, 426

approval of special rules by Secretary of State, 426
penalties, 429
imprisonment, 430
prosecutions, 432
definitions, 434
schedules — schedule I. — table of fees, 436

schedule O. — proceedings of Board of Examinations,
437

schedule III. — Acts repealed, 438

schedule IV. — annual return, 439

MINES (METALLIFEROUS) REGULATION ACT, 440
application of Act, 440

employment of women, young persons, and children, 440
employment of boys under twelve, women and girls below
ground prohibited, 440



704 INDEX.

MINES (METALLIFEROUS) EEDULATION kGT—conUl

employment of boys of twelve and under thirteen, and
male young persons below .ground, 440

register of boys, &c., employed below, and of women, young-
persons, and children above ground, 441

person having charge of engine, &c., 441

no wages to be paid at public-house, 442

returns, notices, and abandonment, 442

notice as to loss of life or personal injury, 443

notice of abandonment of mine, 443

fencing of abandoned mine, 444

inspection, 445

appointment of inspector, 445
powers of, 445

notice by inspector as to mine being dangerous or de-
fective, 446

plans to be kept by owners, 44 G

inspector to make annual rei)ort, 447

arbitration, provisions as to, 447

coroners' inquests, provisions as to, 449

general rules to be observed, 450

ventilation, 450

use of gunpowder, 450

signalling, 451, 452

man-holes, 451

fencing top of shafts, 451

slipping of ropes, 452

break power, 452

steam gauges, 452

wilful damage to fencing, &c., 452

special rules, 453 *

]ienalties, 455

:mi)risonment, 450

prosecutions, 45s

miscellaneous — definitions, 459

schedule — Acts repealed, 4G1

Amendment Act of 1875, 462

MINING

agent, authority of, 246



70{



INDEX.

MOLESTATION

by workmen, 508, G18

MONOPOLIES, 13

MONTHLY

hiring, 168

MUNICIPAL CORPORATIONS,

contracts of, IIG

MUTUALITY, 127n.

contracts void for want of, 127, 139



NAVAL

captain not liable for acts of officers, 271
Courts, 502

NAYY,

seamen volunteering into, 8."), bo7

NECESSARIES. See Married Women, Infant, Lunatic.

NEGLIGENCE. See Liability and Contributory Negli-
gence.

KOTICE,

to domestic servants, IGO
length of, 1G9, 170, 172
custom as to, 171
reasonable notice, 172

of termination of servant's authority, 247. See also Mines
and Factory Act.

NUISANCE,

roaster's liability for, 270
See also Factory Act, 478



OBEDIENCE,

servant's duty of, 20^

OBSTRUCTION

by workmen, 598, 618



TOG INDEX.

OCCUPATIOX,

by servant, G2

by public officers, G4

OFFENCES

by seamen, 559

punishment of, 560

OFFICES, PUBLIC,

contracts for sale of, 133

PAPER MILLS. See Factory Act, 533, 535, 537

PARENTS,

right of to children's earnings, 91

employment by contrary to Education Acts, 547

PAROL

agreements, lOG
evidence, 110

PART PERFORMANCE

of contract, 109n., 159n.

PARTICULAR INSTRUCTIONS. See Employers' Liability
Act, G63, GGG

PARTIES

to contract of hiring, 83

PARTNER

and servant, G5

power of to hire servant, 105

to discharge servant, 105
death of, 23G
rights of new, 237
liability of, for acts of co-partner, 315

PATENT. See Invention.

PAYMENT

of wages, presumption of, IGI

PENALTIES,

master's liability for, 273

Sec also i\IiNE.s, Factory, and Education Acts,



INDEX. 707

PERSONATION

of master, and giving false character, 363

PICKETTING, 618

PILOTS,

liability for act of, 270

PLACE,

for instructing apprentices, 184, xxxiii.
of service, 226

POSSESSION,

by servant, 24, 80
by wrong-doer, 81

PREFERENCE,

as to payment of wages. See Executors, Baxkruptcy,
WiNDixa-UP.

PREMIUMS,

recovery of, 123n., 184, 634

PRINCIPALS,

liability of, for acts of agents, 271

PRINT WORKS. See Factory Act, 533, 535

PRIVATE ORDERS, 246, 279

PRIVILEGE,

of master in regard to servant's character, 185

PROPERTY,

servant's duty in regard to, 209

PROTECTION ORDER, 96

PROVOCATION,

by master, 207

PUBLIC HOUSE,

payment of wages in, 160, 402, 444

z z '2



708 INDEX.

PUBLIC OFFICERS

not responsible for subordinates, 200

PUBLIC OFFICES,

contracts for sale of, 133

PUNISHMENT,

of apprentices, 24, 32
of servants, 25, 31
of seamen, 5G0

QUANTV3I MERUIT,

payment of, 154, 157

QUAERY, 538

RAILWAY,

meaning of, 66Gn.

RAILWAY COMPANY,

authority of servants of, 245, 251, 287

servants of. Sec Employers' Liability Act, G59, G72

RATIFICATION

by infants, 87

by master of servant's contracts, 248

by master of servant's torts, 289

RECOVERY OF WACJES, IGO, 55G

RELATIVES,

work done for, 144

RES JUDICATA, G32n.

RESCISSION,

of contracts by courts, G32, G34

RESTRAINT

of trade, contracts in, 134
what contracts valid, 135
Sec also Trade Unions.

RETAINER, 142

EULES,

defective under Employers' Liability Act, GG3, CGG, GG7



INDEX. 709



SALARY

of bankrupt, 240
apportionment of, xxxiii.

SALE

and contracts of service, 57
of public offices, 133

SALVAGE,

seamen's right to, 555
SCIENTER, 325n.

SCOTCH COURTS,

views of as to common employment, 312

SEAL,

contracts under, 113
SEAMEN,

punishment of, 33, 5 GO

agi-eements with. 111, 551

right to extra remuneration, 151

recovery of wages by, IGO, 556

Acts relating to, 548

to what ships Acts apply, 548

shipping offices, 548

mercantile marine offices, 548

certificates of masters, 540
of mates, 549

apprenticeships to the sea service, 549

indentures, how executed, 550

engagement of seamen, 551

form of agreement in home vessels, 551
in foreign-going vessels, 552

allotment of wages, 553

allotment notes, 553, 567

discharge and payment of wages, 554

legal rights to wages, 554

liens, 554

wages not dependent on freight, 555

mode of recovering wages, 556

discharge of seamen abroad, 557

volunteering into navy, 557

provisions, health and accommodatioD, 557



710 ' INDEX.

seamen kept on short allowance, 558

protection of seamen from imposition, 559

attachment of wages, 559

discipline, 559

ott'ences by seamen, 559

desertion and forfeiture of wages, 500

punishment for desertion, &c., 560

naval courts, 562

returns as to seamen, 562

entry of punishments, &c., in log, 563

30 & 31 Vict. c. 124—563

scale of medicines, 563

illness caused by neglect of master, 563
by wilful act of seaman, 564

accommodation, 564
34 & 35 Vict. c. 110—564

inquiry into seaworthiness at request of crew, 565
36 & 37 Vict. c. 85—505

compensation to seamen when ship not fit to proceed
to sea, 565
39 & 40 Vict. c. 80—566

implied obligation of seaworthiness, 566
43 & 44 Vict. c. 16—560

payment of wages and rating of, 566
document authorising future payment of wages, 566
allotment of wages, 567
settlement of wages, 567
desertion or refusal to serve, 569

SEAWORTHINESS,

implied obligation of, 566

SECRET

processes, contracts restraining use of, 138

SECRETS,

servant divulging master's, 210

SEDUCTION,

actions for, 230
chief cases as to, 233



INDEX. 711

SERFAGE,

history of, L

SERVANT,

definition of, 34

in wills, 35n.

different meanings of, 37

in Larceny Acts, 3.sn.

tests of relationship, U

working for other than his master, 42, 309

of two masters, 46

in Carrier's Act, 49

de facto, 50

and agent, 53

bailee, 55

contractor, GO

apprentice, 01, 09

tenant, 02, 70

partner, G5, 75
within the Bankruptcy Acts, 105
duties of, 205
duty to obey, 205

to be diligent, 208



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 72 of 77)