200 FALSEHOOD, LIKE A NETTLE, STINGS THOSE WHO MEDDLE WITH IT. 1358. WOOD. Yellow. - i. Brush over with the tincture of turmeric. ii. Warm the work and brush over with weak aquafortis, then hold to the fire. Varnish or oil as usual. 1359. Employers and Employed. It is customary with respect to domestic servants, that if the terms are not otherwise defined, the hiring is by the month, and may be put an end to by either party giving a month's warning; or, at the will of the employer, a month's wages. 1360. AN EMPLOYER MAY DISMISS A SERVANT upon paying wages for one month beyond the date of actual dismissal, the wages without service being deemed equivalent to the extra board and lodging with service. 1361. THERE ARE DISTINCTIONS WITH RESPECT TO CLERKS, and servants of a superior class. A month's warning or wages will not determine the engagements of servants of this class. 1362. THE TERMS UPON WHICH CLERKS and superior servants are employed being very various, it is desirable to have some specific agreement, or other proof of the conditions of service and wages. 1363. AGREEMENTS WITH MENIAL SERVANTS need not be stamped; but contracts of a higher and special character should be. 1364. THE TERMS OF AN AGREE MENT should be distinctly expressed, and be signed by both parties. And the conditions under which the agreement may be terminated by either party should be fully stated. 1365. EVERY AGREEMENT SHOULD BEAR EVIDENCE OF MUTUALITY of interest. If one party agrees to stay with another, and give gratuitous services, with the view of acquiring knowledge of a business, and the other party does not agree to employ and to teach, the agreement is void, as being without consideration. 1366. AN EMPLOYER MUST CONTRACT TO EMPLOY, as well as a servant to serve, otherwise the employer may put an end to the contract at his own pleasure. In such a case a servant may be dismissed without notice. GIVE 1367. AN AGREEMENT TO PERMANENT EMPLOYMENT is received as extending only to a substantial and reasonable period of time, and that there shall be no immediate and peremptory dismissal, without cause. 1368. WHEN NO STIPULATION IS MADE at the time of the hiring, or in the agreement, that a servant shall be liable for breakages, injuries from negligence, &c., the employer, can only recover from the servant by due process of law. 1369. IT IS A PRUDENT STIPULATION that, if a servant quit his employ before the specified time, or without due notice, a certain amount of wages shall be forfeited; otherwise the employer can only recover by action for damages. 1370. IN THE CASE OF LIVERY SERVANTS, it should be agreed that, upon quitting service, they deliver up the liveries; otherwise disputes may arise that can only be determined by recourse to law. 1371. WHEN A MASTER TO WHOM AN APPRENTICE IS BOUND for a particular trade, changes that trade for another, the indenture binding the apprentice becomes null and void. 1372. IF A SERVANT, retained for a year, happen within the period of his service to fall sick, or to be hurt or lamed, or otherwise to become of infirm body by the act of God, while doing his master's business, the master cannot put such servant away, nor abate any part of his wages for such time. 1373. BUT THIS DOES NOT INTERFERE WITH THE RIGHT OF AN EMPLOYER to determine a contract for services in those cases where terms of discharge are specified in the contract of hiring. In such cases, inability to serve, through sickness or other infirmity, puts an end to right to wages, which are in consideration of such services. 1374. WHEN THE HIRING OF A SUPERIOR SERVANT is for a year, if the servant, prior to the expiration of the LET TRUTH BE OUR GUIDE. year, commits any act by which he may be lawfully discharged, he cannot claim wages for the part of the year which he may have served. 1375. BUT A MENIAL SERVANT MAY CLAIM up to the date of his dismissal, unless his discharge be for embezzlement or other felonious acts. 1376. UPON The Death of A SERVANT, his personal representative may claim arrears of wages due, unless the contract of employment specified and required the completion of any particular period. 1377. WHEN A MASTER BECOMES BANKRUPT, the court may order the payment of arrears of wages not exceeding three months, and not more than £30; but a servant or clerk is at liberty to prove upon the bankrupt's estate for any amount above that sum. 1378. RECEIPTS SHOULD BE TAKEN FOR WAGES PAID. Where servants have been under age, it has been held that moneys advanced for fineries and extravagances unbecoming to a servant did not constitute payment of wages, and the employer has been compelled to pay again. 1379. MONEYS PAID TO A MARRIED WOMAN, though for her own services, may be claimed again by her husband. 1380. A MASTER MAY BECOME LIABLE FOR MEDICAL ATTENDANCE upon his sick servant if he calls in his own medical man, and orders him to attend to the servant. 1381. WHEN A SERVANT IS DISCHARGED for any just cause, he cannot claim wages beyond the last pay-day under the contract of hiring. 1382. A GENERAL HIRING OF A CLERK or warehouseman is for a year, even though the wages be paid by the month, unless a month's warning or wages be specified in the contract of employment. 201 where a servant stipulates to be exempted from particular duties that usually belong to his situation. 1384. WHEN A SERVANT MAY REFUSE to perform any duty required from him, his right so to refuse will generally be determined by the usages prevailing among servants of a similar class. 1385. A SERVANT BEING SEDUCED FROM THE EMPLOYMENT of a master, the latter has a right of action against the seducer for losses sustained. 1386. IT IS ΑΝ ESTABLISHED MAXIM IN LAW, that whoever does an act by the hands of another shall be deemed to have done it himself. And hence, in many matters, masters are responsible for the acts of their servants. But if a servant does an unlawful act, not arising out of the discharge of his duties to his master, then the employer is not responsible. 1387. WHERE A SERVANT BUYS THINGS FOR AN EMPLOYER'S USE, the master is bound to see them paid for; and it is no release for the master to say that he gave the servant money to pay for them; nor that he contracted with the servant for the latter to supply them. 1388. AN ACTION WILL NOT LIE against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a false character from motives of malice, then an action for libel will lie against him; but the representations must be proved to be false as well as voluntary. 1389. Laws of Landlord and Tenant. 1390. LEASES.-A lease is a con 1383. WHERE A SERVANT RE- veyance of premises or lands for a SERVES TO HIMSELF SPECIAL PRI- specified term of years, at a yearly rent, VILEGES, such as particular portions of with definite conditions as to alterations, his time, the hiring becomes special, repairs, payment of rent, forfeiture, &c. and cannot be governed by the terms Being an instrument of much importof general engagements. So, also, ance, it should always be drawn by a II 202 THE FALL OF THE LEAF IS A WHISPER TO THE LIVING. respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled. 1391. PRECAUTION. -In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or assign his interest, carry on some particular trade, &c. cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down. 1396. NEGLECT OF REPAIRS BY LANDLORD.-If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs. 1397. RIGHT OF LANDLORD TO ENTER PREMISES.-A landlord may enter upon the premises (having given previous notice), although not expressed in the lease), for the purpose of viewing the state of the property. 1398. TERMINATION OF LEASES.A tenant must deliver up possession at the expiration of the term (the lease 1392. COVENANTS.-The covenants being sufficient notice), or he will conon the landlord's part are usually the tinue liable to the rent as tenant by granting of legal enjoyment of the pre- sufferance without any new contract; mises to the lessee; the saving him but if the landlord recognizes such harmless from all other claimants to tenancy by accepting a payment of rent title; and also for future assurance. after the lease has expired, such acceptOn the tenant's part, they are usually to ance will constitute a tenancy: but prepay the rent and taxes; to keep the pre-vious to accepting rent, the landlord mises in suitable repair; and to deliver may bring his ejectment without notice; up possession when the term has expired. | for, the lease having expired, the tenant 1393. RENT AND TAXES. The is a trespasser. A lease covenanted to lessee covenants to pay the rent and all be void if the rent be not paid upon taxes, except the land and property the day appointed, is good, unless the taxes, which may be deducted from the landlord make an entry. rent. 1394. ASSIGNMENTS.-Unless there be a covenant against assignment, a lease may be assigned, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot. 1395. REPAIRS. A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of 1399. MARRIED WOMEN.-Married women (unless the power is expressly reserved them by marriage settlement) cannot grant leases; but husbands, seised in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in the ordinary case of husband and wife. Married women cannot (except by special custom) take leases; if husband and wife accept a lease, she may, after his death, accept or reject it, in the same manner as an infant may, and is not bound by the covenants, though she continues a tenant. 1400. COPYHOLDERS.-Copyholders THE HOPE IS SURE WHICH HAS ITS FOUNDATION IN VIRTUE. may not grant a lease for longer than one year, unless by custom, or permission of the lord; and the lease of a steward of a manor is not good, unless he is duly invested with a power for that purpose. 1401. NOTICES.-All notices, of whatever description, relating to tenancies, should be in writing, and the person serving the said notice should write on the back thereof a memorandum of the date on which it was served, and should keep a copy of the said notice, with a similar memorandum attached. 1402. YEARLY TENANCIES.-Houses are considered as let for the year, and the tenants are subject to the laws affecting annual tenancies, unless there be an agreement in writing to the contrary. 1403. Agreement for taking a House on an Annual Tenancy. - Memorandum of an undertaking, entered into this between R. A., of -, as follows: 203 and to keep the said house in all necessary repairs, so long as the said L. O. shall con tinue therein. 1405. INDEMNITY FROM ARREARS. If the landlord agree to secure the incoming tenant from all arrears (and the tenant should see to this) due on account of rent, rates, and taxes, the indemnification should be written on a separate paper, and in something like the following terms: 1406. Indemnification against Rents, Rates, and Taxes in Arrear.-I, R. A., landlord of a certain house and premises now about to be taken and occupied by L. O., do hereby agree to indemnify the said L. O. from the payment of any rent, taxes, or rates in arrear, prior to the date of the day at which his said tenancy commences. As witness my hand this day of Witness, G. C. 186 R. A., Landlord of the above premises. day of and 1407. Agreement for taking a House for Three Years.-Memorandum of an agreement made the day of 186, between R. A., of and L. O., of as follows: L. O., of The said R. A. doth hereby let unto the said L. O. a dwelling-house, situate in in the parish of for the term of one year certain, and so on from year to year, until half a year's notice to quit be given by or to either party, at the yearly rent of pounds, payable quarterly; the tenancy to commence at -day next. And the said R. A. doth undertake to pay the land-tax, the property-tax, and the sewerrate, and to keep the said house in all necessary repairs, so long as the said L. O. shall continue therein. And the said L.O. doth undertake to take the said house of R. A. for the before-mentioned term and rent, and pay all taxes, except those on land, or property, and the sewer-rate, and the other conditions aforesaid. Witness our hands, the day and year aforesaid. R. A. L. 0. LORD. Witness, G. C. 1404. PAYMENT OF TAXES BY LAND-If the landlord agree to pay all the rates and taxes, then a different wording of the agreement should take place, as thus: And the said R. A. doth undertake to pay all rates and taxes, of whatever nature or kind, chargeable on the said house and premises, The said R. A. doth let unto the said L. O. a house (and garden, if any), with appurtenances, situated in ——, in the parish of for three years certain. The rent to commence from day next, at and under the yearly rent of payable quarterly, the first payment to be at day next. The said L. O. doth agree to take the said house (and garden) of the said R. A., for the term and rent payable in manner aforesaid; and that he will, at the expiration of the term, leave the house in as good repair as he found it [wear and tear excepted]. Witness our hands. Witness, G. C. R. A. L. 0. ཧྨཎ ལ BUY VALA JE TEN BEAF IS A WESPER TO THE LIVING zuvor. A lessee who covenants to pay meat and key the premises in repair, is Lab to pay the rent although the premas may be burned down. 1396. NEGLECT OF REPAIRS BY LANDLORD-If a landlord covenant to repair, and neglect to do so, the tenant mây do it, and withhold so much of the reet. But it is advisable that notice thereof should be given by the tenant to the hoord, in the presence of a witness, prior to commencing the repairs. 1397. RIGHT OF LANDLORD TO ENTER PREMISES.-A landlord may enter upon the premises (having given previous notice), although not expressed in the lease, for the purpose of viewing the state of the property. 1391. Pasciems. — In taking a kase the tyrant's selvener shelial curgf.ly examine the covenants, a it be také am mu beriense, be stocat ascertam the remnants of the encod aeuse, crüerwise, when the late, he may fnd ...self so restricted in his overpation that the premises may be whily use less for his purpose, or he may be mvolved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trale; he may find himself compelled to rebuild or pay rent in case of fire; h may find himself subject to forfeiture of his lease, or other penalty, if he 1898. TERMINATION OF LEASES.should underlet or assign his interest, A tenant must deliver up possession at carry on some particular trade, &c. the expiration of the term (the lease 1392. COVENANTS.-The covenants being sufficient notice), or he will conon the landlord's part are usually the tinue liable to the rent as tenant by granting of legal enjoyment of the pre- sufferance without any new contract; Inises to the lessee; the saving him but if the landlord recognizes such harmless from all other claimants to tenancy by accepting a payment of rent title; and also for future assurance. after the lease has expired, such acceptOn the tenant's part, they are usually to ance will constitute a tenancy: but prepay the rent and taxes; to keep the pre-vious to accepting rent, the landlord inises in suitable repair; and to deliver may bring his ejectment without notice; up possession when the term has expired. for, the lease having expired, the tenant 1393. RENT AND TAXES. The is a trespasser. A lease covenanted to lessee covenants to pay the rent and all be void if the rent be not paid upon taxes, except the land and property the day appointed, is good, unless the taxes, which may be deducted from the landlord make an entry. rent. 1394. ASSIGNMENTS. Unless there be a covenant against assignment, a lease may be assigned, that is, the whole interest of the losseo may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot. 1805. REPAIRA A tenant who covenants to keep a house in repair is not answer. ta natural decay, but and water tight, 1399. MARRIED WOMEN.-Married women (unless the power is expressly reserved them by marriage settlement) cannot grant leases; but husbands, seised in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in the ordinary ease of husband and wife. Married women cannot (except by special custom) take leases; if husband and wife accept a lease, she may, after his death, accept or reject it, in the same manner as an infant may, and is not bound by the covenants, though she continues a tenant. 1400. COPYHOLDERS.-Copyholders |