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Such conduct is also punishable under the "Masters and Servants Act," if it consists in seducing or enticing away the servant.

A master may also bring an action against any man who seduces his female servant, in view of the loss of service consequential thereon.

LIABILITY OF MASTER FOR NEGLIGENCE, ETC., OF SERVANT.

The master will be liable for the wrongful act or negli gence of his servant if such act is done, or such negligence accompanies an act done, with the master's authority, express or implied, and if the act is within the scope of the servant's employment; and this holds good even though the servant should, under the mistaken impression that he has the right to do the act in question, does an act in itself wrongful-in furtherance of the master's orders. For instance, if a man sends his horse to a blacksmith to shoe, and the smith's workman lames him, an action lies against his master. But a master is not liable for the result of his servant's independent act or negligence; e.g., a man sends his servant to shoot some birds which are destroying his fruit, and, while returning, a cat crosses the latter's path, and he shoots at it and damages a large plate of glass in the window of an adjacent house. Here the master is not liable, but it would have been otherwise if such damage had occurred in the execution of the master's express order.

SERVANT NOT BOUND TO OBEY UNLAWFUL

COMMANDS.

A servant is not bound to obey an unlawful command of the master; if he does so, knowing it to be unlawful, he must take the consequences. But where the servant suffers damage through obedience to the master's lawful order, or unlawful order, where the servant was unaware of its illegality, the master is bound to indemnify him, and is liable to an action at his suit for any injury he may have sustained.

CHARACTER OF SERVANT.

A master (or mistress) is under no legal obligation to give a servant a character on dismissal or otherwise, but must not give a false character imputing a fault which does not exist, or the servant may bring an action of deceit and recover any damages caused thereby. And if the master, knowing a servant to be of bad character, give a good reference to a person about to employ him afresh, and he afterwards injures such person,

as by theft, etc., the master will be liable to the aforesaid action at suit of such third party, and he may further bring himself within the scope of the criminal law.

Masters and Servants Act.

The "Masters and Servants Act" (20 Vic. No. 8) provides a means of settling disputes between master and servant in a summary way. As a general rule, the matter must be determined by two or more justices, but in some cases one justice has jurisdiction. The term "master" includes all employers of servants, agents, overseers, and the like; the term "servant" includes almost every class of servant (e.g., shearers, labourers, gardeners, domestics, etc.) engaged in the State by written or verbal agreement: and all persons engaged in or out of the State, or in British or foreign territory, by written agreement, as shepherds, labourers, or otherwise.

REMEDIES OF MASTER AGAINST SERVANT.

(a) FOR BREACH OF AGREEMENT.

A servant having contracted to serve for any time, or in any manner, or to perform work at a certain price, and who neglects to duly enter into service; or, when the contract is in writing, and signed, does not commence work in the terms of such contract; or who, having begun work, absents himself without reasonable cause, whether the agreement is written or not; or neglects to fulfil his contract; or is guilty of misconduct in executing the same, is liable, on proof of the facts, to

(1.) A fine not exceeding £10, in default imprisonment proportionate to the fine adjudged; or,

(2.) At the discretion of the justices, to forfeiture of all or part of his wages.

(b) BREACH OF AGREEMENT WHERE AN ADVANCE OF WAGES HAS

BEEN MADE.

A servant having agreed to serve for any time, or in any manner, and who has received an advance of money or goods on account of wages, neglecting or refusing (whether the agreement is written or verbal) to go to the place of service, or ta perform work to the extent of the advance, in either case without reasonable cause, is liable to imprisonment not exceeding three months.

(c) DESTRUCTION, ETC., OF MASTER'S PROPERTY.

A servant who negligently or wilfully injures or loses. goods, material, or cattle in his charge is liable, in the case of negligent injury, etc., to pay reasonable compensation, or may

be relegated in default to a term of imprisonment proportionate to the sum adjudged; or, in case of wilful injury, etc., to make such compensation, or in default to imprisonment as before.

REMEDIES OF SERVANT AGAINST MASTER.

(a) RECOVERY OF WAGES.

The jurisdiction of justices extends to sums not exceeding £50. The servant should lodge his complaint with a justice, who may summon the parties to the nearest Court of Petty Sessions, and

(1.) Two justices may make an order for payment of wages, with costs and damages, for non-payment; if not duly paid, imprisonment proportionate to the sum adjudged; but such committal will cease on payment of the sum ordered or on the bankruptcy of the offender.

(2.) A servant employed by an agent, manager, etc. (of the master) may obtain a similar order for wages against the agent himself; and, if the agent make default in payment direct, or refuses to give an order on the master for the amount, the servant. is entitled to, a warrant to levy the sum due on the goods of the master.

(a) As the recovery of a sum of money payable under the order of a Justice is no longer to be effected by levy on goods, it would seem the above mode of recovering wages is not now available.

(3.) Where any cheque, order, or note in writing given the servant is dishonoured, he is entitled to damages, and may recover such damages in the same manner as wages.

(6) RECOVERY OF PROPERTY.

Any justice may inquire into the matter of the detention. of a servant's clothes, tools, or goods by the master, and order the delivery of such clothes, etc., and such order may be enforced by a fine not exceeding £5, and a warrant to seize the effects and deliver them over to the servant.

SETTLEMENT OF DISPUTES.

Two or more justices may inquire into any dispute between master and servant, and may make such orders and award such sums as they may think just.

Such orders may be enforced by cancelling the agreement, fine not exceeding £10, or, in default, imprisonment proportionate to the fine adjudged.

EMPLOYING, ETC., SERVANTS WHO HAVE
DESERTED.

Any person who knowingly employs, conceals, or retains a servant who has deserted the service of his master, or absented himself from duty, or who causes or persuades a servant to violate his agreement, whether written or verbal, is liable to a fine not exceeding £10, in default imprisonment as before. Such imprisonment will cease on payment of the fine and costs.

GENERAL MATTERS.

Female servants cannot be imprisoned under this Act. A warrant may issue in the first instance on oath being made that the defendant has absconded, or is about to abscond, in order to defeat the complaint. A Clerk of Petty Sessions may issue a summons. The mode of appeal is by statutory prohibition or to Quarter Sessions.

Medical Practitioners.

PHYSICIANS COULD NOT FORMERLY SUE FOR FEES.

The employment of a physician was formerly, like that of a barrister at present, held to be a matter of honour; he could not, therefore, in the absence of an express contract for remuneration, bring an action to recover his fees.

But a surgeon was always entitled to recover reasonable remuneration for his services, even in the absence of an express agreement.

It is, however, provided by the District Courts Act that any doctor of medicine or other legally qualified practitioner in medicine may sue for fees or other remuneration as such practitioner, in the same manner as a surgeon or other person may recover any debt or demand under the Act.

WHAT IS "LEGAL QUALIFICATION."

To constitute a legally qualified medical practitioner, and to entitle the party to a certificate from the New South Wales Medical Board, he must prove to the satisfaction of such board that

(a) He is a doctor or bachelor of medicine of some university, or a physician or surgeon licensed or admitted as such by some college of physicians or surgeons in Great Britain or Ireland; or,

(b) That he has passed through a regular course of medical study of not less than five years' duration in a school of medicine, and that he has received, after due examination, from the University of Sydney or from some university, college, or other body duly recognised for that purpose in the country to which such university, etc., belongs, a diploma, degree, or license entitling him to practise medicine in that country; or that,

(c) He is a member of the Company of Apothecaries of London, or a member or licentiate of the Apothecaries' Hall of Dublin.

The above is "legal qualification" for the purposes of the "Coroner's Act," but presumably it is legal qualification for all purposes also.

EXPRESS AGREEMENT FOR REMUNERATION, WHEN NECESSARY.

By an Imperial Statute it is provided that every physician may sue on the implied contract arising from the acceptance of services rendered by him on request-subject, however, to the right of any college of physicians to make by-laws forbidding the exercise of this privilege by their fellows.

But as it seems doubtful whether this statute applies to this State, it may be prudent for a physician to obtain an express agreement for remuneration-that is, if his fees are likely to exceed £200, the limit recoverable in the District Court under ordinary circumstances.

UNQUALIFIED PERSONS ASSUMING THE TITLE OF PHYSICIAN, ETC.

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Any person not legally qualified or entitled to be registered as above-mentioned, who takes or uses the title of a physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, or any name, title, etc., implying that he is legally qualified, is (under the "Medical Practitioners Amendment Act of 1900") liable to a penalty of £50; in case of a continuing offence he is liable to a further penalty of £5 per day from the time the offence was first committed, or (in either case) to imprisonment in default proportionate to the penalty imposed.

REMOVAL OF NAMES FROM THE REGISTER.

If it is shown to the satisfaction of the before-mentioned Board that any registered person has :

(a) Ceased to possess, or does not possess, due qualifica

tion; or,

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