recover damages, unless the right to do so is expressly reserved in the lease. 1665. When property sold subject to the right of redemption is taken back by the seller, in the exercise of such right, the lease made by the buyer is thereby terminated and the lessee has his recourse for damages upon the buyer only. CHAPTER THIRD. OF THE LEASE AND HIRE OF WORK. SECTION I. General Provisions. 1666. The principal kinds of work which may be leased or hired are: 1. The personal services of workmen, servants and others; 2, The work of carriers, by land and by water, who undertake the conveyance of persons or things; 3. That of builders and others who undertake works by estimate or contract.1-C. N. 1779. SECTION II. Of the Lease and Hire of the personal service of workmen, servants and others. 1667. The contract of lease or hire of personal service can only be for a limited term, or for a determinate undertaking. It may be prolonged by tacit renewal.-C. N. 1780. 1668. It is terminated by the death of the party hired or his becoming, without fault, unable to perform the services agreed upon. It is also terminated by the death of the party hiring, in some cases, according to circumstances.-C. N. 1795. 1669. In any action for wages by domestics or farm servants, the master may, in the absence of written proof, offer his oath as to the conditions of the engagement and as to the fact of the payment accompanied by a detailed statement; but such oath may be refuted in the same manner as any other testimony.-R.S.Q. 5815.-C. N. 1781. 1670. The rights and obligations arising from the lease or hire of personal service are subject to the rules common to contracts. They are also regulated in certain respects in the country parts by a special law, and in the towns and villages by by-laws of the respective municipal councils.-C. Č. 1994, s. 9, 2006, 2009, s. 9, 2260. s. 6, 2261, s. 3, 2262, s. 3; M. C. 624. 1671. The hiring of seamen is subject to certain special rules provided in the Imperial laws respecting Merchant Shipping and the Federal acts respecting the hiring of seamen ; and the hiring of boatmen, commonly called voyageurs, by the provincial act respecting voyageurs.-R. S. Q., 6238, R. S. C., c. 74 and 75. SECTION III. Of Carriers. 1672. Carriers by land and by water are subject, with respect to the safe-keeping of things entrusted to them, to the same obligations and duties 1 R. S. Q. 5614 et s. contain special provisions as to masters and servants, voyageurs and fishermen. see 12 Rev. Leg (N.S) p411mteresting J'in France Article 5172 of the 1682 a Parapaples 4, 5 and 6 "1682b. The effects contained in packages, boxes or closed trunks shall be exhibited to the bidders before being adjudged." "1682c. The following shall be printed in French and in F English passenger tickets, baggage-checks, way-bills, bills of t lading, printed telegraph forms, and contract forms, made, furnished or delivered by a railway, navigation, telegraph, a telephone transportation, express or electric power company, as well as all notices or regulations posted up in its stations, carriages, boats, offices, factories or workshops. "1682d. Every contravention, by a railway, navigation, ] telegraph, telephone, transportation, express or electric power company, doing business in this Province, of any of the provisions of the foregoing article shall be punished by a fine not exceeding twenty dollars, without prejudice to recourse for damages.' 2. This act shall come into force on the first day of January, 1911. ås innkeepers, declared under the title of Deposit.-C. N. 1782; C. C. 1813 et s. 1673. They are obliged to receive and convey, at the times fixed by public notice, all persons applying for passage, if the conveyance of passengers be a part of their accustomed business, and all goods offered for transportation; unless, in either case, there is a reasonable and sufficient cause of refusal. 1674. They are liable, not only for what has been received in the carriage or vessel, but also for what has been delivered to them at the port or place of deposit, to be put in their carriage or vessel.-C. N. 1783. 1675. They are liable for the loss or damage of things entrusted to them, unless they can prove that such loss or damage was caused by a fortuitous event or irresistible force, or has arisen from a defect in the thing itself.-C.N. 1784. 1676. Notice by carriers, of special conditions limiting their liability, is binding only upon persons to whom it is made known; and notwithstanding such notice and the knowledge thereof, carriers are liable whenever it is proved that the damage is caused by their fault or the fault of those for whom they are responsible. 1677. They are not liable for large sums of money or of bills or other securities, or for gold, or silver, or precious stones, or other articles of an extraordinary value, contained in any package received for transportation, unless it is declared that the package contains such money or other articles. The foregoing rule, nevertheless, does not apply to the personal baggage of travellers when the money or the value of the articles lost is only of a moderate amount and suitable to the circumstances of the traveller, and the traveller is entitled to be examined upon oath in proof of the value of the things composing such baggage.-C. C. 1816; C. C. P. 372. 1678. If by reason of a fortuitous event, or irresistible force, the transportation and delivery of the thing be not made within the stipulated term, the carrier is not liable in damages for the delay. 1679. The carrier has a right to retain the thing transported until he is paid for the carriage or freight of it.-C. N. 2102; C. C. 2001, s. 1. 1680. The reception of the thing transported and payment of the carriage or freight, without protest, extinguish all right of action against the carrier; unless the loss or damage is such that it could not then be known, in which case the claim must be made without delay after the loss or damage become known to the claimant. 1681. The conveyance of persons and things by railway is subject to certain special rules, provided in the Federal and Provincial acts respecting railways.-R. S. Q., 6238; R. S. C., c. 109; C. N. 1786. 1682. Special rules relating to the contract of affreightment and the conveyance of passengers in merchant vessels are contained in the fourth book.C. N. 1786; C. C. 2413, 2461. building or other work by estimate and contract, it may be agreed, either that he shall furnish labor and skill only, or that he shall also furnish materials.-C. N. 1787. 1684. If the workman furnish the materials, and the work is to be perfected and delivered as a whole, at a fixed price, the loss of the thing, in any manner whatsoever, before delivery, falls upon himself, unless the loss is caused by the fault of the owner or he is in default of receiving the thing.-C. N. 1788. 1685. If the workman furnish only labor and skill, the loss of the thing before delivery does not fall upon him, unless it is caused by his fault.-C. N. 1789. 1686. In the case of the last preceding article, if the work is to be perfected and delivered as a whole, and the thing perish before the work has been received, and without the owner being in default of receiving it, the workman cannot claim his wages, although he be without fault; unless the thing has perished by reason of defect in the materials, or by the fault of the owner.-C. N. 1790. 1687. If the work be composed of several parts, or done at a certain rate by measurement, it may be received in parts. It is presumed to have been so received, for all the parts paid for, if the owner pays the workman in proportion to the work done.C. N. 1791. 1688. If a building perish in whole or in part within ten years, from a defect in construction, or even from the unfavorable nature of the ground, the architect superintending | the work, and the builder are jointly and severally liable for the loss.--C. N. 1792, 2270 ; C. C. 2259. 1689. If, in the case stated in the last preceding article, the architect do not superintend the work, he is liable for the loss only which is OCcasioned by defect or error in the plan furnished by him. con 1890. When an architect or builder undertakes the struction of a building or other works by contract, upon a plan and specifications, at a fixed price, he cannot claim an additional sum upon the ground of a change from the plan and specifications, or of an increase in the labor and materials, unless such change or increase is authorized in writing, and the price thereof agreed upon with the proprietor, or unless the agreement upon these two points is established by the decisory oath of the proprietor.R. S. Q. 5816, 51-52 V. c. 22; C. N. 1793; C. C. 1233, s. 9. 1691. The owner may cancel the contract for the construction of a building or other works at a fixed price, although the work have been begun, or indemnifying the workman for all his actual expenses and labor, and paying damages according to the circumstances of the case.-C. N. 1794. 1692. The contract of lease or hire of work by estimate and contract is not terminated by the death of the workman; his legal representatives are bound to perform it. But in cases wherein the skill and ability of the workman were an inducement for making the contract, it may be cancelled at his death by the party hiring him.-C. N. 1795. |