service while he is actually in service, without leave of master, or after giving one month's notice, under penalty of committal for not exceeding ten days; s. 3. Master refusing discharge and certificate of behaviour to servant, if no sufficient cause shown, one J. P. may give certificate accordingly; s. 4. On discharge or leaving service, master shall give a certificate in writing under his hand, that such person therein was his servant and that he is discharged from his service, and shall in such discharge certify, if desired, or such master thinks fit, the behaviour of such servant; s. 5. No master to hire servant without a discharge under the hand of the last master, and in case master refuse to give his servant a discharge and certificate of behaviour, such servant may apply to some J. P. who shall write to such master and require the reason of refusal, and if no answer in five days, or if J. P. find by answer the cause is not sufficient, the J. P. shall give such certificate without fee, and such certificate shall be as good as if given by master; if servant counterfeits certificates, on conviction such servant shall be committed for three months to hard labour; s. 5. No servant to recover wages by virtue of this act without producing certificate, or discharge, or proving one had been given; and person taking servant into service without such certificate or discharge, on conviction thereof at quarter sessions shall forfeit £5; s. 6. No woman shall hire herself to be a nurse or continue to nurse knowing herself to be with child, or having a foul or infectious disease which may be communicated to the child; and on complaint, J. P. is to appoint two surgeons or midwives, as the case may require, to report thereon; and if on their oaths they prove the case, such nurse shall forfeit all wages then due, and all such profits and sums as she shall have received, and shall suffer the same punishment as is awarded for counterfeiting discharges; (r) s. 7.

Complaint of misbehaviour.] By 25 Geo. II. c. 8, s. 2, “It shall and may be lawful to and for such justices, upon application or complaint made upon oath by any master, mistress, or employer against any such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, touching or concerning any disdemeanor, miscarriage, or ill-behaviour, in such his or her service or employment, to hear, examine, and determine the same, and to punish the offender by commitment to the house of correction, there to remain and be corrected, and held to hard labour for a reasonable time, not exceeding one calendar month, or otherwise by abating some part of his or her wages, or by discharging such servant, artificer, handi

(r) The period of limitation under this act for the recovery of wages is

three months, see s. 10.

craftsman, miner, &c. or other labourer, from his, her, or their service or employment; and in like manner also it shall be lawful to and for such J. P., upon any complaint or application upon oath by any such servant, &c., or other labourer, against such master, mistress, or employer, touching or concerning any misusage, refusal of necessary provision, cruelty, or ill-treatment of, to, or toward such servant, artificer, handicraftsman, &c. or other labourer, to summon such master, mistress, or employer to appear before such J. P. at a reasonable time, to be specified in such summons; and such J. P. shall and may examine into the matter of such complaint, whether such master, mistress, or employer shall appear or not, proof being made upon oath of his or her being duly summoned; and upon proof thereof made upon oath to their satisfaction, to discharge such servant, artificer, &c. or other labourer, of and from his said service and employment; which discharge shall be given under the hands and seal of such J. P.s gratis."

Workmen neglecting work.] By 43 Geo. III. c. 86, s. 6, workmen neglecting their work, or hindering others from working, or refusing to work, or returning it unfinished, may be punished on conviction before two J. P.s. "If any master-workman, or any person whatsoever for him, by his direction, or with his privity, shall knowingly receive, employ, or entertain any artificer, journeyman, manufacturer, workman, or labourer, already employed or retained by another, during the time such artificer, &c. shall be so employed or retained, without leave of the person or persons by whom such artificer, &c. shall be so employed or retained, every such offender being thereof lawfully convicted before any two J. P.s for the county, city, town, or place where such offence shall be committed, shall for every such offence forfeit and pay any sum not less than £5, nor more than £20; s. 7. All undertakers or contractors for work shall be considered as masters in respect to all matters and things in this act, so far as relates to the journeymen, artificers, workmen, and labourers employed by them; s. 9. No master in the particular trade concerning which any offence is charged to have been committed shall act as J. P. hereunder; s. 12.

It appears doubtful if J. P. have power to convict a servant a second time for absenting himself from his master's employment after the period of imprisonment has expired, and when he has not returned to his master's employment, and whether the first conviction puts an end to the contract (s). A conviction against a servant for absenting himself from his master's service should aver that it was without the consent of the master (t).

(8) In re Baker, 7 El. & Bl. 697; id. 2 Hul. & N. 219.

(t) See re Turner, Bittleston v. Symons, 574.

It will be seen by the foregoing statutes, and by reference to the Summary Jurisdiction Act, 1851, that magistrates have the power, and are frequently called upon to decide matters in dispute between master and servant, both as regards wages and otherwise. A few remarks, therefore, upon the nature of the contract between them, and their mutual liability in respect to the payment or forfeiture of wages, may not be out of place.

It appears to be now settled, that in the case of a domestic or menial servant, a general hiring, that is a hiring without any engagement as to the duration of the service, will be construed to be a hiring for a year; the service to be determined by a month's warning, or by payment of a month's wages. And the rule is the same, although the servant be hired under a written contract, provided it contain no evidence of an intention by the parties to exclude such rule. Accordingly it has been held that if a master turn away his domestic servant without such previous notice, there having been no fault or misconduct on the part of the servant, he is entitled to a month's wages, although there was no express contract to that effect (u). The servant is entitled to the accruing wages up to the time when he is discharged, as also to the calendar month's wages in addition; but he is not entitled to board wages (v). The master is bound to return all former characters in his hands which the servant has given to his master; id. Where a person was hired for 12 months certain, the same to continue until 3 months' notice be given by either party to determine the service, it was held that the person could be discharged by a three months' notice, expiring at the end of the year (w). With regard to the cases other than those of domestic servants, there is no inflexible rule of law that a general or indefinite hiring is a hiring for a year; and the question must therefore be considered in connection with the circumstances of each particular case (x), and the custom of the country.

A contract to serve is not void because the master does not in terms agree to give any specific amount of wages; where therefore A agreed to serve B as a collier, and neither party was to put an end to the service before the expiration of 28 days' notice; but B did not bind himself to the payment of any specific wages, but agreed to pay wages fortnightly according to piece-work, and A left his service before giving the 28 days' notice, and was convicted; held a good conviction (y). If the hiring of the

(u) See case in Chitty on Contracts, 502, et. seq.

(v) Gordon v. Potter, 1 F. & F. 644.

(w) Brown v. Symons, 8 Weekly

R. 460.

(x) Baxter v. Nurse, 6 M. & G. 935.

(y) Whittle v. Frankland, 5 L. T. N.S., 639, Q.B.

person be for more than one year, the agreement must be in writing, under the Statute of Frauds, or else it will be void.

When he may be dismissed without notice.] If a servant wilfully disobey any lawful order of his master, or unlawfully absent himself from his work, or if he be guilty of moral misconduct, whether pecuniary or otherwise, as stealing his master's property, or habitual neglect, or conduct calculated seriously to injure his inaster's business, he may be discharged without warning before the expiration of the period for which he was hired; and he is not entitled to any wages from the day he is so discharged, if they had not then accrued due (z).

MASTERS OF VESSELS. For their duties in relation to the customs, see 16 & 17 Vic. c. 107, under which penalties for the following offences may be recovered before J. P. Master of vessel, coming inwards, not coming quickly up to her moorings, or not providing accommodation to officer of customs; s. 47: liable for custom house seals or goods being broken; s. 48: failing to make report; s. 51: failing to deliver accounts in writing; s. 52: failing to answer questions, or producing false bills of lading, &c., or breaking bulk, and altering stowage, &c.; s. 53: not leaving list with collector; s. 60: not taking goods on board before ship entered outwards; s. 118: failing to prepare list, &c. of goods, and deliver same to collector of customs; s. 125 unshipping goods, &c. shipped for exportation; s. 133: taking on board goods not enumerated in the contents of the ship; s. 143: not clearing ship, whether laden or in ballast; s. 145 not clearing ship having cargo on board; 18 & 19 Vic. c. 96, s. 11: not having on board goods named in certificate; 16 & 17 Vic. c. 107, s. 146: not bringing ship to, at station; s. 158 going coast-wise and taking in goods, deviating from voyage; s. 153: shipping or unshipping goods on Sundays or holidays; s. 154: not correctly keeping cargo book; s. 155: delivering false accounts; s. 156: unlading ship contrary to provisions; s. 157: not producing documents, &c. to customhouse officer; s. 158: see also SMUGGLING, MERCHANT SHIPPING, &c.

(z) An apprentice bound to serve his master and his executors after him, served his master till his death, his executrix for ten months afterwards, he, then, being still an infant, absented himself; held that he was accountable, the contract being binding upon him, although he was advised to the contrary by his attorney. Cooper, app., Simmons, resp., 8 Eng. J. N. S., 81 Ex. "It is said in Co. Litt. s. 259, p. 172a, that an in

fant may bind himself for good teaching and instruction whereby he may profit himself afterwards. There is no single and peculiar form of bond by which alone an infant is able to bind himself so as to secure a beneficial result. Eyre, J. has said that the courts only pronounce the contracts of an infant to be void, when they think them to his prejudice." Id., per Martin, B.

MEDICAL PRACTITIONERS. 21 & 22 Vic. c. 90, regulates the qualifications of practitioners in medicine and surgery. Any person falsely pretending to be a registered person, as surgeon, apothecary, &c. liable on summary conviction to a sum not exceeding £20; s. 40. Penalties to be recovered as under the Petty Sessions Act; s. 41: but the penalties are to be paid to the treasurer of the general council; s. 42. Where P had a plate on the door of his house, with "P, Surgeon," thereon, but was not registered under the act as a surgeon, the Court of Q. B. held on a case stated for their opinion that those facts were not sufficient to support a conviction under the 40th section for wilfully and falsely pretending to be a surgeon (a). On an information under the 40th section of this statute, it is a question of fact whether the act was done "wilfully and falsely" (b). If any person were wilfully and falsely to call himself a doctor of medicine, he would be liable to a penalty under the above section, although he were in reality a member of the College of Surgeons or of the Apothecaries' Company (c).

MENACES. With menaces or by force demanding any property with intent to steal the same, felony; 24 & 25 Vic. c. 96, s. 45. Sending letter, demanding property with, like offence; id. s. 44.

MERCHANT embezzling money, or goods, or security entrusted to him with written direction, a misdemeanor; 24 & 25 Vic. c. 96, s. 75. Fraudulently selling goods entrusted to him, a misdemeanor; id, s. 76.

MERCHANT SHIPPING. 17 & 18 Vic. c. 104, amends and consolidates the acts relating to the merchant shipping. As to the jurisdiction of magistrates under the 17 & 18 Vic. c. 104, it should be mentioned that it is provided by s. 519 that any stipendiary magistrate shall have full power to do alone whatever two J. P.s are by the act authorized to do. Every offence shall be deemed to have been committed, and any cause of complaint to have arisen, where it was committed, or in the place where the persons complained against are found; and where the J. P.s have jurisdiction on the coast, or abutting on any bay or other navigable water, every J. P. shall have jurisdiction over any ship or boat passing off such coast or bay, s. 121; see also 18 & 19 Vic. c. 91, s. 21. It is also to be remarked that every offence declared by this act to be a misdemeanor may be also prosecuted in a summary manner before any two J. P.s, as cases are directed to be proceeded with under 14 & 15 Vic. c. 93; see s. 518, cl. 2