discovered that the auctioneer had employed a person to bid. The plaintiff's answer to that objection was, that it was arranged with the auctioneer that there should be a reserved price of £3,600, and that, as the person employed to bid did not go beyond that amount, the defendant had made himself liable to purchase the property at £3,650. After hearing counsel on each side, his Honour gave judgment. He said it was totally impossible to reconcile the cases at law and the cases in equity on the subject. Any puffing at all vitiated a sale at law, but it was quite clear that that was not the case in equity. A man who took part at an auction was naturally stimulated by persons bidding against him: he did not like to be defeated, and in the fervour of the moment he bids more than he would upon calm reflection. Equity considered it unjust, and a species of fraud, to take advantage of that principle in human nature in order to enhance the value of the property put up for sale, and held that the sale was bad where the fraud was discovered. But equity considered that it was perfectly fair to fix a reserved price, and to have a person employed to bid up to the reserved price, beyond which he was not to bid. But even that was not allowable, if you stated in your particulars of sale that the property was to be sold unreservedly, because unreservedly meant that it would be sold without any distinction to the highest bona fide bidder. If that statement was not made it was to be implied that there was a reserved price, under which the property was not to be sold. In the present case, the person employed by the auctioneer to bid did not go a single step beyond the line marked out for him he bid up to the reserved price, and there stopped, but the defendant proceeded to bid £50 beyond it, without any one inducing him to do so. The court was of opinion that it was a valid sale. III. APPRAISERS. By 13 & 14 V. c. 97, every person, except a licensed auctioneer, who for hire exercises the occupation of an appraiser to value property, repairs, and labour, must take out an annual forty-shilling license. Acting without such license, penalty £50. Appraisers omitting to write and set down in figures every valuation made by them, with the full amount on paper duly stamped, and within fourteen days deliver the same to their employers, to forfeit £50. No person to receive or pay for an appraisement, unless the same is written on duly stamped paper, on pain of £20. Although the appraisement fill several sheets, a stamp is only requisite for that which contains the aggregate amount, According to an old law, appraisers valuing goods too high, are obliged to take them at their own valuation, 11 Edw. 1, st. Acton Burnel. 284 MASTER AND SERVANT. CHAPTER XXIII. Master and Servant. THERE are four sorts of servants recognized by the laws of England; first, operatives or skilled labourers, the special statutes relating to which have been mostly abolished; secondly, menials, or such as live within the household of the master; thirdly, labourers, chiefly those employed in agriculture, who are hired by the day, the week, the year, or other term; fourthly, apprentices, whose service is regulated by deed of indenture. If the hiring of a servant be general, without any particular time mentioned, the law construes the hiring to be for a year; and, in that case, a quarter's warning must be respectively given prior to the expiration of the term. husbandry, under 5 Eliz. cap. 5; for if no special contract be made, But this refers chiefly to servants in a domestic or menial servant is entitled only to a month's warning, or a month's wages in lieu of it, Robinson v. Hindman. If a female servant marry, she must nevertheless serve out her term, if insisted on, and her husband cannot take her out of her master's service. A servant may be discharged, without notice, for incontinence or moral turpitude. So also, if a servant be taken into custody for any offence, and legally detained from his master's service, the master is authorized in discharging him, on payment of such wages only as are actually due; but if the offence with which the servant is charged was committed before the time of hiring, an order from a justice is deemed necessary to warrant his discharge. Any gross misconduct or dereliction of duty, as sleeping from home all night without leave, or wilfully absenting himself when he knew he would be wanted, authorizes the dismissal of a servant without warning. If a servant, hired for a year, happen, within the time, to fall sick, or be hurt, or disabled, in the service of his master, the master cannot put him away, or abate any part of his wages for that time. Liveries, or other clothes supplied to the servant at the master's expense, continue the property of the master, and although worn by the servant, cannot be taken away, or otherwise disposed of, without the consent of the master. A master may support his servant in an action at law against a stranger, or may bring an action against another for beating or maiming him, assigning as a ground for the action a loss of service; or he may even justify an assault in his defence as may a rvant in defence of his master. So, also, a master may main tain an action against any person for seducing or enticing his servant away, as well as against the servant for unjustifiably quitting his service; and it is said, that when, without enticement, a servant quits his service without just cause, an action will lie against any person retaining him with a knowledge of the manner in which he left his master. II. REPRESENTATIONS OF CHARACTER. A master is not bound to give a servant a character, 3 Esp. 201; but if he do give a character, he must take care to give a true one; though, if the character be given without malice, and to the best of his knowledge, no action lies. If any person falsely personate any master or mistress in order to give a servant a character; or if any master or mistress knowingly give in writing a false character of a servant, or account of his former servant; or if any servant bring a false character, or alter a certificate of character, the offender forfeits, upon conviction, £20, with 108. costs, 32 G. 3, c. 56. By the 9 Geo. 4, c. 14, no one is liable for any representation of the character, conduct, credit, or ability of another, in order that the latter may obtain credit, money, or goods, unless such representation be made in writing, signed by the party to be charged therewith. III. LIABILITIES OF MASTERS AND SERVANTS. In general, masters are liable for the acts of their servants, done in course of business, by their command, expressed or implied. If a servant commit a trespass by the command of his master, the master is guilty of it, though the servant is not exonerated; for he is only to obey his master's lawful commands. If an innkeeper's servant rob his guests, the master is bound to make restitution. So, if I pay money to a banker's servant, the banker is answerable for it; but, if I pay money to a clergyman or physician's servant, whose usual business is not to receive money for his master, and he embezzle it, I must pay it over again. If a steward lease a farm, without the owner's knowledge, the owner must stand to the bargain; for this is the steward's usual business. A wife, a friend, or relation, that usually transacts business for a man, are, so far, his servants; and the principal must answer for their conduct. Again, if I deal, usually, with a tradesman, by myself, or constantly pay him ready money, I am not answerable for what my servant buys on trust; for here is no implied order to trust my servant; but if I usually send him upon trust, or sometimes upon trust and sometimes with ready money, I am answerable for all he takes up; for the tradesmen cannot possibly distinguish when he comes by my order, and when he comes upon his own authority. Lastly, a master is answerable for the negligence of his servant. If a smith's servant lame a horse while he is shoeing him, or if the waiter at a tavern sell a man had wine, whereby his health is injured, an action lies against the master, not against the servant. A master is chargeable if any of his family lay or cast anything into the street or highway, to the injury of an individual, or to the common nuisance of the public; for the master has the superintendence and charge of his household. But when the act of the servant is wilful, the master is not responsible, unless the act is done by his command or assent. So Servants are bound to discharge their duty with care, diligence, and fidelity, and are answerable for gross carelessness or wilful neglect; but they are not answerable for any loss or injury which may unavoidably happen in the course of their avocations. that the practice of some masters and mistresses, of deducting from servants' wages the value of articles accidentally lost, broken, or injured, is illegal, and cannot be defended, unless it was expressly stipulated at the hiring that the servant should be liable to make good such damages. If a servant, through negligence, set fire to a dwelling-house, he is subject, by the 14 G. 3, c. 78, to a fine of £100; or, in default of payment, may be committed to the house of correction, to hard labour, for eighteen months. CHAPTER XXIV. Industrial Classes. IN the last chapter was exhibited the general civil relations established by the laws between masters and servants; in this will be brought together the statutory provisions made for regulating mills and factories, and the employment of artificers, labourers, and apprentices; for the arbitration of disputes between masters and workmen; for fixing the coin or commodity in which wages shall be lawfully paid; for the establishment of free libraries, baths, and washhouses; the protection of apprentices, and the regulation of lodging-houses; and also the laws made for protecting and encouraging those Savings, Friendly, and Provident institutions, especially intended for the benefit of the working classes. These different subjects will be comprised under the following heads : 1. Friendly Societies. 2. Industrial and Provident Societies. 3. Free Libraries and Museums. 4. Savings Banks. 5. Purchase of Government Annuities. 6. General Post-Office Savings Banks. 7. Loan Societies. 8. Benefit Building Societies. 9. Combination Laws. 10. Seduction of Artificers and Exportation of Machinery. 11. Arbitration of Disputes. 12. Mills and Factories. 13. Mines and Collieries. 14. Bleaching and Dyeing Works. 15. Regulation of Bakehouses. 18. Servants and Apprentices. 19. Public Baths and Washhouses. 20. Labourers' Dwellings. 21. Lodging-houses for the Labouring Classes. 22. Common Lodging-houses. I. FRIENDLY SOCIETIES. These institutions have long existed in this country; but, in 1793, the salutary objects they sought to attain were so apparent, and the number of persons interested therein so great, that it was thought expedient to render them an object of legislative protection and regulation. During late sessions of parliament, the laws relative to societies of mutual assurance have undergone very elaborate inquiries, and such alterations were sought to be introduced as seemed likely to avert the failure that had befallen some institutions, owing to the mistaken principles on which they had been conducted. In 1855, all the acts relating to these societies, from the 33 G. 3, c. 54, to the 18 V. c. 101, were wholly repealed, so far as they relate to friendly societies, and their provisions consolidated and amended by the 18 & 19 V. c. 63. But by ss. 2-4, societies under former acts are to continue, their rules to remain in force, their enrolments to be sent to the registrar, and all their contracts, bonds, &c., to continue in force. Such subsisting societies as shall not hereafter effect insurances to any person of any sum exceeding £200, or any annuity exceeding £30 per annum, are to enjoy the privileges conferred by this act on societies established. under its provisions. Three registrars are appointed, one for England and one for Ireland, both to be barristers, and one advocate for Scotland, all to be of not less than seven years' standing; the salary for the present registrar for England not to be less than £1000, the other two not exceeding £800 per annum, besides the expenses of their office. Any number of persons are |