1439. Wood: Yellow
1440. Laws of Employers and Employed
1441. Hiring and Dismissal
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.
1442. Dismissal
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.
1443. Distinctions
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.
1444. Terms
The Terms on 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.
1445. Need for Stamping
Agreements with menial servants need not be stamped; but contracts of a higher and special character should be.
1446. Terms of Agreement
The Terms of an Agreement 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.
1447. Mutuality of Interest
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.
1448. Contract
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.
1449. Permanency
An Agreement to give 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.
1450. Stipulation
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.
1451. Prudent Stipulation
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.
1452. Livery Servants
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.
1453. Change of Trade
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.
1454. Act of God
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.
1455. Terms of Discharge
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.
1456. Forfeit
When the Hiring of a Superior Servant is for a year, if the servant, prior to the expiration of the 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.
1457. Claim
But a Menial Servant may claim up to the date of his dismissal, unless his discharge be for embezzlement or other felonious acts.
1458. Death
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.
1459. Bankrupt Master
When a Master becomes Bankrupt, the wages or salary of any clerk or servant in his employ, not exceeding four months' wages or salary, and not more than £50, is payable in full before the general creditors receive anything. So also the wages of any labourer or workman not exceeding two months' wages. For any further sums due to him, the clerk, servant, or workman must prove against the bankrupt's estate the same as other creditors.
1460. Receipts
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.
1461. Moneys paid to a Married Woman
The receipt of a married woman is a good discharge for any wages or earnings, acquired or gained by her in any employment or occupation in which she is engaged separately from her husband.
1462. Medical Attendance
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.
1463. End of Claim
When a Servant is Discharged for any just cause, he cannot claim wages beyond the last pay-day under the contract of hiring.
1464. General Hiring
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.
1465. Special Privileges
Where a Servant Reserves to Himself Special Privileges, such as particular portions of his time, the hiring becomes special, and cannot be governed by the terms of general engagements. So, also, where a servant stipulates to be exempted from particular duties that usually belong to his situation.
1466. Refusal of Duty
Should a Servant 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.
1467. Seduction from Employment
A Servant being Seduced from the Employment of a master, the latter has a right of action against the seducer for losses sustained.
1468. Masters Responsible
It is an 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.
1469. Purchase of Goods by Servants for Employer
A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.
1470. Privileged Communications
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 malicious.
1471. Laws of Landlord and Tenant
1472. Leases
A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, &c. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled.
Saving Affords the Means of Giving.
1473. 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.
1474. Covenants
The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.
1475. Rent and Taxes
The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent.
1476. 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.
1477. 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 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, unless a stipulation to the contrary be inserted in the lease.
1478. 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.
1479. 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.
1480. Termination of Leases
A tenant must deliver up possession at the expiration of the term (the lease being sufficient notice), or he will continue liable to the rent as tenant by sufferance without any new contract; but if the landlord recognises such tenancy by accepting a payment of rent after the lease has expired, such acceptance will constitute a tenancy; but previous to accepting rent, the landlord may bring his ejectment without notice; for, the lease having expired, the tenant is a trespasser. A lease covenanted to be void if the rent be not paid upon the day appointed, is good, unless the landlord make an entry.
1481. Rights of Married Women
Married Women, with the concurrence of their husbands, may grant leases by deed for any term. 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. A married woman living separate from her husband may by taking a lease bind her separate estate for payment of the rent and performance of the covenants.
1482. Copyholders
Copyholders 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.
1483. 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.
1484. 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.
1485. Agreement for taking a House on an Annual Tenancy
Memorandum of Agreement, entered into this —— day of ——-18——, between R.A., of ——, and L.O., of of ——, as follows: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 sewer-rate, 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 rates and taxes, except as aforesaid. The said R.A. to be at liberty to re-enter if any rent shall be in arrear for 21 days, whether such rent has been demanded or not.Witness our hands, the day and year aforesaid.Witness, G.C.R.A.L.O.
1486. Payment of Taxes by Landlord
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, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein.
1487. 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:
1488. 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 —— 18——R.A., Landlord of the above premises.Witness, G.C.
1489. Agreement for taking a House for Three Years
Memorandum of an agreement made the —— day of ——, 18 , between R.A., of ——, and L.O. of ——, as follows:
The said R.A. doth let unto the said L.O. a house (and garden, if any) with appurtenances, situate 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 [reasonable wear and tear excepted]. The said R.A. to be at liberty to re-enter, if any rent shall be in arrear for 21 days, whether such rent has been demanded or not. Witness our hands.R.A.L.O.Witness, G.C.
1490. Payment of Rent
Rent is usually payable at the regular quarter-days, namely, Lady-day, or March 25th; Midsummer-day, or June 24th; Michaelmas-day, September 29th; and Christmas-day, December 25th. It is due at mid-day; but no proceedings for non-payment, where the tenant remains upon the premises, can be taken till the next day.
1491. Payment of Rent Imperative
No consideration will waive the payment of the rent, should the landlord insist on demanding it. Even should the house be burnt, blown, or fall down, the tenant is still liable for rent; and the tenancy can only be voidable by the proper notice to quit, the same as if the house remained in the most perfect condition.
1492. Demanding Rent
The landlord himself is the person most proper to demand rent; he may employ another person, but if he does, he must authorize him by letter, or by power of attorney; or the demand may be objected to.
1493. Receipt for Rent
When an agent has been duly authorized, a receipt from him for any subsequent rent is a legal acquittance to the tenant, notwithstanding the landlord may have revoked the authority under which the agent acted, unless the landlord should have given the tenant due and proper notice thereof.
1494. Legal Tender
A tender of rent should be in the current coin of the kingdom. But a tender of Bank of England notes is good, even in cases of distress.
1495. Form of a Receipt for Rent
Received of Mr. L.O. the sum of ten pounds ten shillings, for a quarter's rent due at Lady-day last, for the house, No. ,— — street.£10 10s. [Stamp] R. A. ———
1496. Receipt Given by an Agent
If the receipt be given by an agent, it should be signed:
G. C.,Agent for R.A., landlord of the above premises.
1497. Care of Receipts for Rent
Be careful of your last quarter's receipt for rent, for the production of that document bars all prior claim. Even when arrears have been due on former quarters, the receipt, if given for the last quarter, precludes the landlord from recovery thereof.
1498. Notice to Quit
When either the landlord or tenant intends to terminate a tenancy, the way to proceed is by a notice to quit, which is drawn up in the two following ways:
1499. Form of a Notice to Quit from a Tenant to his Landlord
Sir,—I hereby give you notice, that on or before the ——day of ——next, I shall quit and deliver up possession of the house and premises I now hold of you, situate at ——, in the parish of ——, in the county of ——.Dated the ——day of ——, 18Witness, G.C.L.O.To Mr. R. A.
1500. Notice from Landlord to his Tenant
—Sir,—I hereby give you notice to quit and deliver up possession to me of the house and appurtenances, situate No ——, which you now hold of me, on or before ——next.Dated ——, 18 .(Signed) R.A. (landlord).To Mr. L. O.
1501. Notice to Quit