Termina tion at will. Termina tion by employer for fault. Termina tion by employee for Lault. S 1029. An employment having no specified term may be terminated at the will of either party, on notice to the other, except where otherwise provided by this Title. Story Ag., §§ 462, 476, 477; Hathaway v. Bennett, 10 S 1030. An employment, even for a specified term, may be terminated at any time by the employer, in case of any willful breach of duty by the employee, in the course of his employment,' or in case of his habitual neglect of his duty,2 or continued incapacity to perform it.3 'Mc Donald v. Lord, 26 How. Pr., 404; Lilly v. Elwin, 11 Q. B., 742; Ridgway v. Hungerford Market Co., 3 Ad. & El., 171; Turner v. Mason, 14 M. & W., 112. See Fillieul v. Armstrong, 7 Ad. & El., 557; Callo v. Brouncker, 4 Carr. & P., 518. A dismissal may be justified on these grounds, whether the employer knew of their existence or not (Spotswood v. Barrow, 5 Exch., 110). Harmer v. Cornelius, 5 C. B. (N. S.), 236; see Cuckson v. Stones, 1 El. & El., 248. S 1031. An employment, even for a specified term, may be terminated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an employee, or of the death or incapacity of his employer; subject to the provisions of section 1028. A female servant was held justified in quitting service, on account of indecent assaults by her master's father, although her master had no part in them; his failure to protect her being held sufficient cause for leaving (Patterson v. Gage, 23 Verm., 558) A servant who, not being in fault, was required to promise "to do better," as à condition of his remaining, was held to have rightly refused to stay upon those terms (Pritchard v. Martin, 27 Miss., 305). A seaman is justified in quitting the ship if it is unsea worthy (Savary v. Clements, 8 Gray, 155; Bucker v. Klerkgeter, 1 Abbott Adm., 402; Bray v. The Atlanta, Bee Adm., 48), or if no provisions are furnished him (The Castalia, 1 Hagg. Adm., 59; Dixon v. The Cyrus, 2 Pet. Adm., 407), or if he is cruelly treated (Ward v. Ames, 9 Johns., 138; Relf v. The Maria, 1 Pet. Adm. 193; The Minerva, Hagg. Adm., 368; Steele v. The principle upon which these decisions are founded is tion of em S1032. An employee, dismissed by his employer Compensafor good cause, is not entitled to any compensation for services rendered since the last day upon which a payment became due to him under the contract. ployee discause, missed for tion of em S 1033. An employee, who quits the service of his Compensaemployer for good cause, is entitled to such propor- ployee tion of the compensation which would become due cause." in case of full performance, as the services which he has already rendered bear to the services which he was to render as full performance. Patterson v. Gage, 23 Verm., 558; Pritchard v. Martin, CHAPTER II. PARTICULAR EMPLOYMENTS. ARTICLE I. Master and servant. II. Agents. III. Factors. IV. Shipmasters. V. Mates and seamen. VI. Ships' managers. ARTICLE I. MASTER AND SERVANT. SECTION 1034. Servant, what. 1035, 1036. Term of hiring. SECTION 1038. Time of service. 1039 Servant to pay over without demand. 1040. When servant may be discharged. S1034. A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master. S 1035. A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piece work, for no specified term. See Davis v. Marshall, 4 Law Times [N. S.], 216; 6 H. & 1036. In the absence of any agreement as to wages, a domestic servant is presumed to be hired by the month; a clerk, or other servant not merely mechanical, or agricultural, by the year; and other servants for no specified term. See Fawcett v. Cash, 5 B. & Ad., 904. S1037. Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service. Deckert v. Camden & Amboy R. R., Gen. Term, Supreme S1038. The entire time of a domestic servant belongs to the master; and the time of other servants to such extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day. S1039. A servant must deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from his master, to send anything to him through another person. S1040. A master may discharge any servant, other than an apprentice,' whether engaged for a fixed term or not: 2 1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or, 2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him. 'See Winstone v. Linn, 1 B. & C., 460. Turner v. Mason, 14 M. & W., 112; Singer v. McCor- When serdischarged. vant may be ARTICLE II. AGENTS. SECTION 1041. Agent to conform to his authority. 1042. Must keep his principal informed. 1043. Collecting agent. 1044. Responsibility of sub-agent. S1041. An agent must not exceed the limits of his actual authority, as defined by the Title on AGENCY. S1042. An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency. Story on Agency. § 207. He is not bound to inform the Collecting agent. Responsibility of sub-agent. S1043. An agent, employed to collect a negotiable instrument, must collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor,' and, if it is a bill of exchange must present it for acceptance with reasonable diligence.2 1 Walker v. Bank of State of N. Y., 9 N. Y., 582; Montgomery Co. Bank v. Albany City Bank, 7 id., 459. Allen v. Suydam, 20 Wend., 321. S1044. A mere agent of an agent is not respon sible as such to the principal of the latter. Thus, if A. employs B. to do some act, which B. employs ARTICLE III. Factor, what. Obedience required SECTION 1045. Factor, what. FACTORS. 1046. Obedience required from factor. 1047. Sales on credit. 1048. Liability of factor under guaranty commission. S1045. A factor is an agent who is employed by another to buy or sell property for him, and is vested by the latter with the possession of the property. S 1046. A factor must obey the instructions of his from factor. principal, to the same extent as any other employee,' notwithstanding any advances he may have made to his principal upon the property consigned to him," except that if the principal forbids him to sell' at the market price, he may nevertheless sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time |