§ 2165. Surviving employee Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor shall act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. Subchapter IV-Termination of Employment § 2191. Termination of employment generally (1) the expiration of its appointed term; (3) the death of the employee; or (4) the employee's legal incapacity to act as such. § 2192. Death or incapacity of employer Employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: (1) death of the employer; or (2) legal incapacity of the employer to contract. § 2193. Continuance of service in certain cases An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without notice, shall continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment. § 2194. Terms of employment An employment having no specified term may be terminated at the will of either party, on notice to the other. Employment for a specified term means an employment for a period greater than one month. § 2195. Termination by employer An employment for a specified term may be terminated at any time by the employer in case of willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it. § 2196. Termination by employee An employment for a specified term may be terminated by the employee at any time in case of willful or permanent breach of the obligations of his employer to him as an employee. 2197. Compensation due on dismissal An employee who is not employed for a specified term, and who is dismissed by his employer is entitled to compensation for services rendered up to the time of the dismissal. § 2198. Compensation due on quitting An employee who is not employed for a specified term and who quits the service of his employer is entitled to compensation for services rendered up to the time of the quitting. 2274. Liability of factor under guaranty commission. 2275. Relief from liability. Subchapter I-Master and Servant § 2231. Servant defined 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. 8 2232. Term of hiring; presumptions 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 piecework, for no specified term. § 2233. Presumption of monthly term and wages In the absence of an agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed. 82234. Renewal of hiring 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. § 2235. Delivery of things received for master's account A servant shall deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for the master's account, without demand; but the servant is not bound, without orders from his master, to send anything to the master through another person. § 2236. Grounds for discharge A master may discharge any servant, other than an apprentice, whether engaged for a fixed term or not: (1) if the servant is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with his service; or (2) if, being employed about the person of the master, or in a confidential position, the master discovers that the servant 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 the servant. Subchapter II-Agents § 2251. Conformity to limits of authority An agent may not exceed the limits of his actual authority, as defined by chapter 75 of this title on agency. § 2252. Duty to keep principal informed An agent shall use ordinary diligence to keep his principal informed of his acts in the course of the agency. § 2253. Collecting agent An agent employed to collect a negotiable instrument shall 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, shall present it for acceptance with reasonable diligence. § 2254. Responsibility of subagent A mere agent of an agent is not responsible as such to the principal of the latter. Subchapter III-Factors § 2271. Factor defined A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive payment therefor from the purchaser. § 2272. Obedience required from factor A factor shall obey the instructions of his 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 and place of sale, and proceeding in all respects as a pledgee. § 2273. Sales on credit A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the purchaser upon the term of credit, may not extend it. § 2274. Liability of factor under guaranty commission A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds. 8 2275. Relief from liability A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, may not relieve himself from responsibility therefor without the consent of his principal. Sec. CHAPTER 63—SERVICE WITHOUT EMPLOYMENT 2311. Voluntary interference with property. § 2311. Voluntary interference with property One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, shall complete the service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about the service from any profits which his service has caused the thing to acquire for its owner, and shall account to the owner for the residue. Sec. CHAPTER 65-CARRIAGE IN GENERAL 2341. Contract of carriage defined. 2342. Kinds of carriage. 2343. Marine carriers; application of provisions. 2344. Obligations of gratuitous carriers. 2345. Obligations of gratuitous carrier after commencing carriage. § 2341. Contract of carriage defined The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another. § 2342. Kinds of carriage Carriage is either: (1) inland; or (2) marine. § 2343. Marine carriers; application of provisions This chapter and chapters 67-73 of this title, with the exception of section 2471 of this title, do not apply to marine carriers. Marine carriers, within the meaning of this section, include carriers upon the ocean, upon arms of the sea, and those transiting the Canal from ocean to ocean. § 2344. Obligations of gratuitous carriers Carriers without reward are subject to the same rules as employees without reward, except as far as is otherwise provided by this chapter and chapters 67-73 of this title. § 2345. Obligations of gratuitous carrier after commencing carriage A carrier without reward, who has begun to perform his undertaking, shall complete it in like manner as if he had received a reward, unless he restores the person or thing carried to as favorable a position as before he commenced the carriage. Subchapter I-Gratuitous Carriage of Persons § 2371. Degree of care required A carrier of persons without reward shall use ordinary care and diligence for their safe carriage. Subchapter II-Carriage for Reward § 2391. General duties of carrier A carrier of persons for reward shall use the utmost care and diligence for their safe carriage, shall provide everything necessary for that purpose, and shall exercise to that end a reasonable degree of skill. § 2392. Safety of vehicles A carrier of persons for reward shall provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care. § 2393. Overcrowding or overloading A carrier of persons for reward may not overcrowd or overload his vehicle. § 2394. Treatment of passengers A carrier of persons for reward shall give to passengers all such accommodations as are usual and reasonable, and shall treat them with civility, and give them a reasonable degree of attention. § 2395. Rate of speed and delays A carrier of persons for reward shall travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route. Sec. CHAPTER 69-CARRIAGE OF PROPERTY SUBCHAPTER I-GENERAL DEFINITIONS 2421. Freight, freightage, consignor, and consignee defined. SUBCHAPTER II-OBLIGATIONS OF CARRIER 2441. Care and diligence required of carriers. 2442. Obedience to directions. 2443. Conflict of orders. 2444. Delivery of freight. 2445. Notice of arrival to consignee. 2446. Failure of consignee to accept and remove freight. SUBCHAPTER III-BILLS OF LADING 2471. Application of Federal Bill of Lading Act to shipments wholly within Canal Zone. SUBOHAPTER IV-FREIGHTAGE 2491. Time for payment of freightage. 2492. Consignor's liability. 2493. Consignee's liability. 2494. Natural increase of freight. 2495. Apportionment by contract. 2496. Apportionment upon partial delivery. 2497. Apportionment according to distance. 2498. Freight carried farther or faster than agreed. 2499. Carrier's lien. |