construes it to be a hiring by the year. It is, however, the custom that either party may determine the contract upon giving a month's notice or warning; but a servant may be discharged without notice for moral misconduct, wilful disobedience, or habitual neglect of a master's lawful demands. A master is not bound to give his servant a character to any one applying for it, but if he gives one it must be a true and just one. To protect masters from the consequences of being imposed upon by false characters, stat. 32 Geo. III., c. 56, renders both the giver and the obtainer liable to fine or imprisonment. A master cannot, without express stipulation, deduct from the wages the value of articles broken or lost by a servant for want of care.

If an innkeeper's servants rob his guests, the master is bound to make restitution or compensation; for, as there is a confidence reposed in him that he will take care to provide honest servants, his negligence is a kind of implied consent to the robbery.

There are other servants who are called APPRENTICES, from apprendre, to learn, who are usually bound for a term of years by written indentures, to serve their masters, and be maintained and instructed by them. The contract of apprenticeship is one of those by which a person under age is permitted to bind himself, on the general ground, that if an agreement be for the benefit of an infant it is binding. There are also what are termed out-door apprentices who receive a given sum per week, and who, in every respect, learn and do the work of an in-door apprentice.*

A third species of servants are LABOURERS and WORKMEN, whether in husbandry, manufactures, or otherwise, who are only hired by the day or week, not living as part of the family. The hiring depends upon the expressed will of the parties.

There is a fourth species of servants, if they may be so called, of a superior order-STEWARDS, FACTORS, and BAILIFFS, whom, however, the law considers as servants pro tempore. In these cases a general engagement is usually entered into at a given rate.

If any person knowingly entices away a servant and retains him in his service after due notice that he is under an unexpired contract of service, he is liable to an action at the suit of the master.

* For enactments by which justices of the peace may settle disputes between masters and their apprentices and servants, see 7 & 8 Vict., c. 101; 14 & 15 Vict., c. 11; 17 & 18 Vict., c. 104; 30 & 31 Vict., c. 141. See also recent Act [1872], 35 & 36 Vict., c. 46.

In all cases, the master may be frequently a loser by the trust reposed in his servant; for he is answerable for his servant's misbehaviour, and never can shelter himself by laying the blame on the agent. A master, however, is not liable for the misfeasance of his servant who has wholly lost sight of his duty; that is, not engaged in the service of his master. For instance, no liability attaches to the master if the servant, without his leave or knowledge, takes his carriage and with it commits an injury; because in this case the master has not entrusted the servant with the carriage, or commissioned him to perform any service; he must be in the employ of his master at the time of committing the act.

It is now settled that in general a servant takes his employment with its ordinary risks, and cannot claim compensation for any accident that befalls him whilst engaged in it, unless such accident is caused by the master's negligence.

Explain the Second Private Relation of Persons.

It is that of MARRIAGE, which includes the reciprocal rights and duties of MAN and WIFE-of baron and feme-a solemn contract, dictated by nature and instituted by Providence, whereby a man is united to a woman for the lawful purposes of civilized society.

The common law treats this contract as a civil institution, and deems it to be good and valid where it is entered into by persons willing and able to contract, and who actually did contract in the proper forms and solemnities required by law. Each party must exercise free will; for it is the consent and not the mere union of the parties which constitutes the marriage; and the parties must be able, that is, not labouring under any legal disability, such as having another husband or wife living, want of age, want of reason, or proximity of relationship within the prohibited degrees of consanguinity.

By 5 & 6 Wm. IV., c. 54, all marriages thereafter solemnized between persons within the prohibited degrees of consanguinity or affinity shall be absolutely void to all purposes whatever.

The marriages now prohibited are those between parties related to each other, either by consanguinity or affinity, within the third degree inclusive.

A man's parents are counted as one degree in collaterals; his

brothers and sisters, grandfather and grandmother, are in the second degree; and his uncles, aunts, nephews, and nieces in the third degree. Cousins-german, or first cousins, being in the fourth degree of collaterals, may marry; a nephew and great aunt, or a niece and great-uncle, are also in the fourth degree, and may marry, and although a man cannot marry his grandmother, he can, if he likes, marry his grandmother's sister. But a man can neither marry his sister nor his wife's sister, for both are related to him in the second degree; nor his sister's daughter, nor wife's sister's daughter, for both are in the third degree. Two brothers may marry two sisters, or father and son may marry mother and daughter. If a brother and sister marry two persons not related, and the brother and sister die, the widow and widower may intermarry; for though a man is related to his wife's brother by affinity, he is not so to his wife's brother's wife, whom it would not be unlawful for him to marry.

With respect to the marriages of minors, stat. 26, Geo. II., c. 33, enacts that all marriages celebrated by licence without the consent of the father, or if he be not living, of the mother or guardian, shall be absolutely void; but this Act was so prejudicial that the law was, by stat. 3 Geo. IV., c. 75, and 4 Geo. IV., c. 76, relaxed to this extent, that though consent is still required for the marriage of minors, yet marriages without such consent are valid.*

For the legal constitution of any marriage solemnized according to the forms of the Established Church, it must either be preceded by the publication of banns for three Sundays in the parish church, or public chapel of the parish or chapelry in which the parties reside, and churches or chapels specially authorized by episcopal licence or order in Council; or be authorized by a licence or registrar's certificate with or without licence.+

There are two kinds of licences, one a common licence, which is granted by the ordinary through his chancellor and surrogates; the other a special licence, granted only by the Archbishop of Canterbury, for which no fixed period of residence is necessary; and which authorizes marriage at any hour of the day or night, and

* See 6 & 7 Wm. IV., c. 85, s. 25; 19 & 20 Vict., c. 119, s. 17.

For marriages according to the usages of the Society of Friends, see recent Act [1872], 35 & 36 Vict., c. 10.

in any place, whether consecrated or not. It is granted only on special grounds, and for a pecuniary payment so large as to be prohibitory to persons who are not affluent. A common licence may be obtained by any person on the payment of the fees, and declaring on oath that one of the parties to be married has for the preceding fifteen days had his or her usual place of abode within the parish or district in the church or chapel of which the marriage is to be solemnized; that there is no lawful impediment to the marriage known to the deponent; and if either party be a minor, that the consent of the proper parent or guardian (if any) has been obtained.*

For marriages other than those solemnized by clergymen of the Established Church certain proceedings, required to be taken in the office of the superintendent registrar, which stand in place of the banns or licence, are fully detailed in the Acts referred to; and the presence of a civil registrar at the solemnization of the marriage is in all cases required, except when the marriage is according to the usages of Quakers or of Jews.t

By marriage, the husband and wife are one person in law; that is, the legal existence of the woman is suspended during the marriage, and she is called a feme covert, is under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle of a union of person in husband and wife depend almost all the legal rights, duties, and disabilities that either of them acquires by the marriage. For this reason, a man cannot grant anything to his wife, or enter into covenant with her; for the grant would be to suppose her separate existence, and to covenant with her would be only to covenant with himself; and therefore it is also generally true, that all compacts made between husband and wife when single are made void by the intermarriage. The husband, however, may grant to or contract with a third person as trustee for the wife; and if he conveys land to a third person to her use, that will be an effectual conveyance under the "Statute of Uses."

A woman may be an agent for her husband, for that implies no separation from, but is rather a representation of, her husband;

* See 4 Geo. IV., c. 76, ss. 10, 14; 6 & 7 Wm. IV., c. 85, s. 1; and 19 & 20 Vict., c. 119, s. 11.

† See 6 & 7 Wm. IV., c. 85, ss. 2, 16; and 19 & 20 Vict., c. 119, ss. 20, 22.

and a husband may also bequeath anything to his wife by will, for that cannot take effect till the coverture is determined by his death. The husband is bound to provide his wife necessaries by law, and if she contracts debts for them he is obliged to pay them; but, for anything besides necessaries, he is not chargeable.* He is also liable to the payment of necessaries for his wife's children (if any) born before marriage, whether legitimate or illegitimate, until they have attained the age of sixteen, or till the death of the mother, and by recent statutes the parents of such children as are detained in a reformatory or industrial school shall contribute to their support a sum not exceeding five shillings a week.

Marriage is dissolved by death, by judicial separation, and by judicial divorce.† In cases of judicial separation and judicial divorce, the law allows alimony to the wife, which is generally proportioned to the rank and quality of the parties and other circumstances; but in cases of elopement and living in adultery, the law allows no alimony.

What is considered the nearest Relation in Nature? PARENT and CHILD, of which there are two sorts-Legitimate and Illegitimate. A legitimate child is one that is born in lawful wedlock; for with us in England the nuptials must be precedent to the birth. A bastard is one born out of wedlock.

The duties of parents to legitimate children consist in three particulars their maintenance, their protection, their education.‡

1. As to MAINTENANCE, it is now provided that if any parent shall wilfully neglect to provide adequate food, clothing, medical aid, or lodging for his child, being in his custody, under the age of fourteen years, whereby the health of such child shall have been or shall be likely to be seriously injured, he shall be guilty of an offence punishable on summary con

* See "Titles to Things Personal," p. 177; also the "Married Women's Property Act," p. 178.

+ Till 1857 the ecclesiastical courts had the sole jurisdiction in matrimonial causes, and possessed the exclusive power of annulling marriages; but that power was taken from them by the stat. 20 & 21 Vict., c. 85, which established the Court for "Divorce and Matrimonial Causes." The jurisdiction of that court will be duly considered in a forthcoming chapter.

See for duty of parents, &c., 18 & 19 Viet., c. 24; 24 & 25 Vict., c. 113; 25 & 26 Vict., c. 10; 31 & 32 Vict., c. 122, ss. 16, 17, 22.