Part 37
If a servant be hired for a year certain, or for any indefinite time, which is construed in law, to be for a year, his master cannot discharge him either before, or at the end of the term, nor afterwards, without giving a quarter of a year’s previous warning, before a witness;—unless for some cause which shall be deemed sufficient by a magistrate, under the forfeiture of 40s.
And, as a master cannot discharge a yearly servant without a quarter’s warning, given previous to the expiration of the year; neither can a servant leave his place without a similar notice, under pain of imprisonment, and of losing all his wages.
A servant leaving his place without giving regular notice, or neglecting his master’s business, or disobeying his orders, (which is considered as a departure from his service,) or being guilty of any other misconduct, may be punished by three months’ imprisonment, or in lieu thereof, with the loss of a part or the whole of his wages, _at the discretion of a justice_.
_The Parties may part by mutual consent._
A master and his servant may part by mutual consent, without any forfeiture on either part;—or, for a cause to be allowed by a justice.
_A Servant may be discharged for any moral Crime._
If a servant be guilty of any moral infamy whilst in his master’s service, he may discharge him without application to a justice.
Also, if he be taken into custody for any offence, and legally detained, so that he cannot attend to his duties, the master is authorized to discharge him. But, if the offence of which the servant is accused was committed before the time of hiring, the master cannot discharge him without the order of a justice.
_A yearly Servant cannot be discharged for any act of God._
A master cannot discharge his yearly servant within the year, by reason of illness, or of any hurt by which he may be disabled from doing his usual business, nor even for insanity, without an order from a justice; nor can his wages be abated for such reason.
_A Servant may be discharged by a Justice if his Wages be not paid, or sufficient Maintenance be denied him._
The master detaining a servant’s wages, or not allowing him sufficient meat and drink, or otherwise ill-treating him, is a good cause for a servant’s leaving his place; _but it must be allowed by a justice_.
_Punishment for insolence after Warning given._
If, after warning given, a servant is insolent, or refuses to do his duty, a magistrate may commit him to prison for the time he has to serve; but the master must pay him his wages whilst there.
_Punishment for an assault on the Master or Mistress._
If a servant assault his master or mistress, or any other person having charge over him, he may be bound to his good behaviour; or be committed to prison, for a year or less, at the discretion of two magistrates.
_Agreement by a Servant under age not to operate against him._
No agreement made by a servant, with his master, whilst he is under the age of 21 years, can be made to operate against him.
_A married Woman must serve her term._
A woman who is married, or shall marry during her servitude, must, in either case, serve out her time; nor can her husband take her out of her master’s service.
_A Woman with Child may be discharged by a Justice._
Should a woman with child be hired for a term, and her master knew not of it, or should she prove with child during her servitude, he may discharge her, with the concurrence of a magistrate.
But if, when he knows it, he does not discharge her before a magistrate, but keeps her on, he must provide for her till her delivery, and for one month after; when she is to be sent to her place of settlement.
_Servants must go to Church._
Masters can insist on their servants going to church; and every person whose servant shall be absent from church, for one month, at a time, without a reasonable excuse, forfeits 10_l._ for every month he so keeps that servant.
_Punishment for gaming._
A servant gaming at a public house, with cards, dice, draughts, or at any game, is liable to be taken before a magistrate, and fined from 5_s._ to 20_s._ one-fourth of which goes to the informer; and he may be committed to hard labour for a month, or till the penalty is paid.
_Punishment for getting Drunk._
Every person convicted of having been drunk, within six months previous to the information, before one justice, on the oath of one witness, forfeits 5_s._ for the first offence, or may be set in the stocks six hours; and for the second offence must give good security not to offend again.
_Punishment for Cursing and Swearing._
Any servant who may be convicted of cursing and swearing, within eight days of the offence, before one justice, shall forfeit 1_s._ for the first offence; 2_s._ for the second; and 3_s._ for the third; or be committed to hard labour for ten days.
_The Interest a Master has in his Servant._
The master can maintain an action for injury done to his servant; or for enticing him away, or for detaining him.
From the interest that a master acquires in his servant, by reason of the wages he pays him, if the servant be maimed or disabled in his master’s service through the fault of another, the master may recover from that other, for loss of his service. Also, for this reason, a man may maintain an action against another for enticing away his servant; or for detaining him after demanded;—or for retaining him with a knowledge of his having left him clandestinely: for this latter offence an action is maintainable against the servant also, or against both.
_A Master may protect his Servant, and may assist him to prosecute a Stranger._
A master may be justified in assaulting another in protection of his servant; or, he may assist his servant in supporting the expense of an action at law against a stranger; though in general it is deemed an offence against public justice to encourage animosities by such assistance.
_A Servant is bound to defend his Master._
The master may demand the aid of his servant, and the servant may stand up in his master’s or mistress’s defence without being liable to punishment.
_The Master is liable for the Acts of his Servant._
The acts of servants are, in most instances, deemed the acts of their masters. In fact, every man ought to transact his own business; and though by the indulgence of the law, he can delegate the power of acting for him to another, yet, it is with reason, that the acts of his substitute, being pursuant to his authority, should be considered as the acts of himself. It is, therefore, a rule of law, that whatever trespass a servant commits by the order, encouragement, or with the tacit consent of his master, the master shall be answerable for it. Generally, a master is responsible for all acts done by his servant in the course of his ordinary and proper business, even though he has given him no express commands. The master is also liable for any fault or neglect of his servant whilst executing his _lawful_ commands. But, in all such inexcusable cases, the servant is punishable by the criminal laws, and is also liable to civil actions.
_Servants not answerable but for wilful Neglect, or Fraud._
A servant cannot be made answerable to his master for any loss that may happen without his wilful neglect; but if he be guilty of fraud or gross negligence, an action will lie against him by his master. Therefore, if a master give money or other thing to a servant to carry to a certain place, and he is robbed, the servant is not answerable.—But if it be lost through his neglect he is punishable.
_Servants setting fire to a House._
A servant negligently setting fire to a house, shall, on the oath of one witness, be made to pay one hundred pounds, to be distributed among the sufferers; or be committed to hard labour, in prison, for eighteen months.
_Embezzlement of a Master’s property is Felony._
If money, goods, bills, bonds, notes, bankers’-drafts, or other valuable security, or effects, be delivered to a servant, or clerk, to keep, and he go away with them, or embezzle, secrete, or otherwise convert either, or any of them, to his own use, it is felony; if he be more than 18 years of age.
If any servant shall purloin, or make away with his master’s goods to the value of 40_s._ it is felony, and he shall, himself, his aider, or abettor, on conviction, be transported for 14 years. Or, if a master deliver the key of a room to a servant, and he steal therein to the amount of 12_d._ it is felony.
_Servants pawning their Master’s property._
Servants pawning their master’s goods without orders, shall forfeit 40_s._ and the value of the goods so pawned; or be sent to the House of Correction for three months, and be publickly whipped.
_Mode of settling disputes for Wages, and other matters._
Disputes with servants for wages under 10_l._ a year, and other matters, may be referred to a magistrate, who is authorized to redress such complaints. But magistrates in the metropolis can take no cognizance of the wages of coachmen, grooms, &c. as they come within the jurisdiction of the Commissioners of Hackney-Coaches, &c.
OF FALSE CHARACTERS.
_Punishment for bringing false Characters._
If any person shall falsely personate any master or mistress, or his or her representative, and shall either verbally or in writing, give a false, forged, or counterfeit character to any person, offering him or herself to be hired as a servant; or, if any person shall pretend or assert, in writing, that any servant had been hired for any period of time, or in any station whatsoever, other than the true one, or that he was discharged, or left his service; or that such servant had not been hired in any previous service contrary to the truth.-Or, if any person shall offer him or herself as a servant, pretending that he hath served in any service, in which he hath not served; or with a false, forged, or counterfeit certificate of character; or shall in anywise add to, or alter, efface, or erase any word, date, matter, or thing, in any certificate given to him by his last or former actual master, or person authorized by him; or, if any person, having before been in service, shall, when offering himself to hire, falsely pretend not to have been hired in any former service; such person convicted of any, or either, of these offences, by the oath of one witness, (the informer to be deemed a competent witness,) before two justices, shall forfeit 20_l._ one half to go to the informer, and the other half to the poor of the parish, together with 10_s._ the costs of conviction; or on failure, be committed to hard labour in the House of Correction, for not less than one month, nor more than three, or, till the penalty and costs be paid.
And, if any servant so offending, shall give information against any accomplice, so that he be convicted, such servant shall be acquitted.
_No Action will lie against a Master for a bad Character unless it be maliciously given._
No action can be maintained by a servant against his former master for a bad character, given either verbally or in writing, unless it can be proved that the character given was not only _false_ but _malicious_.
HACKNEY COACH FARES.
_General Rules for Distances._
_s. d._ Not exceeding one mile ... 1 0 One mile and a half ... 1 6 Two miles ... 2 0 Two miles and a half ... 3 0 Three miles ... 3 6 Three miles and a half ... 4 0 Four miles ... 4 6 Four miles and a half ... 5 6 Five miles ... 6 0 Five miles and a half ... 6 6 Six miles ... 7 0 Six miles and a half ... 8 0 Seven miles ... 8 6 Seven miles and a half ... 9 0 Eight miles ... 9 6 Eight miles and a half ... 10 6 Nine miles ... 11 0 Nine miles and a half ... 11 6 Ten miles ... 12 0 Ten miles and a half ... 13 0 Eleven miles ... 13 6 Eleven miles and a half ... 14 0 Twelve miles ... 15 0
And so on at the rate of 6d. for every half mile, and an additional 6d. for every two miles completed.
_For Time._
_s. d._ Not exceeding thirty minutes ... 1 0 Forty-five minutes ... 1 6 One hour ... 2 0 One hour and twenty minutes ... 3 0 One hour and forty minutes ... 4 0 Two hours ... 5 0 Not exceeding two hours and twenty minutes ... 6 0 Two hours and forty minutes ... 7 0 Three hours ... 8 0 Three hours and twenty minutes ... 9 0 Three hours and forty minutes ... 10 0 Four hours ... 11 0
And so on at the rate of sixpence for every fifteen minutes further time.
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_The Commissioners’ List for Regulating the Price and Measurement of One Shilling, Eighteen-penny, and Two Shilling Fares, according to the late Act of Parliament._
ONE SHILLING FARES.
The distance not exceeding one mile.
_Palace Yard, Westminster._ _m. f. p._
First coach, to the end of Catherine Street, Strand 0 7 28 Ditto, to Derby Court, Piccadilly 0 7 26
_Charing Cross._
The Golden Cross, to White Horse Street, Piccadilly 0 7 27 Ditto, to Serjeant’s Inn, Fleet Street 0 7 22
_Strand._
Catherine Street, to Watling Street, St. Paul’s 0 7 33
_Temple Bar._
To the second Scotland Yard, Whitehall 0 7 21 Ditto, to Mercer’s Chapel, Cheapside 0 7 30
_Bridge Street, Fleet Street._
First coach, to St. Peter’s Church, Cornhill 0 7 34 Ditto, to Newcastle Street, Strand 0 7 26
_St. Paul’s Church-yard._
First coach, to Beaufort Buildings, Strand 0 7 25 Ditto, to Billiter Lane, Leadenhall Street 0 7 26
_Cheapside._
Gutter Lane, to Featherstone Buildings, Holborn 0 7 29 Ditto, to Whitechapel Bars 0 7 30
_Cornhill._
The centre of the Royal Exchange, to Great Garden} 0 7 27 Street, Whitechapel } Ditto, to Water Lane, Fleet Street 0 7 32 Ditto, to Hatton Garden, Holborn 0 7 33
_Whitechapel._
First coach, next the Three Nuns, to Cheapside conduit 0 7 28 Ditto, to the Old ’Change, Cheapside 0 7 22
_Holborn._
The end of Hatton Garden, to the Royal Exchange 0 7 33 The end of Red Lion Street, to Buckingham St., Strand 0 7 30
_Oxford Street._
The end of Rathbone Place, to Orchard Street 0 7 16 Ditto, to Gray’s Inn Gate, Holborn 0 7 20 The end of Park Street, to Dean Street, Holborn 0 7 26
_Piccadilly._
The Golden Lion, to Panton Street, Haymarket 0 7 32 The end of St. James’s Street, to Cecil Street, Strand 0 7 28
_King Street, Cheapside._
Gatestone Street, to St. Dunstan’s Church, Fleet Street 0 7 32
_Clerkenwell._
Opposite the Close, to Bread Street, Cheapside 0 7 29
_Buckingham Gate._
Opposite the Gate, to the Treasury, Whitehall 0 7 17
EIGHTEEN-PENNY FARES.
The distance not exceeding one mile and a half.
_Palace Yard, Westminster._ _m. f. p._
First coach, to Serjeant’s Inn, Fleet Street 1 3 15 Ditto, to White Horse Street, Piccadilly 1 3 21
_Charing Cross._
The Golden Cross, to the end of Grosvenor Place, Hyde} Park Corner } 1 3 19 Ditto, to Watling Street, St. Paul’s Church Yard 1 3 28
_Strand._
Catherine Street, to Bank Street, Cornhill 1 3 30
_Temple Bar._
To Little Abingdon Buildings, Westminster 1 3 19 To Billiter Lane, Leadenhall Street 1 3 31
_Bridge Street, Fleet Street._
First coach, to Somerset Street, Whitechapel 1 3 27 Ditto, to Downing Street, Parliament Street 1 3 26
_St. Paul’s Church Yard._
First coach, to the end of Pall Mall, Cockspur Street 1 3 35 Ditto, Brick Lane, Whitechapel 1 3 31
_Cheapside._
Gutter Lane, to Dyot Street, St. Giles’s 1 3 29 Ditto, to Whitechapel Workhouse 1 3 27
_Cornhill._
The centre of the Royal Exchange, to Dog-row, Mile-end 1 3 21 The centre of the R. Exchange, to Somerset-place, Strand 1 3 26 Ditto, to the Bull and Gate, Holborn 1 3 26
_Whitechapel._
First coach, next the Three Nuns, to Ely Place, Holborn 1 3 31 Ditto, to Salisbury Court, Fleet Street 1 3 32
_Holborn._
The end of Hatton Garden, to Houndsditch, Whitechapel 1 3 28 The end of Southampton Buildings, to the Treasury,} Whitehall } 1 3 28 Ditto, to St. Mary Axe, Leadenhall Street 1 3 27 The end of Red Lion St. to Downing St., Westminster 1 3 27
_Oxford Road._
The end of Bond Street, to Brownlow Street, Holborn 1 3 29 The end of Park Street, to opposite the Coal Yard,} High Holborn } 1 3 30
_Piccadilly._
The Golden Lion, to Adam Street, Strand 1 3 29 Ditto, to Whitehall Chapel 1 3 20 The end of St. James’s St. to Temple Lane, Fleet St. 1 3 28
_Tower._
First coach, to Fetter Lane, Fleet Street 1 3 21
_King Street, Cheapside._
Cateaton Street, to Burleigh Street, Strand 1 3 22 Ditto, to Newton Street, Holborn 1 3 30
_Clerkenwell._
Opposite the Close, to opposite Leadenhall Market 1 3 31
_Buckingham Gate._
Opposite the Gate, to Bedford Street, Strand 1 3 2
TWO SHILLING FARES.
The distance not exceeding two miles.
_Palace Yard, Westminster._ _m. f. p._
First coach, to the end of Watling Street, St. Paul’s} Church Yard } 1 7 32 Ditto, to opposite the Horse Guards at Knightsbridge 1 7 25
_Whitehall._
From the Horse Guards, to Mercer’s Chapel, Cheapside 1 7 28 Ditto, to Bear Court, Knightsbridge 1 7 28
_Charing Cross._
The Golden Cross, to Smith’s Manufactory, Knightsbridge 1 7 4 Ditto, to Bank Street, Cornhill 1 7 27
_Strand._
Catherine Street, to Poor Jewry, Aldgate 1 7 30
_Temple Bar._
To the end of Millbank Street, Westminster 1 6 13 To the Red Lion and Spread Eagle, Whitechapel 1 7 16
_Bridge Street, Fleet Street._
First coach, to New Road, Whitechapel Road 1 7 32 Ditto, to the turning to Queen Square, Westminster 1 7 33
_St. Paul’s Church Yard._
First coach, to St. James’s Palace Gate 1 6 25 Ditto, to the sign of the London Hospital 1 7 3
_Cheapside._
Gutter Lane, to the end of Poland Street, Oxford Street 1 7 34 Ditto, to the end of Mutton Lane, Mile-End Road 1 7 26
_Cornhill._
The centre of the Royal Exchange, to the Rose and} Crown, Mile-End Road } 1 7 30 Ditto, to the end of St. Martin’s Lane, Strand 1 7 21 Ditto, to the end of Denmark Street, St. Giles’s 1 7 21
_Whitechapel._
First coach, next to the Three Nuns, to the Bull and} Gate, Holborn } 1 7 33 First coach next to the Three Nuns, to Somerset House 1 7 33
_King’s Road, Gray’s Inn Lane._
First coach, to the Blue Bear, Whitechapel 1 7 20 Ditto, to Park Street, Oxford Road 1 7 27
_Holborn._
The end of Hatton Garden, to the end of Garden Street,} Whitechapel Road } 1 7 25 Ditto, to the end of Duke Street, Oxford Road 1 7 31 The end of Red Lion Street, to the King’s Head, Lambeth} Marsh } 1 7 33 The Vine Tavern, to the end of Poor Jewry, Aldgate 1 7 30
_Oxford Street._
The end of Rathbone Place, to the end of Bigg’s Lane,} in the road to Bayswater } 1 7 19 Ditto, to the end of the Old Jewry, Poultry 1 7 31
The end of Bond Street, to the end of Cow Lane,} Snow Hill } 1 7 26 The end of Park Street, to Gray’s Inn Gate, Holborn 1 7 25
_Piccadilly._
The Golden Lion, to Palsgrave Head Court, Temple Bar 1 7 28 Ditto, to the end of Wood Street, Millbank Street,} Westminster } 1 7 33 End of St. James’s Street, to the first coach in} St. Paul’s Church Yard } 1 7 28
_Tower._
To the centre of Exeter ’Change, Strand 1 7 31
_King Street, Cheapside._
Cateaton St. to the end of Suffolk Street, Cockspur St. 1 7 25 Ditto, to the Boar and Castle, Oxford Road 1 7 15
_Clerkenwell._
Opposite the Close, to the Talbot Inn, Whitechapel 1 7 29
_Buckingham Gate_.
Opposite the Gate, to the end of Essex Street, Strand 1 7 29
FARES FROM REMARKABLE PLACES.
_Admiralty to_ _s. d._ Islington Church 4 0 India House 3 0 Mile-End Turnpike 4 6 Ratcliffe 5 6 Shoreditch Church 4 0 Tower 3 6 Union Street, Borough 3 6
_Bank to_
Berkeley Square 3 6 Haymarket 3 0 Hyde Park Corner 4 0 Islington Church 3 0 Piccadilly 3 0 Pantheon, Oxford Street 3 0 Ratcliffe 3 0 Tyburn Gate 4 0
_Berkeley Square to_
Clerkenwell Green 3 6 Foundling Hospital 3 0 Guildhall 3 6 Islington Church 4 0 India House 4 0 Lincoln’s Inn (near side) 3 0 Mile-End Gate 5 6 Newgate 3 0 Obelisk, Fleet Street 3 0 Ratcliffe 6 0 St. Paul’s (west end) 3 0 Shoreditch Church 4 6 Tower 4 0 Union Street, Borough 4 6
_Bishopsgate Street Within to_