Morning journal and courier., 1889-10-01

per and commendable, 1t ts not obligatory.
 Occasionally girl is hired for a certain length of time. In such cases the law is the same as in regard to the hiring of any other class of employees. If the hiring is for more than year such a contract must be in wri- ting and signed by the person to be charged, or his or her agent, in order to make it bind- ing. With this exception verbal contract is sufficient if 1t can be proved, and both the employer and the servant are bound by 1t. A minor, or person under age, is not Dy law obliged to keep such an agreement. Where such contract is made by persons of full age both parties must carry it out till the time has expired, unless the relation of mas ter and servant is sooner dissolved by mutu. al agreement or for good cause. As the law in this country presumes that hiring is for an indefinite length of time, and one which may be ended at any time by either party, where person claims hiring for definite | or certain period the burden of proving f such hiring is on such person, and not on the other party to prove it was not so. Even | If servant is hired for @ certain length of l time the relation of master and servant may | be terminated by either before the expiration | of the term of service for good cause. The 1 disoharging hired girl: Wilful neglect of duty, gross incivility, refusal to perform the proper duties required of her, prolonged or frequent absence from the house without per mission, immortality, gross carelessneas, in- subordination, inability to do the work for
 which she is hired, whether occasicned by sickness or other cause; gross uncleanliness;
 any conduct prejudioial to the safety. com-
 fort or morality of the inmates of the house;
 or any conduct or acts which indicate moral
 delinquency on the part of the servant, as
 the commission of any crime or legal nisde-
 meanor; the contracting of any contagious
 or loathsome disease, although it may not be
 severe enough to prevent the servant from
 performing her usual duties. Incompetency
 to perform the duties for which she Is hired
 is also proper ground for discharge, as
 person engaging to do the work of cook,
 for example, ia supposed to contract that she
 knows how to parform the duties of cook.
 If she cannot it is a breach of agreement.
 Among the valid reasons for abandoning the service of her employer before the expi-
 ration of the contract time are: Failure to
 provide sufficient and wholesome food or
 suitable and comfortable lodging; treating
 dering her life SO uncomfortable as to make
 1t improper for the servant to submit to it.;
 neglect or refusal to pay wages; requiring
 her to perform illegal or improper services,
 or services for which she was not hired; over
 working her; exposing her to immoral or im-
 proper influences; requiring unnecessary
 work on Sunday; or, indeed, any act preju-
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 fort, safety or health of the servant. Mere
 harsh language not calculated to injure her
 reasonable comfort is not sufficient reason
 for leaving. Slight causes are not sufficient
 reasons for breaking the agreement on either
 side; but whether the reasons for dismissal
 are sufficient or not tine servant is bound to
 leave peaceably on being ordered to do 50,
 and her remedy is with the courts for dama-
 ges if shs is wrongfully dismissed.
 Although servant is bound to do her work we'll and her employer may discharge her if she does not, if he continues to keep her in his employment he must pay her the agreed rate of wages, and cannot set up her inability or neglect to do the work properly as reason for refusing to pay her the con- tract price of wages. If an agreement is made for 8 certain sum, that, of course, fixes the amount to be paid. If no sum is agreed on the servant is entitled to @ fair price for such work as she performs, or the customary price for such work at the time and in the locality in which 1t is performed. If servant is taken sick 30 that she is un- able to do her work she can collect no wages l during such sickness. Her employer is not l obliged to pay for medical attendance or to | furnish her with medicines, and, in fact, is | not bound to board her while she is sick; but if she is allowed to remain in the house and
 is furnished with meals, she cannot be made ! to pay for her board unless it is expressly !
 A servant is expected to exercise due care , in the use of her masters property lutrusted l to her, and in all things connected with her ! service. If she is careless and breaks dish- l es, or destroys or in jures other property, she is liable for the damage done by her. The
 law only requires, however, such degree of care as other persons of ordinary carefulness would use under like circumstances. Dishes will break and accidents will happen in spite ! of ordinary cara and the mara fact of arch breakage or accidents at the hands of the domestic will not make her liable, unless she 1 ia guilty of undue negligence or lack of care. l Of course if she willfully and maliciously | injures or destroys property she is liable for l the damages, and is also criminally liable. The employer is bound to sec that the ser want is not exposed to any extraordinary
 dangers, that the implements and the mate-
 rials given her to work with, and the place she is to work in, are in a safe condition. If
 she is injured by reason of neglect of any l of these duties, she being herself in the ex- ercise of due care, the employer Is liable. For example, if 8 servant Is given a defec- 1 tive step ladder on which to stand while ! washing windows, and as e result of the de- fsot she falls and is injured, her employer 1 would ordinarily be liable; but if the ser want knew of the defect, or with ordinary caution should have known of 1t, or If the ! accident would not have happened if she had | used proper carefulness in all things, her l want of due care contributed to the tnju- | ry, and she cannot recover.
 l As .hs financial disputes between the ] employer and the domestic servant are 1 usually concerning q comparatively trifing l amount, it ia generally better to compro- l mise, or yield one's claim. than to expend
 trouble and publicity in an appeal to the 1 courts