Page:United States Statutes at Large Volume 47 Part 1.djvu/1273

 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 193& 1249 SEC. 855 . H To ACCOUNT .-An employee must, on demand, Duty to account . render to his employer just accounts of all his transactions in the course of his se rvice , as often as may be reas onabl e, and mus t, wi th- out demand, give prompt notice to his employer of everything which he rec ei ves for his account. Relive y without SEC. 856. EMPLOYEE NOT BOUND TO DELIVER WITHOU T DEMAND,-An de- emplo yee who re ceive s any thing on a ccoun t of his e mploy er, in any capacity other th an that of a mere servant, is not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode involving greater risk than its retention by the employee himself. SEC. 857 . PREFERENCE TO BE GIVEN TO E3IPLOYERB. -A n employee Preference to be who has any busi ness to tr ansac t on his own ac count , sim ilar to th at gw en to employers. intru sted to him by his e mploy er, m ust a lways give the latte r the preference. SEC. 858 . RESPONSIBILITY FOR NEGLIGENCE .-An employee who is Responsibilitiy for guilty ofa culpable degree of negligence is liable to his employer negligence1 for the damage the re by caused to the latter ; and the employer is liable to him, if the service is not gratuitous, for the value of such servic es on ly as are prope rly rendered. SEC. 859 .-SURV IVTNG EMPLOYEE .-Where service is to be rendered surviving employee• by two or more persons jointly, and one of them dies, the survivor mu st 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. SEC. 860. CONFIDENTIAL EMPLOYMENT .-The obligations peculiar Confldentisl employ- me nt to con fiden tial emplo yment s are defi ned in cha pters 49 and 50 of t his Post, pp. 1258.1261 . code on trusts. TER MI NAT ION OF EMPLO YMENT Termination of em- ployment. SEC . 861. EM PLAY MEN T, HOW TERMINATED.-Every employment in Row • which the power of the employee is not coupled with an interest in its subject is ter mi nat ed by notice to him of 1. The death of the employer ; o r 2. His legal incapacity to contract. S EC. 862. SAME .-Every employment is ter mi nat ed 1. By the exp irati on of its appoi nted term 2. By the extinction of its subje ct ; 3. By the death of the employee ; or 4. By his legal incapacity to act as such. SEC. 663. CONTINUANCE OF SERVICE IN CERTAIN CASES.-An em- Continuance ofservf ployee, unless the term of his service has expired, or unless he has ice in certain caw. a right to discontinue it at any ti me without notice, must continue his service aft er notice of the dea th 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 noti ce of the facts has been commu nicat ed to such succ essor. The succ essor must comp ensat e the empl oyee for s uch s ervic e acc ordin g to the ter ms of the contract of employment. SEC. 864. TERMS OF EMPLO YMENT .-An employment, having no Employment at w i ll. specified terms, may be terminated at the will of either party, on notice to the other. Employment for a specified term shall mean For specified t erm . an employment for a period greater th an one month. SEC. 865. TERMINATION BY EMPLOYER .-An emplo yment , for a Termination by em specified term, may be terminated at any time by the employer, in ployer . case of any willful breach of duty by the employee in the course of his emplo yment , or in ca se of his habit ual n eglec t of his d uty or continued in cap ac ity to perform it. 3051 „-33-79