Page:United States Statutes at Large Volume 47 Part 1.djvu/1274

 1250 By employee. Compensation on dismissal. Compensation on quitting. PARTICULAR EMPLOYMENTS. Ante, p. 1247. Master and servant. "Servant ;" defi ned. Ante, p. 1247. Ante, p. 1245. Ante, p.1217. Term of hiring. Renewal of hiring. Servant's duty to p ay over. Right to discharge. 72d CONGRESS. SESS. IL CH. 128 . FEBRUARY 27, 1933 . SEC. 866 . TERMINATION BY EMPLOrRE .An employment, far a specified term, may be terminated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an emplo'ee. SEC. 867 . COMPENSATION DUE ON DISMISSAL .-An employee who is not employed for a specified term, dismissed by his employer, is entitled to compensation for services rendered up to the time of such dismissal. SEC. 868 . COM PEN SATI ON DUE ON QUEF TINO .-A n employee who is not employed for a specified term and who quits the service of his employ er, is e ntitled to compe nsation for servi ces rend ered up to the time o f such q uitting. CHAPTER 42 . -PAR TIC ULAR EMP LOY MENT S CR OSS REFERENCE This chapter not applicable to canal or railroad employees. see section 839 MAS TER AND S ERV ANT S EC. 869 . SERVANT, WHAT :A servant is one who is employed to render personal service to his employer, otherwise than• in the pur- suit of an independent calling, and who in such service remains entirel y under the contr ol and d irection of the latter, who is c alled his master. CRO SS REFERENCES Employer and employee, generally, see sections 841 et seq. Obligations of employee, see sections 845 et seq. Obligations of employer, see sections 842 et seq. SEC. 870. TERM OF HIRING.-A serv ant is p resu med to have bee n 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. SEC. 871. SAME .-In the absence of any 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. SEC. 872. RENEWA L O F HIRING .- Where, afte r the expir ation of a n 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. SEC. 873. SERVANT TO PAY OVER WITHOUT DEMAND .-A servant mus t deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for his account, without de- mand ; but he is not bound, without orders from his master, to send anything to him through another person. SEC. 874. WHEN SERVANT MAY BE DISCHAROEP .-A master may dis- charge any servant, other than an apprentice, whether engaged for a fixed term or not I. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same ; or, 2. If, being employed about the person of the master, or in a con- fidential position, the master discovers that he 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 him.