Page:United States Statutes at Large Volume 76A.djvu/275

–179– -179CHAPTER 61—PARTICULAR EMPLOYMENTS SUBCHA1»TEE I

See. 2231. 2232. 2233. 2234. 2235. 2236.

MASTER AND SEKVANT

Servant defined. Term of hiring; presumptions. Presumption of monthly term and wages. Renewal of hiring. Delivery of things received for master's account. Grounds for discharge. SUBCHAPTER II—AGENTS

2251. 2252. 2253. 2254.

Conformity to limits of authority. Duty to keep principal informed. Collecting agent. Responsibility of subagent. SUBCHAPTER HI—FACTORS

2271. 2272. 2273. 2274. 2275.

Factor defined. Obedience required from factor. Sales on credit. Liability of factor under guaranty commission. Relief from liability.

Subchapter I—Master and Servant § 2231. Servant defined A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master. § 2232. Term of hiring; presumptions A servant is presumed to have been 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. § 2233. Presumption of monthly term and wages In the absence of an 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. § 2234. Renewal of hiring Where, after the expiration of an 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. § 2235. Delivery of things received for master's account A servant shall deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for the master's account, without demand; but the servant is not bound, without orders from his master, to send anything to the master through another person. § 2236. Grounds for discharge A master may discharge any servant, other tlian an apprentice, whether engaged for a fixed term or not: (1) if the servant is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with his service; or (2) if, being employed about the person of the master, or in a confidential position, the master discovers that the servant has been guilty of misconduct, before or after the commencement of

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