Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/445

 Ch. 14. wards others on behalf of his ervant; and what a ervant may do on behalf of his mater.

, firt, the mater may maintain, that is, abet and ait his ervant in any action at law againt a tranger: whereas, in general, it is an offence againt public jutice to encourage uits and animoities, by helping to bear the expene of them, and is called in law maintenance. A mater alo may bring an action againt any man for beating or maiming his ervant; but in uch cae he mut aign, as a pecial reaon for o doing, his own damage by the los of his ervice; and this los mut be proved upon the trial. A mater likewie may jutify an aault in defence of his ervant, and a ervant in defence of his mater : the mater, becaue he has an interet in his ervant, not to be deprived of his ervice; the ervant, becaue it is part of his duty, for which he receives his wages, to tand by and defend his mater. Alo if any peron do hire or retain my ervant, being in my ervice, for which the ervant departeth from me and goeth to erve the other, I may have an action for damages againt both the new mater and the ervant, or either of them: but if the new mater did not know that he is my ervant, no action lies; unles he afterwards refue to retore him upon information and demand. The reaon and foundation upon which all this doctrine is built, eem to be the property that every man has in the ervice of his dometics; acquired by the contract of hiring, and purchaed by giving them wages.

for thoe things which a ervant may do on behalf of his mater, they eem all to proceed upon this principle, that the mater is anwerable for the act of his ervant, if done by his command, either exprely given, or implied: nam qui facit per alium, facit per e. Therefore, if the ervant commit a trepas Rh