Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/446

 430 by the command or encouragement of his mater, the mater hall be guilty of it: not that the ervant is excued, for he is only to obey his mater in matters that are honet and lawful. If an innkeeper's ervants rob his guets, the mater is bound to retitution : for as there is a confidence repoed in him, that he will take care to provide honet ervants, his negligence is a kind of implied conent to the robbery; nam, qui non prohibet, cum prohibere poit, jubet. So likewie if the drawer at a tavern ells a man bad wine, whereby his health is injured, he may bring an action againt the mater : for, although the mater did not exprely order the ervant to ell it to that peron in particular, yet his permitting him to draw and ell it at all is impliedly a general command.

the ame manner, whatever a ervant is permitted to do in the uual coure of his buines, is equivalent to a general command. If I pay money to a banker's ervant, the banker is anwerable for it: if I pay it to a clergyman's or a phyician's ervant, whoe uual buines it is not to receive money for his mater, and he imbezzles it, I mut pay it over again. If a teward lets a leae of a farm, without the owner's knowlege, the owner mut tand to the bargain; for this is the teward's buines. A wife, a friend, a relation, that ue to tranact buines for a man, are quoad hoc his ervants; and the principal mut anwer for their conduct: for the law implies, that they act under a general command; and, without uch a doctrine as this, no mutual intercoure between man and man could ubit with any tolerable convenience. If I uually deal with a trademan by myelf, or contantly pay him ready money, I am not anwerable for what my ervant takes up upon trut; for here is no implied order to the trademan to trut my ervant: but if I uually end him upon trut, or ometimes on trut and ometimes with ready money, I am anwerable for all he takes up; for the trademan cannot poibly ditinguih when he comes by my order, and when upon his own authority. Rh