or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the workman for the purposes of, and in connection with, his employer's trade or business. Compensation is not payable when it is proved that the injury was attributable to the workman's 'serious and wilful misconduct'; but the employer cannot escape liability on this ground in cases where the injury to the workman results in death or in serious and permanent disablement.

Where death results from the injury the compensation is a lump sum payable to the dependants of the workman. Dependants' are such of the members of the workman's family (wife or husband, parent or grandparent, step-father, step-mother, son, daughter, grandchild, step-son, step-daughter, brother, sister, half-brother, half-sister) as were wholly or in part dependent upon the earnings of the workman at the time of his death or would, but for the incapacity due to the accident, have been so dependent. Where the workman, being the parent or grandparent of an illegitimate child, leaves such child so dependent on his earnings or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, the word 'dependant' includes such illegitimate child and such parent or grandparent respectively. If the deceased workman leaves dependants who were wholly dependent upon him, the lump sum payable is an amount equalling 156 times his average weekly wages; but in no case more than £300 or less than £200. If he leaves dependants who were partially dependent the compensation is assessed according to the extent to which they were dependent upon him. Where the injury does not result in death, but in total or partial incapacity for work, the compensation is a weekly payment during the incapacity. The maximum weekly payment in case of disablement was, by the Act of 1923, increased to thirty shillings. In cases of total incapacity the weekly payment is an amount not exceeding 50 per cont. of the workman's average weekly earnings; but if that amount is less than twenty-five shillings a week the workman is entitled to a weekly addition, on a scale prescribed by the Act, which is treated as if it were part of the weekly pay. ment. In cases of partial incapacity the Act of 1923 abolished the former discretionary power of the arbitrator to award such part of the difference between pre-accident and post-accident earnings as he might think proper, and has reduced the assessment of compensation to an arithmetical calculation. The main factors on which this calculation is based are the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident. In ascertaining the compensation regard must be had to any payment, allowance, or benefit which the workman may receive from his employer during the period of his incapacity. Any weekly payment can be reviewed at the request either of the employer or workman, and, on such review, may, where a change of circumstances has occurred, be ended, diminished, or, subject to the maximum, increased.

Notice of the accident must-except in certain circumstances when the giving of notice is excused— be given to the employer as soon as practicable after the accident has happened and before the workman voluntarily leaves the employment in which he was injured. Under the Act of 1923 the notice may be given either in writing or orally. The notice must contain the name and address of the injured person, the cause of the injury, and the date of the accident. A claim for compensation has to be made within six months from the occur

81

rence of the accident, or, in case of death, within six months from the time of death. The claim need not be made in any formal manner, but must be made in some definite form. A mere notice of accident is not a claim. A workman who has given notice of an accident must, if so required by the employer, submit himself for examination by a duly qualified medical man provided and paid for by the employer. So also where a workman is in receipt of a weekly payment the employer is entitled to require him from time to time to submit himself for medical examination. Where a weekly payment has been continued for not less than six months it may, on application by the employer, be redeemed by payment of a lump sum. The Act of 1923, sect. 24 (7), contains special provisions applicable to the case where the injured workman is under twenty-one years of age at the date when the application for redemption is made.

Any question arising as to liability to pay compensation or as to the amount or duration of compensation may be settled either by agreement or by arbitration under the Acts. An agreement may be made orally or in writing, or may be implied from the actions of the parties. A memorandum of the agreement should be sent to the registrar of the county court, or, in Scotland, to the sheriff clerk, who on being satisfied as to its genuineness must record it, whereupon it is for all purposes enforceable as a county court judgment or, in Scotland, as a sheriff court decree. In England arbitrations under the Acts usually take place before the county court judge or some person appointed by him. Under the Act of 1923, sect. 11 (3), the judge may in any case, if he thinks fit, and must, if either party so requires and gives security for the prescribed fee, summon a medical referee to sit with him as assessor. An appeal lies to the Court of Appeal and thence to the House of Lords from the decision of a county court judge on any question of law. In Scotland an appeal lies from the arbitrator-the sheriff-by stated case on a question of law to the Court of Session and thence to the House of Lords.

Where the injury is so caused as to give the workman a right to damages against the employer at common law or under the Employers' Liability Act, 1880, he may, at his option, either claim compensation under the Workmen's Compensation Acts or bring an action for damages. The workman is put to his election to take the one course or the other. Under the Act of 1923, sect. 18, however, the workman, provided he brings the action for damages within six months from the occurrence of the accident causing the injury, is entitled, if it be held in such action that the injury is one for which the employer is not liable in damages, to ask the court which determines that action to award him compensation under the Workmen's Compensation Acts, subject to the deduction of costs caused by his bringing the action for damages instead of taking arbitration proceedings. Where the injury is so caused as to give the workman a right to damages against a third person, he can both bring an action for damages against that third person and claim compensation from the employer, but he cannot recover damages from the third party and also compensation from his employer in respect of the same injury.

Disputes arising out of contracts of service have long been the subject of statutory regulation. For many centuries the justices of the peace exercised, under various statutes, important functions in the determination of such disputes. The Conspiracy and Protection of Property Act, 1875 (38 and 39 Vict. chap. 86), repealed the Master and Servant Act, 1867, and other statutes under which the justices were empowered to inflict fine and imprisonment in

82

case of breach of contract or other misconduct. That statute makes the wilful and malicious breach of a contract of service an offence punishable with fine or imprisonment in only two cases: (1) where the person in breach knows or has reasonable cause to believe that the probable consequences of his breach of contract will be to endanger human life or cause serious bodily injury, or to expose valuable property to destruction or serious injury; and (2) where the person in breach is employed in the supply of gas or water. (For the law as to combinations of workmen or of masters, see COMBINATION, CONSPIRACY, TRADE UNIONS.) In disputes between an employer and a workman a county court, or, in Scotland, the sheriff court, possesses, under the Employers and Workmen Act, 1875 (38 and 39 Vict. chap. 90), a special statutory jurisdiction to adjust and set off the one against the other all claims on the part either of the employer or of the workman arising out of the employment, and, in cases of breach of contract, to take security for the performance of the contract in lieu of awarding damages. The powers thus conferred by the Act on a county court may, in cases where the amount claimed does not exceed £10, be exercised by a court of summary jurisdiction-the justices, in relation to any such dispute, being deemed to be a court of civil jurisdiction. The expression work. man,' as defined in this Act, does not include a domestic or menial servant but, subject to that exclusion, extends to any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour,' has entered into or works under a contract with an employer, whether the contract be a contract of service or a contract personally to execute any work or labour. The Conciliation Act, 1896 (59 and 60 Vict. chap. 30), was passed with the view of preventing disputes through the establishment of conciliation boards representing both employers and workmen. Provision is made under this Act and a subsequent Act passed in 1916 for the registration of such boards at the Ministry of Labour, and for the intervention of the Ministry of Labour itself in order to bring about the amicable settlement of trade disputes. The Industrial Courts Act, 1919, established a permanent industrial court, consisting of persons appointed by the Minister of Labour, to which trade disputes may be referred for settlement, and also made provision for the setting up of courts of inquiry into the causes and circum stances of any actual or apprehended trade dispute. The Act does not bring into operation any principle of compulsory arbitration, as the consent of both parties to an industrial dispute must precede any reference to the industrial court. But such consent is not required for the purpose of setting up a court of inquiry into the causes and circumstances of a dispute.

In recent years parliament has intervened to secure payment of minimum rates of wages in certain industrial employments. Under the Coal Mines (Minimum Wage) Act, 1912, it is an implied term of every contract for the employment of a workman underground in a coal mine that the employer shall pay to that workman wages at not less than the minimum rate settled by the joint district boards appointed for that purpose in the various districts concerned and applicable to that workman. The district boards are also entrusted with the duty of making district rules regarding the exclusion from the right to wages at the minimum rate of aged and infirm workmen and of workmen who fail to comply with conditions as to regularity and efficiency of work. Again, under the Trade Boards Acts, 1909 and 1918, trade boards, on which both employers and

workers are represented, have been established for the purpose of fixing minimum rates of wages for both time-work and piece-work in certain trades. Trade boards were first instituted in 1909 pursuant to the Act of that year, which was passed as a result of the inquiries into the conditions existing in a number of industries. In 1916 the Ministry of Labour was made the central authority. Trade boards are established not only in the trades specified in the Acts but also in other trades to which the Acts have been applied from time to time, as provided in the Act of 1918, by special order of the Minister of Labour on his being satisfied that no adequate machinery exists for regulating wages throughout the trade. After rates have been fixed by a trade board and made obligatory by order of the Ministry of Labour an employer is punishable for employing any persons at wages lower than the rates so fixed. The rates fixed by a trade board may be fixed so as to apply universally to the trade, or so as to apply to any special process in the work of the trade, or to any special class of workers in the trade, or to any special area. (As to statutory provisions regulating working conditions, see FACTORY AND WORKSHOPS ACTS, MINING.) The statutory regulations with respect to contracts of sea service are contained in the Merchant Shipping Acts.

In Scotland the relation of master and servant is constituted by a contract, locatio conductio operarum, in which the one party hires the services of the other in a particular capacity. A contract locatio conductio operis, in which a person undertakes for a consideration to do a particular job or perform a specific service for another, does not subject the person undertaking the work to the order and control of the other as to the manner in which he shall do his work and does not create the relation of master and servant. The rules of Scots law regulating the control of service are, generally speaking, substantially similar to those of English law, and the modern statutes affecting the incidents. of such a contract apply to both countries. A contract of service for not more than a year may be constituted by verbal agreement and proved by parole evidence. A contract of service for more than a year is not binding unless it is constituted by a writing probative of both parties. If the period of service is not expressed in the contract, certain presumptions, applicable to ordinary classes of service, arise in regard to the duration of the engagement. Thus domestic servants are presumed to be hired by the half-year, beginning at Martinmas or Whitsunday, and farm servants and gamekeepers by the year; but these presumptions. yield to proof of a contrary intention, regard being had to the circumstances of the case and the custom of the district in respect of the particular kind of service. Under the Removal Terms (Scotland) Act, 1886 (53 and 54 Vict. chap. 36), where a servant is hired by the year or half-year commencing or expiring at one or other of the terms of Whitsunday or Martinmas, he, in the absence of express stipulation to the contrary, is bound to enter upon or quit the service on 28th May or 28th November at noon, or on the following day at noon when the term falls on a Sunday. In the case of those classes of servants-agricultural, domestic, and the like-who are customarily hired by the year or half-year, the engagement, if at the expiry of the period no other arrangement is made by the parties, is held to be renewed by tacit relocation for another period of the same duration. In order to prevent the operation of tacit relocation it is necessary that notice or warning be given by the master to the servant or by the servant to the master forty days before the term. The notice or warning may be express or may be implied from words or acts

MASTER OF ARTS

plainly indicating that the contract is to come to an end. In the case of other servants, where there exists no stipulation or custom in the employment as to the length of notice, reasonable notice must be given. The wages of labourers, farm servants, manufacturers, artificers, and work-people were, by statute (33 and 34 Vict. chap. 63), declared free from any arrestment unless in so far as they exceed twenty shillings a week, or unless the arrestment is in virtue of a decree for aliment or for rates and taxes, and sets forth the nature of the debt; and by the Small Debt (Scotland) Act, 1924 (14 and 15 Geo.

5, chap. 16, sect. 2), the limit was raised to thirtyfive shillings a week. Servants' wages fall within the triennial prescription (see DEBT) unless in cases where the debt or action for wages is founded on a written obligation. The prescription applies to the wages of any kind of servant. The three years are reckoned from the date when the wages fell due, each term's wages running a separate prescription. The effect of the triennial prescription is not to extinguish the debt but to alter the onus of proof and limit the mode of proof. When the prescription has run the creditor must prove not only that the debt was incurred but that, three years afterwards, it was still resting owing, and he is limited to proof by the writing or the oath of the debtor.

The system of National Health Insurance and Unemployment Insurance, established by recent statutes, is dealt with sub voce INSURANCE.

On English Law of Master and Servant, see C. Manley Smith (London, 7th ed. 1922); J. Macdonell (2d ed. 1908); on Scots Law of Master and Servant, Fraser (3d ed. 1882); Umpherston (1904); on Workmen's Compensation Acts, W. A. Willis (23d ed. 1925); Elliott (8th ed. 1925, by Berryman); on Employers' Liability to their Servants, Dawbarn (4th ed. 1911); Slesser and Henderson, Industrial Law (ed. 1924).

Reference is made to the following articles :

Master of Arts (abbreviated M. A., and sometimes, particularly in America, A. M.) is a degree conferred by universities and some colleges. In the universities of England this title follows that of Bachelor (q.v.). The dignity of Master (Magister artium liberalium) was held in high esteem in the middle ages. In Germany it is now obsolete, having been superseded by that of doctor. A Master has the right to vote in congregation or convocation at Oxford, and in the senate at Cambridge, and consequently enjoys the university franchise; in the Scottish universities Masters (there are no Bachelors of Arts) are members of the General Council, and as such elect the parliamentary representatives for the university. See DEGREES.

Master of Ceremonies, of the Rolls, &c. See CEREMONIES, ROLLS, &c.

Masters, EDGAR LEE, American author, was born at Garnett, Kausas, in 1869, and admitted to the bar in 1891. In 1898 he published A Book of Verses. 1905 saw the issue of Blood of the Prophets, and 1907 and 1908 two plays, Althea and The Trifler. Spoon River Anthology (1915), by which he is chiefly known, is a collection of clever satirical verse epitaphs on (and professedly by) the dear departed' of a small middle western town. Later work, as Starved Rock (1919), Domesday Book (1921), and Children of the Market Place (1923), has not gained the same popular appreciation. Masterwort (Peucedanum Ostruthium), perennial herb of the natural order Umbelliferæ. It is a native of Europe, and is found in moist pastures in some parts of Britain, but apparently naturalised rather than indigenous, its root having formerly been much cultivated as a pot-herb, and held in great repute as a stomachic, sudorific,

а

diuretic, &c. The root has a pungent taste, causes a flow of saliva and a sensation of warmth in the mouth, and often affords relief in toothache. Astrantia major, a herb belonging to the same natural order and having similar properties, is also named Masterwort.

Mastic, a species of gum-resin yielded by the Mastic or Lentisk tree (Pistacia Lentiscus, natural order Anacardiaceae). It oozes from cuts made in the bark, and hardens on the stem in small round tear-like lumps of a light straw colour, or, if not it acquires some impurities. Its chief use is in collected in time, it falls on the ground, where making the almost colourless varnish for prints, maps, drawings, &c. It is also used by dentists. for stopping hollow teeth, and was formerly employed in medicine. The chief source the island of Chios, where a particular variety of the tree has been cultivated for about 1000 years.-The name of mastic is also given to oleaginous cements, composed of about 7 parts of litharge and 93 of burned clay, reduced to fine powder, made into a paste with linseed oil.

18

Mastiff. The characteristics of the mastiff group of dogs are very marked and constant. One variety of the breed has been known from ancient times as the English, another as the Bordeaux or mastiff of Gaul. These may be classed as the European, while another kind is the Asiatic, of which the Tibetan is perhaps the most typical. No group of domestic dogs has more appearance of being an original and distinct species, although the English mastiff has been crossed and recrossed from time to time, principally with the object of increasing the size; and, while the blood of the Asiatic variety was very probably introduced at an early date, subsequently crosses. with the Alpine mastiff, the St Bernard, the boarhound, and the bulldog have undoubtedly been introduced, and the modern English mastiff must be regarded as a composite breed.

The English mastiff is thick-set and powerful, with a large head and broad, short, truncated muzzle, large, thick, pendulous lips, ears formerly often semi-erect, now hanging and of moderate size, smooth-coated, with frequently a full but not bushy tail. This variety formerly averaged from 25 to 28 inches at the shoulder, but since the middle of the 19th century, owing to repeated crossing and selection, an average of from 30 to 32 inches has been obtained, perhaps somewhat to the loss of muscular power and activity. The colours are all shades of fawn, tan, and black, with and without mixture of white. Formerly red and brindle were the commonest colours, but owing to selection fawn in all shades is now the most prevalent, with the muzzle, ears, and other extremities shaded with darker (often black) markings.

The mastiff was formerly very courageous, and would readily attack the lion or bear; now it is chiefly valued for exhibition purposes. As a companion or watch-dog no other variety equals it, for, while faithfully protecting the property entrusted to it (at times with marvellous sagacity and discrimination), it has the additional merit of generally refraining from the infliction of personal injury on the invader. It becomes ardently attached to its master, although not demonstratively affectionate. It has an excellent nose, but is of little or no use for sporting purposes, and dull at learning any kind of tricks.

The mastiff of Tibet was larger than the old English, but is smaller than the modern English mastiff, averaging from 27 to 30 inches at shoulder. The head is longer, narrower, and more elevated at the back or cone, the skin much looser, and forming a fold from the eyebrows which descends.

to the lips, these being more pendulous than in the English variety, and partaking more of the character of the bloodhound. The hair is rough and dense, the tail bushy and curled generally over the back, colour mostly black, with tan or fawn shadings over the eyes, on the paws, and under the belly; but fawn-coloured specimens are not uncommon. Dogs of this kind are found in Nepal, Bhutan, Tibet, Mongolia, and probably northward through Russia and Siberia, in a state of more or less purity; and dogs presenting the characteristics of the Asiatic mastiff and of vast size appear to have existed since the days of the Assyrian empire, 650 B.C. See the Rev. M. B. Wynn's History of

the Mastiff (1886).

Mastodon, a genus of extinct elephants, whose remains are found in Europe, Asia, and America, in Miocene, Pliocene, and Pleistocene strata. They equalled or excelled their modern relatives in size. The name mastodon refers to the mammillary cusps or teat-like prominences on the molar teeth. See ELEPHANT.

Masûdi, ABUL HASSAN ALI, an Arab traveller and author (died 957), was born at Bagdad about the end of the 9th century, and spent great part of his life in travel, visiting Egypt, Palestine, the Caspian shores, India, Ceylon, Madagascar, and perhaps even China. His chief works are the Annals; The Meadows of Gold, printed with a French translation by Meynard in 1861-77 (one vol. of an English translation by Sprenger in 1841);

and the Indicator (1894).

Masulipatam', the principal seaport of Kistna district in the Presidency of Madras, lies 215 miles N. of Madras City. Vessels anchor 5 miles from shore. Here the English established an agency in 1611, and after 1628 it became the centre of their trade in those parts. Since 1841 the town has been an active missionary centre. In 1864 a stormwave destroyed 30,000 lives. Pop. (1881) 35,056; (1921) 43,940, many of whom weave cottons.

Masuri, or MUSSOORIE, a hill-station and sanitorium in Dehra Dún district, United Provinces, and practically one town with Landaur (q.v.). It contains numerous schools for the education of

European and Anglo-Indian children. Pop. 8000,

more than doubled in the hot season.

Masurians, MASOVIANS, or MAZOVIANS, & Polish (or closely kindred) people inhabiting the south of East Prussia ('Masurenland') and the adjacent parts of Poland (q.v. for the medieval duchy of Mazovia, which included Warsaw). In the East Prussian region the townsmen are German, and the whole so far germanised and Protestant as to vote almost unanimously for German nationality in 1921. There is a maze of great lakes (Spirdingsee, Löwentinsee, Mauersee, &c.). See TANNENBERG, WAR (GREAT). Polish Mazovia is Roman Catholic. Masurium, an element of atomic number 43, whose discovery by Dr Nonnack and Frl. Tacke was announced in 1925.

Matabeleland, a country stretching northwards from the Limpopo River, which separates it from the Transvaal, and having Khama's territory on the south-west. It measures about 180 miles from north to south and 150 from east to west, and embraces the watershed between the Zambezi and Limpopo systems. The Matabele, the inhabitants of the country, are a warlike Zulu people of mixed stock, who, driven out of the Transvaal by the Boers in 1837, crossed the Limpopo under their chief Mosilikatze. After remaining for a while in what is now the Transvaal they finally settled in 1840 beyond the granitic Matoppo Mountains, subduing and almost exterminating the peoples they found there-the Mashona (see

MATCHES

the

MASHONALAND), and the closely allied Makalaka and Banyai, the first now occupying the mountain fastnesses in the northern part of the country, the second now dwelling south-east of the Makalaka, along the middle course of the Limpopo. In 1890 the country was handed over to the Imperial British South Africa Company, who, as Matabele renewed their raids and forays in July and August 1893, organised an expedition in three columns supported by some regular British troops and by Khama and his Bamangwato, against King Lobengula, the son of Mosilikatze. The expedition, which advanced on 2d October, was completely successful against the savage warriors, who could not stand before the Maxim guns, and, after some sharp fighting, broke up their military organisation. Lobengula died in hiding in Feb. ruary 1894. Soon after the Jameson Raid into the Transvaal (at New Year 1896) the Matabele seized the opportunity of reasserting their independence; the native armed police mutined, and Bulawayo, the capital, was blockaded. The British South Africa Company, its officers, and settlers strained every nerve, and had practically pacified the country of warriors are now herdsmen and agriculturists. by the end of the year. The Matabele in place Quartz reefs rich in gold exist in various parts of the country. Matabeleland, with Mashonaland, now forms Southern Rhodesia. See RHODESIA.

Matadi, a river-port of Belgian Congo, on the left bank of the Congo, about 100 miles from its mouth, is the starting-point of the railway to Stanley Pool (250 miles).

Matanzas, a fortified town and seaport of north Cuba, 47 miles E. of Havana. It is a wellbuilt town, situated in an exceedingly rich and fertile district; has a cathedral, a castle, an excellent harbour, a large trade in sugar, molasses, rum, and cigars; and contains several distilleries, celebrated white limestone caves of Belamar and iron-foundries, petroleum and other works. The the beautiful Yumuri valley are near. Pop. 45,000. and precipitous, of the Morea in Greece, 36° 22′ N. lat. Matapan, CAPE, the southernmost point, bold

Mataró, a seaport of Spain, 20 miles NE. of Barcelona, has cotton, sailcloth, glass, and machinery factories, iron-foundries, and shipbuilding-yards, besides a marine school; pop. 28,000.

Matches, the name now given to splints of wood tipped with some composition (often containing phosphorus) to produce a light by friction. These came into general use about the year 1834. Before that the common light producer was the flint and steel along with a tinder-box. The tinder (charred cotton) was set on fire by sparks from the lint and steel, but did not burst into flame. For devices formerly employed were the burning glass more primitive methods see FIRE. Among other (see DOBEREINER); the oxymuriate match, a splint (see HEAT, LENSES, Mirror); Döbereiner's lamp tipped with a mixture of chlorate of potash and sugar, which took fire on contact with sulphuric acid; and the lucifer match, which was tipped with a paste containing chlorate of potash and sulphide of antimony that ignited when drawn across sand-paper-it required to be rubbed with a good deal of pressure, and as it gave off sparks it was not free from danger. The introduction of phosphorus in 1834 was a great improvement, and of red phosphorus a greater.

The chief operations in the manufacture of matches embrace (1) cutting the wood splints, (2) immersing the splints in melted paraffin, and (3) preparing the igniting composition and dipping the splints into it. There is also the making of the boxes, which, in the case of safety. matches, have the phosphorus composition glued