between the meaning of these two terms, it would appear that the former was limited to domestic

if the person is discharged without fault within ten days, he can recover five-sixths of the sum paid to the keeper, and this act must be printed on the licenses.

In Minnesota and Colorado it is provided that no person shall engage in the business of keeping an employment bureau or office, or agency for the purpose of hiring men to work for others, and receiving compensation therefor, without having obtained a license, under penalty of misdemeanor, and such license is granted upon payment of one hundred dollars, and filing a bond conditioned for the payment of any damage which any person secured or engaged to labor for others by the keeper of the office may sustain by reason of any fraud or misrepresentation on the part of such keeper; and if any person hiring to work for others by such keeper fails to get employment according to the terms of the contract by reason of any unauthorized act, fraud, or misrepresentation on the part of the office keeper, he may bring an action upon said bond and recover full damages.

In Louisiana a permit from the mayor and a $5,000 bond to answer for frauds, misrepresentations, etc., is required. In New Jersey the council of a city may require a bond and fix the compensation.

In Maine the keeper of an intelligence office shall not retain any sum above one dollar, or any sum whatever (?), from a person seeking employment, unless employment of the kind sought for is actually furnished; and licenses are required.

The intelligence office law applying to New York state provides in substance that keepers must be registered and procure a license, under penalty, which license shall only be granted to persons of good general character by the mayor, and may be revoked if the keeper charge a fee for obtaining a situation, when no such situation was, in fact, open, unless

service, the latter to general employment. There is provision in a few states for the regulation and licensing of employment agencies and intelligence offices, usually in cities only.

he refund to the person seeking employment his fares paid in going to and returning from the place of the supposed situation. The keeper must give a receipt for any fees, stating the amount, and the character of the employment they agree to procure, specifying the time in which it is to be furnished, and, in case of failure so to furnish employment, shall refund the full amount of the fee. These provisions of law must be printed on the back of every receipt given for the fees. And for any breach of the law the license may be revoked. The mayor issues licenses yearly, and may require a bond for the faithful observance of these provisions.

In Missouri, "Every person who shall agree or promise, or who shall advertise through the public press, or by letter, to furnish employment or situations to any person or persons, and, in pursuance of such advertisement, agreement, or promise, shall receive any money, personal property, or other valuable thing whatsoever, and who shall fail to procure for such person or persons acceptable situations or employment within the time stated, or, if no time be specified, then within a reasonable time thereafter, and who shall fail or refuse to return the money, personal property, or other valuable things so obtained, when the same shall have been demanded by such person or persons, shall be guilty of a misdemeanor."

And in Colorado, if any person keeping an intelligence office gives false information, or makes false promises, or charges a greater sum than is provided for in the city ordinances, he is guilty of a misdemeanor, and the persons injured by such false representation may sue upon his bond.

State employment bureaus, or free town and city bureaus, have recently been provided in a few states. See Mon. Pol. C., 765.

CHAPTER VI

OTHER LEGAL RIGHTS AND LIABILITIES OF MASTER AND SERVANT

§ 48. As to Third Persons.-By the common law the master or employer is liable to third persons for any acts or defaults of his servant or servants causing injury to such third persons for which they might recover if done or caused by the master himself, provided only that such acts, if acts, were performed by the servant in or about the execution of his master's business. The common law in this particular has been left untouched by modern statutes in the United States, with the exception that the states have generally passed acts extending the liability of railroads or other common carriers to cases where third persons have been killed by their negligence or default, the default or incompetency of their servants, or the defective nature of their machinery or appliances. Recovery in cases of death is, however, frequently limited to five thousand dollars, or a similar sum, and it may commonly be sued for by the executors, administrators, or widow or heirs of the person deceased.

$49. Liabilities of Servant to Master.-In this particular the law has not been extended in modern times,' and on the contrary the old doc

1 The new western codes alone attempt to define the common law on this point, as follows:

One who, for a good consideration, agrees to serve another must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed.

An employee must substantially comply with all the directions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.

An employee must perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so.

An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill.

An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified.

Everything which an employee acquires by virtue of his employment, except the compensation, if any, which is due to him from his employers, belongs to the latter, whether acquired lawfhlly or unlawfully, or during or after the expiration of the term of his employment.

An employee must, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account.

An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is

trine of petit treason, which made a servant in certain cases liable to extraordinary penalties

not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.

An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, must always give the latter the preference. Cal. Civ. C., 1978, 1981-1988; Mon. Civ. C., 2673, 2676-2683.

An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.

An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered.

Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor must act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. Cal. Civ. C., 1989-1991; Mon. Civ. C., 2684-2686.

Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of:

1. The death of the employer; or,

2. His legal incapacity to contract. Every employment is terminated :

1. By the expiration of its appointed term;

2. By the extinction of its subject;

3. By the death of the employee; or,

4. By his legal incapacity to act as such.

An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without