LAW OF THE' FARM. 317 



going to and returning from military parades which, by law, they are required 

 to attend, and persons going to and returning from funerals; also farmers 

 and their employes, engaged in the business of the farm, in passing from one 

 part of the farm to another with teams and stock. It would not be a proper 

 thing to do for a farmer, under the pretense of going to or from a funeral, to 

 take a load of produce to market or go on some other expedition. In such 

 case he would be liable for toll, although he might be in a funeral procession ; 

 and if he were to make any false representations to induce the toll-keeper to 

 let him pass without payment, he would be liable to a penalty. 



Suppose a farmer has two farms several miles apart; can he travel from 

 one to the other on a gravel road without paying toll? I think not. 



LECTURE NUMBER FIFTEEN. 



THE FARMER AND HIS HIRED MAN. 



I have spoken of this matter on a former occasion, but shall do so now more 

 at length. There are certain relations which exist between the farmer and his 

 hired man which it is important to know. The relation is created by contract, 

 express or implied, usually by hiring. A general hiring, without any limita- 

 tion as to time, was construed by the common law as a hiring for a year. The 

 rule of the common law is modified by contract, by custom, by date and fre- 

 quency of payments, and by other circumstances. If you employ a man for 

 so much a month, a week, or day, without any time being specified it is ordi- 

 narily understood as an employment from month to month, week to week, or 

 day to day, as the case may be. 



The relation may be created by implication, without any express hiring, as 

 where a man volunteers to perform work for you. You see and know that he is 

 performing work for you, and make no objection. But there must bo knowl- 

 edge and recognition on your part in order to bind you. One can not, simply 

 by volunteering a service, compel you to pay for it. If you see a man perform- 

 ing services for you day after day, and make no objection, although no con- 

 tract or hiring is made, you will be expected to pay him what his services are 

 reasonably worth. A contract for services which are not to be performed 

 within a year is void, under the statute of frauds, unless in writing. 



If no definite period of employment is specified, the hired man may quit 

 Avhen he pleases, or be discharged at any time. The employment ceases when 

 the time expires, unless renewed by an express or implied agreem.ent. 



You may discharge your hired man for willful disobedience to your orders; 

 as when one was ordered to go on an errand just as dinner was ready, and 

 refused to go without his dinner ; also, where a harvest hand refused to work 

 without beer or whisky. You are also justified in discharging him for moral 

 misconduct, as for embezzlement, robbery, habitual drunkenness, fraudulent 

 conduct, betraying confidence, and the like. He may also be discharged for 

 wanton negligence, or palpable inefficiency, amounting to a breach of the 

 implied promise that he was competent to do what he was hired to do.. 



If you discharge him before his time expires, without cause, he may treat 

 the contract as continuing, and sue you for the breach; or he may treat the 

 bargain as rescinded, and recover for the services rendered. You hire a man 



