MAS 



MAS 



stances, deemed acts of the master; and 

 he is answerable for them when they are 

 pursuant to his authority. 



If a servant commit an act of trespass 

 by command or encouragement of his 

 master, the master will be answerable. 

 But in so doing his servant is not excus- 

 ed, as he is bound to obey the master in 

 such things only as are honest and law- 

 ful. 



If a servant of an innkeeper rob his 

 master's guest, the master is bound to 

 make good the loss. Also, if a waiter at 

 an inn sell a man bad wine, by which his 

 health is impaired, an action will lie 

 against the master : for his permitting him 

 to sell it to any person is deemed ?n im- 

 plied general command. In like manner, 

 if a servant be frequently permitted to do 

 a thing by the tacit consent of his mas- 

 ter, the master will be liable, as such 

 permission is equivalent to a general com- 

 mand. 



If a servant is usually sent upon trust 

 with any tradesman, and he takes goods 

 in the name of his master upon his own 

 account, the master must pay for them. 

 And, also, if he is sent sometimes on trust, 

 and at other times with money. But if a 

 man usually deals with his tradesmen 

 himself, or constantly pays them ready 

 money, he is not answerable for what his 

 servant may take up in his name ; for in 

 this case there is not, as in the other, any 

 implied order to trust him. 



So it is if the master never had any per- 

 sonal dealings with the tradesman, but 

 the contracts have always been between 

 the servant and the tradesman, and the 

 master has regularly given his servant 

 money for payment of every thing had on 

 his account, the master shall not be charg- 

 ed. Or if a person forbid his tradesman 

 to trust his servant on his account, and he 

 continues to purchase upon credit, he is 

 not liable. 



The act of a servant, though he has 

 quitted his master's service, has been held 

 to be binding upon the master, by reason 

 of the former credit given him on his mas- 

 ter's account, and its not being known 

 to the party trusting that he was discharg- 

 ed. 



The master is also answerable for any 

 injury arising by the fault or neglect of 

 his servant when executing his master's 

 business. But if there be no neglect or 

 default in the servant, the master is not 

 liable. 



If a smith's servant lame a horse whilst 

 shoeing him, or the servant of a surgeon 

 make a wound worse, an action for dama- 



VOL. IV. 



ges will lie against the master, and not 

 against the servant. But the damage 

 must be done whilst the servant is actu- 

 ally employed in his master's service, 

 otherwise he is liable to answer for his 

 own misbehaviour or neglect. 



A master is likewise chargeable, if his 

 servant cast any dirt, &c. out of the house 

 into the common street ; and so for any 

 other nuisance occasioned by his servants, 

 to the damage or annoyance of any indi- 

 vidual, or the common nuisance of his 

 majesty's subjects. 



A servant is not answerable to his mas- 

 ter for any loss which may happen with- 

 out his wilful neglect ; but if he be guilty 

 of fraud or gross negligence, an action, 

 will lie against him by his master. 



A master is not liable in trespass for 

 the wilful act of his servant, as by driving 

 his master's carriage against another, done 

 without the direction or assent of his mas- 

 ter, no person being in the carriage when 

 the act was done But he is liable to 

 answer for any damage arising to an- 

 other from the negligence or unskilful- 

 ness of his servant acting in his employ, 

 as for negligently driving against an- 

 other- 



MASTICATION, in medicine, the ac- 

 tion of chewing, or of agitating the solid 

 parts of our food between the teeth, by 

 means of the motion of the jaws, the 

 tongue, and the lips, whereby it is broken 

 into small pieces, impregnated with saliva, 

 and so fitted for deglutition and a more 

 easy digestion. 



MASTICH, in the materia medica, 

 when pure, is in the form of little round 

 drops, or tears, of a very pale amber ; a 

 piece recently broken is quite transpa- 

 rent, but by exposure to the air it becomes 

 somewhat inclining to the form of powder. 

 When slightly warmed, this resin has a 

 faint and rather pleasant odour, which 

 becomes stronger and more grateful when 

 it is melted. In its chemical properties, 

 mastich does not much differ from the 

 other resins. If it is digested in alcohol, 

 it is separated into two portions ; the one 

 soluble in the spirit, the other insoluble : 

 the former composes four-fifths of the 

 whole, and is pure resin ; the latter, in 

 most of its properties, closely resembles 

 caoutchouc. In Turkey, mastich is in 

 great request among women as a mastica- 

 tory ; and the produce of China is appro- 

 priated solely to the use of the Emperor's 

 seraglio. In other countries it is employ- 

 ed, medically, in fumigations; and by 

 painters and other artists, in the compo- 

 sition of the tougher kinds of varnishes. 



LI 



