1884 .] 
AMERICA]:^ AGRICULTURIST. 
369 
the salt-water farmers within hail to the work, 
and in some sections an extra allowance of the 
gains of the fishery is given as a prize to the dis¬ 
coverer. The discoveries are by no means always 
accidental. When the season in which the fish 
“ run ” is at hand, the farmers begin to find time 
from day to day to drop down to the beach and 
survey the water. An hour snatched from labor 
on the farm now and then, keeps one or another 
on the watch from dawn until dark, and it is a 
lucky school of fish indeed which can escape the 
watch, unless it is so far off shore that the im¬ 
pression its movement makes on the water cannot 
be seen. Eternal vigilance and eternal labor are the 
sea-farmer’s lot, for the earth and sea must both be 
worked to make his existence comfortable. But it 
is a hardy life, and produces such men as one rare¬ 
ly sees in the restricted atmosphere of towns or 
on the fertile prairie, men with whom truth, 
frugality, and virtue are native, and whose hearts 
are as sound as the muscles which drive the plow¬ 
share deep, and pull the oar steadily and long. 
Law For Farmers—Hiring Farm Help. 
II. A. IIAIGH. 
The law governing the relation of master and 
servant is of mucli importance to farmers, for one 
of their most perplexing duties, out of which arises 
oftentimes most serious liabilities, is that of pro¬ 
curing and keeping necessary farm help. 
Contract of Hiring.— The relation of master 
and servant always arises out of a contract, either 
express or implied, and the capacity of the parties 
to make a binding contract often determines their 
respective rights. Where a farmer hires a man for a 
definite term of service, and for a definite rate of 
wages, to do a specified kind of work, the contract 
is express. But where the farmer simply requests 
the man to work for him, and nothing is said 
about the time or pay, or where the relation of 
employer and employe is formed without a full 
and definite understanding, the contract is implied. 
a definite time, both parties are bound by it until 
the time expires. The employer must furnish 
work, and the employe must labor to the end. If 
the master discharges the workman without legal 
cause before the time expires, the workman will 
be entitled to his wages up to the time of his dis¬ 
It is difficult to state concisely what under all cir¬ 
cumstances will amount to a legal cause for doing 
each of these things, but briefly it maybe said that 
if the employer does not treat the workman hu¬ 
manely, does not employ him reasonably and in 
lawful pursuits, if he subjects him to perils and 
THE SHORE FARJIER’s HUT .—Drawn and Engraved for the American Agriculturist. 
charge, and also such damages as he has suffered 
by being thrown out of his job. These damages 
will probably be tlic amount of the wages up to 
the end of the time of hiring, less what the work¬ 
man has earned or might have earned at other em¬ 
ployment. If the workman leaves without legal 
cause before his time is up, the great weight of 
authority is that he is not entitled to any compen¬ 
sation for the time that he has worked, thougli 
AT THE BOILER, AND SPINNING THE YARNS .—Drawn and Engraved for the American AffricuUurlst. 
and its lacking terms or conditions must be sup¬ 
plied by law. A contract of hiring for one year or 
less, need not be in writing. If for more than a 
year, it is not binding unless in writing, and either 
party can terminate the agreement at pleasure. 
Express Contracts. —Where the hiring is for 
several highly respectable Courts have held that 
under such circumstances he has the right to the 
wages due him up to the time of leaving, less the 
damages occasioned to his employer by his leaving. 
The question as to what is a legal cause for dis¬ 
charging and for leaving thus becomes important. 
dangers not incident to the employment for -which 
he hired, or places him under immoral influences, 
or fails to furnish him suitable lodging or whole¬ 
some food, then the servant is justified in leaving. 
If on the other hand the servant fails to faitlifully 
serve the master, or to obey his reasonable com¬ 
mands, or to treat him respectfully, or to discharge 
his duties honestly and with ordinary care, or if he 
is found not to possess the requisite skill to per¬ 
form sendee for which he hired, then the master 
has legal cause for discharging him. If the servant 
is prevented from completing his contract by sick¬ 
ness, or death, or by being discharged—rightfully 
or otherwise—he is entitled to reasonable compen¬ 
sation for -ndiat lie has actually done. 
If the hiring is for a definite time, and the rate 
of wages is at so much a day, W'eek, or month, but 
nothing is said about the time of payment, the 
wages are not due until the end of the term, un¬ 
less there is a general or special custom to the 
contrary. When the wages are to be paid monthly 
or quarterly, or at other stated periods, a failure 
on the part of the employer to pay at such time, 
is good cause for the employe’s leaving, and he 
may, if he chooses, abandon the service of the 
one who does not pay and recover the amount due. 
Implied Contracts. —Where services are ren¬ 
dered at the request of the employer, but no 
promise is made by him as to what wages he will 
pay, the law implies a promise on his part to pay 
the ‘-going” rate of wages for that kind of ser¬ 
vice, but if the work is of a kind of which no cur¬ 
rent rate exists, then the employe is entitled to 
■what the work done is reasonably worth. If noth¬ 
ing is said or implied concerning the time of ser¬ 
vice either party may terminate the relation when¬ 
ever he chooses without any liability to the other 
for any damage so caused. Where services are 
rendered without any request for them, but under 
such circumstances as'lead the workman to expect 
pay for them, or if the person for whom the services 
are rendered has reason to believe that the per¬ 
son rendering them expects pay for them, and he 
allows the workman in either case to labor under 
that expectation, the law will imply a promise to 
pay what the services are reasonably worth. A 
man cannot continue to accept services for which 
pay is expected, and then avoid paying for them. 
Silence under those circumstances will amount 
to a consent to pay. A man is never obliged 
to pay for services that are obtruded upon him. 
