A yearly servant cannot leave his place, nor be discharged, without a quarter’s warning, or wages, under the penalty of 40s.
If a servant be hired for a year certain, or for any indefinite time, which is construed in law, to be for a year, his master cannot discharge him either before, or at the end of the term, nor afterwards, without giving a quarter of a year’s previous warning, before a witness;—unless for some cause which shall be deemed sufficient by a magistrate, under the forfeiture of 40s.
And, as a master cannot discharge a yearly servant without a quarter’s warning, given previous to the expiration of the year; neither can a servant leave his place without a similar notice, under pain of imprisonment, and of losing all his wages.
A servant leaving his place without giving regular notice, or neglecting his master’s business, or disobeying his orders, (which is considered as a departure from his service,) or being guilty of any other misconduct, may be punished by three months’ imprisonment, or in lieu thereof, with the loss of a part or the whole of his wages, at the discretion of a justice.
The Parties may part by mutual consent.
A master and his servant may part by mutual consent, without any forfeiture on either part;—or, for a cause to be allowed by a justice.
A Servant may be discharged for any moral Crime.
If a servant be guilty of any moral infamy whilst in his master’s service, he may discharge him without application to a justice.
Also, if he be taken into custody for any offence, and legally detained, so that he cannot attend to his duties, the master is authorized to discharge him. But, if the offence of which the servant is accused was committed before the time of hiring, the master cannot discharge him without the order of a justice.
A yearly Servant cannot be discharged for any act of God.