The acts of servants are, in most instances, deemed the acts of their masters. In fact, every man ought to transact his own business; and though by the indulgence of the law, he can delegate the power of acting for him to another, yet, it is with reason, that the acts of his substitute, being pursuant to his authority, should be considered as the acts of himself. It is, therefore, a rule of law, that whatever trespass a servant commits by the order, encouragement, or with the tacit consent of his master, the master shall be answerable for it. Generally, a master is responsible for all acts done by his servant in the course of his ordinary and proper business, even though he has given him no express commands. The master is also liable for any fault or neglect of his servant whilst executing his lawful commands. But, in all such inexcusable cases, the servant is punishable by the criminal laws, and is also liable to civil actions.
Servants not answerable but for wilful Neglect, or Fraud.
A servant cannot be made answerable to his master for any loss that may happen without his wilful neglect; but if he be guilty of fraud or gross negligence, an action will lie against him by his master. Therefore, if a master give money or other thing to a servant to carry to a certain place, and he is robbed, the servant is not answerable.—But if it be lost through his neglect he is punishable.
Servants setting fire to a House.
A servant negligently setting fire to a house, shall, on the oath of one witness, be made to pay one hundred pounds, to be distributed among the sufferers; or be committed to hard labour, in prison, for eighteen months.
Embezzlement of a Master’s property is Felony.
If money, goods, bills, bonds, notes, bankers’-drafts, or other valuable security, or effects, be delivered to a servant, or clerk, to keep, and he go away with them, or embezzle, secrete, or otherwise convert either, or any of them, to his own use, it is felony; if he be more than 18 years of age.
If any servant shall purloin, or make away with his master’s goods to the value of 40s. it is felony, and he shall, himself, his aider, or abettor, on conviction, be transported for 14 years. Or, if a master deliver the key of a room to a servant, and he steal therein to the amount of 12d. it is felony.
Servants pawning their Master’s property.
Servants pawning their master’s goods without orders, shall forfeit 40s. and the value of the goods so pawned; or be sent to the House of Correction for three months, and be publickly whipped.