statute in the several states. In cases where the law does not permit the guardian to litigate for the infant or where though entitled he refuses to do so, it is generally provided that the action or defense may be made for the infant by guardian ad litem or next friend.

§ 465. Guardian ad litem.-After a suit is begun against an infant, and the infancy is disclosed to the court, the court will see to it that he is represented by a guardian. Whenever the legal guardian ap pears for the infant a guardian ad litem is usually not necessary. But in absence of the legal guardian the court appoints a guardian for the purposes of that suit only—a guardian ad litem. He is an officer of the court, may be removed at pleasure, has no power over the infant's person or property, has no power to admit or waive anything; his functions being only to see that the infant's case is fully presented to the court for decision. The guardian ad litem is always for the defense.

infant must be repreThe infant may select, brought before the in

§ 466. Next friend.—An infant is not permitted to maintain an action in his own name solely, if his disability is brought to the attention of the court. Wherever the legal guardian can not or will not bring suit for the infant, the sented by his next friend. if he wishes, or, if suit is fant has selected, the court may appoint the next friend. Any one may act as next friend; it is not confined to kin. The next friend is subject to control of the court, and may at any time be removed by the court and another appointed. One purpose in requiring a next friend for an infant

is that there may be some one responsible for the costs of the suit. The next friend is liable for costs while the infant is not. It is usually provided that there need be no next friend, where an infant is a joint plaintiff with adults.

§ 467. Rights of guardian and ward in each other. -A guardian has no right to the services of a ward, and unless the relation of master and servant exists, can not recover for his own benefit any damages on account of injuries to the ward.

A ward has no interest in the guardian's services that will sustain an action by the ward against one who injures the guardian.

§ 468. Wrongs between guardian and ward.—As between each other, guardian and ward are answerable for injuries done, to the same extent as if the relation did not exist. Except, however, that where the guardian has custody of the ward's person, he stands in loco parentis and has a larger right to restrain and correct the ward. And also, where the influence of the guardian is misused, the relation enters as a factor into the duty owing and the wrong done. This is shown in the chapter on frauds.

§ 469. Guardian of the insane.-Analogous to the guardianship of infants is the guardianship of the insane.

It is generally provided by statute that upon a judicial determination of the insanity of a person, the court may appoint a guardian to take charge of the person and property of the insane. The duties of such guardians are the same in general as those of guardians of infants, and they are held to like ac

countability. It is their duty to appear for and defend suits against their insane wards.

The guardianship may be terminated upon the restoration to sanity of the ward, which fact must be judicially determined in the same way that insanity was determined.

CHAPTER XXXVI.

MASTER AND SERVANT.

§ 470. Growth of the relation.-The relation of master and servant may exist between father and child, guardian and ward, husband and wife, or in fact between any persons capable of contracting. The relation arises out of contract made between them, by which the master acquires a legal authority and control over the servant. Originally, it was only a family right of no great importance, the servant always being a member of the master's household. But with the vast development of business enterprises, the relation has been expanded to enormous dimensions, and is now one of the most important in the business world. It applies to every form of occupation in which one person's work is subject to the control and direction of another to whom he is responsible.

§ 471. Apprentices.-An apprentice is one who is bound out to a master to learn some trade, business or profession, the master being also bound to instruct and initiate him in the occupation. An apprentice may be either an adult or a minor. So far as an adult is concerned, he is bound by whatever contract he makes, and his rights and liabilities must be determined therefrom. So far as infants are concerned,

the matter is regulated by statute in the several states which must be exactly followed. It is usual to require the articles of apprenticeship to be recorded, and they must be signed by the parent or guardian, or in their absence they must be approved by the probate court. If the infant is over fourteen years of age, his assent and signature are generally required. The master acquires some of the rights of a parent over the infant apprentice, such as the right of moderate restraint and punishment, and being in loco parentis the master must care for the training, health and safety of the apprentice. In other respects, the rights and liabilities are the same as for ordinary masters and servants.

§ 472. Who is a master or servant?-It is not necessary that there be a definite term of service, nor that any wages be paid or due. And the relation may exist even where the services were volunteered, if they were of such nature that a contract can be implied. The test in all cases is the sort of control that is exercised over the work. The relation of master and servant exists when one has the right to control and direct the work of another who is employed to render personal service otherwise than in pursuit of a separate calling. The employer may contract that the employe shall undertake to bring about a certain result and shall assume all responsibility for the means and method of the work. In such case the employe is not a servant, but an independent contractor.

§ 473. Independent contractor.-A person is not a servant, but an independent contractor, who is employed, but is not subject to the order or control of the