would compel his absence in such a case, independently of the stipulation (t). Nor will such a stipulation be deemed an exception, unless made at the time of the contract, so as to form a part of it; if made afterwards, it will be deemed a dispensation, and not an exception (u). A conditional hiring, however, will confer a settlement, if nothing happen within the year to dissolve the contract (v): as for instance, a hiring for a year, with liberty to either party to dissolve the contract upon giving a month's notice, will confer a settlement, if no notice be in fact given, and the servant remain in the service for the year (w); so, a hiring for a certain time upon liking, and that if the master and servant like each other, then for a year, will confer a settlement, if the servant continue the year in the master's service (x). And a mere stipulation for a deduction from wages in case the servant should be prevented from working by illness, bad weather, &c., will not prevent a settlement (y). Where there was an express hiring "to the offices of a servant," a stipulation that the servant might have what she could earn by her own labour besides, was holden not to defeat the settlement (z).

(t) R. v. Westerleigh, Burr. S. C. 753. ii. 577. R. v. Winchcombe, Doug. 391. Cald. 94. ii. 578.

(u) R. v. Sulgrave, 2 T. R. 376. ii. 579.

(v) See R. v. Byker, 2 B. and C. 114. ii. 580. R. v. Northwold, 2 D. and R. 790. ii. 581.

(w) R. v. Atnerton, Burr. S. C. 203. ii. 582. R. v. New Windsor, Burr. S. C. 19. ii. 583.

(1) R. v. Lidney, Burr. S. C. 1. 2 Bott, 243. ii. 584. R. v. St. Ebbs, Burr. S. C. 289. i1.585.

(y) R. v. Martham, 1 East, 239. ii. 586.

(z) R. v. Chertsey, 2 T. R. 37. ii. 520.

And here it may be necessary to observe, that a retrospective hiring, (that is, hiring for a year, part of which has already elapsed), will not gain a settlement («).

(a) Coombe v. Westwoodhey, Str. 143. ii. 587. R. v. Westwell, 1 Barnard, 354. ii. 588. South Cerney v. Coultsbourne, Burr. S. C. 241. 1 Sess. Ca. 156. ii. 589. R. v. Ilam, Burr. S. C. 304. 1 Wils. 307. ii. 590 R. v. Mursley, 1 T. R. 694. ii. 547. R. v. Marton, 4 T. R. 257. ii. 591. R. v. Hoddesdon, Cald. 23. ii. 592.

But it is not necessary that an express hiring for a year should be proved, or should even have in fact existed; if from circumstances it can fairly be implied that the parties intended the pauper to have served for a year, it will be sufficient: thus, a general indefinite hiring, is

deemed a hiring for a year, unless something appear which may raise a presumption to the contrary (b); so, telling a man to go into the place of another, who was a yearly servant, implies a hiring for a year (c); so, a hiring for a year, and then a continuance in the same service, implies a new hiring for a year (d). So, where a servant was hired for eleven months only, and at the expiration of that time his master said to him, " You may as well stay on an end in your place, the place suits you, and you suit the place,' ," and the servant remained accordingly, and continued to serve for three years afterwards this was holden to imply a hiring for a year (e). But this presumption, like all others, may be rebutted by circumstances, either appearing in the contract itself, or otherwise (ƒ). See ante, p. 41.

(b) R. v. Wincannton, Burr. S. C. 299, ii. 526. R. v. Stockbridge, Burr. S. C. 759. ii. 593. R. v. Bath Easton, Burr. S. C. 823. ii. 594. R. v. Worfield, 5 T. R. 506. ii. 595. Wandsworth v. Putney, 2 Bott, 188. 2 Sess. Ca. 188. ii. 596. See R. v. St Peter, Mancroft, 8 T. R. 477. il. 597. R. v. Seaton and Beer, 2 Bott, 200. Cald. 440. ii. 598. R. v. Great Bowden, 7 B. and C. 249. ii. 599.

(c) R. v. Berwick, St. John, Burr. S. C. 502, ii. 600. R. v. Lyth, 5 T.R. 327. ii. 495.

(d) R v. Croscombe, Burr. S. C. 256. ii. 601. See R. v. Hensingham, Cald. 206. ii. 476.

(e) R. v. Macclesfield, 3 T. R. 76. ii. 602. See R. v. Long Whatton, 5 T. R. 447. ii. 499. R. v. Hales, 5 T. R. 668. ii. 500.

(f) See R. v. Christ's Parish, York, 3 B. and C. 459. ii. 516. R. v. St. Matthew, Ipswich, 3 T. R. 449. ii. 503. R. v. Great Bowden, 7 B. and C. 249. ii. 599. R. v. Stokesley, 6 T. R. 757. ii. 518.

An express hiring for a year, although at weekly wages, will gain a settlement (g); but a general indefinite hiring at weekly wages, is but a weekly hiring (h), unless there be something in the agreement which shews the intention of the parties to have been otherwise (i); such, for instance, as a stipulation that the agreement should not be put an end to, at the election of either party, without a fortnight's or month's notice, or the like (k). And the

(g) See R. v. Overnorton, 15 East, 347. ii. 603.

(h) R. v. Warminster, 6 B. and C. 77. ii. 604. R. v. Wrington, Burr. S. C. 280. ii. 605. R. v. Elstock, 2 Bott, 201. Cald. 489. ii. 606, R. v. Newton Toney, 2 T. R. 453. ii. 607. R. v. Lambeth, 4 M. and S. 315. ii. 608. R. v. Pucklechurch, 5 East, 382. ii. 609. R. v. Odiham, 2 T. R. 222. ii. 610. R. v. Dedham, Burr. S. C. 653. ii. 611. R. v. Dodderhill, 3 M. and S. 243. ii. 612. R. v. Mitcham, 12 East, 351.ii. 613.

(i) See R. v. Sandhurst, 7 B. and C. 557. ii. 530. R. v. Seaton aud Beer, 2 Bott, 200. Cald. 440. ii. 598.

(k) R. v Hampreston, 5 T. R. 205. ii. 614. R. v. Birdbrooke, 4 T. R. 245. ii. 615 R. v. Sandhurst, 7 B. and C. 557. ii. 530. R. v. St. Andrew, in Pershore, Worcestershire, 8 B. and C. 679. ii. 616. R. v. Great Yarmouth, 5 M. and S. 114. ii. 617. See R. v. Bradninch, Burr. S. C. 662. ii. 618. semb. cont. And see R. v. Haubury, 2 East, 423. ii. 619.

like, it should seem, as to hirings at monthly wages (1). So, if there be an express hiring for a year, although the servant is to be paid by the piece, (that is, at a certain rate according to the quantity of work done), it will gain a settlement (m); but a general indefinite hiring at piece work (n), or a hiring to do a specified quantity of work (0), will not. So, if there be an express hiring for a year, although the servant is to have no wages or other remuneration, except his board and lodging, &c. it will gain a settlement (p).

(1) See R. v. Clare, Burr. S. C. 819. ii. 620.

(m) R. v. King's Norton, Burr. S. C. 152. ii. 621. R. v. Birmingham, Doug. 333. ii. 574. R. v. Alton, 2 Bott, 222. Cald. 424. ii. 622.

(n) R. v. St. Peter's, in Dorchester, Burr. S. C. 513. ii. 623.

(0) R. v. Woodhurst, 1 B. and A. 325. ii. 624.

(P) R. v. Hitcham, Burr. S. C. 489. ii. 508.

Provided he continue and abide in the same service during the space of one whole year.] "The same service" does not mean a service entirely under the same hiring; for if there be a hiring for a year, and a continued service for a year (whether the whole of the service be under the same hiring or not), it will be sufficient (7). Thus a hiring for half a year, or even for a week, and then a hiring for a year, and a continued service for a year, partly under the one and partly under the other, will gain a settlement (r). So, if there be several consecutive hirings, and then a hiring for a year, they may be coupled in like manner(s); and this, whether the yearly hiring followed or preceded the others (1), or whether the services under the different hirings were similar or not (u), or whether the wages were the same or not (v), or although the services under any but the yearly hiring were under an invalid con

(9) See R. v. Overnorton, 15 East, 347. ii. 603. and the authorities mentioned infra.

(r) R. v. Overton, Burr. S. C. 549. ii. 625. Brightwell v. Westhalley, 1 Sess. Ca. 92. 2 Bott, 249. ii. 626. R. v. Aynhoe, 2 Sess. Ca. 119. 2 Bott. 251. ii. 627. Hanmer v. Ellesmere, Str. 878. 2 Bott, 253. ii. 628. R. v. Underbarrow and Bradley Field, Burr. S. C. 545. Cald. 65. Doug. 309. ii. 629. R. v. Sutton, I East, 656. ii. 630. Eardisland v. Leominster, 2 Bott, 253. ii. 631; but see R. v. Wrington, Burr. S. C. 280, ii. 605. R. v. South Moulton, IL. Raym. 426. ii. 632.

(8) R. v. Bagworth, Cald. 179. ii. 103.

(t) R. v. Fillongley, 1 B. and A. 319. ii. 633.

(u) R. v. Grendon Underwood, Cald. 359 ii. 555. R. v. Sutton, 1 East, 656. ii. 630.

(v) R. v. Underbarrow and Bradley Field, Cald. 65. Burr. S. C. 545, Doug. 309. ii. 629. R. v. Grendon Underwood, supra. R. v. Overnorton, 15 East, 347. ii. 603; and see R. v. Alton, 2 Bott, 222. ii. 622.

tract, or without contract at all (w). But of course one of the hirings under which a part of such continued service is performed, must be a hiring for a year, express or im plied (a); and therefore if a contract of hiring for a year be rescinded by the parties after the servant has served a part of the time, and another be substituted for it under which he cannot gain a settlement, either by reason of its being for a less time than a year, or of the servant's being married at the time of the second contract, no settlement can be gained by a service under these hirings(y). (w) R. v. Dawlish, 1 B. and A. 280. ii. 634.

(1) Dunsford v. Ridgw.ck, Salk. 535. i. 537. R. v. Haughton, Str. 8.

ii. 550.

(y) R. v. Great Chilton, 5 T. R. 672. ii. 635, See R. v. Bottesford, 4 B. and C. 84. ii. 552. R. v, Market Bosworth, 2 B. and C. 757. ii. 583.

The services must be continued, and uninterrupted by the interval of even a day between them (2); but an interval of a fraction of a day, even although during that time the pauper actually quit the service and take away his clothes, is not material («).

(z) Wichford v. Bretford, Fort. 311. ii. 636. R. v. Caverswall, Burr S. C. 461. ii. 637. R. v. Ross, Burr. S. C. 688. 11. 638.

(a) R. v. Fifenead Magdalen, Burr. S. C. 116. ii. 639. R. v. Ellisfeld, Cald. 4. 11. 640. See R. v. Sulgrave, 1 T. R. 778. 11, 579.

But a settlement cannot be gained by a year's service under continued hirings in this way, if the servant were married at the time of the second hiring (6); the services for the last forty days must be under a hiring made when the pauper was unmarried (c).

(b) R. v. St. Giles's, Reading, Cald. 54. ii. 641. (c) R. v. Great Chilton, 5 T. R. 672. i. 635.

It is not necessary, in order to gain a settlement, that the service should be in the same, parish in which the hiring was (d). Nor is it necessary that the master should have a settlement (e), or even reside in the parish which the servant perforins his services (ƒ).

(d) R. v. Ashtor, Set. and Rem. 23. 2 Bott, 273. ii. 534. (e) Missenden v. Chesham, Fol. 142. 2 Bott, 173. ii, 519. () R. v. Eldersley, 2 Bott, 274. ij. 532, Feversham v. Gravenny, Fort. 221. ii. 533.

If the servant live part of the year with the master who hired him, and serve the remainder with his execu

tor (g), or widow (h), or with a person to whom his master assigned his farm, (no words dissolving the contract of hiring having passed between them) (i), or with any other person by his master's consent (k), it is suflicient. (g) R. v. Ladock, Burr. S. C. 179. ii. 642.

(h) R. v. Hardham with Newton, 12 East, 51. ii. 643. (i) R. v. Ivinghoe, Str. 90. ii. 644.

(k) R. v. Beccles, Burr. S. C. 230. ii. 645.

Sometimes, we have seen (7), the year of hiring (as from Whitsuntide to Whitsuntide) may comprise more, sometimes less, than three hundred and sixty-five days: if less, a service from Whitsuntide to Whitsuntide is sufficient (m); if more, a service of three hundred and sixtyfive days is sufficient (n). In this respect, more liberality of construction is observed with regard to the service, than with regard to the hiring (0). See ante, p. 43, 44. (1) Ante, p. 43, 44.

(m) R. v. Newstead, Burr. S. C. 669. ii. 541.

(n) R. v. Ulverstone, 7 T. R. 564. ii. 646.

(0) R. v. Ackley, 3 T. R. 250. ii. 546.

By stat. 52 Geo. 3. c. 72. s. 8. a service in the forest of Alice Holt, under any hiring for the preservation of the woods or game in the said forest, shall not gain a settlement in the parish of Binstead.

Dispensation, Dissolution, &c.

If a servant do not serve the entire year, his not doing so is considered either as being dispensed with by his master, or justifiable upon the part of the servant, or as arising from or amounting to a dissolution of the contract altogether. In the two first cases, the time of absence is reckoned in the latter, not; but the time of service is reckoned up to the time of dissolution only.

If the servant, during any part of the year, be prevented by illness from serving, yet the time of his illness shall be reckoned in the year, no matter whether it happen at the beginning (p), middle (q), or end () of the (P) R. v. Sharrington, 2 Bott, 333. ii. 647.

(9) ld.; and see R. v. Ozleworth, Burr. S. C. 302. ii. 82. R. v. Islip, Str. 423. ii. 648.

(r) R. v. Christchurch, Burr. S. C. 494. ii. 649. R. v. Maddington, Burr. S.C. 675. ii. 650. R. v. Sutton, 5 T. R. 657. ii. 651,

VOL. I.

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