HIRING AND SERVICE, (Settlement by,)-continued.

I. THE HIRING-continued.

8. Retrospective Hiring.

The contract must be prospective, and not include time past, 356.
9. Hirings to avoid Settlement.

The hiring may be for less than a year with the express purpose of preventing
settlement, 356 357.

But if the contract is really for a year, but ostensibly and colourably for a
shorter time, a settlement will be gained, 356, 357, 390.

Hiring for eleven months to prevent settlement, is valid, 356.

But hiring for eleven months, and to give one month over, is colourable, and
in law a hiring for a year, 357.

10. Conditional Hiring-

Is where there is a contract for a year, and, on a given event, either party may
put an end to it, 358.

If the condition is not acted on, the contract becomes absolute, ib.

A hiring to work, with power for the master to stop the work, is a conditional
hiring, 358, 359.

A hiring, with liberty to part at a month's wages, or month's notice, is condi-
tional, 360.

So also a hiring with power of dismissal without notice, ib.

So also a hiring for quarter of a year, and if they liked each other to continue
for a year, 360.

So also a hiring, the servant to try if he was strong enough for the work, 361.
Where settlement complete before condition acted on, 381.

11. Exceptive Hiring-

Is one where the relation cannot subsist for the year, unless some further
arrangement should be made, 359.

So also, if by the bargain days or hours are excluded from the service, ib.
It is an exceptive hiring where servant reserves liberty of absence at sheep-
shearing, 361; for the harvest month, ib. ; a week every year to visit friends,
ib.; or two or three days, 362.

Distinction between dispensation and exception, is where the absence forms a
part of the original contract, or where it be by permission of master, 362.
Reserving liberty of absence at sheep-shearing, during which servant to find
a man at his own expence, and his wages to go on, is exceptive, ib.
So where servant agrees to make up the absent time at the year's end, 363.
So where servant was to have the harvest month, if he and his master could not
agree - and they did agree, 364.

So also where servant to be paid for overwork, and receive no wages in severe
weather, during which he might employ himself in any way, 363.

So also where servant not to work at Christmas, to pay penalty for negligence
on working days, and to do certain quantities on each day, and have the rest
of time, 364.

So also a hiring as long as master had work, and when none, servant not to be
paid, 365.

But where a daughter is hired to do the office of a servant, a permission to earn
what she can besides, is not an exception, 365.

Stipulation for absence made before earnest given, is an exception, 391.
Stipulation for absence in militia, not an exception, 366, 367. See 324, 325,

326.

Exceptions implied by general use or custom, will not affect the contract, 367,
369, 370.

But if such exceptions are part of the contract, they will, 369,370.

12. Hiring with Limitation of Working Hours.

Hiring to work for certain hours only, is exceptive, 367, 368.

as to work shearman's hours only, 368.

Secus hiring to work as bleacher, 369.

Hiring to work twelve hours and do as much overwork as servant pleased, an
exception, ib.

But to work twelve hours a day, and if more, a certain sum per hour, is not,
369.

HIRING AND SERVICE, (Settlement by,)-continued.

I. THE HIRING-continued.

12. Hiring with Limitation of Working Hours-continued.

A person hired as clerk in a mercantile house is hired generally, though he serves
only the hours of business, 369.

A hiring to work according to the rules of the factory which were discretionary
with the master, is general, 370.

13. Hiring and not Imperfect Apprenticeship.

It must be a hiring for service, and not an imperfect apprenticeship, 371. See
Title APPRENTICESHIP IMPERFECT.

A verbal agreement to serve, and the master to teach a trade, is a hiring, 371.
So also clubbing for three years to be taught a trade, and do any work, 372.
So also where contracted in writing to serve for three years, to learn to make
hats, and there was no agreement by master to teach, 372, 373, 374.
Contract of hiring not superseded by imperfect apprenticeship, 372.
Allowance in wages for instruction ceases but with contract of hiring, 374.
Agreement to work for two years, to have earnings, and to allow master for
instruction, and use of frame, is a hiring, 374.

II. SERVICE.

The servant shall abide in the same service for one year, 375.

Service for 365 days is sufficient, though it is less than the year for which servant
hired, 343.

1. Of Connecting Services under distinct Hirings, 375.

Service under a hiring, for a period less than a year, may be connected with
service, however short, under a yearly hiring, 375, 376, 377, 378, and vice
versá, 381.

Dissimilar services may connect, 377.

Service under void contract will connect, 378, 379.

The whole year's service must be under a contract creating the relation of mas-
ter and servant, 379.

A settlement can be gained in such parish only as the servant has the character
of one hired for a year, 379.

Service under hiring for a year, will connect with service under an agreement,
in the middle of the year, to work by the piece, 382.

No service sufficient under hiring made when pauper was married, ib.

2. Of Lapse between Connected Services, 383.

If the service is discontinued for a day, it cannot be coupled with subsequent
service, ib.

Two days after the year, the pauper made a new agreement, but never left the
service, this is no discontinuance, ib.

Nor where the first ends, and second begins, on same day, but pauper leaves
only for part of day, 373, 374.

3. Of Dispensation.

A dispensation is where the service is constructive, as where the relation of
master and servant continues, but the master dispenses with actual service,
385.

Idea of dispensation not to be carried farther. It has been stretched as far as
ingenuity can go, ib. 410.

Receiving absentee, without leave, amounts to dispensation, ib.

Whether the absence is in the beginning, middle, or end of year, 386, 387,

392.

So also where absence is from illness, 385, 388; or reasonable cause, ib.
So also where master, on summons, paid servant his wages, but refused to take
him back. The servant offered to return, and made no other contract, 386.
Length of absence immaterial, if master takes him back and deducts wages,
386, 387.

Going to hospital, and receiving all her wages, is a dispensation, though servant
never returned, 387.

So also where the accident, which occasions absence, arises from servant being
in liquor, and master refuses to take him back, 3Ɛ8.

So also where a bankrupt master discharges servant, paying the whole wages,

288.

HIRING AND SERVICE, (Settlement by,)—continued.

II. SERVICE-continued.

3. Dispensation-continued.

So also where the dismissal is wrongful, full wages paid and accepted by ser-
vant, 389; and his clothes taken away, ib.

So also where keeper of gaming-house quitted his house, dismissed servants,
and paid them full wages, ib.

Turning servant away, to prevent settlement, is a dispensation, 390.

Where the absence takes place at the request, and on the account of the master,
the courts combine to infer dispensation, 392.

A week after the hiring, the mistress said,-" No time was mentioned, you are
hired for fifty-one weeks," this is a dispensation, 391.

So also where servant desired to be discharged, "to go to see her friends," 392.
See 397.

So also absence with leave, and payment of wages earned to master, 293.
So also where servant, in his absence, provided and paid a substitute, ib.
So also where servant works for others, and returns to his master, ib.

So also where servant imprisoned, on complaint of his master, and returned to
the service, 394.

So also where the year expired before the confinement, and pauper returned
only for his clothes, 394, 395.

4. Of Change of Master, 396.

Living with another, at master's command, is a service to the first master, ib.
So also where master let his farm and pauper continued with the tenant, with-
out a new contract, ib.

So also where servant continued with master's executor, 397.

5. Dissolution.

There can be no dissolution without mutual consent, or justifiable cause of com-
plaint, 386, 409.

Absence, by leave, for three weeks, at the end of the year, with abatement of
is a dissolution, 397.

wages,

So also absence with leave, when the year expires, ib.

So also where servant quitted, on complaint made by former master, from whom,
during the same year, he ran away, 397, 398.

So also leaving at mistress's request, because another servant coming, 398.
Though illness would not enable one party to dissolve the contract, it might
induce both to agree to it, 400.

So also when servant was ill, and sent for his wages, and part was deducted, 399,
or all paid, 400.

If the master has not the power of compelling the continuance of the contract, it
is a dissolution, 400, 401.

Or if he could not sue another for harbouring the servant, 401.

Servant quitted, after a month's warning, a week before the end of the year; the
mistress said, the week did not signify, -this is a dissolution, 400, 401.

A hiring may be dissolved on the same day it is made, by a new agreement. As-
sent of servant to new contract proved by acceptance of earnest, 401, 402.
Leave to go into another service, and receiving full wages, is a dissolution, 402.
A hiring, during the year, to commence immediately, at different wages, is a dis-
solution of the first hiring, 403.

But change of wages does not necessarily import a dissolution, 405.

Master, quitting business, told pauper to go where he liked, and paid him whole
year's wages. Pauper hired himself again. This is a dissolution, 405, 406.
So also where servant was discharged at his own request, and procuring substi-
tute, and he hiring himself to another, 406.

So also where master turns servant away, and servant accepts the wages, and
returns at master's request, 407.

So also where servant absent to get a place, and, on his return, master refuses to
let him stay out the year, and wages to that time paid and accepted, 407.

So also settling wages the day before the year ended, the servant requesting to go
altogether on that day, 409.

So also where servant, turned out of doors, refuses to return, though master
requested it, and receives full wages, ib.

Where servant leaves for ill treatment, and receives full wages, it is admissible,
though the departure is against the master's will, 410.

HIRING AND SERVICE, (Settlement by,)—continued.

II. SERVICE-continued.

5. Dissolution-continued.

Consent of servant to dissolution, by accepting wages, and offering herself as a
servant, 410; or taking another place, ib. 411.

Discharge, by justice, a dissolution, 412.

The contract may be dissolved by a discharge for pregnancy, 412, 413, 722, 723.
Mere apprehension for bastardy is not a dissolution, where master received him
back, 414.

A fraudulent dissolution will not be inferred by King's Bench, ib.

III. PLACE IN WHICH SERVANT GAINS SETTLEMENT,

There must be a residence for forty days in the parish to enable a servant to gain
a settlement there, 414, 415.

They need not be continuous, 415.

But must be within the compass of one year, ib.

If the service of the last forty days has been in different parishes, the settlement is
where the servant sleeps the last night, 379, 416.

What considered as place of rest, 422, 423.

Although a forty days' service elsewhere intervene, 417.

Some part of the forty days' service must be under a yearly hiring, 379.

The master's settlement, 417, and residence is immaterial, ib.

So also that the residence is casual, as at a watering place, ib.

The service need not be where the hiring was, 420, 421.

Service in one parish, and residence in another without master's knowledge, give a
settlement in the latter, 421.

A groom taking race horses from place to place, is settled where he resides the last
forty days, 417.

Residence on account of lunacy gives no settlement, 421, 422.

Evidence.

Contract in writing requires no stamp, 819.

From the fact of service at the beginning and end of the year, service for the inter-
mediate time presumed, 823.

Of master's consent to dissolution, 824.

Of servants, ib.

HOGRINGER.

Office of, is within & 4 W. & M. c. 11, s. 6, 643.

HOME.

A ship is rateable at her, the owner residing there, 113.

HOSPITAL.

Lands of, are rateable, 53.

Birth in Lying-in, confers no settlement, 275.

No child, nurse or servant received or employed in, for exposed or deserted child-
ren, by virtue thereof gains a settlement, 279.

A room in a work-house appropriated to lying-in women, is not, 283.

Whether it was within 54 Geo. III. c. 175.

HOUSE OF INDUSTRY.

Birth in, gives no right of settlement, 275.

HOUSES-PARISH.

Possession of, may be delivered to overseers by justices, 38, 39. See OVERSEERS.
HOUSEHOLDER.

An overseer must be substantial, 12.

Substantial is a relative term, 13. See OVERseer.

Parties who frequent a place of business but do not inhabit it, are, 12.

HUNDRED..

Any place in, may be rated in aid of poor parish, 159, 160. See TAXING IN

AID.

HUSBAND.

Is not liable to maintain his wife's mother, nor children of his wife by a former
husband, 165, 166.

Nor his wife who has left him and is living in adultery. APPENDIX.

Cohabitation not conclusive proof of being, 803.

May by his consent be removed with his wife to her maiden settlement, 716.
Deserting his wife, is a vagrant, 172. See DESERTION.

Communicates his settlement to his wife, 312. See Marriage, SETTLEMENT BY.
Death of, presumed after absence of seven years unheard of.

Guardians must relieve persons retarded by, 231.
Absence from, is dispensation, 387.

Though it arises from misconduct, ib., 388.

Whether a master is bound to provide for servant during, see 387. Contra,
239, 24.

Arising from accident. See ACCIDENT. CASUAL POOR.

Residence in a parish on account of, is not residence as an apprentice, 488. See
APPRENTICE (11.)

IMPRISONMENT. See PRISONS.

Of servant, upon complaint of his master, is no interruption of service, 394, 395,

400.

IMPROVED VALUE.

Criterion of Rate, 127.

Secus where the act directs that it shall be assessed as other land, 129.

If a tenement at the time of taking may be reckoned, 562, 563.

INCORPORATED PARISHES.

Two or more parishes within ten miles of the workhouse may unite, 185, 216.
See GUARDIANS.

INCORPOREAL HEREDITAMENTS.

Are tenements within 13 & 14 Car. II., 525.

Is a parol demise sufficient? Pro, 525. Con., 529, n. 68, 69.

INDENTURE.

Not necessary to constitute apprenticeship, 455.

INDORSEMENT.

Suspension of order of removal may be by, 75".

So also subsequent permission to remove, ib., 754, 755.

Justices of another county to indorse warrant of distress for charges incurred by
suspension, 754.

And cannot refuse it, 755.

INFANT.

Contract for his benefit is not void, but voidable only at his election, 327.

May engage himself as servant, 326.

and to his father, ib.

May bind himself an apprentice, 455.

But cannot consent to his discharge, 515, unless manifestly for his benefit, as
where his master ran away, ib.