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On Old Michaelma*-day 1771, one Carrington of Mikk asked the pauper if he would live with him, and upon wl terms. The pauper asked eight guineas, which Carrington fused to give; but offered him six pounds,which the pauper fnsed to accept. Upon this they parted. On the next i (being the Wth of October) between two and three o'clock the afternoon, Carrington and the pauper were together I house in Milekam, when Carrington asked him, Whethei ■would take the wages he had offered, which the panper aj refused; but after some conversation, let himself to CarriBgl as a servant in husbandry, until the Michaelmas following-, seven pounds wages: and entered upon the service on evening of that day, and staid thereuntil the 10th of 0c/< following. On which day Carrington, not having fini harvest, asked the pauper to stay and help him up wilh harvest; and though he thought himself at liberty to go, pauper did stay with him until the. next day, being the 111 October at noon; and after he had dined asked Carri*\ for his wages : whereupon he was paid the 7l. and quittel roaster's servicc,and did not ask or receive any recomponcefd additional service.—It was contended that this was not 1 eientto gain a settlement.—But by lord MansJield(t;ithoutl ing the other side). There must bo a hiring for a year; this is one. Though he were hired on the afternoon ol eleventh, yet we shall say, that he was hired at twelve o'« at night on the 10th; for it is settled, that the law will allow a fraction of a day. He served till the tenth; tha a year. If a man is born on the 10th he is of age on the The other judges concurred. CaldecoVs Cases, 19.

So in the K. v. Skiplam, Mic. 17 Geo. 3, the husband c pauper having gained a settlement at Skiplam on the day after Old Martinmas-day, hired himself to * pcrsu Natcton, to serve him from thenceforth until the Old Alt tnai.duy following. He entered into the service a fevJ after such hiring, and served him in Nuxton pursuant I to, until the Old Martinmas day following, on whkl about twelve o'clock at noon he received his full wages, lift his master's house on the evening of the same day.huntJ. It is much to be lamented that there is so confusion in settlement eases; therefore whatever latest determinations may be, they ought to be adhere Now the last case, namely, that of the K. v. Sydsri seems to correspond with the present in every point. I that a distinrtioa had been made, as wherethe hiring an irice had been expressly found to be for a year, accord the custom of the country, lint in the last case, no su tinction was taken : so here there is no custom statvd "until" mutt be taken to be inclusive. Therefore there hiring and service for a year; tor the pauper's husband «i into the service the first day of one year, and seritul till l instant of the next.—Buller .!. The only question ii, W Murlinmut day is to be taken inclusive or exclusive .' jasper's husband was hired the day after Martinmas day, to sene tOJ the Martinmas-day following. From ihc moment of the hiring be became the servant of his master, and continued in the service till Michaelmas-day. Then docs the word till in. fink the day? The former cases have decided that it docs. And if it only included a part of the day, as there is no fraction of a day, trutsmice would he complete. 1 Term Rep. 490.

A retrospective hiring is not to be considered as a hiring for Retrospective a year.—Thus in Combe v. IVr4woodhey, llil. 5 Geo. 1, hiring. Uiduuknat-dny was on Thursday, and a person was hired upon the Saturday following to serve him the said Thursday offer Michaelmas-day, to Michaelmas following.By The l-'ir»t. It would be to make it nonsense, in contracting to Kncfora time past; whereas if the word said be rejected) <fe rest ts natural enough. This therefore is not sufficient to a ^dement, not being a hiring for a year. 1 Strange,

14$.

Saakoin the K. v. Weshzell, Tr. Geo. 2, the pauper wai hrrrd to life with Ii. from six weeks after Michaelmas to the ■'Itckedset following ; and before his time was ouf. offered to ffe «ifJ him for another year from that Michaelmas day, if he foalipte him four pounds a year. That proposal not being I io,he went away on MiHiaelmas day. Three days after ! natter agreeil to give him the money, and then the pauper diately entered upon the second service, and lived with tbe Michaelmas after.—The Court held this not to be a wit. 1 Barnard, 354. i in the K. v. Ham, Mic. 25 Ceo. 2, a gentleman of of Ham, hearing that the pauper was a likely boy to > as his postillion, sent to have him upon liking. After frpatptt Ka.l served eight weeks on liking, his master hired fat year, to commence from the beginning of the said steks. He accordingly served his master in the said P**sW Ham, include g the said eight weeks, a year and ten "Pjlnd oo longer. — The Cockt held this case to differ from ill farmer ras-s. The question is, Whether here be a hiring *«r/ It is agreed, that there must be a hiring forayear, rice for a year, to gain a settlement, and that a retwill not do; which latter is the case here: for the upon liking; and at that time there is nothing stated • airing, nor till eight weeks after, during which eight both parties were at liberty.—They therefore held this '•be no settlement. Burrotc's Sett. Cas'. 301.

lie A', v. JJoddesdvn, Ka. 17 Geo. 3, the pauper five ®f*ibtiMichuelma)-day,viei\l to Hoddesdou, to enquire after * fJfeatMr. f ear's, and s taitj about three weeks or a month S*' liking, without any terms being talked of; her aunt '*» ranse, ami let her for a w hole year, at the wages of 4/, ^ **»*c»cfi from the day she firU came lo the service. "»taid till the da, alter Mtchuelmas-day following, stress paid her me w hole vear's wages; and she then quitted the service with her own and her master's consr The counsel who was to have shewn cause in support of order removing the pauper to Hoddesdon, acknowledged t! after the case of the K. v. the Inhabitants of Ham, he could

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maintain that a retrospective hiring was good Anton 3.

be sure you cannot. CaldeeoVs Cases, 23.

So also in the K. v. Marlon, Ea. 31 Geo. 3, the pati] being settled in Singleton, at eighteen or nineteen, went i the service of a man in Marlon, and staid about a fortni or three weeks without any hiring or agreement of any 1 being made between them. His father then made an agi ment with the master, for the pauper to serve him for a y at 2*. 6d. per week. 'And the fortnight or three weeks wl

* the pauper had been in service, was to make a part of,
< be reckoned in the year.' The pauper staid in this ser
upwards of fifteen months from his first coming, and rece
bis wages according to the above agreement. The counsel
was to have shewn that this gained a settlement in Marlon,
mitted that the order could not be supported, because a r<
spective hiring was not sufficient. 4 Term Rip. 257.

Conditional But an hiring for a quarter of a year, and if the master

'""J" servant like one another, to continue for a year, is a j

hiring for a year Thus in the K. T. Lidney, Tr. 6 & 7 ( 2, the pauper was hired to a man in the parish of' Stroude 'a quarter of a year, and if her master and she liked one

* titer, she was to continue for a year,' and to have 3/. for year's wages. She entered into the said service, and Cumti therein one whole year, and received the said wages of 31. Couiit held this conditional hiring to be a good hiring I year: since the master and she did like one another, ai yearssservice was actually performed under it. Burrow's, Cat. 1.

So in the K. v. Si. Ebbs, I III. 22 Geo. 2. the pai being settled in St. Ebbs, was hired to a person at Holy in this manner: 'he was to come for a quarter of a year,

* to have after the rate of 20.?. a-year ; and if he and his ni 'liked each other was to continue on.' 'He continued a and a half over and above the said quarter, without any f u or other hiring, and received his wages as he had occasioi the same. It was moved to quash the order of rem or St. Ebbs, upon the ground that a conditional hiring hiring lor a year, provided the condition be performed, that therefore the settlement was in Holywell, and not i Ebb. A rule to sh«w cause was granted, and made abno cause being shewn. Burrow's Sett. Cas. 289.

So an hiring for a year, with-liberty to leave the aervi a month's wages or a month's warning,on either side, is a hiring; and service for a year uuder it will gain a settle) Thus in the A', v. New Windsor, Ml. 8 Geo. 2, the p| was hired to a person of Thorpe, alid was to go into h«i vice a mouth upon liking, and to have 51. a year wages; i

I

SETTLEMENTS AND REMOVAL?. 133

-i* top; away on a month's wages or a mouth's warning,

li (5 be it any time paid or given on cither side by the said

"laster or servant." She continued in her service near two

van without any other hiring, and received her wages quar

tnb\—Bt Tnr. cotur. The pauper is legally settled at Thorpe;

for it is Mated, that she was hired to a person at Thorpe.

t general hiring is a hiring for a year, and the limitation

«f its being to cease upon a month's wages or warning on

eftkr side, will make no difference; for that is the common

athod; and the parties in this case, though they had it in their

power to avoid the contract, have not done so; for it is ex

{fresly Kited, that she continued in her said service near two

L Borate'. Sea. Cas. 203.

4e K. T. Atherton, Hit. 16 Geo. 2, the pauper was

hked by an inhabitant of Harton, for one year, at 4/. wages

payable quarterly: and it was agreed, at the time of the hiring,

t!w either lie master orsen ant should beat liberty to determine

s cwjauu the end of any quarter, on a month's notice.

B«l>a aetkre was ever given, and the pauper continued in

** ■<*t*j lerviee in Barton the whole year. The pauper,

!*&*o«eoftbe hiring, declared that the reason of the said

•■J beisg made determinable at the end of any quarter upon

• aaoee as aforesaid, was, " that he would not be hired

^^■lolose his former settlement."-Hut by Lee Ch. J.

6 *kole court unanimously. This is a good settlement

Uriet, for here is both an hiring for a year, and a service

*»» }w. Burrows Sett. Cat. 203. /

<4e hiring for a year must be by an entire contract: and

act hirings fw half a year each, or any period less than

i cannot be coupled together so as to make a hiring

J.—Thus in Dunsford v. Ridgizic!;, Mic. 9 Ann.

Wen was hired for half a year, and after that was hired

ifer another half-year to the same person," and there

•nedayear in one continued entire service, but by se

—It was urged that here was a service for a

i»! a hiring for a year, though by several contracts; and

I need not be by one entire contract. Hut by

•tt. Jt ought to be one entire contract, and one entire

II • is required by the statute as well as the other.

ke »ed( r several contracts shall gain a settlement, one

• the month, by the week, or by the day, may,

Smatiauej a year, gain a settlement; one may hire by

.ritv; but there is danger of being chargeable

web a person by the year: for such a term as a

'not iupposed a master would hire one, unless able

*od so a person not likely to become chargeable.

the K. r. Houghton, llil. 4 Geo. 1, the pauper

witfc one Trubthavo o( Houghton, from Ash IVednes

-nat and served him that time. He then went

him and »Uid with his father in Ronton for about

Si-veral bii

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a week. He then returned to Tru/nhate, and was a;ain hir ■with him for eleven months, aud served him the said eltv month.1!. He then departed from Trubshats, and took 1 clothes with him, and was absent one week. He then letur ed to Trnb*hai!>, and was hir.'d with tin for eleven montl and accordingly served him. and then left that service, a went to his father in Ranton, and staid about one wek. I1 pauper then 'ervedo.ic Sutton of the said parish of H<>ug'<l< for ahout three weeks. 11< then returned to Ranfon, where staid for above a wek, and then returned to the paid Sui'on lJoughfnn, and liirel himself for eleven months; and ] accordingly serve within a fortnight or three weeks of last eleven months, when, by agreement with Sutton, to av! a settlement in the parish of Houghton, he left him, td his clothes, and went into the parish of Gnosa'l, and th continued about a week. The pauper then returned to Suit and continued with him so long as to* make up his sen of the eleveu nvmths. Three weeks before Christmas hired himself again for another eleven months, and served from that time till within three weeks of Michaelmas follow! anH then came away, and married. The question toas, whet these, several hirings were sufficient to gain ,a settlement in parish of Houghton ?Pai kei Ch. J. said, this was an appa fraud, and different from all the other cases.—Pratt J.fdii we must take the law to be, that there miist bean hiring' year, and a service for a year: here the sessions hare foul specially, and there is neither hiring or service for ft1 J

And suppose a man that lives in a parish encumbered poor, hires a servant for elcvun months only to prevent his c inga settlement, how can this hiring and servioc gain a sc nicnt? and as to the fraud, if there is any, the justice peace are judges of that.—Eyre J. was of tho same dpi ■with Pratt.—Afterwards in Easter term, after long d<! and consideration, the opinion of all the Court was, that *' \ "hirings and services in the parish of Houghton wert "sufficient to gain a settlement." Foley 137. 1 Strange [For though such hirings as in this case do dvfeat settlem yet if that is a mischief, it is to be remedied by the legist and not by the Court, which is to judge oil the law as it sU 10 Mod: Rep. '392 ] ""; 1

■ But a service for a year, though it be under different hit is good, if one of the hirings is for a year. Thus in the Overton, Hit. 10 IliiL 3, the pauper being settled in . Ovt on the 26th'of March, contracted with a person of the ^ of Steventon, for the Avail's of twenty shillings, to seree hint the said 2-Sth of March until th« Mkhae'mti* Mlowmg: i time she served accordingly. At tiie said Michaelmitsj her ter contracted, with her from toe iaiAMkhaclmat, for on*, next ensuing, for the wages of thirty shillings; and she, acco to'the last mentioned-contract, remained with her said i until some time in the inonih of Apr.I following; in

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