« ForrigeFortsett »
1806. Grose, J. " There must be in these cases a serving
Thtkino ^or a yeRT unc'*r a hiring for a year. The hiring is versus not very expressly stated, but it appears to be fot a trflUi"i!iliut,yt"> and lhe servant had liberty of quitting on a month's notice. In that county hiring is generally at old Michaelmas day, and she gives notice in order to quit at old Michaelmas day, that she may the belter get a service. The mistress considers that as a good notice, and hires another servant."
Lawrence, J. "Here are two questions. First, whether the hiring is not for a year from old Michaelmas day, and if not, whether the interval between the old Michaelmas day and the 18th of October was dispensed with, as to the service. Upon the first question there is no pretence to say, that the hiring was before the 18th day of October. She applied to her mother at old Michaelmas day to get her a place, but though terms were proposed, no absolute agreement w as made; and, at the 18th of October, nothing is said as to an/ thing which has passed, but the agreement is, to be paid ten guineas a year, a guinea for tea, and liberty to quit at a month's wages or month's warning. Th« service commences from that time; both parties so consider it. Then, at the expiration of the notice» the mistress says, here is your wages for a whole year, but you have a week more to serve. The girl does not stay until the week is up, but says, she is willing to serve the week. No, says the mistress, I have gol another servant. This is clearly a dissolution of the contract."
Le Blanc, J. "The sessions have not found when the hiring was, but it cannot be contended that it is a hiring from the day when the mother had converse4 with Mrs. Peck as to her daughter's coming to live with her; but in the absence of other circumstances to fix the time, itmustbe taken from the 18th of October. The next question is, whether there was a dispensation I
of the service between the two days. As to that point, 1806.
the agreement for putting an end to the service at a The Kino
month's warning distinguishes it from the cases of dis- versus
pensation, for the servant after giving due notice has 'oViiuja**"!* determined the service."
Order of Sessions quashed. ,
The King against the Inhabitants of Topsiiam,
A pauper apprenticed to a mariner o/-Topsham, to serve °" paUpCr
board a ship trading from Poole to Shields, is at Poole with Settlement.
the vessel in the course of his service, where his master be- £pp.re,"":e• •>' Manner,
comes a bankrupt, and the service is terminated, and there resides more than forty days sleeping on board the vessel; held, that he gains a settlement at Poole.
|JPON an appeal to the court of quarter sessions by xhe Kino the churchwardens and overseers of the poor of , **r,"f
, 'the Inhabitant
the parish or St. James, in the town and county or 0f To«»*». Poole, from and against an order made by two justices, whereby Samuel Cotter was removed from the parish of Topsham in the county of Devon to the parish of Poole or town and county of Poole aforesaid as the place of his last legal settlement.- This court upon hearing all parties concerned and their counsel, doih quash the said order, and the same is hereby quashed accordingly, subject to the opinion of the court of King's Bench on the following case :—It appeared that the pauper John Cotter, at the age of twelve years, was bound by indenture apprentice as a mariner to David Sweetlands of Topsham, ship-owner and coal merchant. He served his said master for three years, during which lie made several voyages and returned to Topsham, residing there the intervals between the voyages, sometimes two months. His last voyage was on board the Hueurd of Topsham, which sailed first to Shields and Ho. xxxiv. N. s. 3 N
1806. from thence to Toole with a cargo of coals. The panThc~KiNO Per wnwiined at Poole upwards of forty days, and slept
versus every night, during that time, on board the said vessel as 'ofToMHAM.1' it lay alongside the quay. He learnt, whilst he was there, that his master was become a bankrupt, and gone from Topsham, in consequence of which he applied to Mr. Penny, the agent and consignee of the vessel, for money to enable him to return to Topsham. The agent supplied him with half a guinea for that purpose. On his arrival there he resided with his uncle; not being able to find his master whom he hag never seen or served since. The indentures were offered to be given up by one of the assignees of Sweetland, but were not in fact given up until after they expired. Before the merits of the case were gone into at the sessions an objection was taken by the counsel for the appellants to the order for its uncertainty, and in other respects it was proved that there was no such parish as Poole, but that the parish is St. James's in Poole. In that town and county there is no parish but St. James's; but this objection was overruled.
Sir Vicary Gibbs and Pell endeavoured to bring this within the case of casual residence at a waterimr place.
East, contra), was not heard.
By The Court. "This is not like a casual residence; it is the only residence which he can have in the course of his apprenticeship. If he were not settled in Poole he could not be settled any where in England." 1806.
The King against the Loud and Steward of the Ma- . nor of Chertsey, Surry.—16th June.
Devise to A. for life, remainder to the lawful issue of her body Devise. Estate M tuck parts, shares, and proportions, manner and form as '" ^ceshe by wilt should limit and appoint ; and, in default thereof, to all and every the children of A. and their heirs, as tenants . in common and not as joint tenants, and in default of such issue to the right heirs of the testator: Held that a child of A. took an estate in fee and not in tail.
a motion for a mandamus to the lord and stew- The Kino ard of the manor of Chertseu Bermond in the ,
J the Lord and
county of Surry, to admit Thomas Jloade to the en- Stewaud of tirely of certain copyholds, held of the said manor. llq^R'^tyf It was by the permission of the court, and with the consent of John Acton, (the person interested in resisting the rule), agreed that the facts might be stated for the opinion of the court, and thai the issuing of a peremptory writ of mandamus should depend on their opinion, whether the said Thomas Hoade is entitled to the entirety of such premises or only loan undivided moiety of them as tenant in tail in common, with the said John Acton. In pursuance of this permission the parties have mutually admitted the following facts: £d of February, 1780, William Goring being seised of the premises in question, and having surrendered them to the use of his will, and having an only child Rebecca, the wife of John Hoade, by his last will duly executed, devised the same as follows:
*.S 1 give and devise unto my daughter Rebecca Hoade, all . that my messuage with the appurtenances situate and being.in Chertsey on the east side of a street there called Windsor street, and now in the occupation of Joseph Cobb. And «lso my copyhuld lands in Chertsey aforesaid called Dubles
1606. Brooks, to hold to her and her assigns, during her natural
_, ~ life: and from and after her decease, I give and devise the The Kmc. , i
term* said messuage and lands unto my grandaughter l\cbeeca
the Lord and #0£f(fe anj j,tr aligns, during ber natural life; and from Stiwaiid of 7 . •
the Manor of and after the determination of that estate, I give and devise
Culms*.*, the said messuage and lands unto Francis Haynes and Joh* Hoade, and their heirs, during the life of my said grandaughter Rebecca Hoade, upon trust to preserve the contingent remainders hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion shall require; nevertheless to permit and suffer my said grandaughter Rebecca Hoade to receive and take the rents, profits, and issues thereof, during her natural life. And from and after the determination of that estate, to the use and behoof of the lawful issue of the body of the said Rebecca Hoade, in such parts, shares, and proportions, manner and form as the said Rebecca Hoade my grandaughter, whether sole or married, shall by her last will and testament in writing, attested by three or more credible witnesses, or by any deed or writing purporting to be her last •will and testament to be executed in the presence of the like number of witnesses, direct, will, limit, or appoint the same, and, in default of such direction, will, limitation, or appointment, to the use and behoof of all and every the children of my said grandaughter Rebecca Hoade, lawfully to be begotten, and their heirs as tenants in common, and not as joint-tenants, and in default of such issue, to the. use of nty own right heirs for ever."
The testator died in 1780, leaving the said Rebecca Hoade, his daughter aDd also the said Rebecca Hoade, the grandaughter and devisee, and two oilier grandchildren, viz. Thomas Hoade, the prosecutor of the mandamus, and Ann Hoade, (who afterwards intermarried with Samuel Acton, and is since dead, leaving the said John Acton her only sou), the brother and sister,of the said Rebecca Hoade, the siandaughter. Mrs. Hoade the daughter held the premises in, question from the testator's decease till her death in