and left his mafter's fervice, and went to his father's houfe, without having any difcourfe with his mafter about continuing in the fervice; after he had been with his father about one hour, his father advised him to go to his mafter, and fee if he could not agree with him for a year, which he immediately did, and lived half a year under this hiring; and it was held that he gained a fettlement under these two hirings, Rex v. Fifehead Magdalen,

ii. 423. pl. 392 93. So where the pauper was hired on the 6th of December to ferve till the Michaelmas following, and went into the fervice on the 7th of December, and continued till 9 o'clock at night on the Michaelmas day; at which time he received his wages, took his cloaths, and left his matter's house and fervice; but about half an hour afterwards the mafter applied to him to stay; and on the enfuing day at one o'clock he hired himself to the fame master, to ferve him till the Michaelmas following, and under this fecond hiring he ferved three months; and it was held that he gained a fettlement, Rex v. Ellisfield, ii. 434.

pl. 395 94. So alfo increase of wages upon a fecond hiring for less than a year on the day the firt hiring for a year ended, and a removal into another parifh, are not fuch a difcontinuance of the firft fervice as will defeat a fettlement under the feveral hirings, Rex . Underbarrow, ii. 438. pl. 397 95. So a fo fervice under a hiring for a year will connect with fimilar preceding fervices under any number of hirings from week to week, Rex v. Bagworth, ii 439. pl. 398 96. Service under a hiring a few days before Michaelmas for a year, viz. from Michaelmas to Michaelmes, and under a hiring again to the fame matter three days after Michaelmas till the Michaelmas enfu

ing, though at different wages, and for a different kind of fervice, will connect so as to give a fettlement, Rex v. Grendon Underwood, ii. 447pl 400

97. If a fervant be hired, and ferve from November to Michaelmas, and before Michaelmas-day his matter offers to hire him from Michaelmas for a year, at certain wages, to which he does not agree, but remains in the houfe till the fecond day after Michaelmas werking as ufual, and then accepts the offer, and ferves part of the year; the fervices under the latter hiring commence on Michaelmas-day, and may be coupled with the former fervice fo as to gain a fettlement, Rex v. Sulgrave, ii. 451. pl. 401 98. But the fervice under a hiring from five days after Michaelmas to the Michaelmas following, and a complete and abfolute departure from the fervice on Michaelmasday, cannot be coupled with a fervice, under a new hiring for a year, made by the fame mafter the day after the fervant's departure, Wichford v. Bretford, ii. 417. pl. 386

99. A fervice for eleven months under a hiring for a year cannot be joined to a fervice of fix months under a fecond hiring for a year, if the first fervice is clearly difcontinued, although the fecond biring took place before the first hiring expired, Rex v. Caverfwall, ii. 427. pl. 393

100. Nor can diftinct and feveral hirings for eleven months each be connected fo as to form a hiring for a year, Rex v. Haughton, ii. 418. pl. 388

101. The fervice under an imperfect hiring cannot be connected with the fervice under a perfect hiring, unlefs, under fuch perfect hiring, there is a refidence of forty days, Eardifland v. Leominfer, . 423.

pl. 395 102. Ser.

102. Services in fucceffive years will connect only when the fervant, at the commencement of the fucceeding year, is unmarried, Rex v. St. Giles, Reading, ii. 435. pl. 396

103. If a fervant be hired for a year, but prevented by ficknefs from going into the fervice until a month after the day he is hired; and, on his going into the fervice, the mafter refuse to take him, but make a new agreement for a year, under which he only ferves eleven months, thefe two hirings cannot be connected fo as to gain a fettlement, Rex v. Winterfell, ii. 443. pl. 399

*103. A fervant ferved eleven months and twenty-two days, and was then hired for a year, but ferved only ten days after the hiring: the queftion was, Whether there must be forty days fervice after the hiring for the year? but the point was not decided when this fheet went to the press, Rex v. Adfon, Mich. Term, 33. Geo. 3. See 5. Term Rep.

X.

OF

Service

IN DIFFERENT PLACES.

104. If, under a hiring for a year, the fervant ferves half a year in one parish, and then removes with his master and ferves the other half year in another parith, he gains a fettlement where the last forty days are ferved, Rex v. Ashton, ií. 454.

pl. 402 105. Same point, Rex v. Hemioak, ii. 458. pl. 410 106. So if a fervant be hired as a warrener, which is in the joint occupation of two perfons living in different parishes, and the fervant ferves fometimes in the warren, fometimes in the parish where the one mafter lives, and fometimes in

that where the other mafter lives, he fhall be fettled in the parish where he lodges the latt forty days, Rex v. Elderfley, ii. 455. pl. 403 107. If a houfe ftand two thirds in the parish of A. and one third in the parish of B. the fervant fhall be fettled in that parish in which that part of the houfe ftands in which the lodges, Feversham v. Gravenney, ii. 455. pl. 404 108. A fervant, hired for a year by a lodger in one parish, who goes with her miftrefs into another parih, merely on a vifit, gains a fettlement, by ferving the last forty days in fuch parish, Rex v. St. Peter's in Oxford, ii. 456. pl. 405 109. Same point, Bishop's Hatfield a. St. Peter's, .ii. 458. pl. 409

11. A fervice performed under a hiring for a year in a different parish from that where the mafter dwells, gains a fettlement there, St. Peter's in Oxford v. Chipping Wycomb, ii. 457. pl. 406 111. Thus if a fervant be hired to work at a glafs-house in a different parish from that in which the mafter lives, he gains a fettlement by refidency in the parish where the glafs-houfe is fituated, Rex v. Whitechapel, ii. 457. pl. 407

112. So where a fervant was hired for five years, which he ferved accordingly in the parish of A. but lodged the whole time in the parish of B.; the Court held he was fettled in the parish of B. because of his inhabitancy there, Rex v. Spitalfields, ii. 457. pl. 408 113. The hired fervant of a waterman, who ferves a year by navigating a boat from Goring to Londan, will not gain a fettlement by an alternate refidence on board the boat and at his mafter's house, unless he has, during the year, lived at different times forty days in the parish, Goring v. Molefworth, ii. 459. pl. 411 114. For

114. For the forty days refidence of a fervant need not be forty days together; it is fufficient if he refide forty days at different times during the year, Greenwich v. Longdon, ii. 462. pl. 413

115. A fervice with the executor of the mafter for the remainder of the year in a different parish from that in which the hiring for a year was made, is good; for the death of the mafter does not diffolve the contract; and the fervant, by fuch fervice, gains a fettlement in the fecond parish, Rex v. Ladock, ii. 460. pl. 412

116. So where a fervant was hired and ferved for a year, and, without coming to any new agreement, continued to live with his matter in the parish in which he was hired about a quarter of a year longer, and then the mafter took a house in a different parish, to which the fervant, with the rest of his family, removed, and lived with him for fix months under the original hiring; it was held that he gained a fettlement in this fecond parifh, Rex v. Crofcombe, ii. 462. pl. 414 117. If a fervant, under a hiring for a year, go with his mafter to Scarborough, or other fuch public place, not for the purpose of fettling, but merely to enjoy the feafon, and with an intention of returning home; and, during their ftay there, the year expires, and the fervant applies to the mafter to make a new agreement, and the mafter tells him, it will be time enough when they get home; a refidence of forty days in fuch place does not gain a fettlement there, Alton v. Elvetham,

and lived in a hired houfe, for the purpose of fea-bathing, gains a fettlement at Scarborough, Rex v. Bath Eafton, ii. 472. pl. 418 119. So also a groom, who is hired for a year, gains a fettlement by ferving forty days at Newmarket, where he lives for the purpose of training his master's horfes, although the mafter has neither house nor land, nor fettlement in the parish, Rex v. Eaft Ilftey, ii. 470.

pl. 417 120. A fervice under a hiring for a year is well performed, although the fervant do not refide with his master, and he has Sundays and holidays to himself, if he do like other fervants in the fame trade, Rex v. St. Agnes, ii. 469. pl. 416 121. If the refidence of a fervant be alternately in two parifhes, but he does not continue fucceffively for forty days in either, but more than forty days interruptedly in both, he fhall gain a fettlement in that parish in which he laft ferved, Lowes v. Lanftephan, ii. 477. pl. 419

122. A fervant was hired as a gardener for a year; during the year he married; and, from the time of his marriage to the expiration of the year's fervice, he lodged with his wife in a different parish forty nights, but not fucceffively, and did not lodge forty nights elfewhere, from the time of his marriage till the expiration of the year; and held, that he gained a fettlement in the parish where he lodged with his wife, although it was without the knowledge of the mafter, Rex v. Hedfor,

ii. 478. pl. 420

118. But a fervant under a yearly hiring, who ferves the last forty days at Scarborough, to which place he had accompanied his matter, who had gone there with his family

124. And if a fervant refide part of

the year in one parish, and part in another, at different times and intervals, making, when added together,

139. So where a fervant, three days before his year was up, afked leave of his mafter to go to a flatute-fair to be hired, which the mafter refufed; but the fervant perfifting, the mafter faid, "I am refolved "that you fhall gain no fettlement "in this parish, and therefore, if "you will go, it shall be for good " and all;"-"No," replied the fervant, "I will ferve out the "year," and thereupon he went and never returned during the last three days; and the Court held that this, inter alia, was not a fufficient abfence to prevent the fettlement, Rex v. Iflip, ii. 495. pl. 435

140. So alfo if a fervant, having received a kick from one of his mafter's horfes, leave his fervice three weeks before the end of the year, without his mafter's knowledge, and go to his friends in order to get cured, this departure is no diffolution of the contract, or interruption of the fervice, and therefore the fervant will gain a fettlement, although he was not able to return until after the year expired, Rex v. Maddington,

ii. 510.

pl. 448

ii. 521.

pl. 455

144. So if a fervant be taken into cuftody for an offence, and, by the detainer, he is prevented from coninuing in his fervice, the mafter

may difcharge him before the end of the year; and fuch difcharge is a diffolution of the contract, and impedes his gaining a fettlement, Rex v. Wefimeon, ii. 52z. pl. 456 145. So an abfence of fome days at the end of the year, by reafon of a commitment for getting a baftard child, prevents a fettlement, although the mafter was the overfeer of the parish, and active in procuring the commitment, and the pauper was let out as foon as the year expired, on giving his own bond to indemnify the parish, Rex v. North Cray, ii. 525. pl. 459 146. So where a pauper, to avoid being taken up for a baftard child, told his mafter that he must be off, and asked the mafter for money, which he gave him, and then ran away, and after an abfence of nine days returns to fetch away his cloaths; this is a diffolution of the contract, although at the time he returned he was afked to stay, and continued in the fervice to the end of the year, Rex v. Eaft Kennett, ii. 527. pl. 461

147. If a fervant be hired for a year,

but three weeks before the end of the year departs from the fervice, and abates fo much out of his wages for the three weeks, this is a diffolution of the contract, although the mafter does not object to the going away, Pawlet v. Burnham, ii. 495. pl. 434

148. So where the fervant ferved the year except one week, which he neglected to ferve, on account that he and his mafter could not agree respecting wages for the enfuing year, and therefore quitted the fervice without any compulfion on the part of the mafter; the Court held that the words "with"out any compulfion" were to be understood that he had quitted the fervice by mutual confent, and that therefore the fervice was inter

rupted,