Statutes by way of exception. made to restrict its operation, spoke so plainly the intentions of the Legislature, and formed so intelligible a system, that no doubts could arise upon their construction: however, the fact is, that no head of settlement has given occasion to so many difficulties, and to so great a variety of interpretations. By 3 Will. and Mar. c. 11. "If any un* "married person, not having child or children, "shall be lawfully hired into any parish or "town for one year and shall continue and "abide in the same service during the space "of one whole year, by 8 and 9 Will. 3, c. 30.) "such service shall be adjudged and deemed "a good settlement therein, though no notice, "in writing, be delivered and published, &c." But by 9 and 10 Will. 3, c. 11. "no person, "who shall come into any parish by certificate, "shall be adjudged by any act whatsoever to "have procured a legal settlement in such pa rish, unless he shall bona fide take a lease “of a tenement of the value of ten pounds, or "shall execute some annual office in such pa "rish," (and of course not by a hiring and service.) And by 12 Ann. st. 1. c. 18. "If any person shall be a hired servant with any person "who did come into, or, shall reside in, any pa"rish, township, or place, by means or licence "of a certificate, and not afterwards having 66 gained a legal settlement in such parish, township, or place, such servant shall not gain any settlement in such parish, township, "or place, by reason of such hiring or serving "therein; but shall have his settlement in such re parish, township, or place, as if he had not "been an hired servant to such person. s. 2.” Also, by 33 Geo. 3, c. 54. No person who "shall be a hired servant to any person who "did come into, or shall reside, in any parish "township, or place, under a certificate from "a Benefit Society, and not afterwards having gained a legal settlement in such parish, township, or place, shall gain any settlement "in such parish, township, or place, by reason "of such hiring or serving therein; but all "such servants shall have their settlements in "such parish, township, or place, as if they. "had not been hired to such person as afore "said." The first deviation from the obvious inter-Construction of the words pretation of the former of these statutes, was unmarried on the term "unmarried persons." And it has persons." been decided in many successive cases, that a widower, although he have children living, may gain a settlement by hiring and service, pro vided those children are emancipated, and have gained settlements in their own right.* And if a married man agree conditionally to become the servant of another, and before a 2 Bott. 177. S definitive agreement take place, the wife die without issue, he will gain a settlement by a hiring and service for a year.*. And a marriage after the hiring, and during the service, will not prevent the servant from gaining a settlement; for marriage does not hinder the service, and the contract continues; therefore if the man perform his service, he gains a settlement.† Once for all, let it be observed, that if the words of the statute, be but complied with, respecting the contract, and the service under it, according to the interpretations put upon them by the Courts, the relation, in which the contracting parties stand to each other, is of no importance whatever.‡ The hiring. The next question which has been agitated, has been" what shall be construed a hiring?" When done by express words, it admits of no doubt; but constructive hirings were admitted, and then the latitude given to interpretation was almost unbounded. General hiring. Thus it has been decided that any contract which purports to be a general hiring, without any limitation of time being mentioned, shall be interpreted a hiring for a year. Burr. S. C. 455. † 3 Term R. 382. +2 Term. R. 37.-2 Bott. 204. cation. And moreover, that where there be only actual Hiring rais ed by impliservice proved, yet where the nature of the service is such as necessarily implies a hiring, the Courts of Law will raise such implication.* The very words of the Court of B. R. in two modern cases will be sufficient on this part of the subject. hiring. "The general rule is, that an indefinite Indefinite hiring, without any circumstance to shew that "a less time was meant, shall be considered as "a hiring for a year."† 9 "All that is necessary to give a settlement "under the statutes is, that there should be "a hiring for a year, and a service for a year. "There must therefore either be an express, or "an implied, contract for a year, in order to give the servant a settlement. And an express 'hiring for eleven months will not confer a "settlement, unless the Sessions find that it was "fraudulent, and that a year's service was in"tended, though only eleven months were expréssed."‡ But if it appear that the servant was hired to work by the piece this shall not be considered Hiring to as a general hiring for a year.§ work by the piece. * Burr. S. C. 823.-5 Term R. 447. + Cald. Ca.. 440... 3 Term R. 76.9 § Burr. S. C. 513. By the week Hiring indefinite, wages reserved weekly. Special hir ing. So, if it appear that the servant was hired as a weekly labourer, it shall not be considered as a general hiring for a year.* And where nothing is said, in a contract of hiring, about the time, but a reservation of weekly wages, it is a weekly hiring only.† But although the hiring be at so much per week, yet if the hiring was intended to be for a year, or if it appear from circumstances to have been general, the reservation of weekly wages will not controul that hiring. After the subject of general hirings had been pretty well disposed of, then special hirings, and conditional hirings, and customary hirings, became subjects of controversy. On these points a few determinations will be sufficient. A hiring for a year, to be paid according to the work done, is a good hiring, and a service for the year under it completes all that the statute requires.§ So, a hiring for three years at so much per week, to work twelve hours, and to be paid for extra hours, is a good hiring. So, hiring for eleven months, and to give the master a month's service in, beyond the eleven * 2 Term R. 453.: 5 East's R. 582. § Burr. S. C. 152. |