1834. The KING against The Inhabitants of BUCKINGHAM. Saturday, Jan. 18th. ON appeal against an order of two justices whereby Pauper was /22E-75 Thomas Burnell, his wife and children, were removed from Maidsmorton to Buckingham, the sessions con- hired for a year as a foot man and groom, by a West India planter, resid- went into the in February 1828, and in May following engaged to bind himself to serve the same mas ter at Berbice as clerk and overseer for day of his at a certain after their arrival at Ber- Mr. Smithson, being a West India planter, was about three years board and lodging, and doctors' charges, as is usual entered on the office of over seer and clerk, but he also act as servant, and did so until the following February, for overseers in Berbice. On the preceding day (May when they returned to pauper acting in the capacity of servant on the homeward voyage and after his arrival in England. No further contract had ever been entered into for the pauper's service as overseer. The master paid him his footman's wages till the time of their going abroad, and, on their return home, paid him 201. as salary for the service in Berbice; after which he gave him weekly wages, under a new agreement: Held, that there was no dissolution of the first contract, and that the pauper having served forty days under the first hiring, gained a settlement in M. 1834. The KING against The Inhabit ants of BISHOP the churchwarden and overseers of the poor of the parish of Bishop Wearmouth, but there were no overseers of the poor of that parish. It was not served on the overseers of the township of Bishop Wearmouth, but of WEARMOUTH. Bishop Wearmouth Panns. I doubt, therefore, whether the inhabitants of the township of Bishop Wearmouth had any right to appeal, because, not being bound to receive the paupers, they were, to a certain extent, volunteers. At the same time, as the order was served on the churchwarden of the parish, who was, in some respect, the representative of all the townships within it, and he, in fact, placed the paupers in the workhouse of the township, the officers of the latter may be considered as having received and maintained the paupers under the order, and may have thought it obligatory on them so to do, and, consequently, that the township might be aggrieved by it. I therefore yield on this point (though not without much doubt) to the opinion of my Lord and my Brother Littledale. Order of sessions quashed. 1834. The KING against The Inhabitants of BUCKINGHAM. Saturday, Jan. 18th. ON appeal against an order of two justices whereby Pauper was 22-75 Thomas Burnell, his wife and children, were removed from Maidsmorton to Buckingham, the sessions confirmed the order as to some of the paupers, subject to the opinion of this Court on the following case:The birth settlement of the pauper Thomas Burnell was in Buckingham. On the 28th of February 1828 he was hired by Henry Smithson, Esq. of Maidsmorton for a year, as a footman and groom, at the wages of 71. and a suit of livery. On the following day he went into the service and continued until the 9th of May following. Mr. Smithson, being a West India planter, was about to visit his property in Berbice, and on the 9th of May, came to an agreement with the pauper whereby the latter engaged to bind himself to serve Mr. S. in Berbice as overseer and clerk, on his plantations, for the term of three years from the first day of his arrival in Berbice, at the salary, for the first year, of 15l., for the second 20%., for the third 301. current money in Berbice, and Mr. S. promised to pay the above money as it became due, (the first named doing his duty,) and to find him his board and lodging, and doctors' charges, as is usual hired for a year as a foot man and groom, by a West India He wages. went into the in February 1828, and in May following engaged to bind himself to serve the same mas ter at Berbice as clerk and overseer for day of his at a certain salary. Soon after their arrival at Ber- entered on the office of over seer and clerk, but he also act as servant, and lived in his master's house, and did so until the following for overseers in Berbice. On the preceding day (May when they returned to pauper acting in the capacity of servant on the homeward voyage and after his arrival in England. No further contract had ever been entered into for the pauper's service as overseer. The master paid him his footman's wages till the time of their going abroad, and, on their return home, paid him 201. as salary for the service in Berbice; after which he gave him weekly wages, under a new agreement: Held, that there was no dissolution of the first contract, and that the pauper having served forty days under the first hiring, gained a settlement in M. 1834. The KING against The Inhabit ants of BUCKINGHAM. 8th) Mr. Smithson paid the pauper 17. 16s. 9d. the amount of three months' wages. The pauper continued with Mr. Smithson at Maidsmorton till the 12th of May and the same day went with him to London, where they continued until the 20th, when they embarked for Berbice. The pauper acted in the capacity of servant to Mr. Smithson during his stay in England, after he quitted Maidsmorton, and during the voyage. They arrived at Berbice on the 10th of August following. A few weeks after landing they remained at a friend's house, and the pauper lived with Mr. S. as servant, and they then proceeded to Mr. Smithson's plantation at Berbice. The pauper then entered into the office of overseer and clerk, and acted also as servant about the person of his master and lived in his master's house. This continued until February following (1829) when Mr. Smithson having declared his intention of returning to England, the pauper expressed his desire to return also. Mr. Smithson at first objected, but ultimately consented, and the pauper did accordingly accompany his master to England, acting in the capacity of his servant as on the outward voyage. They landed in London on the 10th of May 1829, and the pauper continued there until the 14th, when they returned to Mr. Smithson's residence at Maidsmorton, and the pauper continued to act as his servant in the house until the 1st of June, without any thing having passed as to hiring or terms of service. Three or four days before the 1st of June, Mr. Smithson told the pauper he meant to give him 20l. as his salary up to that time, of which he then gave 10., and promised him the remainder whenever he should want it. On the 1st of June the pauper was married, and the same day, pre vious to the marriage taking place, Mr. Smithson and the pauper came to an agreement for the pauper's service as weekly servant at 4s. a week, to live and board in the house as before. Pauper continued in such service until the September following, and then left and received the remaining 10%., his weekly wages having been regularly paid. The pauper was never absent from Mr. Smithson's service a day from its commencement in February 1828 to its determination in September 1829. The whole amount of wages received by the pauper for his service to Smithson was the sums of 17. 16s. 9d., 20l., and the weekly wages. The question for the opinion of this Court was, whether under the circumstances above stated, the pauper gained a settlement in Maidsmorton. B. Monro in support of the order of sessions. The pauper did not gain a settlement in Maidsmorton: the contract of hiring of the 28th of February 1828, as footman and groom, was dissolved by the agreement of the 9th of May, whereby the pauper engaged to bind himself to serve his master as overseer and clerk in the plantations for three years; Rex v. Great Chilton (a) is in point. There, an unmarried man was hired for a year from Martinmas, as a a servant in husbandry at 87. a year, with meat, washing, and lodging. In the succeeding January he married, but continued with his master as a menial servant until the ensuing May-day; some days before which, the master and pauper agreed that the pauper should go (with his wife) as a hind, to reside on, and manage another farm of his master's in (a) 5 T. R. 672. 1834. The KING against The Inhabitants of BUCKINGHAM. the |