months, is a good hiring for a year. The real question is no more than, "Whether eleven months and one month make twelve months ?" There are no particular technical words necessary to make a hiring for a year. The substance of this agreement is, to serve twelve months, and what signifies the variation of expression? Every contract to serve, is a contract to serve for a year, unless there be something to explain it otherwise.* So, if the servant be hired for a year, with permission to be absent for a month to attend his duty in the militia, upon finding another to do his master's business: a service under this hiring will gain a settlement.† So, if it be the custom of the country to let Conditional the servant have every Sunday and holyday hiring. throughout the year to himself, the servant, notwithstanding he uses this privilege, will, on a hiring for a year, and by serving that year, gain a settlement. 1 'But if, upon the hiring, it be agreed that the service shall be only during certain hours in the six working-days, and that all the rest of the time, as well as on Sundays, the servant shall be at liberty and his own master, this is not a good hiring for a year. * Burr. S. C. 433. + lả. 753. + Id. 671. Customary hiring. So, if it be agreed, on the hiring, that the servant shall be at liberty to serve elsewhere for the harvest month, this is not a good hiring for a year. As, where a pensioner of the East-India Company hired himself as a servant for a year, with a reservation to himself of two days in each half-year, in order that he might go for his pension, he was held not to have gained any settlement by a service under such contractį for, by the Court, "here was an express exception of four days in the year, during which the pauper was not to be under the controul of the master.+". A hiring for a customary year, as from Whit suntide to Whitsuntide, such hiring being intended for a year, and so considered by the par ties, is a good hiring for a year, although it fall short of 365 days.+ So, if the pauper be hired at a fair held the day immediately after Old Michaelmas, to serve till the Old Michaelmas-day following; this will be a sufficient hiring for a year, for the days shall be taken inclusively.§ For, as it was observed by Lord Mansfield, in the case which is here selected in support of *Burr. S. C. 439. 1 East's R. 599. 1 Term R. 694. Burr. S. C. 719. the doctrine advanced, "there must be a hiring for a year. It has been determined, that a hiring from one moveable feast to another, is a sufficient hiring, being according to the custom of the country, although there should not be 365 days: on the other hand, a hiring two days after Michaelmas to the next Michaelmas, has been determined no good hiring; and therefore the question is, Whether here was a hiring for a year? Great criticism has been made on the word till; it may, or may not, be exclusive, according to the subject matter, Here the custom is very material to explain it; the custom is to hire from the next day after Michaelmas. If this be wrong, there can be no settlement gained in this part of the country by a servant." But in another case, (in perfect conformity however with the last, if the discrimination be properly attended to) a different conclusion was drawn. The pauper went to the market-town of Otley, where there is a custom for servants to hire by the year, at two different Statutes; one held on the Friday before Old Martinmasday, the other on the Friday next after Old Martinmas-day; at which latter Fair, they al ways hire till the Old Martinmas-day following, which by the custom is considered as a hiring for a year. Old Martinmas-day 1774, was on the Tuesday; and on the Friday following, being the second Statute-Fair, the pauper hired Retrospec -- hired himself to serve a person in Harwood, till the Old Martinmas-day following; which person he accordingly served in Harwood till the Old Martinmas-day following. This being a hiring for three days less than a year, the Court were clearly of opinion, that this was not a sufficient hiring for a year; and Buller, J. observed, That "there is no case in which a hiring, which must necessarily be less than a year, has been adjudged to give a settlement," and it would be dangerous to make a new precedent of that sort; all the cases agree that there must be a hiring for a year. f In estimating the precise value of the word until it is necessary to observe further, that, not only the circumstances of the particular case must be the guide of interpretation, but that, (as was said by the Court of B. R. on another case,) there is no fraction of a day, and therefore a settlement will be complete where the minutest part of a day being included will make up the year's service, or 365 days.† 1 A retrospective hiring cannot be admitted tive hiring. in any case to make a settlement, for it would be nonsense to make a contract for a time past. And, on a point so obvious, a single authority will be sufficient, especially as it was one which has always been relied on, in cases of this description. * Cald. Ca. 100. † 1 Term R. 490. A gentleman of the parish of Ilam, hearing that the pauper was a likely boy to serve him as his postilliou, sent to have him upon liking. After the pauper had served eight weeks on liking, his master hired him for a year, to commence from the beginning of the said eight weeks. He accordingly served his master in the said parish of Ilam, including the said eight weeks, a year and ten days, and no longer, -The Court held this case to differ from all, former cases. The question was, whether here be a hiring for a year? It is agreed, that there must be a hiring for a year, and a service for a year, to gain a settlement, and that a re trospect will not do; which latter is the case here; for the lad came upon liking; and at that time there is nothing stated of a hiring, during which eight weeks both parties were at liberty. They therefore held this to be no settlement,* conditional dered com But an hiring for a quarter of a year, and if Prospective the master and servant like one another, to hiring rencontinue for a year, is a good hiring for a year, plete by serfor the Court held the conditional hiring to be vice. a good hiring for a year; because the master and she did like one another, and a year's service was actually performed under it.† But though the hiring be allowed to be con; * Burr. S. C. 304.-Cald. Ca. 23. † Id. 289. |