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1860.

CLEAVE

v.

HARWAR

fied as regards this defendant only, yet, in proceedings against other shareholders, the plaintiff would have to shew that the satisfaction was under the act of parliament, otherwise it would be presumed that the judgment was satisfied, in the ordinary way, by payment. We are therefore of opinion that the rule ought to be absolute to stay the proceedings, and the remaining question is upon what terms. It seems to us that we cannot impose any terms, because the statute has provided that the certificate shall be given on such terms as to the payment of the costs of any actions, suits, or other proceedings as the person granting the certificate shall think fit to direct. That may be a hardship on the plaintiff, who may not have been present when the certificate was granted, or have had an opportunity of being heard upon the matter; but looking at the discretion as to costs given to the persons who grant the certificate, we think it ought to be exercised by them, and if not, it ought not to be assumed by us. The rule will therefore be absolute to stay the proceedings.

Rule absolute accordingly.

June 24.

By agreement

in writing

WILLETT, Appellant, v. BOOTE and Another, Respondents.
THE following case was stated for the opinion of this

the appellant Court, pursuant to the 20 & 21 Vict. c. 43.-The respond

agreed to serve the respondents, potters,

ents are manufacturers of earthenware at Burslem in Staf

as a biscuit-oven placer, at daily wages, for twelve months. By another agreement of the same date R. agreed to serve the respondents for the same period as biscuit-oven fireman, to be paid by piece work, he paying the appellant wages out of what he earned.—Held, that the relation of master and servant subsisted between the respondents and the appellant, notwithstanding his wages were paid by R., and consequently he was properly convicted under the 4 Geo. 4, c. 34, for absenting himself from the respondents' service.

On

fordshire. The appellant is a journeyman ovenman.
the 20th March, 1860, the appellant was summoned before
a justice of the county of Stafford upon a complaint, that
"he, the appellant, having contracted and agreed with
Thomas Boote and Richard Boote, under a written agree-
ment, to serve them in their business of earthenware manu-
facturers as a biscuit-oven placer, at Burslem in the said
county, from the 11th of November, 1859, to the 11th of
November, 1860, did, on the 25th of February, and on
subsequent days to the date of the complaint, unlawfully
misdemean, misbehave and misconduct himself in his said
masters' service, (to wit) that he did unlawfully neglect and
absent himself from his said masters' service without having
given to his said masters any notice thereof, without the leave
of his said masters, and did neglect to perform part of his said
work and to obey the lawful commands of his said masters,
and without any sufficient reasons for so doing, contrary to
the statute," &c.

On the hearing of the complaint the following facts were proved:-By an agreement dated the 15th of November, 1859, the appellant agreed to serve the respondents as a biscuit-oven placer, from the 11th of November, 1859, to the 11th of November, 1860, at four shillings a day. The agreement was as follows:

"This agreement, made this 15th day of November, 1859, between Thomas Boote and Richard Boote, copartners, of Burslem in the county of Stafford, potters, hereinafter called the said potters' of the one part, and the several other persons whose names are mentioned in the first Schedule hereto affixed, who are hereinafter described as the said workmen' of the other part: Whereby the said workmen (each of them agreeing for himself only, separately from the others of them, so as to constitute a separate contract) do hereby in consideration of the wages or prices

1860.

WILLETT

บ.

BOOTE.

1860.

WILLETT

v.

BOOTE.

EXCHEQUER REPORTS.

hereinafter mentioned or referred to, contract and agree to serve the said potters as potters, that is to say, in that branch of a potter's business mentioned opposite to their respective names in the first Schedule hereto, at Burslem, in the said county, faithfully, honestly, and diligently, from the 11th day of November, 1859, until the 11th day of November, 1860 (the usual holidays excepted); during all which period the said workmen agree to do and perform their work in a good, skilful and workmanlike manner, and to attend to the business of their said employers during the regular and usual working hours; to execute their lawful commands, preserve their secrets, advance their interests to the utmost of their power, and in all respects to behave as honest and faithful servants. And the said workmen agree to be satisfied with such work as the said potters can fairly and reasonably provide for them during the said term, and to be subject to the rules of their manufactory. And in consideration of the premises, the said potters hereby agree separately with the said workmen (and so as to constitute a separate contract with each workman) to receive the said workmen into their employment as aforesaid, and to find them respectively a reasonable proportion of work, and to pay them for the same, in respect of the articles or things mentioned in the second Schedule hereto subjoined, the wages or prices expressed in the same Schedule, and in respect of any articles or things not specified in the same Schedule, the same wages or prices as have been paid by the said potters for the same work during the year, commencing on the 11th day of November last. And it is hereby agreed that if the said workmen, or any of them, shall, at any time during the existence of this agreement, be required by the said potters to execute any work (within their respective branches of a potter's business) not specified in the said Schedule hereto, and which has not been

executed at the manufactory of the said potters during the year commencing the 11th day of November last, the said workman or workmen shall execute such work on being paid a reasonable price for the same; such price, in case of disagreement, to be settled by arbitration in manner hereinafter expressed; and that, until the decision of the arbitrators shall be declared, the said workman or workmen shall continue to perform such work, and shall receive after the rate of four shillings per day on account of his or their wages in respect thereof. And further, that if any dispute arise between the said parties, or any of them, as to the prices or wages to be paid to the said workmen or any of them by virtue of this agreement, such dispute shall (on the request in writing of either of the parties in dispute, within fourteen days after the question shall have arisen) be referred to the decision of six arbitrators, three of whom shall be manufacturers and shall be chosen by the said potters, and the remaining three arbitrators shall be working potters and shall be chosen by the workman or workmen with whom the question shall have arisen; such arbitrators to appoint some impartial and competent person as umpire; and the decision of such arbitrators and umpire, or the majority of them, shall be final and conclusive on both parties. And if either party shall (for seven days after notice in writing from the other of them requiring him or them so to do) fail to appoint his or their arbitrators, the other party may proceed alone, and such referees or the majority of them shall have full power, on the application of either party, to fix the time and place for entering on such reference, and to proceed therein whether both parties shall attend or not. Provided always, that if at any time during the continuance of this agreement, the said potters shall not within the period of four successive weeks find and give to any of the said workmen such work as afore

1860.

WILLETT

v.

BOOTE.

1860.

WILLETT

v.

BOOTE.

said for at least sixteen days (unless prevented by the acts or neglect of any other workman at the said manufactory) the workmen or workman to whom such insufficient work shall be given shall be at liberty to terminate this agreement as between himself and themselves and the said potters, upon giving four weeks' notice to the said potters of his or their desire so to do. And lastly, it is hereby declared that if, during the continuance of this agreement, any number of workmen shall withdraw from the manufactory of the said potters in violation of existing agreements, so as to prevent the general business of the said manufactory from being carried on, then and such in case it shall be lawful for the said potters to put an end to the several contracts hereby made or entered into or any of them. As witness," &c.

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"THE SECOND SCHEDULE ABOVE REFERRED TO."

(This Schedule was blank.)

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