Mr. Justice Bayley. It is not necessary to decide whether the act 4 Geo. 4. c. 34. does apply to persons employed in the silk trade, although it may be material to observe, that, before that act passed, there were certain acts in force applicable to persons engaged in that trade, and providing for the determination of disputes between masters and workmen (21). Now the act 4 G. 4. c. 34. is entitled "An act to enlarge the powers of justices in determining complaints between masters and servants, and between masters, apprentices, artificers, and others," and it recites two former acts, 20 Geo. 2. c. 19, and 6 Geo. 3. c. 25, and another act, 4 Geo. 4. c. 29, applicable only to cases of apprenticeship, and declares that it is expedient to extend the powers of "the said acts." The 20 Geo. 2. c. 19. contains the same general description of individuals as is contained in this act, except that the words "labourer or other person," are substituted for "other labourers." The words "labourers and others," however, had been introduced in the act, 6 Geo. 3. c. 25. s. 4, and are obviously equivalent to those employed in the present statute, and therefore it should seem that those expressions do not give the power contended for, if the construction of the words "the said act," is to confine the enlarged authority to cases only within those acts. Without now giving any opinion on that question, let us see whether this conviction or commitment comes within the act of parliament. The third section enacts, "that if any servant in husbandry, or any artificer, calico-printer, handicraftsman, miner, collier, keelman,

(21) By 10 Geo. 4. c. 52, the provisions of 4 Geo. 4. c. 34. are extended to all persons engaged, whether as masters, servants, apprentices, or otherwise, in the several manufactures, trades, and occupations mentioned in 17 Geo. 3. c. 56.

pitman, glassman, potter, labourer, or other person, shall contract with any person or persons whomsoever to serve him, her or them, for any time or times whatsoever, or in any other manner, and shall not enter into his or her service according to his or her contract (such contract being in writing and signed by the contracting parties), or, having entered into such service, shall absent himself or herself from his or her service, before the term of his or her contract, whether such contract shall be in writing or not in writing, shall be completed, or neglect to fulfil the same, or be guilty of any other misconduct or misdemeanor in the execution thereof," then it shall be lawful for the Justice to commit the offender to the house of correction, &c. Looking, then, at the title of the act, and at this clause, it is clear to me that the party, to come within its enactments, must not only be a person within the descriptions enumerated, but must also have contracted to serve, or have entered the complainant's service. But there is a plain distinction between a contract to receive and to act as a servant, and a contract between individuals that, for a sum certain, specified work shall be done. A man might contract with many different persons to do work for all, and by so doing would not properly be brought within the meaning of this act, and could not be said to have contracted to serve each; for where a party is a servant, he is so exclusively to one master. On looking further at the conviction and commitment, we find it does not appear that the party, within the words of the act, contracted to serve for any time, nor does the evidence state what the contract was, but merely says what was the usual practice of the weavers employed by the complainant. That, however, would not be conclusive on all the weavers, as the obligations of each would depend on his engagement.

Mr. Justice Littledale.-I am also of opinion, that this case is not within the 6 G. 4. c. 34. In order to become liable to the jurisdiction of the Magistrate under this act, the party must be in the service of the master at the time of the complaint, or he must have made a contract in writing to enter that service. On the face of this

commitment, there is nothing like a service or a contract to serve. I also think, that the case is not within 17 Geo. 3. As to the contemplation of the relation of master and servant, there is nothing to contradict the supposition that the party convicted was a person only casually employed as a weaver. The commitment therefore is bad in every point of view.

Mr. Justice Parke.-The service contemplated by the act, is a service for a definite time, or till some particular thing is done.

From this conviction, it might even be inferred that the party had not wove the silk at the prices agreed upon, and that this was the subject of complaint. The commitment therefore is not supported by the conviction. It does not appear that the party was in Hall's service for this particular purpose, and he may have been in his employ for a service of a totally dissimilar description.

Rule absolute to enter a verdict for the plaintiff.

ΤΟ

Abatement-Rules for, between Annuitants and Le-
gatees, where they are to abate proportionally, 105
Account-Some individuals of a class may file a bill
on behalf of themselves and the others of that
class praying an account, though the plaintiffs
have executed separate releases, barring their
right; the bill charging the releases as obtained
fraudulently, 129

A large demand established after more than
twenty years, against the estate of an accounting
party, though no evidence of the particulars of
the demand, 141

Accruer and Survivorship-Construction of bequest
as to how and amongst whom a fund divisible, 93
Advancement-What is, to a child, with reference to
the particular language of an instrument, 98
See Covenant.

Advowson. See Charitable Use.
Appointment. See Power of Appointment.
Army Agents Money imprested by the crown into

the hands of, for payment of officers, and not de-
manded by them, to whom it belongs, 1
Award-A decree having ascertained the plaintiff's

right to relief, the amount due to him was ascer-
tained by reference and award-such award not
binding, the decree on appeal having been re-
versed, 150

Bankers-entitled to compound interest and to half-
yearly or quarterly rests, where, 108
Bankrupt not bound to answer questions crimi-
nating himself, 148

Such questions being put generally with others,
may decline answering any part, where, 148
Bankruptcy-Proof of debt on estate of bankrupt—
trustee forging power for and selling stock, 10

B having two bills of exchange accepted by A,
both of which are dishonoured, and A is declared
a bankrupt, B may prove for the amount of one
VOL. VII.

bill, and proceed at law against A for the other,
where, 27
Bankruptcy-Order to enrol proceedings under 6
Geo. 4. c. 16. s. 96, how to be obtained, 77

Who servants within that act, s. 48,-78

· Debt claimed-dividend declared-and as-
signee reserves dividend in his own hands and
becomes bankrupt-claiming creditor must bear
the loss, 76

Machinery of iron works mortgaged-how far
not within the order and disposition of the bank
rupt, though in his possession, 108

Assignees, and not petitioning creditors, liable
to costs, on supersedeas, where, 139

Supersedeas as to one, the commission being
against four-effect of, as to the validity of the
commission as against the three, 183

See Bankrupt. Contingent Debt. Declaration of
Trust. Division of Surplus. Forgery. Imperti-
nence. Life Interest. Notice of Bankruptcy. Pro-
secution of suit without consent of creditors.
Baron and Feme-By a settlement before marriage,
part of the wife's fortune was settled; and "all
other the personal estate to which she was, or
might be or become entitled, was to vest abso-
lutely in the husband by right of marriage:" she
survived her husband: a contingent reversionary
interest held to belong to the wife, where, 95
See Renewed Leases.

Bill of Discovery exposing to penalties. See
Pleading.

See Discovery.

Bill of Review-General rules as to, when and for
what, and how and upon what terms a supplemen-
tal bill in the nature of a bill of review may be
filed, 49

Cestui que trust As to dealings with, by his

trustee, 6

A

See Visitatorial Power of the Crown.
Charitable Use-Construction of a will: that the
whole profits of the property devised were devot-
ed to charity; and that a lease of the premises for
500 years was void, as being an improvident act
in the management of a charity estate, 115
An advowson may be given to, ib.
Next presentation of such advowson.
Presentation to a Living.

See

Compensation-None as between devisees of a luna-
tic, where estates sold to pay debts exclusively
out of lands given to one set of devisees, 128
Compound Interest. See Bankers.
Compromise-Deed of, as to doubtful rights, will not
be set aside, where, 6

Party, unsuccessfully attempting to set it
aside, ordered to pay costs, ib.
Construction of Statute-6 Geo. 4. c. 16. ss. 8, 18,
48, 96, 132, 227,—60, 75, 77, 78,—173
Construction of Will-Estate tail not implied,
where, 20

Construction. See Covenant.
Contempt. See Notice.

Contingent Debt-at the date of a commission issued
before 1st September 1825, but which, before
that time, had ceased to be contingent, not prove-
able under such commission: [since overruled ou
appeal] 58

Coroner-What a sufficient residence within the
county, to justify election of, 61

Corpus of a Fund-Effect of limitation for wife's

separate use for life-as to the corpus of a fund to
which she afterwards became entitled as next of
kin, 41

Costs. See Compromise. Demurrer.

Covenant-Construction of, in a marriage settle-

ment, as extending to give parties claiming to be
interested, the same shares which younger chil-
dren received either during the covenantor's life,
after the date of the settlement, by way of ad-
vancement, or took on his death, 3

Construction of, that one child should be en-
titled to a share of the father's property, equal to
the fortunes or advancements of the most favoured
child, 98

Covenant to surrender Copyholds-Effect of, as re-
voking a prior will, 38
Custom-that a rector shall occupy, in severalty,
part of a fen in lieu of tithes of the whole, 158

Declarations-made by a testatrix to her solicitor at
the time of her making her will-admissible in
evidence, where, 136

Declaration of Trust-of leaseholds-bankrupt trus-
tee of, though not under written declaration, may
make after his bankruptcy, 2

Demurrer for want of Parties-A suit cannot be in-
stituted for an account of assets of a testator pos-
sessed by an executor in Honduras, unless the
will is (or a sufficient reason assigned why it is
not) proved here, 43
Demurrer-to an amended bill-original bill answer-
ed, 161

allowed to amended bill-suit out of court-

Devise--construction of.

See First Son.
Discovery exposing to Penalties. See Plea.
Division of Surplus of Bankrupt's Estate-132nd sec.
of 6 Geo. 4. c. 16. not retrospective, so as to give
interest to simple contract creditors, 60
Election-Construction of a will, as to, 98

between will and deed of appointment-case
of, 136

Equitable Waste-where estate, settled in a course
of limitations-to whom the produce of equitable
waste belongs, 150

Estates Tail-by implication. See Construction of
Wills.

Evidence. See Declarations.

Examination of a party may be read on further
directions, for the purpose of having inquiries
directed, though no foundation for those inquiries
appears on the report itself, 120

Executory Devise over-when to take effect, 182

Farm Modus-Mode of Pleading, 106
First Son-Held, (though not enumerated among
the sons named in the devise) to be included as
devisee in tail male, from the spirit and general
context of the will, 185

Foreign Governments not recognized by the King of
England-Illegality of purchasing obligations or
securities granted by, 65

Bill of Discovery, in aid of an action to recover
money arising out of a contract for the purchase
such securities and fraud alleged, &c., not en-
tertained, ib.

Upon demurrer, the Court's competency of its
own knowledge to recognize the fact of such non-
recognition-though the contrary averred in the
pleadings, ib.

Forfeiture. See Life Estate.

Forgery-Non-prosecution for-proof of amount of

stock sold under a forged power against the estate
of the party forging and his partners, bankers and
bankrupts, who under such power, became pos-
sessed of the proceeds, 10

Fraud. See Bill of Discovery. Releases fraudulently

obtained.

Furniture what included under the description of,
in a bequest, 87

Grandchildren. Term grandchildren in a will ex-
tended, so as to include great-grandchildren, 176
Impertinence-A petition may be referred for, al-
though the respondent on a former occasion suc-
ceeded in a formal objection to it, 139
Infant. See Jointure in bar of Dower.
Injunction-Motion for, in an interpleading suit-
what affidavit required, 175

Inquiry on Further Directions. See Examination.
Jewels-Construction of a complicated bequest of, 31
Joint Stock Company-empowered to sue and be
sued in the name of their chairman-cannot sue a
shareholder in that manner, 125