Willett, Appellant v Boote and another, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 24 June 1860 |
| Date | 24 June 1860 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 11
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 30 L J. M. C. 6; 3 L T 276.
WiLLETT, Appellant l\ boote AND another, Ee^ndunt^ June 24, 1860-By agreement in writing the appellant agreed to serve the respondents, putters, as a biscuit-oven placer, at daily wages, for twelve months. By another agreement of the same date R agreed to ser\e 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 ttie relation of master and ser vant subsisted between the respondents and the appellant, notwithstanding his wages were paid by R., and consequently he was pioperly convicted under1 the 4 (4eo. 4, c 34, for absenting himself from the respondents' service. [S. C. 30 L. J. M C. 6; 3 L T 27(5 ] The following case was stated for the opinion of this Court, pursuant to the 20 & 21 Viet, c 43 The respondents are manufacturers of earthenware at Burslem in Staf-[27]-fordshire The appellant is a journeyman ovenman On the 20th March, I860, the appellant was summoned befoie a justice of the county of Stafford upon a complaint, that "he, the appellant, having contracted and agreed with Thomas Hoote and Richard Boote, under a written agreement, to herve them in then1 business of earthenware manufacturers a^ a bibciut-oven placer, at Burslem in the said county, from the llth of November, 1859, to the llth of November, I860, did, on the 25th of Februaiy, arid on subsequerrt days to the date of the complaint, unlawfully mis-demean, 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 loth of November, 1859, the appellant agreed to serve the respondents as a biscuit-oven placer, from the llth of November, 1859, to the llth of November, I860, at four shillings a day. The agreement was as follows .- 12 WILLETT ?'. BOOTE 6 H & N 28 " This agreement, made this 15th day of November, 185!), between Thomas Boote and .Richard Boote, copartners, of Burslem iri 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 tib '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 consider ation of the wages or pi ices [28] 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 then respective names in the hr&t Schedule hereto, at Burslem, in the said county, faithfully, honestly, and diligently, from the llth day of November, 1 S5(J, until the I Ith day of November, I860 (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 tegular and usual working hours , to execute their lawful commands, preser ve their secrets, advance then interests to the utmost of their power, and in all respects to behave as honest and faithful sen ants And the said workmen agree to be satisfied with such work as the said putters can fairly and reasonably proude for them during the said term, and to be subject to the rules of their manufactory. And in consideration of the premises, the said potteus hereby agree separately with the said workmen (and so as to constitute a separate contract with each workman) to receive the said workman into then employ merit as aforesaid, and to find them respectively a reasonable proportion of work, and to pay them for the same, rn respect of the articles or things mentioned in the second Schedule hereto subjoined, the wages or prices expressed in the same Schedule, and in lespect of any articles or things...
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The Queen, on the Prosecution of Mappin and another, Respondents, Youle, Appellant
...an appeal is given by the 6 Geo 3, c. 25, but it is taken away if that statute is repealed He also referred to ffillett, App., Boole, Re^ (6 H & N. 26) Mellish replied. POLLOCK, C B. I am of opinion that this adjudication arid corrviction cannot be sustained, because it appears to me that t......