| Chap. 59. |
Laborers.
And now though such Child hath used Husbandry till
his age of
Twelve years, yet if he be not bound as an Apprentice to Husbandry,
(and that his Parents be not able to maintain him) then it seemeth, that
the Overseers for the Poor, by the assent of the Justices, may bind as
an Apprentice
such a Child, according to the Statute 43 Eliz. cap. 2. and that
by force
of the said Statute, P. tit. Poor, 23. And any person to whom
the Overseers
shall so bind such an Apprentice, may take, and keep him as his Apprentice,
&c. 1 Jac. 25. & 21 Jac. 28. |
127 |
2 H. 4. f. 13.
Br. 13.
Fitz. 168. 2. |
If a Woman who is a Servant, shall marry, yet she
must serve out her
time, and her Husband cannot take her out of her Mr. service. |
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A married Man and his Wife do bind themselves to
serve, they shall be
compelled to serve according to their Covenant or Agreement, Fitz. 168. |
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One under the age of Thirty years, and brought up
in Husbandry;
or a Maid-servant brought up in any of the Trades mentioned in the Statute
of 5 Eliz. 4. and not inabled to live (according to that Statute)
at his or
her own hands such persons living out of service; and not having visible
means
of their own to maintain themselves without their labor, and refusing to
serve
as an hired Servant by the year may be bound over to the next Sessions,
or
Assizes, and to be of Good Behaviour in the mean time; or may be sent to
the
House of Correction. Dier, 17. |
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But a man that holdeth Land of his Lord, to do certain
days works
yearly, shall not be compelled to serve. 40 E. 3. 39. Cromp.
185. |
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A Servant may be compelled to serve in Summer, in
the place were he
served in the Winter before. But this seemeth to have been only by
force
of the Statute made 25 E. 3. cap. 4. which Statute now standeth
repealed
by the Statute made 5 Eliz. cap. 4. |
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| Fitz. 168. b. |
If a Man who is not able nor sufficient to keep
a Servant, shall retain a
Servant, such Retainer is void. Br. 25.
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If a Man retaineth a Laborer or Servant, to serve
him according to the
Statute, though no Wages be spoken of upon the Retainer, ye the Retainer
is good, and they shall have such Wages as are assessed and appointed
by Proclamation, for that Wages are certain. See to this purpose
the
Book. 3 H. 9. fol. 23. Br. 1. |
§. 13.
What Retainer
is
good. |
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If a Man retaineth another, except the Retainer
be according to the Statute,
it seemeth to be void; wihtout it be by Indenture, and then being
by Deed, he is bound by his Covenant. See Fitz. N. B. f. 168. |
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If a Man retaineth upon Condition, it seemeth to
be a good Retainer.
See 11 H. 4. 42. Br. 23. |
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A Man retaineth a Servant to serve him, generally,
not expressing in what
Office, or in what Business as to say to serve him in Husbandry or in the
Office of a Book, Butler, Horse-keeper, &c.) yet such Retainer seemeth
to
be good. 21 H. 6. 9. Br. Labor. 29.
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A Man is retained to serve during his life, it seemeth
a good Retainer,
Br. 44. 2 H. 4. fol. 15. And so for three years
or more, Fitz. 168.
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A Man is retained for one year, to serve at any
time when he shall be
thereto required; this is no good Retainer. See 23 H. 6. 30.
Br. 31. |
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Fitz. 1. 9. b.
P. 1.
C. I. 42.b. |
Retainer of a Servant generally, without expressing
any certain term,
shall be for one year (in construction of Law) for that Retainer is according
to Law. " And this is now by 5 Eliz. cap. 4. made void,
unless it be
for a year, to certain Trades therein named. |
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A. retaineth a Servant for Forty days,
and after B. retaineth the same |
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