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Laborers.
Servant for one year: The first Retainer by A. is defeated
and become
void. Br. 51. See 11 H. 6. 1. Br. 46. |
Chap. 58.
Fitz. 169. f. |
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' Yet the Retainer of a Servant for a Week, or for
so long as the Servant
' or Master shall like, is a good Retainer. Co. Instit. tit. Laborer. |
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If a Servant, who is retained, shall depart out
of his service, and wander,
he may be compelled to serve another Man; but yet the first Master may
take him away again. See Br. Notice, 2, 4. And besides,
it is safe to get
the consent of his first Master, for now by the Statute, 5 Eliz. c.
4. the Master
retaining a Servant that is departed out of Service, without shewing
before his Retainer, a Testimonial, shall forfeit Five pounds. |
Fitz. 168. |
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A Man that retaineth a Servant, ought to take notice
of every former
Retainer within the same County; otherwise it is of a Retainer in another
County, 17 E. 4. fol. 7. Br. Notice 20. |
P. 8. |
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And yet Mr. Fitzh. opinion was, That if one
retaineth another Mans
Servant (generally) not knowing that he was another Mans hired Servant,
he was not punishable therefore, except he should detain him after notice
thereof, but now the Master may and must take notice whether he hath a
Testimonial, or no (as it seemeth.) |
Fitz. 168. b.
Br. 7. 29, 33.
Dr. St. 149. |
§. 14.
Departure
of a Servant. |
If one taketh an Infant, or other Servant out of
another Mans Service,
this is punishable, thought the Infant or Servant was not retained; but
if
an Infant being retained as an Apprentice or Servant, fall to be a Ward,
the
Lord may take him from his Master, for the Lords title is more ancient;
yet here it seemeth the Lord ought first to give notice thereof to his
Master,
50 E. 3. 22. Br. Labor. 17. See Br. Notice 24. |
Fitz. 198 d.
Fitz. 143. 1.
Plo. 252. |
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If a Servant or Apprentice depart and flee into
another County, the Justices
of Peace may issue out a Capias against him into the County or place
whither
he is fled; and being taken thereon, shall be imprisoned till he give Surety
to serve as he ought. 5 Eliz. 4. |
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If a Servant depart, and be retained without
a Testimonial, he departing
shall be imprisoned until he procure it; and if he procure it not, within
Twenty days, he shall be used as a Vagabond; and the person that Retains
him without such Testimonial showed, shall forfeit Five pound. And
if any person be taken with a counterfeit Testimonial, he shall be whipped
as a Vagabond. |
5 El. 4. |
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Note that by the Retainer, the Servant is in service
presently by Law,
although he cometh not into his Masters service indeed, 41 E. 3. 20.
46 E.
3. 4. 47 E. 3. 14 Br. 9. 11. |
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If a Servant shall depart from his Master, his Master
may take him
again, and retain and keep him whether he will, or no. See the title
Surety for the Peace. And the Constable may take and bring
such Servant
to his Master again, Fitz. Labor. 56. |
Fitz. 168 P. |
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Any Artificer or Laborer that shall take any
piece of Work in Great,
in Task, or in Gross, or that shall take on him to make or finish such
Work, shall not depart from the same (unless it be for non-payment of
his Wages, or Hire, or otherwise taken to serve the King, or for other
lawful cause) without License, upon pain of imprisonment for one Month
without Bail, and Five pounds: For which, the party may have his
Action and Costs. 5 El. 4. |
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Putting away
a Servant,
Vide
antea. |
The Master cannot discharge his Servant, during
his term, &c. without
the Agreement of his Servant. And now by the Statute 5 El. 4.
it must
be for some reasonable cause to be allowed by one Justice of Peace, at
least, &c. Vide P. 5. otherwise the Master shall forfeit
Forty shillings.
Tamen quære. For where the departure or putting away
of the Servant, is
by the joynt consent of the Master, and of the Servant, such putting |
16 H. 6. 30
Br. 27. |
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