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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Employment - From: 1200 To: 1799

This page lists 9 cases, and was prepared on 02 April 2018.

 
Caase XLIV Co Lit 3 B Hob 148 5 E 4 Mich Rot 66 Br Office, 48 9 Co 97 B Dyer, 4 &Amp;Amp [1220] EngR 713; 5 Mar 150 11 Co 89, The Earl of Devons case Office, Grants, Nonability; (1220-1623) Jenk 121; (1220) 145 ER 85 (B)
1220


Employment
The King's grant of an office which requires skill, as in the Common Plea or King's Bench, to an unskilful man, is void ; even though it be made to him and his assigns. A grant of an office of skill to an inifant, to he exercised in presenti, is void ; but if in futuro, arid that he be of full age and expert, when the ottice is to be exercised, the grant is good. The Bishop of Rochester granted the office of register there to A, for life, and after the death of A to B an infant ; at the time of the death of A. H. was become of full age, and being expert was capable of the office; this grant is good.
[ Commonlii ]
 
Patrick Campbell of Knapp, and Others, Burgesses and Inhabitants of The Burgh of Campbelton v John Hastie, Rector or Head-Master of The Grammar School of Campbelton [1772] UKHL 2_Paton_277; (1772) 2 Paton 277
14 Apr 1772
HL

Scotland, Employment
Public Office - Schoolmaster in Burgh - Appointment.- A schoolmaster, appointed by the Magistrates and Town Council of Campbelton, without any mention being made as to whether his office was for life or at pleasure: Held that it was a public office, and that he was liable to be dismissed for a just and reasonable cause, and that acts of cruel chastisement of the boys were a justifiable cause for his dismissal; reversing the judgment of the Court of Session
[ Bailii ]
 
Swinney v Tinker, Master [1774] EngR 32; (1774) Burrell 139; (1774) 167 ER 510
1774


Employment
Must sailors shovel out potatoes of the hold into sacks for the ordinary wages, or to be paid extra for such duty?
[ Commonlii ]

 
 Leathley v Webster; 1790 - [1790] EngR 1079; (1790) Say 251; (1790) 96 ER 870 (C)
 
Jeynes Qui Tam v Stephenson [1790] EngR 976; (1732, 1756, 1790) Bar N 124; (1790) 94 ER 837 (F)
1790


Employment
Action for working as a glover without having served the apprenticeship.
[ Commonlii ]
 
The King And The Informer v Fredland [1792] EngR 2554; (1792) Cro Car 499; (1792) 79 ER 1030 (B)
1792


Employment
A hemp-dresser is not a trade within the 5 Eliz c4 s31
[ Commonlii ]
 
Frith v Torin [1792] EngR 884; (1792) 1 Ld Raym 738; (1792) 91 ER 1394 (A)
1792


Employment
Serving an apprenticeship abroad will intitle a man to follow his trade here.
[ Commonlii ]
 
Cutter v Powell [1795] EWHC KB J13; [1795] EngR 4125; (1795) 6 TR 320; (1795) 101 ER 573
9 Jun 1795
KBD

Contract, Employment
The plaintiff's estate sought payment from the employer who had agreed to pay the deceased thirty pounds for an entire voyage. The plaintiff died part way through the voyage. The estate argued for payment on a quantum meruit. Held: The court found there was no standard custom and practice. The contract was for an entire service. It was a condition precedent for payment that that service be completed. It had not been, and no payment was due. Ashurst J said: "This is a written contract, and it speaks for itself. And as it is entire, and as the defendant's promise depends on a condition precedent to be performed by the other party, the condition must be performed before the other party is entitled to receive any thing under it. It has been argued however that the plaintiff may now recover on a quantum meruit: but she has no right to desert the agreement; for wherever there is an express contract the parties must be guided by it; and one party cannot relinquish or abide by it as it may suit his advantage."
[ Bailii ] - [ Commonlii ]
 
The Parish of Austwick v The Parish of Clapham In Yorkshire [1799] EngR 53; (1799) 1 Wils KB 158; (1799) 95 ER 548 (B)
1799


Employment
Michael Wilson a poor boy, with the assent of two justices, was bound apprentice to Thomas Jackson of Austwick, who was tenant to Thomas Jackson, clerk of Clapham, who had agreed to indemnify T Jackson of Austwick, who sent the pauper the next day to Mr Jackson of Clapham, with whom he stayed about seven or eight weeks, and attended his sheep, and then ran away to his mother, whereupon Mr J of Clapham agreed the pauper should stay with his mother, and that he would pay her for the boy’s board and clothes, which he did for between two and three years ; afterwards Mr Jackson of Clapham agreed with the boy’s brother, who was a mason, and lived at Austwick, that the boy should serve him for the remainder of the time in the indenture ; accordingly the boy did serve his brother the mason at Austwick the remainder of the time.
By the order of two justices, which was confirmed by the sessions, the boy was removed to Clapham; and now Mr Clayton, on behalf of the parish of Austwick, came to shew cause why both the orders should not be quashed ; and objected, that although one master might consent that his apprentice might go to another master and serve out his time with him, yet that a second master could not turn him over to a third, as has been done here ; for if so, the apprentice might be turned over to forty different masters; and therfore he said the pauper was well settled at Clapham, where his last legal service was.
[ Commonlii ]
 
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