The Express.
London, England, 1847-12-30 00:00:00

Estleltignut.
CITY OF LONDON COUNTY COURT.
Before Mr. Comudidoner HOD*.

CM

Howe KAMP.—ill A GOVBRIMINI A flearstre I—This
wee an action brought to reviver the sum of 191. 12a, on a
breach of contract. The defendant denied that any breach
had taken plane.—Mr. Biegoosi—mid--in this case a point of
very considerable importance arose—namely, se to whether
• governess in a gebtlemen's family came within the mean-
ing of the law in eases of diemthe same as a common
servant. The defendant was • gentleman of property in the
City of London, and op the 6th of October, 1846, the plain-
tiff wag =gaged as governess to the defendant's children,
and In thiitituation she continued up to the 6th of June is
the present year. The defendant, in the above month, had
his bra reduced by death when, to the surprise of
the tiff, she received a month's notice from
Mrs. emp. The plaintiff bad been engaged at a
salary of 201. per annum, with her board and
washing. Now, what was contended for was, that
• governessdid not oome within the description of a
common *errant, and therefore was entitled to six months'
notice, and not • month, as custom had fixed between master
and servant. At the end of the month the defendant ten-
dered the sum of 31. 6s. 84., as the two months' wages,
which was refused. The plaintiff's claim was as follows; for
six months' wages, in lieu of notice, 101.; for board and
washing for the period of five months, at I2a. per week,
91. 12a ; making • total of 191. 124. By one of the defend.
ant's plan he stated there was • contract that • month's
notice should be given ; but this she (plaintiff) denied, and
besides, unless it was in writing, it was of no avail. The
question was one of very considerable importance,—indeed
the principle was well -known that governesses were not
deemed household venues. The plaintiff was then called,
and by her evidence supported the above facto—Mr. Bu-
chanan, on the part of the defendant, contended that the
plaintiff was only entitled to thasegular monthly notice; that
sbn..,Walcnoffwa la the.Fufmrys end hardwire were to dress the
children, teach then% the er.iit rudiments of education, and to
take inem 'Nis foe an vf.ring, so in Let the odor part of her
I duties were those of i domestic servant He would how.
.- . . . i
ever. 7,atose au uonbt, if any existed, by caning a may ebb
wen Present when the plaintiff was engaged, and who would
prove that • sponge contract for • mouth's mottos was agreed
upon by each party.—Miss Carter was then called, and
proved that she was on a visit at Mr. Hemp's when the
plaintiff was engaged, and that a month's notice was weed
upon.—Mr. Bissood having replied, Mr. Commissioner
Bullock observed there could be no occasion for him to de-
tide whether • fOTITIIIIIII was • household servant or not, as
a contract had been hilly proved, which did away with all
custom. The defendant was entitled to the judgment of the
; court.—Mi. Hemp then paid the plaintiff 31.64. 84., the two
months' &sty.
ASSIZE INTELLIGENCE.
_.....

GLASGOW WINTER CIRCUIT.—Dec. 27.
Taw. or FAT.—O•orge Fay, shoemaker, was indicted
for culpable limiside, as else mid end berbeem or saw
twat treatment of his with ma the Sid et Jim kit. Ike
prisoner, hashes been wt es bail, risme& from the body of
the court on his mom bay ealled, mad took his phis at the
ber.—ln 80/1/1/1 to the venal quells b the Lord Jus-
tice-Clerk, he ski, is • dm but tone of Take,
" Not guilty, my Led."—The mane inlaid slime was
called to identify • distention which din inesased Wasgszet
Fay had made series' to hem &Wk.—Osage Ought& is
an impels °tie pear to
be
Os Sept. 2S, fa es-
muse of eft
le bed mehred, he preesded to
Fay's hem with • pdisemdies. Asked Fey where his wife
was, and he said la She twontry. Ile mid she would be lame
tomenew. Witless" slid be mime see her, as hs had ems
te balm she err be the less; sled oedema smiles to be
lighted. After gab( the sails lighted, Fay sinusoid
that she wee in tke begin, mod Mies* to a seem la pea-
sang haw a bum me the treter-deed ibelemsi by • large
nail. It wee a !nosed that sob* *llll6, mid open I
it. Imbed labs lithe was Stem aid he sibmitied oho vas.
I mead the Sr. I fool her lybig with lee body 011 sMI
of wools bed, with hat Sad ea the 'Mei die mraveisist,
red SS Indy mulasitm mein the •MS her lenity wr
come Ida e Mishima was dim& • she bed se shift
ad se lap is". sup !Flog klikk sompt draw. Theo
loos rigurAL Nist bmill ins iitai ld * Counint, =IOW
virodailloollalltoomar Pbs *alloy she had bees
Wog leer lady ttm reisebs. brdia at. The straw had '
so* moos oral I *ilk am the Om she went in, so It was
all skid ha Is As mod she tried to do so, but
had sib down epim, big =AIL I got astittonto to