The Express.
London, England, 1861-10-22 00:00:00

04EENWICH.

Mr. Charles Parley, builder, ofTirdeuham, appeared to
• summons calling upon him to show cause why he refused
to pay to James jam, a journeyman bricklayer in his em-
ploy, the sum of teopence.
Mr. Oockle, solicitor, of Deptford, appeared in support of
the summons ; and having stated the question in dispute,
and which was viewed with interett, as being of considers-
ble importance to the trade, called
The complainant, who amid that he commenced work for
the defendant on the morning of Monday, the 30th lilt, his
wages being 335. per week. He worked the whole of the
week, leaving off at 4 o'clock on the Saturday ; but on
going to the office for his wages he was only paid U. 7s. &i.,
and on asking what was meant he was told it was
the custom to keep one day's pay in hand Be
consented to this, and on Monday morning, as the clock
struck six, he was about 100 yards from defendant's pre-
mises, awl, w was told by another workman, whom he met,
that as be was not at work at six o'clock be would have
to lose an hour. Rather than have to remain about until
seven o'clock and lose this time he went to the aloe and
asked for the day's pay which had been kept in hand, and
was told to oome on the following Saturday, when, instead
of receiving ss. lid., he was only paid 4. sa., being told that
defendant refused to par him any more.
Alfred Blake. another journeyman, was called, and said
he bed worked for defendant four and • half days at the rate
of 335. per week, and always considered the week's work was
adulated from the Monday.
The witness, in answer to the magistrate, admitted
I that after working four days and a half one week
be met a man who offered him work for two months certain,
and not knowing how long the job upon which be was then
engaged would but he accepted the offer and left defendant's
employ.
John Jones, brother of complainant, wu also called to
prove the rate of day wages paid, and said that if time was
lost the deduction from wages woo made by the hour.
The defendant said it was well known among the men in
his employ that the week's work commenced on the Sitar-
day morning and finished on the Friday night, the short day
ou the Saturday being conceded to the workmen by the
masters, providing full work was performed during the other
five days. The complainant was not engaged by the week,
bet by the hour or day labour, and although he (defendant)
could diseharp him at any hour he pleased, yet had the
complainant worked during the ensuing week up to the
Friday night, be would have beenpsid for the short day,Satur-
day. Instead of this be had discharged himself on Monday
looming, leaving the labourers idle, and aiming him loss.
In emicludoe, defendant handed to his worship the time-
book kept, showing that the time of all employed was
entered by the hour, and that the week concluded on
Friday.
Mr. Oeekle contended that the complainant, having con-
tailed at week from the Monday to the Saturday, was
equally entitled to the full week's pay as if he had com-
menced as the Saturday.
Mr. Meade mid, in equity this would apparently be the
cue, but when the complainant applied for the summons,
and stated the week's work commenced on the Monday,
be thought it strange, because in all large esta-
blishment. where such tied of labour was employed it
was apparent they could not get the list of wages made out
if the week was not dosed some time before the wages
were paid. The complaimuth's contention was, that he was
• weekly servant, and not engaged by the day, or hour
but if so, be (Mr. Maude) would ask wby he had discharged
himself on the Monday morning, because, if a weekly hiring
had taken place it would have required a week's notice to
terminate the engagement. The book put in by the de-
fendant showed the system adopted to be that of the hour,
and although it was true that complainant had kept at work
front the Mooday to the Saturday, yet this time formed the
fractional parts of two working weeks, and were it to be
considered otherwise, then, if fifty men were to be set to
work on the Saturday, they might all discharge themselves
after working eight-adalalf hours, or a thmt day, and
claim payment at the same rate ea that paid fora day's
work of ten house. His judgment would, thereto's, be for
the defendant.

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