106
"Contracts of Service within the meaning of Ordinance
There cannot in my opinion be a Contract of Service according to Law unless there be also a Contract of hiring, otherwise it would be a unilateral "Contract which could not be enforced. The following passage taken from Addison on Contracts p. 682 I think correctly states the law. "In order to constitute a Contract of hiring and Service there must either be express or implied mutual engagement binding one party to employ and remunerate and the other to serve for a determinate period.
I think there can be no doubt that the parties alluded to are considered free and not under any Contract of Service whatever and that the course taken by the Emigration Officer in so regarding them is strictly in accordance with the question giving rise to it.
Again, in December 1878 a query was made as to whether the giving of a promissory note to repay by instalments out of earnings in British Guiana for certain advances such as Passage money, Clothing, Cash, etc., made here constituted a Contract of Service. This was referred to Mr. Phillippo, and on the 4th of that month he wrote: "I do not consider that the fact of an Immigrant giving a promissory note to be paid by instalments out of earnings in British Guiana amounts to a Contract of Service and that technically under the Ordinance such an Immigrant must be considered free."
106
" Contracts of Service within the
I meaning of
Ordinan
There cannot in my opinion
be a Contract of.
Law
Service according
of
unless there be also
: a Contract of hiring, otherwise
"it w
would be
-
unilateral
"Contract which could not be
"
" enforced. The following passage " taken from Addison on Contracts " p. 682 I think correctly states "the law. "In order to constitute
a Contract of hiring
and
Vervice there must either be
expresse.
mutual eng
engager
implied
binding
" one party to employ
ermuncrate and the other to
"terrr
"fore
to
Z
for.
سے
determinate
period. I think there
that the parties alluded
meet the
sidered.
OL
free
anto und
emigrants
crno Contract
of
" of Service whatever and that " the course taken by "Emigration Officer in so
::regarding them is strictly
" in accordance
the q
Again.
uestion
giving
with.
lars.
in December 1878
as to whether the
promissory note to
repay by instalmente out of
in British Guiana earnings
certain advanceò such as
Passage money, Clothing, Cash, xo :
AZ
Co
referred
th
made here
Contract of Service was. to Mr Phillippo, and on the 4 of that mouth he wrote: I do not
" consider that the fact of "Immigrant giving a promicsory note to be paid by instalments "out of earnings in British Guiana " amounts to a Contract of Service and that technically under. the Ordinance such an Immigrant
must
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