or Justice or Justices of the division, shall be final nclusive; and sect. 10. which relates to the setting private roads, must be read in the same way, bet expressly subjects the proceedings of the commisto the like provisions as in the case of a public nd consequently the order of the commissioners and s would in that case be final and conclusive. The 7 Rex v. The Dean Forest Inclosure Commis(a), is a decisive authority for this construction. is, however, a slight distinction in this case, but makes no difference. The exception here is, as ch acts, determinations, or proceedings of the said sioners, as are by the said recited act, or this act to be final, binding, or conclusive." Now the this instance is not an act, determination, or proof the commissioners, but of a commissioner and strate conjoined. It may be true that it is an act mmissioner, but it is not an act of a commissioner it is an act of a commissioner and another person, fortiori it comes within the operation of the 8th

(a) 2 M. & S. 80.

re act, or of this act, except as to such acts, deterons, or proceedings of the said commissioners as are said recited act or this act directed to be final, g, or conclusive, &c. he may appeal, &c." Now, the ive part of this clause does not mention Justices, fers exclusively to such acts, determinations, and edings of the commissioners as by the recited act are ed to be final and conclusive. I cannot say, therehat this order, which is not made by a commissioner but by a commissioner and a justice conjointly, within the exception. There is nothing in the I inclosure act which makes the determination of stices final and conclusive. On the contrary, at nclusion of the 8th section, which relates to the og up of old roads, it is expressly provided that the n of two justices, in concurrence with the comers, for stopping up an old or accustomed road, e subject to an appeal to the Sessions. I therefore his rule must be made absolute.

other Judges concurred.

Rule absolute.

1823.

The KING . The INHABITANTS of BYKER.

owner of a

ON appeal against an order of two Justices, for the Where the removal of William Gray and Mary his wife, from colliery, by Houghton-le-Spring, in the county of Durham, to Byker, indenture in Northumberland, the Sessions confirmed the order, workmen to be employed subject to the opinion of this Court, upon the following in the colliery

case :

hired certain

for one whole

year, at the

1s. 10d. for a

ceeding fourteen hours, and 2d. a-day additional when

By indenture, dated 23d October, 1809, between wages of James Potts, of Byker, of the one part, and several good day's persons whose names or marks are thereto subscribed (of work, not exwhom the pauper, William Gray, was one), of the other part, the said J. P. hired and retained the several other parties thereto, and they hired and bound themselves as workmen or servants, to be employed in a certain colliery, for the term of one whole year, from the 21st Ja

that time was

exceeded; and they were to

forfeit 10s. 6d.

for every act

of disobedi

(to be deduct

ed out of their

wages,) with a proviso, that the jurisdiction of the

Justices

nuary, 1810, upon the following terms and conditions:-ence, and That the said J. P. should pay to every one of the said for lying idle 2s. 6d. a-day persons, for every good and sufficient day's work, not exceeding fourteen hours, in single shaft pits, 1s. 10d. per day, and 2d. per day extra, when that time was exceeded. And the said several persons hired and retained by the indenture, covenanted with J. P., that each of them should not be would, in their several stations, diligently perform and obey his orders and directions as to the manner of working the colliery, and work the colliery fairly and regularly, as therein expressed; or in default thereof, should forfeit and lose (to be retained out of their wages) the sum of 10s. 6d. for every act of disobedience; and also the sum of 2s. 6d. per day for lying idle, upon each hewer, de

ousted in case

of disputes;

and a covenant that if at

Christmas the

master should

have occasion to repair the

machinery belonging to the colliery, he might stop the

works at the -farthest for a

week, without paying any wages to the workmen, unless otherwise employed :—Held, that this was a conditional, and not an exceptive contract, and that a workman who had served under it for one whole year, thereby gained a settlement.

hat the indenture should not, nor should any coor clause therein contained, be construed to extend st or exclude any Justice of the Peace from any ction or cognizance which the statute law of this m hath given to such Justices over masters and serbut, on the contrary, that each of the several thereto should be at full liberty, notwithstanding ing therein contained, upon any breach of any of fore-mentioned covenants, to call for and require

and assistance of any Justice or Justices, to come performance, or punish any breach of such co3, as far as by law they could or might, if the ine had not been made. It was covenanted and , that in case the said J. P. should think it necesat or about Christmas, 1822, to repair, alter, or any engines or machines of or belonging to the olliery, or to remove or prevent any obstructions or ice which might have happened to the same, or to other thing which he, his executors, &c. should eedful to be done in the said colliery, or the workthe same, that then it should be lawful for him to he workings, at all or any of the pits of the colfor any length of time, not exceeding in the whole