In the above case Lord Alverstone, C.J. is reported in part as follows at p. 164: “‘* * * The wages in respect of each shift became due as they were earned toties quoties, on the completion of successive shifts, although not payable until the end of the fortnight’; and that the established practice was to pay the men employed in the work at the end of each fortnight for the work actually done upon each day. It was necessary to have a daily computation of the work done and money earned, because it was necessary to ascertain not only the number of tubs pushed but also the distance each tub was pushed. In these circumstances are we bound to say as a matter of law, that this was a fortnightly hiring? I am clearly of opinion that we ought not to draw any such inference * * *. “The case of Warburton v. Heyworth [supra] in the Court of Appeal, seems to me to justify the inference, which I think I ought to draw in this case, that the hiring was not a fortnightly one * * * ‘There was therefore no contract for a weekly hiring at weekly wages.’”
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