22 THE LAW AFFECTING ENGINEEKS 



year certain. So where the plaintiff, who was employed as 

 engineer to the defendants at a salary of 500 a year, was 

 dismissed at a three months' notice, he was held entitled to 

 recover salary for the unexpired portion of the year (Buckingham 

 v. Surrey and Hants Canal Company, 1882, 46 L. T. 885 ; 46 

 J. P. 774). In general, a person who is employed at a certain 

 sum per annum simply is employed for a year, and in the 

 absence of a custom to the contrary he cannot be discharged 

 before the end of the year (Foxall v. International Land Credit 

 Co., 1867, 16 L. T. 637). Nor, if he himself give notice to 

 terminate his service at some odd time during a year, can he 

 recover anything in respect of the time elapsed since the 

 termination of the last year's service. The law implies no 

 engagement to pay for the services since the last quarter 

 (Lamburn v. Cruden, 1841, 2 M. & G. 253). 



In a case heard some years ago (Down v. Pinto, 1854, 9 Ex. 

 327), the defendant, having established smelting works at 

 Carthagena, in Spain, offered to employ the plaintiff as fore- 

 man, by letter, containing the following passage : " I should 

 require you to enter into an engagement to remain with me 

 for at least three years at my option, salary ^250 per annum." 

 It was held that this did not enable the defendant to put an 

 end to the service at his will, but that it was a yearly hiring 

 with an option for the defendant to require the plaintiff's 

 services for three years, or to put an end to it at the expiration 

 of the first, second, or third year. 



The foregoing rule, however, is subject to an exception in 

 some cases of service with the Crown, and in cases in which 

 the agreement of hiring is subject to some stipulation, either 

 express or implied by custom (evidence of which is in all cases 

 admissible, if not inconsistent with the contract), enabling 

 either party to determine the contract by notice. In such 

 cases, if the contract is determined by a notice, in accord- 

 ance with the custom, the servant is entitled to recover 

 wages for the fractional portion of the year during which he 

 has served. 



11. Effect of termination of employment on salary due. It 

 is clear, notwithstanding a notion to the contrary which is not 

 uncommon, that a yearly servant wrongfully quitting his 

 master's service forfeits all claim to wages for that part of the 

 current year during which he has served, and cannot, after 



