Manca 22, 1919.] 
A GARDENER'S NOTICE. 
By the Solicitor to the Chamber of Horticulture. 
otic ice a which 
о: 
апу ork, 
| demobilisation T few "ud ket 
_ the subject — posibly ue of help in avoiding 
4 Баа es here 
uld be borne in mind 
in dios 
nite der. 
n the 
hea; aper. 
are-wise enough t 
гасе Бема, into. tine 
as they are at libert 
thi ink fit, without 
om, with the ex 
or te, 
The жне ну ГЭ ari bas contract for 
service is entered into UU ek ety ing being 
. said on either side as to the pode z notice 
rt r if it is 
easy 
4 employer а and pda е heard ‘in the County 
Courts to time, but the ы оїа 
verdi "олй: и аге по vie nding on other 
. Judges, and i a decision of the High 
Court of Justice to make cas Say IA would 
be binding o untry genera 
In the case d m rivate 
rvice, the position is somewhat simplified by 
the fact that in the year 1835, the well-known 
n v. t bef 
0 t came before the 
| Ew Times change and the law peek set 
1 not unreasonable to Nba oro фа, 
it ‘similar tacks should again ore the 
Court of „Appeal at the рейн ү) the 
. Judgment in that case would still be followed. 
In Nowlan v. Ablett As facts wer t 
г gardener agreed кее is Muri 
ond the space of one year, MES 100 
g £ 
annum, in addition. t the right $ E rent 
n the estate. He had 
ав to wh vo plaina pm a por 
Servant entitled to wages till the end of the 
. Year, or poet " he was n T us » servant 
med only to a month's-n 
olden days, ув Sere "labourers were 
gun enga ged by the year eb e the absence 
ot such up-to-da’ тате exchanges 
_ Or cheap 
bá ken E^ e or 
аи labourers to attend at the hiring 
some recognised spot, suc 
nie place, where bargains were 8 
йере Duis -be employers and those who were 
Eine Б de ipid their service. ‘he dividing 
marked and poor was strongly 
more 
| ЕЎ avo an att the present time, when the middle 
е grown 
n consequence the 
simple jobs in his employer's 
THE GARDEN ERS | 
CHRON ПОСЛЕ. 
1 large estates, however, the luxury of a 
case 
: bove, ultimately turned on 
whether gardener was in E 
to regard re engagement as ia by the yea 
in the same way as i if he had been an agricultural 
or whether he should be 
me enial 
pi^ the loving 1 ертеп се Boca 
y dv. ving of 
liveries is rolibited ч t the King shi ~~ 
he E13 
ine bs v eis esquires menial 
c: retinue ae do take of him their yearly fee 
of 
In an old id of Parliament known as 2 Henry 
IV. cap. 21, ad — that *the Prince may 
give m pea urab very (a swan ) to his menial 
ео Nana Gentile). 
It n, NM s there is notning 
escr 
Bei abi, c the i * menial,” and 
hat it was not dm t sci regard a head- 
rdener, living within the curtilage of hi 
employer's house, as a menial servant. In the 
case referred to above, the Со "x hok on appeal 
that Nowlan was шше th’s notice 
only, Lord Abinger the Presiding Tai ré 
e told 
house ti cenia) 
he lived in the ЕТО within the domain." 
* Another кро states that the ge added : 
* He certainly employed for the service 
of the h 
(It might ias well for private irr eiiis d 
consider whether a head gardener with a 
Fa under him should not s offered ‘ree 
onths’ notice in view of the limited пит 
situations of this nature ане аё апу p 
aat no light on 
case, howev 
Are they pon 
e above 
the position of under- "gardeners. 
to be regarded as being in the service of t 
house, and accordingly equally e get E à 
head Capper i month's n 
кан Tet m 7 raithe tha a “of 
sgricaltural Чавеса — y ne sero as 
the of the country о their locality 
may pea The question diag not one RR 
can 
ad 
i 
8 € It is е under: 
usuall y provided with a сонры 
in X3 Vicinity b = дени s house, but 
ет re they кышу с employed on 
T paai eg б. uch as they аге 
engaged i rs уе cultivation PT a gale had ie E adds 
to the amenities of a house, and which is usually 
close proximity -to it. zo uen appears to be a 
in 
general press in public mind that 
possibly an under-gardener may not i entitled 
to more than eek's notice, but it would be 
a gross anomaly if a man who 1з ie it y mor 
or less skilled in the difficult science or Rehan 
culture were held not to be entitled to a t least 
um a sois of di issal as a scullery maid. 
It is satisfacto: d that there are at least 
orded decisions of urt Judges 
dge 
by his. rac in 
e High Court can do. In a case reported 
143 
The Gardeners C "hronicle = umi) 6, 1909, M 
held that 
* ay perhaps be 
contended ths e ase the gardener was not 
an under-gar n the other hand, neither 
was he a m a SA r he was apparently at 
the head of no one but himself. Again on June 
10, 19 e Judge of the Salford County Court 
supported the view that gardeners were entitled 
to a month's notice, and not merely to one week's 
notice as claimed by bres sepia) yer. Unfortu- 
nately, however, the acco " contributed by m 
local reporters were very 
ш even state " о 
"ases nio on 
agre, and they d 
gardeners in Mis 
eir rie er's premises. lf 
necess howe “a, зара ormation could 
doubtless be obta e tevin of the 
junty Cou ee jo question though possibly this 
= nighà entail some | expens 
another — 
ear 1841, 
r^ his employer 
In this connection tbe RN ia 
what ancient case, decided in the y 
be of te неий One Johnson 
Blenkinsopp under the f ing 
PT was engaged to as gardener on 
d raul win: i 
assist at t and 
ет himself 1 generally useful. 
the whether 
The | 
his writ 
Johnson "was even more a menial servant than 
Now and Mr. raped Williams added : 
А “Tt i difficult to Besa line which may 
ascertain how much o i К service Makes a 
menial. servant, р їп this eine e the plain ntift 
is such a s 
peram held that the plaintiff w 
entitled. 4 — deris and was not a "ep 
what is a menial 
case 
Pearce nsdowne. Collins 
then ышы that “ A menial servant denotes th 
is 
son grap as poris for the personal 
venience or 1 mas 
establishment." Incidentally, it may be interest- 
ing to the sc мае M te that his lordship 
expresse ed tg Paes баат word '' menial" 
fro ord ‘‘meiny” or 
^^ Ке” са Ses household LJ у; rather 
than from the Latin -—— e 
` A menial servant is not a domestic 
servant. In the e of Toms Hammond 
decided in 1734, it w id “ A menial 
servant may be employed out of the house on 
household affairs, a d tic in or about the 
y- LES 
Surely, therefore, under-gardeners as well as 
head gorenera might reasonably ask for a 
month’s ice before dismissal. 
A еу enquiry witch will probably бош © 
the reader is whether there is апу 
between the notice which a gardener is entitled 
mploy: 
find any reported decis 
but it seems clear that 
eater ташлар lty in proving "his right v be con- 
sidered as a menial serv: hen working on à 
рур “than he чаа ps M he were working 
it mu 
the existence of a gen 
whom me: sake of pr 
etd = only that the — M a е опе, 
but also that it is reasonable. This furnishes an 
