MACKENZIE v.. LEDA.

P. C., Avisawella, 21, 053.

Master and servant-Labourer under written contract of service-Quitting service-Ordinance No. 13 of 18S9, s. 7.

The provisions of section 7* of Ordinance No. 13 of 1989 apply not only to monthly labourers as defined by that Ordinance, but to those who, under written agreement, have contracted to serve for a longer time.

THE facts of the case appear in the judgment.

Van Langenberg, for appellant.

Drieberg, for respondent.

10th November, 1896. Lawrie, J. -

The accused was a kangany who had entered into a written contract to serve the superintendent of Erracht estate for a term of three years from 20th December, 1895, in consideration of an advance of money made by the superintendent, and it was specially agreed in that written contract that one month or more pay in every three months should be deducted in lieu of the advance. On the 1st August the accused quitted service without previous warning. When he was prosecuted under section 11 of Ordinance No. 11 of 1865, he pleaded that he had reasonable cause for quitting service, because the monthly wages earned by him in May had not been pai