Present: Lascelles C.J.

PRICE v. SUPPAN

Notice cancelling notice to quit-Must be given to employer, and not to agent of employer-Ordinance No. 13 of 1889, s. 3-Ordinance No. 9 of 1909, s. 20.

A notice by a cooly to cancel a previous notice to quit (like the original notice to quit) must be given to the employer (and not to his agent).

An " employer " is the chief person, for the time being, in charge of an estate, and includes the superintendent.

The question whether a person is or is not an " employer " within the meaning of the Ordinance is one of fact. It is not concluded by the circumstance that he was the Assistant Superintendent, and not the Superintendent, of the estate, for it may well be that an Assistant Superintendent is at a certain time the chief person in direct charge of the estate, and the only person in authority who is accessible to the labourers.

APPEAL with the sanction of the Attorney-General. The facts are set out in the judgment.

Grenier, for appellant.-Section 3 of Ordinance No. 3 of 1889 defines the term " employer " as the chief person for the time being in charge of the estate. Here Mr. Price,