work

physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business

A charter provision, requiring that work required to be done for a municipal corporation shall be employed by contract, founded on bids and proposals upon public notice, does not apply to a contract for carriage-hire of aldermen or.councilmen, while engaged in public duties. Smith V Mayor, &c. of N. Y., 21 How. Pr. 1. Such a provision does not apply to professional services; e.g., those of a surveyor in preparing a map. Where professional services are to be employed, the common council have a power of selection, with reference to securing the requisite skill; and no advertisement is required. People v. riagg, 5 Abb. Pr. 232. The expression, works of all kinds, as used in a licensing provision in a city charter, does not include the business of insurance agents. State ).'. Smith, 31 Iowa, 493. That to make and publish an award on Sunday is not " working," see Story v, Elliot, 8 Cow. 27. That a'contract giving a mill-owner the right to draw water from a reservoir '' during working hours " entitles him to draw water during the night, if required to run his mill, see Phoenix, &c. Manufacturing Co. II, Hazen, 118 Mass. 350. Work and labor. The name of one of the common counts in actions of assumpsit, being for work and labor done and materials furnished by the plaintiff for the defendant. Work-beast; or work-horse. These terms mean an animal of the horse kind, which can be rendered fit for service, as well as one of maturer age and in actual use. Winfrey v. Zimmerman, 8 Bush, 587.