When a contract to work in a grist mill, at eight shillings per day, to be paid weekly, is silent as to the length of time that shall constitute a day’s work, the rule established by the statutes of this State that “in all contracts for labor, ten hours of actual labor shall be a legal day’s work, unless the contract stipulates for a longer time,” is applicable. R. S., c. 82, § 36. And if *528tlie laborer works nights, after his legal day’s work is done, at the request of his employer, and for his benefit, the law implies a promise on his part to pay for such labor. Acceptance of pay for the day labor will be no bar to a recovery for the night labor. It is true that the above rule is not applicable to “monthly labor,” nor to “agricultural employments.” But in our judgment, work in a grist mill, at eight shillings-per day, to be paid weekly, is not monthly labor, nor agricultural employment.

Such, in effect, was the ruling in this case. We think the ruling Avas correct. Exceptions overruled.