Ex parte Baker
| Jurisdiction | England & Wales |
| Judgment Date | 27 May 1857 |
| Date | 27 May 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1404
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 26 L. J. M. C. 193; 3 Jur. N. S. 574. Discussed, Unwin v. Clarke, 1866, L. R. 1 Q. B. 423. For subsequent proceedings see 2 H. & N. 219.
[697] Ex parte baker. Wednesday, May 27th, 1857. Under stat. 4 G. 4, c. 34, s. 3, a potter was convicted and sentenced to imprisonment for leaving a service before the time of contract was expired. After the imprisonment had expired, but before the original time of contract had expired, he, not having returned to the service, was again convicted for absenting himself. Held: that the second conviction was good, as the contract continued, notwithstanding the first conviction and imprisonment.-The conviction did not expressly state that the servant had entered the service; but it found that he did " misconduct himself in his said service." Held : that this was a sufficient finding of his having entered into the service.-The conviction stated that it appeared to the magistrate, as well on the examination on oath of M., in presence of the party charged, " as otherwise," that the party had absented himself, &c. Held : that it was not to be inferred from this that the justice had proceeded upon evidence not given in the presence of the party.-The conviction stated that the party misconducted himself, &c. " by neglecting and absenting himself from his said masters' service." Held : that this was not a finding of two statutable offences, but only of the absenting. [S. C. 26 L. J. M. C. 193; 3 Jur. N. S. 574. Discussed, Univin v. Clarke, 1866, L. E. 1 Q. B. 423. For subsequent proceedings see 2 H. & N. 219.] Scotland moved for a writ of habeas corpus to bring up the body of William Baker. From the affidavit of the said W. Baker the following facts appeared. By an agreement in writing he was hired to serve Felix Hawley, John Hawley and Robert Hawley, earthenware and china manufacturers, from llth .November, 1856, to llth November, 1857. He entered into the service : but, in February 1857, he gave a month's notice to determine the service (under a supposed custom in the trade); and, at the end of the month, he quitted the service, namely on 10th March 1857; and, on llth March 1857, he entered into the service of William Barlow, manufacturer of china and earthenware. He was summoned before a magistrate for having unlawfully neglected and absented himself from the first service; and he appeared before Thomas Bailey Rose Esq., a justice of the peace for Staffordshire, and was then convicted and committed under the following instrument. " County of Stafford, to wit. To all constables and other Her Majesty's officers of the peace in the said [698] county, and to the keeper of the House of Correction at Stafford, or his deputy. Whereas complaint upon oath hath...
To continue reading
Request your trial
-
The King (Martin) v Mahony
...the argument of counsel, show what was meant to be decided. Re Baker, 2 H. & N. 219, followed the refusal of the application reported, 7 E. & B. 697, and must be construed in the same way. Pollock, C.B., in Re Thompson (3) accepted the rule in Reg. v. Bolton (4), but attempted to escape fro......
-
The Queen, on the Prosecution of Mappin and another, Respondents, Youle, Appellant
...not say that the contrfict was at an end by the" conviction, but that there could not be a second commitment. The ease of Expirte Bakei (7 E & B. 697), in the Court of Queen's Bench, 6 H. & N. 762. REGINA 7'. YOULE 315 is no authority that the [762] magistrates can convict a second time und......
-
Ashmore Appellant v Horton and Another
...the respondents. In Exparte Baker, although the Judges of the Court of Exchequer differed on the point (c), this Court held unanimously (7 E. & B. 697) that an artificer who, after his discharge from imprisonment, refuses to return to the same service, for absenting himself from which he wa......