Kitchen, an Infant, against Shaw, Esquire
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1837 |
| Date | 05 May 1837 |
| Court | Court of the King's Bench |
English Reports Citation: 112 E.R. 280
IN THE COURT OF KING'S BENCH
S. C. 1 N. & P. 791; W. W. & D. 278; 7 L. J. M. C. 14.
kitchen, an Infant, against shaw, esquire. Friday, May 5th, 1837. A justice has no summary jurisdiction by stat. 6 G. 3, c. '25, s. 4, over a domestic servant. [S. C. 1 N. & P. 791 ; W. W. & D. 278 1 L. J. M. C. 14.] Trespass for assault and false imprisonment. Plea, not guilty. On the trial before Lord Abinger C.B., at the Cumberland Summer Assizes, 1835, the plaintiff's counsel opened that the plaintiff, being a female of between fourteen and fifteen years of age, was engaged, with the consent of her parents, as a house servant to a gentleman named Hobson, in 1834 ; and that, a dispute having arisen as to the amount of wages, the plaintiff, in April 1835, left Mr. Hobson's house. Mr. Hobson then [730] took out a warrant, and brought her before the defendant, who was a magistrate of the county of Cumberland ; and the defendant committed her for one month to the house of correction on a conviction under stat. 6 G. 3, c. 25, s. 4, adjudging that she had contracted with Christopher Hobson to serve him as a house servant until, &c., and did afterwards absent herself from the said service before the term of her contract was completed. On this opening, the Lord Chief Baron, being of opinion that the magistrate had jurisdiction, nonsuited the plaintiff. In Michaelmas term 1835, Cresswell obtained a rule to shew cause why the nonsuit should not be set aside, and a new trial had. In Hilary term last (a)2, Coltman shewed cause. First, the magistrate had jurisdiction, under stat. 6 G. 3, c. 25, s. 4, by which, " If any artificer, calico printer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, labourer, or other person, shall contract with any person whomsoever for any time or times whatsoever, and shall absent himself from his service before the term of his contract shall be completed," a justice of the (o)1 2 B. & C. 477. See Mae v. Tomlinson, 4 A. & E. 2G2, 269, 270. Jourdain v. Johnson, 2 C. M. & R. 564 ; S. C. 5 Tyrwh. 524. (a,)2 January 18th, 1837. Before Lord Denman C.J. and Williams J. Littledale and Coleridge Js. were absent. 6 AD. &E. T31. KITCHEN V.SHAW 281 county is authoriaed and empowered to commit to the house of correction for any time not exceeding three months, nor less than one. It is true that stat. 20 G. 2, c. 19, a. 1, has been held to have a restricted...
To continue reading
Request your trial
-
Seth Turner and Others
...were referred to: Hardy v. Ryle (9 B. & C. 603); Hex v. Neville (1 B. & Ad. 489); Lancaster v. Greaves (9 B. & C. 628); Kitchen v. s/mw (6 A. & E. 729). (g) On this point, the following authorities were referred to: note, in 1 Smith's Lead. Ca. 181, to Mitchel v. Reynolds (1 P. Wins. 181); ......
-
Elliott v Bishop
...[502] description as those before enumerated, and consequently that the statute did not apply to a domestic servant: Kitchen v. Shaiu (6 A. & E. 729). By the 3 Car. 1, c 1, " no carrier with any horse, nor waggon-man with, any waggon, nor carman with any cart, nor wainman with any wain, nor......
-
The Queen against Lord
...c. 34, s. 3. But the contract is voidable or void, the party being an infant. This point was raised, but not decided, in Kitchen v. Shaw (6 A. & E. 729, 732, 3). It will be argued that the contract binds the infant, as being for his benefit: even then, it would be voidable; and the act of t......
-
Bishop v Elliott
...The following cases, which were cited in support of the application of this rule in the Court below, are not in point, Kitckvn v. Shaw (6 Ad & E 729), Sandiman v Bteach (7 B. & C. 96), and Rex v. The Manchei tei and Salford Watenooiks Company (1 B & C 630); for those decisions turned upon t......