Seth Turner and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1846 |
| Date | 01 June 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1206
QUEEN'S BENCH
Discussed, Unwin v. Clarke, 1866, L. R. 1 Q. B. 424.
in the matter of seth turneh and others. Monday, June 1st, 1846. A return to a habeas corpus ad subjieiendum set forth a document, being a conviction and committal under stat. 4 G. 4, c. 34, s. 3, which recited an information and complaint, by the agent of D., that the prisoner had contracted to serve D. for a term, and did, before the contract was completed, "absent himself from his said service, and did thereby then and there neglect to fulfil the same, contrary to the form of the statute," &c.: and the document added : therefore, "it manifestly appearing to me " (the justice) and the prisoner " is guilty of the said offence charged upon him in the said information and complaint, I do hereby convict him of the offence aforesaid : and I do hereby order and adjudge that" the prisoner, " for the offence aforesaid, be imprisoned," &c. Held, that the information shewed no offence, as there might be some lawful excuse for the absence, though the statute simply makes the party's absenting himself from service the ground of complaint; and that the conviction was therefore bad. Prisoner discharged. [Discussed, Unwin \. Clarke, I860, L. E. 1 Q. B. 424.] Seth Turner, with three other persons (a), was brought, by habeas corpus ad subjiciendum, before a Judge at chambers, who, on reading the return, referred the case to the full Court, admitting the prisoners to bail in the meantime. The writ was directed to the keeper of the house of correction at Kirkdale. He returned that Seth Turner, and two other of the prisoners, were delivered into his custody, on, &c., "under warrants under the hand and seal" of a justice of Lancashire ; " which warrants were and are as follows." The return then set out the following document in Turner's case. " Lancashire, to wit.-To Philip Markey, one of the constables," &c., " and to alii other constables," &c., [81] " and also to the governor and keeper of the house of correction," &e. "Be it remembered that, on the 21st day of January A.D. 1846, at the parish of Leigh, in the said county of Lancaster, Richard Thompson, of," &c.,. " underlooker, then and tbere being the agent for John Darlington, of," &c., "coal proprietor, personally came before me, Thomas Bromiley William Sanderson, Esq., then mid there and sfcill being one of Her Majesty's justices," &c., " and, upon the oath of him,"&c., "informs me, the said justice," &c., " that Seth Turner, the lounger, of," &o., "miner, on the llth day of November then last, to wit a.d. 1845, to wit nt," &c., "did contract with the said John Darlington to serve him, the said J. D., as a miner, for the terra of eleven calendar months from the said llth day of November A.D. 1845 ; and that the said Seth Turner the Younger did afterwards to wit on," &c., " in," &c., "enter into the said service of the said J. D., and did afterwards, and before the term of his said contract was completed, to wit on," &c., "absent himself from his said aervice, and did thereby tben and tbere neglect to fulfil the same, contrary to the form of the statute in that case made and provided. And f, the said T. B. W. Sanderson," &c.; stating that the justice issued his warrant; in pursuance of which "the said Seth Turner hath this day, to wit," &c., "appeared before me, the said T. B. W. Sanderson, so being such justice as aforesaid, and, having heard the charge contained in the said information, declared that he was not guilty of the said offence. Where upon I, the said T. B. W. Sanderson, so being such justice as aforesaid, did proceed to examine into the proof of the charge contained in the said information : and, on this the said 12th day of February, a.d. 184G, at," &c., "a [82] certain document in writing was, in the presence of the said Seth Turner the Youngur, produced and shewn before me the said T. B. W. Sanderson so being such justice as aforesaid ; which said document is as follows. ' Agreement made between the undersigned John Darlington, of,'"&c., "'coalmaster, and the undersigned Seth Turner, Junior, of,'"(fee., "'collier, this llth day of November, 1845. The said Seth Turner Junior hereby agrees to serve, and hires himself to, the said John Darlington exclusively as his hired servant, in the capacity of a miner, for the term of eleven calendar months from this date : and he agrees, (a) No distinction having been suggested in the argument or judgment between the cases of the four prisoners, the report is confined to one case...
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