The Queen against Tordoft
| Jurisdiction | England & Wales |
| Judgment Date | 30 April 1844 |
| Date | 30 April 1844 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 1500
IN THE QUEEN'S BENCH
S. C. D. & M. 693; 13 L. J. M. C. 145.
the queen against tordoft. Tuesday, April 30th, 1844. A summary conviction is bad which does not shew that the evidence was given iu the presence of the party charged. The same rule applies to warrants of commitment which operate in themselves as convictions; as a commital, under the Artificers' Act, 4 G. 4, c. 34, s. 3, of a workman absenting himself from his service. A committal of T., under the above clause, set forth that "information and complaint hath been made before me" (the justice), "by F," "upon the oath of F.," "for that," &c. (stating the charge) : "and whereas the said T., in pursuance of my warrant for that purpose, hath this day appeared before me to answer the said complaint, but hath not proved that he is not guilty of the said complaint and charge : and whereas, in pursuance of the statutes in that case," &c., "I have duly examined the proofs and allegations upon oath of both the said parties touching the matter of the said complaint; and, upon due consideration had thereof, have adjudged and determined the said complaint to be true, and that," &c. (affirming the charge): "and I do therefore convict him, the said T., of the said offence, in pursuance of the statutes in that case," &c.: " these are therefore to command you " (the constable), &c. The above warrant being alone returned to a habeas corpus ad subjiciendum : Held, (1) that it did not shew that the evidence was given in the presence of T. (2) That the Court could nob assume that there was a distinct conviction, free from the objection. Prisoner discharged. [S. C. D. & M. 693; 13 L. J. M. C. 145.] Isaac Tordoft, being in the custody of the governor of the house of correction at Wakefield in the West Riding of Yorkshire, was brought up by habeas corpus ad subjiciendum. The governor returned that Tordoft was confined in his custody under a warrant, which he set forth, and the material parts of which are as follows. "To George Kershaw, the constable of Barnsley, in the West Riding," &c., "and to the keeper of the house of correction at Wakefield in the said West Riding," &c. " Whereas information and complaint hath been [934] made before me, William Bennet Martin Esq., one of Her Majesty's justices of the peace in and for the West Riding, &c., by Andrew Faulds, of," &c., a colliery proprietor, upon the oath of the said A. F., against Isaac Tordoft, late of," &c., " collier, for that he the said Isaac Tordoft, having contracted with the said A. F. and others, his partners in trade as Q.B. 13ft. THE QUEEN V. TORDOFT 1501 colliery proprietors, to wit on the 1st day of January A.D. 1842, in the West Riding aforesaid, to serve them, the said A. F. and others, in the said capacity and employment of a collier, in the said West Riding, and from thence until the end of one month after he should have given to or received from his said masters notice to quit and leave his aaid masters' service: and that the said Isaac Tordoft...
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