By memorandum in writing P agreed to serve M as a cutler for three years, arid M agreed to employ him aid pay him for his work according to a schedule of prices. Having quitted his service during the term, he was convicted under the 4 Geo 4, c. 34, and imprisoned for twenty-one
days, for unlawfully absenting himself from his service After his discharge from prison he did not return to the service of M , but went and worked elsewhere. On a second information laid against him for unlawfully absenting himself from the service, it was proved to the satisfaction of the justices that on the first occasion he absented himself on account of a difference with his master as to the scale of prices, that when, after his discharge from prison, he refused to return, he was advised by his attorney that he was not bound to do so, and the justices stated that they thought very probable that he bona fide believed what his attorney told him. Held; The conviction could not be sustained.
Citations:
[1861] EngR 528, (1861) 6 H and N 753, (1861) 158 ER 311
Links:
Jurisdiction:
England and Wales
Employment, Magistrates
Updated: 18 May 2022; Ref: scu.284289
