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![handle is hein.slavery/ssactsengr0040 and id is 1 raw text is: LOWTHER V. RADNOR
whether in abatement or otherwise, the Court will not give judgment against him to
answer over, but final judgment.
Le Blanc J. The general rule is against the defendant; and the current of
authorities shews that pleading over is only allowed in case of felony, in favorem
vitoe.
Rule discharged.
[113] LOWTHER against THE EARL OF RADNOR AND ANOTHER. Thursday, Nov.
27th, 1806. The statute 20 G. 2, c. 19, giving the magistrates jurisdiction to
determine differences between masters and servants in husbandry, artificers,
handicraftsmen, miners, potters, &c. and other labourers employed for any
certain time, or in any other manner, respecting wages within certain sums,
extends to labourers of all descriptions, and not merely in the particular trades
or business there enumerated: and consequently includes wages earned by a
labourer who contracted to dig and stean a well for cattle, to be paid for by the
foot, and who employed another to assist him in the work. The party appealing
to the sessions is not thereby concluded from afterwards disputing its jurisdiction
in the particular case. Trespass lies not against magistrates acting upon a com-
plaint made to them on oath, by the terms of which they have jurisdiction,
though the real facts of the case might not have supported such complaint, if
such facts were not laid before them at the time by the party complained against,
having notice of such complaint, and being properly summoned to attend.
[See Calder v. Halket, 1839, 3 Moo. P. C. 64; Riley v. Warden, 1848, 2 Ex. 68;
Houlden v. Smith, 1850, 14 Q. B. 852; Ex parte Ailsop, In re Disney, 1875,
32 L. T. 434.]
In trespass for breaking and entering the plaintiff's close, and taking his goods
(which was for a distress) at Tilshead, in the county of Wilts, the defendant pleaded
the general issue; and at the trial at Salisbury, in March 1806, before Le Blanc J.
a verdict was found for the plaintiff, damages 61. 13s. 6d. subject to the opinion of
this Court oil the following case. On the 27th of Nov. 1804 the two defendants,
justices of the peace for the county of Wilts, made and signed the following order.
Wilts to wit. To Thomas Lawes, one of the tything men of Tilshead, in the county
of Wilts, &c. Whereas James Sopp of Shrewton, in the county of Wilts, labourer, hath
complained unto J. T. B. Esq. one of H. M. justices of the peace in and for the said
county of W. that G. Lowther, Esq. residing at T. in the said county, refused to pay
unto him, the said J. Sopp, 41. 13s. 6d. for wages justly due unto him for work and
labour done by the said J. Sopp, and by T. Franklin, in the service of the said G.
Lowther, by digging and steaning part of a well at the said parish of T. : And whereas
on the 13th of Nov. inst. the said J. T. B. by a precept under his hand and seal
directed to the aforesaid T. Lawes, &c. did require them to summon the said
G. Lowther to appear before him, J. T. B. and such other of His Majesty's justices of
the peace as should be present at Fisherton Anger, in the said county, on Tuesday
the 20th of Nov. inst. to answer to the complaint of the said [114] J. Sopp, and to
shew cause why an order should not be made on the said G. Lowther for payment of
the aforesaid sum: And whereas the said G. Lowther was, on the 16th of Nov. inst.,
duly served with the said summons by the said T. Lawes, but hath neglected to appear
to answer the said complaint, and hath not paid to the said J. Sopp the said 41. 13s. 6d.
or any part thereof, and hath not shewed to us any sufficient cause why the same
should not be paid : We, whose hands and seals are hereunto subscribed and set, two
of His Majesty's justices of the peace, &c. being present at the time and place above
appointed for the hearing of the said complaint, having duly examined the said J.
Sopp, upon oath, touching the truth of the said complaint, and upon consideration
thereof, do adjudge the said complaint to be true, and that the said 41. 13s. 6d. is
justly due and owing unto him, the said J. Sopp, from the said G. Lowther. And
we do hereby also adjudge and order the said G. Lowther to pay, or cause to be paid
unto the said J. Sopp, 41. 13s. 6d. which appears to us to be just and reasonable to
be paid by him, the said G. Lowther, to the said J. Sopp, as and for his wages as
aforesaid. And we do hereby require you, &c. forthwith to give notice to the said
G. Lowther of this our adjudication and order, and to certify to us what you shall
8 EAST, 113.
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