Case Note - Regina v Willans

Regina v Willans Facts: •

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Chivatean has contracted with E-Horsman (proprietor of the Valdor Sugar Estate) to work as laborer on the said estate for one year from !th "ovember #$!% Chivatean duly entered the said service& but after the month of 'ecember #!% onwards& he has absented himself from the labour work Chivatean was apprehended by a warrant and sentenced by the the agi agist stra rate te to  month onths s har hard labo labour ur in the the Hous House e of  Correction at *rince of +ales, sland .fter fter the the e/pir /pirat atio ion n of the the said said ter term of impr impris ison onm ment& ent& Chiv Chivat atea ean n stil stilll did did not not and and woul would d not not retur eturn n to the the said said service& to complete the term for which he had so contracted to serve Chivatean was once again apprehended and brought upon r0 +illan illans& s& at that that time time was was agi agist stra rate te of *olic olice e at *rov *rovin ince ce +ellesley& who& upon e/amining the nature of the complaint refused to ad1udicate on the said complaints on the ground that the 1urisdiction given by the *arliament (Statute 2th 3eo V C042) had been e/hausted by the previous conviction and punishment0 Chivatean cannot be put on a trial for the second time on the same complaint from the same contract and was subse5uently discharged0 He continued to be absent0 6his rule is called the 7ule "isi0

Issue: •

 6he 5uestion arose in this case is whether the agistrate,s refusal to ad1udicate was well founded0 8ater in the case& it was discussed on to what e/tent did the English statute law applicable in in England in #$9 apply in *enang

Ratio Decidendi: •

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 6o  6o determine this& the Court assessed whether the statute under which the defendant (Chivatean) was called upon to act is a part of the law of the Settlement (*enang)0  6he general rule of law determining what is the law of the terri territo tory ry is that that if the the new new ac5u ac5uis isit itio ion n be an unin uninha habi bite ted d country found out by :ritish sub1ects and occupied& the law of  England& so far as it is applicable becomes on the foundation of the settlement& the law of the land0 :ut that if it be an inhabited country obtained by con5uest or cession& the law in e/istence at the time of the ac5uisition& continues in force& until changed by the new sovereign0 However& this settlement did not fall e/actly under either branch of the aforesaid rule- it

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was neither a colony of :ritish& nor was it an inhabited country when ceded (2 alay families were found during the ac5uisition of the land)  6o further decide on this& a/well 7 had laid down the criteria to determine the application of the English statute (Statute 2th 3eo V C042) in *enang which provided for the punishment of  labourers for willful breaches of their contract with their employees0  "o in1ustice or inconvenience arise from enforcing the .ct   6he way by which the o;ence is remedied is not peculiar to England   6he stringent provisions of the .ct appears to retain the welfare of the Settlement0 t was concluded that the law applied in *enang

Held: •

 6he agistrate was right by declining to ad1udicate upon the caseon the alleged ground0 t is said it was not the intention of  the legislature that a workman should be put into prison more than once for not ful